THE COMPLEAT CLARK, AND SCRIVENERS GUIDE. Containing Exact DRAUGHTS AND PRESIDENTS Of all manner of Assurances and Instruments now in use: As they were penned and perfected by divers Learned Judges, Eminent Lawyers, and Great Conveyancers, both Ancient and Modern. WHERUNTO IS ALSO ADDED A CONCORDANCE of years, from the time of King Richard the third untill this present; very usefull for Conveyancers and others.
With an exact Alphabeticall Table, whereby any of the said Presidents may be easily found out.
LONDON, Printed by T. R. for H. Twyford, and are to be sold at his Shop in Vine-Court Middle Temple, N. Brookes at the Angell in Cornhill, J. Place at Furnivals Inne Gate in Holborne, and R. Wingate, at the Golden Hind in Chancery-Lane, 1655.
To the READER.
WHat Suits, Vexations, and Losses, do frequently happen to many that have weak and imperfect Conveyances, every daies sad experience doth too cleerly demonstrate: And what quiet content and security they enjoy, that have substantiall and well executed Assurances, is best known to those that have them. And because that others may partake of that happy Condition, great pains and care hath been taken to collect and gather some choise Draughts of Conveyances and Instruments of all sorts; Such as have been made by the advice of severall Men of great Learning and sound Judgments; Famous in the Raigns of Queen Elizabeth, King James, the late King, and in this present Age; some wherof now sit in the Seats of Justice, whose Advice and Counsell cannot now be made use of; and such Care hath been taken in the Composing of them, that a man may readily find out what Conveyance, Instrument, Limitation, Proviso, Clause, Condition, or Covenant, he hath occasion to use, or desireth to be satisfied in (a Method not so exactly observed in Books of this nature:) And these Presidents may serve, not only to inform and satisfie the younger Practitioner; But also to ease and confirm the more Ancient: And will be very usefull and profitable to all men.
THE PRINTER TO THE READER.
THese Draughts and Copies coming from severall hands, and at severall times, some of them are not so orderly placed under their Titles as was intended: And divers of those Books being amended, and interlined by Counsell, and some of those Amendments and Interliniations, being very dark and obscure, many literall and some verball Errors have been occasioned therby; But the knowing Clark as he will soon find them, so he may as easily correct them: Which is desired by him, that would have no errors committed by his Press, if it were possible.
A TABLE OR CONCORDANCE of years, from the beginning of the Raign of King Richard the third, untill the last year of the Raign of the late King Charles, whereby may be found the year of our Lord, and the year of the Raign of each King and Queen.
| An. Dom. | An. Rich. 3 |
| 1483 | 1 |
| 1484 | 2 |
| 1485 | 3 |
| An. Dom. | An. Hen. 7. |
| 1485 | 1 |
| 1486 | 2 |
| 1487 | 3 |
| 1488 | 4 |
| 1489 | 5 |
| 1490 | 6 |
| 1491 | 7 |
| 1492 | 8 |
| 1493 | 9 |
| 1494 | 10 |
| 1495 | 11 |
| 1496 | 12 |
| 1497 | 13 |
| 1498 | 14 |
| 1499 | 15 |
| 1500 | 16 |
| 1501 | 17 |
| 1502 | 18 |
| 1503 | 19 |
| 1504 | 20 |
| 1505 | 21 |
| 1506 | 22 |
| 1507 | 23 |
| 1508 | 24 |
| An: Dom: | An: Hen: 8. |
| 1509 | 1 |
| 1510 | 2 |
| 1511 | 3 |
| 1512 | 4 |
| 1513 | 5 |
| 1514 | 6 |
| 1515 | 7 |
| 1516 | 8 |
| 1517 | 9 |
| 1518 | 10 |
| 1519 | 11 |
| 1520 | 12 |
| 1521 | 13 |
| 1522 | 14 |
| 1523 | 15 |
| 1524 | 16 |
| 1525 | 17 |
| 1526 | 18 |
| 1527 | 19 |
| 1528 | 20 |
| 1529 | 21 |
| 1530 | 22 |
| 1531 | 23 |
| 1532 | 24 |
| 1533 | 25 |
| 1534 | 26 |
| 1535 | 27 |
| 1536 | 28 |
| 1537 | 29 |
| 1538 | 30 |
| 1539 | 31 |
| 1540 | 32 |
| 1541 | 33 |
| 1542 | 34 |
| 1543 | 35 |
| 1544 | 36 |
| 1545 | 37 |
| 1546 | 38 |
| An. Dom. | An. Ed. 6. |
| 1546 | 1 |
| 1547 | 2 |
| 1548 | 3 |
| 1549 | 4 |
| 1550 | 5 |
| 1551 | 6 |
| 1552 | 7 |
| An: Dom: | An: Marie. |
| 1553 | 1 |
| An: Dom: | An: P: & M. |
| 1554 | 2 |
| 1555 | 3 |
| 1556 | 4 |
| 1557 | 5 |
| 1558 | 6 |
| An: Dom: | An: Eliz. |
| 1558 | 1 |
| 1559 | 1 |
| 1560 | 2 |
| 1561 | 3 |
| 1562 | 4 |
| 1563 | 5 |
| 1564 | 6 |
| 1565 | 7 |
| 1566 | 8 |
| 1567 | 9 |
| 1568 | 10 |
| 1569 | 11 |
| 1570 | 12 |
| 1571 | 13 |
| 1572 | 14 |
| 1573 | 15 |
| 1574 | 16 |
| 1575 | 17 |
| 1576 | 18 |
| 1477 | 19 |
| 1578 | 20 |
| 1579 | 21 |
| 1580 | 22 |
| 1581 | 23 |
| 1582 | 24 |
| 1583 | 25 |
| 1584 | 26 |
| 1585 | 27 |
| 1586 | 28 |
| 1587 | 29 |
| 1588 | 30 |
| 1589 | 31 |
| 1590 | 32 |
| 1591 | 33 |
| 1592 | 34 |
| 1593 | 35 |
| 1594 | 36 |
| 1595 | 37 |
| 1596 | 38 |
| 1597 | 39 |
| 1598 | 40 |
| 1599 | 41 |
| 1600 | 42 |
| 1601 | 43 |
| 1602 | 44 |
| 1602 | 45 |
| An: Dom: | An: Jac. |
| 1603 | 1 |
| 1604 | 2 |
| 1605 | 3 |
| 1606 | 4 |
| 1607 | 5 |
| 1608 | 6 |
| 1609 | 7 |
| 1610 | 8 |
| 1611 | 9 |
| 1612 | 10 |
| 1613 | 11 |
| 1614 | 12 |
| 1615 | 13 |
| 1616 | 14 |
| 1617 | 15 |
| 1618 | 16 |
| 1619 | 17 |
| 1620 | 18 |
| 1621 | 19 |
| 1622 | 20 |
| 1623 | 21 |
| 1624 | 22 |
| An: Dom: | An: Car. |
| 1625 | 1 |
| 1626 | 2 |
| 1627 | 3 |
| 1628 | 4 |
| 1629 | 5 |
| 1630 | 6 |
| 1631 | 7 |
| 1632 | 8 |
| 1633 | 9 |
| 1634 | 10 |
| 1635 | 11 |
| 1636 | 12 |
| 1637 | 13 |
| 1638 | 14 |
| 1639 | 15 |
| 1640 | 16 |
| 1641 | 17 |
| 1642 | 18 |
| 1643 | 19 |
| 1644 | 20 |
| 1645 | 21 |
| 1646 | 22 |
| 1647 | 23 |
| 1648 | 24 |
| 1649 | |
| 1650 |
These Books following are Printed for Henry Twyford, and Partners, and are to be sold at his Shop in Vine Court Middle-Temple.
- THe Compleat Attorney, or the Practick part of the Law.
- A Learned Treatise of Wards and Liveries by Sir James Ley Kt.
- The life of the Apostle St. Paul.
- Soliloquies, Meditations, and Prayers, of St. Bonaventure.
- The discontented Collonel by Sir John Sucklin.
- The European Mercury.
- The humble Remonstrance of Sir Iohn Stawell.
- Hebdoma Magna, or the Great week of Christs Passion.
- Sir Rober Brooks Reading on the Statute of Limitations.
- Kitchins Jurisdictions of Courts Leet, Courts Baron, &c.
- Richard Brownlow Esq; Prothonotary of the Court of Common Pleas.
- His Reports, the first and second part.
- His Declarations and Pleadings English.
- His Judiciall Writs.
- Plowdens Abridgment.
- Abridgment of Lord Cooks Littleton.
- Abridgment of Paultons Statutes at large, by Edmund Wingate Esq;
- The Books for the drawing up of all manner of Judgments.
- The Body of Law by Edmund Wingate Esq;
- The Marrow of Law, or the second part of the Faithfull Councellor.
- Office and duty of Executors in 80.
- Lay-mans Lawyer, or the second part of the Practick part of the Law.
- A Commentary on the Originall Writs, by William Hughes Esq;
- Stevensons Poems.
- The Anabaptists Anatomised in a Dispute between Mr. Crag against Mr. Tombes.
- Caesars Commentaries, with Sir Clement Edmunds Observations.
- The Compleat Clark and Scriveners Guide, being the exact Forme▪ of all manner of Conveyances and Instruments now in use: as they were penned by Learned Counsell, both Ancient and Modern.
THE COMPLEAT CLERK, AND SCRIVENERS GUIDE. BEING Exact Draughts of all manner of Assurances, and Instruments now in Use; As they were penned, and perfected, by divers Eminent Judges, and Serjeants at LAW; and learned Councell, both Ancient and Modern.
A Grant of an Annuity, penned by Mr. Edmund Plowden.
THIS Indenture made the day of December, in the twentieth year of the Raign of our Soveraign Lady Elizabeth, by the Grace of God, &c. Between John Ives of great Milton in the County of Oxon, Yeoman, and William Ives Son, and Heir apparant of the said John of the one part; And Richard Dunt of Henley upon Thames, in the said Counry of Oxon, yeoman, on the other part; witnesseth that the said John Ives, and William Ives, for, and in consideration of the sum of threescore pounds of lawfull mony of England, to them before the ensealing of these Presents by the said Rich: Dunt, well and truly contented and paid, wherof, and wherwith they acknowledged themselves [Page 2] satisfied, and therof do by these Presents fully acquit, and discharge the said Richard Dunt his Heirs, Executors, and Administrators, by these presents have given and granted, and by these presents for them, and their Heirs, do give and grant to the said Richard Dunt one Annuity or yearly Rent of six pounds, of good and lawfvll mony of England, issuing, and going out of all those Messuages, Lands, Tenements, and Hereditaments, set, lying, and being in Milton aforesaid; now, or late in the Tenure and Occupation of the said John Ives, or his Assigns, and out of all other Lands, Tenements, and Hereditaments whatsoever, of them the said John and William, or either of them, in Milton aforesaid, Chilworth and Haselley in the said County of Oxon; To have, and to hold, pertain and enjoy the said Annuity or yearly Rent of six pounds, and every parcell thereof to the said Richard Dunt; his Heirs and Assigns for ever: to the only use and behoof of the said Richard Dunt, his Heirs and Assigns for ever; at the Feast of the Circumcision of our Lord God, and the Nativity of Saint John Baptist, by even portions yearly to be paid: And if it happen the said yearly Rent of six pound, or any part therof, to be behind, and unpaid, after any of the said Feasts or daies of payment, on which as is aforesaid it ought to be paid: Then it shall be lawfull to the said Richard, his Heirs and Assigns, into the said Lands, Tenements, and Hereditaments, and other the Premisses, and into every part therof, to enter and distrain, and the Distresses there found, to lead, drive, and carry away, impound, and detain, untill he, or they shall be of the said Annuity or yearly Rent so being behind, and the Arrearages therof, if any be fully satisfied, contented, and paid; Of which Annuity or yearly Rent of six pounds, the said John, and William Ives have put in peaceable Possession amd Seisin, the said Richard Dunt by delivering unto him four pence of lawfull English mony in the name of Seisin, at the time of the delivery of these presents: And the sayd John Ives, and William Ives, for them, their Heirs, Executors, and Administrators, and for their Executors and Administrators, of either of them, do covenant, promise, and grant by these presents, to, and with the said Richard Dunt, his Heirs. Executors, Administrators, and Assigns, that they the said John, and William are and be, or that one of them is, and standeth seised of, and in the Messuages, Lands Tenements, and Hereditaments in Milton, Chilworth, and Haselley aforesaid, at the time of the delivery of these presents of the cleer yearly value of twenty pounds over and above all Charges and Reprises, of a g [...]od perfect and lawfull Estate in Fee-simple, and that they have, or one of them hath full power and lawfull authority to charge the same with the said Annuity or yearly Rent of six pounds in manner aforesaid, and that the same Lands and Tenements shall be at all times hereafter overt and sufficient to the Distresses of the said Richard Dunt, his Heirs and Assigns, when they [Page 3] shall come to distrain for the said Rent & every part therof then behind. And that they the said John and William, their Heirs, Executors, Administrators, and Assigns, shall, and will at all times hereafter, from time to time keep, acquit, discharge, or save harmless, the said Messuages, Lands, Tenements, and Hereditaments, and other the Premisses, and every part therof; of, and from all manner of former Bargain, Sale, Joynture, Dower, Statute, Lease and all other Title, charges and Incumbrances whatsoever, in such manner and sort, that the said Richard Dunt, his Heirs and Assigns for ever, and every of them shall, and may have and enjoy the said Annuity or yearly Rent of six pounds, and every parcell therof, peaceably and quietly, without any lawfull let, or interruption of any person whatsoever. And also that the said John, and William Ives and their Heirs shall, and will at all times hereafter, at the reasonable request of the said Richard Dunt, his Heirs and Assigns may do, and suffer, or cause to be made, done, and suffered, all and every such further Act and Acts, thing and things in the Law whatsoever, for the further assurance and sure making of the said Annuity or yearly Rent of six pounds to the said Richard Dunt, his Heirs and Assigns, as shall be reasonably devised by the said Richard, his Heirs or Assigns, or by his, or their learned Councell, at the costs and charges in the Law of the said John, and William Ives, their Heirs or Assigns. Provided alwaies, and it is covenanted, granted, and agreed between the said parties, for them, their Heirs, Executors, and Administrators, by these presenrs, that if the said John Ives, and William Ives, their Heirs, Executors, Administrators, or Assigns, or any of them shall well, and truly content and pay, or cause to be well and truly contented, and paid to the said Richard Dunt, his Heirs, Executors, Administrators, or Assigns, at, or in the now dwelling house of the said Richard Dunt in Henley aforesaid, in and upon the Eve of the Feast-day of the Circumcision of our Lord God, which shall be in the year of our Lord 1583. Between the hours of one and three of the Clock in the afternoon of the same day, the sum of forty pounds of good and lawfull mony of England, at one whole and entire payment, that then, and from thence forth, the said Annuity or yearly Rent of six pounds and every parcell therof, shall cease, determine, and be extinguished for ever, and that then the said Richard Dunt, his Heirs and Assigns shall deliver up to the said Iohn Ives, and William Ives their Heirs or Assigns, so paying the said sum of forty pounds, this present Deed, and all other Assurances concerning the same Annuity to be cancelled, and made void any thing aforesaid, or other matter whatsoever to the contrary notwithstanding. In witness, &c.
An Annuity with power of Revocation.
THis Indenture made, &c. Between R. M. of S. &c. of the one part, and N. M. one of the younger Sonnes of the said R. M. &c. of the other part, witnesseth that the said R. M. as well by force, vertue, and power, and according to the tenor and liberty of one Proviso, or clause in that behalfe mentioned or specified, in one paire of Indentures, bearing date, &c. made betwixt the said R. M. of the one part, T. R. of, &c. of the other part, as otherwise, hath given, granted, and confirmed, and by these presents doth by the liberty and power aforesaid, give, grant, and confirm unto the said N. M. and his Assigns, one annuall or yearly Rent of ten pounds of good and lawfull mony of England, to be issuing out of all and singular the Mannors, Lands, Tenements, and Hereditaments of the said R. M. scituate, lying, and being in D. or else where, in the County of C. To have and to hold the said annuall, or yearly rent of ten pounds unto the said N. M. and his Assigns, during his naturall life, the same to be paid at the two severall Feast-daies of the Annunciation of the blessed Virgin Mary, and Saint Michael the Arch-angel, by even and equall portions; The first payment therof to begin at such of the said Feasts as shall first happen, next after the decease of the said R. M. And if it shall happen the said Annuity, or annuall rent of ten pounds, or any part therof to be behind, or unpaid in part, or in all, in which it ought to be paid as aforesaid (being lawfully demanded) that then, and so often it shall and may be lawfull to, and for the said N. M. and his Assigns, into any Mannors, Lands, Tenements, and Hereditaments of the said R. M. or into any part or parcell therof, to enter and distrain for the said Annuity, or annuall rent of ten pounds, or such part therof, as shall so happen to be behind, arrear, and unpaid, and the Distress or Distresses there found, to take, drive, chase, lead or carry away, and with him, or them, to detain, hold, and keep, untill he the said N. M. of the said Annuity or annuall rent of ten pounds, with the Arrearages therof (if any such be) shall be fully satisfied and paid. Provided nevertheless and upon condition, that if the said R. M. shall at any time during his naturall life, pay or tender unto the said N. M. or to any other person, or persons the sum of twelve pence, or more, of lawfull English mony, with intent and of purpose to revoke, make frustrate, or make void the said Annuall Rent or the grant therof, that then and from thence forth this present Deed and all, and every the Gift, Grant, and Limitation of the Rent aforesaid; And the said annuall or yearly Rent, so by these presents given, granted, or mentioned to be granted; shall cease and be void frustrate and of no further force or effect in the Law, any thing in these presents contained to the contrary, in any wise notwithanding. In witness, &c.
An Annuity by Deed Pol.
TO all Christian people to whom these presents shall come; A. B. of C. in the County of S. Esquire, sendeth greeting in our Lord God everlasting. Know yee that the said A. B. for divers good causes and considerations him therunto moving, hath given, granted, and confirmed, and by these presents doth give, grant, and confirm unto E. F. of, &c. One Annuity or annuall rent of five pounds, of lawfull mony of England, to be well and truly paid unto the said E. F. and his Assigns, from and immediatly after the decease of the said A. B. out of all, and singular that, and those the Messuages, Lands, & Tenements, with their, and every of their severall, & respective Appurtenances, scituate, lying, and being in P. late in the possession of L. M. called, or known by the name of H. Tenement, to have, and to hold, receive, perceive, and take the said Annuity, or annuall rent of 5 l. by the year, to him the said E. F. and his Assigns, immediatly after the decease of the said A. B. for, and during the tearm of sixty years, if he the said E. F. so long shall live; The same to be had, taken, received, and paid by, and to him the said E. F. and his Assigns, at the Feast-daies of Saint Martin the Bishop in Winter, and Pentecost, by even and equall portions, the first payment therof to begin and take commencement at such of the said Feasts as shall first, and next happen after the death and decease of the said A. B. with a clause of distress, as in the last mentioned Grant.
A Rent-charge for Service done, and to be done, with a Proviso of Revocation.
THis Indenture made &c. Between A. B. of &c. of the one part, and C. D. of the other part; witnesseth that the said A. B. for, and in consideration of the good and faithfull Service by the said C D. already done, and hereafter to be done to the said A. B. hath given, granted, and confirmed, and by these presents for himself, his Heirs, Executors, and Administrators, doth give, grant, and confirm unto the sayd C. D. one Annuity, or yearly rent of five pounds to be issuing, payable, and going out of all and singular Messuages, Cottages, Mills, Lands, Tenements, and Hereditaments, scituate, lying, and being within the Towns, Town-ships, Feilds, Hamlets, and Territories of L in the County of S. To have, hold, and yearly to receive, perceive, and take the said Annuity, or annuall rent of five pounds, yearly, from, and immediatly after the making therof, for, and during the tearm of his naturall life, at the Feasts of &c. with a clause of distress as before. Of [Page 6] which Annuity, or annuall rent, he the said A. B. hath put the said C. D. in full and peaceable possession and Seisin by the payment of six pence, of good and lawfull money of England, for, and in the name of Seisin, and as part of the said Annuity or annuall Rent-charge of 5. l. afore by these presents granted as aforesaid: And the said A. B. doth covenant and grant, to, and with the said C. D. that he the said A. B. at the time of the sealing, and delivery of these presents, hath full power, good, and lawfull Estate and authority, to charge the said Messuages, Cottages, Mills, Lands, Tenements, and Hereditaments, with all and singular their Appurtenances afore mentioned, and every part and parcell therof, with the payment of the said Annuity or annual rent of five pounds, in manner and form aforesaid: And that the said Messuages, Cottages, Mills, Lands, Tenements, and Hereditaments, and every part, and parcel therof, now are, and so shall remain, and continue and be, during the tearm of the naturall life of the said C. D. as aforesaid, overt, chargable, sufficient, and lyable to, and for the Distress of the said C. D. for the non-payment of the said Annuity or annual Rent-charge of the five pounds, and for the Arrearages therof, if any shall fortune to be: And further that he the said A. B. his Heirs and Assigns, and all, and every other person or persons, which now are or hereafter shall be seised of the said Messuages, Cottages &c. and of every, or any part or parcell therof, shal and will at all, and every time, and times, during the natural life of the said C. D. pay, or cause to be paid unto the said C. D. the said Annuity, or annuall rent of five pounds, at the times before in these presents limited, according to the tenor, true intent, and meaning therof. Provided alwaies and nevertheless upon condition, that if he the said C. D. shall, or do at any time, or times hereafter, during the tearm of the naturall life of the said A. B. refuse or deny to serve the said A. B. in such convenient, honest, and reasonable Service, or otherwise at any time during the life of the said A. B. shall leave or depart out of the Service of the said A. B. without the consent of the said A. B. under the hand and Seal of the said A. B. first had and obtained: That then, and immediatly after such refusall, denyall, leaving, or departure of the said A. B. as well this present Deed, as also all, and every clause, matter, or thing therin contained, shall be utterly void, frustrate, and of none effect in the Law, and also that then, and from thenceforth, the said Annuity or annual Rent-charge of five pounds, shall cease and determine, and be no longer payable in any wise, any thing before in these presents contained to the contrary, notwithstanding.
A Grant of an Annuity, to a man and his Wife during their lives, issuing out of Lands passed by way of a Fine and Recovery.
THis Indenture, &c. Between Sir W. H. of St. J. in the County of M. Knight, on the one part, and T. A. Citizen and Habardasher of L. and A. his wife of the other part, witnesseth that the said Sir W. H. for, and in consideration of the sum of &c. wherof &c. hath given and granted, and by these presents doth give and grant for him, his Heirs, Executors, and Administrators, unto the said T. A. and A. his wife, one Annuity of a hundred pounds, of &c. by the year, by the said Sir W. H. his Heirs, Executors, Administrators, or Assigns, from henceforth yearly to be paid to the said T. and A. and their Assigns, by, and during the term of the natural lives of the said T. and A. and the life of the longest liver of them, at, or in the Mansion house of the said T. scituate &c. at two equall payments in every year, in manner and form following, that is to say, on the four and twentieth of December, or on the fortieth day next after the same twenty fourth of December, the sum of fifty pounds of &c. and on the twenty fourth of June, or on the fortieth day &c. the like sum of fifty pounds of &c. The first payment therof to begin and to be made on the twenty fourth of December, next &c. or on the fortieth day, &c. and so from thenceforth the said annuity to have continuance, and to be yearly paid to the said T. and A. and their Assigns, upon the said daies, and within the said times, and at the said place, during the naturall lives of the said T. and A. and the life of the longest liver of them: And the said Sir W. H. doth covenant to, and with the said T. and A. &c. That if and as often as it shal happen the said Annuity of a hundred pounds, or any part or parcell therof to be behind and unpaid, on, or after the said twenty fourth of December, or twenty fourth of June, or on, or after either of them, that then, and so often as that shall happen, during the naturall lives of the said T. and A. the said Sir W. his Heirs, Executors, or Administrators, shall forfeit and lose to the said T. and A. and their Assigns the sum of twenty Marks of &c. in the name of a Pain, and therof shall make full and true payment, to the said T. and A. or their Assignes, with that part of the said Annuity of &c. wherof default shall be made as aforesaid: And for the consideration aforesaid, and for a good and certain surety and assurance to be had and made to the said T. and A. of, and for the said Annuity of &c. to them the said T. and A. well and truly to be paid every year, during the naturall lives of the said T. and A. and the life of the longest liver of them, according to the effect and true meaning of these presents: The said Sir W▪ H. for him, his Heirs, and Assigns, doth covenant &c. to, and with the said T. A. his Heirs and Assigns by these presents, that he the said Sir W. H. before the tenth day of [Page 8] June next ensuing &c. by fine or fines, to be levied, with Proclamations, before the Justice of the Queens Majesties Court of Common Pleas at Westminster, according to the order and course of the Laws and Statutes of this Realm, between the said T. A. and the said A. his wife, Plaintiffs, and the said Sir W. H. Deforceant, shall and will recognise and acknowledge all that Messuage or Tenement, now in the occupation of the said Sir W. H. or his Farmers, or Tenants, and all Barns &c. therunto belonging, or occupied, demised, or leased to, or with the same: And all those Lands &c. and all and singular other the Messuages &c. of the said Sir W. in the Towns, Feilds, Parishes, and Hamlets, of &c. in the County of M. by such convenient name, or names as are, or shall be devised to be the right of the said T. A. as those which the said T. A. and A. shall have of the gift of the said Sir W. H. and the same by the said Fine shall remise, and quit-claim from him the said Sir W. and his Heirs, to the said T. and A. and the Heirs of the said T. for ever: And further the said Sir W. H. shall by the same Fine, grant for him and his Heirs, that he shall warrant the Premisses with the Appurteuances to the said T. and A. and to the Heirs of the said T. against him the said Sir W. and his Heirs for ever; Which said Fine and Fines, and all, and every other Fines to be levied by the said Sir W. to the said T. and A. and the Heirs of the said T. or in any other manner of the said Premisses with the Appurtenances, or of any part, or parcell therof before the said tenth of June next &c. by the name, or names aforesaid, or by any other name or names whatsoever, shall be to the use and behoof of the said T. A. and A. his wife, and of the Heirs of the said T. A. untill a perfect recovery may be had of the Premisses, against the said T. A. and A. by R. S. and R. H. And the said T. A. for himself, and for the said A. his wife, and for the Heirs and Assigns of him the said T. covenanteth with the said Sir W. H. his Heirs and Assigns by these presents: that after the said Fine, or Fines, had and levied as aforesaid, he the said T. and the said A. his wife, shall, and will suffer the said R. S. and R. H. to sue and prosecute one Writ of Entry Sur disseisin in le post, before the said Justices of her Majesties said Court of Common Pleas at Westminster, against the said T. A. and A. his wife, of all and singular the said Lands and Tenements, Rents, Reversions, Services, and all, and singular other the Premisses with the Appurtenances, by such convenient names and quantities, as by the said Sir W. his Heirs, Executors, or Administrators, or by his or their Councell learned, shall be reasonably devised or advised; in, and by which Writ of Entry Sur desseisin le post, so to be brought, the said T. A. and A. his wife, shall appear and vouch to warranty the said Sir W. H. who shall appear and enter into warranty, and vouch to warranty the common Vouchee, who after his entry into the Warranty and Imparlance being had, shall make default, to the end one common Recovery may be had, and prosecuted in all things, according to the usuall order, and form of common Recoveries for Assurances of Lands, Tenements, and Hereditaments, in such [Page 9] cases used and accustomed; And that the same Recovery shall in due form of Law be executed accordingly: And it is witnessed, declared covenanted, condescended, and fully agreed by, and between the said parties, to these presents, that the said Recovery so to be had, aad prosecuted, and all other Recoveries of the Premisses, or of any part, or parcell therof, between the said parties, or any of them, before the said tenth of June, next &c. and the full execution of them, and every of them. And also the said Fine, and Fines after the said Recovery so had, or suffered; And also all and singular other Fines, and Recoveries whatsoever, heretofore, had, levyed, acknowledged, or suffered, or to be had &c. of the said Premisses, or of any part therof, by what name, or names soever, shall be, and shall be adjudged, and taken to be to the uses, and intents, and purposes hereafter, in these Presents mentioned, limitted, and expressed, and to none other use, purpose, or intent. That is to say, unto the use, and behoof of the said Sir W. H. and of his Heirs and Assigns, untill default shall be made in payment of the said Annuity of &c. before, by these presents granted as aforesaid, or of any part therof, contrary to the true meaning of these presents: And from, and immediatly after such default in payment h [...]d, and made as aforesaid; Then the said Fines, Recoveries, and other the Assurances aforesaid, shall be, and shall be adjudged, and taken, to be to the only and proper use, and behoof of the said T. and A. and of the Heirs and Assigns of the said T. for ever, and to none other use, purpose, or intent, any before in these presents contained, or any other matter, or thing whatsoever, to the contrary hereof in any wise notwithstanding. And the said Sir W. for him, his Heirs, and Assigns, covenanteth with the said T: and A. &c. in form &c. viz. That all, and singular the said Messuages, Lands, Tenements, and Hereditaments, and all, and singular other the Premisses, with all, and singular their Appurtenances, from, and after any default of payment hapning, contrary to the tenor and effect of these presents, of, or in the said Annuity, or any part, or parcell therof, shall be, and remain unto the said T. and A. and to the Heirs and Assigns of the said T. for ever cleer, and free discharged, and exonerated, and acquitted, or otherwise by the said Sir W. his Heirs, Executors, or Administrators, from time to time, and at all times, sufficiently save harmless, and from all and singular Farms, Grants, Bargains, Sales, Leases, Charges, Estates, Bonds, Debts, Titles, Fine, and Fines for alienation, by these presents, Joyntures, Dowers, Title of Dower, Amerciaments, Arrearages of Rents, and all other Incumbrances whatsoever: The chief Rents and Services to be due and payable to the chief Lord, or Lords, of the Fee, or Fees of the Premisses, in respect of their Seigniories only; and all Leases made of the Premisses, or of any part, or parcell therof, for term of three lives, or one and twenty years, wherupon the old and accustomed Rents, or more, are reserved, and shall be yearly payable, after such default made to the said T. and A. and the Heirs of the said T. alwaies exempted and fore-prised. And further the said Sir W. H. covenanteth [Page 10] &c. that if it shall fortune default to be made contrary to the tenor; purpose, form, and effect of these presents, of, or in payment of the said Annuity &c. that then, and at the time of such default made, and from thenceforth for ever the said Premisses shall be, or lawfully may be, and continue to the said T. and A. and to the Heirs of the said T. for ever, of the full and cleer yearly value of &c. over and above all Charges and Reprises: And that the same be now so holden and farmed. And further that then, and for ever after the time of any such default so hapning, in payment of the said Annuity, the said T. and A. and the Heirs of the said T. for ever, shall, or may lawfully and quietly have, hold, and enjoy, all and singular the said Mannors &c. And then also, and from thenceforth shall, or may lawfully and quietly have, take, perceive, receive, and enjoy all, and singular the Rents, Revenues, Issues, and Profits therof, and of every part therof, to the only use of the said T. and A. and of the Heirs of the said T. for ever, without let, molestation, Action, Suit, Entry, disturbance, or interruption of the said Sir W. his Heirs or Assigns, or any of them; And without any lawfull Action &c. of any other person or persons whatsoever, except before excepted: And also the said Sir W. covenanteth &c. that he the said Sir W. his Heirs or Assigns, within six months next, after any default made, contrary to the form and effect of these presents, of, or in any payment of the said Annuity, or of any part therof, shall, and will, well and safely deliver, or cause to be delivered to the said T. and A. their Heirs and Assigns, or to some of them, at the now Mansion house &c. All and singular such Deeds, Charters, Evidences, Books of Survey, Terieers, Writings, and Monuments, concerning the Premisses only or only any part or parcell therof, or which the said Sir W. now hath, or which he or his Heirs then shall have, without Suit in the Law may then get, or come by together with true Copies of all other Writings &c. which do concern the Premisses, or any part therof, joyntly with any other Lands, Tenements, or Hereditaments.
Provided alwaies, that if the said Sir W. his Heirs, Executors, or Administrators, shall happen not to make true payment, according to the tenor and true meaning above in these presents declared, of the said Annuity &c. and of all sums of money to be forfeited Nomine poene as aforesaid, and of every part and parcell of them, but shall fail and make default in payment of the same, or any part therof, contrary to the form and effect of these presents: So that the said T. and A. or the Survivor of them, or their Heirs, or Assigns, or the Heirs and Assigns of either of them, by reason of the same default, then shall, or may lawfully from thenceforth possess, enjoy, receive, and take, all and singular the Rents, Revenues, Issues and Profits, of all and singular the Premisses, with all and singular the Appurtenances, according to the intent and true meaning above in these presents specified and declared; That then the said Annuity above granted to the said T. and A. and the longer liver of them, shall cease, determine, [Page 11] and be no longer paid: And moreover the said Sir W. covenanteth &c: that he the said Sir W. his Heirs and Assigns, and Dame N. now wife of the said Sir W. and all, and every other person, or persons (other then such Leases as shall lawfully claim, for, and by reason of their Leases and Estates to be excepted) which have, or shall have, or shall, or may lawfully claim to have any Estate, Right, Title, or Interest, of, in, or to the said Premisses with their Appurtenances, or any part therof, shall, and will not only at all times, during five years next ensuing the date hereof, upon reasonable request, make, do, knowledge, and suffer, and cause &c. all and every such act, and acts, thing, and things, as by the said T. and A. or either of them, or the Heirs or Assigns of the said T. or by their, or any of their Councell learned in the Law, shall be lawfully demised, or advised, for the further assurance, surety, conveyance, and sure making of all, and singular the said Mannors &c. to be had, conveyed, and made sure to the said T. and A. and to the Heirs and Assigns of the said T. to the only use of the said T. and A. and of the Heirs and Assigns of the said T. for ever, according to the true meaning of these presents, and upon the conditions therein contained, and not otherwise: But also at all times during seven years next after any default made, contrary to the tenor and true meaning of these presents, of, or in payment of the said Annuity, shall, and will, at, and upon the reasonable request, and at the costs and charges in the Law of the said T. and A. or one of them &c. make, do, acknowledge &c. all and every such lawfull and reasonable act, &c. as the said T. &c. shall devise &c. for the further assurance of all and singular the said Mannors &c. to be had, conveyed, and made sure to the said T. and A. and to the Heirs and Assigns of the said T. for the only use and behoof of the said T. and A. and of the Heirs and Assigns of the said T. for ever, without any manner of or defeasance whatsoever: And also that he the said Sir W. his Heirs, or Assigns within one year next ensuing the date hereof, shall, and will deliver, or cause to be delivered to the said T. A. or the Survivors of them, or to the Heirs or Assigns of the said T. annd A. at the now Mansion &c. one Book of a plain and perfect Survey of all the said Messuages, Lands, Tenements, Rents, Services, and Hereditaments, and of all and other the Premisses with their Appurtenances, containing, and expressing the names of the Tenants and Occupiers of the Land, and their Estates, and the yearly Rents plainly and legibly writen: And the said T. A. for himselfe and the said A. his VVife, covenanteth &c. that they the said T. and A. or their Assigns, or the Survivor of them, or his, or her Assigns, upon the receit of every payment of the said Annuity, or sums forfeited Nomine poene, to them, or any of them hereafter to be made, according to the tenor and true meaning of these presents, shal and wil upon request therfore to be made, deliver a Writing under their hands, or under the hands of the Survivor of them, plainly testifying and reporting the same receipt [Page 12] and payment, from time to time, so often as the said T. and A. or their Assigns, or the Survivors of them, or his, or her Assigns shall receive any such payment. In witness &c.
A Grant of an Annuity by a Lease to his Lord, issuing out of a Tenement to him demised, with Clause of Distresse, and Covenant that the House shall stand over, and lyable to Distress.
TO all to whom this present Writing shall come, G. P. of S. in the County of E. Esquire, sendeth greeting; Wheras E. H. Citizen and Skinner of L. by his Indenture of Lease, dated the sixth of February, hath granted demised, and letten to Farm to me the said G. all that Messuage &c. and all Shops &c. scituate in Bredstreet &c. To hold from the Feast of the Annunciation &c. now next coming, by and during the tearm of one and twenty years, from thence &c. As by the said Indenture &c. which Indenture of Lease was sealed and delivered by the said E. H. unto the said G. P. before the ensealing and delivery of these presents by the said G. And the said G. by virtue of the same Indenture, was possessed of the said Messuage, or Tenement.
Know yee that I the said G. for very good and speciall causes and considerations, him moving, hath given and granted, and by these Presents, for him, his Executors, Administrators and Assigns, doth give and grant unto the said Annuity, or annuall rent of thirty pounds of &c. to be issuing and levying out of, and upon the said Messuage, or Tenement, and other the Premisses with their Appurtenances; To have, take, perceive, and receive the said Annuity, or annuall rent of &c. to the sayd E. his Executors, Administrators, and Assigns, yearly, for, and during all the said tearm of one and twenty yerrs, or for so long time as the said G. P. his Executors, Administrators, or Assigns, shall, or may occupy and enjoy the said Messuage, or Tenement, by virtue of the said Indenture of Lease, at the Feasts of Saint Michael &c. and the Annunciation &c. or within the space of eight and twenty daies, next after every of the same Feast-daies, yearly to be paid by equall portions during the said tearm; The first payment therof to begin at the Feast of Saint Michael &c. now next coming: And if it shall, the said Annuity, or annuall rent of thirty pounds, or any part therof, to be behind and unpaid, by the space of eight and twenty daies after any of the said Feast-daies▪ wherin the same ought to be paid as aforesaid, it being first lawfully demanded at the said Messuage, or Tenement, that then it shall be lawfull to, and for the said E. his Executors, Administrators, and Assigns, into the said Messuage, or Tenement, [Page 13] with the Appurtenances to enter and distrain; And all and every the Distress, and Distresses there found, lawfully to bear, drive, and carry away, and with them to hold and keep, untill the said Annuity, and yearly rent, and all Arrearage therof; And of all their costs and damages in that behalf sustained, they be fully payd and satisfied: And the said G. P. covenanteth &c. That the said Messuage and Tenement with the Appurtenances, for any act, or thing, to be done, caused procured, or agreed unto by the said G. his Executors, Administrators, or Assigns, or by any other person, or persons, by his, or their means, tiltle, or shall be lyable and to all and every Distress and Distresses of the said E. his Executors, Administrators and Assigns, from time to time, as often as any occasion therof shall be given, during the said tearm of one and twenty years In witness &c.
A Grant of an Annuity to a Woman for her life, after the decease of her Husband, with a Clause to enter and detain.
TO all persons to whom this present Writing shall come, C. B. of S. in the County of B. sendeth greeting; Know yee that I the said C. B. for and in consideration of fifty pounds to me paid by W. D. Dean of Windsor, in marriage with R. D. Daughter of the said W. D. and R. B. Son and Heir of me; these C. B. have given and granted, and by this my present Writing, do confirm to the said W. D. and to H. D. and W. D. and their Assigns, one Annuity or annual rent of 20 l. of lawfull mony of England, to be issuing out of the Mannor, or Capital Messuage, called West Town, in the County of M. &c. To have and perceive the said Annuity or yearly rent aforesaid, to the said W. D. H. D. and W. D. &c. and their Assigns, for the tearm of the life of the said Rachell, to the use of the said Rachell for the tearm of her life; Payable yearly at the Feasts of Saint Mich: and the Annunciation of the blessed Virgin Mary, by equall portions, the first tearm of the payment therof to begin at that Feast, of the Feasts aforesaid, as shall next happen after the death of the said R. B. Husband of the said Rachell, and not before: And if it shall happen the said Annuity, or yearly rent, to be behind or unpaid, in part, or in all, by the space of eight and twenty daies, next after any Feast of the Feasts aforesaid, in which as aforesaid the same ought to be paid; That then and from thenceforth it shall be lawfull for the said W. D. H. D. and R. D. or any of them, or their Assigns, or the Assigns of any of them, into the said Mannor, or Capitall Messuage &c. to enter, and the same to hold and possess, and the rents of the same, with all Rents, and Profits, and Commodities to the same Mannor [Page 14] &c. belonging or appertaining, to the use and behoof aforesaid, to take and enjoy, untill of the Annuity, or annuall rent aforesaid, together with the Arrearages of the same (if any be) to them, to the use of the said Rachell, shall be fully satisfied and paid. In witness &c.
A Grant of an Annuity, or Rent-charge of fifty Marks, and of a hundred Shillings, Nomine poene.
TO all persons to whom this present writing Tripartite indented A good President passed by the Kings Serjeant at Law, in the Remainders over for want of Issue. shal come, R. P. and I. C. and H. S. send greeting: Wheras we the said R. P. I. C. and H. S. are seised in our Demesne as of Fee, of the Mannor of S. with the Appurtenances &c. Know yee, that we by these presents do grant to W. M. a certain annuall rent of fifty Marks, to be taken and paid out of, & in these Mannors, Lands, and Tenements, with the Appurtenances, to the said W. M. and the Heirs of his body coming, at the Terms of Saint Michael, and Easter, yearly by equall portions. And we do moreover grant unto the said W. M. and the Heirs of his body issuing, the rent of a hundred shillings (Nomine poene) to be issuing out of the Mannors aforesaid, to have, and take to them so often as it shall happen, the said Annuall rents of fifty Marks, to be behind and unpaid, in part, or in all, to the said W. M. or his Heirs aforesaid, by the space of four months, next after any tearm of payment of the same fifty Marks, above limited; And that it shall be lawfull to the said W. M. and his Heirs aforesaid, as well for the same rent of fifty Marks (if it shall happen to be behind and unpaid, in part, or in all, by the space of four months, next after any tearm of payment thereof) to distrain in the said Mannor of S. and these Lands, and Tenements aforesaid, with the Appurtenances, and the Distresses there taken, to drive, carry away, and detain, untill to the said W. M. and his Heirs aforesaid, the said rent of fifty marks, and the said rent of a hundred shillings granted (Nomine poene) be fully contented and paid. And if it shall happen that the said W. M. shall dye without Heirs of his body, Then we will and grant, that the said annuall rent of fifty marks shall remain to F. M. and the Heirs of his body coming; And that the said F. M. and his Heirs aforesaid, shall for ever after have the said yearly rent, to be paid and taken yearly at the tearms aforesaid, by equall portions, of, and in the Mannor aforesaid, and other the Premisses with the Appurtenances▪ And we do further grant to the said F. M. and his Heirs aforesaid, the said rent of a hundred shillings Nomine poene, out of the Mannor aforesaid issuing, to be taken and had as of ten as it shall happen the said rent of fifty marks, to the said F. and his Heirs aforesaid, in form aforesaid granted, to be behind in part, or in all, by the space [Page 15] of four months after any tearm of payment hereof, and that it shall be lawfull &c.
Provided alwaies, that ten marks of the said fifty marks, in form aforesaid granted, shall not be paid, nor any Distress for the same ten marks shall be at any time taken, nor levied, during the life of R. Q.
Provided also, that the persons of us the said R. P. I. C. and H. S. nor the person of any of us, or of our Heirs, shall not be charged, or chargable with this present Grant, but the same shall only extend to, and charge the said Mannors, Lands, and Premisses, with the Appurtenances. In witness &c.
An Annuity for tearm of years, issuing out of Land, with liberty to sell the Distresses.
THis Indenture &c 9 July An. 24. Eliz. Between H. D. of S. in the County of S. Esquire, the one party, and Sir L. D. Citizen and Alderman of L. on the other party, Witnesseth that the said H. D. in full satisfaction of all Debts, Duties, and Demands, which C. D. of L. Gentleman, deceased, Uncle of the said H. D. did at the time of his decease owe unto the said Sir L. D. hath for him, his Heirs, Executors, Administrators, and Assigns, and for every of them, given, granted and confirmed, and by these presents, for him, his Heirs, Executors, Administrators, and Assigns, and for every of them, doth give, grant, and confirm unto the said Sir L. D. Knight, his Executors and Assigns, one Annuity, or yearly rent of ten pounds of &c. yearly to be issuing, and going out of all that park or grounds, called or known by the name of Wood-park, in the Parish of M. alias N. in the County of S. and out of all whatsoever Lands, Mills, Tenements, Woods, Under-woods, and Hereditaments whatsoever; lying and being in I. Wood Park aforesaid, as out of all and singular other the Lands, Tenements, and Hereditaments of that said H. D. within the said County of S. To have, hold, perceive, levy, receive, take, and enjoy the said Annuity, or yearly rent of &c. unto the said Sir L. D. his Executors, Administrators, and Assigns, from the twentieth of May, which shall be &c. 1590. for, and during the tearm of ten years then next ensuing, to be compleat and ended, payable, during the said tearm of ten years, at the usuall place of tender, receipt, and payment of money, commonly called the Counting-house, set and being on the West part of the Royall Exchange in L. without fraud of guile, on the first day of May, and &c. the first payment of the said Annuity, or yearly rent, to begin on the first day of May, which shall be &c. 1591. And the said H. D. for him &c. covenanteth &c. in form, &c. That he the the said H. D. his Heirs, Executors [Page 16] &c. or Assigns, shall and will yearly, during the said tearm of ten years, upon the first day of May, well and truly pay, or cause &c. unto the said Sir L. D. his Heirs, Executors, Administrators, or Assigns, at the Counting-house aforesaid, the yearly Rent, or Annuity of ten pounds; And that if it shall happen the said annuity, or yearly rent of &c. to be behind and unpaid, in part, or in all, at any of the daies or times above limitted: That then, and so often the said H. D. his Heirs and Assigns, and every of them, shall and will forfeit and pay unto the said Sir H. D. his Executors or Assigns, for every such default in payment, the sum of five pounds of &c. in the name of a pain or penalty: And that then, and at all times after, and from time to time, so often and when, as any default of payment of the said annuity, or yearly rent, or of any part therof shall happen, during the said tearm of one and twenty years, to be made, contrary to the limitation aforesaid, it shall, and may be lawfull unto, and for the said Sir L. D. his Executors, Administrators, and Assigns, and to every of them, as well for the said sum of ten pounds, so to be due and unpaid; As for the said five pounds to be as above forfeited and lost (Nomine poene) into the said Park called I. Wood Park, and all and singular other the said Lands, Tenements, and Hereditaments, and all other the Premisses, into any part or parcell therof to enter and distrain: And the Distress or Distresses then, and there so had and taken, and from thence lawfully to bear, lead, drive, and carry away, without any manner of Rescous, or Suit of Replevin by the said H. D. his Heirs, Executors, Administrators, or Assigns, or any of them, or by any other person or persons, for them, or any of them: And that the said Sir L. his Executors, Administrators, and Assigns, and every of them, shall, and may detain, retain, and keep the same Distress, or Distresses irrepledgably, untill the said Sir L. his Executors, Administrators, or Assigns, be as well of the said yearly rent of &c. which shall be due, and as aforesaid unpaid as of the said 5 l. to be as aforesaid forfeited (Nomine poene) and of every part or parcell therof, and also of the reasonable costs and expences which shall be by reason of the non-payment therof sustained, fully satisfied, contented, and paid: And if it shall happen that the said yearly rent of &c. and the said five pounds aforesaid to be forfeited (Nomine poene) for which the said Distress, or Distresses shall be as aforesaid had, and taken, shall be behind and unpaid, at the place afore-limitted, for the payment therof by the space of five daies, on, or after any such Distress, or Distresses shall be taken as aforesaid, by the said Sir L. D. his Executors, or Assigns, for the said sums, or for any part therof; That then and so often it shall be lawfull to, and for the said Sir L. his Executors, Administrators, and Assigns, and every of them, to cause the same Distress, or Distresses, to be valued and prised, and according to the said pr [...]sement, to his, or their own use, to retain, or otherwise to [Page 17] sell the same at the will and pleasure of the said Sir L. his Executors, Administrators and Assigns, for the satisfaction and payment, as well of the said Annuity of &c. as of the said five pounds (Nomine poene) and also of the said costs and expences: And the said H. D. hath put the said Sir L. D. in possession and Seisin of the said Annuity, by the delivery and payment to the said Sir L. at the ensealing and delivery hereof of four pence, of &c. And moreover the said H. D. for him &c. covenanteth &c. in form &c. that the said Park, Lands, Tenements, and Hereditaments, out of which the aforesaid Annuity of &c. is limited to be issuing, and every part and parcell therof, shall be from, and after the said twentieth of May An. 1590. for, and during the said term of one and twenty years, from time to time, and at all times, during the said teatm of one and twenty years, when, and as often as the said Annuity of &c. and the said five pounds to be forfeited Nomine poene, if any part therof shall happen to be behind and unpaid, at the place appointed for the payment therof, contrary to the limitation aforesaid; shall be lyable overt and sufficient to the Distress, or the Distresses aforesaid: And that the said Sir L. D. his Executors and Assigns, and every of them shall, and may, from, and after the said twentieth day day &c. for, and during the said tearm of one and twenty years, to the true meaning of these presents, have, receive, and take the said Annuity of &c. without any let, deniall, or interruption, or contradiction of the said H. his Heirs or Assigns, or any of them, or of any other person or persons, by his, or their means, right, title, or procurement: And that he the said H. at the time of the ensealing and delivery of these presents, is seised in his Demesne of Fee, to his, and their own use of such good Estate in Fee-simple, of, and in three parts, in four parts to be divided, of all the said Park, and Grounds, called and known by the name of J. Wood Park as was granted to him and his Heirs, by the Queens Majestie, under Letters Patents, dated at Westminster, and of, and in the fourth part therof, of such good and lawfull Estate as was to him granted and assigned by T. B.: And that he the said H. His Heirs, Executors, or Administrators, shall well and truly pay &c. unto our said Soveraign Lady the Queens Majesty, her Heirs, and Successors, the hundred pound mentioned in the said Letters Patents, according to the limitation and true meaning of the same. In witness &c.
An Annuity granted out of a Lease with good Covenants.
TO all &c. M. H. of H. in the County of M. Widow, late Wife and Executrix of the last Will and Testament of R. H. Esquire, [Page 18] deceased, sendeth greeting in our Lord God everlasting; Whereas I. A. Recitall of the Lease. Clerk, Parson of H. in the County of M. by his Indenture of Lease, bearing date the fourth of February Anno Regni Reginae Eliz. xiij. hath demised, granted, and to Farm-letten unto W. A. of D. in the said County, Esquire, all that the Rectory, or Parsonage of H. with all manner of Houses, Edifices, Barns, Stables, Orchards, Gardens, Glebe Lands, Tithes, Pentions, Portions, Fruits, Offerings, Oblations, Obventions, and all other Rights, Profits, Commodities, Emoluments, and Advantages whatsoever, to the said Rectory, or Parsonage, belonging, or in any wise appertaining, set, lying, being, coming, growing, or renewing, within the Parish or Feilds of H. aforesaid, or elsewhere, within the County of M. except, and alwaies reserved unto the said I. A. and his Successors, during the tearm, in the said Indenture specified, one Chamber next unto the Buttery of the same house, with free ingress, egress, and regress, into, and from the said Chamber, at his and their will and pleasure. To have and to hold the said Rectory, and Parsonage of H. Houses, Edifices, Buildings, Glebe Lands, Tithes, Oblations, Offerings, Profits, Commodities, Emoluments, and Hereditaments, and all and singular other the Premisses with their Appurtenances, except before excepted, unto the said W. A his Executors, and Assigns, from the Feast of the Annunciation &c. then next &c. To hold for 90. years. unto the end and tearm of lxxxx. years, from thence &c. and fully &c. As by the same Indenture of Lease, containing &c. And where also the Reverend Father in God O. B. of L. and Ordinary of the said Church of H. aforesaid, the said I. A. continuing still Parson of H. aforesaid, Confirmation by the Bishops Recitalls. Passages of the Lease. by his Deed dated the twenty sixth of November 1614. and to the said Deed indented, annexed, hath ratified and confirmed the said Deed indented, and all and singular in the same granted, demised, and leased, in manner and form, as in the said Deed of Lease is expressed and contained, as by the said Deed of confirmation plainly doth and may appear: And where also the said W. A. by his Deed dated, An 17. R. Eliz. &c. hath given, granted &c. to I. C. &c. all his Right &c. then to come, of, and in the said Rectory &c. To have &c. as by the said Deed made to the said I. C. also doth appear: And where also the said W. A. by the name of W. A. true and undoubted Portion of the Parish Church of H. aforesaid, by his Deed, dated the second of December 17. R. Eliz. for himself, his Heirs and Assigns, hath ratified and confirmed the said Deed indented of Lease, and all and every thing therin contained, as by the said last mentioned Deed of confirmation &c. And where also the said I. C. by his Deed dated the second of Decem: An. 17. R. Eliz. hath given and granted unto the said W. A. the former recited Deeds, and all his Right &c. to have &c. as by &c. And where also the said W. A. bargained and sold his Interest &c. to W. R. Esquire: And where also by Indenture dated &c. the [Page 19] said R. assigned his Interest in the Premisses &c. to the said R. H. And where T. R. and A. R. have given, granted, bargained, and sold to the said R. H. his Heirs and Assigns for ever, all that the Parsonage and Advowson, Nomination and Gift of the Benefice of Parsonage and Rectory of H. aforesaid with the Appurtenances, and the Inheritance of the same, and all their, and either of their Right, Estate, Title, Interest, and Demand to, and in the same; Together with all manner of Deeds, Escripts, Writings, and Mynements of the said T. and A. or either of them only touching or concerning the said Parsonage, or Rectory, or any other the Premisses, to have and to hold the said Parsonage, Advowson, Nomination, and Gift of the Benefice of the said Parsonage and Rectory of H aforesaid wi [...]h the Appurtenances, and the Inheritance of the same, and all their, and every of their Rights &c. together with the said Deeds &c. to the said R. H. his Heirs and Assigns for ever, to his, and their proper use, as by the said Indenture &c. And where, moreover the said W A. by his Indenture dated &c. hath remised released and for ever, for him and his Heirs, quite claimed to the said R. H. then being in full and peaceable Possession of the Premisses, all the Right, Estate, Title, Interest, Condition, and demands whatsoever that he the said W. A. then had, or thereafter might have, he the said W. nor Heirs &c. as by the said last mentioned Indenture &c. Which said Lease, Interest, and Tearm of years in, and to the said Rectory and Parsonage, and other the Premisses with the Appurtenances, demised or mentioned to be demised by the said first recited Deed indented of Lease, and also the same first recited Deed of Lease, and all Covenants therof, I the said M. H. now have and enjoy, amongst other things, of the Gift, Legacy, and bequest of the said R. H. my late Grant of the Annuity. Husband, as by his last will and Testament made and declared in writing dated &c. Know yee that I the said M. H. for the good will and affection which I have and bear unto my well-beloved Brother M M. of the University of O. Gentleman, and towards the furtherance and better maintenance of his exhibition at the Studies of the Common Laws, or any other faculty or exercise, that he shall, or will follow, or apply himself unto, and for divers other &c. have given, granted, and confirmed, and by these presents do fully &c. unto the said M. W. his Executors, Administrators, and Assigns, one Annuity, or yearly rent of &c. of lawfull &c. by the year, to be yearly going, issuing, and paid out of the said Rectory of H. with the Appurtenances, and out of all and every other the Premisses with the Appurtenances, also out of singular, other Lands, Tenements, and Hereditaments whatsoever, in or by the said severall recited Indentures, Deeds, and Conveyances The Habendum. and every, or any of them demised, granted, or conveyed, or mentioned to be demised; granted, or conveyed, with all and every their Appurtenances; To have, hold, perceive, receive, levy, take, and enjoy [Page 20] the said Annuity, or yearly rent of &c. to the said M. W. his Executors, Administrators, and Assigns, from the Feast &c: unto the end &c. at the daies of the Feasts of &c. or within ten daies next after every of the same Feast-daies, by even portions yearly to be paid at the Mansion house of the said Rectory of H. or at the place where the same house now standeth, the first payment wherof to be made at &c. And I the said M. H. do covenant &c. that I the said M. mine Executors, Administrators, or Assigns, shall, and will well, and truly yeild, and pay, or cause &c. the said Annuity, or annuall rent, and every part and parcell therof to the said M. W. his Executors, Administrators, and Assigns, yearly during the said term &c. on the said Feast-daies of the birth of our Lord God &c. or within &c. by equal portions, at the said Mansion house of the said Rectory.
And further I the said M. do covenant &c. that I the said M. mine Executors, Administrators, or Assigns, shall, and will forfeit and pay unto the said M. his Executors, Administrators, and Assigns, for every default of payment of the said Annuity, or any part or parcell therof to be made, contrary to the form aforesaid, the sum &c. of lawfull &c. in the name of pain, from time to time, during the said tearm &c. And that when, and as often as that shall fortune the said Annuity, or yearly rent, or any part or parcell therof to be behind and unpaid, contrary to the form aforesaid, That then, and so often it shall and may be lawfull to, and for the said M. W. his Executors, Administrators, and Assigns, and every of them, into the laid Rectory, and all and every other the Premisses with their Appurtenances, and into every part &c: to enter and distrain, as well for the said Annuity, and every part therof, and all, and every the penalty and penalties aforesaid, and as the arrearages of the same, or either of them, and the Distress and the Distresses there to be found and taken, lawfully to lead, bear, drive, and carry away, and the same to detain and keep, untill he the said M. his Executors, Administrators, and Assigns, shall be fully paid and satisfied, of, and for the said Annuity and penalty aforesaid, and every part and parcell of them and every of them, and all arrearages of the same, or any of them, together with his, or their costs and damages in that behalf to be sustained.
And also I the said M. do covenant &c. in form &c. viz. That I the said M. at the ensealing and delivery of these presents, am the very true, perfect, and lawfull Owner of the first recited Indenture of Lease, and of all and singular the Premisses therby demised, or mentioned to be demised, for all the whole tearm and residue of the said tearm of &c. in the said Indenture of Lease mentioned, and yet to come, and not expired: And have full power, good right, lawfull authority to give and grant the said Annuity, or yearly rent &c. to the said M. his Executors, and Assigns, for, and during the said tearm &c. in manner [Page 21] and form aforesaid. And that the Premisses, and every part and parcell; and also the said first recited Indenture of Lease, and every thing contained therin, now are, and from henceforth shall, and may from time to time, and at all times hereafter, during the said tearm &c. remain and continue, free and clearly discharged, exonerated, or otherwise by me the said M. mine Executors, Administrators and Assigns, suffer, defend, and save harmless, of, and from all, and all manner of Grants, Bargains, Sales, Alienations, Surrenders, Forfeitures, Rentries, cause, and causes of Forfeiture or Rentry, and of, and from all other Charges and Incumbrances whatsoever, had, made, or done, or that shall, or may in any wise be hurtfull or prejudiciall to the said M. his Executors &c. for, or concerning the said Annuity, or yearly rent, or any part, or parcell therof, or for, or touching the said liberty or power of distraining in the Premisses, or any part therof, for any manner of Arrerage or Arrerages, of the said Annuity, or any part therof, or for any manner of sum, or sums of money to be forfeited Nomine poene, as aforesaid.
And also that I the said M. mine Executors, Administrators, or Assigns, shall, and will from time to time, and at all times hereafter, during the said tearm &c. upon reasonable warning and request, shewing the said Originall Lease, Deeds of confirmation and mean Conveyances above recited or mentioned, in force, safe, and uncancelled without fraud &c. in any Court, or Courts at Westminster, or elsewhere, when, and as often as need shall require, for the necessary maintainance and defence of this present Grant, of the said Annuity, or any other matter or thing in these presents contained or mentioned.
And further know yee that I the said M. have delivered to the said M. at the ensealing and delivery hereof, one currant Groat of Silver, for, and in the name of the first payment of the Annuity abovesaid. In witness &c.
A Grant of an Annuity during the Grantees life, charging only the Grantors person.
THis Indenture made &c. 27. of Octo. An: R. R. Eliz. 23. Between &c. Witnesseth, that the said N. H. for, and in consideretian of the sum of 300. l. of &c. to him in hand, before the ensealing and delivery hereof, clearly given and paid by th [...] said E. M. wherof &c. hath given and granted, and by these presents for him the said N. his Heirs, Executors, and Administrators,, doth give and grant unto the said E. M. one Annuity of lxiij l. xvj s. vj d. of lawfull &c. by the year, [Page 22] To have, perceive, receive, take, and enjoy the same Annuity of lxiij l. xvij s. vj d. to the said E. M. and his Assigns, from henceforth for, and during the tearm of the naturall life of the said E. the same Annuity to be yearly paid to the said E. or his Assigns, during the life of the same E. at, or in &c. at four equall payments in every year, in manner and form following: That is to say, on the four and twentieth day of December, between the hours of &c. fifteen pounds nineteen shillings and four pence half-penny; on the twenty forth day of March, between the like hours &c. other fifteen pounds nineteen shillings four pence half-penny, on the twenty third day of June, between the like hours &c. other fifteen pounds nineteen shillings four pence half-penny, on the twenty eighth day of September, between the like hours &c. other fifteen pounds nineteen shillings four pence half-penny: The first payment to begin and to be made on the twenty fourth day of December, next ensuing &c. between the said hours of &c. And so from thenceforth to have, continue, and yearly to be paid to the said E. M. or his Assigns, during the naturall life of the said E. every year, upon the said daies, and between the said hours, and at the place aforesaid. And the said N. H. covenanteth &c. that he the said M. his Heirs, Executors, Administrators, or Assigns, shall and will, from henceforth yearly, and every year, by, and during all the said tearm of the naturall life of the said E. well and and truly satisfie, content, and pay, or cause &c. unto the said E. or his Assigns, the said Annuity of &c. and every part and parcell therof, in manner and form aforesaid, according to the tenor, purport, limitation, and true meaning of these presents. And also the said N. H. covenanteth &c. That he the said N. H. shall & will at the now dwelling house of the said N. H. satisfie &c. at or before the end and expiration of six months next ensuing &c. deliver, or cause &c. unto the said E. or his Assigns, one sufficient Deed, Obligation, wherin the sayd N. H. and one able and sufficient Surety with him shall stand bound unto the said E. in the sum of five hundred pounds of &c. with a Condition therupon, endorsed for the true performance of all and singular the Covenants, Grants, Articles, Agreements in these presents contained, which on the part and behalf of the said N. his heirs, Executors, or Administrators, or any of them, are, or ought to be performed, according to the same meaning of these presents, upon the delivery and receipt of which Deed, Obligation, in form aforesaid, the said E. covenanteth &c. to re-deliver and yeild up unto the said N. H. or his Assigns, to be cancelled, one Deed, Obligation of five hundred pounds of the date of these presents, wherein the said N. standeth bound to the said [...] for the true performance of the said Covenants herein contained, and on the behalf of the said N. or his Assigns, to be performed: And further the said N. H. covenanteth &c. That if he the said N. shall depart this present life, and the said E. M. [Page 23] shall survive and over-live the same N. that then the Heirs, Executors, Administrators, or Assigns, of the said N. shall within three months next after such decease of the said N. well and truly deliver, or cause &c. to the said E. or his Assigns, at the said now dwelling house of the said N. in W. aforesaid, one good and sufficient Deed, Obligation, wherin, and wherby one good able and sufficient Surety shall stand bound to the said E. in the sum of five hundred pounds, of &c. with a Condition therupon endorsed, for the true payment of the said Annuity to the said E. and his Assigns, from thence-forward, yearly during the life of the said E. in manner and form aforesaid.
Provided alwaies, and it is fully covenanted, granted, concluded, condescended, and agreed by, and between the said N. and E. for them, their Heirs, Executors, Administrators, and Assigns, and every of them. And the said E. M. covenanteth &c. that if the said E. shall mislike either the Surety which shall be contained in the said Deed, Obligation, which the said N. hath before these presents, covenanted to deliver, or cause &c. to the said E. at, or before the end of six months, next ensuing the date hereof, or the Surety which shall be contained in the said Deed, Obligation, to be in form aforesaid delivered, by the Heirs, Executors, Administrators, or Assigns of the said N. to the said E. or his Assigns, within three months after the decease of the said N. And shall signifie or declare the cause of such his misliking▪ at the said now dwelling house of the said N. in W. aforesaid, either to the said N. at, or before the expiration of the said six months, next ensuing the date hereof, or to the Heirs, Executors, or Administrators of the said N at, or before the end of the said three months, next after the day of the decease of the said N. And that then if the said N. his Heirs, Executors, Administrators, or Assigns, or any of them, do pay, or cause &c. to the said E. or his Assigns, the sum of three hundred pounds of &c. either on the second day next after the end of the said six months, next ensuing the date hereof, between the hours of &c. of the same second day at or in &c. or else on the second day next after the expiration of the said three months, next after the decease of the said N. between the like hours in the afternoon of the same last mentioned second day, at the place last specified: That then immediatly upon full payment, had and made, of the said sum of three hundred pounds, in manner and form aforesaid; The said Annuity of &c. by these presents granted: And all and singular the Covenants, Grants, Articles, and Agreements herein contained on the behalf of the said N. his Heirs, Executors, or Administrators, or any of them, from thenceforth to be observed and performed, and all Bonds and Obligations whatsoever made, or to be made by the said N. or any other person or persons, for performance of the same Covenants, or any of them, shall cease, clearly determine, and be utterly void, frustrate, and of no force [Page 24] and effect in the Law: And that then also the said E. or his Assigns, shall, and will immediatly upon full payment had, and made of the said sum of three hundred pounds, in manner and form aforesaid re-delivered, or cause &c. to the said N. his Heirs, Executors, Administrators, or Assigns, this present Deed indented, under the hand and Seal of the said N. and all the said Bonds, Obligations made, or to be made as aforesaid, to be cancelled; these presents &c, And moreover the said E. M. covenanteth &c. that he the said E. and his Assigns, upon the receipt of every payment of the said Annuity to him, or them hereafter to be made, according to the tenor and true meaning of these presents, shall and will upon request therfore to be made, deliver a Deed under his, or their hand and Seal to the said N. his Heirs, Executors, Administrators, or Assigns, plainly testifying and reporting the same receipt and payment, from time to time, so often as the said E. or his Assigns shall receive any such payment. In witness &c.
A Grant of an Annuity out of a Lease by will, continuable for life, if the Lease so long indure.
ITem, I will also and bequeath unto the said E. P. my Wife, one Annuity, or annuall rent of one and thirty pounds of lawfull &c. to be yearly paid unto her, or her Assigns, by my said Executors, at the usuall Feast of Saint Michael &c. and of the Annunciation &c. by even portions, by, and during all such time as my Grand Lease of the Scit. and Demesnes of the Mannors of Hatfield now in mine own possession and occupation, or in the possession and occupation of my Assigns, and granted unto me by our said Soveraign Lady the Queens Majesty, under the great Seal of England, shall happen to endure and have continuance, if she the said E. P. shall so long live, the first payment therof to begin at such of the said Feasts as shall first happen, and follow next after the day of my decease.
A Grant of an Annuity with the Inheritance of Land assured for the same by a Recovery and a Fine.
THis Indenture &c. Between the Right Honourable H. Earl of H. and the Right Honourable K. Countess of K. now his Wife, on the one party, and I. S. Citizen and Clothworker of L. and A. his Wife, on the other party; Witnesseth, that the said Earl, for, and in consideration [Page 25] of the sum of three hundred pounds of &c. wherof &c. hath given and granted, and by these presents doth give and grant, for him, his Heirs, Executors, and Administrators, to the said J. and A. his Wife, one Annuity of five hundred pounds of &c. by the said Earl, his Heirs, Executors, Administrators or Assigns, from henceforth yearly to be paid to the said I. E. and A. and their Assigns, and to the Survivors of them, and to the Assigns of the Survivors of them, by, and during all the term of the naturall lives of the said I. and A. and the naturall life of the longest liver of them, at the North-gate at the now building Scituate in the City of L. commonly called the Royall Exchange entring into the place there commonly used for the meeting of Merchants, at two equall payments in every year, in manner and form following: That is to say, on the twentieth day of November, between the hours, of &c. two hundred and fifty pounds, and on the twentieth day of May, between the like hours of &c. two hundred and fifty pounds, The first payment therof to begin and to be made on the twentieth day of November, next coming, and so from thenceforth to have continuance, and yearly to be paid to the said I. and A. and to the longer liver of them, and their Assigns, and the Assigns of the longer liver of them, every year upon the said daies, and within the said times, and at the said place, during the naturall lives, of the said I. and A. and the naturall life of the longest liver of them: And for the said consideration, and for a good and certain Surety and assurance to be had and made to the said I. and A. his wife of, and for the said Annuity and yearly payment of five hundred pounds, to them, and to the Survivor of them, and their Assigns, and the Assigns of the Survivor of them well and truly to be made every year, during the naturall lives, and during the naturall life of the longer liver of them, according to the tenor and true meaning of these presents. The said Earl for himself, his Heirs, Executors, and Administrators, and every of them: And A Covenant to suffer a Recovery. for the said Countess his wife, doth covenant, grant and agree, to, and with the said I. and A their Executors▪ Administrators, and Assigns, and every of them by these presents; That he the said Earl, and the said Countess his wife, before the last day of November now next coming shall, and will permit and suffer the said I: and A. at the costs and charges in the Law of the said I. and A. lawfully to recover against the said Earl and Countess by Writ of Entry, Sur-disseisin, with Voucher, or Vouchers, after the order and course of common Recoveries, the Mannor of A. with the Appurtenances, in the County of S. and all that More called a More, with all the Appurtenances therof in the same County, and all the Messuages, Lands, Tenements, and their Appurtenances, now or late parcell of the late Chantery of &c. with the Appurtenances, and all and singular Messuage, Lands, Tenements, Rents, Reversions, Rights, Patronage of Churches, Franchises, Liberties, Jurisdictions, [Page 26] Priviledges, and Hereditaments whatsoever, esteemed, reputed, used, demised or taken, as part, parcell, or member of the said Mannor of A. or as any part of the said More called &c. And all and singular Mannors, Messuages, Lands, Tenements, Rents, Reversions, Services, and Hereditaments whatsoever, which the said Earl and Countess have, or either of them hath, or at any time had in the Towns, Feilds, Parishes, and Hamlets, of A. or within the said More, called &c. in the said County of S. And also the said Earl and Countess shall likewise permit and suffer the said I. and A. lawfully to recover against the said Earl and Countess by another Writ of Entry Sur-disseisin, with Voucher or Vouchers, after the order &c. ut paid, all that the Mannor of B. with the Appurtenances in the County of C. And all and singular Messuages ut predict. And all and singular Rights, Liberties, Priviledges, Courts, Leets, View and Viewers of Franck-pledge, Franchises, Commodities, Profits, Rents, Services, and Jurisdictions whatsoever, that the said Earl and Countess, or either of them hath, or lawfully might have, of, or in the said Mannors, and other the Premisses, or of, or in any part or parcell of them, or of any of them: And that all the said Recoveries shall be in due form of Law lawfully executed; And moreover, that as well the said Earl, and the said Countess now his wife, at the costs and charges of the said I. in the Law only, A Covenant to levy a Fine. before the last day of November, now next coming as aforesaid, shall, and will by Fine in due form of Law to be levied with proclamation, according to the Statute in that behalf provided, convey, and assure unto the said I. and A. and to their Heirs, or to the Heirs of one of them, all the said Mannors, and all other the Premisses, with all, and singular their Appurtenances, with Warranty of the said Earl and the said Countess his wife, and of the Heirs of the said Earl, of all the Premisses to the said I. and A. and to the Heirs of the said I. against all men. As also that after the said Fine had, and Recoveries executed Sir G. H. Knight, brother of the said Earl on and before the twenty fourth day of June, which shall he An: Dom: 1557. at the coste and charges in the Law only of the said I. or A. or of their Assigns, shall, and will by Fine with proclamation, according to the statute in due form, by him the said Sir G. to be levied, granted, and released to the said Earl and his Heirs, all, and singular the Premisses, with warranty of the same to the said Earl and his Heirs, against him the said Sir G and his Heirs, according to the usuall manner of Fines: And it is condescended, concluded, and agreed between the said parties, that as well the said Fine of the said Earl and Countess, and the said Recovery and Recoveries so to be had, and executed as aforesaid: As also The Ʋses. the said Fine of the said Sir G. H. and all other Fine and Fines, Recovery and Recoveries, Assurance, and Assurances, whatsoever specified, or mentioned, in these presents, shall be to the uses, intents, and purposes [Page 27] hereafter expressed in these presents, and to none other use, or uses, intent or purpose; That is to say, to the use and behoof of the said Earl, and his Heirs, untill default of payment shall be made of the said Annuity granted by these presents, or of some part therof, contrary to the form, tenor, and effect of these presents: And after default of payment of the said Annuity, or any part therof, contrary to the form, tenor, and effect of these presents: Then to the only use and behoof of the said I. and A. and of the Heirs and Assigns of the said I. absolutely without any manner of Condition, and to none other use, or intent whatsoever: And that then also and from thenceforth, all and every petson, or persons, seised, or to be seised of the Premisses, or any part therof, shall therof, and of every part therof, stand and be seised to the only use and behoof, and of the Heirs and Assigns of the said A. for ever; And that then the said Earl, his Heirs, and Assigns, within six months next after any default of payment made, shall, and will safely deliver, or cause &c. to the said I. his Heirs and Assigns, at the now Mansion house of &c. All, and singular such Deeds, Charters, Evidences, Court-Rolls, Books of Survey, Terriors, Escripts, Writings, and Minements, concerning the Premisses only, or only any part therof, as the said Earl now hath, or which he or his Heirs then shall have, or without Suit in Law may then get, or come by. And the said Earl, for him, his Heirs, Executors, and Administrators, and every of them, doth covenant, and grant to, and with the said I. and A. his wife, and the Heirs, Executors, Administrators, and Assigns of the said I. by these presents, in form &c. That he the said Earl, and the said Countess, now are the very true perfect and rightfull Owners of all, and singular the said Mannors, Messuages, Lands, Tenements, Rents, Reversions, A Covenant that the Grantors are seised. and Hereditaments, and of all, and every other the Premisses, with all and singular the Appurtenances: And that the said Earl, and Countess at the time of the said Recoveries so to be had, as is aforesaid, shall stand and be seised of the said Mannors &c. of a good perfect and sufficient Estate of Free-hold, with the Fee-simple therof in the said Earl; And that the said Earl at the time of the said Fine, to be levyed by the said Earl, and the said Countess, shall stand and be seised of the said Mannors and other the Premisses, in Fee-simple, according to the use therof before limited to the said Earl: And that the said Mannors, Messuages &c. shall from, and after default of payment of the said Free from Incumbrances. Annuity, or any part therof, stand and continue for ever clear, and free discharged, exonerated, and acquit [...]ed, or otherwise by the said Earl, or his Heirs, from time to time, and at all times sufficiently saved harmless, of, and from all and singular former Grants Bargains, Sales, Leases, Charges, Estates, Titles, Fine and Fines, for license of Alienation by the said Recoveries and Fines aforesaid, and by every, or any of them (if any be done) and all other Incumbrances whatsoever, the [Page 28] chief Rents and Services to be due and payable to the chief Lords of Except Leases and Estates by Copy. the Fee, or Fees, of the Premisses in respect of their Seigniories only, and one Lease for the tearm of sixty years, made by the said Earl to one I. W. Esquire, by Indenture, dated 26. Febr. An. 9. Eliz. of all that the Scituation of the Mannor of A. and of the Mansion house called A. Court, and of other Lands mentioned in the said Lease, and of all Leases for tearms of one and twenty years, or under, or for the tearm of life, or lives not exceeding three lives by the said Earl, or any of his Ancestors heretofore made, or granted, and hereafter by the said Earl, or his Heirs to be granted and made, during the time that the said Earl and his Heirs, or Assigns, shall well and truly pay the said Annuity of five hundred pounds, according to the tenor, purport, and true meaning of these presents, above declared and expressed: And all Estate by Copy of Court-Roll, heretofore had, made, or granted as aforesaid, or to be had, made, or granted as aforesaid, of the Premisses, or of any part therof, upon all, and every which said Leases, Estates, and Copies, the old accustomed Rents, and Services are, and shall be reserved, and from henceforth shall be due and payable to the Owners of the Reversion, and Reversions of the same, during the severall Term and Estates therof aforesaid (only except.) And further, that if it do fortune that the said Annuity and yearly payment of five hundred pounds aforesaid, and every part therof, be not well and truly paid and contented to the said I. and A. and the Are worth 500 l. per annum. Survivors of them, or their Assigns, in manner and form aforesaid: That then, and at all times default made in payment therof, or of any part therof, contrary to the form aforesaid; The said Mannors and other the Premisses shall be, and continue for ever, unto the said I. and A. and to the Heirs and Assigns of the said I of the clear yearly rent and value of three hundred pounds of &c. over and above all yearly Charges and Reprises: And that the Premisses have been by the space of sixty years last past, of the said clear yearly rent and value of three hundred pounds over and above all Charges and Reprises: And To hold and enjoy. that then also and from thenceforth, the said I. and A. and the Heirs and Assigns of the said I. shall, and may lawfully and quietly have, hold, occupy, and enjoy, all, and singular the said Mannors, Messuages, Lands, Tenements, Rents, Reversions, and Hereditaments, and all, and singular the Premisses with their Appurtenances, and shall, and may also lawfully and quietly have, take, perceive, receive, and enjoy all, and singular the Rents, Issues, Revenues, and Profits therof, and every part therof, from thenceforth to, and for the only Commodity, use, and behoof of the said J. and A. and of the Heirs and Assigns of the said J. for ever: And further that the said Earl, or his Heirs, at, or before the first day of June, which &c. 1573. shall, and will deliver, or cause &c. to the said J. and A. and to the Survivors of [Page 29] them, at the now dwelling house of &c. one Book of a plain and perfect A Covenant to deliver a Survey of the Lands. Survey of all, and singular the said Mannors, Messuage, Lands, Tenements, Rents, Services, and Hereditaments, and of all other the Premisses with their Appurtenances, containing and expressing the names of the Tenants, Occupyers of Land, and their Estates, and the yearly rents plainly and legibly written; The same to be done and made at the costs and charges of the said Earl, his Heirs, or Executors; And also the true Copies of all the Evidences, Charters, and Minements which the said Earl now hath, or without Suit in the Law, can get, or come by, touching or concerning the Premisses, or any part therof, to be legibly and plainly written, and then and there to be examined with their Originalls, by the said I. or such other as the said J. or A. shall therunto name and appoint, and the charges of the writing of the said Copies of all the said Evidences &c. then to be allowed, and paid by the said I. and A. his wife, the said Book of Survey, and the Copies of the said Evidences to be received by Indenture. And that the said I. S. and A. his wife, for themselves, their Executors, and Administrators, and every of them, do covenant and grant to, and with the said Earl, his Heirs, Executors, Administrators, and Assigns, and every of them, by these presents; That he the said J. and A. his wife, and their Assigns, upon the receipt of every payment of the said Annuity, to them, or any of them hereafter to be made, according to the tenor and true meaning of these presents, shall, and will upon request therfore to be made, deliver a Writing under their hand, plainly testifying and reporting the same receipt and payment, from time to time, so often as the said J. or A. or their Assigns shall receive any such payment: And that if the said yearly payment be from time to time, duly made to the said J. and A or their Assigns, during their lives, and the life of the longer liver of them, in form aforesaid, that then the Executor or Administrator of the Survivors of the said J. and A. upon any reasonable request to them, or any of them in that behalf to be made, shall, and will well and safely re-deliver, or cause &c. the said Book of Survey, with the said Copies of the said Evidences, Charters, and Minements unto the said Earl, or his Heirs, or to such person, or persons, as in the name of the said Earl, or of his Heirs, shall require, or demand the same.
Provided alwaies that if the said Earl, his Heirs, Executors, or Administrators, shall happen not to make true payment of the said Annuity, or yearly rent of &c. to the said J. and A. and to the longer liver of them, according to the tenor and true meaning above in these presen [...]s expressed and declared: But shall fail and make default in payment of the same, or any part therof, at the daies, times, and place above limitted for the same, so that the said J. and A. and the Heirs of the said J. by reason of the same default for quiet enjoying, then shall, [Page 30] or lawfully may from thenceforth possesse, enjoy, perceive and take the Rents, Revenues, issues, and profits of the premisses according to the intent, purpose and true meaning above expressed and declared in these presents, That then the said annuity or yearly payment by these presents above granted to the said I and A. shall cease, determine, and be no longer payd.
And further the said Earl for him, &c. Covenanteth with the said J. S. his Heirs, Executors, and Administrators; by these Presents, that he the said Earl, his Heirs, and all, and every other person and persons (other then such Leases and Coppy-holders, as aforesaid, to claim only for their said Leases, Estates, and Interests above excepted, which shall have or lawfully shall claim to have any Estate, Right or Interest, of, in, or to the said Mannors, and other the premises with their Appurtenances, or any part thereof, by, from, or under the Estate of the said Earl; at all times during two years, next after any default made in payment of the said Annuity to the said I. & A. or either of them contrary to the Tenor and true meaning of these Presents, At and upon the reasonable request, and at the costs and charges in the Law only of the said I. and A. or of the Heirs and Executors of the said I. shall and will, do knowledge, and suffer, and cause &c. All and every such lawfull and reasonable Act and acts, thing and things, A Covenant for further assurance. as the said I. and A. and the Heirs and assigns of the said I. or any of their learned councill in the Law, shall lawfully Demise or advise for the further assurance, Surety, Convenience, and sure making of all and singular the said Mannors with their appurtenances, and all and every other the premisses, to be had, conceived, and made sure to the said I. and A. and the heirs and assigns of the said I. for the only use and behoof of the said I. and A. and of the heirs and assigns of the said I. for ever, absolutely without any manner, Condition or Defeaseance whatsoever, provided alwaies and it is concluded and agreed Power to make Leases. by and between the said parties to these presents, for themselves their heirs and assigns. That if the said Earl or his heirs or assigns, during the time as he, or they or any of them shall well and truly pay the said annuity of, &c. to the said I. and A. and to the survivors of them in form aforesaid, do make and grant Lease and Leases by Indenture for years or estates by coppy of Court-Roll, according to the severall customs of the said Mannors to any person or persons of the Scituation or Scituations of the said Mannors, and of any Lands or Tenements aforesaid, or of any part or parcell of the said Lands or Tenements; So alwaies as upon every such Lease or Leases, Estate or Estates there be reserved the accustomary yearly Rents and Services of the Lands and Tenements, so to be leased or granted to be paid and done yearly to the owners of the Reversion thereof, during the continuance of every such grant, Lease, and Estate. And so that no such Lease or Estate [Page 31] be made without impeachment of wast, or for any longer tearm then the term of one and twenty years to commence within two years at the furthest, next after the granting thereof, or for three lives or fewer in possession, and so as any such Lease do not bind or charge the Owner of the Reversion, with the Reparations of any Buildings, or other thing by such Lease to be granted; That then the said Recovery and Recoveries, Fine, and Fines, and all other Conveyances, and Assurances above specified, shall be to the uses and behoofes of any such Leases and Copyholders, and to their Tearm and Estates abovesaid, under, and upon the Reservations, as is aforesaid. In witness &c.
A Grant of an Annuity out of Land for tearm of life.
THis Indenture &c. Witnesseth, that the said R. F. in consideration &c. hath given and granted, and by these presents doth give and grant to the said J. C. one Annuity, or yearly rent of 22 l. of lawfull &c. to be yearly issuing out of all that the Mannor of the said R. with the Appurtenances, in the County of N. called the Mannor of W. To have perceive, take, and receive the said Annuity, or yearly Rent of two and twenty pounds, to the said I. C. and her Assigns from henceforth, for, and during the tearm of the naturall life of the said I. the same Annuity, or yearly Rent, to be yearly paid to the said I. or her Assigns, during the life of the said I. at the now Mansion house &c in the dayes of the Feasts &c. or on the eight and twentieth day next after every of the same Feast-dayes, between the hours &c: by even portions; The first payment therof to begin on the Feast of the Annunciation of &c. next coming &c. or on the eight and twentieth day then next ensuing, and so from thenceforth to have continuance, and to be paid to the said I. or her Assigns, at such times, and in such manner and form as aforesaid, yearly during the naturall life of the same J. And if it happen the said annuity, or yearly Rent of &c. or any part, or parcell therof to be behind and not paid to the said J. or her Assigns, according to the tenor and purport of these presents, at any time, during the naturall life of the said J. That then for every such default of payment therof, or of any part therof, the said R. his Heirs and Assigns shall forfeit, and loose to the said J. her Executors, and Assigns, five pounds for, and in the name of a pain: And that then and at all times, so often as any such default shall happen, from thenceforth it shall and may be lawfull to, and for the said J. C. her Executors and Assigns, into the said Mannor of W. with the Appurtenances, and other the Premisses, and into all and any part therof to enter and distrain, as well for the said annuity and yearly Rent, and all Arrearages [Page 32] therof, as also for all, and every pain and pains aforesaid so to be forfeited as foresaid, and all arrearages therof, and all and every Distress and Distresses in the Premisses, or any part therof to be found, lawfully and quietly to take, lead, bear, drive, and carry away, and with them to hold and keep, untill of the said yearly Rent, and pain, and pains aforesaid, and all arrearages therof, together with all their costs and damages in that behalf to be sustained, they shall be paid and satisfied; and the said R. F. for him &c. doth covenant &c. in manner and form &c. That the said Mannor of W. with the Appurtenances, shall be, and continue all times chargable and lyable to all and every the Distress, and Distresses of the said I. and her Assigns, according to the purport and intent of these presents, there to be had and taken at any time, for default of payment of the said annuity, and pain, and paines aforesaid, to be forfeited, as as aforesaid, or any part therof.
And also that during the naturall life of the said I. the said Mannors and other the Premisses shall be contented of the clear yearly value of six and twenty pounds of &c. over and above all Reprises: And that he the said R. F. now is the very true, perfect, lawfull, and sole Owner of the said Mannor of W. with the Appurtenances, and of every part and parcell therof, a good lawfull and sure Estate of Inheritance in Fee-simple, or Fee-tail, generally to his own onely use.
And moreover that the said R. F. and his Heirs, if it shall be found hereafter that the assurance of the said Annuity by these presents made shall not be a full and sufficient assurance therof to the said J. C. in form aforesaid; That then upon notice therof given and request made to the said R. or his Heirs, by the said J. or her Assigns: The same R. or his, shall at their own costs and charges in the Law, make all such further assurance to the said J. of the said Annuity, for the tearm of her naturall life only as by her, or her learned Councill, shall be lawfully, and reasonably demised, advised, and required. In witness &c.
A Grant of an Annuity to a Man and his Wife for their lives, issuing out of Land with very good Covenants.
THis Indenture made An. 4. R. Elizabethae, &c, between Sir S. M. of E. in the County of C. Knight on the one party, and R. K. Citizen and Goldsmith of L. and S, his Wife on the other party, witnesseth that the said Sir S. M. for a certain competent summe of lawful &c. to him before hand paid by the said R. E. hath given and [Page 33] granted, and by these presents for him, and his Heires, doth give, grant, Grant. and confirme to the said R. E. and S. his wife one Annuity, or yearely Rent of four score pound of, &c. to be going and issuing out of the Mannors of E. D. and B. in the said County of C. and great M. in the said County of W. to have, hold, levy, and yearly perceive, receive, take and enjoy the said Annuity or yearly Rent of four score pound to the said R. F. and S. his wife and their Assigns, from the last day of September next ensuing the date hereof, for, and during the terme of the natural lives of the said R. and S. and the term of the natural life of the longer liver of them; the same annuity or yearly rent to be yearly paid to the said R. and S. and the Survivors of them and their Assigns during the longer liver of the same R. and S. and the life of the longer liver of them at the place where the Font stone standeth within the Temple Church in the Suburbs of the City of L. on the 22th. day of November, and the two and twentieth day of June. between the the hours of one and three of the clock in the after noon of every of the same several dayes yearly by even and equal portions, the first payment thereof to begin, and to be made on the two and twentieth day of November next coming; And if it shall happen the said Annuity or yearly rent of eighty pound, or any part thereof to be behind and not paid to the said R. E. and S. his wife or their assigns, according to the tenor and purport of these presents at any time during the lives of the said R. and S. or the life of the longer liver of them, that then for every such default of payment thereof, or of any part thereof, the said Sir S. M. his heirs or assigns shall forfeit and loose to the said R. and S. and the survivors of them, their executors and assigns &c. of lawful, &c. for, and in the name of a paine: and that then at all times, and so often as any such default shall happen from thence forth, it shall, and may be lawful to, and for the said R. and S. and the Survivor of them and their executors and assigns, into all and every the said Mannors, Messuages, Lands, Tenements, and Hereditaments or any part thereof to enter and distrein as well for the said annuity and yearly rent, and all arrerages thereof, as also for all and every paine and paines aforesaid, so to be forfeited as aforesaid, and all arrerages thereof, and and every distress vnd distresses in the premises, or any part thereof to be found lawfully and quietly to take, lead, beare, drive, aqd carry away, and them to hold and keep untill all of the said yearly rent and paine and paines aforesaid so to be forfeited as aforesaid, and all arrerages thereof together with all their costs and damages in that behalf to be susteined, they shall be paid and satisfied; and that if every such distress and distresses so to be taken as is aforesaid shall not (from time to time so often as any such shall be taken) be redeemed from the said R. and S. and the Survivor of them, their Executors and Assigns within the space of ten daies next after the [Page 34] taking thereof, that then it shall, and may be lawful to, and for the said R. S. and the Survivors of them and their assigns to make sale of all and every such distress and distresses, as aforesaid, and thereof to have, leavy, and to enjoy the arrerages of the said yearly rent and payments of the paine and paines aforesaid forfeited, as aforesaid, without molestation, impeachment, or vexation of any person, or persons whatsoever: and the said Sir S. M. for him, his heirs, executors, administrators and assigns, and every of them doth Covenant and Grant, to, and with the said R. E. and S. and the Survivor of them, their executors, administrators and assigns, and every of them by these presents in manner following. That is to say, That he the said Sir S. M. now at the time of the insealing and delivery of these presents, is, and standeth lawfully and solely seised of a good, perfect, sure, and absolute state in the Law in possession in his demesne, as of Fee-simple without any condition to the only use of himself and his heirs, of, and in the said Mannors of E. D. and B. with their appurtenances in the County of C. and of the said Mannor of great M. with the appurtenances in the County of W. And if during the life of the longer liver of the said R. and S. the said Mannors with the appurtenances in the County of W. shall be and continue the said Sir S. M. his heirs and assigns of the clear yearly value of fifty pound of lawful, &c. or above beyond all charges and reprises; and that also during the same time the said Mannors with the appurtenances in the County of C. shall be, and continue to the said Sir S. his heirs and assigns of the clear yearly value of one hundred pound of &c. or above, beyond all charges and reprises: And the said Mannors, Messuages, Lands, Tenements and Heredita. and all other the premises with their appurt. and heredita. and every part thereof situate lying, or being within the said Counties of C. and W. or either of them during the natural lives of the said R. and S. and the life of the longer liver of them from time to time shall be, and stand liable, chargeable, and sufficient to all and every the distress and distresses of the said R. and S. his wife, or either of them, their assigns, and the assigns of either of them so often as any occasion of distress shall be given to them, or any of them by the true meaning of these presents. And further, that the said Mannors, Messuages, Lands, Tenements, and Hereditaments, and all and singular other the premises with their appurtenances now are, and during the life of the longer liver of the said R. and S. shall be, and stand clearly discharged and acquitted, or otherwise sufficiently saved harmles of, and from all singular Grants, Titles, States and Encombrances whatsoever, which contrary to the intent and true meaning of these presents, shall, or may barr, avoid, prejudice, or hinder the said R. E. and S. or either of them, or their assigns, or the assigns of either of them, to have, take, and perceive, receive, levy, distrain for, and enjoy the said Annuity and yearly [Page 35] Rent, or any part therof, and the pain, or pains aforesaid, or any part therof (if any such happen to be forfeited.) And moreover that the said R. and S. during their lives, and the longer liver of them, during his, or her life, shall be well and truly contented and paid the said Annuity or yearly Rent of thirty pounds, and every part therof, according to the intent and and true meaning of these presents, without any Fraud or Covin. And the said R. E. for him his Executors and Administrators, doth covenant and grant to, and with Sir S. M. his Heirs, Executors, Administrators, and Assigns, and every of them by these presents; That if the said Sir S. his Heirs, Executors, Administrators, and Assigns, and every of them, do well and truly hold, observe perform, fulfill, and keep, all and singular Covenants, Grants, and Articles abovesaid, for the part of the said Sir S. his Heirs, Executors, Administrators, and Assigns to be holden, fulfilled, performed, or kept; That then one Recognizance, or Writing, Obligatory, bearing the date of these presents, knowledged before the Lord Mayor of the City of Y. according to the form prescribed by the Statute of late made and provided, for recovery of Debts wherin the said Sir S. and C. M. Esquire, Son and Heir apparant of the said Sir S. do stand bound to the said R. E. in the sum of eight hundred pounds, shall be clearly void and frustrate, or else the same Recognizance, or Writing Obligatory, to stand and abide in all his force, effect, strength, and virtue, any thing in these presents specified or contained, to the contrary therof in any wise notwithstanding. In witness &c.
An Annuity granted for two lives, with the Inheritance of Land assured to the payment thereof.
THis Indenture &c. Between R. I. and W. I. &c. on the one party, Vide a Lease depending upon this Grant, fol. and E. S. and A. his wife on the other party; Witnesseth, that the said R. and W. for, and in consideration of the sum of &c. wherof &c. have given and granted, and by these presents for them, their Heirs, Executors, and Administrators, do give and grant to the said E. S. and A. his wife, one Annuity of a hundred pounds &c. by the said R. and W. their Heirs, Executors, Administrators, or Assigns, or by some of them from henceforth yearly to be paid to the said E. and A. and their Assigns, and to the Survivors of them and the Assign of the Survivor of them, by, and during all the tearm of the naturall life of the said E. and A. and the naturall life of the longer liver of them, at, or within the tendring house &c. or at the place where the said tendring house now standeth, at two equall payments in every year, in [Page 36] manner and form following; viz. On the eight and twentieth day of October, between the hours of &c. fifty pounds, and on the eight and twentieth day of April, between the like hours in the after-noon of the same day, fifty pounds; The first payment therof to begin and to be made on the eight and twentieth day of October next &c. and so from thenceforth to have continuance, and yearly to be paid to the said E. and A. and the longer liver of them every year, upon the said daies, and within the said times, and at the said place, during the naturall lives of the said E. and A. and the naturall life of the longer liver of them: And for a good and certain assurance and surety to be had and made to the said E and A. his wife, of, and for the said Annuity and yearly payment of a hundred pounds, to them and to the Survivor of them, well and truly to be made every year, during their naturall lives, and during the naturall life of the longer liver of them, according to the tenor, effect, and true meaning of these presents: The said R. J. hath given, granted, bargained, and sold, and by these presents doth clearly and fully bargain and sell unto the said E. and A. his wife, and to their Heirs, and Assigns, all that the Mannor &c. and all that the Mannors &c. and all and singular Messuages, Lands, Tenements, Woods, Under-woods, and Hereditaments to the said Mannors &c. and all and singular Courts &c. and all the Right &c, to have and to hold the said Mannors, Messuages &c. to the said E. and A. his wife, their Heirs and Assigns, to the only use of the said E. and A. their Heirs and Assigns: And the said W. I. hath given &c. unto the said E. and A. his wife, and to their Heirs and Assigns, all and singular Mannors, Messuages, Lands, Tenements, Woods, Under-woods, Rents, Reversions, Services, profits, Commodities, and Hereditaments, which the said W. I. hath or ought to have within the Parish and Feilds of C. in the County of S. to have &c. ut preantea. Provided alwaies, and it is conditioned, granted, and concluded, and agreed by, and between the said parties to these presents, for themselves, their Heirs &c. by these presents; That if the said R. I. or W. I. or either of them, or the Heirs &c. do well and truly content and pay, or cause &c. to the said E. and A. and to the Survivors of them, and their Assigns, and the Assigns of the Survivors of them, the said Annuity and yearly payment of a hundred pounds, at two equall payments every year, yearly, during the naturall life of the said E. and A. and the naturall life of the longer liver of them, on the eight and twentieth day of Oct: and on the eight and twentieth day of April, from thenceforth at the place and between the hours therfore limitted and appointed, in, and by these present Indentures: And if it shall happen the said E. and A. nor either of them, nor any other authorized by, and from them, or either of them to be present, at the place and times limitted and appointed for the payment of the said Annuity, ready to receive the said payment: [Page 37] Then if the said R. and W. their Heirs, Executors, and Assigns, or one of them; do upon demand to be therfore made at the now Mansion house of the said R. I. at &c. by the said E. and A. or any other authorized for them, or for one of them, at, and upon the tenth day next after any of the said daies and times before limited and appointed for the payment of the said yearly Annuity, pay, or cause &c. to the said E. and A. or their lawfull Assign or Attorny, so much of the said yearly payment or Annuity as then shall be behind, and unpaid, and all the Arrearages of the same. Then the Gift, Grant, Bargain, and Sale made of the said Mannors, Messuages, Lands, and Tenements, and all other the Premisses by these presents bargained and sold to the said E. and A and to their Heirs, shall be clearly and utterly void and frustrate to all intents and purposes, as though the same had never been made: And that then, and from thenceforth it shall be lawfull to, and for the said R. and W. their Heirs and Assigns, to enter into the said Mannors, Messuages, Lands, Tenements, and Hereditaments, by them severally bargained and sold by these presents as aforesaid, and the same to have again and repossess as in their severall former Estates, any thing in these presents contained, to the contrary therof in any wise notwithstanding. And that then, and from thenceforth, the said E. and A. and their Heirs, and all and every person and persons to be seised of the Premisses, or any part therof by form, or under the state of the said E. and A. or either of them shall stand and be seised of the said Mannors &c. in the said County of D. to the only use and behoof of the said R. I. and of his Heirs, and to none other use, or uses whatsoever, and of the said Mannors, Messuages &c. in the said County of S. to the only use of the said W. I. and of his Heirs, and to none other use or uses whatsoever; And that then also all assurances to be made of the Premisses, and of every parcell therof, shall be to the said last recited severall uses, and to none other. And the said R. and W. for themselves &c. do covenant and grant, and either of them covenanteth &c. in manner and form &c. viz. That the said I. at the time of the ensealing and delivery of these presents, is the true and lawfull Owner of the said Mannors of &c. and of the same Mannors and Premisses in his own Right, and to his own use is, and standeth lawfully and solely seised in his Demesne as of Fee-simple, without any Condition, Mortgage, Limitation of Use, or Uses. And that he hath good Right, Power, and Authority, to give, grant, bargain, sell, and assure the said Mannors, and all other the Premisses in &c. to the said E. and A. and to their Heirs and Assigns, in form aforesaid.
And further that the said W. I. hath power to sell, and is solely seised in the Mannors &c. in &c. informa Prelimitata. And also that the said Mannors and other the Premisses in &c. and the said Messuages &c. in &c. now are, and from, and after any default of payment of [Page 38] the said Annuity, or any part therof, hapning contrary to the form and and effect aforesaid, shall be, stand, and continue to the said E. and A. and to their Heirs and Assigns for ever, clear and free discharged, exonerated, and acquitted, or otherwise by the said R. and W. or their Heirs, or by one of them, and his Heirs, from time to time, and at all times sufficiently saved harmless of, and from all and singular former Grants, Bargains, Sales, Leases, Charges, Estates, Titles, Fine, and Fines for Alienation by these presents, Joyntures, Dowers, Americaments, Arrerages of Rents, and all other Incumbrances whatsoever, the chief Rents and Services to be due and payable to the chief Lord, or Lords of the Fee, or Fees of the Premisses, in respect of their Seigniory only, and all Estates and Grants made and granted for one, two, or three lives of the Premisses, according to the custom of the said Mannors &c. And also one Lease &c. And also all Estates and Grants heretofore made and granted of the Customary and Copy-hold Lands, Tenements, and Hereditaments in C. aforesaid, or of any part therof, for tearm of one, two, or three lives, upon all which Grants, Leases, and Estates, the old and ancient yearly Rents and Services, or more, been reserved, and from henceforth during the severall continuances in the said Leases and Estates to be due and payable to the Owner, and Owners of the Reversion of the Premisses only except and fore-prised.
And further the said R. I. and W. I. covenant &c. that if it do fortune that the said Annuity and yearly payment of a hundred pounds and every part therof, be not well and truly contented and paid to the said &c. and to their Assigns, and to the Survivor of them, and to the Assigns of the Survivors of them, during the tearm &c. according to the tenor and purport of these presents, that then, and at the time of such default made in payment therof, or of any part therof, and from thenceforth for ever, the said Mannors and Premisses in B. &c. shall, or lawfully may be, and continue to the said E. and A. and to their Heirs and Assigns, of the clear yearly value of &c. of old and ancient Rent not inhaunced or improved, at any time or times within the tearm of twenty years now last past, over and above all Charges or Reprises; and also that then, and from, and after the time of such default made in the payment of the said Annuity, or any part therof, as is aforesaid, and from henceforth for ever the said Messuages, Lands, Tenements, and Hereditaments in C. &c. shall be of the yearly value of &c. and that the same Lands, Tenements, and Hereditaments in C. aforesaid, now be let and leased for the yearly Rent of &c. and so the same being holden and farmed.
And further, that then, and for ever after the time of any such default so hapning in payment of the said Annuity of a hundred pounds, and any part therof, as is aforesaid: The said E. and A. their Heirs and Assigns, shall, or may lawfully have, hold, and enjoy the said Mannors, [Page 39] Messuages &c. by these presents bargained &c. And then also and from thenceforth shall, or may lawfully have, take, perceive, receive and enjoy all and singular the Rents, Issues, and Profits therof, and of every part therof, to, and for the only commodity, use, and behoof of the said E. and A. and of their Heirs end Assigns for ever.
Here followeth an Article for delivery of the Evidence upon default.
Provided alwayes that if the said R. I. and W. I. their heirs and assigns, or any of them shall happen not to make true payment to the said E. and A. and their assigns, and to the Survivor of them and his assigns of the said Annuity, or yeatly payment of, &c. by, and during the term of the natural lives of the said E. and A. and the life of the longer liver of them according to the tenor and true meaning of these presents, but shall make default in payment thereof, or of any part thereof, so that the said E. and A. and their assigns by reason of the said default, shall, or lawfully may from thence forth, possess and hold the said Mannors, &c. and other the above bargained premises, and have, enjoy, perceive, and take the rents, revenues, issues, and profits thereof, according to the intent, purport, and true meaning above expressed and declared in these presents, That then the said Annuity, or yearly payment of one hundred pound by these presents above bargained to the said E. and A. his wife shall cease, determine, and be no longer paid: A Covenant here followeth for making assurance, &c. of the premises to be conveied and made sure to the said E. and A. &c. and to their heirs and assigns, according to the true meaning of these presents, and upon the conditions therein contained, and not otherwise; so as the said demise, assurance, or assurances extend not to take away or diminish such interest and estate as the said R. and W. have or either of them, or the heirs and assigns of either of them, is, or are of right to haue in the premises; And so also as the same extend not to take away, or to impaire any any such Lease or interest for term of years as the said R. and W. or either of them in the mean time shall have of the Grant and Demise of the said E. and A. or either of them, nor any Rent, or Profit which they are to have by reason of any such Demise.
Here followeth a Covenant for making absolute Assurance after breach of payment of the Annuity: And then a Covenant on Mr. S. his part for giving an Acquittance upon every payment of the said Annuity made according to the tenor of this Indenture. In witness, &c.
A Clause in a Deed of Annuity whereby the Grantees are enabled to sell the Distress, if it be not redeemed by a day.
ANd the Granter Covenanteth with the Grantees, &c. That if every A Clause to sell a Distress. such distress and distresses to be taken as aforesaid, shall not from time to time so often as any such shall be taken, be redeemed from the said R. and S. and the Survivor of them their Executors or Assigns, within the space of. &c. next after the taking thereof, That then it shall, and may be lawful, to, and for the said, &c. to make sale of all, and every such Distress and Distresses, as aforesaid, and thereof to have, levy, and enjoy the Arrerages of the said yearly Rent and Payments of the paine, and paines aforesaid, forfeited as aforesaid, without any molestation, vexation, or impediment of any person, or persons whatsoever.
A Covenant for giving an acquittance upon every payment of an Annuity.
ANd the said I. S. and A. his wife, for themselves their Executors, &c. do covenant &c. that the said I. and A. his wife, and their A Covenant to give an Acquittance. Assigns, upon the receipt of every payment of the said Annuity to them, or any of them hereafter to be made, according to the tenor and true meaning of these presents, shall, and will upon request therfore to be made, deliver a Writing under their hand and Seal, plainly testifying and reporting the same receipt and payment from time to time, so often as the said I. or A. or their Assigns shall receive any such payment.
A Clause for putting one in possession of an Annuity.
ANd the said I. H. hath put the said I. I. in full possession and Seisin of the said Annuity, or yearly Rent of forty pounds, for and during all the said tearm of one and twenty years, well and truly to be paid, in form aforesaid, at the ensealing and delivery of these presents, and in part therof, did pay and deliver to the said I. I. one silver Groat of lawfull &c. which the same I. hath received acccordingly, and folded the same about the labell of that part of these presents, which is sealed with the Seal of the said I. H.
Assignments.
An Assignment of a Rent reserved upon a Lease.
TO all Christian people &c. recite the Demise to the end of the Reddendum, and then know yee that I the said H. F. in consideration &c. have given, granted, assigned, and set over, and by these presents &c. as well the Counterpain of the said Indenture of Lease, under the hand and Seal of the said R. B. and the said yearly Rent of &c. and every part and parcell therof, and all the Arrerages of the same, or any part therof, as also all such Estate, Right, Title, Interest, Reversion, Term, and Demand, as I the said H. F. have, may, might, should, or ought to have, as well of, and in the said yearly Rent of &c. and every part and parcell therof, and the Arrearages aforesaid, by virtue of the said Indenture of Lease, or any thing therin contained, or otherwise: As also of, in, or to the said Messuages &c. and all other the Premisses with their Appurtenances, by the said Indenture demised; To have, levy, perceive, and enjoy the said yearly Rent of six pounds thirteen shillings four pence, and every part and parcell therof, and all the Arrerages aforesaid, together with the said Counterpain of the Indenture aforesaid, and also all the Estate &c. aforesaid, and all other the Ptemisses to the said H. B. his Executors &c. to the purpose, use &c. from the day of the date hereof, for, and during all the residue of the said tearm of one and twenty years, and for, and during all further tearm and Interest of me the said H. F. yet to come in the Premisses, or any part therof, in like, and in as large, ample, and beneficiall manner and form, to all intents and purposes, as I the said H. F. or my Assigns should, or might have done by force of the said Indenture, or by any other waies or means whatsoever, In witness &c.
An Assignment of a Lease of a Mannor of Rents reserved upon under Leases thereout made, and of Bonds and Covenants made to the Vendor.
THis Indenture &c. Between Sir N of L. &c. on the one party, and W. F. and M. of L. on the other party witnesseth, that wheras T. A. Gent. Son and Heir of T. A. Gent. brother of the late T. A. L. Chancellor of E. by his Indenture of Lease bearing date the 23. day of Au: An: 4. Edward 6. did demise &c. to T: B. Gentleman, all that his Mannor of W. F. with the Appurtenances in the County of E. which he the said T. A. then had in reversion, after the decease of the Lady E. A. late wife of the above named L. T. A. then having the actuall possession of the said Mannor; To have and to hold all and singular the said Mannors [Page 42] with the Appurtenances, unto the said T. B. his Executors or Assigns, from the Feast of Saint Michael the Arch-angel, immediatly following next after the decease of the afore-named E. A. unto the end and tearm of sixty years from thence &c. yeilding and paying therfore yearly unto the said T. A. his Heirs and Assigns, six and forty pounds of &c. by the year, at two terms of the year; That is to say, at the Feasts of the Annunciation &c. and Saint Michael &c. by even portions, during the said tearm, As by the said Indenture of Lease &c. And wheras the said T. B. by his Indenture dated 31. Aug. predict. An: 4. predict. did bargain, fell and set over unto Sir G. N. Knight, Father of the said N. all his said Indenture of Lease of the said Mannor of W. F: with the Appurtenances, and all his Estate, Right, Title, Use, Interest, and tearm of years, which he then had to come, of, and in the said Mannor and all other the Premisses, by virtue of the Indenture of Lease first in these presents recited; To haue and to hold the said Mannor with the Appurtenances, unto the said Sir G. N. his Executors and Assigns, from the Feast of Saint M. next and immediatly following the decease of the afore-named Lady E. A. unto the full end and tearm of all the years then to come, specified, and comprised in the said former Indenture of Lease, as by the said Indenture made of the Bargain, Sale, and Assignment aforesaid, more at large may, and will appear.
And whereas also the said Sir G. N. by his Poll-Deed under his Seal, dated the 27. of April, Au. 13. R. R; Eliz. for, and towards the better maintenance and preferment in liveing of the said Sir N. his Son, and for other reasonable causes, him moving, did give, grant, assign, and set over unto the said Sir N. his Estate, Right, Interest, and tearm of years, of, in, and to the said Mannors of VV. F. with all and singular his Members and Appurtenances; To have, hold, possess, and enjoy the said Mannor, with all and singular the Appurtenances to the same belonging, to the said S. his Executors and Assigns, from, and after the date of the said Poll-Deed, during the residue of the said tearm of &c. as by the said Poll-Deed &c. The said Sir N. for, and in consideration of the sum of nine hundred pounds of lawfull &c. wherof &c. Hath bargained, sold, assigned, and set over, and by these presents doth wholly, clearly, and absolutely bargain &c. to the said VV. F. all his Estate and tearm of years of, and in the said Mannor of VV. F. with all and singular the Appurtenances, in the said County of E. and the Right, Title, Interest, Reversion, and Reversions, Demand, and Tearm of years whatsoever, which the said S. hath, or may, or ought to have, in, or to the said Mannor with the Appurtenances, and every, or any part or parcell therof, and all Leases, Writings, Indentures, Bonds, Exemplifications, Court-Rolls, Rentals, Escripts, and Minuments whatsoever, which the said Sir N. hath, touching or concerning the said Mannor with the Appurtenances, or any part therof, and all and singular [Page 43] Rents and other Profits whatsoever, reserved upon any Lease or Leases heretofore made of the Premisses, or any part therof, with all the advantages, commodities, and benefits in Law whatsoever, which lawfully may be had, used, or taken upon any Covenants, Grants, or Agreements, contained in the said Leases heretofore made of the Premisses, or any part therof, either by the said Sir G. N. or the said S. N. and of all and singular Bonds whatsoever, to them or either of them made, for, or touching the Premisses, or any part therof; To have, and to hold, and also to possess and enjoy the said Mannor, with all and singular the Appurtenances, and all the said Estate, Right, Title, Interest, Reversion, Reversions, Demand, and Tearm of years, of the said S. in, and to the same, and all the said Leases, Writings, Indentures, Bonds, Exemplifications, Court-Rolls, Rentals, Escripts, and Minuments, and all and singular the Rents and Profits aforesaid, and all the advantages, commodities, and benefits aforesaid, and all and every other the Premisses above mentioned, to be bargained and sold unto the said W. F. his Executors, Administrators, and Assigns, by, and during all the residue of the said tearm of sixty years, mentioned in the said Originall Indenture of Lease, and yet to come.
And the said S. N. for him &c. covenanteth &c. in manner and form &c. viz. That the said conveyance made of the Premisses, from the said T. B. to the said G. N. and the said conveyance therof made from the said S. G. to the said S. are good, lawfull, and perfect conveyances of the said Mannor, and every part therof, according to the purport and effect of the said conveyances: And that by virtue and force therof, the said S. at the ensealing of these presents, hath lawfull Right, Title, Interest and Authority, to bargain, sell, assign, and set over the Premisses, and every part therof to the said W. F. his Executors and Assigns, according to the intent and true meaning of these presents.
And also that the said Mannors with the Appurtenances, and all, and every other the said Premisses, at the ensealing and delivery of these presents, shall be, and from henceforth, by, and during all the refidue of the said tearm of sixty years to come, shall stand and continue to the said W. his Executors and Assigns, clearly and freely discharged, or otherwise from time to time within convenient time, after notice and warning given, kept harmless by the said S. his Heirs Executors, or Administrators, of, and from all and singular former Bargains, Sales, Leases, Forfeitures, Re-entries, Cause, and Causes of Forfeiture, or Re-entry, Arrearages of Rents, Charges, Estates, Titles, Incumbrances whatsoever, had, made, done, given, or caused by the said S. G. and S. or either of them, and by the means or procurement of them, or either of them, or any other person or persons, lawfully claiming, in, by, or from them, or any of them, the Rent, Covenants, Conditions, [Page 44] Promises, and Agreements specified in the said Originall which on, and for the party of the said T. B. and his Assigns, hereafter shall grow due to be paid and performed: And one Lease made by &c. by Indenture dated &c. unto &c. of the Capitall place or chief Mansion of the said Mannor, and divers parts of the said Mannor, to hold to the said &c. and his Assigns, from the Feast &c. to the end &c. Upon which Lease there is reserved, and shall, or lawfully may be payable yearly during the continuance of the same Lease unto the said W. F. and his Assigns, the yearly Rent of five and twenty pounds of lawfull &c. And also the severall Estates made to the severall Copy-holders of the said Mannor, according to the custom of the said Mannor; wherupon the old accustomed Rents and Services are reserved yearly to be paid and done during the said Estates, according to the old custome of the said Mannor, alwaies fore-prised and excepted.
And also the said S. N. for him &c. covenanteth &c. that the said VV. his Executors and Assigns, from henceforth shall, or may lawfully have, possess, and enjoy all the Right, Title, Interest, and Term of years of the said S. N. of, in, and to the said Mannor with the Appurtenances, and all other the Premisses, with the yearly Rents and Services before mentioned, according to the severall Reservations of the same, without any let, disturbance, or vexation of the said G. and S. or either of them, or of any other person, or persons, by the means, title, or procurement of them, or either of them (except only as before in these presents is excepted:) And that the said Sir G. N. and S. N. and either of them, and the Executors and Administrators of them, and either of them shall, and will from time to time, agree, permit, and suffer, that the said VV. his Executors, Administrators, and Assigns, at his, and their proper costs and charges, may by all and lawfull means sue and prosecute all, and all manner of Actions, Suits, Processes, and Recoveries upon, or by reason of any Covenants, Grants, or Agreements, by any person, or persons heretofore made, either with the said Sir G. or S. by any Indenture, or Writing aforesaid, and upon, or by reason of any Bond, Statute, or Recognizance to them, or either of them made for performance of the said Covenants, Grants, or Agreements, or any of them, touching the said Leases and Demises, or otherwise for any other cause touching the Premisses.
And moreover that the said Sir G. and S. their Executors and Administrators, shall at all times allow and avow all and every the said Actions, Suits, Processes, and Recoveries in their or either of their names to be had or prosecuted, at the only costs and charges of the said VV. his Executors, Administrators, or Assigns; And that all benefits and advantages coming or growing of, or by the said Actions, Suits, Processes, and Recoveries shall, and may be had and taken, and quietly enjoyed to the said VV. his Executors, Administrators, and Assigns, without [Page 45] let or impediment of the said Sir G. and S. or either of them, of, or by reason of any Act or thing to be done, knowledged, or procured by them, or either of them, without the consent of the said W. F. his Execut. or Admin. And further that they the said Sir G. or the said S. or either of them, hath not released or discharged any of the Bond, or Bonds, Obligations, or Recognizances hereafter mentioned; that is to say, one Recognizance inrolled in the Court of Chancery, knowledged by the said E. P. and others, to the said Sir G. N. touching the Covenants of the Lease aforesaid made &c. and one Obligation of &c. dated the &c. made by the said &c. And the said W. F. for him &c. covenanteth &c. that he the said VV. his Executors, Administrators, or Assigns, at, or upon reasonable request to them, or any of them in that behalf to be made by the said T. A. the Leasor aforesaid, or his Heirs, shall at the end of the said term of sixty years, deliver, or cause to be delivered to the said T. A. his Heirs or Assigns, all such Evidences, Court-Rolls, Minuments, Escripts, and Writings, as he the said VV. his Executors or Assigns, have received or shall receive of the said S. his Executors or Administrators, touching the Inheritance of the Premisses, or any part therof: And such Court-Rolls and Rentalls, as hereafter in the mean time shall be made or renewed, of the Premisses, or any part therof, by the said VV. his Executors, Administrators, or Assigns, and with them at the end of the said tearm of sixty years, shall be in the custody of the said VV. or his Assigns. In witness &c.
The Assignment of a Statute.
THis Indenture, &c. Witnesseth, That whereas W. H. &c. by a certaine Statute, or Recognisance, bearing date, &c. Recognised and Sealed before Sir R. C. Knight, then L. Cheif Justice of England, according to the form of the Statute late made and provided for the recovery of debts, became bound to the said W. C. in the summ of one hundred pound of lawful, &c. payable as by the said Recognisance more plainly may appear, The said W. C. for divers good considerations him thereunto moving, doth by these presents fully and clearely Give, Grant, Alien, Assign, and set Over unto the said R. S. his Executors, Administators and Assigns, to his and their own proper use, and behoof for ever, the said Recognisance, and the debt, and duty therin contained, and all and every the execution, benefit, estate, and interest that may be had, obtained, or gotten, by reason of the said Recognisance, or any Execution sued out, or to be sued out thereof; And the said W. C. doth by these presents, make, ordaine, constitute, [Page 46] and put in the place and places of him, the said W. C. his Executors and Administrators and of every of them the said R. S. his Executors, Administrators, and Assigns, and every of them, the true, lawfull, and irrevokable Atturney and Atturneyes of him the said W. his Executors and Administrators, and of every of them, for him and them, and in his, and their Name or Names, To ask, levy, recover, and receive of the said W. H. his Heirs, Executors and Administrators, and every of them the said summ of one hundred pound contained in the said Recognisance, and every part thereof, and also to sue Execution of the said Recognisance; And also the said W. C. for him, his Executors and Administrators, doth by these presents give, power and Authority to the said R. S. his Executors, Administrators and Assigns, and every of them, for, and in the Name and Names of him the said R. C. his Executors and Administrators, and every of them, to do, cause, and procure to be done all, and every Act, and Acts, Thing, and Things, that is, or are to be done, or that may be done, for, in, or about the suing out of Execution upon the said Recognisance, or for, or touching the obtaining or geting of the debt, and duty therein contained, and every, or any part thereof, in as large ample and beneficial manner and form, as the same may be done, in, or by the Law.
And the said W, C. Covenanteth, &c. in form, &c. That he the said W. his Executors, and Administrators, and every of them, shall, and will from time to time, and at all times hereofter, without fraud, guile, deceit, let, or interruption, suffer the said Letter of Atturney, and the Power and Authority given or limited by these presents, to stand and continue in full strength, force and effect, without any revocation, or disanulling thereof, either directly or indirectly; And that the said W. C. or any other by his means consent, authority at any time heretofore hath not done, or assented unto, and that he, his Executors, Administrators, or Assigns, or any other by his or their means, consent, or procurement shall not at any time or times hereafter without the consent and agreement of the said R. S. his Executors, Administrators or Assigns, first thereunto to be had in writing under his or their Hand and Seal, or Hands and Seals, do, or consent unto any Manner, Act or Acts, or things whatsoever, whereby, or by reason whereof the said Recognisance or debt therein contained, or any part thereof, or any execution, sute, benefit, estate, or interest, that is, shall, or may be had or sued upon, or by reason of the same Recognisance in any wise, is, shall, or may be made void, released, barred, discharged, hindered or incumbred, other then for one assignment over of the said Statute, and a Letter of Atturney heretofore made by him the said W. for the suing out of the Execution upon the said Statute unto R. C. which is meant, mentioned, and intended not to be any breach of any Covenant, Grant, or Promise in these presents to be contained. And that [Page 47] he the said R. S. his Executors, Administrators, and Assigns, and every of them shall, or may by force of these presents lawfully ask, levy, recover, receive, and enjoy the said summ of one hundred pound, and every parcel thereof, to his, and their own proper use and behoof, without let or interruption of the said W. C. his Executors, Administrators, or Assigns, or any of them, and without any account or other thing, of, or for the same or any part thereof to be yeelded, or demanded to, or by him or them, or any of them, And that all suits, extents, and executions, estate and interest, to be had or prosecuted, or obtained, upon, or by reason of the said Recognisance, shall be, and may be had, taken and enjoyed, to, and by the said R. S. his Executors and Assigns, to his and their own proper use, benefit, and behoofe, notwithstanding any Act, or Thing done, or to be done by him the said W. his Executors or Administrators (other then before in these presents are excepted and fore-prised.) And also that he the said R. S. his Executors, Administrators, and Assigns, and every of them, shall and may from time to time, and at all times hereafter, at his, and their will, liberty, and pleasure, and at his, and their costs and charges in the Law, have, take, and sue out all, and all manner of lawfull Actions, Suits, Writs, Processes, Executions, Petitions, and Demands whatsoever, by, and upon the said Recognizance, in the name of him the said VV. his Executors, and Administrators, and every of them, against all and every person, and persons whatsoever, chargable, or to be charged, by force of the said Recognizance, in any manner whatsoever.
And further, that he the said VV. C. his Executors and Administrators, and every of them, shall, and will at all times hereafter, and from time to time, and at the like costs and charges of the said R. S. his Executors, Administrators and Assigns, avow justifie, and maintain with effect, all and every such Actions, Suits, Writs, Processes, Executions, and Demands whatsoever, which he the said R. S. his Executors, Administrators, and Assigns, or any of them at any time hereafter shall have, or sue out, in the name of him, the said VV. his Executors and Administrators, or any of them, by, upon, or by reason of the said Recognizance, without non-suing, disavowing, discontinuing, withdrawing, or discharging of the same, or any of them, unless the same be by, and with the speciall consent and agreement of the said R. S. his Executors or Administrators, in that behalf first had, and obtained in Writing under his, or their hands and Seal, or hands and Seals.
And moreover that I the said VV: C. mine Executors and Administrators, and every of us, upon any reasonable request, and at the costs and charges in the Law of the said R. S. his Executors, Administrators, and Assigns, and every of them, shall, and will make unto him, and them, such other further good and sufficient Letter, or Letters of Attorney, Assurance and Assurances, as he, or they, or his, or their [Page 48] Councill shall think meet and convenient for or touching the said Recognizance or any thing that shall, or may be had or obtained by reason or means thereof, or of any Extent or Execution thereupon to be sued; and the said R. S. covenanteth, &c. that if the said R. S. at any time hereafter commence any suit against any person or persons, for, or concerning the said Statute or Recognizance in the name of the said W. his Executors or administrators, and shall happen in any of the said suit or suits, to be non suit or otherwise harred, or any order, sentence or decree to be taken, so that any costs of suits or Damages or summs of mony or other recompence shall be adjudged, awarded, decreed or ordered against the said W. his Executors or assigns, in and upon the same withour any willing act done or to be done for that intent by the said W. his Executors or administrators, that then the said his &c. shall and will bear and pay, or otherwise save harmless the said W: his Heirs, Executors and administrators, of and from all such costs of suit, charges, summes of mony, damages or other recompences as shall be in any such suit awarded, ordered, judged, or decreed against the said W: his Executors or administrators for, or concerning the said statute or Recognizance, any thing in these Presents containned to the contrary thereof in any wise notwithstanding, In witnesse &c.
An Assignment of the Execution of a Statute after the Liberate sued out.
THis Indenture, &c. Between T. H. on the one party, and E. C. on the other party; witnesseth, that whereas J. W. the twentieth day of January anno, &c. by one Writing obligatory, bearing Date the same day and time, knowledged and sealed before, &c. according to the statute lately provided for recovery of Debts, did knowledge himself to owe, and bind himself to pay to the said T. H. the summ, &c. in the Feast, &c. Of payment of which ten pounds, the said I. yet hitherto hath made clear default, and by reason thereof the said T. H. hath sued Execution upon the said Writing obligatory, and thereupon in due form of Law hath extended certain houses, buildings, Lands and Tenements in O. in the County of O. of the yearly value of &c. whereof the said J. after the making and sealing of the said Writing obligatory, was seised in his Demesne, as of Fee: All which said houses &c. by virtue of the Queens Majesties Writ of Liberate bearing Test. &c. were delivered in Execution for the said debt to the said T. H. on the twenty third day, &c. to hold to him and his Assigns, as his free hold, untill the same debt with his costs and damages [Page 49] in that behalf sustained, thereupon should be fully satisfied, as by the Writ of the said Extent, and the writ of Liberate aforesaid, and by the return of the same Writs remaining of Record in the high Court of Chancery, more at large will appear: Now the said T. H. for a certain summ of mony &c, hath aliened, bargained, given, and granted. and by these presents doth alien &c. unto the said E. C. and his assigns, all the Interest, Right, Estate, Title, and Term whatsoever, which the said T. H. hath or ought to have, in or to the said houses, &c. mentioned in the said writ of Liberate, with all and singular their appurtenances (except only one parcell thereof extended, at the yearly value of &c. only viz. the Tenement in G. aforesaid, now or lat: in the Tenure or Occupation) and the said T. H. for the consideration aforesaid, doth by these presents give, grant, alien, bargain, and sell to the said E. C. as well all and singular writings minuments and specialties concerning the said Term, Estate, and Interest, which the said T. H. hath in the Premisses, as also all the [...] issues rents and profits rising, growing, and come of all the said houses, buildings, Lands, and Tenements, mentioned in the said Writ of Liberate, (except only before excepted) since the said twenty third day of &c. untill the time of the ensealing and delivery of these Presents, to have and to hold all the said Houses, Buildings, Lands, and Tenements, and all other the premisses with their appurtenances, and all the said Estate and Interest, of the said T. H. of and in the same (except before excepted) to the said E. C. and his assigns, for and during all such Estate, Tearm and Interest, as the said T. by force or virtue of the said Writs of Extent and Liberate, and Execution of the same, and returns thereof, or otherwise hath, or may, or ought to have in the above bargained Premisses now to come, and the said T. covenanteth, &c. that the said houses &c. (except before excepted) now at the ensealing &c. stand and be, and from thenceforth shall remain, continue, and abide unto the said C. &c clearly and freely exonerated discharged &c. of and from all and singular former bargains, Sales, Grants, Leases, Releases, Charges, and other Incumbrances whatsoever, by the said T. heretofore made, done, or agreed unto, or by the same T. to be made or agreed unto at any time hereafter, contrary to the true meaning and intent of these presents, In Witness &c.
The Assignment of a Recognizance.
THis Indenture &c. Between I. L. Gentleman on the one party, and S. M. of &c. on the other party, witnesseth, that whereas E. D. of K. in the County of L. Esquire, by one writing or recognizance [Page 50] bearing date the twenty fifth of Ianuary, anno. 20. R. R. Eliz. taken and knowledged before one of the Ordinary Masters of her Majesties high Court of Chancery, became bound unto the said I. L. in the summ of two hundred pounds of lawfull, &c. for the payment of one hundred and two pounds ten shillings of like mony on the twenty sixt day of Aprill then next ensuing, as by the said Writing or Recognizance, and the Condition thereof more plainly appeareth, which said summ of one hundred and two pounds ten shillings was not paid, nor any parcell thereof was paid to the said I. L. nor his Assigns, at nor before the twenty sixth day of Aprill, nor at any time sit hence; by means whereof the said Recognizance became, and now is, and standeth absolute without Condition, and in full force and strength in the Law. Now the said J. L. for certain good causes and considerations &c. hath assigned, made, ordained, and in his stead and place by these presents, doth put and constitute the above named S. M. his true and lawfull Attorney irrevocable, giving, and by these presents granting unto the said S. M. and his Assigns, full power and authority. by virtue hereof for him the said J. L. his Executors or Administrators, and in his or their name or names, and to the proper use and behoof of the said S. M. to ask, levy, recover, receive, take up, and demand all that the said summ of two hundred pounds of lawfull, &c. mentioned and expressed in the said Recognizance, and every parcell thereof: And for non payment thereof, or any parcell thereof, to sue Execution upon the said Recognizance, and to obtain the moyety of the Lands, Tenements, and Hereditaments which were of the said E. D. at the time of the knowledging of the said Recognisance, or at any time sithence, and also the said E. D. his Heirs, Executors, or Administrators for non-payment of the said summ or parcell thereof, to take and cause to be arrested, and pleas and processes against him or them to commence, maintain, and defend; and of whatsoever in this behoof recovered or received Acquittances or other Discharges sufficient for, and in the name of the said J. L. his Executors, or Administrators to make, seal, and deliver, Attorneys one or more under him to appoint, and at his pleasure to revoke the same again, and all and every other thing and things needfull and requisite in and about the premisses or any parcell thereof. for and in the name or names of the said J: L. his Executors or Administrators, to do, make, execute, and accomplish, as fully and effectually in any thing as hee the said J. L. his Executors or Administrators might or could do, if he or they were absolutely present, and also the said I. L. by these presents, doth ratify, confirm, approve, and allow, all and whatsoever the said S. M. or his Assigns, shall do or cause to be done, in, or or about the premisses or any parcell thereof in the name of the said I. L. his Executors or Administrators by virtue of these Presents And the said I. L. [Page 51] L, for him, &c. covenanteth, &c. in manner, &c. viz. that he the said I. L. his Executors and Administrators and every of them shal and will from time to time, and at all times hereafter at the reasonable request, and costs and charges in the Law of the said S. M. his Executors, Administrators, and Assigns, ratify, advow, justify, and allow all and every such action and actions, suit and suits plaints, processes, Extents, Judgements, and Executions, as at any time and times hereafter shall be brought, obtained, procured, commenced, or gotten by the said S. M. his Executors Administrators or Assigns, or any of them in the name or names of the said I. L. his Execut [...]rs or Administrators or any of them against the said E. D. his Heirs Executors or Administrators or any of them, or against his or their or any of their Goods, Chattells, Lands, Tenements, or Hereditaments or any parcel therof for the levying or recovering of the said summ of two hundred pounds in the said Writing or Recognizance mentioned, or of any parcell thereof without any Non-suit, Release, Retraxit, Disavowry, Discontinuance, or other wilfull hinderance, or delay of the same Actions, Suits, Extents, Judgments, Executions, or any of them except it shall be by and with the consent of the said S. M. his Executors or Assigns thereunto first had and obtained in Writing: And also that he the said I. L. hath not at any time heretofore released nor discharged, nor his Executors nor Administrators shall or will at any time or times hereafter release or discharge the said Writing or Recognizance or summ of two hundred pounds therein mentioned nor any parcell therof, unless it shall be by, and with the consent of the said S. M. his Executors and assigns thereunto first had, and obtained in writing, and also that he the said S. M. his Executors and assigns shall, or lawfully may peaceably and quietly have, receive, take, and enjoy to his & their own proper use for ever the said summ of two hundred pounds, and the whole benefit, profit, commodity, and advantage, with out any time or times hereafter shall be obtained, recovered and gotten upon, or by reason of the said Writing or Recognizance, or upon or by reason of any of the same actions, Extenrs, Judgements▪ and Executions to be had, brought or commenced upon the same without any let, trouble or interruption of the said I. his Executors and administrators or assigns or any of them, or of any other person or persons by his or their means, and without any account or other thing to him or any of them, to be therefore had, ye [...]lded or made, and also the said I. L. covenanteth &c. that he the said I. L. his Executors and administrators shall and will at all times hereafter, and from time to time at reasonable request and costs and charges of the said S. his Executors and assigns, do make, knowledge, and execute, and suffer to be done, made, knowledged, and executed all and every such further act and acts, thing and things, and devise and devises whatsoever, for the further, [Page 52] better, and perfecter assigning, conveying, and assuring of the Premisses, and every parcel therof to the said G. M. his Executors and Assigns, in form, and to the use aforesaid, as by the said G. M. his Executors, or Assigns, or his, or their Councill Learned, shall be reasonably demised, advised, or required. In witness &c.
An Assignment of a Recognizance for performance of Covenants.
THis Indenture &c. Between Sir Ʋ. B. &c. on the one party, and G. T. &c. on the other party, witnesseth, that wheras &c. reciting the Covenant of the former Indenture.
And wheras also the said I. C. by his Recognizance, bearing date 1. Au: An: 14. Reginae Eliz. doth stand bound to the said Sir Ʋ. in the sum of a 1000. pounds of lawfull &c. for the performance of all and singular the Covenants, Grants, Articles, Clauses, Sentences, and Agreements specified in the said former Indenture, on the part of the said I. C His Heirs, Executors, Administrators, and Assigns to be performed; As by the said Recognizance remaining of Record, before our said Soveraign Lady the Queen, in her Court at Westminster, commonly called the Kings-Bench, and the Condition therof more plainly and at large may, and doth appear.
Now the said Sir Ʋ. B. for very good and reasonable considerations, him therunto moving, hath granted, assigned, and set over unto the said G. T. his Executors, Administrators, and Assigns, as well the said Recognizance and sum of money therin specified; As also all and singular Forfeitures, Recoveries, Advantages, and Commodities whatsoever, which at any time, or times, can or may be lawfully had, or taken, by reason or means of the said Recognizance, or of any Judgment therupon given, or to be given, or of any execution therof to be had: And the said Sir Ʋ. B. for him &c. covenanteth &c. in form &c. That is to say,
That he the said Sir Ʋ. his Executors and Administrators, and every of them, from henceforth from time to time, and at all times, shall, and will agree, permit, and suffer the said G. T. his Executors, Administrators, Substitutes, and Assigns, at their own costs and charges, to sue and prosecute in the name and names of the said Sir Ʋ. his Executors and Administrators, all and singular Writ, and Writs, Proces, Judgments, Recoveries, Extents, and Executions, without any time, can or may be lawfully had, or pursued, for, or upon the said Recognizance, or any Judgment thereupon given, or to be given against the said I. C. his Heirs, Executors, Administrators, or Assigns, or against [Page 53] any other person, or persons whatsoever.
And also that he the said Sir Ʋ. his Executors, and Administrators, upon every reasonable request of the said G. T. his Executors, Administrators, or Assigns, and at the costs and charges of the said G. his Executors, or Administrators, shall, and will make, seal, and deliver to the said G. T. his Heirs, Executors, Administrators, and Assigns, such Letter, and Letters of Attorney, for the suing of the said Recognizance, and recovery of the sum of money therin specified, as at any time shall be needfull.
And also at the like request, and costs and charges aforesaid, shall, and will avouch and allow, of all and every the said Suits, Proces, and other the Premisses.
And shall not wittingly at any time or times, do, or knowledge any act, or acts, thing, or things, which shall hinder, let, or stay any of the said Suits, Proces, Judgments, Recoveries, Extents, or Executions aforesaid.
And also that the said G. T. his Executors, Administrators, and Assigns, may from time to time, have, hold, and enjoy to their own uses, all and singular such Goods, Chattels, Lands, Tenements, Rents, Reversions, and Hereditaments, as shall be had or taken in execution of the said Recognizance, or any Judgment therof given, or to be given, and all other Advantages, Forfeitures, and Benefits, which at any time shall, or may be lawfully gotten, or recovered by means therof, without any let, claim, disturbance, or impediment, by, or with the consent and will of the said Sir Ʋ. his Executors, or Administrators, and without any account therfore, or for any part therof to be made, or to be given to the said Sir Ʋ. his Executors or Administrators.
And also that after Execution shall be had of the said Recognizance, or of any Judgment therof given, or to be given; That, then at all times during the space of two years then next following, the said Sir Ʋ. his Executors and Administrators, upon every reasonable request to them made by the said G. T. his Executors, Administrators, or Assigns, and at the costs and charges of the said G. T. his Executors, Administrators, or Assigns, shall, and will grant, convey, and set over unto the said G. T. his Executors, Administrators, and Assigns, or to such other person, or persons as the said G. his Executors, Administrators, or Assigns shall name and appoint, all and singular such Goods, Chattels, Lands, Tenements, Rents, Reversions, and Hereditaments aforesaid, as shall be had, or taken in Execution as aforesaid, without retaining or account requiring therof, or of any part therof to the said Sir Ʋ. his Executors or Administrators.
And also that the said Sir Ʋ. heretofore hath not, And that he, his Executors, or Administrators, hereafter shall not release, acquit, or discharge the said I. C. his Heirs, Executors, Administrators, or [Page 54] Assigns, or any of his, or their Feoffors, or any of their Lands, Tenements, Goods, or Chattels, or any of their persons, of, or for any of the Covenants Articles, or Agreements, contained in the said former Indenture, neither of, or for the said Recognizance, or sum of mony therin specified, or any part therof, or any Proces, Extent, Judgment, or Execution therfore had, or sued, or to be had or sued without it be at, and by the speciall request and agreement of the said I. his Executors, Administrators, or Assigns, first therfore made, and given to the said Sir Ʋ. in writing, under his, or their hands or Seals.
And also that the said Sir Ʋ. his Executors, and Administrators, and every of them, at any time hereafter at the request, and costs, and charges of the said G. his Executors, Administrators, or Assigns, shall, and will do, make, knowledge, and suffer, all, and every lawfull and reasonable act, and acts, thing, and things, in the Law which shall be needfull for the making void and discharging of the said Recognizance, and such judgments and executions as be, or shall be had, or given upon the same.
And the said G. T. covenanteth &c.
That he the said G. his Executors, Administrators, or Assigns, at their own costs and charges, from time to time, shall, and will save, and keep harmless the said Sir Ʋ. his Executors and Administrators, and every of them, of, and for all and singular such Issues, Amerciaments, Fines, Costs, and Charges whatsoever, as shall happen to be due, or payable, for, or by reason of any Writ, or Writs, Proces, or Judgments to be had, in any Suit to be attempted, for, and in the name of the said Sir Ʋ. his Executors, or Administrators, by the means or appointment of the laid G. T. his Heirs, Executors, Administrators, or Assigns, or any of them, for, and about the said Recognizance, or sum of money therin specified, or any part therof. In witness &c.
An Assignment of a Statute.
THis Indenture made between R. M. Esquire, on the one party, and I. G. on the other party, witnesseth, wheras W. B. of H. by his Recognizance, or Writing Obligatory, bearing date the 25th day of July, the 3. and 4. years of the Raign of P. and M. late King and Queen of England, taken and knowledged before Sir R. B: Knight, then Lord chief Justice of the Common Bench at Westminster, according to the form of the Statute in that case made and provided, did become bound to the said R. M. in 200. Marks of lawfull &c. to have been paid now long since, as by the said Recognizance appeareth.
The sayd R. M. for good and speciall causes and considerations him moving, hath given, granted, and delivered, and by these presents, doth clearly and absolutely give and grant unto the said I. G. the said Recognizance, or Writing Obligatory, with all Forfeitures, Advantages, and Commodities therof, or therby to be had, or taken.
And also the said R. M. for him, his Heirs &c. covenanteth &c. in form &c. that is to say;
That the said Recognizance now is, and standeth clearly forfeited in the Law unto the said R. M.
And that he the said R. M. his Executors and Administrators, and every of them, from henceforth shall and will permit, agree, and suffer, that the said I. G. his Executors, Administrators, Substitutes, and Assigns, at their own costs and charges may from time to time, sue, and prosecute in the name, and names of the said R. his Executors and Administrators, all, and all manner of Writ and Writs, Proces, Extents, Suits, Judgments, and Executions whatsoever, which may be lawfully had, sued, or prosecuted, for, or by reason of the said Recognizance, either against the said W. B. his Heirs, Executors, or Administrators, or against any other person, or persons, their Goods, Chattels, Lands, and Tenements, or any of them.
And that also the said R. M. his Executors, and Administrators, shall, and will upon reasonable request, and at the costs and charges aforesaid, avouch and allow all, and every the said Suits, Proces, and other the Premisses, and shall not witingly at any time, or times, hinder, let, or stay the said I. G. his Executors, Administrators, Substitutes, or Assigns to go forward and prevail in the same Suits and Proces, and other the Premisses, or in any of them.
And that the said I. G. his Executors, Administrators, and Assigns, may have, hold, take, and enjoy to their own uses, all, and singular such Goods, Chattels, Lands, and Tenements, as shall be delivered in execution upon the said Recognizance, or otherwise by reason of the same. And all other benefits and advantages therby, or by any means therof, to be had or recovered, without any let, disturbance of the said R. M: his Executors, or Administrators, and without any account therof or be made, or given to the said R. his Executors, or Administrators at any time.
And further, that when, and after such time as any execution shall be had as aforesaid, That then the said R. M. his Executors, and Administrators, and every of them, for, and against themselves (upon any reasonable request, to them, or any of them therefore to be made) shall, and will, from time to time, grant, bargaine, sell, and set over unto the said I. G. his Executors, Administrators, or to such other person or persons, as the said I. his Executors or Administrators shall in [Page 56] that behalf, name, and appoint, all such Goods, Chattels, Lands, Tenements, and other profits whatsoever, as shall be so had and delivered in execution of the said Recognisance, or otherwise as aforesaid, to be had and enjoyed accordingly during the same execution without any profit or benefit to be retained, or account thereof to be made to the said R. his Executors or Administrators in any wise.
And moreover, that he the said R. his Executors or Administrators hereafter shall not release, acquit, or discharge the same Recognisance, or summ of money aforesaid, or any part thereof, or any manner of Writ, Process, Suite, Judgment, or Execution to be had, of, or for the said Recognisance, or summ of money, or any part of the same without the special Request, Consent, and Grant, of the said I. his Executors or Administrators to be made and given to the said R. his Executors or Administrators by Writing to be Signed and Sealed, with the hand or hands of the said I. his Executors, or Administrators.
And the said I. G. Covenanteth, &c. That he the said I. his executors, administrators or assigns, shall, and will, from time to time at their own costs and charges, bear, satisfie, and pay to our Soveraign Lady the Queen, and to her Officers, all and singular such Fines, Issues, Amerciaments and summs of money whatsoever as shall be due or payable, for, or by reason of all and singular Writs, Suits, or Process to be had or sued for, or upon the said Recognisance by the said I. his executors, administrators or assigns, in the name or names of the said R. his executors or administrators, Or else that he the said I. G. his executors, administrators or assigns, shall, and will, from time to time, and at all times well and sufficiently, save and keep harmless the said R. his heirs, executors and administrators, and every of them, of, and from all and every the said fines, issues, amerciaments, and summs of money aforesaid, and every part thereof, as well against our said Soveraign Lady the Queen, and her Officers aforesaid, as against all, and every other person or persons whatsoever. In witness, &c.
An Assignment of a Lease in Reversion from her Majesty well passed.
THis Indenture made, &c. between T. W. &c. on the one party, and R. M. &c. on the other party, witnesseth, That whereas our Soveraign, &c. by her Graces Letters Patents under the Seal of her Majesties Court of Exchequer, dated, &c. hath demised, and to Fermletten to one R. B. all that her Highness parcel of wast ground, &c. To have, &c. to the said R. B. &c. from the Feast of the Annuntiation, &c. then last past, unto the end of the term of one and twenty years, from thence, &c. yeelding. &c. as by the said Letters Patents, &c. And [Page 57] where also our said Soveraign, &c. by her Highness Letters Patents under the great Seal of England, bearing date at W. &c. for considederation in the same Letters Patents expressed, hath demised, &c. to the said T. W. his Executors and Assigns, amongst other things, all that her parcel of wast ground, &c. To have and to I old the said Lands, Tenements, &c. unto the said T. W. his Executors and Assigns, from the time that the said Letters Patents and Demise therof to the said R. B. as aforesaid made by Expiration, Surrender, Forfeiture or Determination thereof, or by any other means whatsoever, first and next should happen to be void, ended, and determined, unto the end of the term of thirty years, from thence, &c. lyeelding &c. as by, &c.
Now this Indenture further witnesseth, That the said T. W. for, and in consideration of a certain summ, &c. whereof, &c. hath bargained▪ sold, aliened, assigned, and set over; And by these presents, &c. unto the said R. M. his Executors, Administrators, and Assigns, all the Interest, estate, and term of thirty years to him the said T. W. by the said Letters Patents granted, of, and in the said Lands, &c. and of, and in all and singular other the premises before in these presents recited, and to him the said T. W. by the said Letters Patents granted; as aforesaid, and of, in, and to every part and parcel thereof with the appurtenances; and also all the estate, right, title, interest, term of thirty years Reversion, claim and demand whatsoever, which he the said T. hath. or may, or ought to have, or claim, of, in, or to the said Lands, &c. and all and singular other the premises before in these presents rented, and of, in, or to every part and parcel thereof, with the appurtenances by force and vertue of the said Letters Patents, to him the said T. granted as aforesaid, or any thing therein contained, To have, and to hold the same premises, and all the said estate, right, title, interest, term of thirty years reversion, claim, and demand whatsoever, of him the said T. W. of, in, and to the same premises before recited, and, of, in, and to every part and parcel therof, with the appurtenances (except before excepted) unto the said R. M. his Executors or Assigns, in as large, ample, and beneficial manner and form, to all intents and purposes, as he the said T. W. hath, or may, or ought to have, and enjoy the same by force and vertue of the said Letters Patents, to him the said T. W. granted, as aforesaid, or any thing therein contained. And the said T. VV. covenanteth, &c. that he the said T. his Executors or Administrators, shall or will at all times hereafter, and from time to time free, acquit, exonerate and discharge or otherwise in convenient time after reasonable request sufficiently save and keep harmles the said premises before in these presents recited, and every part and parcel thereof, with the appurtenances and the interest, estate, and term of years thereof by the said Letters Patents granted, of, and from all, & all manner of former Bargaines, Sales, Gifts Grants, Leases, Charges; [Page 58] Titles, troubles and Incumbrances whatsoever, had, made, committed, or done, by him the said T. W. or by any other person, or persons, by his assent, means, consent, or procurement; The Rents, Covenants, Clauses, Articles and Agreements in the said Letters Patents reserved and contamed, which on the part and behalf of the said T. W. his Executors, or Administrators, from henceforth, for, or in respect of the Premisses, assigned, or granted by these presents, are, or ought to be observed, performed, fulfilled or kept, only excepted and fore-prised.
Of which said Rents, Covenants, Clauses, Articles and Agreements, and every of them, the said R. M. doth covenant &c. at all times hereafter, and from time to time, to acquit, exonerate, and discharge, or otherwise sufficiently save, or keep harmless the said T. W. his Executors and Administrators, against our said Soveraign Lady, her Heirs and Successors, Officers, and Assigns, and every of them, In witness &c.
An Assignment of a part of a Stock adventured in a Voyage for discovery of Cathaia.
THis Indenture &c. Between M. L. &c. on the one party, and M. F. on the other party, witnesseth, that wheras the said M. L. is and standeth indebted unto the said M. F. in the sum of 205. pounds of &c.
And also wheras the said N. is charged to other persons, for the said M. for the payment of 600. pounds of like money, which the said M. cannot yet satisfie or pay, as the same is, and shall be due and payable. And wheras the said M. hath amongst others a stock in money of 120 l. and above to a great value, as the said M. affirmeth in the late Voyage, lately discovered by M. F. Esquire, unto Meta incognita, and unto Cathaia, and other Countries intended to be discovered in the Northwest parts, which sum of mony the said M. cannot yet have out of the said Voyage, and intended discoveries, by reason that as yet no certain account is known, or can be made therof: By means wherof the said M. is not able to satisfie his Debts aforesaid, as otherwise he would willingly do, and is, and standeth bound to the said N. to do.
Therfore for better certainty and assurance to be made to the said N. F. as well for the payment of the said 205 l. to the said N. his certain Attorney, Executors, or Administrators, to be paid: As also for a due satisfaction and contentation to be made to the said M. his Heirs Executors, and Administrators, of, and for the said sum of 600 l. pounds wherwith the said N. is charged for the said M to other persons as aforesaid. The said M. L. hath given, granted, assigned, and set [Page 59] over, and by these presents doth clearly give &c. unto the said N his Executors and Administrators, to, and for the only behoof and commodity of the same M. his Executors, and Administrators, two parts of all the said Stock of 1200. pounds, which the said M. hath in the said Voyage to Meta incognita, and other the intended discoveries aforsaid, the same being in three parts to be divided, and a rateable part, according to the said sum of 805. pounds of &c. of all, and all manner of Merchandize, Gains, Profits, Priviledges, Liberties, Licenses, and other Emoluments whatsoever to the said M. his Executors or Assigns, to be had, or to be gotten, or arise of, or for the said Voyage to Meta incognita, and every, or any other Country, or Countries discovered, or to be discovered towards the North-west as aforesaid.
And the said M. L. for him &c. covenanteth &c. That the said N. his Heirs, Executors, Administrators, and Assigns, for the only use of the said N. his Executors and Assigns for ever, shall, and may have, receive, and enjoy, out of the accounts of the said Voyages from the said Countries, all, and whatsoever, which upon the making of the same account shall rateably arise and grow, of, and for the Stock of 805. l. of &c. parcell and out of the adventure of the said M. in the Voyage, aforesaid, without any let, default, or impediment of, or by the said M. his Heirs, Executors, Administrators, and Assigns, or of any other person which is, or shall be intituled by, or from the said M. L. and that he the said M. L. his Executors, and Administrators, at, and upon every reasonable request of the said N. F. his Executors, Administrators, or Assigns, shall, and will do, execute, and knowledge, all and every thing, and things, which the said N. his Executors, or Administrators, can, or may lawfully do, wherby the said N. his Executors Administrators, and Assigns, may the more readily have, get and obtain the said sum of 805. pounds, out of the Stock and Adventure of the said M. which he hath in the Voyage aforesaid, without any manner of Fraud, or Covin. In witness &c.
An Assignment of an Obligation before the same be forfeited with good Covenants in such Case.
BE it known unto all men by these presents, That I. C. Lord M. &c. for divers good and lawfull considerations, me therunto moving, have given, granted, assigned, and set over; And by these presents, do clearly and absolutely give, grant, assign, and set over unto I. L. his Executors, Administrators, and Assigns, to his and their own proper use and behoof, as well one Deed Obligatory, or Writing, bearing date the last of January, last &c. wherin N. T. and C. N. are bound or mentioned [Page 60] to be bound to me the said Lord M. in the sum of 400. pounds of &c. with a Condition there under written, for the payment of 200. pounds of like money, to be paid to me the said Lord M. mine Executors, or Assigns, in the Feast of the Purification &c. next &c. at the Chappell of the R. in C. Lane neer L. As also all the Right, Title, Action, and Demand of me the said Lord M. mine Executors and Administrators, in, and to the said Deed Obligatory, and all sums of mony therin, or in the Condition therof contained or specified.
And also I the said Lord M. for me, mine Executors and Administrators, do by these presents make, constitute, and put in my place the said I. L. his Executors and Assigns, my true and lawfull Attorney and Attornies irrevocable, for me and in my name, to ask, take, and demand, and receive the said sum of 200. pounds of such person, or persons as shall tender payment therof, at the day, time, and place expressed in the Condition of the said Obligation: And for default of payment of the same sum of 200. pounds or any part therof; Then to ask, levy, recover, and receive the said sum of 400. pounds, of, and upon all and singular person, and persons, and their Lands, Tenements, Goods, and Chattels, whatsoever chargable or liable, or to be chargble or liable to, for, or with the satisfaction or payment therof; Giving, and by these presents granting to my said Attorney and Attorneys, my full Power, Right, Title, and Authority, in all and singular the Premisses; And for me, and in my name to commence, and to sue prosecute, and sue out, all and singular Actions, Suits, Remedies, Plaints, Pleas, Judgments, Executions, and Demands whatsoever which I the said Lord M. my Executors, or Administrators, have, or may have, upon, or by means of the said Obligation.
And also to acquit, compound for, and discharge the said Obligation, Attorney, or Attorneys, one or more under him, or them, to substitute, and make; And all other lawfull acts and things to do and prosecute, in, for, and about, all and singular the Premisses, in as ample manner and form, as I the said Lord M. my Executors, or Administrators might, or could do in proper person; ratifying and confirming by these presents, all the acts and doings of my said Attorney and Attorneys, in and about, all and singular the Premisses.
And I the said Lord M. do covenant &c. in form &c. That the said Writing before in these presents, recited the sufficient Deed in the Law of the said N. and T. And that the same Deed, Obligation, is not, nor hereafter shall nor be discharged, exonerated, released, satisfied, and made void, except it shall be by, and with the express consent and agreement of the said I. L. his Executors, or Assigns, first therunto had and obtained in writing, under his or their Hand and Seals: And that without like consent or agreement of the said I. his Executors, or Assigns, the said sums of money, or either of them or any [Page 61] part or parcell of them, or of either of them, shall not be paid, received, released, satisfied, acquitted, or discharged. And that any of the same sums of money, or any parcell of any of them, heretofore hath not been received, or discharged. And that any Action, Suit, Judgment, or Execution, or any Petition, or Demand growen or arisen, or to grow or arise, of, by, or upon, or by reason or means of the said Obligation is not, nor shall not at any time hereafter be released, acquitted, discharged, or made void, without such consent or agreement as aforesaid, of the said I. L. his Executors, or Assigns. And that I the said Lord M. my Executors and Administrators, from time to time, and at all times hereafter upon every reasonable request, and at the costs and charges of the same, in the Law of the said I. L. his Executors, or Assigns, shall and will avow, justifie and maintain all such Actions, Suits, Petitions, and other attempts; As the said I, L. his Executors or Assigns, shall commence, prosecute, or take, in the name, or names of the said Lord M. his Executors, or Administrators, for, and upon the said Deed Obligatory, for the recovery and obtaining of the said sum of 400. pounds, contained or specified in the said Deed Obligatory. And that the said I. L. his Executors and Assigns, after the receipt or obtaining of the said sum of 200. pounds, or 400. pounds, or of any part or parcell of either of the same sums, shall and may to his and their own proper use and behoof for ever, have; hold, keep, retain, and enjoy the said sum and sums of money, and every part therof, without any account, or other thing therof, or therfore to be yeilded or answered to me the said Lord M. my Executors or Administrators, or any of us, in any wise. In witness &c.
An Assignment or Bargain of two Annuities granted to a man by Fine
THis Indenture made &c. Between W. G. &c. on the one party, and R. P. &c: on the other party, witnesseth, That wheras W. H. &c. and M. his wife, by one fine, sure Grant, and render levied before the Kings Majesties Justices of his Common Bench at Westminster, in the term of Saint Michael, in the 13th. year of his Highnes Raign; Between the said W. and M. Plaintiffs, and I. F. Esquire, and B. his wife, the said W. G. and E. his wife, Deforcients: The said W. H. and M. his wife, did grant to the said W. G: a certain yearly Rent of 6 l. going out of one Messuage, and one Shop, with the Appurtenances in W. in the Parish of &c. in the Tenure and Occupation of R. P. and the same in the said Court, did render to the said W. G. to have and perceive [Page 62] the said annuall Rent of 6 l. to the said W. G. and his Heirs, at the Feasts of &c. by equall portions yearly to be paid. And if it happen the said yearly Rent of 6 l. or any part therof, to be behind in part, or in all, after any Feast of the Feasts aforesaid, in the wh [...]ch at ought to be paid, by the space of forty daies, if it be asked; That then the said W. H. and M. and the Heirs of the same VV. shall forfeit to the said VV. G. and his Heirs, 10 s. in the name of a pain, so often as the said yearly Rent of 6 l. or any parcell therof shall be so behind. And that then and so often it shall be lawfull to the said VV. G. and his Heirs, into the said Messuage and Shop, with the Appurtenances, to enter and distrain, and the Distress so there taken, lawfully to lead, carry, and drive away, and with him to keep, untill he shall be fully satisfied and paid, as well of the said yearly Rent of &c. with the arrerages therof (if any shall be;) As also of the said 10 s. forfeited in the name of a pain, shall be fully satisfied and paid.
And also the said VV. H. and M. did likewise grant by the same Fine to the said VV. M. one other yearly Rent of 6 l. 13 s. 4 d. going out of one Messuage and one Shop, with the Appurtenances in VV. in the said Parish of &c. in the Tenure or Occupation of T. B. And the same did render &c. to have &c.
And if it happen. &c. a nomine poene of ten shillings, &c. And a distress, &c. and also the said VV. H. and M. did grant to the above named I. F. and B. a certain yearly rent of 8 l. going out of two Messuages, and three shops, with the appurtenances in W. and W. in the parish of, &c. in the several Tenures of, &c. and the same to them did render in the said Court, To have, &c. with forfeiture nomine poene and a distress ut supra, &c. As by the said Fine amongst other things therein contained more plainly will appear. Now the said W. G. for, and in consideration of the summ of, &c. wherof, &c. hath bargained and sold, And by these presents doth bargaine and fell to the said R. P. and his Heirs for ever, all the said several yearly Rents issuing out of the said several Messuages and Shops abovesaid; and all and every the paine and paines to be forfeited for non payment of the said several yearly Rents, or any of them, and all the estate, right, title, interest, of the said W. G. and his Heirs, of and in and to the said yearly rents and paines aforesaid, and every of them, to have, hold, perceive, receive, and enjoy all and every the said yearly rents at the said several Feasts abovesaid, as the same rents shall grow due and payable; and also the said paine and paines to be forfeited for nonpayment of the said yearly rents, or any of them, as above said, unto the said R. his Heirs and Assigns for ever, to, and for the only use of the said R. and of his Heirs and Assigns for ever. And the said W. G. doth covenant, &c. in form. &c. That he the said VV. G. and his Heirs, shall, and will acquit, and discharge, or otherwise from time to time, [Page 63] save and keep harmless, as well the said R. his Heirs and Assigns, as the said several yearly rents, and every of them, of, and from all, and singular former bargains, &c. had, made, done, or procured by the said W. or by his consent, knowledge, or procurement. And further, That he the said W. and the said E. his wife▪ and the Heirs of the same VV. and all, and every other person and persons, having, or which shall have, or lawfully claim to have any former estate, right, title, or interest, in, or to the said seueral yearly rents, or any of them, or any part of the said several yearly rents by form or under the estate of the said VV. from time to time upon reasonable request within five years next comming at the costs and charges of the said R. his Heirs or Assigns, shall, and will, do, make, knowledge, and suffer, and cause, &c. all, and every such further lawful and reasonable act, and acts, thing and things, for the further or more better Surety, assurance, and sure making of the said several yearly rents, and every of them, and the pain and pains to be forfeited, as aforesaid, to be had, and made sure to the said R. his Heirs and Assigns, to his and their own use, and uses for ever, as by the said R. his &c. shall be lawfully and reasonably devised, advised, and required.
And further, That he the said R. his Heirs and Assigns, from henceforth, for ever, shall, or lawfully may have, take, receive, and enjoy the said several yearly rents, and every of them, and all and every pain and pains which shall happen to be forfeited as aforesaid, without any let, trouble or interruption of the said VV. or his Heirs, and without any lawful Let, Trouble, Interruption or Molestation of any other person or persons, having, or which shall have any estate or interest, in, or to the said several yearly rents, or any of them, by, or from the said VV. G. or by, or under his Estate or Interest. In witness, &c.
An Assignment of a Lease by him that hath the same, but in Mortgage before it be forfeited; also the money payable for the Redemption Assigned, and an agreement that the Lease shall remain with a third Person till the Redemption or Forfeiture.
THis Indent. made, &c: between A. M. on the one party, and H. G. on the other party, witnesseth, That whereas our said Soveraign, &c. by his Highness Letters Patents under the Seal of his Majesties Court of Exchequer, bearing date, &c hath demised, &c. to C. C. of E: in the County of S. Esquire, all that his Herbage, Pasture, Feeding, and Pasturage, of, and in the Park called E. Park, in the County of S. to have and to hold &c. paying therfore yearly &c. As by the said Letters Patents may at large appear.
And wheras also our said Soveraign &c. by other his Letters Patents, dated &c. did demise &c. to the said C. &c. to have &c. yeilding and paying &c. And wheras also the said C. C. by his Indenture dated &c. hath bargained, sold, assigned, and set over to the said A. M. his Executors and Assigns, to, and for his and their own use, as well the said Herbage &c. As also all the Estate &c. which he the said C. C. bad, could, might, or ought to have had, or lawfully might, or could claim to have had, of, in, or to the said Herbage &c. by force, or virtue of the said severall Letters Patents, or either of them, together with the said severall Letters Patents.
By which Indenture it is provided, that if the said C. his Executors, Administrators, or Assigns, do well and truly pay, or cause &c. to the said A: his certain Attorney, Executor, or Administrator, at the Shop which the said A: did then occupy, scituate &c. the sum of 220 l. of &c. on the 15th day of March, which shall be &c. according to the computation &c: That then and from thenceforth, the said Indenture, and the Bargain and Sale therin contained, should be utterly void and of none effect, any thing to the contrary &c. As by the said Indenture at large will appear.
Now the said A. M: for, and in consideration of the sum of &c. wherof &c. hath bargained, sold, aliened, assigned, and set over: And by these presents doth bargain, sell &c. to the said H. G. his Executors and Assigns, to, and for his and their own use, as well all the Estate, Right, Title, Interest, Possession, Reversion, [...]ondition, term of years, claim, and demand, which the said A, M. hath, can, or may, or ought to have, or lawfully can, or may, or ought to have, to, of, or in the said Herbage &c. by force and virtue of the said severall Letters Patents, and Indenture above recited, or any of them: As also the same Letters Patents, and Indentures aforesaid. And it is condescended, concluded, and agreed by, and between the said parties to these present Indentures, for themselves, their Executors Administrators, and Assigns, and every of them by these presents, in manner and form following; That is to say, That the said Letters Patents, and Indentures above mentioned, shall continue, and remain in the hands, custody and possession of A. P. &c. untill the said 15th. day of March, which shall be &c.
And also that the said A. M. his Executors and Administrators shall agree and suffer, that the said H. his Executors, Administrators, and Assigns, shall or may have take, and receive of the said C. C. his Executors Administrators, or Assigns, the said sum of 220 l and every part therof, if it shall be offered to be paid in form aforesaid, and sha [...]l, and may retain and enjoy the same, to the only use and behoof of the said H. G. his Executors and Assigns, without any account therof, or of any part therof to the said A. his Executors, or Administrators, to be [Page 65] made, or yeilded. And that then and at any time after, the said A. his Executors, Administrators, or Assigns, shall, or may deliver, or cause &c to the said C: his Executors, Administrators, or Assigns, the said severall Letters Patents, and either of them whole and uncancelled; and also the said Indenture made to the said A. M: to be cancelled. But if the said C: C his Executors Administrators, and Assigns, shall make default, & do not pay; or cause &c. the said sum of &c. to the said A: his certain Attorney, Executor or Administrator, at the place, and between the hours aforesaid, according to the purport and true meaning of the Proviso above in these presents recited: That then, or at any time after the said A. his Executors, Administrators, or Assigns, shall and may deliver, or cause &c. to the said H. his Executors, Administrators, or Assigns, the said severall Letters Patents, and Indenture above recited, whole and uncancelled, to be had, used, and enjoyed to the said H. his Executors, Administrators, and Assigns, as his and their own proper Goods and Chattels for ever.
And the said A. M. covenanteth &c. that the said Herbage &c. are, and be, and during the residue of the said severall terms of years, in the said Letters Patents now to come, shall, or lawfully may be, continue, and remain to the said H. his Executors, Administrators, and Assigns, clear and free discharged and acquitted, or otherwise at all times, upon reasonable request, shall be sufficiently saved harmless by the said A. his Executors and Administrators, of, and from all and singular former Bargains, Sales, Grants, Leases, Surrenders, Estates, Titles, and Charges whatsoever, heretofore had, made, or done by the said A. M. or by any other by his means, title, or procurement. The yearly Rents, Covenants, Conditions, and Agreements, mentioned and expressed, in the said severall Letters Patents, on the part of the Lessee therin named, and of his Assigns, from the said 15. of March &c. to grow due to be paid and performed, by force and virtue of the said severall Letters Patents, and the Covenants, Articles, Conditions, and Agreements, contained in the said former Indenture, only except and fore-prised. In witness &c.
An Assignment of a Lease where the same is bound for the money to be paid for the same; And where there is exception made of some part of the Premisses Leased.
THis Indenture &c. Between R. M. &c. on the one party, and E. W. &c. on the other party, witnesseth, that wheras the Wardens of the Goldsmiths, by their Indenture of Lease under their common Seal, dated &c. demised to the said R. M. all that their Messuage or [Page 66] Tenement in W. &c. and all that Garden and Shed &c. in I. Gardens, in the Parish of Saint G. without C. Gate, to hold &c. yeilding for the same Messuage &c. 5 l. and for the said Garden 8 s. at four terms &c. As by the said Indenture of Lease &c.
Now the said R. M. for the considerations, and upon the Conditions hereafter in these presents, doth bargain &c. to the said E. his Executors, Administrators, and Assigns, to, and for the only and proper use and behoof of the said E. and of his Executors, Administrators, and Assigns, as well all the said Estate, Right, Title, Interest and term of years, which he hath yet to come, of, and in, and to the said Messuage, or Tenement Shop, and other the Premisses, with the Appurtenances in W. aforesaid, as also the Indenture of Lease therof made as aforesaid (alwaies saved and excepted to the said R. M. his Executors, Administrators and Assigns, all the said Garden &c. and all the Estate, Term, and Interest aforesaid, herein yet to come, so fully, wholly, and entirely, as if these presents had never been, had, or made.
And the said R. M. for him &c. covenanteth &c. for discharge of Incumbrances done by him &c. for, and in consideration of which said Bargain, Sale, Assignment, and Covenant by these presents, made, by, and from the said R. to the said E. as aforesaid, the said E. hath not only paid to the said R. at the ensealing and delivery of these presents, the sum of 50 l. of &c. of which 50 l. the said R. acknowledgeth the receipt by these presents. But also the said E. for him, his Heirs &c. covenanteth with the said R. &c. That he the said E. his Executors, or Assigns, shall, and will well and truly pay, or cause &c. to the said R. &c. the sum of 450 l. of &c. at the now Mansion house of the said R. &c. in manner following; viz. On the 25th. of M. 50 l. therof, and on the 29. of September 1653. other 50 l. therof; And so from thenceforward, from half year to half year, on every 25. of March 50 l. and on every 29. of September, other 50 l. as the same daies from thenceforth shall next come, and ensue one another, untill the said sum of 450 l. by such payments as aforesaid, shall be unto the said R. M. his Executors, or Administrators fully paid.
And the said R: M: doth covenant &c. to deliver, or cause &c. a lawfull and sufficient Acquittance, upon the receipt of each and every sum aforementioned, testifying the receipt and payment of the same sum so paid. Provided alwaies, and it is especially covenanted, concluded, and agreed, by, and between the said parties to these presents, for them &c. that it shall, and may be lawfull to, and for the said R: M: his Executors and Administrators, and every of them, to retain and keep, in his and their own hands and custody, the said Indenture of Lease, until the said E. his Executors &c. shall have made full payment and satisfaction to the said R: &c. of the said sum of &c. and every part therof. Provided also, and it is conditioned and agreed [Page 67] by, and between the said parties to these presents. And the said E. covenanteth &c. that if the said E. his &c. do not at the said Mansion house of &c. at, or before the twenty fifth of March, which &c. 1656. fully and wholly satisfie, content, and pay, or cause &c. to the said R. his &c. the said sum of 450 l. and every part therof; That then and from thenceforth these presents, and the Bargain, Sale, Assignment, and conveyance therby made, and all and every the Covenants, Grants, and Agreements in these presents contained, on the part and behalf of the said R: his Executors, or Administrators, to be performed, shall be void &c. And that then a Re-entry in Mr. M: &c. these presents &c. And the said E: covenanteth &c. that he the said E: his Executors, Administrators, or Assigns, at his and their own proper costs and charges at all times from henceforth, and from time to time, untill the said twenty fifth of March &c. shall and will well and truly, and in due and convenient time and times, according to the tenor and limitation of the said Indenture of Lease, pay the said yearly Rent of 6 l. which for the said Messuage &c. in VV. aforesaid, shall become due to be paid, by virtue of the said Indenture of Lease, and also well and truly, and duly accomplish, observe, do, and perform, all other the Covenants, Grants, and Agreements in the said Indenture of Lease contained and specified, which for, by reason or in respect of the said Messuage &c. in VV. aforesaid, or any part therof, on the part and behalf of the said R. his Executors, Administrators, or Assigns, or any of them, are, or ought, or shall be due to be done or performed, for, and in such sort, that no forfeiture in the mean time shall grow, or be occasioned, or made of the said Lease and term of years▪ or any part therof, for, or in default of payment of the said yearly Rent of 6 l. or any part therof, or for, or by reason of the non-performance of the said Covenants &c. or any of them, or by reason or means of any act or thing whatsoever hereafter to be made, done, or caused, or omitted, or left undone by the said E: his Executors, Administrators, or Assigns, or any of them, or any other person, or persons, by his, or their means, consent, or procurement.
And also that if the said E: his Executors, Administrators, or Assigns, do make payment to the said R: his Executors or Administrators, of the said sum of 450 l. and every part therof, at, or before the twenty fifth of March; That then and from thenceforth the said E: his Executors, Administrators, and Assigns, shall and will from time to time, and at all times hereafter, during the residue of the said term of 28. then to be to come and unexpired, sufficiently save and keep harmless the said R: M: his Executors and Administrators, and every of them, against the said Wardens and Communalty, and their Successors, of, for, and concerning all and singular the said Rents, Covenants, Grants, Articles; and Agreements, in the said Indenture of Lease [Page 68] reserved and specified therafter, for, or in respect of the said Messuage or Tenement &c. in VV. aforesaid, on the part of the said R. his Executors, Administrators, or Assigns, or any of them, to grow due to be paid, done, or performed, by virtue or means, of the said Indenture of Lease. And the said R: M: &c. covenanteth &c. that if, at, or before the said 25. of March &c. the said E. his &c. shall have made full and true payment or lawfull tender to the said R. his Executors or Administrators, of the said sum of &c. That then after such full payment had and made of the said sum of &c. upon any reasonable request of the said E. his &c. he the said R: his Executors or Administrators, shall and will deliver, or cause &c: to the said E: &c: at the said house &c: the said Order, Indenture of Lease, under the common Seal aforesaid, safe, whole, uncancelled, and undefaced.
And the said E: VV: covenanteth &c. That if, by, and according to the tenor of these presents, the said Indenture of Lease shall be by the said R: &c. delivered to the said E: his &c. as aforesaid, that then he the said E: his Executors, Administrators, or Assigns, from time to time, and at all times, after the receipt by him, or them, of the said Indenture of Lease shall and will within convenient time after request, in any Court within the City of L: or County of M: shew the said Indenture of Lease, under the common Seal aforesaid, in full strength, force, and effect, and suffer the same to be openly read, and seen in the custody of the said E. his &c. for the maintenance and defence of the Title and Interest of the said R. his &c. in, and to the Garden and Shed, so often as it shall happen to be needfull, during the said term of &c. by reason of any controversie which shall arise in Law, for, or concerning the Title therof, In witness &c.
An Assignment (by an Executor of an Executor) of Land holden by extent upon a Statute.
THis Indenture, &c. between T. B. &c. Executor of the last Will and Testament of F. T. of E. T. widow deceased Executrix of the Testament and last Will of I. T. her Husband late Citizen and M. of L. also deceased, on the one party, and E. B. &c. on the other party, witnesseth, That whereas R. G. and O. G. of L. the first day of April, before Sir R. C. Knight deceased, then his Majesties Chief Justice Assigned for Pleas before his Highness to be holden, did acknowledge themselves to owe to the above named I. T. 600 l. which they ought to have paid to the said I. the first day of May then next following, And of the payment thereof, then and yet hitherto have made full and clear default. By reason whereof the said T. B. hath [Page 69] procured his Majesties Writ of Extent, out of his High Court of Chancery, directed to the Sheriffs of L. and by vertue therof the said Sheriffs have found by a fine in due form of Law taken before them, and in like due manner and form returned, That the said R. and O. at the acknowledging of the Recognizance aforesaid were seised in their Demesne as of Fee, of, and in one Mesuage or Tenement, with the appurtenances commonly called the C. and F. Scituate in the Parish of Saint B. in the Ward of C. of L. late in the Tenure or Occupation of G. F. Grocer, which said Messuage or Tenement with the appurtenances by vertue of the Writ aforesaid, was extended to the clear yearly value of 13 l. 6 s. 8 d. of lawful, &c. beyond all reprises. And was seised into the hands of our said Soveraign Lord the King, to be delivered into the hands of the said T. B. untill he should be fully satisfied of the said 600 l. according to the form, and effect of an Act in that Case made and provided.
And whereas sithence, that is to say, on the day of N. now last past, the said Messuage, with the appurtenances was delivered to the said T. B. in Execution for the said 600 l. according to the Form and Effect of the said Statute by the Queens Writ of Liberate, bearing Test at Westminister the day of N. now also last past, to hold to him and his Assigns as his Free-hold, untill the same debt of 600 l. with his costs and damages in that behalf sustained thereupon should be fully satisfied, and by the Writ of the said Extent, and the Writs of Liberate, aforesaid, and by the vertue of the same Writs remaining of Record in the high Court of Chancery more at large will appear. Now the said T. B for, and in consideration of the summ of 185 l. whereof, &c. hath aliened, bargained and sold, and by these presents doth alien, bargain and sell unto the said E. B. his Executors and Assigns all the Execution, Interest, Right, Estate, and Title whatsoever, which the said T. B hath, or ought to have, of, in, and to the said Messuage with the appurtenances, and every part therof: To have, and to hold the said Messuage with the appurtenances, and all the said Execution, Right, Title, and Interest of the said T. B. of, in, and to the same to the said E. B. his Executors and Assigns, for, and during all such Estate, Right, and Title as the same T. hath, may, or ought to have in the above bargained Premises now to come by force or vertue of the said Writs of Extent and Liberate, and the Execution and Returns of the same. And the said T. B. Covenanteth, &c. That the said Messuage or Tenement with the appurtenances at the Ensealing and Delivery of these presents is and standeth, and so shall continue and abide to the said E. his Executors and Assigns, clear and free discharged and acquitted, or otherwise upon reasonable request sufficiently saved harmless by the said T. his Executors and Administrators, of, and from all, and singular former Bargains, Sales, Grants, Leases, Releases, Charges, and other [Page 70] Incumbrances whatsoever made, done or committed by the said T. B. or hereafter to be made, done, or procured by the same T. his Executors, Administators, or Assigns, contrary to the intent and true meaning of these ptesents, In witness, &c.
An Assignment of divers debts expressed in a Schedule in consideration of a sum of money to be paid by the Assignee to the Assignor where for better security of payment of the consideration money the Assignee is bound to make the Assignor his Executor.
THis Indenture, &c. Between G. S. on the one party, and J. H. the yonger, late servant to the said G. on the other party, witnesseth, that the said G. S. upon the good confidence and trust, that he the said G. hath, and reposeth in the said J. H. And for his better preferment and credit, and especially that the said J. H. his Executors, Administrators or Assigns, shall well and truely pay, or cause to be paid to the said G. his Executors and Administrators, or to one of them at the now Mansion, &c. the summ of 3500 l. &c. in manner, &c. hath Assigned, Consigned, Transferred, and set over, And by these presents Assignment. doth, &c. unto the said J. H. his Executors, Administators, and Assigns, to, and for his and their own use, all, and singular, the debts, duties, and demands mentioned and expressed in the Schedule indented hereunto annexed, Giving amd Granting to the said J. H. his Executors, Administrators, and Assigns, such power, authority, interest and commission, to demand, ask, sue for and recover the same, and every part therof, to the use of him the said I. H. his Executors, Administrators, and Assigns, as the said G: S: and his Executors, have, shall, may, or might have had, if these Consignations had not been made.
And the said G: S: for him &c. covenanteth &c. in form &c. That he Covenant to justifie actions brought for debts in the Assignors name. the said G: S: his Executors and Administrators, shall, and will from time to time, and at all times hereafter, upon reasonable request, and at the costs and charges of the said I: H: his Executors and Administrators, or any of them, advow, justifie, and maintain, all and singular lawfull Actions, Suits, Pleas, Proces, Judgments, and Executions to be had, brought, pursued, or taken, in the name or names of the said G. his Executors, or Administrators, against the persons named and specified in the said Schedule, or any of them, of, and for their severall Debt, or Debts, mentioned to be owing in the same Schedule And that That the Assignōr neither hath, or shall release the debts without assent. the said G hath not at any time heretofore released, discharged, or acquitted the said persons or any of them, of; or for the said Debts, or any part therof, neither he the said G. his Executors, or Administrators, [Page 71] at any time hereafter shall or will release, acquit, or discharge the same persons, or any of them, of, or for the same Debts, or any of them, without it be by the speciall assent, consent, or agreement of the said I. his Executors or Administrators: And that he the said G. hath not, neither he the same G. his Executors or Administrators; at any time hereafter, will wittingly or willingly do any act, or acts, thing, or things whatsoever, which shall, or may be prejudiciall or hurtfull to the obtaining or recovering of the Debts or sums of money, mentioned and expressed in the said Schedule, or of any part or parcel therof. And that he the said I. H. and his Executors, shall or may have, retain, and enjoy the said Debts mentioned in the said Schedule, to his own proper use and behoof, without any reckoning or account to be had, demanded or required by the said G. S. his Executors or Assigns.
Provided nevertheless, that if the said G. his Executors, Administrators, Proviso. Servants, or Assigns, or any of them, have at any time heretofore received, or at any time hereafter shall receive or discharge any part of the Debts and Sums of money mentioned in the said Schedule indented: And do content and pay the same Debts and Sums of money so received or discharged, or to be received or discharged as aforesaid, to the said I. his certain Attorney, Executors, or Administrators, at the said Mansion &c. within thirty daies next after the same I. his Executors, Administrators, or Assigns shall demand the same of the said G. his Executors or Administrators; That then he the said G. his Executors or Administrators, shall not be in danger charged or impeached, of, or for the Covenant above mentioned.
And the said G. J. for him &c. for the consideration aforesaid, and for that the said G. hath before the ensealing hereof, sold and delivered to the said I. for his own use, certain Wares and Merchandizes, to make up the said Debts mentioned in the said Schedule, the sum of 3500 l. covenanteth and granteth &c. in form &c. That he the said I. his Executors, Administrators, or Assigns, shall and will well and For payment of money. truly pay, or cause &c. to the said G. his certain Attorney, Executor, or Administrator, at the daies and place above limitted, the said sum of 3500 l. and every part therof, in manner and form before limitted and expressed. And that he the said I. within twelve daies after the ensealing and delivery of these presents, shall make his last Will and Testament in writing: And by the same for the better means of obtaining Assignee to make the Assignor his Executor. and recovering of the said sum of &c. and every part therof to the said G. &c. according to the true meaning of these presents, if the said I. H. should happen to dye, before the same, and every part therof be paid, and for no other cause, purpose, or intent, shall make, constitute, and ordain the said G. his sole Executor. And that untill the said sum of &c. and every part therof, shall be fully satisfied and paid to the said G. his certain Attorney, Executor, or Administrator, according to the [Page 72] tenor, and true meaning of these presents, he the said J. shall not after, revoke, or make voide the said Will and Testament, or make any other without the Consent, Will, and Agreement of the said G. his Executors, or Administrators first thereunto had and obtained in writing To save the Assignor from damages for Actions in his name. under his or their hands and Seals. And moreover, That he the said I. his Executors and Administrators, or one of them, shall and will at all times hereafter, and from time to time, well and sufficiently discharge, or save and keep harmless the said G. his Executors and Administrators, and his Goods, Chattels, Lands, Tenements, and Hereditaments, and every of them, of, and from all and singular Fines, Amerciaments, Charges, and Demands whatsoever, which shall happen or grow by reason or means of any of the Actions, Suits, Pleas, Processes, Judgments, and Executions aforesaid, to be had, brought, or pursued, in the name or names of the said G: his Executors or Administrators, against the persons named in the said Schedule, or any of them, of, and for Debts or Sums of money, in the same Schedule mentioned, or any part therof, In witness &c.
The Assignment of a Recognizance inserted in an Indenture of Bargain and Sale.
ANd wheras &c. I. C. &c. by Recognizance hearing date &c. hath acknowledged himself, before our said Soveraign Lady the Queens Majesty, in her Highness Court of Chancery, to owe to the said R. W. the Sum of a 100 l. of &c. with condition therunto made and under written, for the performance of the Covenants, Grants, Articles, and Agreements contained in one Indenture &c. as by the same Recognizance more at large appeareth.
The said R. W. for the consideration aforesaid, doth by these presents Assignment. give, grant, assign, and set over unto the said I. H. his Executors and Assigns, the said Recognizance and penalty of a 100 l. therin mentioned, and every parcell therof, and all the Right, Title, and Interest of the said R: W. in or to the same. And also the said R: W: doth by these Letters of Attorney. presents constitute and make the said I. H. his Heirs, Executors, and Administrators, his true and lawfull Attorney and Attorneys irrevocable, for him and in his name, and in the name or names of his Executors and Administrators, or any of them, or without any account therfore to be yeilded, to ask, levy, recover, and receive the said Sum of 100 l. contained in the said Recognizance, and every part therof, of the Heirs, Executors, Administrators Lands, Tenements, Goods, and Chattels of the said I. C. or of any of them, or any part therof, whensoever the same shall be forefeited or payable. And to compound and agree for the same, or any part therof; And to release and discharge [Page 73] the said Recognizance, at their liberty and pleasures. And further the Covenant to sue in the name of the cognizee, &c. said R. W. Covenanteth &c. in form &c. That he the said R. his Executors and Administrators shall and will at all times hereafter, quietly permit and suffer the said I: H: his Heirs, Executors, Administrators, and Assigns, or any of them at his and their own proper costs and charges, to have, pursue, prosecute, and bring in the name or names of the said R: W: his Executors or Administrators, or any of them, any lawfull Action, or Actions, Suit, Plea, Process, Extent, Judgment, Liberate, and Execution, and every of them, upon, or by virtue of the said Recognizance, whensoever the same shall be forfeited, of, or against the Heirs, Executors, Administrators Lands, Tenements, Goods, and Chattels of the said I. C. or any part therof, for the recovering, getting, or obtaining of the said Penalty of one hundred pounds, and of costs, charges, damages, and Amends, upon the breach of any of the Covenants, Grants, or Agreements specified in the same Indenture in such like, and in as large and ample manner and form, as the said R. his Heirs, Executors, or Administrators, or any of them, could, ought, or might have done, if these presents had not been had or made, without acquitting, releasing, hindring, staying, discontinuing, barring, letting or discharging of the same Actions, Suits, Pleas, Processes, Extents, Liberates, or Executions, or any of them, without the consent and agreement of the said I. H. his Heirs, Executors, or Assigns, in that behalf first had and obtained in writing, under his, or their hands and Seals.
And also that he the said R. at any time heretofore hath not acquitted, released, or discharged, nor that he the said R. his Heirs, Executors, or Administrators, at any time hereafter shall acquit, release, or discharge the said Recognizance and Sum of 100 l. therin contained, or any part therof; nor any Covenants, Grants, or Clause, contained or mentioned in the said former Indenture.
And also that he the said R. W. his Heirs, Executors, and Administrators, shall quietly permit and suffer the said I. H. his Heirs, Executors, and Administrators, to have, receive, take, and enjoy to his and their own uses for ever, the whole benefit and execution of the said Recognizance, and all such Sum and Sums of money, costs, charges, damages, and Amends, Lands, Tenements, Goods, and Chattels as shall be recovered, adjudged, or gotten in any such Action, Suit, Process, Extent, Liberate, Execution, or any of them, without any let, trouble, interruption, claim, or demand of the said R. his Heirs, Executors, or Administrators, or any of them, without any account, reconing, or other thing, of, or for the Premisses, or any part therof, to him, or them, or any of them, in any wise to be made, yeilded, or given.
And further, that he the said R. W. his Heirs, Executors, and Admistrators, [Page 74] shall at all times hereafter upon reasonable request to him or To make further Letters of Attorney, and assurance of Lands extended. them made by the said I. H. his Heirs Executors Administrators or Assigns, or any of them, and at their, or one of their costs and charges, make not only such further reasonable Letter or Letters of Attorney to the said I. his executors administrators and assigns, or any of them, agreeable to the tenor of these presents, for the recovery of the said sum of 100l. contained in the said Recognizance, whensoever need or occasion shall be, but also such further assurance unto the said I. H. his executors administrators and assigns, or any of them, to the only use of the said I. &c. of such Lands and Tenements Goods and Chattels as shall at any time hereafter happen to be recovered extended or gotten, by reason of any extent or execution, to be had upon or by virtue of the said Recognizance: As by the said I: his &c. at his and their costs and charges, shall be reasonably devised, or advised, In witness &c.
An Assignment of a Lease and Gift of all the Goods a man shall have at the time of his decease, if his Daughter the Assignees Wife, or any Issue of her body be then living.
This &c. An. 13. Eli. Between W. I. alias L. &c. on the one party and T. P. &c. on the other party witnesseth, That whereas A B. Clark and Parson of the parish of S. M. at B. in L. W. C. & I. B. wardens of the goods, works, rents and ornaments, of the said parish Church with the Recital. assent and consent or the most part and worshipful & discreet persons parishioners of the said parish by their Indentures of Lease dated have demised &c. unto the said W. I. all that their messuage or tenement with the Shops &c. set &c. and belonging to the said Parson and Church wardens in the right of the same Church adjoyning &c. to hold &c. for 99. years from Christmas before the date of the lease &c. Habendum. veelding &c. As by the said Indenture &c. the said W. I. alias L. for such considerations and upon and under such conditions as hearafter are expressed in these presents doth alien bargain and sell to the said T. P. executors and assigns all the said Lease terme of years and interest which the said W. hath or ought to have of, in and to the said messuage tenement, cellar, sollors, Garden and their appurtenance, whatsoever by force and vertue of the Indenture of Lease aforesaid saving and alwaies reserved and excepted to the said W. I. alias L. and to his assigns out of the alienation bargain and sale aforesaid the use and sole manurance & occupation of all the said messuage, tenement, Cellar, Sollars, garden and their appurtenances for and during all the term and naturall life of the said W. I. And the said W. I. for him &c. doth covenant [Page 75] &c. that he the said W. J. And his Assigns for and during Covenat to pay Rents, &c. all the term of the naturall life of the said W. shall and will at the costs and charges of the same W. And of his Assigns well and truly yeild pay fullfill and perform all and singular rents, covenants, and duties, whatsoever, to be paid done or performed for the premises or any part thereof during the naturall life of the said W. And thereof shall and will defend and keep harmless the said T: P. his Executors, and administrators, against the said Parson and Church-wardens, their successors, and Assigns, and all other persons whatsoever.
And the said W. I. upon and under the condition aforesaid, doth by these presents give & grant to the said T. P. all and singular such implements, Houshold Stuff, and Houshold-Furniture as Bedsteds, Cupbords Seelings, Wainscot, Feather-beds, Beddings, Sheets, Blankets, Coverings, Boulsters, Pillowes, Mattresses, Pewter, Brasse, Iron, and all other things whatsoever, which the said W. I. shall have remaining in the said Messuage and other the Premisses, at the time of his decease (ready money Gold, Silver, Plate, Jewels, Writings, Evidences, and Wearing Apparel, for Men, or Women, only except) provided, alwa [...]es, and it is plainly and expressly condiscended, agreed Proviso. and conditioned, by and between the said parties to these Indentures, for themselves, their Executors, Administrators, and Assigns, and every of them, by these presents, in manner and forme following; that is to say, that if E. Daughter of the said W. I. whom the said T. hath lately married and taken to his wife, or some issue of the body of the said E. by the said T. begotten, or to be begotten, shall not be living at the time of the decease of the said W. I. that then these present Indentures, and every thing in the same contained, shall be so clearly frustrate and void to all intents, purposes, and constructions in the law, and every other way whatsoever, as though the same had never been made, mentioned or spoken of, any thing before in these presents specified or contained, or any thing there upon to be gathered, or construed, to the contrary thereof &c. In witnesse &c.
An Assignment of a Lease for lives.
THis Indenture made &c. Between W. B. of the one party, and I. K. R. G: I. G. I: P. and W. B. of the other party, witnesseth, That wheras J. S. by his Indenture of Demise and Lease lawfully executed, made between &c. bearing date &c. for and upon good considerations in the said recited Indenture specified, did demise grant and to Ferm let &c. To have and to hold, occupy &c. yeilding and paying yearly therfore to the said J. S. his heirs and assigns, the yearly rent of &c. at certain daies and feasts therin mentioned; with a clause of distres for [Page 76] non-payment of the said Rent of 10 l. And also with divers other Covenants Grants Matters Agreements and Damages, in the said recited Indentures contained; as by the said Indenture more fully and at large appeareth.
And forasmuch as the said W. B. meaneth and intendeth as well to advance Considerations. his own Sons with the said Messuage Tenement and Premisses, as also to settle and dispose the said Messuage Tenement and Premisses, so that the same may from time to time, during the continuance of the said Estate and term of three lives, so therof formerly granted as aforesaid, remain continue and be to such person and persons, and in such manner and form, as he the said W. B. hath hereafter in the said Premisses mentioned and appointed; So long as it shall please God to permit the same: He the said W. B. for the Causes and Considerations aforesaid and for the naturall love and affection which he beareth likewise unto his own Sons, as unto such his brothers as are hereafter in these presents named.
And also for the trust and confidence which he beareth and reposeth Assignment. in them the said I. K. &c. and for divers other good causes and considerations him therunto moving, hath granted assigned and set over, and by these presents doth grant assign and set over unto them the said I. K. &c. and their Assigns, the said Indenture of Demise and Lease, and all the whole Right Title Interest Estate Term of-lives and Possession, which he the said W. B. hath, or of Right ought, or is intituled to have, of, in, or to the said Messuage Tenement and Premisses, and every or any part or parcell therof, by, or by force of the said recited Indenture of Demise and Lease, so therof to him formerly made as aforesaid; Habend. To have and to hold to them the said I. K. &c. and their Assigns, from and immediately after the making of the said presents, for and during, and to the full end and term, and during all the term of the naturall life and lives of them the said and for and during the term of the naturall life of the Survivor and longest, liver of them, bound to, and for such use, intent, and purpose, that they the said I. K. &c. and the Survivor and Survivors of them, and his and their Assigns, Ʋses. shall and may from time to time, and at all times hereafter, during the continuance of the said term of three lives aforesaid, stand, continue, and be seised therof, and of every part and parcell therof, to, and for such uses, intents, purposes, conditions, limitations, and agreements, and to the use of such person and persons, and for such Estate and Estates, and in such manner and form, as hereafter in these presents are particularly expressed, mentioned, and declared, and to no other uses, intents, purposes, or meaning, in any wise; that is to say, of, and in all and singular the said Messuages Tenements Land Premisses, with all and singular their Appurtenances, and of every part and parcell therof, to, and for the [Page 77] only use and behoof of him the said VV. B. and his Assigns, for and during the term of the naturall life of him the said VV. B. and by and immediatly after the naturall death and decease of him the said VV. B. then of and in the full Moyety, half part, purparty, and portion of the said Messuage Tenement and Premisses, and of every part and parcell therof, with the Appurtenances, to, and for the use and behoof of Katherine, now wife of the said VV. B. and her Assigns, for and during the term of the naturall life of the said K. if they the said or any of them so long shall live: And by and immediatly after the severall deaths and deceases of the said VV. B. and Katherine his wife, and of the Survivor of them, of and in the said Moyety, half part, Purparty, and portion of the said Messuage Tenement and Premisses, so before limited in use, to and for the use of the said Katherine; and likewise also by and immediatly after the naturall death and decease of the said W. B. of and in the other Moyety, half part, Purparty, and Portion of the said Messuage Tenement and Premisses with the Appurtenances, to and for the use and behoof of the said R. B. Son of the said VV. B. and of the Heirs Males of the body of the said R. B: lawfully begotten, so long as they the said R. B. VV. B. and I. B. or any of them shall live ot continue in full life; and for default &c. yeilding &c. covenant, remain discharged of Incumbrances: Covenant for making further assurance, and a Letter of Attorney.
Note that a Term cannot be assigned from a day to come but the Land it self by speciall name may a Lease for life. Habendum from a day to come, is not good but from the making or from a day past.
An Assignment of a Rectory or Parsonage, Water mill, &c.
THis Indenture made, &c. Between H. of G. in the County of Nott. Esquire, third Son to the late right Honorable Earl of S. dedeceased of the one party, and W. of, &c. of the other party witnesseth, That whereas the said Earl, and E. T. Esquire his second Son by A rent of an Assignment. their Deed indented, bearing date the ninth day of Aug: An. 28. Eliz. did Grant, Assign, Assure, or Convey unto the said H. T. and his Assigns, all that the Rectory or Parsonage of VV. in Com. E. and all Glebe, Lands, Tythes, Profits, Commodities, Oblations, Obventions, Emoluments and Advantages whatsoever yearly arising, growing, coming or renewing, in, and upon the said Parsonage of W. and Premises with the appurtenances, and every part and parcel thereof for divers years yet induring, as by the said recited Indenture more at large doth, [Page 78] and may appear. And whereas also one W. S: &c. by his Indenture, bearing date, &c. did bargain, alien, sell, assign, and set over unto the said H: T: and his Assigns all that the Water-Mill called the Abby Mill in B: with the appurtenances in the said Counry of E: together with all his estate, right, title, interest, terme, and terms of years reversion, claim, and demand which he the said W: S: had, might, or ought to have unto the said Water-Mill, and one parcel of Land adjoyning, with the appurtenances, and every part and parcel thereof by vertue of her Highness Letters Patents to him thereof made for the term of twenty years, or by vertue of one Grant from her Majesty of the Reversion of the same Premises for the term of one and thirty years unto one N: H: and by the said N: conveied unto the said VV: S: as Assignment. by the said recited Indenture more at large it doth, and may appear. Now this Indenture further witnesseth, That the said H: T: for divers good Causes and Considerations him thereunto specially moving, hath given, granted, assigned, and set over. and by these presents doth give, grant, assign, and set over unto the said VV: R: and his Assigns, all that, and those the said Rectory, or Parsonage or Washe, Glebe Lands, Tithes, Oblations, Obventions, and all and singular other the premises with the appurtenances, and every part and parcel thereof, and all the estate, right, title, interest, term of years, claim, and demand whatsoever of him the said H: T: of, in, and to the same, and every part and parcel thereof yet to come and unexpired; and also all that his said terme and estate of, in, and to the said Water-Mill, and parcel of Land adjoyning in B: aforsaid with the Mill Dam, and all and singular Water-Courses and Streams, to, or with the said Water Mill now used or occupied, lying and being in B: aforesaid, together with free Passage to come, go, and ride to and from the said Mill for the grinding of any manner of Corn and Grain whatsoever. And all the estate, right, title, interest, term of years, claim and demand whatsoever, of him the said H: T: of, in, and to the same and every part and parcel thereof yet to come and unexpired, together with all Indentures, of Lease, Grants and Assigns of the said premises thereof made to the said Earl E: and H. VV: and N: or any of them, or to any other person or persons to their, or any of their uses, all which said Writings the said H: T: for himself, his Heirs, Executors, Administrators and Assigns. Covenanteth and Granteth to, and with the said VV: R: his Heirs Executors Administrators and Assigns, to deliver, or cause to be delivered to the said VV: R: his Executors or Assigns safe, whole, and uncancelled at the reasonable request of the said VV: R. his Executors or Assigns, to them, or any of them to be made at any time before the Feast of the Purification, &c. next ensuing the date hereof, to have and to hold, use, occupy and enjoy the said Rectory or Parsonage of what glebe Lands, Tythes, together with the said Water-Mill, Water-Courses [Page 79] and Streams, and all and singular other the premises, with their, and every of their several appurtenances, and every the said part and parcel thereof, and all the said estate, right, title, interest, terme and terms of years, claim, and demand of the said H. T. of, in, and to all the said premises with the appurtenances, and every part and parcel thereof unto the said W. R. his Executors Administrators and Assigns, immediatly from the making hereof, for, and during all the residue of the said several term and terms of years yet to come and unexpired in the said Rectory or Parsonage and Mill, and either of them in as large ample, and beneficial manner and form, to all intents, constructions, and purposes as the said H. T. may, might, should, or ought to have hold, use, occupie and enjoy the said Premises to the only and several uses intents and purposes, and upon special trust and confidence hereafter in these presents limited, declared, and appointed, of, for, or concerning the same, and to no other use, behoof, intent or purpose, that is to say, to the use and behoof of the said W. R. and his Assigns, for, and during his natural life, (if the said term of years shall so long endure) And if the said VV. R. shall depart this life within the said term of years then after the decease of the said VV R. the use, profits, and commodities of the said premises, and of every part and parcel thereof, shall be and come to E. now wife of the said H. T. and daughter and sole Heir of the said VV. R. for such and so many of the years that are, or shall be unexpired in the said Premises after the death of the said VV. R. as shall be and continue for tearm of her naturall life (if the said term or terms of years shall so long endure) And if the said E. happen to depart this life before the expiration of the aforesaid term; That then the use possession and interest of the whole term or terms aforesaid; shall be and come wholly with all the residue and number of years then unexpired to G. and M. Daughters of the said H. T. begotten upon the body of the said Eliz. and the longer liver of them.
An assignement of a Lease for a hundred yeares.
THis Indenture, made, &c. between J. L. Gentleman, son of Sir P. L. Knight of the one party, and J. L. one of the Sons of the said Sir P. L Knight of the other party, witnesseth, that whereas R. B. late of S. &c. deceased, by his Indenture sufficient in Law, bearing Recital of a Lease. date the twentieth day of May, in the said twenty second year of the Queens Majesties Raign that now is, did for the considerations in the said Indenture specified, demise, grant, set, and to ferme let unto the said I. L. all and singular his Mannors, Messuages, Houses, Buildings, [Page 80] Orchards, Gardens, Lands, Tenements, Rents, Reversions, and Services whatsoever, in the severall Towns, Hamlets, Feilds and territories of H. S. D. and B. in the said Counties of L. or any of them, to have and to hold the said Messuages, Lands, tenements, Rents, Reversions, Habend of the Reversion assigned. Services, and other the premisses with all and singular their Appurtenances unto the said I. L. his Executors and Assigns indifferently, from and after the death of M. B. the wife of the said R. B. for and during the term of one hundred years then next following, fully to be compleat and ended, yeilding and paying therefore yeatly during the said term of one hundred years, to the said R. B. his heirs and Assigns, a certain yearly rent, and also upon this Condition, amongst other Conditions in the said Indenture contained) that the said I. L. at all and every time and times after the making of the said Indenture upon the request or demand of the said R. B. should lawfully convey and assure, all and singular the premisses with their appurtenances▪ or any part or parcell thereof, to such person or persons as by the said M. B. her Executors or Administrators, should be named or appointed, for and during all such interest and tearm, as then should be unexpired of the said one hundred years, or of such part or portion thereof, as by the said R. should be limited, nominated or appointed, and further, as by the said Indenture more at large it doth, and may appear. Now the said I. L. at the speciall request and desire of the said M. late wife of the said R. deceased, and by her nomination and appointment, and for the performance and accomplishment of the condition above recited, in these presents, and of the trust and confidence Consider. in him reposed by the said R. B. deceased. H. hath granted, assigned and set over, and by these presents doth grant, assign and set over unto the said I. L. his Executors, Administrators, and Assigns, as well the said premisses with the Appurtenances above recited in the Assignment. these presents, and every part and parcell thereof for and during the said term of one hundred years, as also all his estate, right, title, claim, interest, term of years, and demand whatsoever, of in and to the said Indenture above recited in these presents.
To this end and purpose, that the said I. L. his Executors, Administrators or Assigns, shal from time to time and at all times hereafter, at the request of the said M. her Executors, Administrators, or Assigns, grant, assure and convey aswell the said premisses with the Appurtenances, Condition. and every part and parcell therof, for and during the said term of one hundred yeares, or for such Interest or tearm of years as at the time of such request made, shall be therein then to come and unexpired, as also the said Indenture above recited, and all the State, Right, Title, Interest Claim, Tearm of years and Demand whatsoever of the said I. L. his Heirs, Executors, Administrators, or Assigns of, in, and to the said premisses, and every part and parcell thereof. The said premisses [Page 81] of all Grants, Estates, Leases, Charges, and Incumbrances whatsoever, before that time, had, made, or done, by the said I. L. his Executors, Administrators, or Assignes, in any wise, In Witnesse, &c.
A second Assignement of the same Lease.
THis Indenture made the day of J. &c. between I. L. Gentleman, son or Sir P. L. Knight on the one party, and B. widdow sister of the said I. L. and late wife of R. B. late of S. in the county of L. Esquire deceased on the other party, witnesseth; that whereas the said R▪ B. by his Indenture sufficient in the Law bearing date &c. did Recitall. for the consideration in the said Indenture specified, demise, grant, set, and to ferm let unto I. L. one other of the sons of the said Sir P. L Knight, all and singular his Mannors, Messuages, Houses, buildings Orchards, Gardens, Lands, Tenements, Rents, Reversions, and Services whatsoever, in the severall towns, hamlets, feilds, and territories, of R. B. &c. in the said County of L. or in any of them, to have and to hold all and singular the said Mannors, Messuages, Lands, tenements, Rents, Reversions, Services, and all other the premisses, with all and singular the Appurtenances unto the said J. L. his Executors or Assigns immediately from and after the death of the said M. B. for and during the tearm of one hundred years then next following, fully to be compleat and ended, yeilding and paying therfore yearly, during the term of one hundred years to the said R. B. his heirs, and Assigns a certain yearly Rent, and also upon condition amongst other Conditions in the said Indenture contained, that the said J. L. at all and every time and times after the making of the said Indenture, upon the request or demand of the said M. B. should lawfully convey and assure, all and singular the premisses with their Appurtenances or any part or parcell thereof to such person or persons, as by the said M, her Executors Administrators should be named or appointed for and during all such interest and term, as then should be unexpired of the said one hundred years, or for such part or portion thereof, as by the said M. should be limited nominated or appointed, as by the said Indenture more at large doth, and may appear.
And whereas the said I. L. at the speciall request and desire of the said M. B. and by her nomination and appointment, and for the performance & accomplishment of the Condition above recited in these presents, & of the trust and confidence in him reposed by the said R. B. deceased hath by his Indenture bearing date the day of this present moneth of I. granted assigned and set over unto the said I. L. his Executors [Page 82] Administrators and assigns, as well the said premisses with the appurtenances, above recited in these presents, and every part and parcell thereof for and during the term of one hundred years, and also all his Estate, Right, Title, Interest, Claim, Term of years, and Demand whatsoever, of in and to the same, and every part and parcell thereof, together with the said Indenture above recited in these presents, to this end and purpose, that the said I. L. his Executors Administrators and Assigns, should from time to time and at all times from thenceforth at the request of the said M. her Executors Administrators or Assigns, grant assure and convey by his or their Indenture or Deed sufficient in the Law unto the said M. B. her Executors, admistrators and assigns, as well the said Premisses with the Appurtenances, and every part and parcell thereof, for and during the said term of one hundred years, or for such interest or term of years, as at the time of such request made, should be therein then to come and unexpired, and also the said Indenture above recited; and all the Estate, Right Title Interest Claim Term of years, and Demand whatsoever, of the said J. L. his Executors Administrators and Assigns, of in and to the said Premisses and every part and parcell thereof. And further, as by the said Indenture made by the said J. L. to the said J. L. as aforesaid more at large, it doth and may appear. Now the said Io. L. at the request of the said M. B. and for the end and purpose expressed and declared in the said Indenture made by the said J. L. as aforesaid, 2 Assignment, hath granted assigned and set over, and by this present Indenture doth grant assign and set over unto the said M. B. her Executors Administrators and assigns, as well the said premisses with the appurtenances, and every part and parcell thereof, for and during the said term of one hundred years, as also the said Indenture above recited, made by the said R. B. to the said J. L. as aforesaid, and all the Estate Right Title Interest Claim, Term of years, and Demand whatsoever, of the said J. L. of in and to the said premisses, and every part and parcell thereof together with the said Indenture made by the said J. L. to the said J. L. as aforesaid, In witnesse &c.
An Assignment of a Mannor.
THis Indenture made, &c. between G. O. &c. on the one party, Recitall of Letters Patents. and G. D. &c on the other party, witnesseth, that whereas our said soveraign Lady the Queens Majestie by her highness Letters Patents made under the great seal of England, bearing date at G. the &c. in the nineteenth year of her highness most gracious Raign, reciting certain Letters Patents of King Philip, and our late Soveraign Lady [Page 83] Queen Mary, late King and Queen of England, made to one R. B. under their great seal of England, bearing date, the &c. in the fourth and fifth year of their Raignes, and also reciting certain her Majesties former Letters Patents, made to R A under the seal of the Exchequer, bearing date at Westminster, the &c. in the twelfth year of her Highness Raign: Hath demised granted and to Farm letten amongst other things to VV. H. &c. all that her Mannor of I. with all and singular Rights Members and Appurtenances, scituate lying and being in M. in the County of L. to the late Priory of B. now dissolved, somtime belonging and appurtaining, and parcell of the possessions therof, somtime being; And all that her severall Fishings in the River and water of T. and their Isles called the Eights, in the same water, on the side of the County of Berck▪ and all other the Premisses, to the said R. B. by the foresaid Letters Patents, granted demised or letten, with all and singular their Appurtenances: And all and singular Edifices Buildings Barns Stables Dove-courts Orchards Gardens Lands Meadows Feedings Pastures Commons Wasts Champion Grounds Heaths Moors Marshes Waters Fishings Harvest-daies of the Tenants of the said Mannor of B. Profits Commodities Advantages Emoluments and Hereditaments whatsoever, to the premisses or any part therof, in any manner of daies belonging or happening▪ or with them or any of them, for their severall Rents reserved in the said Letters Patents, therfore demised letten used occupied or enjoyed, with all and singular their Appurtenances; And the Reversion and Reversions whatsoever, of all and singular the premisses, by the said Letters Patents before granted, and every parcell therof (except and exception to our said Soveraign Lady the Queen, her Heirs and Successors alwaies reserved. All great Trees Woods Under-woods Wards Mariages Mynes Quarries Court-Leets Views of Frank-pledge Release Harriots Fines Amerciaments Inrents Escheats Goods Chattels and Services of Bond-men, and their Sequells Felons Fugitives Felons of themselves, Dayven to Exigent Condemned and Outlawed Wayses Strayes whatsoever. And all and all manner of Advowsons Churches and Chappels whatsoever, Habend. to the premisses belonging. To have and to hold the foresaid Mannor of I. And all and singular other the premisses to the said R. B. as aforesaid granted demised and letten, with all their Appurtenances, by the said Letters Patents (except before excepted) to the said VV. H. his Executors, and Assigns, from the time wherin the said Letters Patents and Agreements to the said R. B. therof as aforesaid made, by execution surrender forfeiture, or by any other means whatsoever, first and next should happen to be void ended and determined, unto the end and term of one and twenty years, from thence next following, fully to be compleat and ended, yeilding then and from thenceforth yearly to our said Soveraign Lady the Queens Majesty, her Heirs and [Page 84] Successors, 11 l. of lawfull money of England, at the Feast of &c. to the hands of the Bayliff or Receivers of the Premisses, for the time being, by even portions to be paid, during the said term of &c. And to have and to hold the foresaid Fishing called the Eights, and all and singular other the Premisses of the said R. A. demised and letten with their Appurtenances, to the foresaid VV. H. his Executors and Assigns, from the time wherin the said Letters Patents, and grant to the said R. A. as aforesaid made, by expiration surrender forfeiture, or by any other manner of waies whatsoever, first and next should happen to be void ended or determined, unto the end and term of &c. from thence next following, fully to be compleat and ended, yeilding then therfore yearly to our said Soveraign Lady the Queen, her Heirs and Successors, 8 s. &c. at the Feasts of &c. to the hands of the Bayliff or Receivers of the premisses, for the time being, by even portions to be paid, during the said term of &c.
And wheras furthermore by the same Highness Letters Patents there is granted and given by her Highness full power and authority, to the said VV. H. his Executors and Assigns, to have Timber for the Reparations of the houses and Buildings of the Premisses, in and upon her Majesties Wood growing upon the Premisses, to be taken by assignment of her Maiesties Officers, with further power and authority to the said W. H. to have and take Hous-boot Hedg boot Fire-boot Plow-boot and Cart-boot; As by the said Letters Patents granted to the said W. H: more at large it doth and may appear. The Interest Estate Right Use Possession Reversion Claim and Demand whatsoever, of him the said W. H. of, in, and to the said Mannor of I. with the Rights Members and Appurtenancrs, and of, and into the said Fishings in the River and water of Thames, and in the Isles called the Eights, in the same water, and of, in, and to all other the Premisses with all and singular their Appurtenances before in these presents recited, which one I. M. and E. Ʋ. Gentlemen, lately had and enjoyed, as by one Indenture under the hand and seal of the said W. H. beating date &c. amongst divers other Covenants Grants and Agreements therin contained, more plainly may appear.
And wheras also the said I. M. and E. Ʋ. by their Indenture under Recitall of an assignment. their hands and seals, bearing date &c. for the consideration therin specified, did bargain sell assign and set over unto G. O. &c. all the Estate Right Title Use Possession Reversion Term of years Claim and Demands whatsoever, which they the said I: M. and E. Ʋ. or either of them, had, or hath, or ought to have or claim, of, in, and to the said Mannor of I. with the Rights Members and Appurtenances, and of, in, and to the said Fishings in the River and water of T. and in the Isles called the Eights in the same water, and all other the Premisses, with all and singular their Appurtenances, and of, in, and to every part and [Page 85] parcell therof, together with the said Letters Patents, to the said W. H. made and granted as aforesaid, and the said Indenture of Assignment above mentioned, and one Obligation or Writing obligatory, wherin the said W. H: standeth bound to the said I. M. and E. Ʋ. in the sum of &c. with Condition therupon endorsed, touching the performance of the Covenants Grants Conditions and Provisoes, mentioned and contained in the said second recited Indenture. To have hold occupy possess and enjoy the said Mannors Messuages Lands Tenements Fishings, and Habend. the said three Isles called the Eights, and all and singular other the premisses, and every part and parcell therof; and the said Estate Right Title Interest Use Possession Reversion Claim and Demand of them the said I. M. and E. Ʋ. and of either of them, of, in, and to the same, together with the said Letters Patents, Indenture o [...] Assignment, and Writing Obligatory aforesaid, unto the said G. his Executors Administrators and Assigns, in as large ample and beneficiall manner and form, to all intents and purposes, as they the said I. M. and E. Ʋ or either of them, might could should or ought to have and enjoy the said premisses, by force and virtue of the said Indenture, or otherwise, as by the same last recited Indenture of Bargain and Sale, more plainly also appeareth.
Now this Indenture further witnesseth, that the said G. O. for and in The [Grant. consideration of the sum of &c. to him in hand, at and before the ensealing and delivery of these presents, by the said G. D. well and truly contented and paid, wherof and wherwith he acknowledgeth himself fully satisfied and paid; And therof, and of every part and parcel therof, doth clearly acquit and discharge the said G. D. his Executors and Administrators, and every of them for ever, by these presents, hath bargained sold given granted assigned and set over, and by these presents, doth plainly and clearly bargain sell give grant assign and set over unto the said G: D. all the Estate Right Title Interest Use Possession Reversion Term of years Claim and Demand whatsoever, which he the said G. O. or any other person or persons to his use, have, or hath, or of right ought to have or claim, of, in, or to the said Mannor of I. with the Rights Members and Appurtenances, and of and in and to the said Fishings, in the River and water of Thames, and in the Isles called the Eights in the same water, and all other the premisses before mentioned, with all and singular their Appurtenances, and of, in, and to every part and parcell therof, together with the said Letters Patents to the said W. H. made and granted as aforesaid, and the said Indenture of Assignment above mentioned, and the said Obligation, or Writing Obligatory, wherin the said W. H. standeth bound unto the said I. M. and E. Ʋ. in the sum of &c. for the performance of the Covenants Grants Conditions and Provisoes mentioned in the said Indenture: To have hold occupy possess and enjoy the said Mannor Messuages [Page 86] Lands Tenements and Fishings, and the said three Isles called the Eights, and all and singular other the premisses with the Appurtenances, and every part and parcel therof: And the said estate right Title Interest Use Possession Reversion Claim and Demand whatsoever, of him the said G. O. of, in, and to the same, together with the said Letters Patents and Indentures, and Writing Obligatory aforesaid, unto the said G. D. his Executors Administrators and Assigns, in as large ample and beneficiall manner and form, in every thing and things, and to all intents and purposes, as he the said A. B. may might should or ought to have and enjoy the same premisses, by force and virtue of the said Letters Patents, recited Indentures, or otherwise by any waies or means whatsoever.
And the said G. O. for him his Executors Administrators and Assigns, Covenant for quiet enjoying. Covenanteth and Granteth, to, and with the said G. D. his Executors Administrators and Assigns, by these presents, That he the said G. D. his Executors Administators and Assigns, shall or may from henceforth during the said term of, &c. peaceably and quietly, have, hold, occupy and enjoy the said Mannor, Messuages, Lands, Tenements, Fishings, and all and singular other the Premises with their appurtenances, and every part and parcel therof, clearly acquitted, discharged or otherwise saved and kept harmless by the said G. O. his Executors Administrators or Assigns, or some of them, of, and from all and singular former Bargains, Sales, and Gifts, Grants, Leases, Assignments, Forfeitures, Charges, Rents, Arrerages of Rents, Reentries, Cause and Causes, Forfeiture and Reentry, and of, and from all, and every other charges, titles, troubles, and Incumbrances whatsoever, the Rent, Covenants and payments contained and specified in the said Letters Patents on the Tenants part and behalf, from, and after the ninth day of, &c. next ensuing, &c. only exceptance reserved. And furthermore, that he the said G. O. and the said I. M. and E. W. and every of them their Executors and Administrators, and every of them, shall A Letter of Atturney to sue up the bond assigned. from, and after the ninth of, &c. and at all times then after, and from time to time at the costs and charges in the Law of the said G. D. his executors administrators and assigns, permit and suffer the said G. D. his executors administrators or assigns, to attempt, sue and prosecute all, and every such lawful Action and Actions, Plaints, Pleas, Processes, Judgements and Executions as he the said G. D. his executors adminitors or assigns shall think meet or convenient to attempt, commence, sue, or prosecute in the name of them the said I. M. and E. VV. their executors or administrators for, or upon the said Obligation or Deed Obligatory of, &c. by reason of any breach or not performance of the Covenants, Grants, Articles or Agreements in the said first recited Indenture of Assignment expressed and specified without being non suit or willingly, nulling any discontinuance release, or other discharge of, [Page 87] or for the same Actions, Suits, Judgments or Executions, or any of them without the consent and agreement of the said G. D. his executors administrators or assigns. And also, that neither he the said G. O. nor the said I. M. or E. W. or any of them have released or discharged, nor that they the said G. O. I. M. or E. VV. or any of them, their executors or administrators hereafter shall release or discharge the said Obligation of, &c. wherein the said W. H. standeth bound, as aforesaid, nor any of the Covenants, Grants, Articles or Agreements in the said first recited Indenture contained without the speciall assent or consent of the said G. D. his executors or administrators first had and obtained in Writing under his or their Hand and Seal; and also, that he the said G. D. his executors administrators and assigns, shall or may Recover, Take, Receive, and Enjoy to the only use of him the said G. D. his executors administrators and assigns, all and every sum, or sums of money, and other benefits as shall be Recovered. Obtained, or Gotten, upon, or by reason of the said Actions, Suits, Judgments and Executions, or any of them without any manner of Let, Interruption, or Disturbance of the said G. O. I. M. or E. W. their, or any of their executors and administrators, and without any Account, Reconing, or other thing therefore by the said G. D. his executors administrators or assigns, to be yeelded, made, or done, provided alwayes that and the said G. D. for him his executors administrators and assigns, and every of them, Covenanteth, Granteth, and Agreeth to, and with the said G. O. his executors administrators and assigns by these presents, That if the said G. O. his executors administrators or assigns, or any of them do well and truly pay, or cause to be payd unto the said G. D. his executors administrators or assigns, or any of them the sum of &c. in the said ninth day, &c. which shall be &c. at, or, in the now dwelling house of the said G. D. Scituate and being, &c. between the hours of &c. without fraud or further delay, That then, as well this present Indenture of Bargain and Sale, as also one single Obligation of the date hereof, wherein the said G. O. standeth bound and surely holden unto the said G. D. in the sum of, &c. payable in the, &c. which shall be, &c. utterly void and of none effect in the Law to all intents and purposes, and that then the said G. D. his executors or assigns, shall after the full Payment and Receit of the said sum of, &c. at the day, time and place above mentioned, well and truly redeliver, or cause to be redelivered unto the said G. O. his heirs executors or assigns the foresaid Letters Patents, Indentures of Assignments, and the said recited Writing Obligatory of the sum of, &c. and this present Indenture, and the said single Obligation wherein the said G. O. standeth bound unto the said S. D. in the sum of, &c. which shall be Cancelled and made void without fraud or coven, provided alwayes, if default be made or had in the payment of the said sum, &c. contrary to the Form, [Page 88] Effect, true Intent and Meaning of these Presents, then this present Grant and Assigment of the Premises and the said single Obligation, &c. thereof made, and all other Writings concerning the same, shall stand, abide and remain to the said G. D. his executors administrators and assigns, absolutely without any manner of condition in full strength and vertue. In witness whereof, &c.
An Assignment of a Bond.
THis Indenture made &c. between Sir J. S. and H. D. on the one party, and J. S. on the other party, witnesseth, that wheras H. F. by his Obligation by him sealed and delivered as his Deed, bearing date &c. is, and doth stand holden and firmly bounden unto them the said I. S. and H. D. in 250 l. of lawfull money of England, to be paid unto the said I. S. and H. D. or their certain Attorney or Executors, with Condition indorsed upon the said Obligation, of, and for the true payment of the sum of &c. and further as by the said Obligation and Condition more fully appeareth.
Now this Indenture witnesseth, that they the said I. S. and H. D. Consideration. for divers good reasonable and lawfull causes and considerations them therunto moving, have bargained granted assigned and set over, and by these presents, for themselves their Executors Administrators and Assigns, do bargain grant assign and set over unto. &c. the said Bond Obligation or Writing Obligatory of 250 l. and all the Estate Right Title Debt Benefit and Profit of the same, which they the said I. S. and H. D. or either of them, now have, or ought, or be intituled to have in or to the same: And all the Profit Debt and Benefit of the said Bond Obligation or Writing Obligatory of 250 l. And also all and singular Debts Duties Penalties sums of money, and all other duties whatsoever contained mentioned or specified, and which is or shall be in right and equity due or payable, by force of or upon the same: To Assignment: have and to hold unto the said I. S. her Executors and Assigns, to the only proper use behoof and benefit of the said J. S. her Executors and Assigns: And they the said J. S. and H. D. for themselves, their Heirs Executors Administrators and Assigns, do covenant and grant by these presents, to and with the said J. S. her Executors and Assigns, that the said Bond Obligation or Writing Obligatory of 250 l: is already Covenant that the bond is forfeited. forfeited by the non-payment of the said sum of 120 l. And that the said Bond Obligation, or Writing Obligatory of 250 l. and all and every sum and sums of money, penalty forfeitures debts and duties in the same contained or mentioned, at the time of the ensealing and delivery here of, are not, nor is not by the said J. S. nor by any other by his [Page 89] consent to his knowledge, received released discharged levied executed That it neither is or shall be released by &c. That the Obligee shall not release. or satisfied. And that he the said Io. S. his Executors Administrators and Assigns, nor any of them, shall not at any time or times hereafter, release discharge or make void the said Bond Obligation, or Writing Obligatory of 250 l. nor otherwise any sum or sums of money penalty forfeiture debt duty covenent or grant, in them or any of them contained or mentioned, neither that any person or persons, by the assent assignment or consent of the said Io S. his Executors Administrators and Assigns, other then the said Ia. S. her Executors or Assigns, Deputy or Deputies authorized, and such person and persons as shall be authorized by these present Indentures, shall commence and prosecute any Action or Actions, Suit or Suits, for by or upon, or by reason of the said bond or Writing Obligatory, or for by and upon any sum or sums of money, or other debt or duty in the same contained, either against the said H. F: his Executors Administrators or Assigns, or any of them or any other person or persons, claiming or holding, in by or under, the Right and Title of the said H. F. or any of them, or any of their goods or chattels, or their, or any of their bodies, Lands Tenements and Hereditaments, within the Realm of England, nor otherwise shall have enjoy take challenge or demand to his own use and benefit, debt or profit, in of or upon, touching or concerning the said Bond Obligation or Writing Obligatory of 250 l. or any sum or sums of money, debt penalty or other duty, to be due or payable, by or by force of the same, or touching or concerning any other of the premisses, without the speciall licence agreement and consent of the said Ia S. her Executors Administrators or Assigns, or some of them first had and obtained in Writing.
And further also for the better strengthning and coroborating of Letter of Attorney. the said grant and assurance of the Premisses, the said Io. S. for himself his Heirs Executors Administrators and Assigns, and every of them as well hath constituted ordained deputed and in his place put, and by these presents, doth constitute ordain depute, and in his place put the said Ja. S. his true lawfull and irrevokable Attorney, as also doth further grant to and for the said Ja. S. her Executors Administrators and Assigns, that it shall and may be lawfull to and for the said Ja: S: her Executors Deputy Attorney and Assigns and every of them, at all times hereafter, and from time to time, for and untill execution be had upon the said Bond Obligation, or Writing Obligatory of 250 l. at her free will and pleasure, for and in the name and names of the said Io. S. and to the only use of the said Ia. S. her Executors and Assigns, and at the only costs and charges in all points of the said Ja. S. her Executors Administrators and Assigns, lawfully to arrest sue or implead the said H. F. his Executors and Assigns, and all and every other person and persons needful, and as the same shall permit for and upon the said recited [Page 90] Bond, Obligation, or Writing Obligatory of 250 l. and otherwise to commence prosecute and follow, any lawfull proces suit action plaint plea or information in any Court or Courts whatsoever, and before any Judge or Judges whatsoever.
And likewise also to plead any plea or pleas, and to proceed and joyn any Issue or Issues, and therupon to pray Judgment and Judgments, and sue and take lawfull execution and executions, extent and extents whatsoever, for and in the name and names of the said J. S. his Executors Administrators and Assigns, by or upon the said Obligation, or Writing Obligatory of 250 l. for any paine penalty forfeiture sum or sums of money, or other debt duty or demand therin contained mentioned or specified against the said H. F. his Executors Administrators or Assigns, or any of them, and against all and every other person and persons needfull, as the Law shall permit, and against their and every of their bodies, and likewise against their and every of their Lands Tenements Hereditaments Goods and Chattels, of for and concerning the levying payment and satisfaction of the said Bond Obligation, and Writing Obligatory, and all and every the sum and sums of money, and other the debts duties penalties and forfeitures therin contained or mentioned, and therby or by force therof to be due and payable for and during, and untill such time as the same shall be fully and truly satisfied and discharged and recompenced unto the said J. S. her Deputy Attorney Executors and Assigns.
And the said J. S. doth further covenant and grant, for himself his To avow Suits upon the bond. Executors Administrators and Assigns by these presents, to and with the said J. S. her Executors Administrators and Assigns, that he the said J. S. his Executors Administrators and Assigns, and every of them, shall and will from time to time, and at all and every time and times hereafte [...], at the only costs and charges in all points of the said J. S: her Executors Administrators and Assigns, avow justifie and maintain, all and singular the said lawfull Arrests Suits Processes Actions Plaints Pleas Issues Judgments Executions and Extents so to be made commenced prosecuted followed prayed or taken as aforsaid. And also that he the said J. S. his Executors Administrators or Assigns, Not to be non-suit, or released. or any of them, shall not wittingly nor willingly be non-suit in any such Action or Actions, Suit or Suits, Plea Plaint or Process, nor otherwise delay release determine discontinue, or otherwise make frustrate or void, any such Suit or Suits, Proces or Processes, Action or Actions, Plaint or Plaints, Plea or Pleas, Issue or Issues, Judgment or Judgments, Execution or Executions, Extent or Extents whatsoever, or any proces or proceedings before, by these presents indented, or specified to be therupon taken or pursued, nor otherwise shall nor will by any waies or means whatsoever, disagree unto, revoke or countermand the same, or any lawfull grant clause matter assignment or authority, limitted [Page 91] granted given appointed, in or by these presents, or therby mentioned, or truly intended, or any part or parcell therof in any wise.
And further also, that the said Ja. S. her Executors Administrators and Assigns, and every of them shall and may from time to time, and at all and every time and times hereafter, levy take receive have hold possess and enjoy, to their sole only and proper use and behoof as aforesaid, all and singular sum and sums of money, Lands Tenements Hereditaments Goods and Chattels, Advantages and Commodities whatsoever, which at any time or times hereafter, shall be lawfully had levied extended adjudged or recovered, by any lawfull waies or means whatsoever, by force of the said Bond Obligation, or Writing Obligatory of 250 l. or any matter or thing in these presents contained.
And further also, that he the said Ja. S. his executors administrators Further assurance. and assigns, shall at all time and times hereafter upon reasonable request to him or them to be made by the said Ja. S. her executors administators or assigns at the costs and charges in the Law of the said Ja: S. her executors or assigns, make, do, and suffer to be done, all and singular further lawful and reasonable act and acts, thing and things, conveiance and conveiances in the Law, as by the said Ja: S: her executors administrators or assigns, or any of their Councel learned shall be reasouably devised, advised or required. So as, &c. for the sure Making, Granting, Passing and assuring, unto the said Ja. S. her assigns of the said bond, and of all sums of money therby to be due or payable, and also of all and singular such Lands, Tenements, Hereditaments, Goods and Chattels of any person or persons which shall be extended, recovered, had, or taken in Execution, by or upon any Suit, Judgment, or Execution to be had or given, by, or upon the said bond, and of all other debts, advantages, profits and commodities, which shall, or may grow, come, or be by having of the body of the said H. F. his executors administrators or assigns, in prison upon any action or Execution by force of the said Bond and Obligation of 250 l. or in any matter or thing in these presents contained or mentioned.
And lastly, the said Jo. S. for himself, his &c. doth further covenant To release, compound, or agree &c. grant and fully agree to and with the said Ja. S. her Executors Administrators and Assigns, and to and with every of them by these presents, that she the said Ia. S. her Executors and Assigns, for any act heretofore done, or hereafter to be done by the said Io. S. his Executors or Administrators, shall or may have full power and authority by virtue of these presents, either in her own name (if Law will so permit) or otherwise in the name of the said Io. S. his Executors and Assigns, at her will & pleasure, to release discharge compound or agree with any person or persons to whom it shal appertain, or be thought expedient or needful, of for or concerning the said Bond Obligation, or Writing Obligatory [Page 92] and for and concerning any sum or sums of money, debt penalty forfeiture duty benefit execution extent advantages profit and commodity whatsoever, of the said Bond and Obligation of 250 l. aforesaid, or of for or concerning any other the premisses covenanted promised agreed as signed or set over, or authorized to be levied taken or raised therupon, In witness &c.
A very good Assignment of a Lease.
THis Indenture made &c. between A. B. &c. of the one party, and C. D. of the other party, witnesseth, That wheras H. A. deceased, by the name of H. A. of W. in the said County Gentleman; by his Indenture of Lease under his hand and seal, bearing date the first day of May, in the thirty eighth year of the Raign of our late Soveraign Lady, Queen Elizabeth of England &c. for the considerations therin mentioned, did demise grant betake lease set and to Ferm-let, unto the said C. D. and his Assigns, all that and those the Messuage and Tenement with the Appurtenances in B. &c. called R. house, then or late in the Tenure, holding or occupation of A. B. Father of the said A. B. or of his Assignee or Assigns, or by what other name soever the said Messuage was then called or known &c. To have and to hold the said Messuage and Tenement, and all and singular the said Edifices Houses Buildings Yards Orchards Gardens Closes Inclosures Fields Meadows Pastures Parcels of Land, and all other the premisses, with the appurtenances before therin mentioned to be demised whatsoever, and the Reversion and Reversions therof unto the said A. B. his Executors Administrators and Assigns, from and immediatly after the decease of the said A B I. A. and Ann. A. unto the end of the term, and for and during all the whole term time and space of one and forty years then next and immediatly following, fully to be compleat ended and determined, without impeachment of any manner of Wast, for building in or upon the premisses, or for digging or getting of Marle, or of any manner of Under-wood, to be spent and bestowed in and upon the premisses and not elsewhere; yeilding and paying therfore yearly during the said term of one and forty years, from and after the commencement therof to the said H. A. his Heirs and Assigns, the yearly Rent of 13 s. 4. d. of &c. at the Feast daies of the Nativity of Saint Iohn Baptist, and the Birth of our Lord God, by even portions, the first day of payment therof to commence and begin at such of the said Feasts as should chance to be next after the death of the Survivor and longest liver of them the said &c. and further as in and by the said Indenture of Lease, relation therunto being had, may more plainly and at large appear.
And wheras the said H. A. Alice A. then wife of the said H. and E. Son and Heir apparent of the said H. for the more better confirming of the said Indenture of Lease, and the Estate and Term therin and therby granted, have by their Indentures of Covenants, bearing date the second day of May, in the said thirty eighth year of the Raign of our late Soveraign Lady Queen Elizabeth, for the considerations therin mentioned covenanted and agreed to and with the said A. B. his Executors and Assigns, that they the said H. A: Alice then his wife, and the said E. A. the Son, should at the next Assises or generall great Session for pleas then to be holden at Lancaster, before the Justices or Justice of our said late Soveraign Lady Queen Eliz. her Heirs or Successors there for the time being, levy and acknowledge a Fine Sur Connizance de droit come ceo &c. with proclamations in due from of Law, to I. W. and I. S. and their Heirs, as that which they had of the gift of the said H. A. and E. Son of the said Humphrey, of and in all and singular the said Messuage and Tenement, and all and singular other the premisses with the Appurtenances, comprised and mentioned in the said Indenture of Lease, by the name of one Messuage, two Gardens, eighteen acres of Land, six acres of Meadow, and seven acres of Pasture, with the Appurtenances in Billing: And it was therby further agreed by and between all the said parties, that the said fine so to be levied and acknowledged, as is aforesaid, at all times after the levying and ingrossing therof, and the Lands and Tenements therin to be contained, should be to the uses of the said A. B. and his Assigns, for and during all the term of one and forty years, mentioned in the Indenture of Lease, with other uses therin expressed. And immediatly after the determination of one and forty years, then to the use of the said H. A. his Heirs and Assigns for ever. And further as in and by the said last recited Indentures (relation being therunto had) may more at large appear.
And wheras a Fine was levied in the Court of our said late Soveraign Lady Queen Elizabeth, at Lancaster, upon Tuesday the tenth day of August, in the year of the Raign of our said late Soveraign Lady Queen Elizabeth &c. the 38. before her Majesties then Justices at Lancaster, and others, between the said I. W. and I. S. Plaintiffs, and the said H. A. Gentleman, and Alice his wife, and Ed. A. Son and Heir apparent of the said H Deforciants, of one Messuage, two Gardens, eighteen acres of Land, six acres of Meadow, and seven acres of Pasture, with the appurtenances in B. as by the said Fine more at large it doth and may appear.
Since the making of which said Indenture of Lease the said I. A. and Anne A are dead.
Now this Indenture further witnesseth, that the said A▪ B. for and in consideration of the sum of sixty pounds of good &c. to him in hand paid by the said C. D: at and before the ensealing of these presents, [Page 94] wherof and wherwith the said A. B. doth hereby acknowledge himself well and truly satisfied and paid, and therof, and of every part and parcell therof, doth clearly acquit exonerate and discharge the said C. D. his Executors Administrators and Assigns, and every of them for ever by these presents, Hath given granted assigned and set over, and by these presents, doth fully and absolutely grant assign and set over unto the said C. D. his Executors Administrators and Assigns, all and every the said Messuage and Tenement Lands and Premisses &c. together with the recited Indenture of Lease, and all the Estate Right Title Interest Common Right Power Possibility Claim and Demand whatsoever, which the said A. B. now hath or ought to have, or can or may by any waies or means hereafter, ask challenge or demand, of in or to the said Messuage and Tenement Lands and other the premisses before mentioned, or of in or to all or any part or parcell therof, and the Reversion and Reversions Remainder and Remainders of all and every the said Premisses with the appurtenances whatsoever: To have and to hold all and every the said Messuage and Tenement, Lands Tenements and Hereditaments, and all other the premisses whatsoever hereby granted, meant or mentioned to be granted, with all and singular their and every of their appurtenances, and every part and parcell therof, together with the said Indenture of Lease: and all the Estate Right Title Interest, Right Power Possibility Claim and Demand whatsoever, which the said A. B. hath or ought to have, or can or may by any means, ask challenge or demand, of in or to the said Messuage and Tenement, Lands or other the premisses, with the appurtenances, or of in or to any part therof, and the Reversion or Reversions, Remainder and Remainders, of all and every the said premisses to the said C. D. his Executors Administrators and Assigns, from and immediatly after the death and decease of the said A. B. unto the end of the term, and for and during all the whole term time and space of one and forty years then next and immediatly ensuing and following, fully to be compleat ended and determined, without impeachment of any manner of Wast for building in and upon the said premisses, or any part therof; or for digging or getting of Marle, or of any manner of Under-wood to be spent and bestowed in and upon the said premisses, or some part therof, in as full large ample and beneficiall manner and form, to all intents and purposes, as the said A. B. might or could in any wise have held and enjoyed the same, Yeilding and paying therfore yearly during all the term hereby granted to the Heirs of the said H. A. the yearly Rent of 13 s. 4 d. currant &c. at such feasts and times as in the said Indenture of Lease is mentioned and declared.
And the said A. B. for himself, his Executors Administrators and Assigns, doth covenant and grant to and with the said C. D. his Executors Administrators and Assigns, and to and with every of them by [Page 95] these presents, that he the said A. B. now hath full power good and lawfull authority to grant and assign the said Messuage and Tenament, and all other the said premisses with the appurtenances, to the said C. D his Executors Administrator and Assigns, for and during all the term hereby granted, in manner and form aforesaid: And that he the said C. D. his Executors Administrators and Assigns, shall and may at all times, during the term hereby granted, and according to the true and plain meaning of these presents, peaceably and quietly have hold occupy and enjoy all and every the said Messuage and Tenement, Lands and other the premisses with the appurtenances, without any manner of let stop suit trouble ejection eviction interruption or disturbance of the said A. B. his Executors Administrators or Assigns, or any of them, or of any other person or persons whatsoever, and also acquitted exonerated discharged or otherwise well and sufficiently saved and kept harmless, of and from all and all manner of former and other Bargains Gifts Grans Assignments Joyntures Dowers Judgments Executions Forfeitures, and of and from all other charges and incumbrances whatsoever, had made suffered or done, or hereafter to be had made suffered or done by the said A B. his Executors Administrators and Assigns, or any of them, or by any other person or persons whatsoever.
And the said A. B. for him his Executors Administrators and Assigns, doth covenant and grant to and with the said C. D. his Executors Administrators and Assigns, and to and with every of them by these presents, that he the said A. B. shall and will at all times hereafter, and from time to time, during the naturall life of the said A. C. at the reasonable request costs and charges in the Law of the said C. D. his Executors Administrators, or Assigns, do, make knowledge and execute, or cause to be made done &c. all and every such further act and acts, thing and things, conveyance and conveyances, assurance and assurances in the Law whatsoever, for the further assurance surety and sure making and conveying of all and every the said Messuage and Tenement, Lands and other the premisses before mentioned, with the appurtenances, and every part therof to the said C. D. his Executors Administrators and Assigns, for and during all the term hereby granted, as by the said C. D. his Executors Administrators and Assigns, or any of them, or his or their Councell learned shall be reasonably devised advised and required.
And that he the said A. B. shall and will at all times hereafter, and from time to time, so often as need shall require, during the naturall life of the said A. B. upon his and their own proper costs and charges, wel and sufficiently repair maintain and uphold all the houses and buildings, hedges and ditches, now in the occupation of the said A. B. and being parcell of and belonging to the said Messuage and Tenement, and the same so repaired in good and Tenantable repair, shall and will [Page 96] leave and yeild up at the death of the said A. B. And the said C. D. for him his Executors Administrators and Assigns, doth covenant and grant, to and with the said A. B. his Executors Administrators and Assigns, and to and with every of them by these presents, that he the said C. D. his Executors Administrators and Assigns, shall and will peaceably and quietly permit and suffer Ellen B. now wife of the said A. B. her Assigns to have &c. all and every that and those Buildings, and parcels of Buildings, Lands and Premisses hereafter mentioned, scituate in B. aforesaid, and being parcell of and belonging to the said granted Messuage and Tenement (that is to say) all that Building called the Parlor, with all the Rooms over and above the same, and all that part of the Chamber next adjoyning to the said Parlor, as tis now divided at the Sommer therof, with liberty to Bake and Brew in the Kitchin, and to fetch water at the Well, and free way and passage into, and from the said Parlor and Kitchin: And also that one Bay, or binding of Building with a peece of a Bay therunto adjoyning, standing in the East end of the Barn, and liberty in the Threshing Bay to Thresh is, winnow, load, or unload, any manner of Corn, or Straw, with other Necessaries in the same, and liberty and free way of passage, with Carts, Carriages on Horse-back, and on foot, into, and from the same &c.
And moreover the said A. B. for the considerations aforesaid, hath given granted bargained and sold, and by these presents doth freely and absolutely give grant bargain and sell unto the said C. D. all the Glass and inner Doors standing in the dwelling house belonging to the said Messuage, and in all other Chambers and Rooms belonging therunto, and all the Shelves and Fourmes, as the same are now standing in the dwelling house and rooms aforesaid, and all that Brass-Pan now used for a Furnace: To have &c. all and every the said Goods and Chattels before mentioned to the said A. B. his Executors &c. from the date hereof for ever.
Provided, and it is agreed by and between the said parties, that the said A. B. and Ellen his wife, shall have the usage of the said Goods, during their naturall lives and the longest liver of them, the same parcells of Goods standing and so shall remain and stand in the same places where they now stand, In witness wherof &c.
An Assigment of a Lease, with Covenants to transfer the benefit of the Covenants in the Lease, and of the Bond upon the same.
THis Indenture, &c. between E. N. on the one party, and R. B. on the other party; Witnesseth, That whereas A. M. Esquire Sun Recita. and Heir of Sir R. M. Knight, late Citizen and Alderman of L. dedeased, by his Indenture of Lease bearing date the fifth of July, &c. Did Demise, &c. to the said E. N. all that Messuage or Tenement, called the Sign of the Falcon, &c. Scituate, &c. except and reserved out of the said Lease, &c. to have, &c. yeilding &c. as by, &c Now the said E. N. Assignment. for, and in consideration of the sum, &c. whereof &c. hath bargained, sold, assigned, and set over, and by these Presents, &c. unto the said R. B. as well the said Indenture of Lease as also all the Estate, Right, Title, Interest, Use, Possession, Reversion, term of Years, Claim and Demand whatsoever, which he the said E. N. hath or ought to have, to, of, or in the said Messuage or Tenement, Shops, Cellars, Sollers, Ware-houses, and to, of, and in all and singular other the Premisses with the appurtenances, and to, of, and in every part and percel thereof, together with all Rents and yearly Profits reserved upon any Demise, Lease or Grant which the said E. hath made of the Premisses, or of any parcel thereof: To have and to hold all and singular the Premisses Habe [...]d. before by these presents bargained, sold, assigned, and set over unto the said R: B: his Executors administrators and assigns, from the day of the date of these presents, for, and during, and unto the full end and accomplishment of all the residue of the years that are now to come and unexpired of the said term of thirty years, in as large and ample manner and form in every respect as the said E. may, can, might, should, or ought to have and enjoy the same by vertue of the said Indenture of Lease, or by any other wayes or means whatsoever.
And the said E: N: Covenanteth, &c. that the said Messuage or Covenant to discharge of In [...]umbrances. Tenement, Shops, Cellars, Sollers, Ware-houses, and all and singular other the premisses with their appurtenances, and every part and parcel thereof at the ensealing and delivery of these presence are and be, and so from henceforth lawfully may be, remain, and continue unto the said R: B: his executors and assigns, for and during all the residue of the said term of thirty years that are now to come and not expired, free and clearly acquitted, exonerated, discharged, or otherwise by the said E: N: his executors or assigns, at all times saved or kept harmless, of, and from all and singular former Bargains, Sales, Gifts, Grants, Leases, Rents, arrerages of Rents, Re-entries, Forfeitures, and of and from all and every other charges, troubles and incumbrances whatsoever, had made committed, or done by the said E. or by any other [Page 98] person or persons by or under his Estate, Right or Interest, the foresaid yearly rent of &c. reserved by the said Indenture of Lease and other Exception. the Covenants, Grants, Articles, and Agreements in the same Lease contained, which on the part and behoof of the said E. his executors administrators and assigns, and every, or any of them from henceforth are or ought to be paid, observed, performed and kept; And also one Lease which heretofore the said E. hath granted by his Deed indented, bearing date &c. to I: W: &c. of a Shop percel of the premisses for the term of &c. which did commence at the Feast &c. next insuing the date of the same Lease, and upon which Lease the yearly rent of 6 l. of lawfull &c. is reserved, and during the continuance therof from henceforth shall be due and payable to the said R. B: and his Assigns for any act had made or done by the said E: N: only except and foreprised.
And further the said E: N: Covenanteth &c. in manner and form following, that is to say, That he the said R: B: his executors administrators and assigns at his and their own proper costs and charges without any Nonsute, Release, Retraxit or other Let, Prejudise or Interruption of him the said E. his Executors Administrators or Assigns, not only shall and may have, pursue and maintain in the name of the said E. his Executors or Administrators, all and every Action and Sute, Judgment and Execution, upon all and every Bond, Covenants, Grants and Agreements whatsoever made unto him the said E. touching or concerning the Premisses or any part thereof, but also that he the said R. his Executors and Assigns, shall, or may have and enjoy the full effect, advantage and commodity of all and every such Bond, Covenant, Action, Sute, Judgment and Execution to his and their own use for any Deed or Thing whatsoever, had made committed or done, or to be had &c. by the said E. his Executors or Administrators. And that he the said E. heretofore hath not released, discharged, or acquitted, or his Executors or Administrators shall not release &c. hereafter any the Covenants, Grants, Agreements or Bonds aforesaid without the request and consent of the said R. B. his Executors Administrators or Assigns. And for the better prevailing in all and every the Sutes, Judgments and Executions aforesaid, shall, and will avouch and allow of all and every the said Sutes, Judgments and Executions which the said R. his Executors Administrators or Assigns, shall bring and presecute against any person or persons upon any the Covenants, Grants, Agreements and Bonds aforesaid, or any of them, either in the Name or Names of the said E. N. his Executors or Administrators, or To save the Assignor from all rents, &c. any of them; and the said R. B. Covenanteth &c. That he the said R. his Executors Administrators and Assigns shall at all times hereafter, and from time to time clearly acquit, discharge, save and keep harmless the said E. his Executors and Administrators, against the said A. M. [Page 99] his Heirs and Assigns, and all others, as well of, and for the payment of the said yearly rent of &c. reserved by the said Indenture of Lease which from henceforth shall grow due to be paid by vertue of the same Indenture, as also of, and for all and every Covenant, Grant, Article and Agreement comprised or specified in the said original Indenture of Lease, which on the party and behalf of the said E. his Executors Administrators and Assigns, and every, or any of them from henceforth shall of right accrue, or grow to be performed or kept according to the purport and true meaning of the said Indenture of Lease, and also of, and from all and every Bond and Specialty made by the said E. to the said A. M. for performance of the Covenants, Grants, and Agreements comprised in the said original Indenture of Lease; And the said E. N. Covenanteth &c. That he the said R. his Executors Administrators and Assigns, shall, or may have, hold, and enjoy the said Messuage &c. and all other the Premisses above by these presents bargained and sold, for and during all the residue of the said term of &c. now to come and not expired by and under the payment of the said yearly rent of &c. and the performance of the Covenants and Agreements aforesaid contained in the said Indenture of Lease hereafter to grow due to be paid and performed on the behalf of the said E. and his Assigns without any Let or Impediment to happen by the said &c. or by reason of any Act or Thing heretofore by him or his assigns done, caused, or committed, The said Lease made to the said J. W. only except. In Witness &c.
An Assignment of two Leases.
THis Indenture, &c. Witnesseth, That whereas &c. And whereas moreover &c. the said T. T. in consideration &c. hath bargained, sold, aliened, transported, assigned and set over, and by these presents, &c. unto the said H. W. his Executors Administrators and Assigns, to the proper use and behoof of the said H. VV. his Executors Administrators and Assigns, as well the said two several Indentures of Leases above recited, and either of them, as also all and every the right, title, estate, interest, term and terms of years, claim and demand, that he the said T. T. hath, should, may, might or ought to have, or claim of, in, and to the said Tenemant &c. and all and singular other the premisses by the said several Indentures of Leases, or either of them severally demised, with all and every their appurtenances by vertue or means of the same several recited Indentures of Leases, or either of them, or any Thing or Things in them, or either of them contained or mentioned or otherwise. And the said T. T. Covenanteth &c. that [Page 100] the said severall Indentures of Leases and either of them, and also all and every the severall premisses by them or either of them demised, or letten, and every part and parcell therof, shall from time to time and at all times hereafter, remain, continue, and be unto the said H. W. his executors administrators and assigns, according to the true meaning and intent of this present Indenture, for and during all the residue of the said severall terms of years, in the same severall Indentures of Leases severally mentioned or expressed, free and clearly discharged, or otherwise by the said T. his Executors &c. sufficiently saved harmless, of and from all and singular former Bargains &c. had made done and committed by the said T. or by any other person or persons, by his assent, title, or procurement, the Rents and Covenants in the said Indentures of Leases, or either of them contained or specified, and every of them from henceforth to be due, paid, performed, or done, for the severall premisses aforesaid, and also one Re-entry supposed to be made by I. C. into the premisses demised by the said I. H. to the said T. T. as abovesaid, only except and fore-prised, In witness &c.
An Assignment of a Lease not in Esse.
THis &c. between I. P. &c. on the one party, and R. R. on the other Recitall. party, witnesseth, That wheras Sir R. R. Knight, Lord R. deceased, by his Indenture of Lease, dated &c. for the consideration therin mentioned, Did grant demise and let to Farm unto the said I. P. by the name &c. for the term of one and twenty years next to insue, from the Feast &c. which should be in the year of our Lord God 1650. and for certain yearly Rents therin reserved, all that his Mannor place or Farm-house &c. except as in the said Indenture of Lease is excepted; As by the said Indenture of Lease, containing divers other Covenants Articles and Agreements, more at large it may and doth appear.
The said I. P. for and in consideration of the sum of 180 l. &c. Assignment. wherof &c. hath bargained, sold, granted, aliened, assigned, and set over, and by these presents doth fully, clarly, and absolutely bargain &c. as well the said Indenture of Lease, and all the Estate and term of years, therby granted and limited, or mentioned to be granted or limited, of, and in the said Mannor, Place, or Farm-house, and all and singular other the premisses with their appurtenances, and every, or any part or parcell therof: And all the Right, Title, Interest, Reversion, Term of years, and Demand whatsoever, that he the said I. P. hath, may, might, should, or of Right ought to have, by virtue or means of the said Indenture of Lease, or otherwise of, in, or to the [Page 101] same Mannor, Place, or Farm-house, and all other the premisses with their appurtenances, or any part or parcell therof. As also one Deed of R. now Lord R. under his hand and Seal, bearing date 4 Martii ultimum preterit. whereby he hath for him, his Heirs Executors and Assigns, given his full assent, consent, and agreement, with full power and authority unto the said I. P. to give, alien, let, or sell the same Lease to any person or persons, at the best discretion of him the said I. P. for so many years as the said Lease doth continue, and not above: To have, hold, and enjoy the same, together with the said Estate and Habend. term of years, and all and singular other the premisses, and every part and parcell therof to the said R. R. his executors administrators and assigns, to his and their own proper use and behoof, for and during all the said term of one and twenty years, contained or mentioned in the said recited Indenture of Lease, in as large and ample manner and form, as the same and every or any of them may be had, holden, and enjoyed in or by the Law.
And the said I. P. covenanteth &c. That the said Indenture of Lease, and the Estate and term of years aforesaid, and every part and parcell Covent to save from Incumbrances: therof, and all and singular other the premisses, above by these presents mentioned to be bargained, sold, or assigned over, and every parcell therof, now are, and be, and at the said Feast, &c. which shall be in the said year of our Lord God 1650. shall be, and from thenceforth for and during all the said term of 21 years mentioned in the said Indenture of Lease, shall or may remain, be, and continue unto the said R. R. his Executors Administrators and Assigns, and by him and them to his and their own proper use and behoof shall or lawfully and quietly may be, for and during all the said term of 21. years, had holden, occupied, possessed, and enioyed, free, and clearly, discharged, or otherwise by the said I. P. his heirs Executors or adminestrators sufficiently saved harmless, of and from all and all Mannor of bargaines, sales Assignments Grants, Leases, Alinations, Encumbrances, act and acts whatsoever, had, made, done, occasioned, or willingly suffered or to be had &c. by the said I. P. his Executors or Administrators or any of them, or any other person or persons, by his or their means consent procurement, the Rents, Covenants, Articles, Conditions, and Agreements specified in the said Indenture of Lease, on the behalf of the said I, P. or his Assigns, to be paid and performed, onely except and foreprised, for and concerning the which rents &c. and every of them, the said R. R. covenanteth &c. that he the said R. his Executors Administrators or Assigns, shall and will save harmless the said I. P his Executors and Administrators and every of them, for and during the said term of 21 years contained in the said Indenture of Lease: In witness &c. Dat. 26 July.
Of severall terms in Leases of a Ferry by Letters Patents.
THis Indenture made &c. Between T. M. &c. and Ʋ. his wife of the one partie, and T. L. of the other partie, Witnesseth, that Recital of the Letters Patents. whereas our late Soveraigne Lord King James, by his highnesse Letters Patents, bearing Date &c. for the considerations therin specified and expressed, did demise, grant, betake, and to farm let unto E. C. and E▪ S. Gentlemen, among other things; All that passage of water upon the Thames called Ferry, with all and singular the profits, commodities, and advantages whatsoever, to the said passage belonging or appertaining, lying and being in the Town of R. in the County of S. between &c. on the West end &c. To have and to hold to the said E. C. and E. S. their Executors and Assigns, from the Feast of the Annunciation Habend in the Letters Patents. of the blessed Virgin Mary, which then should be in the year of our Lord God 1622. unto the end and term, and for, by, and during all the term of forty years, from thence ensuing, and fully to be compleat and ended, Yeilding and paying therfore from thenceforth, yearly unto the said late Kings Majesty, his Heirs and Successors, the yearly Rent of 13 s. 4 d. of lawfull money of England, at the Feast of Saint M. the Arch-angel, and the Annunciation of the blessed Virgin Mary, at the receipt of the Exchequer of his Highness, his Heirs and Successors, or to the hands of the Bayliffs, or Receivers of the Premisses for the time being, by equall portions to be paid, during the term aforesaid, granted in and by the said Letters Patents, as in and by the said Letters Patents amongst other things therin contained, more plainly and at large it doth and may appear. The Residue of which term by mean Assignments and Conveyances in the Law, came to the Right Honourable the Lady I. Countess of S. as by the same mean assignments and conveyances may further appear.
And wheras one G. W. &c. did by his Indenture of Lease, bearing Recital of a Lease. date &c. according to a licence in that behalf, demise unto one N. W. amongst other things, five acres of customary Lands in the Fields of T. &c. for the term of 42. years from thence next ensuing, and fully to be compleat and ended.
And wheras M. W. late wife of the said N. W: and sole Executrix of his last Will and Testament, by her Deed in Writing, bearing date &c. did for the considerations therin expressed, grant and assign unto one I. B. the residue of the said term of 42. years, in one acre and one rood of arable Land, being parcell of the said five acres, lying in and upon one Flat or Furlong of ground called the W. in the East field of T. aforesaid, towards the said Ferry, which by mean Assignments and Conveyances in the Law, came to the said Countess of S. as by the same may appear.
And wheras the Right Honourable Lady M. Countess of H. did by [Page 103] her Indenture bearing date, &c. let and set to the said Countess of S. two Messuages called the Ferry Meads, containing, &c. one other meadow containing, &c. one other close called by the name of the plow close, containing, &c. lying and being in the parish of T. aforesaid, with all waies easements commodities and appurtenances thereunto belonging: To have and to hold to the said Countess of S. and her Assigns from the Feast day of the Annunciation of the blessed Virgin Mary last past before the date thereof, for and during the term of six years, from thence next ensuing, at and under the yearly Rent of twenty pounds Per annum, payable in such manner and form as in that Indenture is mentioned, as by the said Indenture may further appear.
And whereas the said I Countess of S. by her last will in writing Recitall of a will. bearing date, &c. did bequeath to the said V. by the name of V. C. the said severall Terms of and in the premisses, and of the same her Will, made the said V. her sole Executrix who since the decease of the said Countess, hath in due form of Law proved the said Will, and taken upon her the Execution thereof, as by the same Will, and the probate thereof, under the seal of the prerogative Court of Canterbury, may further appear.
Now this Indenture witnesseth, that the said T. M. and V. his wife Consideration. for a good and valuable consideration in money to them paid by the said T. L. the receipt whereof they do acknowledge by these presents, Have granted bargained sold assigned and set over, and by these presents Assignment of the Lenses. do grant bargain sell assign and set over unto the said T: L: the said leases mean assignments and conveyances, and all the residue of the said severall Terms yet to come in the premisses, and every part and parcell thereof, and all their Right title terms, interest estate and demands of in or unto the same premisses and every part and parcell thereof, and all those two Boats commonly called the one by the name of the Horse boat, and the other by the name of the Ferry boat, riding or rowing at or neer the sayd Ferry, with the chains and other things thereunto belonging. To have and to hold the said boats with the said Habend. of part. chains and other things thereto belonging unto the said T. L. and his Assigns, as his and their own proper goods and chattells for ever, And to have and to hold all the residue of the premisses unto the said And of the residue. T L and his assigns, for and during all the residue of the said severall terms respectively, and in as ample manner and form to all intents and purposes, as the said T: M. and V: his Wife or either of them, their or either of their Executors or assigns, may can or ought to hold and enjoy the same by force of the said Letters Patents, Leases Assignments Conveyances and Devises, or by any of them, and by any other ways and means whatsoever: And the sayd T. M: for himself his heirs, Executors and Administrators, and for every of them, doth covenant [Page 104] promise and agree to and with the said T. L. his Executors and assigns A Covenant for quiet enjoying. by these presents, that he the said T L his Executors and assigns shall or may from henceforth during the residue of the said term of forty two years, hold and enjoy the said one acre and one Rood of arable Land in the said flat or furlong called the W. and receive and take the Rents Issues and profits thereof to his or their own use, without any let suit trouble eviction, expulsion disturbance interruption or incumbrance of or by the said T. M. and V. his wife or either of them, or of, or by any person or persons, having or claiming either in Law or in equity, by from or under them or either of them, or by from or under the said Countess of S, or by from or under Sir H. L. Knight, or by from or under his her or their, either, or any of their Right Title Interest act estate means assent privity or procurement: And that the said T. L. his Executors and assigns under the severall Rents Covenants and agreements respectively in the said Letters patents and Leases thereof contained, shall or may from henceforth have hold and enjoy all the Residue of the premisses and every part and parcell therof and take and receive the Rents Issues and profits thereof to his and their own use, during the residue of the said severall terms therein yet to come and unexpired without any let, &c. other then such as claim by force of the Lease hereafter in these presents excepted: And the said T M for himself his heirs Executors and administrator; and for every of them, doth covenant grant and agree, and with the said T L A Covenant to free the premises from incumbrances. his Executors and assigns by these presents, That all and singular the premisses and every part thereof shall remain continue and be unto the said T L and his assigns during the said severall terms respectively free and clear, or otherwise well and sufficiently saved and kept harmless of and from all and every other grants bargains sales devises Leases assignments charges and incumbrances whatsoever, had made committed done or suffered of or by them the said T M and V his wife or either of them, their or either of their executors or assigns or any of them, or by any other person or persons, having or claiming by from or under them or either of them, or by or under the said Countess of S. or by from or under her, their, or any of their Right Title Interest act estate assent means privity or procurement, except Exceptions. the Rents Covenants and services, in the said Letters patents and Leases of the premisses respectively contained, and which from henceforth shall first grow due of or on the behalf of the Lessees and patentees thereof, are ot ought to be done or performed in respect of the premisses, or any of them, and except only one Lease by indenture bearing date, &c. made by the said Countesse of S, of the said passage or Ferry to W. G. and H. G. for the term of twenty years from the Feast of the annunciation of the blessed Virgin Mary then last past, whereupon the yearly rent of 16 pounds is reserved, payable in [Page 105] such sort, as in that indenture is mentioned, which from hence forth, during all the residue of that term, shall remain continue and be payable to the said T▪ H. and his assigns according to the reservation of that Lease.
And whereas the said H. G. and VV. G. by their Obligation bearing Assignment of an Obligation for performance of Covenants. date &c. became bound to the said Countess of S. in the sum of 40 l. of lawful mony of England with condition thereunder written for their performance of all the Covenants, Grants and Agreements on their parts to be performed mentioned in the said Indenture of Lease to them made by the said Countess of S. as aforesaid, the benefit of which Obligation the said T. M hath agreed, shall wholly come and accrew to the said T. L. Now the said T. M. to that intent doth hereby for the consideration aforesaid Grant and Assign, the said Obligation and benefit thereof to the said T. L. and doth hereby give and grant unto him the said T. L. full Power Warrant and Authority (in case the Condition of the said Obligation shall be broken) in the name of him the said T. M. and the said Ʋ. or either of them to commence and prosecute such Suits thereupon and do and execute all such Acts, either for recovering of the money which shall become due therupon, or for releasing or discharging of the said Obligation as he the said T. L. shall think fit, And lastly, the said T. M. for himself, his heirs executors and administrators, and for every of them doth Covenant, Grant, and Agree to, and with the said T. L. his executors and assigns, by these presents, That he the said T. M. and the said Ʋ. his wife, and either of them, their, and every of their executors and administrators, and all, and every other person and persons having, or claiming either in Law or in Equity, by, from, or under them, or either of them, or by, from or under the said Countess of S. shall and will from time to time, and at all times hereafter at the reasonable request, cost and charges in the A Covenant for further assurance. Law of the said T. L. his executors or assigns, do, and execute all such acts for the further and better conveying of the premisses, or any part or parts thereof unto the said T. L. his executors and assigns, for, and during the residue of the said several terms repectively, and enabling the said T. L. his executors and assigns, to have, recover and receive the benefit of the said Obligation as by the said T. L. his executors or assigns, or any of them shall be reasonably required. In VVitness, &c.
An Assignment of Lands granted by Letters Patents.
THis Indenture made &c▪ between I. P. of &c. of the one party, and Recital of the Letters Patents. C. D. of &c. of the other party Witnesseth, That whereas our Soveraign Lady the Queen by her Graces Letters Patents, bearing date [Page 106] &c. Did Give, Grant and Assure unto Sir P. C. Knight, all that the Scite of the late Monastery of I. with the appurtenances in the County of S. and all Orchards, Gardens, and other commodities to the same belonging, & all that Park or Ground imparked contained by estimation ninescore Acres commonly called VV. Park in the said County of S: to the said Monastery belonging &c. and all the Rents Reversions and Services, of all and singular the same Premisses, and every of them, to have, hold and enjoy the said Scite, Parke, Messuages, Houses, Edifices, Habend in the Letters Patents. Buildings, Lands, Tenements, Medows, Feedings, Pastures, Rents, Reversions, Services, and all and singular other the premisses with the appurtenances to the said Sir P. C. and to the Heirs of the body of the said Sir P. C. lawfully begotten, or to be begotten; and after the foresaid estate of the said Sir P. C. for default of such issue of his body lawfully begotten, determined, the remainder of all and singular the premisses with their appurtenances, and of every parcel thereof to the said Sir P. his Executors and Assigns, for and during the term of xii. years then next following and fully to be compleate and ended as by the said Letters Patents bearing date as aforesaid, more at large it doth and may appear. And whereas the said Sir P. C. for sundry causes him Recital of a Demise. moving by his Indenture bearing date &c. did Demise, Grant, Set, and to Farm Let unto the said I. P. all the said Scite, Parke, Messuages Houses, Edifices, Buildings, Lands, Tenements, Medows, Feedings, Pastures, Reversions, Services and Hereditaments, with all and singular their appurtenances before named, To have and to hold all and singular the said Scite, Parke, Messuages, Houses, Edifices, Buildings, Lands Habend of the recited Lease. Tenements, Medows, Feedings, Pastures, Reversions, Services and Hereditaments, with all and singular their appurtenances unto the said I. P. his Executors and Assigns for and during the whole term of fourscore and twelve years, from the day of the date of the said Indenture fully to be compleat and ended without impeachment of waste, if the said Sir P. shall happen so long to live, yeilding and paying therefore Rent upon the recited Lease reserved. yearly during the said term unto the said Sir P. C. his Heirs and Assigns the sum of eight pound of lawful money of England, at the Feast &c. by even and equal portions.
And whereas further the said Sir P. C. by his said Indenture for the consideration aforesaid, did Give, Grant Bargain and Sel to the said J. P. his Executors and Assigns the remainder of all and singular the premisses, and every part and parcel therof to him the said Sir P. granted by his Letters Patents for term of twelve years next and immediatly following after the aforesaid estate tayle, of the said Sir P. C. in the same Letters Patents mentioned for default of issue of the body of the said Sir P. lawfully begotten shall be determined fully to be compleat and ended, and all the estate, term and interest of the said Sir P. of, and in all and singular the premisses in as large and amole [Page 107] manner and form, as he the said S. P. his Executors or Assigns, may, might, ought, or should have the same, by virtue of the same Letters Patents, with other Covenants in the same contained, as by the said Indenture bearing date as aforesaid, more at large it doth and may appear.
Now this Indenture witnesseth, that the said J. P. for and in consideration The assignment. of the sum of 500 l. of lawfull English money to him in hand paid by the said C. D. wherof and wherwith he acknowledgeth himself fully satisfied, contented and paid, and therof &c. Hath given, granted, bargained, sold, and set over, and by these presents doth give, grant▪ bargain, sell, assign, and set over unto the said C. D. his Executors and Assigns, the said Indenture; And all and singular the said Park, Messuages, Houses, Edifices, Buildings, Lands, Tenements, Meadows, Leasows, Feedings, Pastures Rents, Reversions, Services, and all and singular other the Premisses, with the Appurtenances, and every part and parcell therof, and all the Estate, Right, Title, Term of years, and Demands of the said J. P. of, in, and to the Premisses, and every part and parcell therof: To have and to hold the said Indenture, and all and singular the said Park, Messuages, houses, Edifices, Buildings, Lands, Tenements, Meadows, Leasows, Feedings, Pastures, Reversions, Services, and all other the Premisses, with their Appurtenances, unto the said C. D. his Executors and Assigns, for and during all the residue of the said term of 92. years, which be yet to come in the Premisses, by force of the said Indenture, without impeachment of Wast, if the Estate tail of the said Sir P. C. in the same his Letters Patents mentioned, for default of Issue of his body lawfully begotten, be determined. And all the Estate, Right, Title, Interest, and Demand of the said J. P. of, in, and to the Premisses, and every part and parcell therof, in as large and ample manner and sort, as the said J. P. now hath and enjoyeth, or of Right ought to have and enjoy the same Premisses, by force of the said Indenture.
And the said J. P. for him &c. doth covenant &c. That he the said A Covenant for peaceably enjoying. C. D. his Executors or Assigns, shall and may peaceably and quietly have, hold &c. the said Scite Park &c. for and during the residue of the 92. years, if the said S. P. so long shall happen to live: And also the Remainder of the Premisses, for term of twelve years, in manner and form aforesaid, without let, interruption, Suit &c. whatsoever of him the said J. P. his Executors Administrators or Assigns, or any of them, or any person or persons whatsoever, cleerly discharged and saved harmless, of and from all former Bargains &c. And all other charges and incumbrances whatsoever had, made, procured, or done by the said J. P. or any person or persons whatsoever.
Provided alwaies, that if the said E. D. his Executors Administrators and Assigns, and every of them, at all time and times hereafter, [Page 108] and from time to time for his and their parts do not well and truly observe perform fulfill and keep all and every the Covenants, &c. contained in one pair of Indentures made between, &c. that then this present assignment bargain and sale, shall be utterly void, and of none effect, or else &c., In Witnesse, &c.
An Assignement of a Lease.
THis Indenture made, &c. between H. P. &c. & I. L &c. on the one party, and the right honorable G. Earl of Sh. &c. on the other party; witnesseth that whereas T▪ R. Esquire, and R. C. Gentleman The recitall of a Lease. by their Indenture bearing date, &c. for divers considerations them moving, and especially at the appointment and request of the said Earl have demised granted and to ferm letten, unto the said H. P. and I. L and to T. C. Gentleman, now deceased, all and singular those Mannors or Lordships of W. &c. with all and singular their appurtenances, all which Lands Tenements and Hereditaments, they the said T. had R. and R. C. then lately of, and by assurance and conveyance made unto them by the said E. as by the same conveyance may appear; to have and to hold to the said H. P. and I. L. and T. C. their Executors The Habend of the recited Lease. and Assigns from and after, the naturall death of the said E. and of the Lady E. now his wife for and during the term of sixty years, from thence next and immediatly following, fully to be compleat and ended, yeilding and paying during the said term unto the said T. R. and R. C. their heirs and assigns, all and singular the Rents and services for all and every the said Mannors Lands Tenements and Premisses, and for every parcell therof due & accustomed, as by the said Indenture of Lease more plainly it doth and may appear, which said Lease was made to the said H. P. I. L. and T. C. by the appointment of the said E. and upon the speciall trust & confidence, that they the said H. P. I. L. and T. C. and the survivor and survivors of them should pay the &c. unto such person or persons as the said E. should nominate and appoint, and that the said E. should and might at all times dispose the same at his good will and pleasure, and afterwards the said T. C. died, and the said H. P. and I. L. him over lived, and by reason thereof the interest and term was and is wholy vested in the said H. P. and I. L. as survivors: Now the said H. P. and J. L. at the request of the said Earl, The Grant and assignment. and by his appointment according to the said trust and confidence in them reposed; have granted assigned and set over, and by these presents do grant assign and set over unto the said E. the said Lease and term of years, and all the Mannors Lands and premisses, and every part and parcell thereof, for and during all the years and term to [Page 109] them granted and demised by the said A. R. and R. C, and also all the Estate and term of years, which they the said P. H. and J. L. have, or of right ought to have in the said Mannors Lands and premisses, by virtue of the said Indenture of Lease or otherwise together with the said Indenture, to the intent that the said E: may use the same at his good will and pleasure: And the said H: P: and I: H: do covenant &c. to and with the said Earl &c. that the said Mannors and Premisses, and the said Interest and term of years are the day of the date hereof, cleerly freed and discharged, of and from all former Bargains, Assignments, and Incumbrances whatsoever, had made, or done by the said H: P: or I: L: or either of them &c:
Where a Fine was levyed for 100. years, the Fine recited and the Lands assigned.
TO all, to whom this present Writing Indented shall come, I. B. and H. B. send greeting; Wheras by one Fine levied between E. S. Esquire, and R. F. Gentleman, Plaintiffs, H. S. Esquire, D. S. Sister and Heir apparant to E. G. Esq; M. S. T. S. &c. Deforciants of the Mannors of L. St. B. &c. in the said County of Y. and of 200. Messuages 100. Cottages, 100. Tofts, 10. Water Mills▪ 10. Fulling Mills, 10. Wind Mills, 4. Dove-coates, 100. Gardens, 100. Orchards, 6000. acres of Land, 2000. acres of Meadow, 6000. acres of Pasture, 1000. acres of Wood, 1000. acres of More, 1000. acres of Mosse ground 1000. acres of Turbary, 2000. acres of Heath and Furrs, and 20 l. Rent with the Appurtenances in H. &c. in the said County of York, And also of the Advowson of the Par [...]sh Church of E. by which the said H. D. &c. did recognize the foresaid Mannors, Tenements, and Rent, with the Appurtenances and the Advowson aforesaid, to be the Right of the said E. as those which the said E. and R. had of the Gift of the said H. D. &c. And the same did remise and quit claim from them the said H. D. and their Heirs, to the said E. and R. and to the Heirs of the said E. for evermore.
And furthermore the said H. D. &c. did for them and the Heirs of the said D. that they shall warrant to the said E. and R. and the Heirs of the said E. the foresaid Mannors, Tenements, and Rents with the Appurtenances, and the Advowson aforesaid, against the said H. D. &c. and the Heirs of the said D. for ever more. And for the same Recognizance, Release, Quit claim, Warranty, Fine, and Concord, the said E. and R. did grant to the said T. T. and I. B. the said Mannors Tenements, and Rent with the Appurtenances, and the Advowson aforesaid, and the same to them did give again, To have and to hold to Habend. [Page 110] the same T. and J. for the term of 100 years next ensuing, the levying of the said Fine, without impeachment of Wast if the said E. should so long live. And after that term ended, the said Mannors, Tenements, and Rent, with the Appurtenances, and the Advowson aforesaid, wholly to remain to the said H. S. and to the Heirs Males of his body lawfully to be begotten, with divers other Remainders over, as by the said Fine remaining of Record in her Majesties Court of Common Pleas at Westminster, more plainly it doth and may appear.
By virtue of which said Fine, the said T. T. and J. B. into the said Mannors, Lands, and Premisses, entred and were therof lawfully possessed, for and during the term and space of 100. years, if the said E. C. so long should live: And they being so therof possessed, the said T. T. by good and lawfull assurance in the Law, did lawfully convey and assure all his Estate, Interest, and Demand, in and to the Premisses unto the said Consideration. I. by reason whereof the said I. B. then was and did stand lawfully possessed of the said whole Term and Interest. And he the said I. B. being so therof possessed, did grant and convey all his whole Estate, and Interest in and to the Premisses, to the said H. B. his Son and to one E. B. Gentleman, whose Interest therin the said H. B. by good assurance and lawfull conveyance now hath.
Now know yee, that we the said H. B. and I. B. as well for and in Assignment. consideration of the sum of 100 l. of lawfull English money, to us the said l. and H. B. well and truly contented and paid, before the ensealing and delivery hereof, by the Right Honourable G. E. D. S. of which said sum we acknowledge our selves fully satisfied and paid, and therof do acquit the said E. by these presents: As also for divers good causes and considerations as the said I. and H. therunto especially moving, Have bargained and sold, given and granted, and by these presents do clearly and absolutely bargain, sell, give, and grant unto the said E. all our Estate Right, Title, Interest, Possession, Claim, Demand, and Term of years, which we or either of us have ot should, might, or ought to have, of, in or to the said Mannor, Lands, Tenements, and other the Premisses mentioned in the said Fine, in or to any part or parcell therof by virtue of such Fine (such Interest and Terms of years, of and in one Tenement or Freehold with the Appurtenances in H: B: commonly Exception. called T: late in the Tenure or Occupation of I. C. the elder, and I. C. the younger, only excepted and fore-prised) And we the said I. B. and H. B. do covenant for us and either of us, and for the Executors and Administrators, of us and either of us, with the said E. his Executors Administrators and Assigns by these presents; That the said Mannors Lands and Premisses, conveyed and assured by the said Fine, and every part therof Covenant to free the premisses fr [...]m incumbrances. (except before excepted) are at the day of the date hereof, and so shall continue to the said Earl, his Executors and Assigns, during the Term mentioned in the said Fine, free and clearly exonerated and discharged, [Page 111] or saved harmless by them the said I. and H. B. of and from all former Bargains, Sales, Charges, and Incumbrances had, made, or done, by us or either of us, or by the said E. four Tenements, or Farm-holds in R. aforesaid only excepted and fore-prised▪.
And wee the said I: B. and H. B. doe further covenant and grant, for us our Executors or Administrators, with the said E. his executors and Assigns, by these presents that it shall and may be lawfull, to and for the said E. his Executors and Assigns, to have, hold, and enjoy the said Mannors Lands and Premises, conveyed and assured by the said Fine, and every part and parcell thereof (except before excepted) for and during the term of years yet to come, mentioned in the said Fine, without any lawfull let or interruption of us or of either of us, and without any lawfull let or interruption of any other person or persons, lawfully having or claiming, or which may hereafter lawfully have or claim, any good lawfull Title or Interest, in or to the said Mannors Lands and Premisses conveyed and assured by the said Fine, or any part or parcel therof, by, from, or under us the said I. and H. B. or either of us: In witness &c.
AWARDS.
An Award in a Controversie between parties concerning the Administration of a Deceased's Goods.
TO all to whom this present Writing Indented of Award shall come, H. T. Stationer, W. N. Stationer, A. H. Draper, I. H. the elder, Stationer, L. H. Stationer, & I. H. Habadasher, Cit of L. send greeting; Where heretofore strife & variance have been moved between A. C. Widow, late wife of I. C. late Citizen and Stationer of L. deceased, on the one party, and G. C. Son of the said I. C. on the other party, for and concerning the Goods and Chattels wherof the said I. C. dyed possessed intestate; And for and concerning the right of the Administration, of the Goods Chattels and Debts of the said Intestate: And wheras for the appeasing of the strife and variance aforesaid, and for a finall quietness to be had between the said parties, they of their mutuall assents and consents, did choose us the said H. T. &c. Arbitrators, to arbiter Award, and judge, of, for, and upon all and all manner of Actions, Suits, Quarrels, Strifes, Trespasses, Debts, Debates, Accounts, Variances, Transgressions, Offences, Goods, Chattels, Wares, Plate, ready money, Claims, and all other Demands whatsoever, which at any time or times between the said parties, before the 15. day of this present moneth of Iuly, have been, had moved, strived, or depending in Suit or Controversie, so as our Award, Arbitrement, Ordinance, and Judgment in and upon the Premisses, be made and given up in Writing, before the 22 day of this present month of July, as by the severall Obligations of the said parties, bearing date the said 15. day of this present month of July, wherin either of the sa [...]d parties stand bound to the other in 500 l. of &c. and the cond [...]tions severally indorsed upon the same Obligations will appear.
And wheras we the said Arbitrators have taken upon us the charge of the same Arbitrement, and have heard, examined, and plainly do perceive and understand the Controversies and causes of variance between the said parties, and have therupon treated with the said parties, and have by our travell brought them to a good accord and agreement. Now by their own speciall means, and by their mutuall consents and requests, we do therof make and give up by this present Writing, our Award, Arbitrement, Ordinance, and Judgment, in manner and form as followeth.
First we do award, arbiter, ordain, and judge by these presents: That the said A. C. shall clearly and freely, on or before the 27. day of this present month of Iuly, yeild and deliver to the said G. C. as well one Bed-stead, a Trundle-bed, a Press, or Table, and the Hangings in the Chamber, where the said I. C. dyed. As also all the Goods and Chattels which were of the said Intestates at the time of his decease, comprised and mentioned in the Inuentory, made of his Goods and Chattels, by such as were appointed to praise the same, unto the which Inventory the said Praisers have subscribed their names, except such of the said Intestates Books as have been sold since the time of his death, in the Shop of his Mansion house wherin he dyed, or otherwise have been taken from thence without the knowledge of the said A. And except such other thing not exceeding the value of 5 l. of the Goods and Chattels aforesaid hapning to be imbezilled or taken away, with the consent, knowledge, or procurement of the said A. for all and singular which the sa [...]d Books and other things so being sold as aforesaid, we do award that the said A. shall content and pay to the said G. the full value therof, and of every part therof, as the same are rated and prised in the Inventory abovesaid.
And further we do award, arbiter, or ordain, and judge by these presents, that the said A. shall also before the said 27. &c. upon lawfull request by the said G. to be made, deliver unto the said G. C. all Leases and Writings which were of the said J. C. at the time of his decease, which are come to the hands or possession of the said A and especially the Lease of the Mansion house wherin the said I. C. died; And the lease of the Yard therunto adjoyning, and the Lease of those two new houses, lately being in the tenure of the said J. H. and of one G. B. Stationer: And the Lease of the house now or late in the severall tenures of R. I. T. S. and A. B. and of other things mentioned in the same Lease, and the Lease of the houses, now or late in the severall tenures of the said A. H. and R. P. and others, and the Lease of the Garden, which the said I. C. occupied, lying over against the late Charter-house, in the Suburbs of L. And the Lease of the Vault under P. Church, and all Writings and Conveyances touching the same, which came to the hands of the said A. And we the said Arbitrators do moreover award &c. That the said A. sha [...]l forthwith give her consent, and still from thenceforth agree, permit, and suffer, that the said G. shall and may have the sole Administration of all the Goods, Chattels, and Debts, which were of the said I. C. his Father, at the time of his decease.
And also we do further award &c. That the said G. and the said G. B. and J. H. joyntly and severally before the 27. day &c. shall make, seal, and deliver as their Deed to the said A. at the now Mansion house of the said H. T. five severall Obligations sufficient in the Law, wherin they shall joyntly and severally stand bound to the said A. for the payment [Page 114] of 350 l. of lawfull &c. well and truly to be paid to the said A: or her Executors, at the said now Mansion house of the said H. T: in form as followeth; for a full satisfaction and recompence of all such part and portion as the said A. should or might have, of all the Goods and Chattels which were of the said I. C. which are specified in the said Inventory, or in these presents, the bond or penalty of the first of the said Obligations to be of 120 l. for the payment of 100 l. at or before the Feast of Saint Bartholmew the Apostle, next &c. the second to be of &c. the third &c. and the fourth to be &c. for payment &c. in the Feast &c. in full payment of the said sum of 350 l. And also we do award, that if at any time hereafter, any more or further Debt or Debts shall be demanded, and without fraud or covin lawfully recovered by Judgment or decree against the said B. his Executors or Administrators being due or owing to the said I: C. over and beyond those debts mentioned set down & expressed in a Scedule indented to these presents annexed, amounting together to the sum of 321. 6 s. 2 d. That then the said A: her Executors and Administrators, shall upon reasonable request, allow, content, and pay to the said G: his Executors or Administrators, toward the payment of all and every debt and debts so to be recovered, over and beyond the said debts amounting to the said sum of 321 l. 6 s. 2 d. three parts of the same debt so to be recovered, in seven parts to be divided, together with the like three parts into parts to be divided, of all such costs and charges, as the said G: his Executors or Administrators, shall reasonably sustain in or about the defence, in any Suit or Action to be brought against the said G. his Executors or Administrators, upon the demand of any such Debt or Debts which was owing by the said J: C: and being none of the Debts contained in the said Scedule above specified.
And further we do award, that the said G: after the delivery and yeilding up of such the Goods, Chattels, Leases, or Writings, as are before limited, appointed, or awarded, to be yeilded up and delivered by the said A: or any of them, shall make and deliver unto the said A: or her Assigns, a sufficient acquittance or other sufficient Writing, under his hand and seal, of all such Goods and Chattels, Leases and others so to be received or delivered as aforesaid.
And further we do award and judge by these presents, that the said G. and his Executors, without his or their claim or molestation, shall permit and suffer the said A: to have and enjoy to her own use, as well all the wearing Apparrell belonging to her body, as also all that Furniture of her loding Chamber, Jewels and Rings of Gold, Stone and Plate hereafter particularly mentioned in these presents, that is to say, In witness &c. Dat.
An Award between Executors at strife about their Testators goods.
TO all to whom this present Writing of Award indented shall come H. K. sendeth greeting in our Lord God everlasting, wheras lately heretofore Suit and Variance was had and moved, between R. K. &c. on the one party, and G. K. &c. on the other party, for and touching the Execution of the last Will and Testament of one C. P. late of L. widow deceased, ordained and made the said R. and G. her Executors of her said last Will and Testament for the final ending wherof, and of all other controversies betwixt the same parties they have submitted themselves to the Award arbiterment and Judgment of me the said H. K. in such sort and maner as by several Obligations of 50 l. a peece in that behalf made by either of the said parties to the other of them dated &c. with their several conditions upon them endorsed plainly may appear. The charge and business of which said Award and Arbitrement I the said H. K. have taken upon me▪ and have throughly heard and considered of all the Controversies between the said parties and of their Allegations, Declarations and Answers on both sides. And now I do by these presents make and give up mine Award, Arbitrement, Award. final End, Order and Judgment, of, and upon the same premisses between the said parties in form &c. viz: First, I do Award, Order and Judge by these presents, that the said G. K. and his Execucutors shall permit and suffer the said R. K. to have, and enioy to his own use that mourning Gown and Hood which he had after the decease of the said C. P. against her Burial. And also that the said G. his Executors Administators or Assigns, shall on the tenth day &c. between the hours &c. pay, or cause to be paid to the said R K. his certain Atturney Executors or Administrators, at the now dwelling house of &c. the sum of &c. and then and there also shall clearly and freely give and deliver to the said R. his Executors Administrators or Assigns, two Pots and a Goblet of Silver and guilt, poize 29. ounces, which late was of the said C. P. And I do further Award &c. that the said R. his Executors or Administrators shall not at any time hereafter, either deale or intermeddle with the Execution of the last Will and Testament of the said C. P. or claim, take or challenge any of the goods or chattels which were of the said C. other then only the Pots and Goblet aforesaid, or receive, take, acquit and discharge any debt or duty which was owing and growing towards the said C. whilst she lived. And also that the said R. K. his Executors Administators and Assigns, from time to time, and at all times hereafter shall agree permit, and suffer that the said G. his Executors and Administrators, shall, and may peaceably [Page 116] and quietly have and take, and by all lawful means, recover and enjoy, all and singular the goods, chattels and debts which were of the said E. at the time of her decease other then only the said Pots and Goblet without any Let, Claime or Impediment of the sald R. his Executors or Administrators.
And also that the said R. his Executors or Assigns upon payment and delivery to him or any of them made of the sum of Money, Pots and Goblet aforesaid, in form aforesaid shall deliver or cause &c. to the said G. K. his Executors or Administrators, one sufficient acquittance testifying the receit of the same Money, Pots and Goblet. And moreover I the said H. do herby Award &c. That the said G. his Executors Administrators, at the only costs and charges of the said G: his Executors or Administrators, shall well and sufficiently at all times hereafter upon reasonable request to him or them to be made by the said R. his Executors Administrators or Assigns, save and keep harmless the same R. his Executors and Administrators, of, and for all, and all manner Actions, Suits, Costs, Damages, Judgments, Executions and Demands which shall be had or brought against the said R. his executors or administrators, by reason or means that the said R. did take upon him to be Executor of the said Testament of the said C. and also that the said G. shall pay for the Drawing and Ingrossing of these Presents to the Writer thereof 5 l. of &c. And lastly, I Award &c. that either of the said parties their executors and administrators for their several parts shall from henceforth surcease from all further Suit and Suits and quarrels in Law whatsoever for any matter between them two had stirred or depending at any time before the &c. date of the said Obligations to stand to this Award &c. In witness &c.
The Forme of an Action Indented.
TO all true christian people to whom this present awarded Indenture shall come, A. B. and C. D. send greeting in our Lord God Recital. everlasting. Know yee that whereas some variance and controversy hath heretofore been had and moved between E J, of G. widdow late wife and Executrix of the last Will and Testament of T. F. deceased and R F. her son, touching certain Goods and Chattells, left demised given and appointed to the s [...]id R. F. by virtue of the said last Will and Testament of the said T. F his Father, whereof the said E. tooke the sole Execution and probation, for the appeasing and ending of which said controversy both the said parties by their mutuall assents consents and agreements, have submitted compromitted, and hereto fore become bound, either to other by their severall bonds obligatory, [Page 117] bearing date, the &c. in the summ of one hundred pounds, to stand to observe, perform fullfill and keep the Award, Arbitrement, Doom, and Judgment of us the said A. B. and C. D. Arbitrators indifferently chosen between the said parties, as by the said bonds obligatory and Conditions thereunto subsequent, more at large appeareth. Upon which submission, we the said Arbitrators for the avoiding of further troubles, and to cause peace love and unity between the said parties, having seen and read, and deliberatly considered of the said last Will and other writings, having Relation to, and dependancy on the same, and having also heard the allegations & proofs on both sides concerning the premisses, & duely weighed the circumstances thereof; we the said Arbitrators having the consent of the said parties do the day of the date hereof, make publish and declare this our award and judgement in the premisses, in such manner and form as followeth. That is to say,—
And having set down the Award thus conclude.
And for the better testification and confirmation hereof, we the said Arbitrators have to this our Award set our hands and seales the third day of May, Anno Domini 1651.
An Award in a Controversie growing by meanes of a Copartnership.
TO all to whom this present writing of Award shall come, T. S. and S. B. &c. send greeting in our Lord God everlasting. Whereas heretofore there hath been divers strifes and variances moved, and are yet depending between R. H. &c. and I. C. &c. Executors of T. C. late of L. Haberdasher deceased, on the one party, and H. B. &c. on the other party, for the appeasing and finall ending whereof the said parties of one assent and consent, as doth appear, and is recited in severall conditions of severall Obligations, bearing date the tenth of this present Aprill, which the said parties have interchangeably made sealed and delivered, each to the other have named and chosen, us the said T. S. &c. their Judges and Arbitrators, to award arbiter ordaine rule judge, and determin, of for upon, and concerning all and all manner of actions as well reall as personall suits quarrells strifes variances costs damages, and demands whatsoever, had moved stirred or depending between the said parties in any manner of wise from the beginning of the World untill the day of the date of the said Obligation. So that the same our Award Arbitrement O [...]dinance and Judgment, [Page 118] were had or made by us the said Arbitrators or any five of us and put in writing under our hands and seals, ready to be delivered to the said parties or any of them, requiring the same before the last day of Aprill next coming after the said date of the said Obligations, as by the said Obligations with their severall Conditions on them severally endorsed, may and will appear.
And for as much as we the said Arbitrators have taken the charge of the said Judgment and Arbitrement upon us, and thereupon have deliberatly heard and examined all variances between the said parties and their allegations answers and proofs in that behalf alleadged made and produced, do now thereof even this present day of the date of these presents make and give up, in and by this present writing indented under our hands and seals, our full and finall Award Arbitrement Ordinance and Judgment, in manner and form following, that is to Award. say, that whereas the said T. C. while he lived, and the said H. B. were copartners, and had joynt traffique together in divers things, the accounts whereof we have seen and examined, we do thereupon award arbitrate ordain and judge by these presents, that the said R. H. and I. C. or one of them their Executors or Administrators, shall well and truly pay or cause to be payd to the said H. B. his Executors &c. the sum of &c. of &c. at &c. that is to say, &c. and also wee do by these presents, Arbitrate, Award, Ordain and Judge that the said H. his Executors and Administrators, shall from time to time upon the reasonable request of the said R: or I: their Executors or Administrators consent, suffer and agree, that at the equal and indifferent costs and charges of the said R: I: and H: and their several Executors and Administrators, all, and all manner of lawful Suits, Actions, Recoveries, Judgements and Executions, shall and may in the name and names of the said H: his Executors and Administrators, be had and pursued, with effect against all and every person or persons of, and upon the Books of the said accounts, and all and every Bond or Bonds or Specialty whatsoever which the said H: hath of, or touching all, or any the debts specified in the Scedule to these presents annexed; and that all and every the profits, commodities and advantages whatsoever to be had or gotten by means of any the said Suits, Actions, Recoveries, Judgments and Executions, or by means of any of them shall be equally had, divided and parted, part and party-like the one half thereof to the said H: B: his Executors and Administrators, and the other half thereof to the said R: and I: his Executors and Administrators, and that neither of the said parties, nor their severall Executors or Administrators, shall wittingly and willingly without the consent of the other party, or of his or their Executors or Administrators, do procure or cause any thing to be done to hinder or defeat any the said lawful Suits, Actions, Recoveries, Judgments or Executions to be had [Page 119] as aforesaid, of or for any the said debts, or to let or hinder the equal dividing of all profits, commodities and advantages thereof, or therby to be had or gotten contrary to the true meaning aforesaid. And further we do Award, Order and Judge by these presents that the said H: B: upon reasonable request shall on the first day of &c. now next comming, make sale and deliver, or cause to be delivered to the said R. H. and J. C. or to one of them, or otherwise for both their uses, at, or in &c. between the hours of &c. of the same day or otherwise in the mean time before hand one lawful acquittance general, of, and for all Actions, Suits, Quarrels and Demands from the beginning of the world untill the 8th. of April last past. And likewise we do Award &c. by these presents; that the said R. and I. upon the like reasonable request shall on the said &c. now also next comming, make sale and deliver, or cause to be delivered to the said H. B. at or in &c. between the like hours aforesaid in the forenoon &c. or otherwise &c. one lawful acquittance general, of, and for all actions, suits quarrels and demands, from the beginning of the world untill the said 8th. day of April now last past as aforesaid. In witness, &c.
BARGAINS.
A Bargain and Saleof Copyhold Lands by Commissioners of Banckrupts.
THis Indenture made &c. Between S. E. Esquire E: T: Esquire, and I: I: Gent. of the one part, and R: W. of &c. R: W: &c: D: M: of &c. E: C: of &c. and W: E: of &c. of the other part Witnesseth, That whereas upon complaint made to the Right Honorable Thomas Lord Coventry, Lord Keeper of the great Seal of England by E: S: &c. as well for himself as for all other the Creditors of F: M: late of VV. &c. That wheras the said F. M. using and exercising the trade of Merchandise by way of bargaining, exchange, bartering and chevisance, seeking his trade of living by buying and selling upon good and just cause forwares and merchandise to him sold and delivered, and also for ready money to him lent being indebted to the said E: S: and other his Creditors in divers and several sums of money, amounting in the whole to the sum of 500l. and upwards of late (that is to say) about the moneth of May in the year &c. did become Banckrupt within the several Statutes lately made against Banckrupts, to the intent to defraud and hinder him the said E: S: and other his Creditors of their just debts and duties to them owing (viz.) within the Statute made in the Parliament, begun and holden at Westminster the second day of April, in the 13th. year of the Reign of our late Soveraign Lady Queen Elizabeth concerning Banckrupts, and within the Statute made in the Parliament begun and holden at Westminster aforesaid the 19th day of March, in the first year of the Reing of our late Soveraign Lord of famous Memory King James of England France and Ireland and of Scotland the 37, Intituled an Act for the better reliefe of Creditors against such as shall become Backrupt. And also within the Statute made in the Parliament and holden ot Westminster begun at the 19th. day of Feb. in the 21. year of the Reign of our said late Soveraign King James of England, France and Ireland, and of Scotland 57. Entituled, an Act for the further description of Banckrupts and reliefe of Creditors against such as shall become Banckrupts, or within one of them, our said Soveraign Lord the the Kings Majesty that now is, by his most gracious Commission under the great Seal of England, bearing date at Westminster the 19th. day [Page 121] of June in the 13th. year of his Majesties Reign that now is, directed to the said S: E: E: T: and I: I: and unto F: VV: Gent. and I: P: Gent. hath Named, Assigned, Constituted and Ordained the said S: E: E. T: I: I: H: W: and I: P: his Majesties special Commissioners giving full Power and Authority unto them foure or three of them, whereof the said S. E. or E. T. to be one to execute the said Commission according to the same Statutes and every or any of them not only concerning the said F. M. his Body Lands, tenements, Frehold and Customary Goods Debts, and other things whatsoever but also concerning all other Persons which by concealments claime or otherwise doe or shall offend touching the Premises or any part thereof contrary to the true Intent and meaning of the same statutes and every or any of them to do and execute all and every thing and things whatsoever, as well towards, and for satisfaction and payment of his said Creditors, as towards and for all other Intents and purposes, according to the ordinance and provision of the same Statutes, as in and by the said Commission and the complaint in writing therunto annexed, more plainly and at largt it doth and may appear.
And wheras the said S. E. E. T. and I. I. do further find that all the time that the said F. M. became Bankrupt as aforesaid, he the said F: M: and J. his wife, were and stood seised to them and to the Heirs of the said F. M. according to the custome of the Mannor of W. in the County of E. of one Copyhold or Customary Messuage, or Tenement called C. with a Garden and Orchard therunto belonging, now in the occupation of the said F. M. &c. holden by Copy of Court-Roll, of the foresaid Mannor of W. All which Copyhold or customary Premisses, the greater part of the above named Commissioners, by the said Commission authorized, have caused to be viewed and rented, and the respective Estates of the said F. M. of and in the same to be appraised to the best value they may, and accordingly the same have been viewed, rented, and appraised by J. K. and R. F. men of sufficient skill and judgment for the doing therof, in manner and form following; That is to say, the foresaid Messuage or Tenement called C. and the Garden and Orchard therunto belonging, in the occupation of the said F. M. scituate, lying, and being at W. aforesaid, to be let for the yearly Rent of 6 l. of lawfull money of England, and the Estate of the said F. M. therin worth to be sold 90 l. of like money &c. The said S. E. E. T. and I. I. with the consent and at the request of the Creditors of the said F. M. that have sued forth and prosecuted the said Commission against the said F. M. for and in consideration of the sum of 897 l. of lawfull money of England, unto the said S: E: E: T: and I: I: by the said R: W: R: B. D M: E. C. and W: E: to the use, benefit, and behalf, as well of themselves, as also of all other the Creditors of the said F: M: that have sued forth and have joyned, and that shall hereafter joyn in the prosecuting of the said [Page 122] Commission, according to the statutes in that behalf made and provided, well and truly contented and paid, have by force and virtue of the said Commission, as much as in them the said S: E: and E: T: and I: I. doth lye, and they lawfully may grant, bargain, and sell, and by these B [...]rgain and Sale. presents do as much as in them lyeth, and they lawfully may grant, bargain, and sell unto the said R: W: R: B: D: M: E: C: and W: E: all that the foresaid Copyhold, or customary Messuage, or Tenement called C: with the Garden and Orchard therunto belonging, and now in the occupation of the said F: M: holden by Copy of Court-Roll of the foresaid Mannor of W: &c: Together with all Woods, Vnderwoods, Commons, Pastures, Feedings, Wayes, Watercourses, Easments, Proffits, Commodities, Emoluments, and Appurtenances whatsoever, unto all and every the said Copyhold or customary Premises thereby granted, and every part and parcell thereof belonging, or in any wise appurtaining or there wer [...] vsually letten occupyed, or enjoyed, and all the estate right, Title, Interest use, Possession Reversion, and Reversions, Remainder, and Remainders, claim and demand whatsoever, of the said F. M. of, in and to all and singular the Premises hereby granted, and every part and parcell thereof, with the appurtenances; To have and to hold all the said Copyhold or customary Messuage or Tenement called &c. and every part and parcell thereof, with all and every the Appurtenances unto the said R. W. R. B. D. M. E. C. and W. E: their Heirs Habendum. and Assigns, to their own proper use and behoof for ever, according to the custom of the said severall Mannors, wherof the same be respectively holden as aforesaid: And to have and to hold all and singular the said Close or Pasture ground called Hilly Field, and the said Close of arable Land therunto adjoyning, and every part and parcell therof, with all and every the Appurtenances unto the said R. W. R. B. D. M. E, C. and W. E. and their Assigns, to their own proper use and behoof, for and during the naturall life of the said F. M. according to the custom of the aforesaid Mannor of W. aforesaid, Yeilding, paying, performing, and doing unto the said severall Lords of the severall Mannors before mentioned, of whom the Copyhold or customary Premisses hereby granted, are respectively holden, all and every the Fines, Rents, Duties, and Services of Right used and accustomed, to be yeilded, payed, performed, and done for the same: In witness &c.
A Bargain and Sale of Lands, with generall Warranty and good Covenants.
THis Indenture &c. between &c. on the one party, and R, B. &c. on the other party; Witnesseth, that the said R. C. for and in consideration of the Sum of &c. of lawfull &c. wherof &c. hath given, granted, bargained, and sold, and by these presents doth fully and cleerly &c. unto the said R. B. and to his Heirs and Assigns for ever, all that the Mannor of L. alias L. Park, in the County of S. with all and singular the Courts, and Premisses of Courts Leets, and Views of Frank-pledge, and all other Rights, Royalties, Members, Profits, Rents, Services, Commodities, Priviledges, Jurisdictions, Casualties, and Appurtenances whatsoever, to the said Mannor belonging, or in any wise appurtaining, and all and singular Messuages, Lands, Tenements, Rents, Reversions, Services, Commodities, and Hereditaments, with the Appurtenances, commonly called or known by the name of L. alias L. Park, or by the name or names of any of them, set, lying, and being in the Towns, Parishes, or Feilds of G. alias W. T. alias T. and C. in the County of S. or in any of them, or elsewhere, in the said County of S. And all and singular the Messuages, Lands, Tenements, Meadows, Leasues, Pastures, Commons, Woods, Under-woods, Hedg-rows, Waters, Fishings, Rents, Reversions, Services, and Hereditaments whatsoever, with their Appurtenances, set, lying, and being in the Towns, Parishes, Fields, Hamlets, Territories of &c. aforesaid, or in any of them, or else where, in the said county of S. to the said Mannors. of L. alias L. and other the Premisses, or to any of them belonging, or in any wise appurtaining or heretofore taken, accepted reputed, esteemed, or known, to be part, or parcell, or Member of the same Mannor or Park. And all other Lands, Tenements, Rents, Reversions, Services, Commodities, and Hereditaments, with their Appurtenances, now of the said R. C. set, lying, and being in the Towns, Parishes, and Fields aforesaid, or any of them, or reputed and taken for the Lands or Hereditaments of the said R. C: And all such Estate, Right, Title, Use, Possessions, Reversion, Remainder, and Demand, as he the said R. C. hath may, might, should, or ought to have in and to the said Mannors, Park and all, and singular other the premisses with the appurtenances or of, in or to any part or parcel thereof, & also all and singular the Deeds, Evidences, Charters, Court-Rols, Rentals, Mynuments, Escripts, Terrors, Boundaries, Counterparts of Leases and Writings touching, or in any wise concerning the said Mannor & other the Premisses, with the Appurtenances, or any part or parcell thenof. All which said Deeds, Evidences, Charters, Court-Rolls, Mynuments, Escripts, and Writings, [Page 124] or all such and so many of them as the said R. hath, or that he his Heirs Executors or Assigns, may or can come by lawfully, without Suit in Covenant to deliver Deeds. the Law. The said R. C. covenanteth &c. for him &c. to and w [...]th &c. well and safely to deliver, or cause to be delivered to the said R. B his Heirs or Assigns, safe, whole, and uncancelled, at the now Mansion house &c. fcituate &c. at or before the 4. day of December next ensuing the date hereof: To have and to hold the said Mannor of L. Habend. alias L. Park, and the said Park, and also all the said Lands Tenements, and Hereditaments, and all and every other the Premisses, with their Appurtenances, and every part and parcell therof unto the said R. B. his Heirs and Assigns, to the sole only and proper use and behoof of the said R. B: his Heirs and Assigns for ever.
And the said R. C: for him &c: covenanteth &c. in manner and Covenants that he is Owner in fee. form following; That is to say, That he the said R: is now the very true, sole, perfect and lawfull Owner of all and singular the Premisses in Fee, and that he the said R. C. now at the ensealing and delivery of these presents, is lawfully, surely, solely, and indefeasibly seized in Fee, Seised in fee. to the use of himself, and of his Heirs and Assigns for ever, and to none other use, and that without any Condition, further limitation or determination of use or uses, of and in the said Mannor of L. alias L. Park, with the Appurtenances, and of and in all and singular other the Premisses and Hereditaments before mentioned, to be bargained and No Reversion in the Queen. sold. And that there is no Fee-simple, Reversion, or Remainder in the Queen of the same, or any part therof: And that the said R. C. hath full Power, good Right, and lawfull Authority, to give, grant, bargain, sell, Authority to sel. and assure the Premisses, and every part and parcell therof, with their Appurtenances, to the said R. B. his Heirs and Assigns, in manner and Socage, Tenure, and Rent &c. form aforesaid. And that the Premisses by these presents bargained and sold, or meant, or intended to be bargained or sold, and every part and parcell therof, be holden in free Socage, and not in Capite or by Knights Service, but by Fealty, and at the Rent of one pair of gilt Spurs, or 6d. by the year, and not charged by or with any greater Rent, or any other Service whatsoever.
And also that he the said R. C. and his Heirs, shall and will before To make a full assurance by a day. the last day of February next &c. at the costs and charges in the Law of the said R. B. and his Heirs, make and execute, or cause to be made to the said R. his Heirs and Assigns for ever, a good, sure, rightful, perfit, absolute and lawful estate in the Law in Fee Simple, to the only and proper use of the said R. B. his Heirs and Assigns for ever, without any manner of Condition or Defeasance, of, and in the said Mannor, and all and every other the premisses with their appurtenances, and every part and parcel therof, with Warrants against all men, or without Warrants, as by the said R. his Heirs or Assigns, or his, or their Councel learned in the Law shall be reasonably devised or advised.
And further, that the said Mannor, and all, and several other the Discharge of Incumbrances. premisses with their appurtenances, and every part and parcel therof now are, and at the time of the making and executing of the said estate to be made as aforesaid shall be, and from time to time, and at all times hereafter shall and may stand, abide, remain and continue unto the said R. his Heirs and Assigns, freely and clearly discharged, exonerated and acquitted, and otherwise by the said R. C. his Heirs Executors or Assigns, defended, saved and kept harmless of, and from all and every former Bargains, Sales, Gifts, Grants, Estates, Uses, Conditions, Statutes Merchant, and Statute of the staple, Recognisance, Condemnations, Judgments, Executions, Annuities, Fees, Joynters, Dowers, Fines, Issues, Amerciaments, Rents, Charge, Rents-Seck, arrerage of Rent, and of and from all and every other former Titles, Charges, and Incumbrances whatsoever, the Rent and Service afore mentioned hereafter Exceptions. to grow due to be paid and done, and the liberty of one R. H. and his Assigns to fetch and carry away, of, and from the premises, all such Timber, Trees, and Woods, as were there felled and cut down before the 22. day of October last &c. and one Lease made of parcell of the Premisses, to S. H. which shall expire and determine within 15. daies next ensuing the date hereof, wherupon there is received the yearly Rent of &c. of lawfull &c, and one other Lease made of another parcell of the Premisses to W. T. which shall expire and end &c. wherupon &c. and one other Lease &c. wherupon &c. which said severall yearly Rents from henceforth, during the severall continuances of the same severall Leases, shall be due and payable to the said R. B. his Heirs and Assigns. And also such Estate, Right, Title, Interest, and Demand, as R. C: &c. hath in the Moyety or half part of the said Mannor of L. of the Grant or Assignment of I. F. of L. Widow, contained or mentioned in an Indenture, bearing date &c. made between the said I. on the one party, and the said R. C. on the other party, only except and foreprised.
And furthermore the said R. C. for him, his Heirs &c. covenanteth For quiet enjoyment. &c. that he the said R. B. his heirs and assigns, shal and may from henceforth for ever, lawfully, peaceably, and quietly, have, hold, possess, inherit, and enjoy all the said Mannor of L: with the appurtenances, and all and every other the Premisses, with their appurtenances: And shall and may also lawfully receive, take, have, and enjoy, all and singular the Rents, Revenews, Issues, and Profits therof, from time to time coming, growing, and renewing, to the only use and behoof of the said R. B. and of his Heirs and Assigns for ever, according to the purport &c: of these presents, without any let, resistance, disturbance, or interruption of the said R. his Heirs or Assigns, and without any manner of lawfull let, resistance, molestation, eviction, expulsion, recovery, or interruption of any other person or persons whatsoever, other then [Page 126] the said R. C. and his Assigns, claiming by, from, or under the said Estate or Interest of the said R. C. before excepted, and other then such persons as any thing claim in the said excepted Leases, or any of them, and for and concerning such Title and Interest only, as any of the same persons claimeth by force of any of the said Leases so before excepted.
And that he the said R. C. and his Heirs, and B. now his wife, and all and every other person and persons, and their Heirs, having lawfully Further assurances. claiming or pretending to have, or that hereafter shall or may have or lawfully claim or pretend to have any Estate, Title, Interest, or other thing, into or out of the said Mannors and other the Premisses, or any part or parcell thereof, except the said R. C. and his Assigns, claiming by or under the said Estate or Interest of the said R. C. before excepted, and also except such person or persons, as shall claim for or by reason of the Leases aforesaid, or any of them, and for and concerning only their said Titles and Interests of their said severall Leases, and also except I. F. Widow, Mother of the said R. C. for such Title or Right of Dower only as she pretendeth, to have by the ordinary course of the common Law of this Comminalty in the premisses, shall and will upon every reasonable request, at the costs and charges in the Law of the said R. B. his Heirs and Assigns, further do make knowledge and suffer, or cause to be done, made, knowledged, and suffered, from time to time and at all times hereafter, during the space of 7. years, next ensuing the date hereof, and every such further lawfull and reasonable act and acts, devise and devises, assurance and assurances, thing and things, as shall be devised or advised by the said R. B. his Heirs and Assigns, or by his or their Learned Councell in the Law, for the further and more better assurance, surety, and sure making, and for the clear and absolute having of the said Mannor of L. with the Appurtenances, and of all and singular the Premisses, with the Appurtenances, and every part and parcell therof to the said R. B. his Heirs and Assigns for ever, to the sole and only use and behoof of the said R. B. and of his Heirs and Assigns for ever, and to none other use or intent, be it by Fine, Feoffment, Recovery. with Voucher or Vouchers, single or double Deed or Deeds, inrolled or not inrolled, Release with warranty against all men or by any other waies or means whatsoever. And that the said R: C: upon reasonable request, shall and will pay and beare the one Vendors to pay halfe the charges of the fine and Post fine. half of any Fine or Post-fine, touching or concerning any assurances to be had or executed of the Premisses, or any part therof, by and from the said R: and B: his wife, or either of them, or the Heirs of the said R: to the said R: C: his Heirs or Assigns.
And moreover the said R: B: covenanteth &c. That all the said Fines, Feoffments, Recoveries, and other Conveyances and Assurances aforesaid, and every of them shall be and every, and all and singular [Page 127] the persons aforesaid, and all and every other person and persons Assurance whatsoever, that now have or at any time hereafter shall or may have or claim any Estate Title or Interest, in or out of the said Mannor of L with the Appurtenances, and other the premisses with their Appurtenances, or any part thereof, by from or under the parties aforesaid or any of them, or by from or under, or by force or means of these Presents, or of the said Fines, Feoffments, Recoveries or other conveiances or assurances aforesaid, or any of them, shall at all times, and from time to time, from and after every Execution and Executions of every of the said Fines Feoffments Recoveries, or other conveyances or assurances aforesaid, or any of them stand and be seized of the said Mannor of L. with the appurtenances, and of all the Lands Tenements Rents Reversions and Hereditaments abovesaid, and of all and every other the premises with all and singular their Appurtenances, and of every part and parcell thereof to the only use and behoof of the said R. B. his heirs and assigns for ever, In witness, &c.
A Bargain and Sale of Coppy-hold Land, and of Free-hold Land with Covenants for Assurance of each accordingly.
THis Indenture, &c. between I, I. E. &c. and T. E. &c. on the one party, and I. C. &c. on the other party witnesseth, that it is covenanted and agreed between the said parties, in manner and form following, that is to say, the said I. I.. E. and T: E: for them, their heirs Executors and Administrators and every of them, do covenant and grant to and with the said I: C: his Heirs, Executors, and Administrators and every of them by these presents, that they the said J. J. E. and D: his wife, and T: E: and E: his wife, according to the custom of the Mannor of B. in the parish of I: in the said County of Seised of the Coppy-hold. M. now are, or some of them now be, and do stand lawfully and tightfully seized to the only use of themselves and their heirs, or of some of them and their heirs, of and in one Messuage or Tenement with the Appurtenances, &c. and also that they the said J. J. E. and T. E. according to the custome of the Mannor of C. in the said County of M. are, and stand seized to the use of themselves and their Heirs, of and in one close with the appurtenances called L. feild, now or late in the occupation of &c. containing by Estimation &c. all and singular which said Messuages Tenements and closes with their appurtenances according to the severall customes of the said severall Mannors, did descend and come to the said I: I: E. and T: E: and their heirs by and after the decease of A. R. alias E. sometime the wife of W. E: [Page 128] late of B: in the said County of M: And also the said I: I: E: and T: E. for them, &c: do covenant, &c. in manner and form following; that is to say, that they the said I: I. E. and T: E: shall and will procure and cause severall Courts in the said severall Mannors, lawfully and according to the severall customes of the said Mannors to be holden and kept on this side the three and twentieth day of this present month of December, and that then and their at the same severall Courts, the said I: I: E: and D. his wife, and the said T: E: and E: his wife, according to the severall customs of the said severall Mannors in open Court, shall or will surrender all and singular the premisses, To surrender. with all and singular their appurtenances, to and for the only use and behoof of the said I. C: and of his heirs and Assigns for ever. And that he the said I: C: his Heirs and Assigns from henceforth, and For quiet emjoyment discharged of incumbra [...]ces from the time of the severall making of the said severall surrenders, according to the severall customes of the said severall Mannors, shall or lawfully may hold, occupy and enjoy, all and singular the said premisses, with all and singular their Appurtenances, and also have, take, perceive, receive, and enjoy all the issues Rents and profits thereof, and of every part thereof, to and for the only use of the said I. C. and of his Heirs and assigns for ever, clearly and freely discharged, exonerated and acquitted, or otherwise by the said I. I: E: and T: E. their heirs or assigns, from time to time and at all times saved harmless, of and from all and singular former Surrender and Surrenders, Estates Titles Leases Dowers Joyntures Forfeitures arrearages of Rents, and other incumbrances whatsoever, the Rents and Services according to the severall Customes of the said severall Mannors therefore of ancient time accustomed to be paid and done, and from and after the severall making of the severall Surrenders abovesaid to grow due to be paid and done, only except, and moreover the said I. I. E. and T. E. have Bargain and sale of freehold Land. given granted bargained and sold, and by these presents do fully clearly and absolutely give grant bargain and sell to the said I. C. and to his heirs and assigns for ever, all that close of meadow and pasture being Free-hold containing, &c. and all and singular such Deeds, Evidences Copies of Court Rolls Writings and Mynuments, concerning only the premisses or only any part thereof, as now be in the hands or custody of the said I. I, E. and T. E. or in the custody of either of them, or which they or either of them can lawfully get without suit in the Law: Together with the true Copies of all other Evidences, Writings Copies and Mynuments concerning the premisses or any part thereof, joyntly with other Lands and Tenements, they the said I. I. and T. E. for them their Heirs and Executors, do covenant and promise to deliver, or cause to be delivered to the said I. C. his heirs and assigns, at the dwelling house &c. at or on this side the &c. day of May next coming.
And further the said I. and T. do covenant, &c. that they the said Further assurance. I: I. E. and T. E. and E, now the wise of the said T. and all and every other person and persons (the chief Lords of the said severall Mannors for their ancient and chief Rents and services, only except) having or lawfully claiming to have any former Right Title Estate or Interest, in or to the premisses, or any part thereof from time to time and at all times during the space of five years next, &c. at and upon every reasonable request of the said I. C. and of his heirs and assigns, shall and will, do knowledge and suffer, all and every such lawfull and reasonable act and acts, thing and things, as by the said I. his heirs and assigns, or by his or their councill learned in the Lawes of this Realm, shall be lawfully and reasonably devised or advised, for the further or better surety assurance, and sure making of all and singular the said Copy-hold Lands, according to the customes of the said Mannors, and all and singular the premisses to be had and made sure, to the said I. C. his heirs and assigns to and for the only use of the said I. C: and of his heirs and assigns for ever, according to the intent and true meaning of these presents. And moreover the said I T. covenants, &c. that the yearly Rents, Issues, issuing out of the premisses now paid, and usually heretofore paid to the Lords of the Fee and Fees; thereof do not surmount or exceed in the whole the yearly summ of &c, And also that the said Free-hold Land above bargained by these presents now is, and from hence forth for ever, shall abid: and Free from incumbrances. continue clear, and free discharged and acquitted or otherwise by the said I. E. his heirs and Assigns shall be for ever saved harmless to the said I. C. his Heirs and assigns for ever; to and for the only use and behoof of the said I. C. and of his heirs and assigns for ever, of and from all and singular former bargains &c▪ heretofore had made done or knowledged, or to be had made done or knowledged before a lawfull Estate, by livery and seisin shall thereof be had and lawfully executed to the said I. C. and his heirs according to the intent and true meaning of these presents: For and in consideration of which said bargains sales covenants grants articles and agreements, above in these presents specified, and on the part of the said I. and T. their heirs Executors and Administrators, well and faithfully to be holden performed and kept, and for the full and clear purchase and surrender of al and singular the premisses the said I, C. at and before the ensealing hereof, hath paid to the said I. E. and T. E. the summ of &c. for which said summ of &c. In witness, &c.
A Bargain and Sale of Coppyhold Land.
THis &c. between T. H. on the one party, and W. S. &c. on the other party witnesseth, that the said T. H. in consideration of the summ of four hundred pound, &c. whereof &c. hath bargained and sold, and by these presents &c. unto the said W. S. and his heirs, one Cottage or Tenement being customary, or copy-hold Land with a Curtillage and the gardens thereunto adjoyning, sometime called, &c. All which premisses were sometimes the Lands and Tenements of John De vouch, and are now in the Tenure and occupation of the said W. S. or his assigns by virtue of a Lease to him thereof granted by the said T. H. by license of the Lord for divers years yet enduring, and the said T. H. covenanteth, &c. that he the said T. at the ensealing and delivery of these presents, is lawfully seized of such and so good and perfect Estate in fee-simple of the nature of coppy-hold, according to the custome of the said Mannor of S. of all and singular the premisses with their Appurtenances, as descended and came by custome of the said Mannor, unto the said T. H. from S. E. & Sir T. H. Knight, deceased Father of the said T. discharged or otherwise saved harmless, of and from all former bargains sales surrenders forfeitures and incumbrances whatsoever, had made committed or done by the said Sir or the said T. C. (the Lease above mentioned alwaies except) and for that the premisses being holden of the said Mannor, by coppy of court Roll, that he the said T. before the feast, &c. at the costs and charges of the said W. his heirs Executors and Administrators shall and will surrender the premisses into the hands of the Lord of the said Mannor for the time being in such sort as by the said W. S. his heirs or assigns, or his or their learned councill shall be devised or required to the intent that the said Surrender presented by the homage of the said Mannor, the Lord of the said Mannor for the time being, may at his pleasure, grant the premisses to the said W. S. and his heirs, to hold the same by copy of Court Roll, according to the custome of the said Mannor. And that he the said T. H. and his heirs shall and will at the costs and charges of the said W. S. his heirs Executors and administrators from time to time, knowledge perform do and execute, and suffer to be done performed knowledged and executed such reasonable act or acts thing or things which by the said W. his heirs or assigns or his or their councill learned in the Laws of England, shall be reasonably devised advised, and required for the Lawfull and better assurance To make assurance. and conveyance of all and singular the premisses to the said W and his heirs according to the custome of the said Mannor, and according to the true intent and meaning of these presents. Provided alwaies [Page 131] that the said T. H. shall not by reason of any Covenant or Article herein contained, for the passing of any assurance or assurances of the premisses, or any part or parcell therof, be inforced or compelled to travell out of the said County of C.
Moreover the said T. H. covenanteth &c. to deliver or cause to be To deliver Writings. delivered to the said W. S. his Heirs or Assigns, within the space of 7. years next ensuing, upon reasonable request all such Copies, Licences, and Evidences whatsoever, concerning the premisses only, or only any part therof, as be in his own hands or in the hands of any other to his use, which he may obtain or come by without Suit in the Law.
Lastly the said T. H. doth covenant &c. that he the said W. S. his For quiet enjoyment discharged of incumbrances. Heirs and Assigns, and every of them, shall and may lawfully and peaceably possess, have, and enjoy all and singular the premisses, with their Appurtenances, without any manner of lawfull let, disturbance, or eviction of the said T. H. and of Dame J. Lady H. Mother of the said T. and of their Heirs, or of either, or any of them. And also that the premisses shall be discharged or otherwise sufficiently saved harmless, of and from all Incumbrances had, made, or suffered either by the said T. or by the said Sir T. Father of the said T. or by any other, having, holding, or claiming, from, by, or under them or either of them (the Rents and Services due to the Lord of the said Mannor, and his Heirs, and the Lease aforesaid alwaies excepted.) In witness &c.
A Sale of a certain quantity of Iron to be delivered at certain several dayes.
THis &c. Between &c. Witnesseth, That the said Earl, for, and in considera [...]ion of 1000 l. of &c. whereof &c. hath bargained and sold, and by these presents doth bargain and sell to the said R. M. one hundred Tuns of good, perfit merchantable Iron, well and truly to be delivered to the said R. M: his Executors Administrators, or to such other person or persons as the said R. his Executors Administrators, shall in that behalf assign and appoint at B. in the County of W. clerely freed, discharged and acquitted of all charges, duties, payments and demands whatsoever, in manner and forme following &c. twelve Tuns thereof, at, or on this side the last day of September next &c. and eight Tuns more thereof at, or on this side &c. and so from thenceforth monethly on the last day of every moneth as from thenceforth shall next come and follow by course one after another eight Tuns of such Iron as aforesaid, untill the said hundred Tuns of Iron shall be fully and Covenant to deliver at the dayes and places. truly delivered; and the said Earle for him &c. Covenanteth &c. That he the said Earle his Executors Administrators or Assigns, shall, and [Page 132] will make, or cause to be made, full and true delivery unto the said R. M. his Executors Administrators or Assigns, of all and every part of the said hundred Tuns of such Iron as aforesaid at the same dayes, and at the same place, which to, and for the delivery therof above by these presents, is limitted and appointed, without any default or delay, And that the said R. M. his Executors Administrators and Assigns, shal, and may have and enjoy all the said Iron, and every part therof to the only use of the said R. his Executors Administrators and Assigns, without any account, demand, suit or trouble therefore, or for any part therof to be required, commenced or prosecuted, of, or against them, or of any of them by any person or persons. In Winess, &c.
A Bargain and Sale of Lands with the Tenants Attornment to the same.
THis Indenture made &c. Between H. F. on the one party, and F. B. on the other party Witnesseth, That the said H. F. for, and in consideration of a certain sum &c. whereof &c. Hath Given, Granted Bargained and Sold, and by these presents doth fully, clearly and absolutly give &c. unto the said F. his Heirs and Assigns for ever, al those his mannors of M. and C with their appurtenances in the County of K. &c. being late parcel of the Lands and Possessions of E. F. Esquire deceased, late Father of the said H. F. and now lately demised to A. W. by the said H. F. by his Deed, bearing date &c. and now lately Assigned over to A. P. &c. and the Reversion and Reversions, of all and singular the premisses above bargained with their appurtenances, and all the Estate, Right, Title, Interest, Use, Possession, Seisin and Demand whatsoever which the said H. hath may, or ought to have of, in, or to the said Messuages, Lands, Tenements, Rents, Reversions, Services and Hereditaments, and other the premisses with the appurtenances above bargained by these presents & every or any part therof, and all and singular Deeds, Evidences, Charters, Mynuments, Escripts and Writings concerning the premisses above bargained only, or only any part therof, as many of which said Deeds &c. as the said H. or any other to his use by his delivery now hath or have, or that he his Heirs Executors or Assigns shall have, or may lawfully come by without suit in the Law, together with the true Copies of all other Evidences which the said H. hath concerning the Premisses above bargained, or any part there joyntly, with other Lands and Tenements, he the said H. for him his Heirs or Executors, doth Covenant and promise well and safely to deliver or cause &c. to th said F. his Heirs or Assigns at &c. on this side the Feast &c. to have and to hold all the said Mannors, Messuages Habend. [Page 133] Lands Tenements, Rents, Reversions, Services and Hereditaments, and other the premisses above bargained with their appurtenances, and the Reversion and Reversions therof to the said F. B. his Heirs and Assigns for ever to the sole and only use and behoof of the said F. B. and of his Heirs and Assigns for ever; and the said H. F. for him, his Heirs Executors and Administrators, doth Covenant and Grant to, and with the said F. B▪ his Heirs Executors and Administrators, and every of them by these presents in manner and form following, that is to say, That he is seised in fee. That he the said H. in his own Right, and to his own use now at the Ensealing and Knowledging of these presents, is and standeth lawfully and soly seised of a good, perfit, sure and indefeasible estate in the Law in his demesne as of Fee simple, either in Possession or in Reversion immediatly expectant upon the determination of Lease or Leases for years of, and in the said Mannor Messuage. Lands, Tenements and Hereditaments and other the above bargained premisses with their appurtenances. And that the said Mannors Messuages, Lands, Tenements Rents, Reversions Services and Hereditaments, and all other the said That the premisses are discharged of Incumbrances. premisses above bargained with their appurtenances now be and for ever hereafter, shal be stand and continue to the said F. B. and his Heirs clearly and freely discharged and acquitted, or otherwise from time to time, and at all times upon reasonable request shall be well and sufficiently saved harmless by the said H, F. his Heirs Executors and Administrators, of, and from all and singular former bargains and Sales, Joyntures. Dowers, Gifts, Grants, Leases, Annuities, Charges, Estates, Exceptions, Titles, and Incumbrances whatsoever (except alwaies the chief Rents and Services to be due to the chief Lord or Lords of the Fee or Fees of the premisses, only in respect of their Seigniories, and the abovesaid Lease made and granted. of all and singular the above bargained premisses, with their Appurtenances, by the said H. F. to the said A. VV. and I. W. as aforesaid, for the term of 50 years, and for the only yearly Rent of 20 s. therfore yearly to be paid during the same Lease. And except also divers other former particular Leases made by the said H. F. of divers parts of the premisses, which shall determine long before the end of the said Lease, made and granted to the said A. and I. W. And also the said H. F. covenanteth &c. with the said F. B. &c. That the above bargained premisses from and after the expiration or other determination of the said Lease therof made to the said A. and I. W. as abovesaid, and during the said other particular Leases, or any of them heretofore made of the same premisses as aforesaid, shall or lawfully may be to the said F. B. his Heirs and Assigns, of the clear yearly value of 100. Marks of lawfull &c. beyond all reprises or above.
And further, that he the said H. F. and his Heirs, and all and every To make further assurance. other person or persons▪ having or which shall have or lawfully claim or pretend to have any former State, Right, Title, Use, Possession, or [Page 134] Interest, of, in, or to the above bargained Premisses, or any part therof, other then the said chief Lords of their said chief Rents and Services only, and the said Leases only, claiming by their Lease or Leases aforesaid, from time to time, upon every reasonable request, and at the costs and charges in the Law only of the said F. B. his Heirs and Assigns, shall and will do, make, knowledge, suffer, and execute, or cause to be made, done, knowledged, suffered, and executed, all and every such lawfull and reasonable act and acts, thing and things, for the further and better surety, assurance, and sure making of all and singular the Premisses above bargained, by these presents, to be had and made sure to the said F. B. his Heirs and Assigns, to his and their own use and uses for ever: As by the said F. B. his Heirs or Assigns, or his or their learned Councell in the Law of this Realm, shall be lawfully and reasonably devised or advised, and required from time to time, during two years next ensuing the date of these presents.
And further that he the said F. B. his Heirs and Assigns, from henceforth For quiet enjoyment. for ever, shall or lawfully may have and hold, all and singular the Premisses above bargained and sold by these presents, and have, take, receive, and enjoy, all and singular the Rents, Issues, and Profits therof, without any let, trouble, or interruption of the said H. F. or his Heirs, and without any lawfull let, trouble interruption, or eviction of any other person or persons, having or which shall have or claim any Estate or Interest, of, in, or to the Premisses, or any part therof, by or from the said H. or any of his Ancestors, except only such Leases as aforesaid, only for their Leases above excepted. In witness &c.
The Attornment of the Tenant.
MEmorand. that on the third day of November 1652. I A▪ P. Assignee of the within named Lessees. A. and I. W. of and for all their term of years within specified of and in the Lands, Tenements, and Hereditaments within bargained, did therof Attorn to the within named F. B. by the payment of one Angell Noble, in part of payment of the Rent reserved in the Lease made of the Premisses, by the within named H. F. to the said A. and I. W. And in testimony therof I have written this Endorsment with mine own hand, the day and year abovesaid, and subsigned the same.
A Bargain and Sale by a Factor of his Constitutors Goods, to the use of whose Agent the Constitutor had taken up money by exchange on the other side of the Sea.
TO all &c. E. T. of L. Merchant, Agent, and Factor here in the Realm of England, of and for the Business, Affairs, and Merchandizes of P. B. of L. Goldsmith, now resident in Spain, sendeth greeting; Whereas the said P. hath lately taken up in Spain by way of exchange for England, of one I: R. Factor for G. G. and R. G. of L. Merchant Taylors money, and other things there, to the value of 285 l. of lawfull money of England, as by Bills of Exchange therof made and consigned. from the said P. to the said E. may appear.
And wheras the said P. as well for payment of the said Bills of Exchange, as otherwise for his use hath sent and consigned out of Spain to the said E. hither into E. 400 l. weight or therabouts of Cinamon, in a Ship of I. called the Pelecan, to be discharged in the Port of L. or elsewhere in the Realm of E. as may fortune to fall out.
Now the said E. T. for and in consideration of the satisfaction and payment of the said Bills of Exchange truly to be made to the said G. and R. hath bargained and sold, and by these presents doth bargain and sell to the said G. and R: G: all the said 400 l. weight of Cinamon; To have and to hold the same and every part therof to the said G. and R. their Executors and Assigns, for their own use for ever, absolutely without any Condition: Yet nevertheless wheras the said Sum of &c. shall be had, raised, and satisfied to the said G: and R: of the said Cinamon, that then the said G: and R: and their Executors, shall stand accomptable to the said E: for so much as shall be therof made and clearly had to the said G: over and above the said Sum &c. In witness &c.
A Bargain and Sale by Brewers of their Stock in Brewing, as well Implements, Corn, Grain, Casks, &c. as Debts upon Tallies and Scores, with Covenants pertinent for transferring of the Debts.
THis Indenture made &c. between I: S: and P: S: on the one party, and M: R: on the other party; Witnesseth, That the said I: and P: for and in consideration of a certain competent Sum &c. wherof &c. Hath bargained, sold given, granted, and set over, and by these presents, Bargain and Salt. do bargain &c. unto the said M. R. as well all such Wainscot, Glasse, [Page 136] Houshold stuff, Implements, Utnesils, Corn Grain, Hops, Horses, Carts, Draies, Cattle, Kask, Robes, Harness, and things that are mentioned and specified in one Schedule indented, hereunto annexed, as also all such Debts and Sums of money as the Customers belonging to the late Beer Brewhouse of the said I. and P. S. set and being in the Parish of A. in T. Street of L. are indebted and do owe unto the said I. and P. or any other person or persons, being then Partners in the said Brewhouse, joyntly or severally being set down in a Book, dated the 13th. day of January last &c. remaining under the hands of them the said I. P. and M. together with the Books, Tallies, and Scores, as do concern the names and true Sums of the said Customers and Debts (except as in the same Book is excepted:) To have and to hold the said Wainscot, Glass &c. and things contained in the said Schedule, Debts, and Sums of money owing by the said Customers, set down in the Books aforesaid, (except before excepted) together with the said Books, Tallies, and Scores as do concern the same Debts and Customers, and every of them, unto the said M. R. his Executors, Administrators, and Assigns, to his and their own proper use and behoof for ever:
Ano the said I. and P. for them and either of them, their Executors Covenant for quiet enjoyment. and Assigns, and for every of them, do covenant and grant, and either of them covenanteth and granteth by these presents, to and with the said M. R. his Executors and Assigns, that he the said M. R. his Executors or Assigns, shall or may to his and their own use and behoof for ever, peaceably and quietly have, hold, occupy, and enjoy the said Wainscot, Glass, Implements, Corn, Grain Carts, Casks, Cattell, Hops Horses, Drayes, and things contained in the said Schedule, without any let, trouble, interruption, or eviction of the said I. and P. or either of them, their Executors, or Assigns, or any other person or persons, by his or their means or procurement.
And the said I. and P. S. do covenant &c. That the said I. and P. To justifie actions. and either of them, their Executors and Assigns, shall not only at all times hereafter, and from time to time, upon the reasonable request, and at the costs and charges in the Law of the said M. R. his Executors or Assigns, avouch, avow, justifie, and maintain with effect, all such lawfull Action and Actions, Suits, Plaints, Processes, and prosecutions, as he the said M. his Executors Administrators or Assigns, shall take, commence, sue, prosecute or follow in the name or names of them the said I. and P. or either of them, their Executors or Administrators, against all and every, or any of the said Customers, specified in the said Book, (except before excepted) and against all and every, or any of the Executors or Administrators, of the same Customers, for, or concerning the Debts by them owing also specified in the said Book.
But also from time to time upon reasonable request, and at the costs Further assurance. and charges of the said M. his Executors or Administrators, make, execute, [Page 137] and do, cause &c. all such further act and acts, deeds, and devlses, and things unto the said M. his Executors and Administrators, as by the said M. his Executors or Assigns, or Councell learned, shall be reasonably advised or devised, for the better having, recovering, and receiving of the said Debts owing by the said Customaries (except before excepted) to the only use and behoof of the said M. his Executors and Administrators.
And finally the said I. and P. covenant &c. That he the said M. his Not to discharge the debts, &c. Executors Administrators and Assigns, shall and may at all times hereafter, to his and their own use and behoof, lawfully, peaceably, and quietly have, perceive, receive, recover, and take, all and every the said Debts owing by the said Customers (except before excepted) and all costs of Suit, Benefit, and Damages therupon to be had, gotten, or recovered without any let, trouble, deniall release, or acquittance, discharge, bar, stop, or hinderance of them the said I. and P. or any other person or persons, their Partners in Brewing in the said Brew-house, or any of them, or any the Executors or Administrators of them or of any of them, or of any other person or persons, by the means, assent, consent, and procurement of them or of any of them.
And the said M. R. covenanteth &c: That he the said M. his Executors To produce the Book &c. and Assigns, shall and will upon reasonable request, at all times hereafter, from time to time, bring forth into any Court of Record, or other place within L. or W. any such Book or Books, as he the said M. R. his Executors or Administrators, shall have in his or their custody or possession, as do concern the aforesaid Debts excepted by the aforesaid Books, and whatsoever other Debts owing by any Customer or Customers to the said Brew-house, and not set down or written in the aforesaid Book remaining under the hands of the said I. P. and M: wherby the said I. and P. their Executors or Assigns, may recover and get the same Debts: In witness &c.
A Wood-sale, also a Covenant to make free Copy-hold Land.
THis Indenture made between &c. Witnesseth, that the said Sir H. C. Knight, Lord D. for and in consideration of a certain Sum of &c. wherof &c. hath bargained and sold, and by these presents doth bargain and sell to the said R. M. all and singular the Woods, Underwoods, and Trees whatsoever, standing, growing, or being, in or upon all that Wood or Wood-ground called H. Park, within the Lordship of T. in the County of M. except and reserved to the said Lord D. all Timber Trees, already grown sufficient for Timber in and [Page 138] upon the said ground, and Wavers, and Standels to be left on every acre therof, according to the Statute in that case provided; To have, take, fell, and carry away all the said Woods, Underwoods, and Trees, (except only before excepted) to the said R. M. his Executors and Assigns, for the only use of the said R. M. his Executors and Assigns, from time to time and at all times, for and during the space of three years next to ensue and follow, from the Feast of Christmas next &c.
And the said R. M. covenanteth &c. That he the said R. his Executors Covenant to hedge and and scoure ditches. and Assigns, at their own costs and charges, shall within three months next after the first beginning of the felling of the said Woods and Underwoods, well and sufficiently hedge and inclose all the said Wood and Wood-ground called &c. and scour and cleanse the Ditches therof, and preserve and keep in as good sort as they conveniently may or can, all the young Springs arising in the same, during the time wherin the said Wood, Underwoods, and Trees shall be in felling, carrying, and avoiding away from the said ground called &c. and shall therin leave standing the said Timber, Trees, and Wavers, and Standels aforesaid without fraud or covin.
And the said Lord C. covenanteth &c. that he the said R. M. his Executors For quiet enjoyment. and Assigns, for their own use and commodity, from time to time and at all times, during the said term of three years, shall and may lawfully and quietly have, take, fell, and carry away, and enjoy the said Woods Under-woods, and Trees (except only before excepted) without any let, impediment, deniall, or resistance of the said Lord C. his Heirs or Assigns, and without any lawfull &c. of any other person or persons.
And further that wheras J. E. a Copyholder of the said Lord C. within his said Lordship of T. hath bargained and agreed to surrender to the use of the said R. M. and his Heirs for ever, according to the custom of the said Lordship, all the Copyhold of the said J. within the said Lordship. The said Lord C. covenanteth &c. That at all times hereafter, at and Covenant to enfranchise Copyhold Land. upon the reasonable request and costs and charges in the Law of the said R. M. or his Heirs, the said Lord C. his Heirs and Assigns, shall and will enfranchise and make free to the said R. and his Heirs all the said Copy-hold Land to be had and holden to the said R. and his Heirs for their own use in Fee-simple for ever, without reservation of any manner of Rent, Service, or Demand whatsoever: In witness &c.
A very good Bargain and Sale of a Lordship and Mannor from a a man and his wife, the wife having Joynture, &c.
THis Indenture &c. between H. VV. and D. his wife on the one party, and I. B. on the other party witnesseth, That the said H. W. and D. his wife, for, and in consideration of the sum of &c. to the said H. before the ensealing of these presents well and truly paid by the said I. B. wherof, and wherwith the said H. and D. do acknowledge themselves satisfied and paid; and thereof, and therfore do clearly release, discharge, exonerate and acquit th said I. B. his Heirs Executors and Administrators by these presents, have aliened, granted, bargained and sold, and by these presents do alien &c. unto the said I. B. his Heirs Grant. and Assigns for ever, all that the Lordship and Mannor of C. with the appurtenances in the County of E. &c. and all those woods, groves, underwoods and wood-grounds with their appurtenances in C. aforesaid, called L. Wood and S. Wood, and all and singular Mannors, Messuages, Lands, Tenements, Rents, Reversions, Waters, Fishings, Commons, Wasts, Wayes, Profits, Easements, Commodities and their Hereditaments with their appurtenances, which the said H. W. and D. his wife have, or either of them hath or ought to have within the said parish of C. in the said County of E. and all and singular Courts Leets, vew of Frank-pledge, Franchises, Liberties, Jurisdictions, Priviledges, Rents, Profits, Royalties and commodities, whatsoever, which the said H. and D. have or ought to have, or lawfully might have in the said Lordship and Mannor, and other the premisses, or in any part or parcel thereof, and the Advowson and Right of Patronage of the Parish Church of C. aforesaid, and also the Reversion and Reversions, Rents and Profits of all and singular the premisses, and all and singular Letters Patents, Deeds, Charters, Evidences and Writings whatsoever touching or concerning the premisses or any part therof (except and alwayes foreprised, out of the Bargain and Sale aforesaid, all that house and 75. Acres of Medow Land and Pasture, whether it be more or less Exception. called Woodhern R. or otherwise R. and eight acres of land, late in the occupation of I. B. Gent. to have, hold and enjoy the said Lordships, Habend. Mannors, Messuages, Lands, Tenements and Hereditaments, and the Avowson aforesaid, and all other the premisses with all and singular their appurtenances, and the Reversion and Reversions therof (except only before excepted) to the said I. B. his Heirs and Assigns for ever to and for the only use and behoof of the said I. B. and of his Heirs and Assigns for ever; and the said H. W. for him his Heirs Executors and Administrators, and every of them doth Covenant and Grant to, and with the said I. B. his Heires Executors Administrators and Assigns [Page 140] and every of them by these presents in manner and form following, that is to say, That he the said H. and the said D. his wife to the only use and behoof of the same H. and D. and of the Heirs and Assigns of the same H. now are, and at the ensealing and delivery of these presents shall be and stand seised (the said H. in his Demesne as of Seised in Fee and power to sell. Fee-Simple and the said D. in her Demesne as of Free-hold for term of her life) of, and in all and singular the said Mannors and Lordships, and all and every other the premisses with all and singular their appurtenances without any condition or determination, or limitation of use, and that of such estate the said H. and D. now have good right and lawful power and authority to Grant, Alien, Convey and Assure the said Mannor and Lordship, and all and every other the premisses with the appurtenances (except only before excepted) to the said I. B: and to his Heirs and Assigns in form aforesaid for ever, And that the said Mannor and Lordship, and all and every other the premisses with their appurtenances (except only before excepted) now are, and from henceforth for ever shall be, and continue to the said I. B. his Heirs and Assigns, cleer and free discharged and acquitted, or otherwise from time to time and at all times upon request sufficiently saved harmless of, and from all and singular former Bargains, former Sales, Gifts, Discharged of Incumbrances. Grants, Leases, Estates, Rrecognizances, Bonds, Joyntures, Dowers, Fees, Annuities Rents, Charge, Rents-seck, Arrerages of rent, Title of Dower, Wills, Entailes, Entrusions, Fines, Amerciaments, Titles and Incumbrances whatsoever, had made, done or suffered, or to be had &c. by the said H. W. and D. his wife, or by S. T: alias C. widow, or by any of them, or by any other person or persons having any lawful Estate, Title or intetest in or to the said Mannor or Lordship, and other the above bargained premisses or any part therof by, or under the estate of the said H. D. and S. or of any of them before a lawfull estate shall be therof made and lawfully executed to the said I. B. and his Heirs according to the intent and true meaning of these presents except alwayes, as well the chief Rents and Services hereafter to grow due to chief Lords of the fee or fees of the premisses in respect of these Signiories only, and all Estates heretofore Made and Granted by Copy of Court Roll of any ancient Copy-holders, according to the Custome of the said Mannor or Lordship whereupon the ancient Rents and Services are reserved here to be paid and done from time to time to the said Lordship or Mannor for the time being as of ancient time hath been used. And also one Lease which the said H. by his Indenture, bearing date, &c. did Make and Grant to the said R. L. and his Assigns without impeachment of any manner of wast (voluntary wast of houses only except) for the term of sixty years commencing at the Feast of &c. then last past, upon which Lease there was reserved 40 l. of &c. yearly payable to the said H. and his Heirs wherof 6 l. yearly the said H. hath [Page 141] released, and 40 l. of yearly rent residue therof from henceforth due, all the residue of the said term now to come shall be yearly due and payable to the said I. B. his Heirs and Assigns. And moreover, the said H. W. Covenanteth &c. for himself his heirs &c. that they the said H. W. and D. his wife before the second day of Feb. now next comming or upon any reasonable request of the said J. B. his Heirs or Assigns, and at the costs and charges in the Law only of the said J. B. or of his Heirs or Assigns, shall and will in due form of Law (for better assurance of the premisses above bargained and sold) knowledge To levy a fine. more fine or fines of the said Lordship or Mannor with the appurtenances of the said Advowson and of the free fishing in the water of C. called the Mill-Water, and of all other the premisses before bargained and sold to the said J. B. and his heirs with warranty only against the said S. T. and other heirs, and against the said H. W. and D. his wife, and the heirs of the said H. As by the said I. B. his heirs or assigns, or by his or their Councel learned in the Laws of this Realm shall be lawfully and reasonably devised or advised, Provided alwayes that the said H. W. and D. or any one of them or their heirs shall not be enforced to travel out of the City of L. or H. about the leavying of the said Fine. And further that the the said H. W. and D. his wife, and all, and every other person or persons, having, or lawfully claiming or pretending to have any manner of Estate, Title or Interest of, in, or to the premisses, or any part therof, granted, bargained and aliened by these presents other then the chief Lord or Lords of the Fee or Fees of whom the premisses, or any part therof are holden for the chief Rents and Services only and other then such person or persons as hath any Estate or Interest by Copy of Court Roll of any part of the said premisses, by or under the estate of the said H. W. and other then such person or persons as shall claim only by the said Lease made to the said R. L. as aforesaid upon every reasonable request or requests of the said J: B: his Heirs or Assigns, from time to time, and at all times during five years next ensuing the date of these presents, at the costs and charges in Law only of the said J. B. his Heirs or Assigns, shall and will do, knowledge, suffer and execute, or cause to be done, knowledged, suffered and executed, all and every such act and acts, thing and things in the Law whatsoever. which by the said J. B. his Heirs or Assigns, or by his or their Councel learned in the Laws of this Realm shall be lawfully or reasonably devised or advised for the further and more better conveying assuring surety and sure making of all the said Mannor and Lordship, and all other the above bargained Premisses, and the Reversion and Reversions Rents and Profits therof To make further assurance. to be had, conveyed and made sure to the said J. B: his Heirs and Assigns for ever without any Condition according to the intent and true meaning expressed in this present Indenture. In Witness &c.
A Bargain and Sale by a man and his wife of Land in London.
THis Indenture, &c. between Sir T. G. &c. Knight and Dame A. his Wife on the one party, and N. B. &c. on the other party, witnesseth, that the said Sir T: G: and Dame A. his wife for and in consideration of the sum of one thousand pounds of &c. to him the said Sir T. before hand paid &c. have aliened bargained and sold, and by these presents doe alien bargain, and sell unto the said N. B: and his heirs for ever, all that capitall Messuage or Mansion house with the Tenements adjoyning with their Appurtenances in Bashishaw, in L. which the company of M. in L. were assured to Sir I: G Knight deceased, and I. G: his son and to their heirs, and which said I: G: the son, and E: his wife by their Deed indented, inrolled in the high Court of Chancery, and bearing date the third day of January anno 9 nunc R. R. amongst other things, did bargain sell give and grant to the said Sir T. G: and A: S: Gentleman now deceased, and to their heirs and assigns for ever: all and singular shops roomes ware-houses buildings yards entries gates lights gardens, profits commodities easements and here ditaments whatsoever to the capitall messuage, and all other the said Tenements or to any of them belonging, or in any wise appurtaining: or with the same or any of them as part or parcell of them, or any of them now or late heretofore had used demised or occupied, and the reversion or reversions of all and singular the said premisses, and all and singular Charters Evidences and writings, touching or concerning the premisses or only any part thereof: To have and to hold the said capitall Habend. Messuage and Tenements, and all other the premisses with their Appurtenances to the said N: B: his heirs and assigns for ever, and That they or one of them are seised in fee and have power to sell. the said Sir T: G: for him his heirs Executors and Administrators, and every of them, do covenant and grant to and with the said N: B: his heirs Executors and assigns, and every of them by these presents in manner &c: that is to say, that he the said Sir T: G: and Dame A: or or one of them in their, or one of their own Right, or to their or one of their own use now are or be, and standeth lawfully seised of a good perfect and absolute estate in the Law in fee simple, of and in the said capitall messuage and Tenements, and other the premisses with their appurtenances, and have, or one of them hath good and lawfull Right and authority to bargain sell and assure the same to the said N: B: his heirs and assigns for ever, according to the true meaning of these That the premisses are discharged of incumbrances. presents. And that the said capitall messuage and Tenement, and all other the premisses with their appurtenances now are, and for ever [Page 143] here after shall be and continue clear, and free discharged and acquitted, or otherwise at all times saved harmless by the said Sir T. his heirs Executors or administrators, of and from all and singular former Bargains Sales Grants Estates Bonds Statutes intrusions Dowers Title of Dower Joyntures Rents A [...]rearages of Rents, and other Charges and Incumbrances whatsoever, had, made, done, or grown, or to be had, made done or grown by or from the said Sir T. G. or by any other person or persons, under his title or by his means or procurement, and of and from the Joynture and title of dower of E. the wife of the said I G. and that he the said N B. his heirs and assigns, shall and may peaceably and quietly from henceforth for ever, have hold and occupy the said capitall messuage and Tenement, and all other the premisses with the appurtenances, and take perceive Receive and enjoy the Rents Issues and profits therof, for the only use of the said N. his heirs and assigns, from henceforth for ever, without any let trouble eviction recovery or expulsion, of or by him the said Sir T G or otherwise by any other person or persons by the means title or procurement of him the said Sr. T. and also that the said Sr. T. and Dame A. and the said I G To acknowledg a fine. on this side and before the feast of all Saints now next coming, at the costs and charges in the Law, only of the said N. B. his heirs or assigns shall and will knowledge one fine or Sur cognizance de droit come ceos que il adde ton done &c. in due form of Law according to the usuall course of fines unto the said N. B. of the said capitall messuage and Tenement, and all other the premisses, and the same by the said fine shall remise and quitt claim from them and their heirs to the said N. and his heirs for ever, with warranty against themselves and the heirs of the said Sr. T for ever, which fine so had and knowledged, shal be to the use of the said N. B. and his heirs and assigns for ever.
And moreover the said Sr T G covenanteth, &c. that he the said Sr. T. and his heirs, and the said Dame A. his wife at all times during seven years, next after the date of these presents, at the reasonable Request and costs and charges in the Law, only of the said N. his heirs or assigns shall and will do make knowledge and suffer, and cause to be done made knowledged and suffered, all and singular act and acts thing and things, in the Law with warranty only against him and his heirs which by the said N▪ his heirs or assigns, or his or their learned councill in the Lawes of this Realm, shall be lawfully & reasonably devised or advised for the further and better assurance and sure making To make further assurance. of all and singular the premisses to be had and made sure to the said N his heirs and assigns, for his and their own use absolutely without any condition whatsoever, In witness, &c.
A Bargain and Sale of a Mannor or Farm, with transferring of the benefit of the Covenants made to the Vendor in his Purchase, and of a Recognizance for performance of the same Covenants.
THis Indenture &c. between &c. witnesseth, That the said W. Marquess of W. for and in consideration of the Sum of 700 l. of &c. to him the said W. Marquess of W. by the said W. D: already paid, wherof the said Marquess acknowledgeth himself satisfied, and therof dischargeth the said W. D. hath granted, bargained, and sold, and by these presents doth fully and clearly grant, bargain, and sell unto the said Grant. W. D. and C. all that the Mannor, Capitall Messuage, or Farm called W. in the County of M. with all his Rights, Members, and Appurtenances, and all the Messuages, Tofts, Cottages, Gardens, Lands, Tenements, Meadows &c:
All which Mannors or Farm, and other the premisses, T. E. of C. in the County of B. Esquire, by his Indenture dated &c. made between him the said T. on the one party, and the said Marquess on the other party, bargained and sold unto the said Marquess and his Heirs. All Evidences, Deeds, Charters, Escripts, Mynuments, and Writings which do concern only the premisses, or only any part therof: And the true Copies of all others which the said Marquess hath concerning the Premisses, and other Tenements and Hereditaments, to be written out at the costs and charges of the said W. D. his Heirs Executors or Administrators, as many of the same Deeds, Escripts, and Writings, as now be in the hands, possession, and custody of the said Marquess, or of any other person or persons to his use, by his delivery, and that he without Suit in Law may lawfully come by. The said Marquess for him his Heirs Executors and Administrators, doth covenant and grant by these presents, to and with the said W. D. his Heirs Executors and Administrators, to deliver or cause to be delivered to the said W. D: his Heirs Executors Administrators or Assigns, on this side or before the Feast of Pentecost next coming, after the date hereof: To have and to hold the Habend. said Mannor, Capitall Messuage, or Farm, and all other the Premisses, with their Appurtenances, unto the said W. D. and C. and to the Heirs and Assigns of the said VV. D. and to the only and proper use and behoof of the said W. D. and C. and of the Heirs and Assigns of the said W. D. for ever.
And the said W. Marquess of W. for him, his Heirs Executors and Administrators, doth covenant and grant by these presents, to and with the said W. D. his Heirs Executors, and Administrators, that he the said Marquess at the time of the delivery of these presents, is sole, just, and rightfull Owner in Fee-simple, without condition of all and singular [Page 145] the Premisses: And that he hath full power and lawfull authority, to give, grant, bargain, and sell the Premisses, and every parcell therof unto the said W. D. and C. and to the Heirs and Assigns of the said W. D. in manner and form aforesaid.
And that he the said Marquess, his Heirs Executors or Administrators, For discharging of Incumbrances, and quiet enjoyment. shall and will at all times hereafter, and from time to time acquit, discharge, or save harmless, as well the said Mannor, Capitall Messuage, Lands, Tenements, Hereditaments, and all other the Premisses whatsoever, with all and singular their Appurtenances, and every part and parcell therof, as also the said W. D. and C. and the Heirs, Executors, and Administrators of the said W. D. of and from all manner of former Bargains, Sales, Promises, Joyntures, Dowers, Estates, Tail, Legacies, Conditions, Rights, Rent Seck, Rent charge, Recognizances, Statutes Merchant, Statutes of the Staple, Forfeitures, Intrusions, and all other Titles, Charges, and Incumbrances whatsoever, had, knowledged, done, caused, or made by the said Marquess, or by his assent, consent, or procurement▪ at any time or times, the Rents and Services therof from hence forth to be due to the chief Lord or Lords of the Fee or Fees of the Premisses, only except and fore prised.
And that he the said VV. D. and C. and the Heirs of the said VV. shall For further assurance. and may peaceably and quietly have, hold, occupy, and enjoy the Premisses and every parcell therof, without any lawfull Suit, Eviction, devesting, or disturbance of the said Marquess, or of any his Heirs, or of any other, claiming by, from, or under him.
And that he the said Marquess and his Heirs, shall and will do and suffer to be done at all times hereafter, within the space of three years next ensuing, at the costs and charges in the Law of the said W. D. and C. or one of them, or of the Heirs Executors or Administrators of the said VV. D. all and every act and acts, thing and things, as shall be reasonably devised or Advised by the said VV. D. and C. and either of them, or of the Heirs Executors or Administrators of the said VV: D: or their learned Councell in the Law of any of them, for the further assurance and sure making of the Premisses and every parcell therof, unto the said VV: D: and C: and to the Heirs and Assigns of the said VV: be it by fine or feoffment, recovery, inrollment of these presents, or otherwise with warranty only against the said Lord Marquess and his Heirs, so as the said Marquess and his Heirs shall not be driven and compelled, for making of any such assurance to travell out of his or their house or houses. And further the said Marquess covenanteth &c. That he the said For suing upon breach of Covenants made to the Grantor. VV: D: his Executors and Administrators, shall and may at all times hereafter, at his and their costs and charges, for and in the name of the said Marquess, his Executors or Administrators, attempt, commence, prosecute, and sue all and all manner of lawfull Actions and Suits whatsoever, against the said T: E: his Heirs Executors or Administrators, [Page 146] for or by reason of any Couenant, Article, or Agreement, specified or contained in the said Indenture, bearing date the said &c: which ought to be observed, performed, fulfilled, and kept, on the part and behalf of the said T: his Heirs Executors or Administrators, and which heretofore hath been, or hereafter shall be broken or not observed or performed by the said T. his Heirs Executors or Administrators. And also one Writ or divers Writs of Scire facias, and all other Actions and Suits whatsoever, which may or shall be lawfully attempted, commenced, prosecuted, or sued against the said T. E. his Heirs Executors Administrators or Assigns▪ or their Goods and Chattels, Lands and Tenements, for or by reason of any Recognizances, bearing date the &c. knowledged by the said T. E. before our said Soveraign Lord the King, in his High Court of Chancery, wherin the said T. standeth bound to the said Marquess in the Sum of 2000 l, of &c. which Recognizance was made for the performance of the Covenants specified and contained in the said Indenture, which on the part and behalf of the said T. his Heirs Executors or Administrators, ought to be observed or kept.
And that he the said Marquess, his Heirs Executors and Administrators, To justifie actions &c. shall and will at all times, avow, justifie, and maintain all such lawfull Actions, Suits, and Executions. And that he heretofore hath not done, caused, or suffered to be done, any thing, wherby the said Covenants and Agreements contained in the said former Indenture, or any of them, or the said Recognizance, or the said Sum of 2000 l. contained in the same, were or shall be released, defeated, extinguished hindered, or determined. And that he the said Marquess, his Heirs, Executors or Administrators, shall not willingly and wittingly be non-suit in any of the said Actions or Suits, or discontinue the same, or other thing do, cause, or suffer to be done, for or touching the abatement, bar, hurt, hinderance, or impairing of the said Actions, Suits, or Executions, without the assent of the said W. D, his Executors or Administrators therunto first had and obtained. And that he the said Marquess, his Heirs Executors and Administrators shall and will at all times hereafter permit and suffer the said W. D. his Executors and Administrators, to levy, perceive, take, have, and enjoy to his and their own use and uses, the Sums of money, costs, damages and benefit whatsoever, by such Actions, Suits, and Executions, or any of them, as shall or may be recovered, had, obtained, or gotten: And shall do all such acts and things, for the assurance of the same to the said W. D. his Executors or Administrators, as by him, his Executors or Administrators, or his or their learned Councell in the Law shall be reasonably devised, or advised and required so to be done: In witness &c.
A Bargain and Sale by a man and his wife, of a house in London, with Covenants to transferr the benefit of Bonds, and Covenants made to the Vendor at his Purchase.
THis Indenture made &c. between G. M. and A. his wife, T. M. Son and Heir apparant of the said G. And R. M. second Son of the said G. on the one party, and R. C. on the other party, witnesseth, That the said G. and A. his wife T. M. and R. M. for and in consideration of the Sum of &c. to the said G: well and truly paid by the said R: C: before the ensealing of these presents, wherof and wherwith the said G: and A: T. M. and R. M: do acknowledge themselves satisfied, contented and paid, and therof and of every part therof, do acquit and discharge the said R. C. his Heirs Executors and Administrators by these presents, hath given, granted, bargained, and sold, and by these presents Grant. doth give, grant, bargain. and sell ro the said R. C. his Heirs and Assigns for ever, all that Capitall Messuage, or Tenement, with the appurtenances. And also all and singular Shops called Cellars, Sollers, Ware-houses, Yards, Rooms, Commodities, Easements, and Hereditaments, to the said Messuage or Tenement belonging, or in any wise appurtaining. And the Reversion and Reversions of all and singular the Premisses; which said Messuage and Tenement, and other the Premisses with the Appurtenances, our late Soveraign Lord Edward the 6th: late King of England, by his Letters Pattents, dated at L: the 00. day of N. in the second year of his late Raign, amongst other things, did give and grant to W. G. and to their Heirs for ever: And the said VV. G. and VV. H. the same also amongst other things by their Deed &c. in the said second year of the said late Raign of the said late King Edward the 6th. did give and grant to T. B. &c. and his Heirs for ever. And sithens as well the said T. B. as also one I. N. &c. have severally conveyed and assured the Messuage or Tenement, and all other the Premisses to the said G. VV: and to his Heirs and Assigns for ever: As by their severall conveyances therof made to the said G. and his Heirs, will plainly appear.
And all the Estate, Right, Title, Interest, Reversion, and Demand whatsoever, which the said G. A. T. and R. VV: have, or any of them hath, shall, or may have, of, in, or to the said Messuage or Tenement, and other the Premisses, with their Appurtenances, or of, in, or to any part or parcell therof: And all and singular Deeds, Charters, Evidences, and Writings concerning the same Messuage or Tenement, and other the Premisses, or any part therof: To have, hold, and enjoy all Habend. and singular the said Messuage and Tenement, with the appurtenances, and all and every other the Premisses with their appurtenances, and [Page 148] the Reversion and Reversions therof to the said R. C. his Heirs and Assigns for ever, to and for the only use and behoof of the said R. C: and of his Heirs and Assigns for ever.
And the said G: W. T. W. and R. W: for themselves and every of Seised &c. them, and for their Heirs Executors and Administrators, and every of them, do covenant and grant, to and with the said R: C. his Heirs Executors Administrators and Assigns, and every of them by these in form &c. That is to say, That he the said G. W: and A. now his wife, are and do stand lawfully seised of the said Messuage, and all other the Premisses, that is to wit, the said G. in his Demesne as of Fee, and the said A. in her Demesne as of free-hold, for term of her life: And that he Power to sell. the said G: and A: his wife, and T. W. and R. W. or some of them, now be the very true and only lawfull and rightfull Owners of the said Messuage and Tenement, and all other the premisses, with their appurtenances: And have good right & lawful power and authority, to give, grant, bargain, sell, and assure by these presents, the same and every part Discharge of Incumbrances. therof to the said R. C. his Heirs and Assigns for ever. And also that the said Messuage and all other the Premisses, with their appurtenances, and the Reversion and Reversions therof, now are and hereafter shall be and continue to the said R. C. his Heirs aad Assigns, clearly discharged and acquitted, or by the said G. T. and R. their Heirs Executors or Administrators, from time to time and at all times, sufficiently keep harmless, of and from all and singular former Grants, Bargains, Sales, Leases, Titles, Estates, and Incumbrances, had, made, knowledged, done, caused, or procured by the said G. T. and R. or any of them, or any other lawfully claiming by or from them or any of them, the chief Rents and Services therof, from henceforth to grow due to the chief Lords of the Fee, in respect of their Seigniory, only except and fore-prised.
And further the said G. T. and R. do covenant &c. that he the said R. C. his heirs and assigns, shall and may peaceably and quietly from henceforth for ever, hold, possesse, and enjoy the said Messuage and T [...]nement, and all other the Premisses, with their appurtenances, to and for the only use and behoof of the said R. C. and of his Heirs and Assigns for ever, without any let, interruption, molestation, resistance or eviction of the said G. T. and R. or any of them, or the Heirs of any of them, or of any other person or persons, which have or shall have, or lawfully shall claim to have any Estate, Right, Title, or Interest, of, in, or to the said Messuage and Tenement, and other the Premisses, or any part therof, by, from, or under the Estate, Title, or Interest of the said G. T. and R. or by, from, or under the Estate, Title, or Interest of any of them. And moreover that the said G. and A. now his wife, and For further assurance. the said T. and R. W. and their Heirs, and all and every other person and persons now having, or which hereafter shall have, or lawfully [Page 149] claim to have any former Estate, Right, Title, or Interest, of, in, or to the said Messuage and Tenement, with the appurtenances, or any other the Premisses, or any part therof, by, from, or under the Estate of the said G. upon every reasonable request, from time to time and all times, during three years next ensuing, from the day of the date of these presents, at the costs and charges of the Law only of the said R. C. shall and will do, make, knowledge suffer, and execute all and every such lawfull and reasonable act and acts, thing and things, with warranty only against themselves and their Heirs, and all other, claiming by or from them or any of them, which the said R. C. his Heirs or Assigns, or his or their learned Councell, shall reasonably and lawfully devise or advise and require, for the further and better conveyance, surety, assurance and sure making of the said Messuage and Tenement, and all other the Premisses with their appurtenances, to be had, conveyed, and made sure to the said R. C. his Heirs and Assigns for ever, absolutely in Fee-simple, for the only use of the said R. C. and of his Heirs and Assigns for ever.
And the said G. T. covenanteth &c. That he the said R. C. his Heirs Executors, and Administrators, at their own costs and charges, shall and may lawfully have, use, and prosecute in the name and names of the said G. and of his Executors and Administrators, all and singular Suits, Actions, Remedies, and Recoveries against the said T. B. and I. M. their Heirs Executors, and Administrators, and the Heirs, Executors and Administrators of every of them, from time to time and at all times, which can or may be taken, commenced, or prosecuted upon any Covenant or Bond made to the said G W. by the said T. B. and one I. B. and by the said I. N. or by any or either of them, in any wise touching or concerning any other Bargain or conveyance of the Premisses, or any part therof.
And further that the said G. his Executors and Administrators, shall and will allow, avow, and justifie, all and every Action and Actions, Suits, Plaints, and Recoveries whatsoever, upon any the said Covenants, Bargains, Conveyances, or Bonds aforesaid, or any of them, which by the said R. his Heirs Executors or Administrators, at their own proper costs and charges, in the name or names of the said G. or his Executors or Administrators, shall be had, sued, commenced, or prosecuted. And also that he the said G. heretofore hath not, nor he the same G. his Executors or Administrators, or any of them, without the speciall request and consent of the said R. C. his Heirs Executors or Administrators, shall not, or at any time hereafter discharge any of the said Bonds, Covenants, Bargains, Grants, or Conveyances, nor shall release, discharge, withdraw, deliver, hinder any Action, Suit Recovery, or Execution whatsoever, to be commenced, sued, or had upon any of the said Covenants, Bonds, Bargains, Grants, or Conveyances, [Page 150] neither shall wilfully commit, do, or knowledge any act or acts, thing or things whatsoever, which might hinder, prejudice, or abate any of the said Actions, Suits, Recoveries, or Executions in any wise, without such speciall consent and request as aforesaid.
And moreover that he the said R. C. his Heirs Executors and Administrators, shall or lawfully may have, take, and enjoy, to the only use and profit of the said R. and of his Heirs, Executors, and Administrators, all the benefits, advantages, and commodities of all and every the said Actions and Suits, and of the Executions therof, without any let, impediment, deniall, or resistance of the said G. his Heirs Executors or Administrators, and without any account therfore, or for any part therof to the said G. his Executors or Administrators, to be made or given: In witness, &c.
A Bargain and Sale by a Company, of Land in London, where the Grantee chargeth back the Land, with an Annuity to the Company for ever.
THis Indenture &c. between the Wardens or Keepers, and Fellowship of the Mystery of B. of the City of L. on the one party, and A. R. &c: of B. on the other party, witnesseth, That the said Wardens &c. have given, granted, bargained, and fold, and by these presents do &c. to the said A. R. and his Heirs for ever, all that their Messuage or Tenement, with the Appurtenances, scituate, lying, and being in the the Parish of &c. in L. aforesaid, now or lately being in the Tenure or Occupation of the said A. R. and now commonly called and known by the name and sign of the S. And also all and singular Shops, Cellars, Sollers, Chambers, Buildings, Yards, Lights, Rooms, Waies, void Grounds, Commodities, Easements, and Hereditaments, whatsoever they be, with all and singular their Appurtenances, to the said Messuage or Tenement belonging or appurtaining, or as any part or parcell of the same, now or lately, or at any time heretofore demised, letten to Farm, had, used, or occupied with the same. And the Reversion and Reversions of the said Messuage or Tenement, and of all other the Premisses, with all and singular their Appurtenances, and all the Right, Title, Interest, and Estate whatsoever, which the said Wardens or Keepers and Fellowship of the Mystery of B. of the City of L. and their Successors, have, can, or may have, of, in, or to the said Messuage or Tenement, and all other the Premisses with their Appurtenances, and every or any part or parcell therof, by any way or means whatsoever. And all and singular Deeds, Evidences, Charters, and Writings, which [Page 151] the said Wardens or Keepers, or any of their said Fellowship, or any other, to their use, have, or can, or may lawfully get or come by without Suit in the Law. To have, hold, and enjoy all the said Messuage Habend. and Tenement, and all and every other the Premisses with their Appurtenances, and the Reversion and Reversions therof, and all the said Estate, Right, Title, and Interest of the said Wardens or Keepers, and Fellowship of the Mystery of the B. of the City of L. and of their Successors, of, in, and to the same, and every or any part or parcell therof to the said A. R. his Heirs and Assigns for ever, to the only use of &c.
And the said Wardens or Keepers and Fellowship of the Mystery of Covenant to discharge of Incumbrances. the B. of the City of L. for them and their Successors, do covenant and grant to and with the said A. R. his Heirs Executors Admininistrators and Assigns, and every of them by these presents, in form &c, That they the said Wardens or Keepers and Fellowship of the said Mystery, and their Successors, shall and will at all times, and from time to time hereafter, acquit, discharge, or otherwise save and keep harmless, as well the said Messuage and Tenement, and all other the Premisses, with their appurtenances, and the Reversion and Reversions therof, as also the said A. R. his Heirs Executors Administrators and Assigns, and every of them, of and from all and singular former Grants, Bargains, Sales, Leases, Annuities, Rents, Charges, arrerages of Rents, and also of and from all former Estates, Uses, Interests, Charges, and Incumbrances, had, made, given, granted, pretended, challenged, claimed, demanded, or charged, or to be had, made &c. by the said Wardens or Keepers and Fellowship aforesaid or their Successors, or by any other person or persons whatsoever, all Leases and Estates for term of years heretofore made of the Premisses to the said A. R. and his Assigns, and the chief Rent to be therof due and payable to the chief Lord or Lords of the Fee, only except and fore-prssed.
And further, that they the said Wardens &c. and their Successors, To make further assurance. at and upon every reasonable request to them the said Wardens for the time being to be made by the said A. R. his Heirs and Assigns, and at the costs and charges in the Law, only of the said A: R. his Heirs Executors or Assigns, shal and will make, do knowledg and suffer and cause &c. all and every such further assurance and assurances, and do all, and every such lawful act and acts, thing and things in the law whatsoever, which during the term of seven years next ensuing the date of these presents by the said A. R. his Heirs or Assigns, or by his or their Councel learned in the Laws of this Realm from time to time shall be reasonably and lawfully devised or advised for the further or better conveyance, assurance, surety and sure making of all the said Messuage and Tenement, and all other the premisses with their appurtenances, and of every part and parcel therof, and of the Reversion and [Page 152] Reversions therof to be had, conveyed and sure to the said A, R. his Heirs and Assigns, to his and their own use for ever without any manner of condition with warranty duly of the said Wardens or Keepers and Fellowship, only against them and their Successors. And it is agreed between the said parties to these presents, that all Fines and Recoveries and other Conveyances and Assurances whatsoever of the premisses or any part therof to be had, made, knowledged or suffered by the said Wardens or Keepers and Fellowship and their Successors to the said A. R. his Heirs and Assigns, shall be to the only use and behoof of the same A. and of his Heirs and Assigns for ever and to none other use or uses, intent and purpose whatsoever.
And also wheras in the 19th. year of K. H. 8: S. H. made and declared his last Will and Testament of the said Capital Messuage with the appurtenances, and of the said Tenement therunto belonging or appurtaining, and by the said Testament after divers limitations devised the said Messuage and Testament unto the said Wardens, Keepers and Fellowship of the Mystery of B. by the name of the Wardens and Fellowship of the Craft, of B. and brother of &c. in the City of L. upon divers and sundry conditions and to divers intents and purposes, as by the said last will and testament more plainly may appear. The said Wardens &c. do Covenant &c. that they and their Successors shall cleerly and freely acquit, exonerate, discharge and save harmless the said capital Messuage with the appurtenances, and the said Tenement thereunto adjoyning for ever, of, and from all manner of Conditions, Limitations, Uses and Intents, and of, and from all manner of Scruples, Doubts, Ambiguities, Articles, Clauses, Sentences, Legacies or Bequests, to, and with every thing and things contained, mentioned, expressed, bequeathed or otherwise mentioned within the said Will and Testament. And in consideration of the said Grant, Bargain, Sale, Covenants and Agreements abovesaid made and granted by the said Wardens &c. and on their party truly to be performed and fulfilled towards the said A. R. his Heirs and Assigns, in manner and form aforesaid. The said A. R. before the date hereof, hath contented and paid to the said Wardens &c. the sum of forty Marks of &c. wherof, and wherwith the said Wardens &c. knowledge themselves to be truly satisfied and paid.
And further the said A. by these presents doth Give and Grant to Grant of a Rent. Habend. the said Wardens &c. and their Successors for ever one yearly Rent of 12 l 6 s. 8 d. of &c. to be issuing and going out of the said Messuage and Tenement with the appurtenances, and all, and every other the premisses with their appurtenances, to have, hold, perceive, receive and take the said annual rent to the said &c. and their Successors for ever, yearly to be paid at the Feasts of &c. or within &c. next after every of the same Feast dayes by even portions; the first payment therof to [Page 153] begin and to be made at the Feast &c. or within &c. and if it shall A clause of distress. happen the said annual Rent of &c: or any part thereof to be behind and unpaid by the space of &c. after any of the Feast dayes wherin it ought to be paid as aforesaid, that then and so often it shall and may be lawful to, and for the said Wardens &c: into the said Messuage and Tenement, and all other the premisses with their appurtenances to enter and distrein; and all and every the distress and distresses there to be found, lawfully and quietly to take, bear, and carry away, and with them to hold, retain and keep untill they or their Assigns, or some of them shull be fully paid and satisfied, of, and for the said Annuity and all arrerages therof if any be. Provided alwayes that the said Wardens Proviso not to charge the person. &c: shall not at any time charge the person or persons of the said A. R. his Heirs and Assigns, to, or with the said yearly Rent of &c. This present Gift or Grant notwithstanding, And the said A. R. Covenanteth &c: that he the said A: his Heirs and Assigns at all times from henceforth plainly and uprightly without any fraudulent or covenous practise or confederacy to be made with any other person or persons according to his and their lawful Estate, Right and Title, and as by course of the Laws of this Realm they may do, and by their Councel learned in the same Laws shall be advised to be done, shall and will maintain and defend all claimes, titles, challenges and demands whatsoever which shall be hereafter made to the premisses, or any part therof, and that as often as any such claime, title challenge or demand shall be so made to the knowledge of the said A. his Heirs or Assigns, that then and so aften, he, or they shall therof give or leave notice and knowledg to the said Wardens &c. or their Successors at their Common Hall scituate in G. Lane in L. and upon reasonable request shall suffer and agree that the Councel learned in the said Laws of the said Wardens &c: shall, and may have conference witb the Councel of the said A. and of his Heirs and Assigns, for, and concerning the defence of all the said claimes, challenges and demands, and shall, and will condiscend and agree to such pleading and defence therin to be made as upon such conference between their Councellors by the same Councellors shall be resolved to be most meet and convenient for the defence of such title and claim as shall chance or fortune hereafter at any tlme or tlmes so to be made. In witness, &c.
A Bargain and Sale of the Moyetie of a Mannor and of an Advowson.
THis Indenture, &c. between A. C. &c. T. H. &c. and A. H. of &c. on the one party, and I. L. &c. on the other party witnesseth, [Page 154] That wheras one N. S. Son to E. of late of &c. Son and Heir of I. S. &c. by sufficient Conveyance and Assurance in the Law, was lawfully seised of an estate of Inheritance of and in all the Moiety and half Deal of, of the Mannor of W. with the appurtenances, and of the Moiety of ten Messuages, four Lofts, one Water-Mill, ten Gardens, four hundred acres of Land, two hundred acres of Medow, four hundrd acres of Pasture, thirty acres of Wood, and 40 s: of yearly Rent and appurtenances in W. and of the Moiety of the Advowson of the Church of W. and of divers other Lands and Tenements to the said Moiety of the said Mannor of W. belonging, and so being therof seised and to the intent to convey the absolute Fee-simple and Inherirance unto the said A. C. and his Heirs of the one Moiety of the said Premisses and Mannors by his Deed Indented, dated &c. did bargain and sell unto E. R. and J. H. Esquires, and to their heirs all that the said Moiety and half deal of the said Mannor of VV: with the appurtenances in the said County of O. together with the Moiety and half deal of the Water-Mill in VV. aforesaid and Moiety of the Advowson and right of Patronage of the Rectory and Parish Church of VV. aforesaid, and all Lands, Tenements Medows, Feedings, Pastures, Woods, Underwoods and Trees, and the soyl and ground of the Commons, Wast-grounds, Heaths, Rents, Reversions, Services, Liberties, Franchises, Priveledges, Profits, Commodities and advantages whatsoever to the said Moiety and half deal of the said Mannors and other the premisses belonging or appurtaining, or part, parcel or member therof being, and also all other his Messuages, Lands, Tenements and Hereditaments with the appurtenances in VV. aforesaid or else-where in the said County of O. and after leavied a Fine, and suffered a Recovery therof in form of Law, which Fine and Recovery, as is expressed in the said Deed Indented were had, levied, and executed, to, and for the use of the said A. C. and his Heirs, as by the same Deed appeareth. And wheras afterwards the said A. C. and I. his wife, VV. C. and M. his wife, B. P. and E. his wife; which said M. C. and E. P. were the daughters and only next heirs of I. S. which was the eldest Son of the said E. S. by their Deed indented, bearing date the &c. did bargain and sell to the said A. H. and his heirs all the said Moiety of the said Mannors of VV. with the appurtenances and two hundred acres of Land, fifty acres of Medow, &c. and all and singular Lands, Tenements and Hereditaments, and every part and parcel therof in the Parishes aforesaid, late the Inheritance of the said E. S. and after that the same A C. and I. VV. C. and M. B. P. and E. his wife did levy a fine of all the said moiety of the said Premisses to the use of the said A. H. and of his heirs for ever, as further by the said Fine and former Conveyances and the circumstances thereof doth and may appear.
Now the said A▪ T. C H. and A. H. for a certain Sum &c. wherof &c. have bargained and sold, and by these presents, do grant, alien bargain, sell, release, and continue unto the said I. L. his Heirs and Assigns for ever, all the said Moyety of the said Mannor of W. &c. And also all other the Messuages, Lands, Tenements, and Hereditaments, with the appurtenances in W. aforesaid, or elsewherin the said County of B. which late were of the said E: S. except 20. acres of Land in T. of which the said A C. lately heretofore hath bargained and sold unto one A. B. and his Heirs, together with all Deeds, Charters, Evidences, and Writings concerning the Premisses, or any part therof; To have and to hold all the said Moyety of the said Mannor of W. and all and every other the Premisses, with their appurtenances (except only before excepted) to the said I. L. his Heirs and Assigns for ever, to and for the only use and behoof of the same I. L. his Heirs and Assigns for ever.
And the said T. H. and A. H. for themselves &c. covenant &c. with the said I. L. That the said Moyety of the said Mannor, and all other the Premisses with their appurtenances (except before excepted) now be, and for ever hereafter shall abide, continue, and be to the said Discharged of Incumbrances. I: L: his Heirs and Assigns, clear and free discharged and acquitted, or otherwise by the said T: and A: their Heirs Executors or Administrators saved harmless, from time to time and at all times, of and from all and singular former Bargains, Sales, Gifts, Grants, Leases, Joyntures, Dowers, Fees, Annuities, Rents, arrerages of Rents, Estates, Titles, Charges, Demands and Incumbrances whatsoever, before the ensealing and delivery of these presents, had, made, done, procured, or agreed unto by the said T. and A. or either of them, the chief Rents and Services from henceforth to be due to the chief Lords of the Fee, and all such bargains and conveyances, as the said A. heretofore hath made to the said A. C. and his Heirs only (except and fore-prised.)
Provided alwaies that these Indentures or any Article or Covenant contained in the same, shall not extend to charge the said T. and A. H. or either of them, or the Heirs Executors or Administrators of either of them, otherwise or further then only for such acts, incumbrances, and charges as are already done, executed, or agreed upon by the said T: and A. or either of them, which shall or may incumber, charge, or impeach the Premisses or any part therof, contrary to the intent and true meaning of these presents.
And the said A C. covenanteth &c. in form &c. That he the said Seised in Fee. A: C: and the said T: H: and A: H: or some of them, at the ensealing and delivery of these presents, are or be the rightfull, true, and perfect Owner or Owners of the said Moyety of the said Mannor of W. and other the said bargained Premisses with the appurtenances (except [Page 156] before excepted.) And that they or some of them now are and do stand therof and of every part therof, now at the ensealing and delivery of these presents, lawfully seised in his or their Demesne as of Fee, to the only use of him or themselves, and of his or their, or some of their Heirs, without any condition or limitation of use or uses; And that they or some of them, have or hath good rightfull power and lawful authority to give, grant, bargain, sell, and assign the said Moyety of the said Mannor, and all other the Premisses with their appurtenances (except before excepted) to the said I: L: his Heirs and Assigns in manner & form aforesaid ever. And that the said Moyety of the said Mannor, and all other the said above bargained Premisses with their appurtenances (except before excepted) now be, & for ever hereafter shall abide, continue and be unto the said I. L. his Heirs and Assigns, freely and clearly discharged and acquitted, or otherwise by the Discharged of Incumbrances. said I: C: his Heirs or Executors saved harmless, from time to time and at all times, of and from all and singular former Bargains &c. and Incumbrances whatsoever heretofore had, made, done, or executed by the said A: C: A: H: E: S: and N: S. or any of them, or any the Ancestors of the said E: or N. or by any other person or persons, which had or have any former Estate in the Premisses or any part therof, by or under the Estate of the said A: C: A: H: E: S: and N: S: or any of them, or any the Ancestors of the said N: or E: (the chief Rents &c. and one Lease made by word to one R. B. of &c. to endure for the term of &c. now to come, by and under the payment of the yearly Rent of &c. and one other Lease &c. to one R. L. &c. and such interest of Common and other benefits, as the Lords and Tenants of the Mannor of S. W. can lawfully claim in a peece of Ground called R parcel of the above bargained Premisses, only except and fore-prised.)
And further that he the said A. C. and I. now his wife, and the said For further assurance. W. C. and M. his wife, and B: P. and E. his wife, and the said R. L. and M. his wife (saving only to the said R. the Lease for years above excepted) and all and every other person and persons, having or lawfully claiming to have any former Estate, Right, Title, Demand, or Interest, of, in, out, or to the said Moyety &c. and all other the above bargained Premisses, or any part therof, by, or under the Estate of the said E. S. except the chief Lords aforesaid, and the said Leasees, and their Assigns, and the said Lords and Tenants of the said Mannor of S. W: claiming only their several Right and Estate above excepted, during the space of three years now next coming, from time to time and at all times, upon reasonable request, and at the costs and charges in the Law only of the said I. L. his Heirs Executors or Assigns, shall and will do, knowledge and suffer, and cause to be done &c. all and every such lawfull and reasonable act and acts, thing and thins, devise and [Page 157] devises in the Law, for the further and better assurance, surety, and sure making of all the Moyety of the said Mannor of W. with the appurtenances, and of the other above bargained Premisses, with their appurtenances, to be had and made sure to the said I. L. his Heirs and Assigns, to and for the only use &c. as by the said I. L. his Heirs or Assigns, or his or their learned Councell (with warranty only against the said A. C. and the other persons aforesaid, which shall happen to be parties to such further assurance severally against themselves and their Heirs) shall be reasonably advised or devised: In witness, &c.
A Sale by Executors of Land belonging to their Testator.
THis Indent: &c. between R. S. &c. I. P. &c. and A. &c. his wife, and T. H. Executors of the last Will and Testament of E. C. late &. on the one party, and I. H. &c. on the other party, witnesseth, That they the said R. S. I. P. A. his wife, and T. H. according to the tenor and true meaning of the said last Will and Testament of the said E. C. which late was the wife of T. C. &c. and by force and virtue of the same last Will and Testament, for and in consideration of the sum of 170 l. of &c. to &c. wherof &c. have bargained, sold, and granted, and by these presents do fully and clearly bargain, sell, and grant unto the said I. H. his Heirs and Assigns for ever, allt that Messuage or Tenement with the Appurtenances, set, lying, and being &c. And also all and singular Shops, Sollers, Yards, Commodities, Easements, and Appurtenances, to the said Messuage or Tenement belonging, or in any wise appurtaining, or as part or parcell therof, had used, reputed, or occupied: And all and every the Deeds, Evidences, Writings, and Mynuments concerning only the premisses, or only any part or parcell therof. All which said Deeds, Evidences &c. aforesaid, together with the true Copies of all other Deeds, Evidences, Wills, Writings, and Mynuments which do concern the said Tenement, or as many of them, as they the said R. I. A. and T. or any of them, have or hath, which they or any of them may lawfully come by without Suit in the Law, the said R. I. A. and for them their Heirs Executors, Administrators and Assigns, do covenant and grant, and every of them covenanteth and granteth to and with the said I. H. &c. well and truly to deliver, or cause to be delivered unto the said I. H. his Heirs or Assigns, at or before &c. next &c. To have, hold, and enjoy Habend. all the said Messuage or Tenement, and all other the Premisses with their appurtenances, unto the said I. H his Heirs and Assigns for ever, to and for the only and proper use and behoof of the said I. H: his Heirs and Assigns for ever.
And the said R. S. I. P. and T. H: for them and for the said A. P. and every of them. and for the Heirs Executors and Administrators of every of them, do covenant and grant, to and with the said I. H. his Heirs Executors Administrators and Assigns, and every of them by these presents, in manner and form following: That is to say, That they the said R. I. A. and T. or the Heirs of the Survivor or Survivors of them, at or before the 20: day of February next &c. at the costs and charges of the said I. and of his Heirs or Assigns, shall make and execute, or cause &c. unto the said I. H. his Heirs and Assigns for ever, a good sure, sufficient, and lawfull estate and assurance in the Law in Fee-simple, of and in all the said Messuage, and all other the Premisses with their appurtenances, to the only use and behoof of the said I. H. his Heirs and Assigns for ever, without any manner of condition or l [...]mitatlon of use. And that the said Messuage and Tenement, and all other the premisses with their appurtenances, now are, and be at the time of the making and executing of the said Estate and assurance in form aforesaid to be made and executed, shall be and from henceforth shall continue and abide to the said H. I. his Heirs or Assigns, To discharge of Incumbrances. clear and clearly acquitted and discharged, or at all times from time to time, sufficiently saved harmlesse, of and from all and every former Bargains, Sales, Gifts, Grants, Statutes, Recognizances, Annuities, Fees, Joyntures, Dowers, Fines for Alienations, Intrusions, and of and from all and every other Charges, Titles, Troubles, and Incumbrances whatsoever they be had, made, committed, done, or agreed unto by the said R. S. I. A. and T. or any of them.
And moreover that they the said R. I. A. and T. or the Heirs of the Survivor or Survivors of them, and also all and every other person and persons, any thing lawfully having or claiming, or which at any time or times hereafter shall or may lawfully have or claim any thing, of, in, or to the said Messuage, and other the Premisses, or any part therof, by, from, or under the said R. S. I. P. and A. his wife, and T. H. or any of them, at all times hereafter, and from time to time, during the space of 3. yeers next &c. upon the lawfull request, and at the costs and charges in the Law of the said I. H. his Heirs or Assigns, shall To make further assurance. and will further do, cause, knowledge, and suffer to be made, done, and knowledged, all and every such further lawfull act and acts, devise and devises, thing and things of assurance whatsoever, with warranty only against the said R. I. A. and T. and their Heirs; As by the said I H. his &c. shall be reasonably devised or advised for the further or better assurance, sure making, and conveying of the said Messuage, and of all other the above bargained Premisses, to be had and made to the said J. H. &c. to the only use &c.
Provided alwaies that the said R. J. A. and T. or any of them, or the Heirs or Assigns of them, or of any of them, shall not be compelled [Page 159] to travell in and about the making and executing of the said Assurances, or any of them, any further then the Cities of L. or W. and the Suburbs of the same. In Witness &c.
A Bargain and Sale of an Assignee of a Patentee of Concealed Land.
THis Indenture &c. between A. K. of L. Esquire, and F. K. of L. Gentleman, on the one party, and C. R. of T. in the County of C: Gentleman, on the other party, witnesseth, That the said A. K: and F: K: for and in consideration of a certain sum of &c. wherof and wherwith &c. and therof and therfore &c. have granted, aliened, bargained, and sold, and by these presents &c. unto the said C: Ʋ: and his Heirs for ever, all that their House or Scite of the late Monastery of T. and all Houses, Edefices, Barns, Stables, Dove-houses, Orchards, Gardens, Lands and Soil, as well within the said Scite and Precinct of the same late Monastery, as neer and next to the same late Monastery: And all and all manner of Demesne Lands there to the same late Monastery, somtime belonging and appurtaining, or within the same before that used or occupied, now or late in the Tenure or Occupation of Sir H. I. Knight, or of his Assigns: And the Reversion and Reversions of all and singular the Premisses; And all and all manner of Woods Under-woods and Trees, in and upon the Premisses, and the Ground and Soil of the same Woods, Under-woods, and Trees: And all and singular Rents, Revenews, and yearly Profits whatsoever, reserved upon any Lease or Leases made of the Premisses, or of any part therof, Together with such Views of Frank-pledg, Courts, Leets, Law-daies. Cattailes wayed and stryafed, free Warrens, Knights Fees, and with all and all manner those and such Liberties, Franchises, Priviledges, Jurisdictions, Profits, Commodities, and Emoluments whatsoever, as any Abbot or Prior of the said late Monastery of T. or any other person or persons, having or possessing the premisses, or any part therof, or of any part or parcell therof seised, ever had held and enjoyed, or ought to have had, holden, or enjoyed the said Scite and other the Premisses, or any part therof, by reason of any Charter of Gift, Grant, or Confirmation, or of any Letters Patents by our said Soveraign Lady the Queen which now is, or any of her Progenitors Kings of England, by any manner of means made, granted, or confirmed, or by reason of any prescription, use, or custom before this time had or used or otherwise by any manner of means Right or Title, so fully, wholly, and amply as Sir R. H. Kt Citizen and Alderman of London, and A. G. Citizen and Alderman of London, and T. A. [Page 160] Citizen and Haberdasher of L. the said Scite and Demesne Lands, and other the Premisses, amongst other things late had to them and their Heirs, of the Gift and Grant of our said Soveraign Lady Queen Elizabeth, by virtue of her Letters Patents therof to them made, under the great Seal of England, and bearing date at G. the &c. in the 12. year of her Raign: And in as large and ample manner, as the said A. and F. the said Scite and other the Premisses, amongst other things had to them and their Heirs, of the Bargain, Sale, Grant, and Feoffment of the said Sir. R. H. A. G. and T. A. by vertue of their Deed therof made to the said A. and F: bearing date &c. except and alwaies reservedExcept &c.to the said A. and F. their Heirs and Assigns, the Granges of A. and B. with their appurtenances, and all and singular Lands Tenements and Hereditaments, to the same two Granges, or either of them belonging or in any wise appurtaining: To have and to hold the saidHabend.house &c: except before excepted, to the said &c. his Heirs and Assigns for ever, to the only use of &c. to be holden of our said Soverain Lady Tenend. the Queen her Heirs and Successors, as of the Mannor of E. within the County of K. by Fealty only in free Socage, and not in chief, for all Rents, Services, and Demands whatsoever for the Premisses or any part therof, to our said Soveraign Lady the Queen, her Heirs or Successors, in any wise to be yeilded, paid, or done.
And the said A: and F. for them their Heirs Executors and Administrators, and every of them do covenant &c. in manner &c. That is to say, That the said Scite and Demesne Lands &c. and all other the Premisses above specified, to be bargained and sold by these presents, except before excepted, now are, and stand, and from henceforth for ever shall continue, stand, and be to the said C. his Heirs and Assigns, free and clearly discharged and acquitted, or at all times &c. So follows the Incumbrances. And also that the said C. his Heirs and Assigns for ever, shall or may peaceably and quietly, have, hold, and occupy all and singular the said Scite and Demesne Lands &c. except before excepted. And shall or may from time to time, and at all times hereafter, have, take, gather, perceive, receive, and enjoy, all and singular the Rents, Issues, and Profits thereof, to and for the only use, commodities, and behoof of the said C. his Heirs and Assigns, without any let &c. of the Grantors or either of them, or of any other person or persons, by the means, title, or procurement of the said A. and F. or either of them, or of their Heirs or Assigns, or the Heirs or Assigns of either of them: In witness &c.
This Deed to be knowledged and enrolled, and then a release to the possession of the said C. U. from Sir R. H. A. G. and T. A. and W. B. with warranty against them and their Heirs.
A Bargain and Sal of a Remainder to three persons each to have a third part, with Covenants that the Heirs of the Vendors (who may have interest) shall not go about to reverse or annul any Fine or Recovery passed by the Vendors for Assurance of the Land.
THis Indenture &c. Between R. C. of L. in the County of N. Gent. and I. L. of London, and one of the daughters of Sir T. L. late Alderman of the City of L. deceased, and of Dame A. his wife on the one party, and A. C. wife of T. C. of &c. Esquire, K. B. wife of E. B. and W. B. daughter of G. B. daughters of the said Sir T. L. and Dame A. his wife on the other party witnesseth, That wheras the said Sir T. L. in his life time, for divers good and sufficient considerations did by his sufficient Writing under his Hand and Seal, Convey and Assure, or cause to be Conveyed and Assured to the uses hereafter in these presents mentioned and expressed all that the Capital Messuage, with the appurtenances scituate in, or neer I. &c. late in the Tenure, &c. all house-buildings, &c. to the said Messuage belonging, that is to say, to the use of him the said Sir T. L. for term of his life without impeachment of Wast, and after his decease the remainder of all and singular the Premisses with their appurtenances, to the use of the said Dame A. for term of her life, and after her decease the remainder of all and singular the premisses with their appurtenances to the use of the said I. L. and of the heirs of the body of the said I. lawfully begotten or to be gotten (and so limiting the uses to the said other three sisters) as the same conveyance more at large may appear; and after the said Sir T. died, by, and after whose death the said Dame R. entred into the Premisses, and was, and yet is of the same lawfully possessed and seised in her Demesne as of Free-hold for term of her life by vertue of the said Conveyance and Assurance, and of the Statute of Uses in that behalf made and provided, the remainder therof to the said I. L. and to the heirs of her body lawfully belonging with Remainders over in maner and form aforesaid.
And wheras the said R. C. shall by the grace of God marry, and take to his wife the said I. L. Now the said R. and I. for, and in consideration of the sum of 500 l. to them paid &c. wherof &c. have Granted, Bargained, Sold, Released and Confirmed, and by these presents do Grant &c. unto the said A. C. K. B, and W. B. all the said Capital Messuages &c. and the said remainder and Inheritance of the said I. of and in the Premisses, and every parcel therof, and her right, title, use, possession, estate, reversion and remainder, of, in and to the said Premisses, and of, in, and to every part and parcel therof with their appurtenances; and all their, or either of them, or the heirs of the body [Page 162] of the said I. might, or lawfully ought to have, of, in, and to the said Premisses, or of, in or to any part or parcel therof, together with all their, and either of their Deeds &c. to have and to hold the third part of the said Capital Messuage &c. and also of the said Deeds, Evidences Several Habends. and Writings to the said A, C. her Heirs and Assigns for ever, to the only proper use and behoof of the said A. C. and of her Heires and Assigns for ever, and to have and to hold one other third part of the said &c. to the said H. B. her Heirs and Assigns for ever &c. and to have &c. the other third part and residue of the said & c. to the said W. B. her Heirs and Assigns &c. A Covenant by the said R. C. and I. L. for discharge of incumbrances to the said A. K. and W. A Covenant by the said R. C. and I. L. and the heirs of her body for further assurance.
And further the said R. and J. Covenant &c. That they the said A. K. and W. their several heirs and assigns aforesaid, shall▪ or may from the death of the said Dame A. peaceably and quietly have, hold, occupy, possess and enjoy the said Messuage without any lawful &c. of the said R. and I. or either of them or of any other person or persons lawfully claiming, or which hereafter shall lawfully claim, in, from▪ by, or under the said R. and J. or either of them, or by their, or either of their means. assent, or procurement. And further the said R. and J. Covenanteth, &c. That they the said R. and I: or either of them, or any the Heirs of the bodies of them, or of any of them shall not at any time hereafter, reverse, annul or make void, or go about to reverse, annul or make void any fine or fines, recovery or recoveries, knowledge, levied or had, or to be knowledged &c. by the said R. and I. or either of them to the said A. K. and W. or any of them or the heirs of them, or of any of them, or to any other such person or persons as they or any of them their heirs shall therunto name or appoint. In witness, &c.
A Bargain and Sale of the Reversion and Remainder of the fourth part of a Parsonage.
THis Indenture, &c. Between R: T: of R. in the County of N: Esq. on the one party, and VV: C: of &c. on &c. witnesseth, That the said R: T: for, and in consideration of the sum of 170 l. wherof &c. Hath bargained and sold, and by these presents doth freely and clerly bargain and sell unto the said VV: C: and his heirs the Remainder and Reversion of the fourth part of the Parsonage and Rectory of M: in the County of E: to take effect in possession unto the said VV, C: and his Heirs, immediatly by, and from the death of M. late wife of G: B: Gent. deceased, son of Sir H: B: Knight deceased, and also for the consideration [Page 163] aforesaid, hath bargained and sold unto the said VV: C: and his heirs by these presents all that the Remainder and Reversion of the fourth part of all and singular the Glebe Lands, Tenements, Tithes, Annuities, Pencions, Portions and Hereditaments whatsoever being part, parcel or member of the said fourth part of the Rectory aforesaid, which is to the said fourth part of the said Parsonage and Rectory belonging or appurtaining in any wise, renewing, comming or growing, or to be demanded, or had by reason of the fourth part of the said Parsonage or Rectory to take effect in Possession unto the said VV: C: his Heirs and Assigns immediatly by and from the death of the said M: B: which Remainder and Reversion of▪ and in the said Parsonage and Rectory and other the said Premisses descended and came, and of right ought to descend and come unto K: T: deceased as one of the daughters and heirs of the said Sir Sir H: B. Knight deceased and mother unto the said R: T: and her heirs, and by and after the death of unto the said K. the said R. T. & his heirs as son and heirs of the said K. And also for the consideration aforesaid hath bargained and sold unto the said W. C: and his heirs all that the Remainder and Reversion of the fourth part of the Advowson, Nomination, Presentation and Gift of the Vicarage of M. aforesaid, which descended and came unto the said K. Mother of the said R. T: as one of the daughters and heirs of the said S: H: together with all Deeds, Evidences and Writings which the said R: hath concerning the Premisses, to have and to hold all the said Remainder and Reversion of the said fourth part of the said Parsonage and Rectory, Glebe-Land, Tenements, Titles Annuities Pentions, Portions and Hereditaments whatsoever as part, parcel or member belonging or appurtaining, renewing, comming or growing or in any wise to be demanded or had by reason of the said fourth part of the said Parsonage and Rectory. And also the said Remainder and Reversion of the fourth part of the said Advowson, Nomination, Presentation and Gift of the said Vicarage of M. unto the said W. his Heirs and Assigns, to the only use and behoof of the said W. his Heirs and Assigns for ever. A Covenant that the said R. T. standeth lawfully seised of the Premisses, And that it shall be lawfull for the said W. C: to possesse the same. A discharge of Incumbrances, a Covenant for further assurance during two years, after the death of the said M: late wife of the said G: B.
And the said R: T: further doth covenant &c. That if at any time hereafter it shall happen the other three parts of the said Rectory, Parsonage, Vicarage, or Premisses, or any part of the said three parts to descend, remain, accrue, or come to the said R: or his Heirs, as Heir of the said Sir H. B: or any of his Heirs: That then the said R: or his Heirs, so having the other three parts, or any part of the said three parts, or that lawfully may have the same, upon reasonable request [Page 164] therof made by the said W: C: his Heirs or Assigns, at the costs and charges in the Law of the said W: C: his Heirs or Assigns, convey and assure to the said W. his Heirs and Assigns, the said other three parts, and every part of the said three parts, which shall or ought to descend, remain, and accrue to the said R: T: or his Heirs as aforesaid, the said last rented assurance to be made, with warranty only, as is before recited in the said conveyance of the said fourth part. In witness wherof the said parties to these present Indentures interchangably have set their Seals, given the day and year first above written.
An Indenture where one having had a Lease Morgaged unto him and forfeited, he now conveyeth the same back to the first Vendor, conditionally he pay a Sum of money by a day; Note good Covenants in this Indenture.
THis Indenture &c. between J. J. Citizen and Founder of L. on the one party, and I. D. of E. in the County of K. Gentleman, on the other party, witnesseth, That where Sir H. C. of C. in the County of W. Knight, by his Indenture of Lease, dated &c. did demise to the said I. D. and his Assigns, for the term of 16 years, commencing at the Feast &c. then last past, for the yearly Rent of 16 l. of lawfull &c. during the said term to be paid to the said Sir H. his Heirs and Assigns, all that the Scite of the Mansion place or dwelling house of his Mannor of R. alias R. in the County of E. Together with all Courts &c. and all Demesne Lands &c. to the said Scite &c. belonging, or in any wise appurtaining, or at any time therfore had excepted &c. except as in the said Indenture is excepted. And where the said J. D. did heretofore make sale, and bargain to the said J. J. of all the said Lease, Estate, and Interest of the said J. D. of and in the Premisses, for the assurance of payment of a certain Sum of money by the said J. D. to have been paid to the said J. J. at a certain day now past: In the payment of which said Sum, the said J. D. hath clearly made default, and yet hitherto hath not paid the same, or any part therof to the said J. J: or to any other for his use: By reason wherof the said J: D. hath clearly forfeited all his said Lease, Estate, Interest, and term of years, which be yet to come in the Premisses unto the said J: J▪ as by a former pair of Indentures therof made heretofore between the said J: D: on the one party, and the said J: J. on the other party, bearing date &c. more at large and plainly will appear. By reason wherof the said J: J: now is lawfully possessed of the said Lease and other the Premisses, as of his own proper goods. Yet nevertheles at the earnest desire and [Page 165] request of the said I: D: and upon and under the condition, that the said I: D: his Executors or Administrators, do pay or cause &c. to the said I: I: his certain Attorney, Executors or Administrators, the Sum of &c. of lawfull &c. on the 12. day of D. next &c. at &c, between the hours &c. of the said 12. day of D: next ensuing as aforesaid: The said I: I: hath granted, bargained, and sold, and by these presents so far as in him is, doth grant, bargain, sell, assign, and set ouer to the said I: D: for the only use of the said I: D: and of his Executors and Assigns all the Lease, Interest, and terme of yeares now to come, of and in the said Scite &c. and all other the Premisses above recited, in so large and ample manner as the said I: I: had the same of the Grant, Bargain, Sale and Assignment of the said I: D: by the said former Indenture above recited in these presents.
Provided alwaies that if the said I: D: his Executors and Administrators do make default, and do not pay, or cause &c. the said sum of &c: and every part therof to the said I: I: his certain Attorney Executors or Administrators, in manner and form as is above limited in and by these presents. That then and from thenceforth these presents, and every thing in them contained or mentioned, for the benefit or behoof of the said I: D: his Executors or Administrators, shall be as clearly and utterly frustrate and annihillated to all intents and purposes, as though the same had never been had nor made; Any thing in these presents written or specified, to the contrary therof in any wise notwithstanding.
And the said I: I: covenanteth &c. That the said I: D: and his Assigns, by and under the payment of the yearly Rent reserved of the Premisses in the Originall Lease first above recited in these presents, and under the performance and fulfilling of the Covenants and Articles therin contained, to be payable and due to be done from henceforth, untill the 12. day &c. next &c. shall or may without let or interruption of the said I. I. his Executors or Assigns, hold and occupy the said Scite &c. and other Premisses with their appurtenances, untill the said 12. &c. And the said I: D: covenanteth &c. in manner &c. That he the said J: his Executors or Assigns, shall and will from time to time, untill the said 12. &c. yeild and pay to the said Sir H. his Heirs and Assigns, or to his or their Bayliffs or Receivers, for the time being, all and every payment of the yearly Rent aforesaid, for the Premisses by the said Originall Lease, within the space of 10. daies, next after any such payment shall be due. And for every such severall payment shall take and receive of the said Sir H: his Bayliff or Receiver for the time being, one severall acquittance, and every such acquittance shall and will deliver, or cause &c. to the said I: I: at &c. within the space of 20. daies severally, next after the time wherin any of the said payments of the said yearly Rent, shall be first payable by the [Page 166] true meaning of the said former originall Indenture of Lease.
And also that the said J. D: his Executors or Assigns, before the said 12. &c. next &c. shall not do, procure, or suffer to be done, any act or thing in and upon the Premisses, or any part therof, wherby the Estate, Right, or Interest therof granted and conveyed to the said J: D. by the said originall Indenture of Lease, or any part of the same Right or Interest, of or in the Premisses, or any part therof, shall be impaired, hurt, or forfeited.
And further that if the said J: D: his Executors and Administrators do make default, and do not pay or cause to be paid the said sum of &c. and every part therof to the said J: J: his Executors Administrators or Assigns, at the said dwelling house &c. at such time and in such manner and form, as for the payment therof is above limited and appointed in these presents; That then and at all times during 3. months then next following, upon any reasonable request to be made by the said J: J: his Executors Administrators or Assigns, at the said Mansion house of the Mannor of R. the said J: D: his Executors or Assigns, shall and will peaceably and quietly yeild and deliver the said Mannor, and all other the Premisses, with their Appurtenances, into the possession of the said J: J: his Executors or Assigns, without any manner of fraud, covin, or delay. Provided alwaies, and the said J: J: covenanteth &c. That if the said J: D: his Executors or Administrators, do pay or cause to be paid the said sum of &c. to the said J: J. in such manner and form as is above in these presents therfore limited and appointed. That then and at any time after, upon reasonable request the said J: J: his Executors Administrators and Assigns, shall and will as well deliver or cause to be delivered to the said J: D: his Executors or Administrators, the said Original Indenture of Lease whole and uncancelled, and all former conveyances and bonds made concerning the same by the said J: D: to the said J: J to be cancelled: As also shall upon like request, and at the costs and charges of the said I: D: grant, release, and re-assign, and convey the said Scite of the said &c. and all other the Premises, and the said originall Lease, with warranty by covenant for discharge or saving harmless the same upon reasonable request, of and from all former Grants, Alienations, Leases, and Bargains therof, or of any part therof, before that time made or to be made by the said I: I: or his Executors (except only such Grant and Bargain as the said I: I: hath therof made to the said I: D: by these presents: In witness &c.
A Sale of Corn.
THis Indenture &c. between C: D: of S. in the County of N. Esquire, and W. G: of &c. in the name and as lawfully hereunto authorized by the said C: D: on the one party, and P: S: of &c. on the other party, witnesseth, That the said C: and W. for the consideration ensuing, have by these presents bargained and sold unto the said P. S. 24. Laste of Wheat, good, sweet, Merchantable, and with the best, and not taled or branded, at the price of 12. l. of every Last therof; All which 24. Lasts of Wheat, of the goodness aforesaid, the said C. D. and W. G. for them and every of them, covenanteth &c. to and with the said &c. That they the said C. and W. their Executors Administrators or Assigns, shall deliver or cause to be delivered unto the said P. his Executors Administrators or Assigns, before the last day of this present month of April, at A. in the parts of Brabant, wind and weather therunto serving, before the said last day of this present month of April frank and free of all charges, custom, licence and other duties whatsoever, and clear of all arrests, detainings, losses, troubles, and all other incumbrances whatsoever, that might happen because of the said lading or transporting out of the same: And therof to save the said P. his Executors Administrators Assigns and Goods, and every of them harmless, the duties of Custom at A: in Brabant aforesaid, there due for the said Wheat alwaies except.
In consideration wherof the said P. S. for him &c: doth Covenant to, and with the said &c. That he the said P. his Heirs Executors or Assigns, shall, and will truly pay, or cause to be paid to the said &c: at the Shop &c. the sum of 288 l: of &c. in manner &c. viz. in hand at the Ensealing and Delivery of these presents 100 l. therof which the said W: acknowledgeth by these presents accordingly to have received, and in the last day of this present moneth of April 100 l. more therof, the 24. lasts of Wheat being laden and ready to be conveyed as above, and the rest being 88 l. within six dayes next after true certificate, or other Letter given at the delivery of the said 24. lasts of Wheat at A. aforesaid; and the said C: and W. for themselves &c. Covenanteth &c. That if any Prohibition or other Let or Restraint shall at any time hereafter happen wherby the said 24. lasts of Wheat cannot proceed and be transported into the said parts beyond the seas, or that the said Wheat being out of this Realm shall be by force of Wind or Weather driven into this Realm of England and Dominions therof, and therupon be restrained or otherwise letted from proceeding in the said Voyage, that then and in every such case the said C: and W: or one of them, or the Executors &c. shall take all the said Wheat again, and within one moneth next ensuing the said Prohibition, Restraint, or Let [Page 168] made, shall restore unto the said P: his Executors Administrators or Assigns, at the Shop &c. all the money which the said C: and W. or either of them, or the Executors &c. shall have received for the said Wheat: And finally the said W: G: for him &c. Covenanteth &c. that the said C: D: his Executors and Administrators shall and will ratifie these presents, and that he the said C. his Executors and Administrators shall before the of this present moneth of April, Enseal Subscribe and Deliver as his or their lawful Deed to the use of the said P. his Executors or Administrators, as well the Counter part of these presents already sealed and delivered by the said W. as also one Obligation of the penalty of 300 l. of &c. for performance hereof likewise already sealed and delivered by the said W. In witness, &c.
A Bargain and Sale of Felts where the Vendees during the continuance of the Bargain to have twenty shillings before hand.
THis Indenture, &c Between A. B. on the one party, and C, D. on the other party witnesseth, That for the consideration hereafter expressed in these presents the said A. B. hath bargained and sold, and by these presents doth bargain and sell to the said C. D. all and singular such Felts and skins of Sheep and Lambs as the said A. B. and his Servant, or any other for him shall make slaughter of between the day of the date hereof, and the first day of N. now next coming. And it is agreed between the said parties, that the said W. E. in form following, shall pay and allow to the said W. W. for every dozen of Felts called Summer Felts, 22 s. of &c. and for every dozen of Sheep-skins called Sherlings, to be delivered before the first day of August, next comming, 6 s. of &c. And for every dozen of the same Sheep-skins called Sherlings, to be delivered after the first day of November, untill &c. 10 s. of &c.
And the said W. W. for him &c. covenanteth &c. That he the said W: W: or some of his Servants shall weekly, and from time to time from henceforth deliver unto the said W. E. and to his Servants, all the said Felts and Skins, as the said W. E. or his Servants shall call for the same, at the now dwelling house of the said W. W. And that the same Skins and Felts from time to time, shall be well and workman-like fleyn: for and in consideration whereof the said W. E. for him and his Executors doth covenant and promise, to and with the said W. and his Executors by these presents: That he the said W. E. shall and will before &c. next &c. content and pay to the said W. W. the sum of 40 l. of &c. in part of payment, of and for the said Skins and Felts to be delivered as aforesaid, and that so soon as the said W. W. shall have [Page 169] delivered to the said W. E. in form aforesaid, so many of the said Felts and Skins as shall amount to the said sum of 40 l. That then the said W. shall pay 20 l. more of like mony as aforesaid, beforehand to the said W. in part of payment of such of the said Skins and Felts as thereafter are to him to be delivered; And so from time to time therafter, so soon as such money before hand to be paid by the said VV. E. shall be to him satisfied, by such Skins and Felts to him to be delivered by the said VV. VV. as aforesaid, the said VV. E. alwaies to pay to the same VV. VV. 20 l. before hand, so long as 20 l. worth of the said Skins and Felts shall be behind to be delivered to the said VV: E: by force of the Bargain between him and the said VV: VV: made and expressed in these presents: In witness, &c.
A Bargain and Sale by a Merchant of part of his Adventure in a Ship to Brazile.
THis Indenture &c. between A. R. on the one party, and B. P. &c. on the other party, witnesseth, That wheras the said A. is amongst other interested in a good Ship of L. called the M. and of all her Tackle, munition, Provisions, Merchandizes, and Adventures, in her present Voyage, to go and return from the Country of Brazill, under the Government of the Portugals, and of all and every the Goods and Merchandizes wherwith God shall send her to return, after the rate and value of 70 l. of &c. which the said A. for his part hath put into the Stock made among the Adventures in the said Voyage, for the full providing therunto and executing and finishing the same.
Now in consideration of 20 l. of &c. which the said B. hath at the Bargain. ensealing hereof paid to the said A: wherof &c. he the said A: hath, given, granted, bargained, sold, and put over, and by these presents doth &c. to the said B. to the onely use of the said B: his Executors and Assigns, the sum of 20 l. of &c: parcell of the said 70 l. and all and whatsoever that is or shall come or grow only, of and for the said 20 l. or of the adventure of the same and of all and every the Premisses.
And also the said A. doth grant and put over to the said B. his Executors and Assigns, Interest, Right, and Title, in and to the said Ship, Tackle, Munition, Provisions, Merchandizes, and Adventures aforesaid, and to all to come and arise therof, as far as to the rate of the said sum of 20 l. shall etxend: In witness &c,
A Bargain and Sale of a Fre-hold Estate in Land for term of life.
THis Indent. &c. between M: L: &c. and J: L. his wife on the one party, and I: I: &c. on the other party, witnesseth, That wheras A. I▪ &c. naturall Mother of the said M. by writing tripartite, bearing date &c. Rentall. For and in consideration of a Marriage then to be had between the said M: and I: and towards the accomplishment of certain Bonds, Promises, Covenants and Agreements made upon consideration of the said Marriage, and for divers other considerations, as in the said Writing tripartite indented is expressed, hath covenanted and gtanted to and with R. T. &c. and W: H: &c. their Heirs, Executors and Assigns, That she the said A: and all persons that then were seised of and in all those her two Messuages or Tenements, with the appurtenances, then in the Tenure and Occupation of the said A. Scituate and being in W: should stand and be of the same Messuages, Tenements, and Premisses with their appurtenances, seised to the use of the said A: I. for and during her naturall life, and after her decease, to the use of the said M. L: and I: his wife, for and during the naturall lives of the said M: and I. and of the longer liver of them, and afterwards to such further uses as in the said Writing tripartite indented, are declared.
Now the said M: L. and I: his wife, for and in consideration of the Barg [...]in and Sale. sum of 300 l. of &c. wherof &c. hath given, granted aliened, bargained, and sold, and by &c. to the said I: I: and his Assigns, all the said two Messuages and Tenements with their appurtenances, and all other the Premisses, and the said Writing indented, and all the Estate, Right, Title, Interest, and Demand whatsoever, which the said M: L: and I: his wife, or either of them hath or ought to have, to of and in the said two Messuages and Tenements, and other the Premisses, with their appurtenances, or any part or parcell therof: To have and to hold the same two Messuages and Tenements, with the Appurtenances, and all In this Habend. the word (Heirs) good to be used, to prevent an Occ [...] poney. and singular other the Premisses to the said I: and his Heirs, immediatly from the day of the date of these presents, for and during all the terms of the naturall lives of the said M: and I: his wife, and of the life of the longer liver of them.
And the said M: for himself and for the said J: his wife, his Executors and Administrators, doth covenant &c. in form &c. That the said two Messuages, and all other the Premisses are, and from henceforth during the lives of the said M. and I: and the life of the longer liver of them, shall abide and continue to the said I: and his Assigns, clear and free discharged and acquitted of and from all and every former A discharge of incumbrances. [Page 171] mer Grants, Charges, and Incumbrances whatsoever, before the ensealing, knowledging, and enrolling of these presents, had, made, done, or agreed unto, or to be had &c. by the said M: and I: or either of them: In witness &c.
A Bargain and Sale of Land where notwithstanding it is provided that if the Vendor to pay the Vendee a certain sum of money within ten years, and a yearly rent for the Premisses he shall occupy, the the Sale shall be void.
THis Indenture, &c. Between I, K. the younger of N. &c. on the one party and A. R. &c. on the other party witnesseth, That the said I. K. for. and in consideration of the sum of 400 l. of &c. wherof &c. Consideration. And thereof &c. hath given, granted, bargained and sold, and by these Bargaine. presents doth give, grant, bargain and sell to the said A. R. and his Heirs for ever, all that the capital Messuage or Inn commonly called the H. or White H. with his appurtenances, and all Chambers, Halls, Buildings, Houses, Barns, Stables, Orchards, Dove-houses, Lands, Medows, Feedings Pastures and Hereditaments thereunto belonging, lying and being within the Town and Fields of N. &c. and the Reversision Reuersion &c. and Reversions of all and singular the premisses, and all and singular other Lands, Tenements, Rents, Reversions and Hereditaments with their appurtenances whatsoever which the said I. K. hath, or ought to have within the Town, Parishe or Fields of N. aforesaid and Deeds. C. &c. and all and singular Deeds, Evidences Charters and writings concerning the premises or any part or parcel therof, as many of which said Deeds &c. as the said J. K. now hath or can come by, he hath at the Ensealing of these presents delivered to the said A. R. and the residue doth promise to deliver to the said A. and his Heirs, as they, or any of them shall come to the hands of the said I. K. or by him or his Heirs may be had or gotten without suit in the Law, to have, hold and enjoy all and Habend. singular the the said Messuages Lands, Tenements, Rents, Reversions, and all and every other the premisses with their appurtenances to the said A. R, his Heirs and Assigns for ever, to, and for the only use and behoof of the said A. R. and of his H [...]irs and Assigns for ever. And the said I. K. for him, his Heirs Executors and Administrators, and every of them doth Covenant and Grant, to, and with the said A: R. his Heirs Executors Administrators and Assigns, and every of them by these presents in manner and form following, that is to say, That he the said I. K. and A: his wife, on this side, and before the 4th. day of To acknowledge a Fine. of Feb. now next comming, at the costs and charges in the Law of the said A: shall knowledge one fine and Sur Conusanses de droit come ceo [Page 172] &c. of all and singular the Messuages and other the premisses to the same A: R: and his Heirs before the Justices of the Common Bench at Westminster, with Proclamations according to the form of the Statute in that Case made and provided by the name of four Messuages, four Cottages, eight Gardens, five acres of Land, three acres of Pasture, two acres of Medow, two acres of Wood, and 40 s. Rent with the appurtenances in N. upon T. and C. in the said County of N. and by the said fine shall knowledge all the said Tenements and Rent, with their appurtenances to be the right of the said A. R. as those which the said A. then shall have of the Gift of the said I. and A. and so further, according to the usual manner of Fines, and that now, and untill the knowledging and enrowling of these presents, and the Recording and Engrossing of the said Fine; the said I. K. and A. or some other person or persons to their use, are and shall be plainly and lawfully seised of, and in all the said Messuages and other the Premisses by these presents above bargained and sold to the use and behoof of the said I. K. and A. his wife, and of the Heirs of their two bodies between them two lawfully begotten; and for lack of such issue to the only use and behoof of the right Heirs of the said I: K: for ever, without any Condition, Mortage, or any other use or uses whatsoever, and that the said I. K. of such estate hath lawfull Power and Authority to bargain and sell the said Messuages and other the premisses to the said A: R: and his Heirs for ever, according to the Tenor and Purport of these presents. And that the said Messuages and Premisses, and every part and parcel Discharged of Encumbrances. therof, now be and at all times hereafter shall be discharged or saved harmless to the said A: his Heirs and Assigns by the said I: his Heirs Executors and Administrators, of, and from all and singular former Bargains, Estates, Rights, Conditions. Grants, Leases, Titles, Entailes, and Encumbrances whatsoever, one Lease made of a parcel of the Premisses Exception. to the said A: B: which shall expire &c. and one other Lease &c. and one yearly Rent charge at 40 s. yearly issuing out of the Premisses, and the chief Rents and Services hereafter to grow due to the chief Lords of the Fee of the Premisses, only except and foreprised, And To make further assurance. further, that he the said I. K. and A. his wife and their Heirs, and the Heirs of the said I. from time to time upon every reasonable request of the said A: R: or his Heirs, and at his and their costs and charges in the Law at all times within seve [...] years next ensuing the date of these presents, shall, and will, do, make and knowledge all, and every such lawful and reasonable Act and Acts, Thing and Things in the Law for the further assurance, suerty, and sure making of all the said Messuages and Premisses to be had and made sure to the said A: R: and his Heirs for ever, to and for the only use and behoof of the said A. R. and of his Heirs and Assigns for ever, be it by Fine, Feoffment, Deed or Deeds Enrowled, Recovery, Release with warranty against all men, or [Page 173] otherwise without warranty, as by the said A. R. his Heirs and Assigns, or his or their learned Councel shall be lawfully and reasonably devised or advised.
Provided alwaies, and it is especially conditioned, concluded, and Proviso for redemption &c. agreed, by and between the said parties to these presents, for themselves their Heirs Executors Administrators and Assigns, and every of them by these presents, That if the said I: K. and A. his wife and the Survivor of them and their Heirs Executors or Administrators, or the Heirs Executors or Administrators of the said I. K. from time to time, and at all times, during such time as they or any of them shall occupy the Premisses or any part therof, by any Lease to be therof made to the said I: and A. or to either of them by the said A: R: do as well keep and maintain all and singular the Premisses in good and sufficient reparations, and pay the yearly Rent therfore to be reserved by the said Lease, according to the tenor and true meaning. As also do well and truly content and pay, or cause &c. to the said A. his Executors or Administrators, or to his or their lawfull Attorney, the Sum of 300 l. of &c. at one entire payment, at the now dwelling house of the said &c. Scituate &c. Or if he be not there then dwelling, that then at such other house, where he shall fortune to dwell within the same City, or the Suburbs therof, at any time within the space of ten years, next ensuing from the date of these presents, upon any 26. day of April, or 26. day of July, between the hours of &c. in the afternoon of any of the same daies; That then and from thenceforth it shall and may be lawfull, to and for the said I. and his Heirs and Assigns, into all and singular the Premisses, to re-enter, and the same to have again and hold, as in his or their former Estate, these presents, or any other assurance or conveyance therof, or of any part therof made, or hereafter in the mean time to be made, to the contrary in any wise notwithstanding.
And that then and from thenceforth, the said Fine to be knowledged by the said I. K. and A. his wife, of the Premisses, in form aforesaid, and all other conveyances and assurances in the mean time therof made or to be made to the said A. his Heirs and Assigns, shall be and enure to the only use of the said I. K. and A. his wife, and of the Heirs and Assigns of the said I. K. for ever. And that then and from thenceforth the said A. R. his Heirs and Assigns; and all and every other person and persons which shall fortune to be seised, of or in the Premisses, or any part therof, by or under the Estate of the said A. R. shall therof and of every part therof stand and be seised, to the only use and behoof of the said I. K: and A. and of the Heirs and Assigns of the said I. for ever, and to none other use or uses whatsoever.
And the said I. K: doth for &c. covenant to and with the said A. R. his Heirs Executors and Assigns; Provided alwaies the Premisses notwithstanding, That if the said I. K. and A. his wife, [Page 174] their Heirs Executors and Administrators, do not in all points well and faithfully perform and fulfill the said condition, conclusion, and agreement in these presents last above specified, according to the tenor and true meaning therof; That then and at all times for ever after, any default made in performance or fulfilling therof, or of any part therof, on the part and behalf of the said I. K. and A. his wife, or of their Heirs Executors or Administrators, these Indentures and the Fine first above specified, and all other assurances above mentioned, shall be and enure to the only and proper use and behoof of the said A. R. and of his Heirs and Assigns for ever, and to none other use or uses, intent or purpose whatsoever, absolutely without any manner of condition or mortgage; Any thing whatsoever above in these presents specified or expressed, to the contrary in any wise notwithstanding.
And the said A. R. covenanteth &c. with the said I. and A. his wife, and the Heirs Executors and Administrators of the said I. that at and upon every payment of the yearly Rent to be reserved in the said Lease to be made of the Premisses by the said A. R. to the said I. and A. as aforesaid, To give an Acquittance upon every receipt of Rent. the said A. R. his Heirs and Assigns shall seal and deliver to the use of the said I. and A. and of their Executors, to such person or persons as shall make payment of the same Rent, a lawfull and sufficient severall Acquittance therfore from time to time: And that when it shall fortune the said I. K. and A. or the Heirs Executors or Assigns of the said I. K. to content and pay, or cause &c. to the said A. his Heirs Executors or Administrators, or to his or their lawfull Deputy or Attorney, the said Sum of 300 l. of &c. at any of the daies above named in these presents, for the payment therof, in manner and form afore specified, and within the said term of 10. years, having then also du [...]y performed the residue of the said condition, conclusion, and agreement aforesaid; That then upon the receipt therof the said A. his Heirs Executors or Administrators, shall and will as well seal and deliver to the said I. and A. or to the Heirs Executors or Administrators of the said I. or to their use, to such person or persons, as shall pay the said 300 l. a lawfull and sufficient Acquittance and Discharge for the same: As also then and therupon, or at any time after upon reasonable request, shall and will not only well and safely redeliver to the said I. and A. or to the Heirs Executors or Administrators, of the said I. whole and uncancelled all such Deeds, Evidences, and Writings, concerning the Premisses, or any part therof, as the said A. his Heirs or Executors, shall before that time have had, or received of or from the said I. K. Together wiih that part of these presents, sealed by the said I. K. But also shall upon like request, and at the costs and charges of the said I. K. his Heirs and Assigns, do and make all such act and acts, thing and things, for the extinguishment [Page 175] and release of his and their Right, Estate, and Title, in and to all and singular the Premisses, with warranty against the said A. R. and his Heirs, as by the said I. or his Heirs shall be reasonably devised or advised, and required at any time, within the space of one year next after payment of the said Sum of 300 l. in form aforesaid: In witness &c.
A Bargain and Sale of Land both Free-hold and Copy-hold, with liberty that if the Vendee dislike the Purchase by a day, then the Vendor to repay the Vendee his money, and if he like, then to pay more money.
THis Indenture &c. between R. W. &c. Parson of the Parish Church of &c: on the one party, and W. B. and K. his wife, on the other party, witnesseth, That the said R. VV. for and in consideration of the Sum of 30 l. of &c. paid by the said VV. &c. wherof &c. and therof and therfore &c. hath given, granted, bargained, and sold, and by &c. to the said VV. and K. his wife, all that Messuage or Tenement, and 4. Shops, with the appurtenances, now or late in severall Tenures or Occupations of &c. scituate &c. in the Parish: And also the Reversion and Reversions of all and singular the Premisses, and all the Estate, Right, Title, and Interest of the said R. VV. of in and to the same Premisses, and every part and parcell therof: And all and singular Deeds, Charters, Evidences, and Writings, touching or concerning the Premisses only, or only any part therof. As many of wich said Deeds &c. as the said R. now hath, or any other person or persons, by his consent or delivery have, or which the said R: without Suit in Law, can or may lawfully get or come by, he the said R. for him, his Heirs and Executors, doth covenant and promise by these presents, well and safe and uncancelled to deliver, or cause &c. to the said VV. and K. his wife, their Executors or Assigns, at the now Mansion house of the said VV. B. Scituate &c. at or on this side the day of N. next coming; To have and to hold the said Messuage and four Shops aforesaid, Habend. and all other the Premisses, with their appurtenances, to the said VV. B. and K. his wife, and to the Heirs and Assigns of the said VV. B. for ever, to and for the only use and behoof of the said VV. and K. his wife, and of the Heirs and Assigns of the said VV. B. for ever. And the The Ve [...]d [...]r lawfull Owner in possession or in reversion expectant up [...]n determination of a Lease. said R VV. for him his Heirs Executors and Administrators, covenanteth &c. to and with the said VV. B. and K. his wife, and the Heirs Executors and Administrators of the said VV. B. and every of them in manner &c. that &c. That he the said R. VV. now is the true sole lawfull and rightfull Owner and lawfully and rightfully sole seised of all [Page 176] and singular the above bargained Premisses, of a good perfect and pure Estate in Feesimple, in possession or in Reversion, immediatly expectant upon determination of Lease or Leases, for term or terms of years, wch shall expire within three years now next ensuing; And of such Estate Authority to sel &c. hath good and lawfull power, right, title, and authority, to bargain, sell, and assure all and singular the Premisses to the said W. and K. and the Heirs and Assigns of the said W. in form aforesaid; And that all and singular the same Premisses now are, and from henceforth shall abide and continue to the said W. and K. and the Heirs and Assigns of the said VV: clearly and freely discharged and acquitted, or otherwise at all times by the said R. VV his Heirs or Executors saved harmlesse, of and from all and singular former Bargains, Sales, Gifts Grants, Leases, Estates, Titles, Charges, end Incumbrances whatsoever, had, made, To discharge of Incumbrances. done, or procured, or in any wise consented or agreed unto, by the said R. or by any other for him, by his means or procurement; One Lease heretofore made of a parcell of the premisses, to one R. C. which shall not endure above two years now next ensuing, and one Annuity or yearly Rent of 5 l: yearly issuing and payable out of the Premisses to P. now the wife of one I. B. for and during the term of the life of the same P. and the chief Rents and Services hereafter to be paid and done to the chief Lords of the Fees of the Premisses, in respect of their Seigniories Exceptions &c. only except and foreprised.
And the said R. and W. covenanteth &c. That wheras the said R. VV. now hath and holdeth to him and his Heirs, one Garden Plot being Copy-hold, adjoyning to the Messuages and 4. Shops aforesaid; That he the said R. VV. at the next Court to be holden at the Mannor of little M: in the said County &c. wherof the said Garden Plot is holden, will either purchase and obtain the same of the Lord of the said Mannor in Fee-simple, and so then of such Estate for the consideration abovesaid, convey and assure the same to the said VV. and K. and The Vendor to make Estate of Copy hold land. the Heirs of the said W. Or else at the same Court shall surrender the same Garden Plot, according to the custom of the said Mannor, into the hands of the Lord by his Steward, for and to the use of the said VV: and K. his wife, and the Heirs of the said Ʋ Ʋ. B. without The Vendor to be at the charges of the Fine for the Surrender. If the Vende [...] dislike, then to give warning to the Vendor thereof, and the Vendor to repay him his money: delay, fraud, or covin. The Fine for the surrender, and the charges of conveyance and assurance of the said Garden Plot, now being Copy-hold from the said R. to the said Ʋ Ʋ: and K: and the Heirs of the said W. to be at the charges of the same R. Neverthelesse the said W: B: the Premisses notwithstanding, and the said R: Ʋ Ʋ: have agreed together for themselves, their Heirs and Assigns. And the said R. covenanteth &c. to and with the said Ʋ Ʋ: B: his &c. That if the said Ʋ Ʋ: B: at any time within the space of two years next &c. shall dislike the Purchase of the said Messuage and other the Premisses, and therof shall give notice to the said R. of such disliking by writing to be delivered to the [Page 177] same R. That then he the said R. his Heirs Executors or Administrators, Nota, the best way in this assurance is, that it may be made upon condition, if the warning be given, and money repaid at the day; and so there needeth no reassurance, but the Cellar is in the condition of his first Estate which is most reasonable. If the Vendee before a day shall signifie his liking of the Premisses, or before the same day signifie not his disliking, then to pay a further sum of money. Condition of liking, signified the liberty of disliking, shall then after be void. For further assurance in case of liking of the Purchase. within three months next after such notice given of such disliking as aforesaid, shall well and truly pay, or cause to be paid unto the said W. B. and K. his wife, for the repurchase of the Premisses, and in consideration of a good and reasonable assurance therof to be made from them and their Heirs, to the said R. and his Heirs, the Sum of 30 l. of &c. at the said dwelling house &c. without any fraud, or covin. Provided alwaies, that if the said W. at any time within the said space of two years, next after the date of these presents, shall signify to the said R. W. that he the said W. then hath an absolute liking of the Purchase aforesaid, or during the space of the same two years, shall not give any notice of disliking with the same Purchase unto the said R. W. Then the said W. B. for him his Heirs Executors and Administrators, and every of them covenanteth and granteth to him and them by these presents, firmly bindeth to the said R. his Executors and Administrators, well and truly to pay to the said R. his Executors and Administrators, for the clear purchase of the Premisses, the Sum of 15 l. of lawfull &c. over and besides the said 30 l. already paid, within ten daies next after such signification given of such absolute liking as aforesaid: Or if no notice of such disliking of the said Purchase be given, during the two years aforesaid, then to pay the said 15 l. within ten daies next after the expiration of the same two years, without fraud or covin.
Provided moreover, that after signification given of absolute liking of the said Purchase as aforesaid▪ the liberty of disliking therewith given as abovesaid, shall be utterly annihilated and clearly determined; Any thing abovesaid to the contrary notwithstanding.
And the said R. covenanteth with the said VV. B. &c. That if the said VV. shall be minded to retain the Purchase of the Premisses, that then at all times during other two years, next after the end of the said former two years given for liberty of liking and disliking, or next to ensue from the time wherin the said VV. shall signifie his absolute liking of the said Purchase, the said R. and his Heirs, and all and every other person and persons, having or which shall lawfully have, or claim to have any Estate, Right, Title, or Interest, in or to the Premisses or any part therof, by or from the said R. VV. (except only as is before excepted) at and upon every reasonable request to be made to the said R. or his Heirs, and at the costs and charges of the said VV. his Heirs Executors or Administrators, shall and will do, make, knowledge, and suffer, or cause &c. all and singular such act and acts, thing and things in the Law, for the further and better assurance, surety, and suremaking of all and singular the Premisses to be had and made sure to the said W. B. and K. and to the Heirs and Assigns of the said W. for ever, [Page 178] as by the said W. and K. and the Heirs and Assigns of the said W. or any of their Councel learned in the Laws of this Realm, shall be lawfully and reasonably devised or advised, either without warranty or with warranty of the said R. and his Heirs, and such as shall make any of the said assurances, only against themselves and their Heirs.
And the said W: B. covenanteth & c. That the said W: and K. his wife, and the Heirs and Assigns of the said W: shall agree and suffer that the said R: and his Assigns, may have and receive the yearly Rent of the Premisses, untill the first day of April, which shall be &c. If in the mean time, the said W: shall not signifie to the said R: or his Heirs of the absolute liking with the Purchase aforesaid: In witness, &c.
A Bargain and Assignment of whatsoever benefit growing to one by means of an Administration, and the Vendee is to save harmless the Vendor of whatsoever he may be charged with as Administrator.
THis Indenture, &c. Between I: H: of &c. and K: his wife, Daughter to N. E. late deceased and Sister to N. E. also deceased, which I. and K. are, or one of them is Administrator or Administrators of the Goods aad Chattels which were of the said N. and M: on the one party, and W: B: and R: B: &c. on the other party, witnesseth, That the said I. and K: for and in consideration of a certain Sum of money to them to be paid by Obligation, have given, granted. confirmed, remised, released, bargained, sold, assigned, and set over, and by these presents, doth &c. unto the said W: and R: all their Estate, Right, Title, Interest, Term of years and Demands, Leases, Debts, Goods and Chattels whatsoever, which the said I: and K. his wife, or either of them, their Executors or Administrators have, or at any time hereafter may, might, or ought to have, or at any time heretofore had since the death or deaths of the said N. or N. belonging to her the said K. and to the said J. or either of them, or that they or either of them might or ought to have, either by the last Will and Testament of the said N. her Father, or by the death of the said N. her Brother, or by any Letter or Letters of Administration to her and the said I. or either of them committed, of the Goods of the said N. and N. or either of them: To have, hold, and enjoy all the Premisses, and Habend. all the said Interests, Terms, Estates, Title, Claim, and Demand of the said I: and K. to the same, to the said W: and R: their Executors, Administrators and Assigns, for their own uses for ever.
And the said I: H: for him his Executors &c. doth covenant &c. in [Page 179] form &c. viz. That all and singular the Premisses now are and from Cavenant to discharge of Incumbrances. henceforth shall stand and abide clearly and freely discharged and saved harmless, of and from all and singular former Bargains, Sales, Leases, Grants, and Incumbrances whatsoever, had, made, done, or procured, by the said I. and K. his wife, or either of them: And that To make further assu [...]ance. they the said I. and K. and either of them at all times during 3. years next ensuing &c: at and upon every reasonable request, or within convenient time after such request, at the costs and charges in the Law of the said W. &c. shall and will make, do, knowledge and suffer, or cause &c. All and every such further act and acts, thing and things in the Law, as by the said W: and R. or either of them, or the Administrators or Assigns of either of them, or any their Councell learned in the Laws of this Realm, shall be lawfully and reasonably devised or advised, for the better assuring of all and singular the Premisses, to be had, conveyed, and made sure from the said J. and K. to the said W. R their Executors Administrators and Assigns, for their own use for ever.
And further, That the said I. and K: and either of them, and the To justifie actions &c: Executors and Administrators, of either of them at the the request, and costs and charges aforesaid, shall and will justifie and approve all and singular lawful Suits whatsoever by the said W. and R. or either of them ro the Executors or Administrators, of either of them to be brought or prosecuted in the name or names of the said I. and K. or either of them, or of the Executors or Administrators of either of them for any cause or causes whatsoever as Administrator or Administratrix of the said N. or N. being not compelled to travel for the justifying of the same. And that the benefit and advantages, of, and in The Vendees to have benefit af all actions &c. all and singular Recoveries in any such Suit or Suits to be had, taken, and enjoyed to the said W, and R. and their Executors and Administrators, for their own use without any account therof to be given to the said I. and K. or either of them, or the Executors or Administrators of either of them; and the said W. B. and R. B. do Covenant &c. to and with the said I. H. and K. his wife, and to and with either To [...]ove the Vendors from all damages by reason of such a [...]ions &c. and of all actions to be brought against them. of them, to save them and either of them harmles, or otherwise upon request to recompence them for all such costs and damages as shal be taxed or judged, or recovered against them or either of them by occasion of any such Suit or suits. And also the said W: and R, Covenanteth &c. that they the said W. and R. their Heirs Executors and Administrators, from time to time, and at all times hereafter, and upon reasonable requests at their own costs and charges shall and will save and keep harmless the, said I. and K. and either of them and the Heirs Executors and Administrators of either of them, of and from all Actions, Suits and demands whatsoever which shall or may happen to be had or brought by any person or persons against the said I and K. or [Page 180] either of them upon just cause without Fraud or Covin as the Admininistrators, or Administratrix of the said N. or N. or against the Executors or Administrators, of the said I. and R. or either of them by reason of the said Administrations or of either of them, had or taken by the said I. and K. or either of them. In witnesse &c.
A Bargain and Sale of a Moiety of a Ship.
TO All, &c. to whom this present Writing indented shall come, M. S. of &c. sendeth greeting in our Lord God everlasting. Know ye that I the said M. S. for and in consideration of the sum of 150 l. of &c. wherof &c. have hargained, sold, given, granted, and confirmed, and by these presents do &c. unto R. M. his Executors Administrators and Assigns, all that my Moiety of, and in all that the good Ship called the E. of L. of the Burthen or Portage of two hundred and forty Tuns or thereabouts, now remaining and being upon the River of T. And all that my Moiety of, and in all and singular the Masts, Sailes, Saile-yards, Anchors, Cables, Ropes, Cords Guns, Gunpowder, Munition and Shot, and all other Instruments, Artillery, Longboat, Cockboat, Tack, Apparrel, Furniture, and other things whatsoever to the said Ship belonging, or in any wise appurtaining, used, or serving, To have and to hold all the said Moiety of and in Habend. the said Ship, and the said Moiety of, and in all and singular the said Masts &c. and all other things whatsoever afore specified to the said R. his Executors Administrators and Assigns, to his and their own proper use and behoof for ever. And I the said M. S. for me &c. do That he is lawfully possessed &c: Covenant &c. in form &c. That I the said M. at the time of the Ensealing and Delivery of these presents, am the true, sole, and only lawful owner, Possessor and proprietary of the one moiety of the said Ship, and of all and singular other the premisses, and every parcel therof. And that I the said M. in mine own right, have full perfit, good and lawful power and authority, to give, grant, bargain, sell, and confirm Power to sell. the said Moiety of the said Ship, and the said Moiety of all and singular other the premisses to the said R. his Executors Administrators and Assigns, to his and their own proper use and behoof for ever, according to the tenor and true meaning of these presents. And also that I To discharge of Incumbrances, and for quiet enjoyment. the said M. mine Heirs Executors and Administrators, shall, and will from time to time, and at all times hereafter, clearly and lawfully discharge, acquit, or otherwise sufficiently save harmless, as well the said Moiety of the said Ship, and of all and singular other the premisses, and every part therof. As also the said R. M. his Executors Administrators and Assigns, and every of them, of and from all and singular [Page 181] former bargains, sales, molestations, gifts, grants, titles and incumbrances whatsoever, had, made, done, or occasioned before the Ensealing and Delivery hereof.
And further, that he the said R. M. his Executors Administrators and Assigns, shall, or lawfully may from time to time, and at all times hereafter, peaceably, and quietly, have, hold, dispose and enjoy the said Moiety of the said Ship and &c. without any Let, Reclaim, Molestation, Trouble or Interruption of me the said M. mine Executors Administrators and Assigns, or any of us, and without any lawful Let &c. of any other person or persons whatsoever. And that I the said M. mine Executors and Administrators, shall, and will Warrant and Defend A Warranty, the said Moiety of the said Ship, and of all and singular other the premisses, and every part therof against all people to the said R. M. his Executors and Assigns for ever to the use aforesaid, and in manner and forme aforesaid for ever. In witness, &c. to the one part, &c.
A Bargain and Sale of Land in London by the Mother, who hath a Free-hold therin for hor life, and the Sun in whom the Reversion is after her deceaso.
THis Indenture &c. Between Dame Ʋ. L. of L. Widow, late the wife of G. B. the elder &c. deceased and R. B. one of the Sons of the said G. on the one party, and W. R. &c. on the other party witnesseth, That wheras the said Dame Ʋ. L. is, and standeth seased for the term of her natural life, of and in all that great messuage or tenement and Garden with the appurt. &c. The mediate Reversion wherof after the Recitall. death of the said Dame Ʋ. the said G. B. the elder by his last Will and Testament made in Writing, did wholly devise and bequeath unto G: B. his son, and to his Heirs for ever. And wheras the said G. B. the younger hath given, granted, bargained, aliened, sold, confirmed and released to the said R. B. and to his Heirs for ever, all that the said great Messuage wfth the appurtenances, and the Reversion and Reversions, Remainder and Remainders, present and future Estate, Right, Title, Use, Interest and Demand of the said G▪ B: the yonger, of, in and to the said great Messuage with the appurtenances, as by one Indenture bearing date &c. Enrolled in the High Court of Chancery made between the said G: B: the yonger on the one party and the said R: B: by the name of &c. of the other party, amongst divers other Covenants and Agreements in the said Indenture, more at large may and will appear. All which said great Messuage with the appurtenances sometimes were parcel of the Possessions of Sir M. D. Knight and Alderman of L. Now the said Dame Ʋ: L: and R. B: for and consideration of the sum of &c: to them before &c. wherof and wherwith they &c. and [Page 182] therof and therfore &c. have bargained, sold, granted, aliened and confirmed, and by these presents do clearly and absolutely bargaine, &c. to the said W. R: and to his Heirs for ever, all the said great Messuage and Gardens with the appurtenances, and all Grounds, Yards, Lights, Shops, Cellars, Sollers, Warehouses, Buildings, Easements and Commodities whatsoever to the said great Messuage or Tenement belonging or appu [...]taining, or as any part or parcel therof demised, occupied, used, reputed or taken; and all the estate, right, title and interest, reversion, remainder, and demanded of the said Dame Ʋ. and R. and either of them, of, in and to the premisses or any part or parcel therof, except one peice of a Cellar, one Buttery, one peice of a Compting house, and three little Rooms over them, which are parcel of the possessions of the Parish Church of &c. and now are occupyed with the said great Messuage, by virtue of a Lease therof had from the said Parish Church, dated &c. A Covenant granting the Deeds and Evidences of the Premisses: To have and to hold the said great Messuage Habend. and Garden, with their appurtenances, and all and singular other the Premisses with their appurtenances, except before excepted, to the said W. R. his Heirs and Assigns for ever, to the only use and behoof of the said W. R. and of his Heirs and Assigns for ever.
And the said Dame Ʋ. for her self &c. covenanteth &c. That she Seised for Life. the said Dame Ʋ. is lawfully sole seised of the said great Messuage and Garden, with the appurtenances, of a good and lawfull Estate of Free-hold for the term of her life. And that the said Messuage and Garden, with the appurtenances, are and from henceforth shall stand and continue, clearly discharged and acquitted, or upon reasonable request and notice therof given, sufficiently saved harmlesse by the said Dame Ʋ. her Executors or Administrators, of and from all and singular To discharge of Incumbrances. former Bargains, Sales, Leases, Grants, Estates, Titles, Charges, or Incumbrances whatsoever, had, made, caused, or agreed unto by the said Dame Ʋ: or any other for her by her means, consent, or procurement.
And also that for the better assurance of all and singular the Premisses To come in a Fine with the Reversioner. with their appurtenances, to be had and made sure to the said W. his Heirs and Assigns, for the only use of the said W. and of his Heirs and Assigns for ever: She the said Dame Ʋ: at the reasonable request and charges in the Law of the said W: his Heirs Executors or Assigns, shall joyn with the said R. B: and any others in a Fine to be levied in due form of Law to the said W. and his Heirs, of all and singular the Premisses, according to the usuall manner of Fines.
Provided alwaies, that the Warranty to be made in the said Fine by the said Dame Ʋ: be solely of her self, and only against her, or against her and her Heirs; And that for the knowledging of the Concord [Page 183] therof she shall not be compelled to travell any further then to the said great Messuage, without her own good will and consent to the contrary.
And the said R: B: for him &c: covenanteth &c. in form &c: That Seised of the immediate Reversion. he the said R: now is lawfully and solely seised to the use of him and his Heirs, of the immediate Reversion or Remainder of the said great Messuage and Garden, with the appurtenances, from and after the decease of the said Dame Ʋ.
And he the said R. B. and S. now his wife, and the said G. B. the younger and M. now his wife, at all times from time to time, during To make further assurance. the space of two years next ensuing the date of these presents, at and upon the reasonable request, and costs and charges in the Law only of the said W. R. his Heirs Executors or Assigns, shall and will make, do, knowledge, and suffer, or cause &c. all and every such reasonable act and acts, thing and things in the Law, with warranty only against themselves, and their Heirs, or otherwise without warranty; As by the said W. his Heirs or Assigns, or his or their Councell learned in the Laws of this Realm, shall be lawfully devised or advised and required, for the better conveyance, assurance, and sure making of all and singular the Premisses with their appurtenances, to be had and made sure to the said W. R. his Heirs and Assigns for ever, for the only use &c. And also that all the said premisses and every part therof, with For quiet enjoyment discharged of Incumbrances. their appurtenances now are, and at the making of the said further assurance shall be, and from henceforth shall continue clearly and freely acquitted and discharged, or otherwise by the said R. B. his Heirs or Executors, upon reasonable request and not [...]ce therof given, saved harmlesse at all times, of and from all and singular former Bargains &c. had made, done, caused, or agreed unto or to be had &c. by the said R. B. and G. B. the younger, or either of them, or by any other person or persons, by the commandment, consent, or procurement of the said R. and G. the younger, or either of them.
And further the said R covenanteth &c. That he the said W. R. his Heirs and Assigns, shall or lawfully may from henceforth for ever, well and quietly have, hold, and enjoy, to the only use and behoof of the said W. his Heirs and Assigns for ever, as well the said great Messuage and Garden, with their appurtenances, and all other the Premisses with their appurtenances, except only before excepted, and from time to time, have, take, receive, and enjoy the Rents, Issues, and Profits therof, for the only use and behoof of the said W. R. his Heirs and Assigns, without any contradiction, impeachment, let, or impediment of the said R. and G. the younger; or of either of them, or of any other person or persons, by the commandment, consent, means, or procurement of either of them.
And also the said R. B. covenanteth &c. That the entire benefit of [Page 184] all such Bonds, as R. H. Knight, made to the said G. B. deceased, and as I. D: Merchant of the Staple at C. made to the said Sir R: H: for or touching the Premisses, or any part therof, and all advantages recompences, and sums of money, to be gotten of or by the said Bonds or any of them, shall be and continue to the only profit, interest and behoof of the said W. R. his Executors and Assigns, without any let or contradiction of the said R B. and G. B. or either of them, or the Executors or Administrators of either of them. And also that the said R. G. and the Survivor of them, and the Executors and Administrators To justifie actions &c. upon Bonds concerning the premisses. of the same Survivor, shall alwaies hereafter justifie and avow, all and every such Suits, Processes, Pleas, and Recoveries, as the said W. R. his Executors or Assigns, at their own costs and charges, shall bring or pursue upon the said Bonds, or any of them, in the name or names of the said R. and G. or either of them, or of the Executors or Administrators or either of them, against any person or persons chargable or to be charged for the same: And that the said R. Not to discharg Suits &c. and G. or either of them, or the Executors or Administrators of either of them, shall not at any time hereafter willingly suffer to be done, any act or acts, without the speciall consent of the said W. R. his Executors or Administrators, which shall or may discharge, suspend, or determine the Penalties or Forfeitures, of any of the said Bonds, or any Execution, to be had by reason of the same Bonds or any of them, or any Suit or Judgment to be had or given, in any Action to be brought as aforesaid, upon the said Bonds or any of them: In witness, &c.
A Bargain and Sale of Land, where the same is bound for the payment of part of the Purchase money left unpaid.
THis Indenture, &c. between R. I. of &c. on the one party, and C. B. of &c. on the other party, witnesseth, That for and in consideration of the Sum of 50 l. of &c. wherof &c. he the said R. I. hath granted, bargained, and sold, and by these presents doth fully and clearly grant, bargain, and sell unto the said C. B. his Heirs and Assigns for ever, all that Messuage or Tenement &c. except &c. And the Reversion and Reversions of all and singular the premisses, except before excepted.
And further the said R. doth by these presents bargain and sell to the said C. B. his Heirs and Assigns for ever, all and singular Deeds, Evidences, Charters, Escripts, and Writings whatsoever, touching or concerning the Premisses, or any of them; As in any of which said Deeds &c. as be in the hands, custody, or possession of the said R. or [Page 185] of any other person or persons by his bailment or delivery, or which he lawfully may come by without Suit in the Law. The said R. for him, his Heirs and Assigns by these presents, covenanteth to and with the said C. B: &c. to deliver, or cause &c. safe and uncancelled to the said C. B. at or before the 20. of August, next ensuing the date Habend. hereof, at the now dwelling house of the said R. I. in B. &c. To have and to hold the foresaid Messuage &c. and all and every other the premisses, with their appurtenances, and the Reversion and Reversions therof (except before excepted) to the said C. B. his Heirs and Assigns, to the only use and behoof of the said C. and of his Heirs and Assigns for ever, upon condition that he the said C. his Heirs Executors Condition. Administrators or Assigns, shall pay or cause &c. unto the said R. his certain Attorney, Executors Administrators or Assigns, the Sum of 120 l. of &c. in manner and form &c. viz. 60 l. therof, on the &c. next &c. at the said now dwelling house &c. and other 60 l residue and in full payment of the said 120 l. on the &c. which shall be &c. at the said now dwelling &c.
And the said R. I. covenanteth &c. in form &c. That the said R. Seised in Fee. at the time of the ensealing &c. for any act done by him the said R. is of all and singular the Premisses, sole seised in Fee-simple, of a good perfect, lawfull, and absolute Estate in the Law, to the only use of him the said R. and of his Heirs and Assigns for ever, without any condition, Mortgage, or Defeazance. And that the reversion or remainder of the Premisses, or any part therof, is not in our said Soveraign Lady the Queens Majesty. And also that the said R. I. his Heirs Executors and Administrators, shall from time to time and at all times hereafter, acquit, To discharge of Incumbrances. discharge, and exonerate, or upon every reasonable request, sufficiently keep harmlesse the said C. B. his Heirs and Assigns, and every of them, as all and singular the Premisses with their appurtenances, before by these presents mentioned, to be granted, bargained, or sold, and every parcell therof, of and from all and singular former Gifts, Grants, Bargains, Sales, Joyntures, Dowers, Title of Dower, Wills, Intails, Leases, Bonds, Statutes, Recognizances, Judgments, Executions, Fines, Issues, Amerciaments, Annuities, Rents: And of and from all other Titles, Grants, Estates, Troubles, Charges, and Incumbrances whatsoever, had, made, done, knowledged, or willingly suffered, by the said R. or by J. J. his Father, or R. I. his Uncle deceased, or by the Grand-father of the said R. I. or by any other of the Ancestors of the said R. I. or by any other person or persons, claiming or making Title, by, from, or under the said R. or his said Father, Uncle, or Grand father, or any Ancestor or Ancestors of the said R. J. the chief Rents and Services from henceforth to become due, for the Premisses, to the chief Lord or Lords of the Fee or Fees of the same, and one Lease heretofore granted of &c. which shall expire [Page 186] and clearly determine within &c. now next coming, wherupon there is reserved the yearly Rent of &c. and one other Lease &c. which said severall yearly Rents from henceforth, during the continuance of the said severall Leases, shall be due and payable to the said C. his Heirs and Assigns, only except and foreprised.
And further the said R. covenanteth, That be the said C. his Heirs For quiet enjoyment. and Assigns, and every of them shall or may from henceforth for ever, to his and their own proper use and behoof, lawfully, peaceably, and quietly, have, hold, occupy, possesse, inherit, and enjoy, all and singular the premisses, and every part and parcell therof, discharged or s [...]ved harmlesse, as is aforesaid: And also may have, perceive, receive, levy, take, and enjoy, all and every the Rents, Issues, and Profits therof coming and growing; According to the purport and true meaning of these presents, without the let, trouble, eviction, action, suit, entry, or interruption of the said R. his Heirs or Assigns, and without any lawfull let &c. of any other person or persons, by means of any act of acts, thing or things whatsoever, had, made, done, or willingly suffered by the said R. I. or his said Father, Uncle or Grandfather, or by any of them, or by any other Ancestor or Ancestors of the said R. I. other then such persons as any thing claim, by reason of the said Leases before excepted, or any of them, and for and concerning only the Title and Interest of the said severall Leases, and the Condition aforesaid. And also that he the said R. J. and all and every To make further assurance. other person and persons, lawfully claiming, having, or pretending to have, or that hereafter shall or may lawfully pretend, claim, or ought to have any Estate, Right, Title, Reversion, Remainder, or other thing whatsoever, in or to the Premisses, or any part or parcell therof, by, from, or under the said R. J. or his said Father, Uncle or Grandfather, or other Ancestor or Ancestors aforesaid, or any of them, except only such person or persons as shall claim for or by reason of the Leases before excepted, or any of them, and for and concerning the Title and Interest of their said severall Leases, shall and will within reasonable time, when and as often as he, they, or any of them, shall be therunto reasonably required by the said C. his Heirs or Assigns, within the space of five years, next ensuing the date hereof, at the costs and charges in the Law of the said C. his Heirs and Assigns, do make, knowledge, levy and execute, and suffer to be done &c. all and singular such Fines, Feoffments, Recoveries, Estates, Assurances, Acts and Things whatsoever, of, for, and concerning the premisses, and every or any parcell therof, or the assurances and conveyances therof, & of every or any parcel of the same: As by the said C. his Heirs or Assigns, or his or their Councell &c. shall be lawfully and reasonably devised, advised, or required, according to the true meaning and intent of these presents. And that all the said Fines, Feoffments, Recoveries, [Page 187] and other Conveyances and Assurances aforesaid, and every of them shall be, and all and singular person and persons whatsoever, which now or at any time hereafter, shall or may have or claim any Estate, Title, or Interest, of, in, or out of the Premisses, or any part therof, by, from, or under, or by force or means of the said Fines, Feoffments, Recoveries, and other Conveyances and Assurances aforesaid, or any of them, shall at all times, from and after every Execution or Executions of the said Fines, Feoffments, Recoveries, or other conveyances or assurances aforesaid, or any of them, stand and be seised of all and singular the said Premisses, before by these presents granted, to the only use and behoof of the said C. and of his Heirs and Assigns for ever, upon the condition before by these presents limited.
Provided alwaies that if default be made of or in the payment of the Proviso. said Sum of 120 l. or any part therof, contrary to the form aforesaid; That then the Grant Bargain and Sale by these preseuts made of the Premisses, and all the Covenants Grants and Articles by these presents made of the part of the said R. shall be void and of none effect.
And the said C: for him, his Heirs and Assigns, and every of them, and every other person seised to his, their, or any of their uses, doth by these presents covenant and grant, to and with the said R. I. his Heirs and Assigns, that then and from thenceforth after such default made, of or in payment of the said Sum of 120 l. or any part therof as aforesaid, and singular the Fines, Feoffments, Recoveries, and other conveyances and assurances afore mentioned, for any act to be done by the said C. his Heirs or Assigns, or any other person or persons, by his or their means, shall bt to the only use of the said R. his Heirs and Assigns for ever. And that then, and from and after such default made, it shall be lawfull, to and for the said R. his Heirs and Assigns, without any lawfull let or interruption of the said C. his Heirs and Assigns, or of any other person or persons, by his or their means, into all and singular the Premisses wholly to re-enter, and the same to re-possesse and have again, as in his former Estate, clearly discharged or saved harmlesse, of all Charges, Dowers, and Incumbrances whatsoever, made or done by the said C. his Heirs or Assigns, or any other person or persons, claiming by or from the said C. his Heirs or Assigns, or any other seised to his or their uses; These presents, or any thing in them contained, or any thing whatsoever, to the contrary therof &c.
And the said C. B. covenanteth &c. That he the said C. his Heirs The Bargaince to re-deliver the Deeds in case of payment or Assigns, after default made, of or in payment of the said Sum of 120 l. or any part therof, contrary to the form aforesaid, and upon reasonable request within two months after such request, shall re-deliver or cause &c. to the said R. his heirs or Assigns, all such Deeds Evidences and Writings, as the said R: his heirs or Assigns, before [Page 188] such default making: shall have delivered to the said C. his Heirs or Assigns, touching the Premisses or any part therof, and that in as good case as the same were received by the said C. his Heirs or Assigns, of the said R. his Heirs or Assigns.
And the said R. I. covenanteth &c. That he the said R. his Heirs Executors Aministrators or Assigns, or his or their certain Attorney, from time to time, when and so soon as the said C. his certain Attorney Executor or Administrator, shall according to the tenor of these The Bargainor to give acquittance for money received. presents, have made any payment of any Moyety of the said Sum of 120 l. shall and will make and deliver, or cause &c. to the said C. or lately his certain Attorney Executors Administrators or Assigns, as shall make every or any such payment, a good and sufficient acquittance and discharge in the Law, under the hand and seal of the said R. his Heirs Executors Administrators or Assigns, of and for such Moyety of the said Sum of 120 l. as shall be so paid as aforesaid: In witness, &c. A Feoffmemt upon Condition aforesaid.
A Bargain and Sale of an Annuity granted by a Fine.
THis Indenture &c. between W: G. &c. and E: his wife on the one party, and S. P. eldest Son of R. P. Citizen &c. on the other party, witnesseth, That wheras W. H. of C. and M: his wife, by one Recitall. Fine Sur Grant, and render levied before the Kings Majesties Justices of his Common Bench at W. in the Term of Saint Michael, in the 14. year &c. did grant to the said W. G. a certain yearly Rent of 9 l. 13 s. 4 d. going out of two Messuages and two Shops, with their appurtenances in W. &c. and the same to the said W. G▪ did render in the said Court; To have and perceive the said annuall Rent of &c. to Habend. the said W. G. aad his Heirs, at the Feasts of &c. by even portions yearly to be paid: And if it happen the said yearly Rent of &c. or any Nomine poene upon default of payment. part therof to be behind in part or in the whole, after any Feast of the Feasts aforesaid, in which it ought to be paid and not paid by the space of forty daies, being asked, that then the said W. M. and the Heirs of the same W. shall forfeit to the said W. G. and his Heirs 14 s. 4 d. in the name of a pain, as often as the same yearly Rent of &c. or any part therof shall be so behind: And that then and so often it Distresse. shall be lawfull to the said W. G. and his Heirs, into the said Messuages and Shops, with their appurtenances, to enter and distrain, and the Distresses so there taken and had, lawfully to lead carry and drive away, and with him to detain, untill he shall be fully satisfied and paid, as well of the said yearly Rent of &c. with the Arreages therof, if any shall be, as also of the said 14 s. 4 d. in the name of a pain as aforesaid; As by the said Fine amongst other things therin contained, more plainly will appear.
Now the said W: G: for and in consideration of the sum of &c. Bargain &c. wherof &c. hath bargained and sold, and by these presents doth bargain and sell unto the said S: P. and his Heirs for ever, the said yearly Rent of &c. as being out of the said two Messuages and two Shops aforesaid, and all the estate, right, title and interest of the said W: G: and his Heirs, of, in, and to the same yearly Rent, To have, hold, perceive, Habend. receive, and enjoy the said yearly Rent of &c. at the said several Feasts abovesaid, and as the same shall grow due and payable unto the said S: P: his Heirs and Assigns for ever, to the only use of the said S. and of his Heirs and Assigns for ever. And the said W: G: Covenanteth Discharge of Incumbrances. &c. in form &c. That the said yearly rent now is, and for ever hereafter shall be, stand and continue to the said S. P. and his Heirs clearly and freely discharged and acquitted, or otherwise from time to time, and at all times upon reasonable request, shall be well and sufficiently saved harmless by the said W: G. his Heirs Executors and Administrators, of, and from all and singular former bargains, sales, gifts, grant, titles, troubles and incumbrances whatsoever, had, made, done, or procured by the said W. G: or by his knowledge, consent or Further Assurance. procurement. And further, that he the said W. G. and the said E his wife, and the heirs of the same W: & all & every other person or persons, having or wch shal have or lawfully claim, or pretend to have any former estate, right, title, or interest of, in, or to the said yearly rent of &c. by from, or under the estate of the said W: G: from time to time upon reasonable requests within two years next comming, at the costs and charges in the Law only of the said S. his Heirs or Assigns, shall, and will, do, make, knowledge, suffer, execute and cause &c. all and every such further lawful and reasonable act and acts, thing and things, for the further and more better assurance, and sure making of the said yearly rent of &c. to be had and made sure to the said S. his Heirs and Assigns, to his and their own use and uses for ever, as by the said S. his Heirs or Assigns, or his or their learned Councel in the Laws of this Realm shall be lawfully and reasonably devised or advised and required. In witness, &c.
A Bargain and Sale by a man and his wife, she being a Co-heir of a third part of certain Land in Possession, and of a Moiety of another third part of the same Land in Reversion after the death of the late husband of one of the Co-heirs Tenant by Courtesie.
THis Indenture, &c. between E. M. and M. his wife, one of the Daughters and Heirs of Sir A. P. Knight deceased on the one party and G: M. &c. on the other party. That wheras the said Sir A. P. Knight Recital. [Page 190] was in his life time lawfully seised in his Demesne as of Fee, of, and in one capital Messuage or Tenement, with the appurtenances; and all Shops, Cellers &c. to the said capital Messuage belonging &c. And the said Sir A so being of the said capital Messuage and Premisses, with the appurtenances seised, died therof seised; by, and after whose death the said capital Messuage or Tenement with the appurtenances descended and came to E. M: and A. as the Daughters and Heirs of the said Sir A. P. which M. the said E: M: hath married, and taken to wife; and wheras also the said E. whom one A. R. took to wife is now deceased, having no issue of het body now living. Now this Indenture witnesseth, that the said E: M: and M: his wife, for, and in consideration of the sum of 120 l. of &c. wherof &c. have bargained and sold, and by Bargained &c. these presents do bargain and sell unto the said G: M: his Heirs and Assigns, as well all that the third part of the said capitall Messuage or Tenement with the appurtenances, and the third part of all the said Shops &c. as the Moyety of all that the Reversion of the third part of the said Messuage and Premisses which the said A: R: holdeth for the term of his life as Tenant by the Courtesie of England, and all the right, title &c. together with all the Deeds, Evidences &c. to have and to hold the third part, and the said Moiety of the said Reversion, of the third part of the said Messuage &c. and of all the said Shops, &c. Habend. and all their estates, titles and interests, in, and to the premisses to the G: M: his Heirs and Assigns for ever, to the only use &c. and the said Covenant for further [...]ssurance. E: M. Covenanteth &c. that they the said E: and M: his wife, and the Heirs and Assigns of the said M. shall, during the space of five years, at the reasonable request of the said G: his Heirs or Assigns, at his and their own proper costs and charges during the said term of five years make to the said G: and his Heirs, all such further assurance &c. be it by Deed inrolled &c. or otherwise,, as by the said G: or his Councel shall be devised &c. and that the said third part and Moiety of the Reversion of the other third part of the said Messuage &c. is free of incumbrances done by the Vendors, or by any, or by any by their means, the Rents and Services except &c. In witness &c.
A Sale or Transport of goods arrested and staied in Flanders by hy the King of Spains Authority, and of all recumpence which may be had for the same.
THis Indenture, &c, between I: S: &c. on the one party, and R. P. and R: B: &c. on the other party witnesseth, That wheras the said I: S: lately before Christmas, in the year &c. did ship in the Port of London to be discharged at Antwerp in Brabant, divers woollen [Page 191] Clothes in a Ship wherof was Master one W. H. to the value of &c. And wheras also about the same time the said I. S, had shipped at Antwerp aforesaid to be discharged at London, in a ship wherof was Master &c. d [...]vers Forraign goods, merchandises and commodities, amounting to the value of &c. of Flanders money, all which said clothes, goods, merchandises, and commodities by reason of the late restraint of entercourses made between the King of Spains Subjects, and the Subjects of the Kings Majesty were staied and arrested by the Kings Authority in Flanders, and there detained, as more plainly appeareth, Recorded and Entred before the Kings Majesties Commissioners here in England in that behalf appointed.
Now the said I: S: for, and in consideration of a certain sum of money by him had, and already received of the said R. and R. hath granted, bargained, sold, and assigned, and by these presents doth grant &c. to the said R: and R. all and singular the said clothes, merchandises, goods, and commodities aforesaid for their own use, to them, their Executors and Assigns, to he had, taken and enjoyed, as they or any of them may be gotten or come by for ever, together with all and every such allowance, recompence and satisfaction whatsoever, which is or shall be limitted, allowed, or assigned to the said I: S: his Executors or Assigns for the Premisses, or any part therof, or which may or shall be had or taken by the said I. his Executors and Assigns, by way of any such allowance, recompence, or satisfaction any manner of way. And the said I. S. for him &c. doth Covenant &c. in form &c. that the said R, and R. their Executors and Assigns, or any of them, for, and in the name or names of the said I. S. his Executors and Administrators, or otherwise as it shal be requisite, shall, or may ask, demand, take, and receive all, and all manner of satisfact on, recompence and allowance whatsoever to be had, made, or given to the said I: S: his Executors or Assigns for the premisses or any part therof without the let, hinderance, gainsaying or interruption, of the said I: his Executors or Administrators; and that the said R: and R. their Executors and Administrators, or any of them, for and in the name or names aforesaid, may lawfully compound and agree for the Premisses, and every or any part therof; And therupon make, seal, and deliver such Release and Releases, or any other discharge in the name or names aforesaid, as to them the said R. or R. their Executors or Assigns, or any of them shall seem requisite. And that to the getting, obtaining, and enjoying of all or any of the Premisses., according to the true intent and meaning of these presents: It shall and may be lawfull to the said R. and R. their Executors or Assigns, or any of them, from time to time, and at all times, to do, knowledge, execute, and finish, all and every thing and things, for and in the name or names of &c. as therunto shall be needfull in any wise.
And further that the said J. S. heretofore hath not had or received the Premisses, or any part therof, or any satisfaction or recompence for the same, or any part therof, or hereafter without the consent of the said R. &c. shall not receive or take the Premisses, or any part therof, or any satisfaction for the same, or any part therof, neither shall do or knowledge any thing which shall let or hinder the said R. and R. their Executors or Assigns, to have, take, and enjoy for their own use, the Premisses and every part therof, according to the true meaning of these presents: In witness, &c.
A Bargain and Sale of a Reversion or Remainder in Land well passed.
THis Indenture, &c Between W. P. the elder, of L. Gentleman, Son of M. P. late of L. aforesaid, Gentleman, deceased, and of A. his wife, Daughter of K. D. late of Saint B. of L. Widow, deceased, on the one party, and M. L. of L. Widow, on the other party, witnesseth, That the said W. P. for and in consideration of 120 l. of &c. Hath Consideration. Bargain and Sale. given granted bargained and sold, and by these presents doth fully clearly and absolutely, give grant bargain and sell unto the said M. L. her Heirs and Assigns for ever, all that Messuage or Tenement &c. and all and singular Cellars Sollers Rooms Back-sides Yards void Grounds Lights Easements Commodities and Appurtenances whatsoever, to the said Messuage or Tenement belonging, or in any wise appurtaining: And the Reversion and Reuersions, Remainder and Remainders of all and singular the Premisses, and of every part therof. And all the Estate Right Title Interest Claim and Demand of him the said W. P. of, in, and to the said Messuage or Tenement, and other the Premisses with their appurtenances. And also all and singular Deeds Evidences Charters Deeds, &c. Wills Writings Escripts and Mynuments whatsoever, touching or concerning the Premisses, or any part ot parcell therof: To have and to Habendum. &c. hold the said Messuage or Tenement, and all and singular other the Premisses before herein bargained and sold, or mentioned to be bargained and sold, from, in, and after &c. unto the said M. L. her Heirs and Assigns, to and for the only and proper use and behoof of the said M. L. and of her Heirs and Assigns for ever. And the said W. P. Covenants that he is seised of the Reversion or Remainder in see, &c. for him his Heirs Executors and Administrators, and every of them, doth covenant promise and Grant, to and with the said M. L. her Heirs Executors and Assigns, and every of them by these presents, in manner &c. that is to say, That he the said W. P. at the time of the ensealing and delivery of these presents, is and standeth rightfully and absolutely seised of the immediate Remainder or Reversion of the said [Page 193] Messuage or tenement and other the Premisses with the Appurtenances, depending in an Estate for term of the naturall life of the said A. P. of and in the same as of fee and right, to the onely use and behoof of the said W. P. and of his Heires and Assigns for ever without any condition or limitation of use or uses whatsoever, And that he the said W. P. now hath full power good right and lawful authority in and by P [...]wer to sell▪ the law to bargaine sell and assure the said Reversion or Remainder of the said Messuage or tenement and of all and singular other the Premisses, above by these Presents, mentioned, to be hereby bargained and sold, with all and singular the Appurtenances unto the said M. L: her Heirs and Assigns, to the only use and behoof of the said M: and of her Heirs and Assigns for ever, in manner and form aforesaid.
Here followeth a Covenant for discharge of Incumbrances. And another That the Particular Tenants life shall attorne. for making further Assurance. And also that the said A. P. shall within the space of six months next after reasonable request to be made by the said M. L. her Heirs Executors or Assigns in due form of Law attorn tennant to the said M. L. her Heirs or Assigns in the said Messuage or Tenement or other the Premisses, for and in respect of That the Vendee shall enjoy without Interruption. the said A. her said Estate of and in the same. And further that she the said M. L. her Heirs and Assigns to her and their own proper use and behoof from time to time and at all times from and after the decease of the said A. P. shall or may lawfully peacably and quietly have hold occupy, and enjoy the said Messuages, or Tenements and all and singular other the Premisses with the Appurtenances. And the Rents Issues Revenues and profits therof continuing or growing to her and their own proper use and behoof shall or may receive perceive and enjoy without any let, resistance, disturbance, eviction, molestation, or interruption of the said W. P. his Heirs or Assigns, or any of them, and without any lawfull let, resistance, disturbance, eviction, molestation, recovery, or interruption of any other person or persons whatsoever, other then the said chief Lord or Lords, of Fee or Fees of the premisses, for and in respect only of their Services: In Witness &c.
A Bargain and Sale by Executors of a House which is devised to be sold to the most advantage.
THis Indenture &c. between A. G. &c. I. B. eldest Son of T. B. late &c. deceased, and P. B. second Son of the said T. Executors of the last Will and Testament of the same T: on the one party, and N. B. &c. on the other party, witnesseth, That wheras the said T. B. in his life time, was seised in his Demesne as of Fee, of and in all the great Messuage and Tenement &c. with all and singular Shops &c. to the same [Page 194] Messuage, and other the Premisses, or any part therof, by any means belonging or appurtaining, or used with the same &c. And the said T. B. being so seised of the said Messuage and other the Premisses, did make his last Will and Testament in writing, dated &c. and therby did will and devise the said Messuage and Tenement, with the appurtenances, in form as followeth, that is to say, Item, I will that my Mansion house with the appurtenances, be sold to the most advantage, and the money therof to be divided equally amongst my Children, part and part like. Provided alwaies, that if M. my Daughter be then married or towards marriage, that she have my House before any other, giving as much therfore as any other, so and in such sort as the rest of my Children be not hindred therby: And then of the same his last Will and Testament, did order and make his Executors the said A. J. and P. as by the same last Will and Testament may plainly appear.
And after died seised of the Premisses, of such Estate as aforesaid. And for as much as M. the said Daughter of the said T. is now married unto one H. G. and profer hath been made to her and her Husband to have the said House afore any other, giving as much therfore as any other; And therupon the said M. and her Husband have clearly refused so to have the same house. The said A. J. and P. for and in Bargaine. consideration of the Sum of 466 l. 13 s. 4 d. of &c. to them before hand paid by the said N. B. (which is the most advantage that the said Mansion house might in any wise be sold for.) Of which said Sum of &c. have bargained and sold and granted, and by these presents do grant bargain and sell to the said N. and his Heirs for ever, all the said Messuage or Tenement, scituate &c. with all and singular Shops &c to the same belonging or appurtaining, or in any wise used with the same or accepted as part therof, in the time of the said T. B. or at any time since, scituate, lying, and being between such Bounds and Limits as is abovesaid. And also the Reversion and Reversions of all and singular the above bargained Premisses, And all and singular Deeds &c. which the same A. I. and P. have touching the same, or Covenant to deliver the Wools which they &c. To have and to hold the said Messuage and Tenement, and all other the above bargained Premisses, with the appurtenances, and the Reuersion and Reuersions therof to the said N. his Heirs and Assigns for ever, to the only use of the said N. &c.
And the said A. G. for him &c. covenanteth with the Vendee &c. the Premisses to stand for ever, to the said N. B. discharged of all Incumbrances by the said A. or his procurement. The chief Rents and Services &c. only except and foreprised. And further &c. A Covenant by the said A. for further assurance: In witness &c.
A Sale of Wooll.
THis Indenture &c. Between Sir R. K. on the one party, and R. W. on the other party, witnesseth, That the said Sir R K. hath bargained and sold, and by these presents doth &c, unto the said R. W. all the Wools of the proper growth of the Sheep of the said Sir R. K. this present year, being by estimation the Wooll of 5400. Sheep, or therabouts, at the price of 22 s. of &c. the Todd, all the same Wools to be waighed by the half Sack, which is 6. Todds & a half at a draught, and at every second draught to allow unto the said R. W. his Executors or Assigns, one Fleece of Wooll for over-waight, according as the use and custom hath heretofore been at F. aforesaid, And all the said Bargain of Woolls to be well washed, and to be wrought by a sworn man, as the Woolls of the said Sir R. K: hath heretofore accustomarily been: In consideration of which said Bargain of Woolls, the said R. W. hath paid and delivered to the said Sir R. the Summ of 500 l. of &c. wherof the said Sir R, acknowledgeth the Receipt accordingly by these presents.
And the said Sir R. for him, his Executors Administrators and Assigns, doth covenant and grant, to and with the said R. W. his Executors and Assigns, by these presents, That he the said Sir R: his Executors Administrators or Assigns, at his or their own proper costs and charges, shall and will well and truly deliver, or cause &c. to the said R. W. his Executors or Assigns, all the said bargain of Wolls of the said kind growth and goodnesse aforesaid, at or before the last day of September next coming, after the date hereof, at the Mannor place of the said Sir R. scituate in F. aforesaid. And the said R. W. for him &c. covenanteth &c. That he the said R. W. his Executors Administrators or Assigns, at and upon the full delivery of the said bargain of Wools at F. aforesaid, shall well and truly content and pay, or cause &c. to the said Sir R. his &c. the rest and residue of such Sums of money, as the said bargain of Woolls at the price above specified shall amount unto, over and above the said 500 l. paid and disbursed by the said R: to the said Sir R. before hand, upon the bargain of Wools as aforesaid.
And the said Sir R. covenanteth &c: That if the said bargain of Woolls, at and upon the delivery therof as aforesaid, shall not amount to the full Sum of 500 l. after the rate and price of 22 s. the Todd, that then he the said Sir R. his Executors or Assigns, at or upon the delivery of the same Wools, shall well and truly content and pay, or cause &c. to the said R. his Executors and Assigns, all such money, as the same Woolls shall want of the same 500 l. at the rate and price aforesaid, without fraud or covin: In witnesse &c.
A Bargain and Sale by two Co-heirs in Land, of a Reversion.
THis Indenture made &c. Between I. K. &c. and K. his wife, and E. C: &c. Heirs of I. S. deceased on the one party, and T. B. &c. on the other party, witnesseth, That wheras A. S. of B. in the County Recitall of the Estate for life in being Of Freehold of H. Widow, late the wife of W. S. deceased, now is lawfully seised of an Estate of Free-hold, for term of her life, of and in one Messuage set and builded in B. aforesaid, and of and in divers Lands, Meadows, and Pasture, lying and being in the Parishes of &c. containing by estimation 20. acres, be they more or lesse; The Reversion of two six parts of all and singular the premisses, do severally belong and appurtain to the said J. K. and K. his wife, and C. and M. his wife, as to two of the Sisters and Heirs of the said I. S.
And wheras also the said J: K: did late purchase to him and his Heirs of W: H: of &c. and of R. his wife, and of T: E. of H: &c. and A. his wife, two other of the Sisters and Co-heirs of the said J: S: their two six parts of all & singular the premises, that is to say, one third part of all the same premises as by one Indenture betwixt them therof made and bearing date the 13th day of May now last past more plainly will appear. The said I: K: and K: his wife for the sum of 60 l. of &c. to them paid before the ensealing of these presents by the said T. B. have given, granted, bargained and sold, and by these presents do &c. unto the said T: B: and to his Heirs and Assigns for ever, as well all the sixt part of the said J. K. and K. his wife which they have in the right of the same K: of, and in the said Messuage, and all other the premisses, as also all those two sixt parts, or one third Part of all and singular the same Messuage and Premisses, so by the said J: K: purchased of the said W. H. and R. his wife, and T: E: and A: his wife as aforesaid, and all the estate, right, reversion, title, interest, part, parts, and purparts whatsoever, which they the said J: K: and K. his wife have, or either of them hath or ought to have, of, in or to the said Messuage and Premisses, or to every, or any part or parts therof whatsoever; and also the said E. C: and M: his wife, for the sum of 24 l. of &c. have, aliened, granted, bargained and sold, and by these presents &c. to the said T: B: and to his Heirs or Assigns for ever, all the sixt part of the said E: and M: which they have in the right of the same M: of and in the said Messuage, and all other the premisses, and all their estate, right, title, reversion, interest, part, parts, and purparts whatsoever which they the said E. and M: his wife have, or either of them hath or ought to have, of, in, or to the said Messuage and Premisses, or in, or to every, or any part or parcel therof whatsoever, and the said J: K: and K. [Page 197] his wife, and the said E: C: and M: his wife, for the consideration aforesaid do by these presents bargain and sell to the said T. B. all the Deeds, Charters, Evidences and Writings touching the premisses, and every of them severally do promise & grant to deliver unto the said T: upon reasonable request at any time so many of the said Evidences, as they, or any of them have, or without Suit may come by without any manner of fraud or covin, to have and to hold all the said parts of the Habend. said Messuage and Premisses, with all and singular their appurtenances and all other the premisses by these presents above bargained and sold to the said T. B: and to his Heirs and Assigns for ever, to the only use &c. and the said I. K. and T. C. for themselves, and for their wives, Covenant for knowledging of Fines. their Heirs Executors and Administrators, and every of them, do severally and apart, every of them only for the part of himself, and of the Heirs Executors and Administrators, Covenant and Grant to and with the said T. B. his Heirs Executors Administrators and Assigns by these presents in manner and form &c. that they the said J. K. and K his wife for their part, and also that the said E. C. and M. his wife for their part, at the cost and charges in the Law of the said T. B. or of his Executors or Administrators in this present Hillary Term holden at Westminster by Fine to be orderly levied and recorded before the Justices of the Court of Common-Pleas &c. shall grant to the said T. and his Heirs all the said four sixt parts of the said Messuage, Lands, and Tenements, and all other the premisses by these presents above bargained and sold by the name of four Parts, into six parts divided of one Messuage, one Barn, one Garden, one Orchard, 22. acres of Land, 2. acres of Medow, 15. acres of Pasture, with their appurtenauces in B. L. A. W. A. and T. in the said County of H. into six parts divided as aforesaid, and the same shall severally warrant against them and the Heirs of the said K. and M. for ever, and that the said Messuage and Premisses, and every of them at the time of the levying and Engrossing For discharge Incumbrances. of the said Fine shall be and stand clearly acquitted and discharged, or otherwise or at all times sufficiently saved harmless by the said I. K. his Heirs or Executors for the part of the said I. and K. his wife; and by the said E. his Heirs or Executors for the part of the said E. and M. his wife of and from all and singular former Bargains, Sales, Grants, Titles, Estates and Incumbrances whatsoever, had, made, granted, or willingly suffered by the said I. K. and K. his wife on their part, and by the said E. C. and M. his wife on their part, and also that the said J. K. and K. his wife on their behalf and their Heirs, and the E. C. For further assurance. and M. his wife on their behalf, and the Heirs of the said M. shall and will at all time and times during four years next &c. at, and upon the reasonable request, costs and charges in the Law of the said T. B: his Heirs or Assigns, do suffer and acknowledge all and every such thing or things, act and acts in the Law, with such warranty as aforesaid, as [Page 198] shall be reasonably devised or advised by the learned Councel of the said T. B. or of his Heirs or Assigns, for the assurance, sure conveying and sure making of all the said four sixt parts, and of all other part and parts, and of all the estate, right, title, reversion and interest which the said I. and K. his wife and their Heirs, and which the said E. and M. his wife, and the Heirs of the said M. severally have, or may have, or claim to have, to, of, or in the said Messuage, or other the premisses to be had conveyed and made sure to the said T. B. his Heirs and Assigns, to, and for the only use and behoof of the said T. and of his Heirs and Assigns for ever. In witness &c.
A Bargain and Sale of a Reversion, or Remainder of the third part of certain Lands.
THis Indenture made, &c. between R: T. &c. on the one party, and I. L. &c. on the other party witnesseth. That wheras the late King H. 8. by his Letters Patents under the great Seal of E. bearing date at Westminster &c. Did amongst divers other things, Give and Grant to A: B: the Scite, Circuit and Precinct of the late dissolved Monastery or Priory of M: with the appurtenances in the County of L. and all manner of Messuages, Houses, Cottages, Barns, Stables Dove-houses, Mills, void Grounds, Gardens, Orchards, and other Edifiees and Buildings, with their appurtenances within the Scite, Circuit and Precinct of the said late Monastery or Priory, & the Church-yard therof, and all great Trees, Woods, and under-Woods growing and being in and upon the said Scite, Circuit and Precinct of the said late Monastery or Priory or any part or parcel therof, and the soyle and ground of the same, great Trees, Woods, and under-Woods, and certaine Messuages, Lands, Tenements, Meadows, Pastures, Feedings and Hereditaments of the clear yearly value of 8 l. 12 s. of lawfull &c. scituate lying and being in B. H. B. and M. in the said County of L. to the said late Monastery or Priory, sometime belonging and appurtaining: To have and to hold the same to the said A. B. for term of their lives, and the longer liver of them, the remainder therof after their deceases to the Heirs of the body of the said A: B: lawfully begotten; the Reversion therof in Fee-simple to the said late King, the which said Reversion or Remainder of the third part of all and singular the forenamed premisses is descended to the Lady M. now wife of H. Earle of D. and to the Heirs of her body, as one of the Co-heirs of the said A. B. to take effect immediatly after the decease of the said R. And the said Reversion or Remainder of one third part of all the same Premisses, the said Earle and Lady M. now have to them and [Page 199] the Heirs of the said Lady M. for ever, of the Gift and Grant of our said Soveraign Lady Queen Eliz. by her Hignesse Letter Patents, bearing date &c. as by the said Letters Patents appeareth.
And the said Earl and Lady M. by their Indenture of Bargain and Sale, dated 9 Iunij 16. Eliz. and enrolled in her Majesties Court commonly called the Kings Bench at Westminster, have bargained, sold, and conveyed, all their said Reversion and Remainder, and their whole Estate, of and in all and singular the Premisses to the said R. T. and his Heirs for ever; As by the said last recited Indenture may appear.
Now the said R. T. for and in consideration of the Sum of 533 l. 6 s. 8 d. of lawfull &c: wherof &c. hath aliened bargained and sold, and by these presents doth &c. unto the said I. L. his Heirs and Assigns for ever, all those the said Remainder and Remainders, Reversion and Reversions, which late were to the said Earl and Lady M. and the Heirs of the said Lady M. and which he the said R. now hath, of and in the said third part and portion, of and in all the said Scite, Circuit, and Precinct of the said late Monastery or Priory of M. with the appurtenances, in the said County of L. and of and in the third part and portion of the Demesne Lands, of the said late dissolved Monastery or Priory of M. and of and in the third part of all the said Messuages Lands Tenements Meadows Feedings Pastures and Hereditaments, of the said yearly value of 8 l. 12 s. in B. H. B. and M: in the said County of L. And also all the Right Estate Title Interest Reversion Remainder Demand, which he the said R: T: hath or ought to have, of, in, or to the said bargained Scite Circuit and Precinct, Demesne Lands Tenements Messuages, Lands Hereditaments, and all and singular other the said bargained Premisses, with their appurtenances, by force and virtue of the said Indenture of Bargain and Sale aforesaid, or otherwise: And all Deeds Evidences Charters Writings Rentals Books of Survey Court Rolls Terrors and Mynuments whatsoever, only concerning the above bargained Premisses, or only any part therof. As many of which said Deeds &c. To have and to hold all that the Habend. said Remainder and Remainders, Reversion and Reversions of the said third part and portion of the said Scite Circuit and Precinct of the said late Monastery or Priory of M: and all the Houses, and all and singular other the Premisses, with their appurtenances, above by these presents, bargained and sold unto the said I: L: his Heirs and Assigns for ever, to the only use &c.
And the said R. T. covenanteth &c in form &c. That the said bargained Covenant to discharge Incumbrances. Remainders or Reversions of the said third part, of all and singular the said Premisses, and of all and every part therof now be, and at all times hereafter, shall be and continue clearly acquitted exonerated and discharged, or otherwise sufficiently saved harmless by the said R: his [Page 200] Heirs Executors and Administrators, of and from all and singular Feofments, Bargains, Sales, Gifts, Grants, Leases, Wills, Annuities, Rents, Charges, arre [...]ages of Rents, Bonds Statutes, Recognisances, Mortgages, Judgements, Executions Jointures, Dowers, Fines for Alienations, Amerciaments Charges, Titles, and Incumbrances whatsoever made or done, or to be made or done by the said R. T. (The chief rents & services from the decease of the said Lady K. now Dutches of S. to be due to the chief Lords of the Fee or Fees of the Premisses, and any intrusion or other forfeiture, charge, or Incumbrance for not suing of Licence of alienation heretofore, had, made, or suffered only except and fore-prised..)
And further the said R. T. covenanteth &c: That he the said R. T. For further Assurance. and I. his wife, and the Heirs of the same R. and all and every other person and persons, which lawfully have or shall, or may lawfully claim to have any lawfull Right Title Interest or Estate, of, in, or to the above bargained Premisses, or any part therof, by or from the Estate Interest or Right of the said R. shall and will at all times during one year next coming, upon every reasonable request, and at the costs and charges in the Law of the said I. his Heirs or Assigns, do, make, knowledge, and suffer, and cause to be done, made, knowledged, and suffered, all and singular such lawfull and reasonable act and acts, thing and things, with warranty only against the said R. T. and his Heirs, or otherwise without warranty: As by the said I. L. his Heirs or Assigns, or his or their Councell learned, shall be lawfully devised, or advised, of and for all the said above bargained Remainder or Reversion of all the said third part, of all and singular the above bargained Premisses, and every part therof to be had and conveyed to the said I. L. his Heirs and Assigns, for their own use for ever: So as the said R. and I. for any such assurance to be made or had, shall not be enforced or compelled to travell out of the City of L. And it is covenanted, conclude agreed and condescended by and between the parties to these presents, and every of them. And the said R. T. for him his Heirs and Assigns, doth covenant conclude agree and condescend by these presents, that all and every Estate and Estates, Fine and Fines, Recovery and Recoveries, Conveyances and assurances now had and made, or hereafter to be had or made of the said bargained Premisses, or any part therof, by the said R. T. or his Heirs, shall for ever be, and be d [...]emed, judged and taken to be, to and for the only use and behoof of the said I: L▪ and the Heirs and Assigns of the same I: L: for ever. And that all and every other person and persons that now is, or that hereafter shall be seised of and in the Premisses, or any part or parcell therof, for and to the use of the said R: T. shall from henceforth stand and be seised of the Reversion and Reversions, Remainder and Remainders of the same Premisses, and every part therof, to the only uses [Page 201] Intents limitations and purposes mentioned and specified in these presents, and to none other use or uses, intent or purpose whatsoever.
A Bargain and Sale of an Annuity by him that hath the Grant therof from another, under a Condition.
THis Indenture &c. between &c. witnesseth, That wheras A. B. of &c. hath granted to the said A. B. one annuity or yearly Rent of 10 l. of &c. issuing out of all the Lands and Tenemens of the said W. in E. aforesaid, or elsewhere in the County of O. yearly to be paid to the said A. B. his Heirs and Assigns for ever; As by a pair of Indentures therof made between the said W. on the one party, and the said A. on the other party, bearing date &c. more plainly and at large doth appear.
In which Indentures there is a Proviso and Condition contained; Proviso. That if the said W. his Heirs &c. do pay &c. to the said A. his Executors &c. the sum of 100 l. of &c, at the end of ten years mentioned in the same Indentures; That then and from thenceforth the said annuity and yearly Rent shall clearly cease and be no longer paid: As by the tenor of the Proviso and Condition aforesaid, contained in the said former Indentures will also appear.
Now the said A: B: for and in consideration &c. hath given granted assigned and set over, and by these presents doth give grant assign Grant. and set over to the said C: D: &c the said annuity and yearly Rent of ten pounds aforesaid, and all the Estate Right Title and Interest of the said A. and his Heirs and Assigns in and to the same: And all Right Title Interest Power and Authority, to take Distresse and Distresses therfore, and for any part therof, as fully and freely as the said A, might or could do. And also the said sum of 100 l. and every part therof, if it happen to be paid, and all the right title claim and interest which the said A. hath or may have in and to the same. And in and to every or any part therof: To have hold perceive receive Habendum. and enjoy the said annuity and every part therof: And the said 100 l. and every part therof to the said A: his Heirs and Assigns for ever, to the use &c.
A Bargain and Sale by a Co-heirs Son and Heir, of his preparty in certain Land.
THis Indenture &c. between F. C. of &c. Son and Heir of M. C. one of the Daughters and Co-heirs of R. T. of S. in the County of G. Esquire, deceased, on the one party, and N. M. of &c. on the other party, witnesseth, That the said F. C. for and in consideration of the sum of 220 l. of &c. wherof &c. hath given &c. And by these presents, doth give grant bargain and sell to the said N. M. and his Heirs for ever, all that part and pre-party of the said F. of and in all and singular those Messuages Lands Tenements Rents Reversions and Hereditaments, scituate lying and being in B. in the County of C. now or late in the severall Tenures of &c. And also all and singular Mannors Messuages Lands Tenements Rents Reversions Services Courts, Perquisites of Courts, and Hereditaments whatsoever, and parts and preparts of all and every Messuages &c. which the said F: C: now lawfully hath, or ought to have of any Estate whatsoever, in B. aforesaid, or elsewhere in the County of C. And the Reversion and Reversions, Rents Issues and Profits of all and singular the Premissos: And all and singular Deeds Evidences and Writings, only touching the Premisses or only any part therof: As many of which said Deeds &c. as the said F. C hath in his custody, or that be in the custody of any other, by his consent or delivery, which he may get and come by without suit in the Law, He the said F. for him &c. covenanteth &c. well and safely to deliver, or cause &c. to the said N. his Heirs Executors or Administrators, at the now Mansion house of &c. at or on this side &c. To have and to hold all and singular the Habend. said Messuages Lands Tenements Rents Reversions and Hereditaments and all and singular other the Premises, with their appurtenances, to the said N. M. his Heirs and Assigns for ever, to the only use and behoof of the said N: and of his Heirs and Assigns for ever.
And the said F. C: for him, his Heirs Executors and Administrators, Covenants seised in Fee-simple or Fee-tail. and every of them Covenanteth &c. in form &c. that is to say, That he the said F. C. now is, and standeth lawfully sole seised of a good, perfect, absolute and rightful Estate in Fee-simple or Fee-Tayle in possession, or in Reversion expectant upon the determination of Lease or Leases for term of years of, and in Messuages, Lands, Tenements and Heredit, or parts and preparts of Messuages Lands, Tenements and Hereditaments, scituate lying and being in B. aforesaid in the said County of C. or within three miles distance therof in the same County, to the clear yearly value of 7. l. or there about as the same are now letten and demised. And that he the said F. C. and M: now his wife on this To levy a Fine. [Page 203] side the said &c. shall in due form of Law, and according to the ordinary manner of Fines knowledge and levy one fine with proclamation according to the due form and course of Law in the said County of C. unto the said N. M. and his Heirs, of all and singular the Messuages, Lands, Tenements, Reversions and Hereditaments aforesaid, or of all their part and prepart of the same as shall be requisite and agreeable to their estate with such, and so many terms, and words of course as shall be sufficient to convey in the same Fine all the premisses, and the same to pass with warranty against all men.
And also that all and singular the above bargained premisses now To discharge of Incumbrance. are and from henceforth shall stand, and continue clearly and freely acquitted and discharged▪ or otherwise from time to time, at all times sufficiently saved harmless by the said F. &c. of & from all and singular former Bargains, Sales, Grants, Leases, Recognisances Statutes, Jointtures, Dowers, Rents, Arrerages of Rents, Fines, Amerciaments Estates Titles, Charges and Incumbrances whatsoever, the Rents and Services hereafter to be due to be paid and done for the premisses to the chief Lord and Lords of the Fee therof; and all Leases for term of years made Exceptions. only of the Moiety, or one halfe of the said Bargains, Premisses, or not of any more then one Moiety therof, and not exceeding twenty years now next to come, only except and foreprised. And further, that the above bargained premisses are, and shall, or lawfully for ever The yearly value. may be, and continue to the said N, M. his Heirs and Assigns, of the said clear yearly Rent and value of 7 l. over and above all yearly charges and reprises; and moreover that the said F. C. and his Heirs Further assurance. from time to time at all times, during the space of seven years next ensuing at and upon every reasonable request, and at the costs and charges in the Law, only of the said M. his Heirs Executors or Assigns, shall, and will, do, make, knowledge, suffer and Execute, and cause &c. all and singular such lawful and reasonable act and acts, thing and things in the Law for the further assurance, conveyance, surety, and sure making of all and singular the above bargained Premisses to be conveyed and made sure to the said N. M. his Heirs or Assigns for ever to the only use &c. as by the said N. M. his Heirs or Assigns, or by his or their Councel learned in the Laws of this Realm shall be reasonably and lawfully devised or advised.
And that all Assurances and Coveyances whatsoever had, made, or To lend the use. suffered, or to be had, made, or suffered by the said F. C. and M. his wife, or either of them, his, her, or their Heirs or Assigns to the said N: M: his Heirs or Assigns, or to any other person or persons shall be and enure to the only use and behoof of the said N. M. his Heirs and Assignr for ever, and to none other use, intent or purpose. And For quiet Enjoyment. also that the said N. M. his Heirs and Assigns, shall or may from [Page 204] henceforth have and hold all and singular the above bargained Premisses, and lawfully and quietly have, take, perceive, receive and enjoy all the Rents, Issues and Profits therof for ever, without any Let, Trouble or Impediment of the said F. C. or his Heirs, and without any lawful Let, Trouble, Impediment or Eviction of any person or persons, having or which shall have, or claim to have any estate, right, title or interest, in, or to the Premisses, or any part therof, by or from the said F. C: or R. T. or any of his or their Ancestors whatsoever. And the said N. M. Covenanteth &c. That he the said N: or his Executors upon reasonable request shall and will pay and allow to the said F: C: all such ordinary charges as the same F. shall necessarily expend and lay out for the knowledging and passing of the said Fine, so by the said F: and his wife to be knowledged as abovesaid. In witness &c.
A Bargain and Sale of a Rent-charge.
THis Indenture &c. between E: P: Lord M. on the one party, and I: L: &c: on the other party witnesseth, That wheras the said Lord M: is seised in Fee-simple or Fee-tail, of one Rent-charge of 50. Marks by the year, issuing and coming and to be received and taken out of the Mannor of S: and divers other Messuages Lands and Tenements in S: in the County of B payable yearly at the Feasts of Saint Michael the Arch-angel, and Easter, by even portions, and of one rent Note the Councel thought best not to recite the said Deed, so that it might be lost and so the purchasor should be in perill to loose this Rent charge. Note also that this Annuity might be claimed by prescription, for that the Lord M. and his Ancestors have been seised as it a 100. years. of 100 s. Nomine poene, to be paid as often as the said rent of 50. Marks in pa [...]t or in all, shall be unpaid by the space of four months next after any day of payment of the same, likewise issuing and coming, and to be received and taken out of the said Mannor and other the Messuages Lands and Tenements in S. aforesaid, with authority and power to dist [...]ain for the said rents and the arrerages of the said rent of 100 s. in the said Mannor Messuages Lands and Tenements, and being also seised in Fee-simple, of the Mannor of I: in the County of H: with the appurtenances.
Now the said E: P. Lord M. for and in consideration of the sum of 400 l. &c. wherof &c. Hath bargained and sold, given and granted, and by these presents, doth fully clearly and absolutely bargain sell give and grant unto the said I: L: all that the said Mannor of I. and all Messuages Lands Tenements Rents Reversions Services and other Hereditaments, with all and singular their appurtenances, parcell of or belonging unto the said Mannor, or reputed, accepted, or taken, as part, parcell, or member of the same, scituate, lying and being, coming, growing, and renewing, in the said County of H. or elsewhere. And all that the said Rent▪charge of 50. Marks, issuing and [Page 205] coming out of the said Mannor of S. and other Lands and Tenements in S. aforesaid. And also all that the said Rent of 100 s. Nomine poene, for non-payment of the said yearly Rent of 50. Marks to be received and taken out of the said Mannor, and other Messuages Lands and Tenements in S. as is aforesaid. And all other Rents Duties and Profits Advantages Rights Actions, Suits Duties Commodities and Demands, that the said Lord M. hath or ought to have, of, or in the said Mannor of S. Messuages Lands and Tenements, or issuing or coming out of the said Mannor Messuages Lands and Tenements in S. with all and singular their appurtenances, or any part therof. To have and to hold, perceive, levy take, and enjoy all and singular the said Habendum. Rent of 50. Marks yearly, and the Rent of 100 s. Nomine poene, and all other Rents Duties Profits Advantages Commodities and Premisses out of S. as is aforesaid, before bargained and sold, or mentioned &c. by these presents▪ to the said I. L. his Heirs and Assigns for ever, to the only use and behoof of the said I: L: his Heirs and Assigns for ever And to have and to hold the said Mannor of I. Lands Tenements and other the Premisses therunto belonging or reputed, accepted, or taken, as part parcell or member of the same, with their appurtenances, unto the said I. L. and his Heirs, for and during the naturall life of one K: H.
And the said E: Lord M. for the consideration aforesaid, hath also bargained, sold, given, and granted; And by these presents &c. unto the said I: L: all the Deeds &c. concerning the said The Mannor is assured in consideration that K. H. hath as-surance of 30 l. a year out of the said Rent-charge of 50. Marks, that out of this Mannor Mr L. might have 30 l. a year in lieu therof, the which hee receiveth upon a Lease that the Lord M. taketh of this Mannor from Mr. L. Rents Profits &c. in S: aforesaid, or any of them; all which or as many &c. A Covenant that the Lord M: is lawfully seised in Fee-simple, of the Mannor of I: and in Fee simple or Fee-tail, of the Rent-charge and 5 l. Nomine poene, without any Reversion or Remainder in the Queen; And hath full power to convey the same to I: L. as aforesaid, and that the said Rent-charge is of the clear yearly value of 50. Marks of &c. over and above all Charges, Deductions, and Reprises: And of the same clear yearly value, shall or may continue to the said I: his Heirs and Assigns for ever. And also that the said Mannor of I: and other the Premisses therunto belonging, be, and shall be or may continue to the said I: his Heirs and Assigns, for the term of the life of the said K. H: according to the tenor and true meaning of these presents, of the clear yearly value of 30 l. of &c. over and above all Charges and Reprises.
And also the said E: Lord M: covenanteth with the said I. L: &c. That as well the said I: L. his Heirs Executors and Assigns, in respect of the premisses, as also the said Mannor of I: shall or may from henceforth continue, remain, and be, unto the said I: L. his Heirs and Assigns, for and during the life of the said K: And also the said Rent and Penalty shall or may be and continue to the said I. L: his Heirs and Assigns, fully and clearly &c. or otherwise saved harmlesse of and from [Page 206] &c. had, made, done, or committed by the said Lord M. or by any other person or persons, at or before the ensealing of these presents, one grant of 30 l. per annum, made of part of the said rent of 50. Marks to the said K. holden for term of her life, and the chief Rents and Services of the said Mannor of I: to the chief Lord of the Fee therof, and all Leases for term of years, or lives and Copy-hold Estates heretofore made, wherupon the old and accustomed rent, or more is reserved, or shall be payable yearly during the said Leases and Estates to the said I▪ L: his Heirs and Assigns. And all and singular such Charges and Incumbrances, by all which the said Mannor of I: shall not be This generall Exception was part inrespect of Fees and Penti [...]ns, and such other petty charges as are paid to Officers made of lesse value then of 40 l. by the year, only excepted and fore-prised.
And further the said E: Lord M: covenanteth &c. That he the said Lord M. and his Heirs, and the right honourable Lady E: now his wife, and all and every other person and persons, having, or that hereafter shall or may lawfully have or claim any Estate or Interest in the said Rents and other the premisses out of S: aforesaid, or any part therof, other then the said K: H: for her said rent or sum of 30 l. during the term of her naturall life, at the reasonable request costs and charges in the Law &c. A Covenant for further assurance.
And the said Lord M: doth further covenant &c. That he the said Lord M. and the said honourable Lady now his wife, shall for more assurance &c. A Covenant for levying a Fine to the said I: L: both for the Mannor of I: and the Rent-charge of 50. Marks and 5 l. Nomine poene. And it is agreed and granted between the said Lord M: and I: L: for them their Heirs and Assigns: That the said Fines so to be levied as aforesaid, from and after the ingrossing therof, shall be to the only use hereafter expressed: And that the said I: L: his Heirs and Assigns, and all and singular other persons and their Heires and Assigns, shall stand and be seised of and in all the said Premisses, to the same uses: That is to say, Of and for the said rents and other the premisses out of S: to the only use and behoof of the said I: L: and of his Heirs and Assigns for ever: And of and for the said Mannor of I: with the appurtenances, to the use of the said I: L: and of his Heirs and Assigns, for and during the term of the naturall life of the said K: H: and after her decease to the only use and behoof of the said Lord M: and of his Heirs and Assigns for ever: In witness &c.
A Bargain and Sule of a Reversion or Remainder in Land well passed.
THis Indenture &c. between E: R: &c. Son and Heir of P: R: deceased, late the wife of I: B: Esquire, Father of the said E. and Daugh [...]r and Heir of R: W: &c. deceased, on the one party, and R: S: &c. and Recitall of the estate for life, of the present possessors. [...] L: &c. on the other party, witnesseth, That wheras the said R: S: and A: his wife, sometimes the wife of the said R: W: are now lawfully seised in their Demesne as of Free-hold, as in the right of the said A: for and during the naturall life of the same A: of and in the Mannor of B: &c. with the appurtenances, and of and in all and singular Lands Tenements Medows Pastures Feedings Woods Under-woods Rents Services Profits and Hereditaments, with their appurtenances, to the said Mannor belonging or appurtaining, or accepted &c. scituate lying and being &c. And of and in all that Messuage or Tenement &c. And also of and in one peice of Meadow &c. the Reversion or Remainder, Reversions or Remainders of all and singular which Premisses, with the appurtenances, and of every part and parcell therof now lawfully is, or are to the said E: R. and his heirs belonging.
The said E: R: for and in consideration of the Sum of &c. wherof &c. hath aliened granted bargained and sold, and by these presents doth clearly and absolutely grant, alien &c. unto the said R: S: and The Bargain. I. L. their heirs and assigns for ever, the foresaid Mannor Messuages and peice of Meadow, and also all and singular other the Premisses with the appurtenances.
And Moreover, all that the Mannor of B. &c. with all the Rights, Members & Appurtenances therof; And all those sixteen acres &c. and all and singular Messuages, Houses, Edifices, Tofes, Cottages, Mills, Lands Tenements, Medows, Feedings, Pastures, Rents, Reversions, Services, Rent-charge, Renseck, Rents reserved upon whatsoever Demises or Grants, Annuities, Annual Rents, Farms, Fee-Farms, Waters, Piscaries, Fishings, Woods, under-Woods, Firrs, Heath, Moores, Mar [...]hes, Commons, Wayes, void Grounds, Courts-Leets, Perquisites and Profits of Courts and Leets, Views of Frankpledge, and all things to Court-Lees and Views of Franckpledge belonging or hereafter belonging, Bond-men, and Bond-women and Villaines with their Sequels, Knights fees, Wards, Marriages, Escheats, Reliefs, Heriots, Goods and Chattels, Waied, Profits, Commodities, Emoluments and Hereditaments whatsoever, with all and singular their app [...]rtenances, scituate, lying or being in the Towns, Fields or Hamlets, of &c. to the said Mannor of B. belonging or appurtaining, or as Members, Parts or parcels of the same Mannor, being had, known, accepted, used, reputed, demised, or letten, and the Reversion and Reversions, Remainder, [Page 208] and Remainders of the aforesaid Mannor &c. and of all and singular other the Premisses with their appurtenances, and all and singular other the Mannors, Messuages, Lands, Tenements, Reversions, Remainders, Rents, Services and Hereditaments whatsoever, which the said E. hath or ought to have, or at any time heretofore had within the said County of K. and also all the right, title, interest, reversion, remainder and demand whatsoever which the said E. hath or ought to have, or at any time heretofore had, of, in, or to the said Mannor, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses, with all and singular their appurtenances, and all and singular Letters Pattents, Deeds, Evidences, Charters, Wills, Writings, Court-Rools, Writings. Terrors and Mynuments whatsoever touching or concerning the premisses with the appurtenances, or any part therof, so many wherof as now be in the Possession or Custody of the said E. and which he may lawfully come by without Suit in the Law, the said E. for him &c. Covenanteth &c. to deliver or cause &c. to &c. before the Feast &c. unhurt, uncancelled and undefaced, to have, hold and enjoy the aforesaid Mannor of B. &c. and all and singular the aforesaid Messuages, Habend. Covenant for discharge of Incumbrances. &c. unto the said R. S. and I L▪ their Heirs and Assigns to the only use and behoof of the said R. and I. and of their Heirs and Assigns for ever. And the said E. R: for him, his Heirs Executors and Administrators, and every of them Covenanteth &c. to and with the said R and I. and either of them, and the Heirs Executors Administrators and Assigns, of them; and of either of them by these presents. That all and singular the premisses, with all and singular the appurtenances, and every part and parcel therof now be, and at all times hereafter, and from time to time shall be and continue unto the said R. and I. their Heirs and Assigns clearly acquitted, exonerated and discharged, or well and sufficiently saved harmless by the said R. his Heirs Executors or Administrators, of, and from all and singular Feoffments, Bargains, Sales, Gifts, Grants, Leases, Wills, Annuities, Rent, Charge, Arrerages of Rent, Bonds, Statutes, Recognisances, Morgages, Judgements, Executions, Titles, Charges and Incumbrances whatsoever, had, made, done, or agreed unto by the said E. P. R. his Mother, and the said I. R. his Father, or any of them, or by the means, assent, consent, or procurement of them, or of any of them, or hereafter to be made, done, or agreed unto by the said E. (the chief Rents and Services from henceforth to grow due for the premisses to the chief Lord or Lords of the Exception of the chief rents and the estate for life. For further assurance. Fee or Fees therof and the said estate, interest of the said R. C. and A. for, and during the term of the natural life of the said A. only except and foreprised.) And the said E. further Covenanteth &c. That he the said E. and M. now his wife, and either of them, and the Heirs of the said E. R. and the Heirs of the said E. R. and the said I. R, and all and singular person or persons whatsoever, which have or shall, or [Page 209] may lawfully claim to have any lawfull right, title, interest or estate, of, in, or to all and singular the premises, or any part therof, by, from or under the estate, interest or right of the said E. R. P. R. and I. R. or any of them shall and will at all times, and from &c. during three years next ensuing the date of these presents upon reasonable request and costs and charges in the Law of the said R. &c. do make, knowledge and suffer &c. and cause all and singular such lawful and reasonable act and acts, thing and things with warranty only against the said E. R. and P. R. and J, R. every of them their Heirs and Assigns, and the Heirs and Assigns of every of them or otherwise without warranty, be it by Fine, Feoffment &c. for the assurance, coveying and sure making of all and singular the premisses with the appurtenances, and every part therof unto the said &c. to the use of the said &c. according to the intent of these presents, as by the said &c. or his or their Councel learned shall be lawfully and reasonably devised or advised.
And it is Covenanted, Concluded and Agreed by, and between the Agreement that all assurances shall be to the use of the Vendees. the said parties to these presents and every of them, for his Heirs and Assigns, doth Covenant, Conclude and Agree by these presents, That all and every estate and estates, fine and fines, recovery and recoveries, conveyances and assurances now had and made, or hereafter to be had or made of all and singular the premisses, or any part therof by the said E. R. and M. his wife, and the said I. R: or any of them, or by the Heirs of &c. other then the estate of the said R. S. and A. for the term of the life of the said A. shall for ever be, and be deemed, judged and taken to be, and by these presents is and are expressed, limited and declared to be intended and mentioned to be, to and for the only use and behoof the said R. S and I. L. and of their Heirs and Assigns for ever. And that all and every person and persons that now is or, or are, or that hereafter shall be seised of and in the premisses with the appurtenances, or any part therof by force or means of any of the same estates, fines, recoveries conveyances or assurances, except before excepted, shal from hencefroth stand & be seised of all and singular the premises with the appurtenances of every part and parcel therof to the only use and behoof of the said R. and J. and their Heirs and Assigns for ever, and to none other use or uses, intent or purpose whatsoever.
And moreover the said E. R. Covenanteth &c. That he the said E. Seised of the immediate Reversion and in Fee &c. at the time of the Ensealing and Delivery of these presents, is lawfully and perfectly seised of, and in the immediate Reversion or Remainder of the said Mannor &c. immediatly Expectant or Dependant upon the said Estate for term of the natural life of the said A. of a good, perfect, absolute, lawful ann indefeisable estate in Fee-Simple to the only use of the said E. and of his Heirs and Assigns for ever, without any Reversion or Remainder therof, or of any part therof being in our said Soveraign Lord the King his Heires or Successors; and that the said [Page 210] Reversion or Remainder of all and singular the premisses with the appurtenances, and of every part therof, by, and after the decease of the said P. R. did lawfully and rightfully descend and come to the said E. as Son and next Heir of the said P. R. by right of Inheritance according to the Laws of this Realm. And that he the said E. hath good Authority to sell &c. lawful, and rightful title, and absolute and perfect Power and Authority to Grant and Alien, Bargain, Sell, Convey and Assure all the said reversion or reversions, remainder or remainders of all and singular the premisses, with all and singular the appurtenances in manner and form aforesaid unto the said &c. their Heirs and Assigns to the only use &c. according to the tenor and true meaning of these presents. In witness &c.
A Bargain and Sale of Land upon Condition for payment of a sum of money.
THis Indenture &c. Between I: I: &c. on the one party, and G. J. &c. on the other party witnesseth, that the said J. J. for, and in consideration of the payment of the several sums of money here under mentioned according to the tenor and purport of these presents to be paid; Hath granted, bargained and sold &c. unto the said G. his Heirs and Assigns, under the condition hereafter in these presents specified, all that his Water-Mill &c. to have &c. to the said J. his Heirs and Assigns for ever, to the only use of &c. upon, and under the Condition following and not otherwise; that is to say, That he the said G. his Heirs Executors Administrators or Assigns▪ shall pay &c. the sum of &c. in form &c. viz. on the last day &c. Provided alwayes, and it is Proviso. agreed between the said parties to these presents for themselves their Heirs and Assigns, and every of them by these Indentures. That if default shall be made of, or in payment of the said 50 l. or any part therof contrary to the form in these presents above limitted, that then and at all times, from and after any such default made of the said sum of 50 l. or any part therof. These present Indentures, and the Grant, Bargain and Sale therby made of all and singular the premisses and also the Inrollment and Record therof shall be utterly void and frustrate,, and that then and at all times from thenceforth it shall and may be lawful and to and for the said I J. his Heirs and Assigns into the said &c. to reenter, and the same to have again as in the former estate of the said J. & that then all and every person and persons that now be or that then shall be seised of the said &c. shall therof and of every part and parcel therof stand and be seised to the only use of the said J, his Heirs and Assigns for ever, and to none other use, intent or purpose whatsoever. This Indenture &c. to the contrary &c. and the said J, J. doth Covenant [Page 211] &c. in form. &c. that he the said J. his Heirs Executors or To discharge of incumbrances. Administrators shall and will from time to time and at all times from & after payment made of the said sum of 50 l. according to the purport and true meaning of these presents at his and their own costs and charges, discharge or sufficiently save and keep harmless as well the said G. his Heires Executors and Administrators, and every of them, as the said Mill &c. and of and from all and singular former bargains &c. heretofore had, made done or committed, or hereafter to be had, made, done or committed by the said J, or any other person or persons by or through his means, title or procurement in any wise. And For further assurance. furthermore, that at all times, and from time to time during the space of one whole year next after such full payment so made of the said sum of 50 l. so made to the said J. &c. he the said I, and I. his wife, and the Heirs of the said I. and all and every other person and persons which shall lawfully have or claim any thing of in or to the premisses or any part therof by from or under the said J. or by or under his estate, right or interest upon reasonable request, and at the costs and charges in the law of the said G. and of his Heirs and Assigns shall and will do, knowledge, and suffer to be done, within the Cities of London and Westminster, all and every such further and reasonable act and acts, thing and things with warranty only against the said I. &c. and his Heris as shall be lawfully and reasonably devised or advised by the said G. &c. for the conveying and assuring, and for the sure making of all and singular the premisses to be had and made sure to the said G. his Heirs and Assigns for ever without any condition. And further that he the said I. his Heirs Executors or Administrators upon every payment made of the several payments aforesaid shall and will make or cause to be made and delivered as his or their Deed to the person or persons that shall make any such payment, one sufficient Deed of acquitance, testifying the payment and Receit of every such sum of money so then paid. In witness &c.
A Bargain and Sale of Goods with Condition for redemption.
THis Indenture &c. between &c. witnesseth, That the said I. G for and in consideration of the Sum of 40 l. of &c. the receipt &c. Hath bargained sold, given and granted, and by these presents▪ doth bargain sell give and grant unto the said I. H. one silver Tankard &c. All which Plate afore-mentioned, the said J. G. hath, at and before the ensealing hereof, delivered into the hands and possession of the said J. H. To have and to hold the said silver Tankard, and all other the Goods and Chattels whatsoever, above by these presents bargained [Page 212] and sold, given and granted, or mentioned, or intended to be by these presents bargained and sold, given and granted, and every part therof unto the said I. H. his Executors Administrators and Assigns, to his and their own proper use for ever, freely as his and their own [...]roper Goods. And the said I. G. hath put the said I. H. in full possession of all the Premisses, by delivery of the said silver Tankard, parcell of the Premisses, in the name of a full possession of all the residue of the Premisses, Goods, and Chattels whatsoeuer.
Provided alwaies, and upon this Condition following; viz. That Proviso. if the said I. G. his Heirs Executors or Administrators, do well and truly pay or cause to be paid unto the said I. H. or to his certain Attorney, his Executors Administrators or Assigns, at or in the now dwelling house of the said I. H. scituate in C. aforesaid, the Sum of 40 l. of lawfull money of England, in manner and form following; viz. &c. That then this Indenture to be void: But if default be had or made in payment of the said 40 l. in part or in all, contrary to the manner and form aforesaid; That then this present Indenture to stand in full force and effect.
And the said I. G. for him his Heirs Executors and Administrators, For quiet enjoyment in case of non-payment. doth covenant and grant, to and with the said I. H. his Executors Administrators and Assigns, by these presents as followeth, viz. That in case the said I. G. his Executors or Administrators, shall make default in payment of the said 40 l. or any part therof, coutrary to the manner and form in the Condition before in these presents contained; Then the said I. H. his Executors Administrators and Assigns, shall and may for the consideration aforesaid, peaceably and quietly have hold and enjoy, to his and their own proper use for ever, the said silver Salt &c. and all the Premisses above by these presents bargained sold, and granted, or mentioned, or intended to be &c. and every part and parcell therof, with all and singular the appurtenances, without any lawfull let, trouble, expulsion, eviction, molestation, or deniall of the said I. G. his Executors or Administrators, or of any other person or persons whatsoever.
And also that he the said I. G. his Executors or Administrators, shall For payment of Money according to the proviso. and will well and truly pay or cause to be paid unto the said I. H. his Executors Administrators or Assigns, the said Sum of 40 l. &c. in manner and form as aforesaid, according to the true meaning of these presents.
And the said I: H: for him, his Executors Administrators and Assigns, For redelivery in case of payment. doth covenant and grant, to and with the said I. G. his Executors Administrators and Assigns by these presents, that he the said I. H his Executors Administrators and Assigns, shall and will immediatly after the receipt of the said 40 l. according to the true meaning of the Condition aforesaid, upon reasonable request well and truly re-deliver, [Page 213] or cause to be delivered unto the said I: G: his Executors Administrators or Assigns, the said silver Salt &c. which Plate the said I: H: received of the said I. G. at and before the ensealing hereof as aforesaid, in as good case as the same and every of them now are: In witnesse &c.
Another with Goods, &c. with some difference in the form.
TO all to whom these presents shall come &c. A. B. &c. Greeting, Know yee, That I the said A B. being in perfect understanding and in good memory, without fraud deceit or guile, for divers good and reasonable causes and considerations, me hereunto especially moving, having given and granted, and by this my present Writing have confirmed unto C. D. Widow, late wife of T. D. all and singular such Goods, Things, Implements, and Moveables, being in or about the dwelling house of me the said A. B. in the Parish of &c. contained and specified in a certain Schedule, subscribed by the proper hand of me the said A. B. To have and to hold the said Goods &c. as her proper Goods &c. for ever, freely, quietly, peaceably, and intirely, without any contradiction, claim, disturbance, or hinderance of any person whatsoever; and without any account to me, or to any other whosoever, to be made, answered, or hereafter to be rendred: So that neither I the said A. B. nor any other for me, or in my name, and any Right Title Interest or Demand, of or for the said Goods, Implements. Things, and moveables, or any part or parcell therof ought to exact, challenge, claim, or demand at any time hereafter; But from all Action Right Estate Title Claim Demand Possession, and Interest therof shall be wholly barred and excluded by force of these presents. And J the said A. B. my Heirs Executors and Administrators, all and Warran [...]y. singular the Goods, Things, Implements, and Moveables aforesaid, to the said C. D. her Executors and Administrators, against all people will warrant, and for ever defend by these presents; Of which Goods, Things, Implements, and Moveables, J the foresaid A. B. have put the said C. D. in full and peaceable possession, by giving and delivering Giving possession. of one penny of lawfull English money, which J gave and delivered at the sealing and delivery of these presents; In witness &c.
A Bill of Sale of Goods for payment of Debts.
TO all, to whom these presents shall come, T: H. of &c. sendeth greeting; Wheras J the said T. H: am indebted unto divers and sundry persons in divers great Sums of money: And wheras P. L. of &c. and H: D. of &c. have heretofore at my request entred into security for and with me the said T. H. and for my only debts due unto divers persons, as well for payment of money, as otherwise, wherof they are not as yet secured, discharged, nor freed. And wheras I the said T. H. am fully minded and determined as well hereby to secure and save harmlesse the said P. L. and H. D. of and for all and every such Sums and securities, as they or either of them stand charged or chargable withall, for or with me the said T. H. And likewise that they the said P. L. and H. D. shall and may duly and truly with the residue of the Goods Chattels and Cattell to them herein or hereby given, granted, and confirmed, or meant or mentioned to be herein or hereby given, granted, or confirmed, satisfie and pay all such Debts and Sums of money, as J am any way indebted or do owe unto any person or persons whatsoever. Now know yee, That J. the said T. H. for and upon the consideration afore specified, have given, granted, and confirmed, and by these presents, do give, grant, and confirm unto the said P. L. and H. D. all and singular my Goods, Cattell, and Chattels whatsoever, as well reall as personal, Money, Plate, Jewels, Houshold-stuff, and Implements of Houshold Leases, and term or terms of years whatsoever, of what name, na [...]ure, quality, or condition soever the same be, and in whose hands, custody, or possession soever the same be, or shall or may be found as well in the severall Counties of S. D. and R▪ or [...]lsewhere, within the Realm of England; To have and to hold the same unto the said P. L. and H. D. and their Assigns for ever, to and for the proper use and behoof of the said P. L: and H. D. and their Assigns, and to no other use, intent, or purpose whatsoever: Of which [...] Goods Chattels and Premisses, I the said T: H: have put the said P: L: and H: D: in full and peaceable possession, by the delivery to them of one peice of silver, at the time of the sealing and delivery of these presents; In witness, &c:
Of Goods and Chattels to a mans Son.
TO all to whom &c. R. Ʋ: of &c. Greeting. Know yee, that I the said R. Ʋ. as well for and in consideration of divers Charges, Expences, and Costs, which R: Ʋ: my Son hath had, sustained and been at, in the [Page 215] sustentation and maintenance of me the said R: and M: my wife, and of my House and Family; As also for divers other good causes and considerations me therunto especially moving, Have given and granted, and do give, grant, and confirm to the said R. Ʋ. my Son, all and singular my Goods and Cattell moveable and moveables, as well living as dead, of what kind or sort soever the same be, or whersoever they are, or in whose hands soever the same Goods or Cattell now are, or hereafter may be found. And all manner of Termes and Estates which I have in any Lands Tenements Possessions or Hereditaments to me before this time, by any person or persons demised, set, or to Farm-let, for term of life or years in L. aforesaid, and elsewhere, in the said County of C. And also I have given and granted to the said R. Ʋ. my Son, all and singular Debts and Sums of money whatsoever, which any person or persons, at the day of the making of these presents, doth, or do owe unto me by force of any Writing Obligatory, Covenant, Bargain, Sale, Contract, or otherwise, for any cause whatsoever,: To have, hold, use, and enjoy, all and singular the aforesaid Goods and Chattels, Estates, Terms, and Debts, and all other the Premisses whatsoever unto the said R. Ʋ. my Son, his Executors and Assigns, to the only use, benefit, and behoof of the said R. Ʋ. and his Assigns for ever: In Witness &c.
Indorsed,
Sealed and delivered the day and year within written, and a penny delivered in the name of the possession of the Goods and Chattels within granted, in presence of, &c.
A Deed of Gift referring to a last Will, with a Clause for power of Revocation.
BE it known to all men by these presents, That I R. H. of &c. for divers good causes and considerations, me moving, and namely for the setling and disposing of such Goods and Chattels as God hath blessed me withall, for the advantage and preferment of my wife and Children after my death, in such manner and form, as is hereafter, and in my last Will and Testament shall be mentioned, expressed, and declared: And for the preventing of questions and controversies that might arise or grow amongst my said Wife and Children touching the same, to their great losse and prejudice, if either I should not dispose therof in my life time, but leave them to the disposition of the Laws in this behalf, or else only bequeath the same by will, according as it is my speciall desire and mind that the same should go and be bestowed; Have given and granted, and by this my present Deed of Gift, do give [Page 216] grant and assign unto my well-beloved Friends R. H. Son, R. B. of &c. and T. B. of &c: all and singular my Leases and Terms of years, Plate, Money, Coine, And all and singular my Goods and Chattels, moveables and unmoveables, real and personal, of what name, nature, or quality soever, whersoever, or in whose hands or custody soever, or in what place or places soever they or any of them be, or by what means or title they are, or have been come unto me from or by E. H. deceased, my late Brother, or by my own means or industry, or otherwise by any waies or means whatsoever: To have and to hold the said Leases, Plate, Money, Coine, Goods, and Chattels, and every part and parcell therof to the said R: H: &c. their Executors and Administrators, to the use and behoof of my last Will and Testament, and to such uses, intents, and purposes, and under such Provisions and Conditions, and to the use and behoof of such person and persons, for such time and terms, and in such manner and form, as by my last Will and Testament shall be therof mentioned and expressed, limitted and declared; And to no other use, intent or purpose in any-wise.
And moreover know yee, That I the said R. H. have put the said R. H. &c. in full and quiet possession of all my said Leases, Plate, Money, Coyn, Goods, and Chattels whatsoever, by the delivery of 4 d. of currant lawfull English money unto the said R. H: the Son &c. in the name and by the way of possession, of all and singular the Premisses mentioned to be given by these presents. Provided, that if I the said R. H. at any time or times hereafter during my naturall life, shall Power of revocation. deliver or tender to be delivered unto the said R. H. the Son R. B. &c. or any of them, the sum of 12 d. of lawfull English money, therupon declared, that it is my will and mind, and with intent to make void and frustrate this present Deed, that then and from thenceforth this present Deed and Gift, and every clause, Article, and Branch therof or therin shall be utterly void and frustrate, and that then and from thenceforth, it shal be lawful for me the said R: H: again, To have, hold, enjoy and dispose of the said Goods▪ Chattels, and Premisses, and every part and parcell therof, according to my own will and pleasure, as freely and liberally as if these presents had never been had or made, any thing contained in these presents, to the contrary notwithstanding: In witness &c.
Bills of Sale and Deeds of Gift by Inden [...]ure.
THis Indenture &c. made between R. T. of &c. on the one party, and R. T. on the other party, witnesseth, That wheras the said R. T. hath heretofore given and bestowed to and amongst all his Children (other then the said R. T. his younger Son) a great part of all his Goods and Chattels, to and for their preferment in marriage, and [Page 217] otherwise: And hath also granted unto P. T. his eldest Son, a certain part and portion of his Messuage, Farm, and Tenement, for the preferment and maintenance of the said P. his wife and Family. And forasmuch as the said R. hath hitherto given or bestowed, little or nothing at all unto the said R. who being yet unprovided for, standeth in great need to have the residue of all his said Goods. Now the said R. not only for the causes and considerations aforesaid, but also to and for the end and purpose, that the said R. T. his Executors and Administrators, shall and may the better maintain, cherish and keep him the said R: and I. his wife, during the term of their naturall lives, with meat, drink, lodging, apparell, and all other necessaries, in such manner and form as hereafter in & by these presents is mentioned and expressed: Hath therfore given, granted, bargained and sold and by these presents doth fully, freely, clearly and absolutely give unto the said R. T. all and singular his Goods and Chattels, real and personal, moveable and unmoveable Debts, Sum, and Sums of money, Corn, Grain, Plate, Jewels, Implements of Husbandry, and Houshold, of what, sort, kind, nature, or condition soever the same be, or in whose hands, custody, or possession soever the same shall happen to be found within the Realm of England, together with all the increase, profit, and advantage therof, coming, growing, increasing, or arising; To have and to hold all and singular the said Goods &c. together with all the increase &c. to the said R. T. his Executors Administrators and Assigns, to the sole and proper use of him the said R. T. his Executors &c. for ever, as fully, freely, and in as ample manner and form, to every intent and purpose, as the said R. T. could, should, or of right ought to have, or enjoy the same, be it by Indenture, Deed, or otherwise. And the said R. T. in consideration therof for himself &c. doth covenant &c. to and with the said R. T. his Executors &c. by these presents, That he the said R: T: his Executors &c. shall and will from time to time, and at all times hereafter, for and during the naturall and severall life and lives of the said R: T: and J. his wife, maintain, find cherish, and keep the said R: and J: and either of them, with competent and sufficient meat, drink, and lodg [...]ng, apparell, washing and wringing, and all other things needfull, meet, and necessary for them, according to their degree and calling in every respect: In witness &c.
Covenants and Conveyances for setling of Lands by Fine, Recoverie, &c.
A Covenant for a Recovery by a Writ of Right Patent in London, to strengthen a Lease where the Land is Intailed.
BY Indenture tripertite &c. made between I. T. of L. Widow, and F. T. of L. Goldsmith, on the one party, and W. L. and W. B. of L. &c. on the second party, and W. B. Citizen and Mercer of L. on the third party; Reciting that where the said I. T. and F. T. by their Indenture of Lease dated &c. following the Reeltall to the end of the Redend. as by the said Indenture of Lease made between the said J. and F. on the one party, and the said W. B. on the other party, amongst divers other Covenants therin contained, more plainly and at large it doth and may appear.
It is now fully covenanted, granted, concluded, conditioned, condiscended▪ and agreed between the said parties to these presents, in manner and form following: That is to say, The foresaid J. T. doth by these presents surrender to the said F. T. her Estate in the said Messuage, Garden, and Premisses, upon condition that the same within two months next after the date hereof, be lawfully assured to the said I. for term of her life, without impediment of Wast, with Remainder therof, according to the tenor hereunder limited.
And the said F. T. doth covenant, promise, and grant, for him his Heirs Executors and Administrators, to and with he said W. L. W: B: and W. B: and every of them, their Heirs Executors and Administrators, and the Heirs Executors and Administrators, and of every of them by these presents, that for the better assurance of the said W. B. his Executors and Assigns, of, in, and to all the said Capitall Messuages or Tenements and other the Premisses to him demised as is aforesaid, for and during the said term of 21. years; The said F: T. shall permit and suffer the said W. L. and W. B. to pursue and bring the Queens Majesties Writ of Right Patent out of the Queens Majesties Court of Chancery, against the said F. T. to be directed to the Mayor and Sherifs of the City of L- upon which Writ of Right Patent, accordng to the cumstom of the said City of L. for passing of common Recoveries [Page 219] with Voucher, the said W. L. and W. B. shall demand against the said F. the Capitall Messuage or Tenement, and other the Premisses, by the name of one Capitall Messuage, and one Garden, with the appurtenances, scituate lying and being in B. Street neer B. Gate of L. unto which Writ the said F. by himself or by his sufficient Attorney shal appear, and upon defence shall vouch over to Warranty the common Vouchee, wherupon Recovery, Judgment, and Execution may be had, according to the course and order of common Recoveries, with Voucher used within the said City. And it is by these presents covenanted, granted, expressed, condescended, declared, and agreed between all and every the said parties, that they the said W. L. and W: B: and their Heirs, from and immediatly after Judgment and Execution in form aforesaid had, shall stand and be seised of all the said Messuage or Tenement and Garden, with the appurtenances, and every part therof and also the said Recovery therof shall be to the severall uses and intents hereafter in these presents mentioned, and to none other use or intent; That is to say, to the use of the said J: T. during her naturall life, without impediment of any manner of Wast, and after her decease to the use of the said F. T. and of the Heirs Males of his body lawfully begotten; And for default of such Issue, to the use of R. T. Citizen &c. and of the Heirs Males of his body lawfully begotten; And for default of such Issue, to the use of J. S. and of the Heirs of the said I. lawfully begotten; And for default of such Issue, to the use of the Right Heirs of the said F. T. for ever, and to none other use; In witness &c.
An Indenture tripertite for setling Lands upon a Marriage.
THis Indenture tripertite made &c. between Ran: Darenpart of the first part, and Rog: Wigston of Wolston &c. of the second part, then are six Feoffees of the third part; witnesseth, That for and in consideration of a Marriage, by the Grace of God, to be had & solemnized between Will: Da. Son and Heir apparant of the said Ran. Da▪ and Eliz. Wigton, eldest Daughter, and one of the Heirs apparant of the said Roger W: and for and in consideration that all and singular the Mannors Messuages Lands Tenements Rents Services Annuities Rectories Parsonages Advowsons and Hereditaments of the said R. D. may come, be, remain, and continue, to all and every person or persons, to whom the same or any of them hereafter are limited, of and in such Estate, under such Proviso Condition Limitation Restraint and Liberty, and in such manner and sort, as hereafter in these presents is likewise limited and specified, according to the true intent, purpose, and meaning of the said Ra. Da. and also of the said Roger W. It is covenanted, granted, concluded, [Page 220] and agreed by and betwixt all the said parties to these presents, and every of them with other by these presents, doth covenant &c. in manner and form following (that is to say) First the said R. D. for him his Heirs Executors and Administrators, and every of them, doth covenant, promise, and grant, to and with the said R. W. his Heirs Executors and Administrators, and to and with every of them by these presents, that before or at the fi [...]st day of M. next ensuing the day of the date of these presents, the said Will. Da. the Son, by the Grace of God, shall marry and take to his wife the said Eliz. Wig. if she the said Eliz. will therunto consent and agree, and the Laws Ecclesiasticall of the Church of England, the same will permit and suffer.
And the said R. VV. for him, his Heirs &c. doth covenant &c. to and with the said R. D. his Heirs &c. and to and with every of them by these presents, that she the said Eliz. VVig. before or at the first day of &c. by the Grace of God, shall marry and take to her Husband the said VV: D: if the same VV. will therunto consent &c. And moreover the sad R. D. for him his Heirs &c. doth covenant &c. to and with the said R. VV. his heirs &c. that he the said R. D. now is, and at the time of the making and executing of the first Estate, which shall hereafter be had or made to the said Gef: Shakerlax &c. then naming of the Feeoffees, of and in all and singular the Mannors Lands Tenements and Hereditaments of the said R: D: according to the Covenants in these presents comprised, shall be sole seised in his own right and to his own use and behoof as of Fee-simple, or Fee-tail, generall or speciall, without any condition or restraint of alienation, of and in all that the Capitall Messuage or Mannor house, with the Appurtenances, in Henbury, alias Henbury Pextall, in the said County of Chester, commonly called the Hall of Henbury, and of and in all and singular Lands Tenements &c. to and with the same Messuage or Mannor house, now or at any time heretofore, within the space of 40. years last past, usually occupied, and accepted, reputed, and taken, as the Demesne Lands therunto belonging, set, lying, and being in Henbury aforesaid. And also of and in one Water Corn Mill, with the appurtenances in Henbury aforesaid, commonly called &c. except the Estate of K. D. Mother of the said R: D: then fallow the grounds excepted, heretofore assured to and for parcell of the joynture of the said K. for term of her life; And also except the Estate of one R. D: of and in nine acres or therabouts, parcels of the Demesne of the said Mannor of Henbury, which he holdeth for term of his life; And also shall be sole seised in his own Right, of and in all that the Capitall Messuage or Mannor house; with the appurtenances in B. in the said County of Chester, commonly called the Hall of Oyts, and of and in all and singular Lands Tenements and Hereditaments, to and with the same Messuage, now or at any time heretofore, within the space of 40. years last past, usually [Page 221] &c. set, lying, and being in Bredbury aforesaid: And also of and in one Water Corn Mill, with the appurtenances in B: aforesaid commonly called &c.: And also of and in all those his Mannors of Bredbury, Romney, and Wryneth, with their Appurtenances. And moreover, of and in all that his Moyety of the Mannor of Becheton, with the appurtenances, in the said County of Chester; And also of and in the Reversion and Reversions of all and singular the Messuages Lands Tenements and Hereditaments, with their Appurtenances, heretofore assured, to and for the Joynture of the said K. Mother to the said R: D: for term of her life only, and expectant immediatly upon the death of the said K. And furthermore of and in all and singular other the Mannors Messuages Lands Tenements and Hereditaments of the said R: D: set, lying, and being in the said County of Chester.
And the said R: D: for himself his Heirs &c. doth covenant &c. to and with the said Roger Wigston, his Heirs &c. and to and with every of them by these presents, that all the said Mannors Messuages Lands &c. with the Appurtenances, covenanted to be assured, according to the true meaning of these presents, now be, and shall remain and continue for ever, of the ancient yearly Rent of &c. of lawfull &c. over and above all Charges and Reprises.
And the said R: D: for himself, his Heirs &c. and every of them, doth covenant &c. to and with the said Roger Wigston, his Heirs &c. and to and with every of them by these presents, that all and singular the said Mannors Messuages Lands Tenements, Reversions and Hereditaments, now are void, or clearly discharged, from time to time, at all times hereafter, shall be well and sufficiently saved harmlesse by the said R: D: his Heirs &c. of and from all and all manner of former Bargains Sales Gifts Grants Alienations Devises Intailes Joyntures Dowers Uses Leases Rent-charge Rent-seck Arrearages of Rents Annuities Recognizances Statutes-Merchant, and of the Staple, Iudgments Executions and Conditions Forfeitures Intrusions, and of and from all other charges titles troubles and incumbrances whatsoever, heretofore had, made, or done, or hereafter to be had, made, and done by the said R: D: or by any other person or persons, by his act, means, consent, or procurement, except the Rents-Customs and Services henceforth to be due to the chief Lord or Lords of the Fee or Fees therof. And also except the Dower and Title of Dower, of Mary now wife of the said R: D: of, in, or to the Premisses, or any of them: And also except all and singular Leases, not exceeding the term of three lives, or under, and all and singular Leases for the term of 21. years, or under, wherupon the ancient and usuall Rents or more be reserved, and shall continue payable during such term, wherupon the same be reserved to such person or persons, to whom the Reversion or Reversions therof, by these presents are appointed. And also except one Lease, Demise, [Page 222] or Grant heretofore made by the said R: D: to Tho: Dar: his younger Son, of one Messuage, with the Appurtenances in B: now or late in the occupation of R: M: and of the Lands Tenements and Hereditaments, to and with the same usually occupyed for the term of 100. years, to begin immediatly from and after the death of the same R: if the said T. so long shall live, wherupon the yearly Rent of 20 s. 8 d. is reserved, and yearly payable during that term, to the said R: D: and his Heirs. And also except one other Lease, Demise, or grant heretofore made by the said R: D: to &c. And furthermore the said R: D: for him his Heirs &c. doth covenant &c. to and with the said R: W: his Heirs &c. that he the said R. D. before the said first day of M: next following, after the day of the date of these presents (if the said Marriage be had and solemnized) by his sufficient Deed indented, shall well and sufficiently convey and assure by Feoffment, where Feoffment may be lawfully made, and by other assurance sufficient where Feoffment cannot be law [...]ully made to the said Geffery Shakerley &c. all and singular the said Mannors Messuages Lands Tenements Reversions Services Rents and Hereditaments, to the only and severall uses intents and behoofs, and under such Proviso Condition Limitation Restraint and Liberty, as hereafter in these presents be specified and limited, and to no other use, intent, or behoof, nor under any other Proviso Condition Limitation Restraint or Liberty (that is to say) of and in the said Messuage, with the Appurtenances, called the Hall of Oyte, and of and in all the said Lands Tenements and Hereditaments, to and with the same Messuage usually occupyed and reputed, and taken, as the Demesne Lands belonging to the said Messuage as aforesaid: And also of and in the said Water Corn Mill called &c. to the use and behoof of the said R. D: for and during all his naturall life, without impeachment of Wast, and after his death, to the use and behoof of Mary now wife of the said R: D: for and during all her naturall life, in name of part of her Joynture, and from & after her death, to the use and behoof of the said W. D. Son of the said R: D: for and during all his natural life, without impeachment of wast, and from and after his death to the use and behoof of the said Elizabeth Wigston, for and during her naturall life, and from and after her death, to the use and behoof of the Heirs Males of the body of the said W: D: the Son, upon the body of the said E: lawfully begotten, or to be begotten; And for default of such Issue, to the use and behoof of the Heirs Males of the body of the said William Darenpart the Son, lawfully begotten, or to be begotten, and for default of such Issue, to the use of the Heirs Males of the body of the said R: D. lawfully begotten or to be begotten, and for default of such Issue, to the use of the Heirs Males of the body of the said J. D: Father of the said R: D. lawfully begotten, and for default of such Issue, to the use of the right Heirs of the said R: D: for [Page 223] ever. And of and in all those Messuages, Lands &c. scituate, lying, and being in Bredbury B. at W: aforesaid, in the severall Tenures or Occupations of R: W: S: W: &c. (naming all the Tenements) then say, And the Rents and Reversions therof, to the use and behoof of the said R: D: for and during his naturall life, without impeachment of any manner of Wast; And after his death, then to the use and behoof of the said M: D: now wife of the said R: D: for and during &c. for and in name of her full and perfect Joynture, and in full recompence of all her Dower: And from and after her decease, then to the only use and behoof of the said W: D: and of the Heirs Males of his body, upon the body of the said E: lawfully begotten, or &c. And for default of &c. then to &c. of the Heirs Males of the body of the said VV: D: begotten, and &c. then to the use of the Heirs Males of the body of the said R: D: begotten, and for &c. then &c. of the Heirs Males of the body of the said J: D. the Father begotten, and for &c. then &c. of the said R: D. for ever.
And that all and every Estate Assurance Conveyance, to be had or made as aforesaid, of all those Messuages Lands &c. with the Appurtenances in Bredbury, Romney, VV: B. &c. in the said County of Chester, now or late in the severall Tenures or Occupations of VV: B: &c▪ rehersing all the Tenements names, then say, And of all the Rents and Reversions therof, shall be to the only use of the said R: D: running over the States aforesaid.
Provided alwaies, that if it shall happen the said VV: D. Son of the said R. D. to dye without Issue, either in life or Issue dead, or begotten and not born of his body, upon the body of the said Eliz. VVigston lawfully begotten, that then all and every the use and estate before limited, to the said Eliz. VVig. of all the said Messuages, Lands &c. shall cease and be void. And that then and from thenceforth, all the said Messuage &c. so to her limitted as [...]foresaid, shall be to the use of the said R. D. for and during all his naturall life, without impeachment of Wast: And from and after his death, to the use of the said VV. D. Son of the said R. D. and of the Heirs Males of his body lawfully begotten: And for default of such Issue &c.
Provided also that the said M. D. at all time and times after the death of the said R. D. within the space of three months next after, upon reasonable request to be made by the said VV. D. or by his Heirs Males, or by the said Eliz. VVig: or by any other person or persons, to whom any of the said Mannors, &c. are limited in Remainder as aforesaid, at his and their own costs and charges in the Law, shall do and suffer, or cause &c. all and every such reasonable Act, Thing, and Demise, for the releasing, extinguishment, and avoiding of all the Estate, and Title, of Dower of the said M. of, in, or to all and every of the said Mannors Messuages Lands &c. or any of them, as shall be reasonably [Page 224] advised or devised by the said W. D. or his Heirs Males, or by the said E. VV. or by any other of the said person or persons before named, in Remainder as aforesaid, or else all and singular the said use and estate before in these presents limited to the said M: as aforesaid, shall utterly cease, determine, and be void in the Law, any sentence, clause, matter, or thing in the said presents, in any wise expressed or contained, to the contrary in any wise notwithstanding. But the said M. shall not be compelled to travell out of the said County of Chester, for the making of any such assurance as aforesaid. And of and in all and singular other the Mannors &c. of the said R. D▪ wherof no certain use is before in these presents declared, to the only use of the said R. D. for and during all his naturall life, without impeachment of Wast: And from and after his death to the use of the said VV. D. the Son, and of the Heirs Males &c. And for default of such Issue to the use of the Heirs Males of the body of the said VV. D. the Son, lawfully begotten, and for default of such Issue, to the use of the Heirs Males of the body of the said R. D. &c. as aforesaid.
Provided also, and the true intent and meaning of these presents, and of all the said parties to these presents, is, that if the said VV. D. the Son, at any time during the life of the said E. VV. or after her death having any Issue Male in life, of his body upon the body of the said E. VV. lawfully begotten, continuing in life, shall at any time or times hereafter, by any open, publike, or overt Act or Deed, attempt, practise, or go about to bargain, sell, exchange, grant, give, or convey all or any of the said Mannors &c. to any person or persons, wherwith or wherby the said Mannors &c. or any of them, may or shall be discontinued, avoided, or altered in any other Mannors then in these presents is specified, that then and from thenceforth, all and singular the Estate Right Titie Use and Interest of the said VV. D. the Son, attempting &c. shall utterly cease [...]. as though the said VV. D the Son were already dead. And that then and from thenceforth all and singular the said Mannors so attempted &c. so to be discontinued &c. as aforesaid shall wholly come, be, and remain for and during all the naturall life of the sald VV. D. the Son, unto the next person and persons, to whom the same next after in and by these presents before are limited and appointed, in such and the same manner and sort as if the s [...]id VV. D. the Son were already dead, any sentence, clause &c. herein contained &c. And that then and from thenceforth the said Geff. S. &c. naming the Feoffees, and their Heirs, and the Survivor of them and his Heirs, shall stand and be seised, of and in all and singular the said Mannors &c. so attempted &c. to be discontinued &c. to the use and behoof of such person and persons▪ to whom the same before in these presents are limitted and appointed, in such and the same manner &c. as if &c. were already dead,
Provided &c. that it shall and may be lawfull, to and for the said R. D. at all and every time and times, during his naturall life; And also to and for the said VV. D. the Son, after the death of the said R. D. at all and every time and times, during his naturall life, to make such and so many severall Leases, Demises, or Grants, as either of them shall please, not exceeding the term of three lives, or 21. years, from the time of the making of any such severall Lease &c. of all and every, and of so many of the said Messuages, Lands &c. or such or so many therof, as any of them shall please, except the said Capitall Messuage called the Hall of Henbury, and the Demesne Lands therwith usually occupied, Oyte is excepted &c. And except so many of the said Messuage Lands &c. as before are assigned, for the Joynture of the said E. VV. wherof the said Tenement with the Appurtenances in the Tenure of the said Roger Locket, to be one as shall amount to the ancient yearly Rent of 10 l. so as upon every such Lease or Demise▪ there be duly reserved such and so much Rent yearly, or more, payable at two usuall Feasts of the year, as by the more space of 21. years, heretofore hath been reserved and paid, so as the said Rent may be paid yearly, during the said term, accordingly in such and the same manner and sort, to such person and persons to whom the Reversion and Reversions therof, according to the said severall uses before declared, shall appurtain.
Provided also, and the true intent and meaning of all the said parties, is, that it shall and may be lawfull to and for the said R. D. by his Deed or Writing, under his hand and Seal, subscribed in the presence of four persons at least, grant, limit, and appoint, and to discharge any of the said Premisses (except the Lands &c. appointed for the Joynture of the said Eliz. VV. with one Rent-charge or yearly payment of 40 l. with clause of Distresse yearly payable to such woman as the said R. D. shall hereafter take to his wife, for and in name of her Joynture, and for and during the naturall life of every such woman: And the true intent and meaning of all the said parties &c. This clause is, that the Feoffees shall stand seised, and shall distrain according to such Deed or Writing. Then comes in a Proviso that R. D. may charge any of the Premisses, with an Annuity or Rent-charge for any Son herefter to be begotten.
Provided likewise, and the true intent &c. that it shall and may be lawfull to and for the said R. D. to charge any of the said Premisses, except the said Messuages, Lands &c. before appointed for the Joynture of the said Eliz with any Annuity or Rent-charge of 6 l. 13 s. &c. yearly payable at two usuall Feasts in the year, to every of the Sons which he shall hereafter beget on the body of the said Mary his now wife, or of any other wife, or wives, and of the same Annuity or Rent-charge, to make any Grant or Grants by his Deed or [Page 226] Deeds to every of his said Sons hereafter to be begotten with usual and sufficient clause or words of distress and sum of money (Nomine poene for non-payment therof, or of any part therof the same to be yearly paid at two or more Feasts in the year at the will and pleasure of the said R. D. the same Annuitie or Annuities, &c. to commence and begin only after the death of the said R. D. and to have continuance severally only for and during the several natural lives of the said several Son or Sons of the said R. D. so hereafter to be begotten.
Provided furthermore, and the true intent &c. that it shall and may be lawful to and for the said W. D. the son to charge any of the said Premisses (except the said Messuages, Lands &c. before appointed for the Joynture of the said Eliz. W. with several Annuities or yearly Rents, charges of the sum of &c. for the several preferment of every of his younger son or sons for and during the several naturall life or lives of every such sons with clause of distresse nomine poene.) Provided also, and it is further concluded &c. that if it happen the said R. D. to die, having at his death one only daughter of his body lawfully begotten, the same daughter not married before the time of his death or one only daughter being married in the life time of the said R: D: and any part of her marriage money at the time of his death unpaid, that then for the advancement and preferment of such daughter, if the said R: D: by any Act, Deed or Word so shall appoint in his life time the said W: D: the son, and the Heirs Males of his body, and for default of such issue, then every other person intitled to have the possession of the said Capital Messuage called the Hall of Henbury by vertue of any limitation, or by reason of any Use declared in these presents shal truly pay, or cause to be paid to such only daughter, her Executors or Assigns the full sum of 40 l. of &c. yearly at, in, or upon the 20th. day of July, and the 20th, day of December by even portions, at or in the South door of the Parish Church of &c. the same payment to begin at such time as the said R▪ D: shall appoint, and for default of such appointment at such of the said payable dayes which shalt first happen after the death of the said R: D: and so to continue untill such yearly payment of 40 l. shall amount and arise to such a sum of money as will extend to pay to such only daughter of the said R. D: as at the time of the death of the said R: D: shall be unmarried the full sum of 500 l. of &c. and also to continue untill such yearly payment of the sum of 40 l. shall amount and arise to such sums of money as will extend to pay to such only daughter of the said R: D. married in his life time, and any part of her marriage money then unpaid, the rest and residue of all such marriage money as shall then remain unpaid, if such sum of money as the said R. D: shall have promised or Covenanted to be paid in marriage with that only daughter do not excced the sum of 500 l. of &c. and if the said R. D. shall happen to have more then one daughter at [Page 227] the time of his death, the same daughters, or any of them not married before the time of his death, or the same daughters or any of them being married, and her or their marriage money in part, or in all unpaid at the time of the dearh of the said R. D. (if the said R. D. by any Act, Deed or Word, so shall appoint in his life time, that then for the advancement and preferment of every such daughter the said W. D. the son and the Heirs Males of his body, and for default of such issue then every other person then intitled to have the possession of the said Capital Messuage called &c. by vertue of any limitation, or by reason of any use before declared in these presents, shall truly pay, or cause to be paid to every such daughter her Executors and Assigns the full sum of &c. yearly at, in and upon Ʋt supra, the same payment or payments to begin at such time as the said R. D. shall appoint, and for default of such appointment at such of the said payable dayes as shall first happen after the death of the said R. D. and are to continue until such yearly payment of 40l. shall amount and arise to such sums of money as will extend to pay to every such daughter of the said R. D. which before the time of his death shall not be married the full sum of 400. Marks of &c. and also to continue until such yearly payment of 40 l. shall amount and arise to such sums of money as will extend to pay to every such daughter of the said R: D: being married before the death of the said R. D. or any part or parcel of their or any of their marriage money unpaid, the rest and residue of the saip mariage money as shall then remain void, if such sums of money as the said R: shall have promised or covenanted to pay or give in marriage with such daughter or daughters do not exceed the sum of 400. Marks apeece. [The proviso for W. D. daughters is to the same purpose.] And it is fully agreed by and between all the said parties to these presents, that it shall and may be lawful as well to the said R. D. as also to the said W. D. the Son for the further assurance of the true payment of the said several sums of money to their said several daughters as aforesaid to make any manner or manners of Grants, Annuities or any Assurance or Assurances with such and so many penalties, distresses, forfeitures of sums of money or otherwise liable unto the said Mannor of Henbury with the appurtenances as to either of them, or to either of their Councel learned in the Law shall seem good, and the same to be of full force and effect in the Law according to the contents therof. But the true intent and full purpose of all the said parties to those presents, is of none of the said portions of money to be limited or granted to any of the daughters of the said W: D. shall be levied, or attempted to be levied during the life of the said R: D: neither yet untill such time as all the said portion of money to be levied to and for these daughter and daughters of the said R. D. as aforesaid be or may he fully satisfied and paid as aforesaid.
Provided furthermore, and the true intent and meaning of these presents, and of all the said parties to the said presents, is, that if the said R. D. or the said W. D. at any time hereafter during their, or either of their lives shall be taken prisoner in manner of Warrs; or if the said R: D: or W: D: at any time hereafter during their or either of their natural lives may not or cannot in and with the sincerity and purity of Christian Conscience openly and publikely confess and profess the blessed Name of Christ Jesus and the glorious Gospel, safely and quietly within this Realm of England without danger of their, or either of their lives, restraint of liberty, or loss of goods or chattels, that then, and in such case it shall and may be lawful as well to and for the said R. D: as also to and for the said W. D: for their or either of their Redemption, Ransom, or Maintenance absolutely or conditionally to bargain, sell, give, grant, discontinue, alter or change any of the said Premisses, to any person or persons not exceeding the yearly value of 10 l. of yearly Rent of Assise, and not being Mannor house, Demesn Lands, Milne or Milnes, or the appurtenances therof nor being any of the said Messuage, Lands &c. appointed for the Joynture, or increase of Joynture of the said Eliz. any thing in the said Presidents to the contrary notwithstanding.
Then next followeth Covenant that R. D. and M. his wife will at any time hereafter within five years make better Assurance of all the Premisses at the costs of the said. R. W. his Heirs &c. being not compelled to travel out of the County for making therof.
Provided lastly, and the true &c. is that if it happen the said E. W. after marriage between her and the said W: D: to die▪ that then it shall and may be lawful to the said W; D. the Son after the death of the said R, D: or to the said R. D: during the life time of the said R: D: to limit and appoint, to all and every such woman or women other then the said Eliz, W. as hereafter shall be wife or wives of the said W. D. or to any other person or persons to the use of such woman any of the said premises (except the said Messuage called the Hall of Henbury, and the Demesn Lands, therwith usually occupied and except the bands appointed for the Joynture of the said Ma: during her life) for and during her or their natural life or lives for and in the name of her or their Joynture, so as the same exceed not the value of 100. Marks yearly, And it is further concluded &c. and the true intent &c. is that all and every Demise, Lease, Grant, Alienation, Charge, Appointment, Estate, Assurance and Conveyance whatsoever hereafter to be had, or made of the said Mannors &c. with their appurtenances or of any parcel therof shall be▪ and that the parties to the same and their Heirs sha [...]l stand and be seised of the said Mannors &c. whatsoever in form aforesaid to be demised leased granted, aliened charged or appointed as before in the said presents is declared to such only use, intent, purpose and [Page 229] limitation, as is aforesaid during the continuance of every such Lease, Grant &c. according to the true intent, meaning, and effect of these presents, and to none other use, intent, purpose or limitation, any thing in these presents contained to the contrary in any wise notwithstanding. In witness wherof the partyes aforesaid &c.
Covenants, Conditions and Provisoes in Conveyances for setlement of Estates.
THis Indenture &c. Between R. M. of &c. of the one party, and Limitation of Ʋses and Estates Dame M. W. widow of the other party witnesseth, &c. that the said R. M. doth Covenant &c. that the said Conveyances, and Assurances so to be had, made and executed shall be &c. and that the said Sir Fr. &c. and their Heirs &c. shall stand and be seised of the premisses &c. to the several uses, intents and purposes, and under the Conditions, Provisoes, Covenants and Agreements hereafter, in or by these presents, set forth, limited, mentioned or declared according to the true meaning of these presents, and to no other use &c. that is to say of all and singular the said Mannor of C. with the appurtenances, and of all the Lands, Tenements Rents, Reversions, Services, Hereditaments and Premisses Cum pertin in C. to the use of R. the father, and M. his wife, for and during the term of their two natural lives, and of the longer liver of them (without impeachment of Wast, during the life of R. only) and after the decease of R. and M. his wife then to the use of R. the son and of the Heirs males of his body, and for default of such issue then to the use of the Heirs Males of the body of R. the Father legitime procrea [...] and for default &c. to the use of the right Heirs of R. the Father for ever. And of the said Mannor of S. and G. M. Cum pertin. and of all his Lands, Tenements, Rents. Reversions, Services, Hereditaments and Premises in S. and G. M. aforesaid to the use of R. the the Son untill the day of the solemnization of the said Marriage. And after the said Marriage solemnized then to the use of R. the son and the said Anne; and of the Heirs Males of the body of R. the son lawfully to be begotten, and for default &c. then to the Father and the heirs Males of his body, and for default of such issue then to the use of the right Heirs of R. the Father for ever, and of the said Mannor of M. with the appurtenances, and of all the said Lands. Tenements, Rents, Reversions, Services and Hereditaments in M. aforesaid with the appurtenances, to the use of R. the Father for life without impeachment of Wast, and after his decease then to the use of R. the Son untill the said marriage had, and after to the use of R. the Son, and of the said R. [Page 230] and of the Heirs Males of the body R. the same lawfully begotten, and to be begotten, and for default &c. then to the Heirs Males of the body of R. the Father lawfully &c. and then to the right Heirs of R. the Father: all which premisses in S. great M. and M. aforesaid limited and appointed to be assured and conveyed to those of Anne are meant and intended to and for the Joynture of Anne, of the Mannor, Messuages, Lands, Tenements and of Hereditaments of R. the Son, and of the said Mannor of C. and S. Cum pertinent. and of all and singular the said Lands, Tenements, Hereditaments and Premisses in C. and S. aforesaid Cum pertinent: to those of R. the Father for life Abs (que) impetitione vasti, and after to R. the Son and Heirs Males of his body &c. and then to the Heires Males of the body of R. the Father, and then to the right Heirs of R. the Father for ever.
Provided alwayes, and it is concluded and Agreed by and between the said parties to these present Indentures for them and their Heirs by these presents, that if the said R. M. the Father shall fortune to overlive the said Mary M. his wife, and do after intend to marry againe, that then and from thenceforth it shall and may be lawful to and for the said R. M. the Father at all times during his natural life to Assign, Limit, or appoint such and so much of the said mannor of C. with the Appurtenances, and of the said Lands Tenements Rents Reversions Services Hereditaments and Premisses in C. aforesaid (other then &c.) ut infra, or the use therof, as he the said Robert the Father shall think convenient; So that the same exceed not the clear yearly value of 100 l. by year, over all Charges and Reprises, to the use of any woman, who shall for time to be his lawfull wife at the time of his decease, for and during the naturall life of any such wife, for and in the name of her Joynture; So that the Estate of such wife or wives be not made or occupied, to be without impeachment of Wast: And that from and after every such use, limitation, or appoinment, so shall or made to or of any such wife, all and every the said Assurances and Conveyances of the Premisses in C. aforesaid, so to be had, made, or executed, as is aforesaid, concerning such and so much therof only, wherof any such assignment, appoinment or limitation, by virtue of this Proviso, shall be so had or made, shall be. And the said Sir F. L. &c. and their Heirs, and the Survivors and Survivor of them, and his and their Heirs shall stand and be seised therof, to the use of such wise, for and during her naturall life, according to the true meaning of such limitation and thing in these presents contained, to the contrary therof in any wise notwithstanding.
And after such Use or Estate ended or determined, then to the use of every such person and persons, and in such manner and form, and with such Remainders over uses and limitations, and under all and every such Conditions and Provisoes, as the same should have been, if [Page 231] no such limitation or appointment, by virtue of this Proviso had been made, limited or appointed.
Provided also, and it is likewise concluded and agreed by and between the said parties to this present Indenture, for them and their Liberty for preferment of younger Sons of Robert the Father. severall Heirs by these presents, that it shall and may be lawfull, to and for the said R. the Father, at any time or times during his naturall life, by his Writing or Writings Indented, under his hand and Seal, to assign, limit, or appoint the said Mannor of S. with the Appurtenances, and all the said Lands Tenements Hereditaments and Premisses in S. aforesaid, with the Appurtenances, or any part or parcell therof, to his younger Sons, or to any of them at his pleasure, for and during the term of the naturall lives, or of the naturall life or lives of any of them, to and for their perferment in living, and after the decease of them or any of them, to whom any such limitation shall be so made, then to the use of any woman or women, which shall be lawfull wife or wives to any of them, at the time of his or their death, for and during the term of her or their naturall life or lives (so that the same be not made without impeachment of Wast) for and in the name of the Joynture of such wife or wives.
And that from and after every such limitation or appointment so made, all and every the said assurance and conveyance of the Premisses in Shelton aforesaid, so to be had, made, or executed, as is aforesaid, concerning such and so much therof only, wherof any such limitation or appointment shall be so had or made, shall be. And the said Sir F. L. &c. and their Heirs, and the Survivor and Survivors of them, and his and their Heirs, shall stand and be seised therof, to the severall use and uses of every such younger Son, Wife, or Wives, to whom any such limitation shall be so had or made, for and during his, her, and their naturall life and lives, according to the true meaning of such limitation and thing in these presents, to the contrary therof in any wise notwithstanding. And after such use or use, estate or estates, ended or determined, then to the use of every such person and persons, and in such manner and form, and with all such Remainders over uses and limitations: And under all and and every such Conditions, and Provisoes as the same should have been, if no such assignment appoinment, or limitation, by force of this Condition had been therof made or appointed.
Provided also, and it is likewise covenanted, concluded, and fully agreed Liberty to assign Lands to his wife for life under a yearly Rent &c. by and between the said parties to these Indentures, for them and their Heirs by these presents, that it shall and may be lawfull to and for the said R. M. the Father, by his Writing indented, under his hand and Seal, to assign, limit, and appoint his Capital Mansion house of M. aforesaid, and the Lands and Tenements commonly accounted, used, or occupied his Demesne Lands to the said Capital Messuage, belonging [Page 232] or appurtaining, to the use of the said M. his now wife, for term of her naturall life, reserving and appointing the yearly Rent of 10 l. of lawfull money of England, to be paid for the same, from and after the death of the said Robert the Father, yearly, during the life of the said M. at the Feast of the Annunciation of &c. Saint Michael &c: by even portions, at the said Capital Messuage of M. aforesaid, to the said Robert Markham the Son, and Anne, and the Heirs Males of the body of the said Rob. the Son, lawfully begotten, and after to such person and persons, as by the limitation aforesaid, shall have the same House and Demesne, the first payment therof to begin at such of the said Feasts as shall first happen, after the decease of the said Robert the Father. And that from and after such limitation and appointment so had or made, the said Assurances and Conveyances shall be, and the said Sir Francis &c. and their Heirs, and the Survivors and Survivor of them, and his and their Heirs shall stand and be therof seised, to the only use of the said M. and her Assigns, according to such limitation as shall be so had or appointed: So that the said Mary and her Assigns, do pay or cause to be paid yearly during her life, the said Sum of 40 l. in manner and form before mentioned, expressed, and appointed; And after the death of the said Mary, or of the determination of her said Estate or use therin by any waies, then to the use of the said R. M. the Son, and of the said A. and the Heirs Males of the body of the said R. lawfully begotten, and after to the use of such person and persons, and in such manner and form, and with all such Remainders over, uses and limitations, and under all and every such Conditions and Provisoes, as the same should have been, if no such assignment, appointment, or limitation, by force of this Proviso, had been therof made or appointed, any thing &c.
Provided also, and it is likewise concluded and fully agreed, by and between the said parties to these Indentures, for them and their severall Heirs by these presents, where the said R. M. the Father, by one Indenture tripartite, made between the said R. M. the Father, of the one party and Tho: S. Esquire, of the second party, and the right honourable Sir S. Knight, Chancellour of the Dutchy &c. of the third party bearing date 18. Maij An. 19. Eliz. hath granted to the said Tho. Sad. one Annuity or yearly Rent of 100 l. by year, issuing out of the said Mannor of C. from the day of the date of the said Indenture, for and during the term of ten years then next following, as by the said Indenture more fully and at large doth and may appear.
That for the advancement and preferment of such Daughters of the For preferment of Daughters &c. of Robert the Father. said M. the Father, as shall not be married before the decease of the said Robert the Father, the said Robert the Son, and the Heirs Males of his body, and for default of such Issue, such other person and persons, to whom the said Mannor of C. with the appurtenances, shall or ought [Page 233] to come, after the decease of the said Robert, the Father in tayl, according to the limitation of these presents, shall yearly, after the decease of the said Robert the Father, and after the end of the said ten years, pay, or cause to be paid the Sum of 100 l. of lawfully money of England, yearly, unto such of the said Daughters as shall not be married before the decease of the said Robert the Father, untill every such Daughter shall have received the Sum of 200 l. a peice, for and toward her and their preferment in Marriage, or otherwise, the same to be yearly paid at the Mannor House of C. aforesaid, upon the Feast daies of the Annunciation, and Saint Michael &c. by even portions: And if it happen any default to be had or made of, or in the said payment of 100 l. by year, as is aforesaid, that then from and after any such default, the said Assurances and Conveyances shall be in the said F. L. And the said F. L. P. W. T. M. and A. M. and their Heirs, and the Survivors and Survivor of them & his and their Heirs shall stand seised of all such part and parcell of the said Mannor of C: and of the said Premisses in C. (saving the Mannor House and Park in C. aforesaid, with the Appurtenances) not exceeding the clear yearly value of 100 l. by year, as the said R. M. the Father, shall by Writing, under his hand and Seal, in his life time, or by his last Will and Testament in Writing expresse and appoint: To the use of every the said Daughter and Daughters which shall not be married before the death of the said Robert the Father, untill every of them of the Issues and Profits therof, and of such part of the said Sum of 200 l. a peice as the said R. the Son, his Heirs or Assigns, shal before that time have paid, shal have received and had, or conveniently might have received and had the said Sum of 200 l. of lawfull money of England, and after every such Estate and Use ended, then to the use of every such person and persons, and in such manner and form, and with such Remainders over, uses and limitations, and under all and every such Conditions and Provisoes, as the same should have been if no such Assignment or limitation had been therof made any thing &c.
Provided likewise, and it is also Covenanted &c. Ʋt supra, that it Liberty to make Leases of lands usually letten. shall and may be lawful to and for the said R. M. the Father at any time or times during his life by his Writing Indenture to be made between him and any other person or persons, to Lease, Grant and Demise any part or parcel of the Premisses before time usually demised or leased (the said Lands, Tenements and Hereditaments in S. great M. and M. only excepted) to any person and persons at his pleasure, so that every such Lease and Grant be made of Lands and Tenements in Possession and not in Reversion, and so that no such Lease or Grant be made without impeachment of wast, nor for any longer time then for twenty one years, or three lives, from the date of every such Lease, and so that upon every such Lease, the old Accustomed Rent or more [Page 234] be reserued and yearly payable during the terms therin contained at the Feast or dayes usuall to such person and persons to whom the use therof is before by these presents limited, and that after every such Lease to be made the said Assurance containing every such parcel of the Premisses as shall be so Leased, Granted or Demised, shall be; And the said Sir F. L. &c. and their Heirs, and the Survivors and Survivor of them, and his and their Heirs, shall stand and be seised of all such Lands Tenements and Hereditaments leased, to the use of every such Lessee or Grantee. according to the true meaning of every such Lease so long, during the term in every such Lease contained, as the said person or persons to whom any such Lease shall be made, or his Assigns, doth truly pay the Rent reserved upon his said Lease, at the daies therin for that purpose mentioned, or within 20. daies then next following, to him or them who shall have the use therof in possession; And after the end of every such Lease, then to the use of every such person and persons, and in such manner and form, and with such Remainders over, Uses, and Limitations, and under all and every such Conditions and Provisoes, as the same should have been, if no such Lease, Assignment, or Limitation, by force of this Proviso had been therof made, any thing before mentioned, to the contrary therof in any wise notwithstanding.
And the said R. M. the Father, doth further covenant with the said Covenant for keeping the Son and his w [...]fe and Children, and in case of dislike thereof, then to Lease a Tenement for that end. Dame M. by these presents, that the said R. of his own costs & charges, from and after the said Marriage, shall and will well and decently keep and maintain the said R. the Son, and the said Anne, and all such Children as they shall fortune to have between them lawfully begotten: And shall also keep for the said Ro. the Son, and the said Anne one Servant woman, and two Servant men, with sufficient meat drink, fuell, and Lodging; And shall also keep for the said Rob: the Son three Geldings Winter and Sommer, during the naturall life of the said [...]ob: the Father, if the said R [...]b: the Son, and the said Anne so long should fortune to live, and will so long accept the same.
And further that if at any time after the end of 5. years and 6. months, next after the date of these Indentures, the said Robert the Son, and the said Anne shall fortune to mislike therof, or shall better like to keep house themselves, and will refuse the allowance appointed unto them by this Covenant. Then the said Robert the Father, in consideration therof, and for their better maintenance, shall and will by his sufficient Deed in Writing, Demise, and Lease, unto the said Robert the Son, one Messuage, Farm, or Tenement in C. aforesaid, now in the Tenure, Possession, or Occupation of John Benet, or of his Assigns, and which was before late in the Tenure or Occupation of one T. E. or of his Assigns, with all the Lands Tenements and Hereditaments therunto belonging, or to or with the same heretofore [Page 235] usually occupied, with all and singular the Appurtenances; To have to him the said Robert the Son, from the end of the said five years and six months, next after the date hereof, or from the time that he shall refuse the said allowance as aforesaid, for and during thr term of the naturall life of the said Robert the Father, the said Robert the Son, yeelding and paying therof yearly during the said term to the said Robert the Father, the yearly Rent of 15 s. at the terms there usuall: And that the said Messuage or Tenement after the said Lease to be made, shall be and continue, during the life of the said Robert the Father, clearly acquitted, exonerated, and discharged, or otherwise saved harmlesse, of all other Charges and Incumbrances had, made, done or suffered by the said Robert the Father, the said 5 l. and 5 s. onely excepted.
Provided alwaies, and it is further agreed by and between the said Covenant for making Annuities to the Sons of Rob. the Son. parties to these presents. And the said R. M. the Father, doth covenant and grant, for himself, his Heirs Executors and Administrators, to and with the said Dame Mary W. her Executors and Administrators, that if it fortune the said Robert M. the Son to dye, during the life of the said Robert the Father, leaving Sons, between him and the said Anne lawfully begotten, then the said Robert the Father, shall by his Deeds indented, Sealed with his Seale, wherof the said Robert shall deliver or cause to be delivered the one part to the said Dame M. her Executors or Administrators. give, grant, limit, and appoint unto every one of the Sons that shall happen to be begotten, of the bodies of the said Robert the Son, and Anne (except such as shall be the Heir apparant of the said Robert the Son) unto every of them severally by his severall Deed or Deeds indented, to be Sealed with his Seal, one Annuity or yearly Rent of 10 l. a peice; To have and to hold from the decease of the said Robert the Son, for and during the life of every such Son, issuing and going out of the said Mannor of C. and of all the said Lands Tenements and Hereditaments in C. aforesaid (saving the said Mannor House of C. and the said Park of C.) to be paid at the Mannor House of C. aforesaid, at the said Feasts of Saint Michaell the Arch-angell, and the Annunciation of our Lady, by even portions: And that he the said R. M. the Father, shall in every of the said Deeds further limit and appoint, that if it happen any default of payment to be had or made, of or in the said severall Annuities or yearly Rents, or any of them, that then the said Estate shall be, and the said Sir F. L. P. W: T. M. and H. M. and their Heirs and the Survivor of them, and his and their Heirs shall stand and be seised, of and in so much of the said Lands and Tenements in C. aforesaid (except the said Mannor House of C. and the said Park of C:) as shall be of the clear yearly value of 10 l. to and for every such Son, to whom any such Gift, Grant, Limitation, or Appointment, [Page 236] shall be so had or made, the said Lands to be expressed and set out in every of the said Deeds in certainty: To have and to hold the same to the use of every such Son, unto whom any such default of payment shall be had or made, for and during the term of his naturall life, and after the decease of every such Son, then to the use of every such person and persons, and in such manner and form, and with all such Remainders over Uses and Limitations, and under all and every such Conditions and Provisoes, as the same should have been, if no such new Assignment by virtue of this Proviso had been made.
Provided also, and it is likewise agreed: And also the said Robert Covenant for preferring the Daughters of Rob the Son. the Father, for himself, his Executors and Administrators, doth further covenant with the said Dame M. her Executors and Administrators, by these presents, that if it fortune the said R. M. the Son to dye, during the life of the said R. the Father, leaving Daughter or Daughters between him and the said A. lawfully begotten; That then the said R. the Father, shall and will by his Deed Indented, Sealed with his Seal, wherof the said Robert the Father shall deliver or cause to be delivered the one part to the said Dame M. her Executors or Administrators, grant, limit, and appoint, that he the said Robert the Father, and every such person and persons, to whom the said Mannor of C. with the appurtenances, and the said Premisses in C. aforesaid, shall or ought to come after the death of the said Robert the Father in tail, according to the limitation of these presents, shall yearly after the end of the said ten years, mentioned in the said tripartite Indenture, and after the time that the said Sums of money limited and appointed to be paid to the said Daughters of the said Robert the Father, shall or may be received, or run up, according to the true meaning, intent, and limitation aforesaid, content and pay, or cause to be paid to every of the said Daughters that shall happen to be begotten of the bodies of the said Robert the Son, and Anne, then living, the Sum of 100 l. a peice, for and towards their preferment and advancement, the same to be paid after the rate of 100 l. yearly, to every of them orderly, according to their severall ages, at the Mannor House of C. aforesaid, upon the said Feast daies of the Annunciation of &c. and Saint Michael the Arch. angel, by even portions, untill every such Daughters shall have received 100 l. a peece: And that if it happen any default to be had or made, of or in the payment of the said Sum of 100 l. a peice to every or any of the said Daughters, or any part therof, that then the said Sir F. L. &c. and their Heirs, and the Survivor of them, and his and their Heirs shall stand and be seised of and in so much Lands Tenements and Hereditaments in C. aforesaid (wherof the said Mannor House and Park of C aforesaid, to be no parcell) as shall be of the clear yearly value of 100 l. to be likewise expressed and set out in the said Deed in certainty, to the use of every such Daughter of [Page 237] the said Robert and Anne, for and untill such time as every such Daughter of the Issues and Profits therof shall have received and had, or might have received and had the full Sum of 100 l. a peice, or so much therof as shall be behind and unpaid at the time of any such default, for and towards her preferment and advancement as is aforesaid; And after to the Use and Uses of every such person and persons, and in such manner and form, and with all such Remainders over, Uses and Limitations, and under all and every such Conditions and Provisoes, as the same should have been, if no such new Limitation, by virtue of this Proviso had been therof had, or made.
And furthermore the said R. M. the Father, doth covenant &c. to and with the said Dame M W. her Executors and Administrators, that the said Mannors Messuages Lands Tenements and Hereditaments in S. great M. and M. aforesaid mentioned and appointed to be assured and conveyed to the use of the said Robert the Son, and Anne Warb. for her Joynture as aforesaid, at the Sealing and Delivery hereof, are, and be of the clear yearly value of 100 l. over and above all Charges and Reprises; And during the life of the said Anne, shall remain and continue of the said yearly value, any thing heretofore done, or hereafter to be done by the said R. M. the Father, or any other by his means, consent, or procurement, to the contrary notwithstanding.
And that the said A. W. and her Assigns, if she over live the said R. M. the Son, by virtue of the said assurance to be made as is aforesaid, shall or lawfully may have, hold, occupy, and enjoy the said Mannors Messuages Lands Tenements and Hereditaments in S. great M. and M. aforesaid, mentioned and appointed to be assured and conveyed to the use of the said Anne for her Joynture, and is aforesaid, according to the form, intents, limitations, and meanings in these presents contained and expressed, quietly and peaceably, without any lawfull let, trouble, or interruption of the said R. M. the Father, his Heirs and Assigns, or any other, claiming by or from the said Rob: the Father, or under his Estate (Leases made before the Feast of Saint Michael the Arch-angel, last past, for the term of three lives, or under, or twenty years or under, wherupon the accustomed Rents and Services, or more are reserved and payable yearly to the said Rob: the Father, his Heirs and Assigns, during every such term, contained in every such Lease, and the said Lease or Grants before in these presents limited and appointed to be made of the said Capitall Messuage of M. and the Lands and Tenements commonly accounted, used, or occupied, as Demesne Lands, to the said Capitall Messuage belonging or appurtaining to the use of the said Mary, wife to the said R. M. the Father, for the term of her life, wherupon the yearly Rent of 40 l. is, or shall be re [...]erved and payble as is aforesaid, during the said term, alwaies excepted and foreprised.)
In consideration of which said Premisses the said Dame Mary W. doth Covenant to pay to R. M. the elder one thousand pounds of lawfull money of England, in manner and form following, viz. 500 l. before or upon the day of the Marriage of R. M. the son, and Anne, and 300 l: &c. and 200 l. In Witness &c.
An Indenture to lead the use of Recovery.
THis Indenture made &c. Between A. B. of C. &c. Gent. of the one party, and E. F. of G. and H. I. of &c. Gent. and L. M. &c. Gent. of the other party Witnesseth, That for and in consideration of Consideration. a good and perfect Assurance to be had and made of all and singular the Lands, Tenements, and Hereditaments hereafter in these presents mentioned. It is Covenanted, Granted, Condiscended and Agreed upon between the said Parties by these presents, And the said A. B. A Covenant to s [...]e out a Writ of Entry in the post by a day. for himself, doth Covenant and Grant to and with the said E: F. and H. I. their Heirs &c. That he the said A. B. shall and will before the Feast of &c. next ensuing the date hereof suffer the said E. F. and H. I. to bring and sue out of the Kings Majesties Court of Chancery, one Original Writ of Entry upon the Dissesm in the Post against the said A. B. directed to the Sheriffe of the County of L. returnable before the Justices of the Common Pleas at Westminster, at a certain day in the same Writ to be contained. In which Writ the said E, F. and The tenure of the Writ. H. I. shall demand against the said A. B. all the Messuages and Lands called &c. in the Tenure or Occupation of &c. lying and being in &c. and that he the said A. B. to the said Writ shall appear before the said Justices at the day of the return therof in proper person or by Atturny lawfully Authorized in the Law; after which said appearance the said E. F. and I. H. upon the said Writ shall declare against the said A. B. after which Declaration the said A: B. shall make defence and Vouch the common Vouchee to Warrant, and the said common Vouchee shall therupon appear before the said Justices, and enter into warranty in his own proper person, and after declare against him according to the nature of the same Writ, and the Vouchee shall imparle, and after such imparlance make default and depart in despite of the Court, to the intent that a good perfect Recovery and Judgment may be had against the said A. B. and so over against the Vouchee according to the course of common Recoveries in that case used, and Judgment and Executions therupon had by the said L. M. &c. their Heirs and Assigns against the said E: B: and all others, by, from or under his Estate and interest, and after such Recovery, Judgment and Execution, had from thenceforh shall stand and be seised of the said Messuages, Lands and [Page 239] Tenements, and after the Premisses with their Appurtenances before mentioned to the only proper use and behoof of the said A. B. his Heirs and Assigns, of a good and perfect Estate in Fee-simple, and to no other intent or purpose whatsoever. In witness &c.
For suffering a Recovery to make a Fee-simple.
THis Indenture &c. Between A. B. of &c. Esquire, on the one part, and C. D. of &c. Gent. and E. F. of &c. Gent. and C. H. and I. L. of the other part Wit. That the said A. B. party to these presents, is and standeth seised of an Estate of an Inheritance in Fee-Taile general, viz: to him, and to the Heirs Males of his body lawfully begotten, with divers Remainders, over, of, and in divers Mannors, Lordships, Parsonages Tithes, Lands, Tenements and Hereditaments, with the appurtenances, set, lying and being in the several Counties of D. and S. and hereafter more particularly named. And wheras the said A. B. is resolutely determined to clear his said Mannors, Lands, Tenements, and the Estate and Title therof, of all former Estates and Uses, and Limitations of Uses and Estates, and Uses in Taile which have been therof formerly made, to the intent & purpose, that the said Mannors Messuages, Lands and Tenements may be established unto the said A. B. and his Heirs for ever. And that the said A. B. may have a good and absolute Estate in Fee-simple of, and in the same; and also full Power and Ability of all the said Mannors Lands Tenements and Hereditaments in these presents specified, to make Estates and to limit Uses therof, according as it shall seem good unto him.
Now therfore the said A. B. for the more sure and better performance A Covenant to assure Lands by a day. of his indented purpose for himself, his Heirs &c. and every of them, doth covenant, grant, conclude, condiscend, and fully agree, to and with the said C. D. and E. F. their Executors &c. and to and with every of them by these presents, That he the said A. B. shall and will on this side, or before the Feast of &c. next coming, by his sufficient Deed or Indenture inrolled on Record, or other his Deed of Feoffment in Writing under his hand and Seal, by him the said A. B. in his own person, lawfully and perfectly to be executed; Give grant convey and assure unto them the said C. D. &c. and their Heirs, and the Survivor of them and his Heirs, all and singular those his Mannors Lordships Lands Tenements Rents Reversions Services and Hereditaments, with all and singular their Appurtenances, lying and being in &c. and the Reversion and Reversions, Remainder and Remainders of the same. And likewise all those his Mannors or Lordships of &c. with all and singular their Appurtenances; To the intent and purpose [Page 240] only, that they the said C. D. and E. F. and their Heirs, and the Survivor of them, may become perfect Tenant or Tenants of the Free-hold of the Premisses, so as lawfull Recoveries with double Vouchers may be had by the said G. H. and I. L. or by the Survivor or Survivors of them against them the said C. D. and E. F. and their Heirs, or the Survivor of them and his Heirs, to, for, and according to the uses, intents, limitations, provisoes, and agreements hereafter in these presents limited, expressed, declared, or intended: And for the better and more perfect declaration of the use, uses, intent, purpose, meaning, cause and considerations, as well of the making of the said Indentures, or Deed of Feoffment indented, and the execution therof: And also of the acknowledging and sufferings of such said Recoveries so therof covenanted, mentioned, or intended to be had and acknowledged as aforesaid.
It is further covenanted, granted, and fully agreed, by and between The Ʋses. all the said parties to these present Indentures for them and every of them, and for their and every of their Heirs, that the said Deed of Feoffment, assurances therof before covenanted to be had and made of the said Premisses, unto them the said C. D. and E. F. and their Heirs, and the Survivor of them and his Heirs, shall be to the use of the said C. D &c. and their Heirs, for and during, and untill such time as they the said G. H. and I. L. and their Heits, or the Survivor of them and his Heirs, shall and may without any fraud or covin, according to the ordinary course of common Recoveries, might have recovered the same Premisses against the said C. D. or their Heirs, according to the true meaning of these presents.
And further it is fully agreed by all the said parties to these presents, That after such Recoveries had as is aforesaid, as well the said Feoffment and other Assurances, as also all such Recovery and Recoveries so to be had or suffered, of and upon the said Mannors and Lordships, and other the said Messuages Lands Tenements and Hereditaments, and other the Premisses, or any part or parcell therof, according to the true meaning of these presents, by and immeditaly after the suffering of the same, shall be and shall be adjudged, construed, and taken to be.
And also that they the said G: H: &c. and their Heirs, and the Survivor of them and his Heirs shall stand and be seised of, for, and touching all and singular the said Mannors and Lordships, and other the aforesaid Messuages, Lands Tenements, Rents, Reversions, Services and Hereditaments, and all other the Premisses, with all and singular their appurtenances, and every part and parcel therof, wherof such said Recovery or Recoveries, shall be suffered, to and for the only use and behoof of the said A: B: party to these presents, and his Heirs for ever, and to no other use, intent, or purpose in any wise, any use, [Page 241] limitation of use or other conveyance or assurance therof formerly made in any wise notwithstanding.
And lastly, it is Concluded and Agreed between the said parties; and the said A, B, for him and his Heirs, doth Covenant and Agree to, The Ʋses in [...]se the Feoffment be not executed. and with the said C: D: and E. F. by these presents, that if the said Deed of Feoffment, shall not, or be not perfectly made and executed in part or in all before the said Feast of &c. next comming, That then and from after the said Feast day, the said A, B. and his Heirs, and all other person and persons that now are or before the said Feast day shal be seised of the said Mannors, Messuages Lands, Tenements, & other the Premisses or any part therof, for, and in consideration of the Advancement of the Bloud and Issues of the said A. B. as well Sons as Daughters, and for the intent perfect Recoveries may therof, and of every part therof be suffered and had against the said C: D: and E: F: or the Survivor of them, shall stand and be therof, or of such part therof, wherof no such perfect Execution shall be had to the use of the said C: D: and E: F: and their Heirs until such time as such Recovery or Recoveries shall or may be suffered and had, as is aforesaid, and after wards to the use of the said A: B: and his Heirs for ever. In witness, &c.
For the keeping of a Child and his Portion.
THis Indenture &c. between A. B. of C. in the County of L. Gentleman, of the one part, and C. D. of &c. Gentleman, of the other part, witnesseth, That the said A. B. for divers good causes and considerations, him therunto moving, and especially for and in consideration of the Sum of &c. unto him the said A. B. by the said C. D. at and before the ensealing and delivery of these presents, well and truly contented and paid, wherof and wherwith the said A. B. doth acknowledge himself fully satisfied, contented and paid: Hath covenanted &c. and by these presents doth covenant &c. for him his Heirs Executors and Administrators, to and with the said C. D. his Executors and Administrators by these presents, That he the said A. B. his Heirs Executors Administrators or Assigns, upon his or their own proper costs and charges, shall and will find and keep at School, or cause to be found and kept with sufficient and wholsome meat drink, cloaths, books, and lodging one O. D. Son of the said C. D. meet and convenient for him to have, from the day of the date of these presents, for and during the term and time of ten years, from thence ensuing, fully to be compleat, ended, and determined, if the said O. D. so long shall live, and at or in the end of the said ten years, shall and will repay unto the said C. D. his Executors or Assigns, the said Sum of &c. of [Page 242] good and lawfull money of England. Provided alwaies and covenanted, concluded, and fully agreed by and between the said parties to these presents.
And the said A. B. for himself, his Heirs Executors and Administrators, doth covenant, promise, and grant, to and with the said C. D. his Executors Administrators and Assigns by these presents; That if it please God to call the said O. D. out of this transitory life, before the expiration of the said term of ten years, that then he the said A. B. his Heirs Executors Administrators or Assigns, or some of them within one whole year, next after the day of the decease of the said O. D. shall and will repay or cause to be repaid unto the said C. D. his Executors Administrators or Assigns, at one whole and entire payment, the said Sum of &c. without fraud or further delay. And also provided, and is covenanted, concluded, and fully agreed by and between the said parties to these presents, that if the said C. D. his Executors Administrators or Assigns, at any time hereafter during the said term of ten years, do or shall mislike or find fault with the keeping or finding of the said O. D. as aforesaid, and shall give notice or warning therof unto the said A. B. his Executors or Administrators, that then the said A. B. his Executors or Administrators, within one whole year next after notice given as aforesaid shall and will re-deliver and pay, or cause to be re-delivered and paid unto the said C. D. his Executors Administrators or Assigns, not only the said Sum of &c. in one whole and entire payment: But also the said O. D. if he shall be then living. And further provided and it is likewise covenanted, concluded, and fully agreed by and between the said parties to these presents, that if the said A: B. his Heirs Executors or Administrators, do at any time hereafter during the said term of ten years, mislike of the keeping maintaining and finding of the said O. D. as aforesaid, and not only give unto the said C. D. her Executors or Administrators, one whole years notice and warning of his or their such dislike: But also do at the end of the said year, well and truly pay or cause to be paid unto the said C. D. his Executors Administrators or Assigns, at or in &c. at one whole and entire payment, the said Sum of &c. That then, and from and immediatly after such notice, warning, and payment made of the said Sum of &c. as aforesaid, he the said C. D. his Executors Administrators or Assigns, shall and will disburthen and release the said A. B. his Heirs Executors and Administrators, and every of them, not only of and from the finding, keeping, and maintaining of the said O. D. as aforesaid, but also of the said Sum of &c. as if these presents had never been had or made, any thing before in these presents mentioned to the contrary therof in any wise notwithstanding.
And finally for the sure and true performance and accomplishment of all and singular the Articles, Covenants, Grants, and Agreements [Page 243] above recited, which upon the part and behalf of the said A. B. his Heirs Executors or Administrators, are or ought to be observed, performed, fulfilled and kept, the said A. B. is contented to stand bound unto the said C. D. by his Writing Obligatory, dated with these presents, in the Sum of &c. of good and lawfull money of England: In Witness &c.
For levying of a Fine to strengthen a Lease before made in Reversion.
THis Indenture &c. between W. D. of &c. in the County of L. Esq; and S. his wife, of the one part, and R. B. of &c. of the other part, Recitall of a Lease. witnesseth, That wheras the said W. D and S. his wife, by their Indenture of Lease, bearing date &c. Have demised and let to Farm to the said R. B. and his Assigns, for the term of one and twenty years next ensuing, after the death of the Survivor or longer liver of M. wife of the said R. and H. L. Sister of the said M. or from the end of one Lease determinable upon their lives, all that one Messuage or Tenement, and all Lands Meadows Closes Pastures and Closures of Land Common of Pasture and Turbary, to the said Messuage or Tenement belonging or appurtaining, or with the same usually occupied, demised, or letten, or accepted, reputed, taken, or known, as part, member, or parcell therof, scituate, lying, and being in B. aforesaid, then or late in the Tenure or Occupation of the said R. B. for certain yearly Rents and Services to be paid and done for the same.
And wheras also the said W. D. and S. his wife, by the same Indenture did also covenant and grant to and with the said R. B. his Executors and Assigns, and every of them, to make all such further assurance or assurances of the Premisses, to the said R. B. and his Assigns, for the term aforesaid, as should be reasonably devised by the said R. B. or his Assigns, or his or their learned Councell, as by the said Indenture of Lease, it doth and may more at large appear.
Now the said W. D. and S. his wife, for the accomplishment of the said Covenant and Grant mentioned in the said Indenture, and for the good and perfect assurance of the same Premisses to the said R. B. according to the tenor and effect of the said Indenture. Do covenant and grant for them, and the Heirs and Assigns of the said W. to and with the said R. B. his Executors and Assigns, that they the said W. D. A Covenant to levy a Fine. and S. shall and will at the next Assizes, or generall great Sessions, for Pleas to be holden at C. in the County of C. before the Queens Majesties Justices, or their Deputies there for the time being, levy and acknowledge a Fine with Proclamations to T. R. and I. A. Yeomen, of the [Page 244] same Premisses, by the name of one Messuage, one Garden, twenty acres of Land, ten acres of Meadow, twenty acres of Pasture, and four acres of Turbary, with their Appurtenances in B. and the same shall acknowledge to be the right of the said T. R. and I. A. as these which the said R. and I. A. have of the Gift of the said W. D. and S. and the same shall remise and quit claim for them and their Heirs to the said R. and I. and the Heirs of the said T. for ever.
And furthermore the said W. D. and S. and the Heirs of the said W. To warrant the Lands in the Fine to be mentioned. shall by the same Fine warrant the same Premisses to the said R. and I. A. and the Heirs of the said T. against all men for ever: And so shall suffer the same Fine and Proclamations therupon, to proceed according to the common course of Fines and Proclamations within the said County of Chester.
And it is agreed between the said parties, that the said Fine so to be That the Fine shall extend to no other Lands then what are mentioned in the Lease. levied and acknowledged as is aforesaid, shall only extend to the Lands and Tenements mentioned and expressed in the said Indenture of Lease, and to none other Lands or Tenements in any wise.
And shall likewise after the levying and ingrossing therof, be adjudged, taken, and reputed to be, to and for the preservation of the Estate of the said R. B. and his Assigns, in and to the same Premisses contained in the said Indenture of Lease, for and during the Term mentioned in the said Lease.
And that then the said W. B. and S. and the Heirs of the said W. shal stand and be seised therof to the use of the said R. and his Assigns, for and during the term before specified, according to the intent and meaning of the said Indentures of Lease.
And after the determination of the said term, to the use and behoof The Use after determination of the Lease. of the said W. D. and the Heirs of the said W. for ever, and to no other use, intent, or purpose in any wise: In witness &c.
VVherby the Father covenanteth with his Son and Heir apparant, to Estate him and his wife in certain Lands before a day limited.
THis Indenture &c. between Ri. H. of &c. in the County of L. Gentleman of the one part, and Ra. H. Son and Heir apparant of the said Ri of the other part, witnesseth, That it is covenanted, granted, concluded, and agreed by and between the said parties to these presents, in manner and form as hereafter followeth. That is to say First the said Ri. H: doth covenant, grant, conclude and agree, to and with the said Ra. H. his Executors and Administrators by these presents; [Page 245] That he the said Ri. shall and will at and upon the reasonable request, costs and charges of the said Ra: or his Assigns, before the Feast-day of &c: next after the date hereof, demise, grant, and passe over to the said Ra. H. and B. his wife, and their Assigns, one Messuage or Tenement of him the said Ri. H. scituate, lying, and being in H. neer W. in the said County of L. late in the Tenure or Occupation of I. L. of H. aforesaid Yeoman, deceased: And all the Houses, Edifices, Buildings, Lands, Tenements and Hereditaments therunto belonging, with their and every of their appurtenances whatsoever, containing by estimation &c. To have, hold, occupy, and enjoy the said Houses Buildings Lands Tenements, and all other the Premisses, with their Appurtenances, unto the said Ra. and B. his wife, and their Assigns, from the 10. day of J. which shall be in the year of our Lord God, according to the Computation of the Church of England &c. for and during the term of forty years from thence next ensuing, and fully to be compleat and ended, if the said Ra. and B. his wife, or either of them so long do live, yeilding and paying therfore yearly during the said term to the said Ri. H. his Heirs and Assigns, one Pepper Corn at the Feast of P. (being lawfully demanded) for all and all manner of Rents, Suits, Services, and Demands whatsoever.
And the said Ri. H. doth also covenant &c. to and with the said R. his Executors and Administrators by these presents, That he the said Ri. shall and will before the Feast of &c. next at and upon the reasonable request costs, and charges of the said Ra. or his Assigns, convey, assure, and passe over unto the said Ra. H. and to the Heirs Males of the body of the said Ra. lawfully begotten, or to be begotten upon the body of the said B. or any other woman whom he the said Ra. shall after the decease of the said B: fortune to marry▪ All such ancient Lands Tenements Rents Reversions Services and Hereditaments, of him the said Ri. in F▪ H. and M. in the County of L. which did descend and come to the said Ri. from I. H. deceased, Father of the said Ri. as Son and Heir of the said J. together with one acre of Land, lying and being in H. aforesaid, which the said Ri. had by exchange of and from I. S: of S: in the said County of L. Esquire, for other Lands about the same quantity and quality: To have and to hold the said Lands Tenements Rents Reversions Remainders Services and Hereditaments with their appurtenances, unto the said Ra. H. and to the Heirs Males of his body lawfully begotten, and to be begotten, from and immediatly after the severall death and decease of the said Ri. H. and M. one Lease of part of the Premisses made to T. H. for the term of &c. bearing date &c. only excepted and foreprised.
And the said Ri. H. doth further covenant &c. to and with the said Ra: H: his Executors by these presents, that he the said Ri: H. shall and will before the Feast of &c. next coming, at and upon the reasonable [Page 246] request costs and charges of the said Ra. or his Assigns, convey, assure, and passe over, to the said B. H: and her Assigns, the third part of that the Mansion House of the said Ri. H. scituate and being in F. aforesaid: And all the Houses Buildings Yards Orchards Gardens Lands Tenements Meadows Leasows Pastures Feedings and Common of Pasture in F. aforesaid, and likewise the Turbary therunto belonging, with their appurt. whatsoever, together with the third part of the rent of the said Messuage or Tenement in H: aforesaid, late in the Tenure of I: L: deceased, in full recompence and satisfaction of her Dower, or Title of Dower, in or to any of the Messuages Lands or Tenements, of him the said Ri: H: in the County of L. or elsewhere in the Kingdome of England: To have, hold, occupy, and enjoy the third part of the Mansion House, and all other the last before mentioned Premisses, with their Appurtenances, to the said B. H. and her Assigns, from and immediatly after the severall deceases of the said Ri. H. M: his wife, and the said Ra: H: for and during the term of forty years then next following, fully to be expired and determined (if the said B. so long shall live) and if it shall fortune the said B. to have issue Male by the said Ra: H: then living, so that the said B. surviving and over-living the said Ra. do keep her self sole and unmarried, or do not miscarry or mis-govern her self.
And if it shall happen the said B: to have no issue Male by the said Ra: H. living at the time of the Commencement of her said estate, or to survive or over-live the said Ra: H: or after the decease of the said Ra: to joyn her self in Marriage with any person, or to misgovern her self; then the said Ri: H. doth further Grant and Covenant to, and with the said Ra: H: his Executors &c. by these presents by the same or such like Assurance, to Assure and Passe over unto the said B: before the Feast of &c. next comming, at and upon the reasonable request costs and charges of the said Ra. or his Assigns &c. one House or Cottage of him the said Ri: containing two Bayes of Building, Scituate standing and being in F: aforesaid now in the Occupation of E: G. Widow or of her Assigns, and three acres of land of him the said Ri: H: lying and being in F: aforesaid adjoyning to the said House, with the Wayes, Liberties, Easements, &c. therunto belonging, with their appurtenances, To Have and to Hold the said House or Cottage and three acres of land with the appurtenances to the said B: and her Assigns, from and immediatly after the several deceasses of the said Ri. M. and Ra: F: for and during the term of forty years from thence next following, fully to be expired and determined, if the said B: so long do live in full recompence and satisfaction of her said Dower.
And the said Ri: H: for himself, his Heirs Executors and Administrators, doth also further Covenant, Promise and Grant, to, and with the said Ra: H: his Executors and Administrators by these presents, That [Page 247] if it shall fortune the said Ra: to decease without issue Male of his body, that he the said Ri: H: shall, and will well and truly content and pay, or cause to be contented and paid to the daughter or daughters of the said Ra: H: lawfully begotten, 200 l. of lawful English money within three years next after the decease of the said Ra. for and towards the preferment and advancement of the said daughter or daughters. And that all the several Clauses, Covenants and Agreements &c. above specified, may well and truly be performed, accomplished and kept, by and on the behalf of the said Ri. H. his Heirs &c. He the said Ri: H: doth acknowledge himself to stand bound to the said Ra: in the sum of &c. and the said Ra: H: for himself &c. doth Covenant, Promise and Grant, to and with the said Ri: H: his Executors, Administrators, and Assigns, by these presents, That he the said Ra: H: his Heirs, Executors, Administrators and Assigns, shall and will permit and suffer the said M: H: his Mother and her Assigns, to Have, Hold, Occupy, and peaceably enjoy that the said Mansion House of the said Ri: in F: aforesaid. And all the Edifices, Buildings, Yards &c. therunto belonging, Together with all the Ancient, lands, Tenements, Rents &c. of the said Ri: in F: H: and M: aforesaid in the said County of L: (the Messuage or Tenement by the said Ri: granted to the said T: for the term aforesaid, and the said Tenement lately in the Tenure of the said I: L: deceased, with the Lands, Tenements, Services, &c. to the said several Messuages belonging; and likewise the Rent of the said Tenement late in the Occupation of the said I: L▪ deceased, only excepted) from the immediatly after the decease of the said Ri: H: for, & during the term of forty years from thence next ensuing fully to be expired and determined (if the said M: so long do live) to and for the most gain and profit of the said M: and her Assigns, during the said Term, yeelding &c. And the said Ra H: doth Covenant and Grant for him, &c. to and with the said Ri. H. his Executors &c: by these presents, that he the said Ra. his Heirs, Executors, Administrators, and Assigns, shall permit and suffer the said M. H. his Mother during her natural life after the decease of the said Ri. to Take, Receive, and Perceive the Rent of the said Tenement granted to the said T: H: being 20 s. by the year. In Witness &c.
An Indenture of Limitation of Ʋses upon a Marriage.
THis Indent, made &c. Witnesseth, That it is Covenanted, Granted, Covenant for Marriage. Concluded, Condescended, and fully Agreed, by and between the said parties to these presents in manner and form following; And first, the said E: S. for himself, his Heirs, Executors and Administrators, [Page 248] doth Covenant, Grant, and fully Agree to and with the Jo. O. his Executors and Administrators by these presents, That A. S. Son and Heir apparant of the said E. S: shall before the Feast of▪ [...] next ensuing after the day of the date herof by Gods permission Espouse Marry, and take to his wife A. O. daughter of the said J. O: if she the said A; O: will therunto consent and agree, and the Laws of Holy Church. the same will permit and suffer; and in like manner the said J. O. &c. In consideration of which said Marriage so to be had and solemnized, in manner Considerations and form aforesaid, and also in consideration of such sum and sums of money as are already paid and otherwise agreed upon to be paid to the said E. S. by the said J: O: and wherwith the said J: O: standeth bounden, charged, or covenanted, in any wise to pay or satisfie unto the said E: S. in consideration of the said Marriage, as also for the better continuance and preservation of the House and Name of the said E. S. with such Mannors Lordships, Lands, Tenements and Hereditaments, as hereafter in these presents are mentioned, expressed or intended to be granted or conveyed so long as it shall please God to permit and suffer the same, and for the better advancement of the said S. A. with a Covenant Joynture for the said A. and likewise for the preferment and advancement of the children, and others of the kindred, and Bloud of the said E: S: and for the natural love and affection which he beareth to them, and every of them.
It is further Covenanted, Concluded, and fully Agreed, by and between To make further Covenants and Assurances. the said parties to these presents in manner and form following. And first, the said E: S: for himself &c. doth Covenant and Grant, to and with the said J: O: his Executors, and Administrators &c. and with every of them by these presents, that he the said E. S. his Heirs within the space of &c. shall and will at the costs and charges in the Law of the said J. O. and at and upon the reasonable request or requests of the said J. O. his Heirs Executors, Administrators or Assigns, or any of them to be made to the said E. S. at &c. upon twenty dayes warning by Word or Writing, or otherwise without request by Fine, or Fines, with Proclamations in due form of Law to be Levied, Recovery, or Recoveries to be had and pursued according to the Order and Course of common Recoveries, Deed or Deeds Inrolled or not Inrolled Feoffments, or such other good and sufficient Conveyances and Assurances in the Law, as by him the said J. O. his Heirs, Executors, or Assigns, or their, or any of their Councel learned shall be reasonably devised or advised. So that the said E: S. be not inforced to travel further then &c. for the doing, making, or acknowledging of such said Fine or Fines Recovery or Recoveries, or such said other Assurance or Conveyance aforesaid, shall and will Convey and Assure, or cause to be Conveyed and Assured unto R: H: T: T: &c. and their Heirs, or to the Heirs of one of them; and to the Survivor of them and his [Page 249] Heirs, all and singular his Mannors and Lordships of S. &c. and in the said County of L: and also all and singular Suits, Seigniories, Services, Franchizes, Priviledges Courts Leets, Perquisites of Courts and Leets, View of Franckpledge, and all that to view of Franckpledge appurtaineth, and all other appurtenances, Emoluments and Hereditaments whatsoever unto the said Mannors and Lordships, or unto any of them appurtaining or belonging. And all & singular his Mannors Messuages, Mills, Dove Houses, Orchards, Gardens, Lands, Tenements, Medows, Feedings, Pastures, Woods, Under-woods, Commons, Comon of Pasture, and Turbary Rents, Reversions, Services, Appurtenances, Emoluments and Hereditaments whatsoever, within the several Towns, Townships, Fields, Hamlets, Precincts and Territories of &c. or elsewhere within the said County of L. in whose Hands or Possession soever the same be, or shall be; and also the Advowsons of the Churches Declaration dez Ʋses del Fine. of Claypole, Cottham, and Shelton aforesaid.
And for the better Declaration of the Use, Uses, and Intents and Purpose of such said Fine, and Fines, Recovery, or Recoveries, and other Estates Assurances and Conveyances, so to be knowledged, suffered, executed, or made of the said Premisses as aforesaid, it is covenanted, granted, and agreed by and between the said parties to these presents.
And the said E: T. for himself &c. doth covenant, promise, grant, declare, limit, and fully agree, to and with the said I. O. his &c. and to and with every of them by these presents, That the said Fine and Fines, Recovery and Recoveries, Estate and Estates, and other Assurances whatsoever, to be levied, knowledged, or made of the said Premisses, or any part or parcell therof as aforesaid, and the Estate Right Title Interest and Possession of them the said I: R: H: T: T: and their Heirs, and the Survivor and Survivors of them, his and their Heirs, shall be, and for ever be adjudged &c. to be, and also that the said I: R: &c. shall stand and be seised, of and in the said Mannors, Messuages Lands Tenements Rents Reversions Services appurtenances, Emoluments and Hereditaments, and of all other the said Premisses, with all and singular their Appurtenances, and every part and parcell therof, to the severall uses intents purposes agreements limitations liberties provisoes and conditions hereafter in these presents expressed, mentioned, and declared, and to no other use, intent or purpose, in any Lands appointed for the Joynture of Anne. wise, viz. Of in and upon all that Messuage, Tenement, and Farmhold, scituate, lying, and being in S. aforesaid, now or late in the Occupation of &c. And of, in, and upon all Houses Edifices Buildings Barns Stables Kilnes Dove houses Orchards Gardens Crofts Lands Tenements and Hereditaments therunto belonging or appurtaining, or therwith as part, parcell, or member therof, heretofore had, occupyed, used, demised, enjoyed, accepted, or taken, with all and singular their appurtenances, being parcell of the said Premisses [Page 250] afore covenanted, to be assured and conveyed as aforesaid, to the use and behoof of them the said A. S. and A. now his wife, and their Assigns, for and during the term of their naturall lives, and for and during, and untill the full end and term, and during all the term of the naturall life of the Survivor and longest liver of them the said A. and A. for and in recompence, and as parcell of the Feoffment or Joynture of the said A. and by and immediatly after the naturall death and decease of them the said A. and A. then to the use &c. And also of, in, and upon all the rest and residue of the said Mannors Lordships Lands Tenements and Hereditaments, and all other the said Premisses, with all and singular their Appurtenances, wherof the said Fine or Fines, Recovery or Recoveries, and other the Assurances and Conveyances aforesaid, are before in and by these presents, covenanted to be had, levyed, or knowledged as aforesaid, other then the said Messuage Tenement and Premisses, in the Possession of the said &c. and his Assigns as aforesaid, to and for the only use and behoof of him the said E. S. party to these presents, and of his Assigns, for and during the term of the naturall life of him the said E. S. without impeachment of any manner of Wast, by him the said E. S. to be charged and chargable with such Annuities, yearly Rents, Sums of money, payments, or Rents and Distresse for the same, as shall be hereafter in these presents limited or expressed, according to the true intent of these presents. And by and immediatly after the naturall death and decease of the said E. S. then to the use and behoof of &c.
Provided alwaies, and for the further explaining of the true intent and meaning of the said parties to these presents, it is further covenanted, A yearly Rent for the maintenance of A. and A. his wife, and for fulfilling up her Joynture. granted, concluded, condescended, and fully agreed by and between the said parties to these presents; and neverthelesse the said E: S. for &c. doth further covenant and grant, to and with the said Jo. O. his &c. and to and with every of them by these presents, that the said Fine and Fines, Recovery and Recoveries, and other the Assurances and Conveyances afore covenanted or mentioned to be levied suffered had or made of the said Mannors Messuages Lands Tenements Hereditamenrs and Premisses, with the Appurtenances, or any part therof, shall be, and that they the said R. H. T. T. and their Heirs, and the Survivor and Survivors of them, and his or their Heirs, shall stand and be seised of and in all and singular the said Mannors Messuages Lands Tenements Hereditaments, and other the Premisses other then &c. and excepting the said Messuage Tenement and Premisses, now in the possession of &c. as well to and for the use of such person and persons, and of and for such and the self same Estates Uses Intents and Purposes, as before in and by these presents are therof expressed and declared, neverthelesse charged and chargable, with the payments of such Rents Sums of money, and Annuall payments, as hereafter in these presents are limited, covenanted, or intended to be paid out of, [Page 251] or out of the same. And also to and for the assurance of such said Rents, Sums of money, and payments, and in such sort, manner and form, as hereafter followeth. That is to say, The said Estate and Estates, and every of them shall be, and that they the said R. H. T. T. and their Heirs, and the Survivor of them and his Heirs, shall stand and be therof, and of every part therof (except before excepted) seised to and for such use, uses, intent and purpose notwithstanding, and the use or uses therof before in these presents limited or express [...]d; That if the said E. S. during his life time and after his death, all and every other person and persons to whom the said Premisses (except before excepted) shall by force and virtue of the uses and limitations before in these presents therof declared, come, remain, or be, as they and every of them shall come to, and be in actuall and reall possession or exception of the same, or their severall Assigns, shall not, or do not yearly, from and after the day of the date hereof, for and during the term of the naturall lives of them the said A. S. and A. his wife, and for and during the term of the naturall life of the Survivor and longest liver of them, well and truly content, satisfie, and pay unto the said A. S. and A. his wife, their Executors Administrators. and Assigns, at or within &c. the whole and just Sum or yearly Rent or payment of &c. of good and lawfull money of England, yearly at two severall Feast-daies in the year, viz. By even Portions, without any further delay▪ the first payment therof to commence and begin at the Feast of &c. next ensuing the day of the date of these presents, that then and from thenceforth, and so often as the said Rent or yearly payment of &c. or any part or parcell therof, shall fortune to be behind, after the day of the date hereof, during the naturall lives of the said A. S. and A. and during the life of the Survivor and longest liver of them. It shall and may be lawfull to and for the said A. and A. his wife, or unto either of them, their or either of their Executors or Assigns, Deputy or Deputies, in that behalf lawfully authorized, at all, or any time or times thenceforth, into all and singular the said Mannors Messuages Lands Tenements and Hereditaments and all other the Premisses, with all and singular their Appurtenances (other then the said Messuage) and into every or any part or parcell therof, to enter and distrain Distresse for the Rene. as well for the said yearly Sum of money, or annuall payment of and for every or any part or parcell therof, so being behind and unpaid as aforesaid, as also for the arrerages of the same, and every or any part therof, if any be, or shall be then behind and unpaid: And the Distresse and Distresses so there taken, lawfully to lead drive take carry away and impound, and with them, or either or any of them, to detain and keep, untill such time as the said yearly Rent or payment of and every part and parcel therof, so to be behind and unpaid as aforesaid, and the arrerages therof, if any shall fortune to be behind [Page 252] and unpaid as aforesaid be unto them the said A. and A. his wife, or the one of them, their, or the one of their Executors, Administrators, or Assigns, or some of them fully contented, satisfied and paid.
Provided also, and it is further Covenanted and Agreed between Proviso to make Joyntures for Wives. the said parties to these presents, that the said Fine or Fines, Recovery, and Recoveries, and other the Assurances and Conveyances afore Covenanted or Mentioned to be levied, suffered, had or made of the said premisses or any part therof shall be, and also that they the said R. H. T. T. and their Heirs and the Survivor and Survivors of them, and his or their Heirs shal stand and be seised of and in all and singular the said premisses with the appurtenances, other then the said Messuage, to and for such intent and purpose, that it shall and may be lawful, to and for the said E. S. at any time or times during his life by his last Will and Testament in Writing or otherwise by his Writing under his Hand and Seal, to assure, appoint, limit and convey to the now wife of the said E. or any other lawful wife or wives, which he the said E: S: shall hereafter fortune to marry for term of life, only of such wife or wives or to any other person or persons to the use of any such wife or wives for term of life, only of such wife or wives, for and in the name of the Joynture or Joyntures of such said wife or wives a full third part or less, or so much as shall amount to a full third part or less of all the said Mannors, Messuages, Lands, Tenements, Hereditaments and other the premisses; so that the said Messuage be not part or parcel, therof; and so that no such Assurance, Appointment, Limitation or Conveyance shall or do extend unto, or be made of more, or any greater part of the Capital Houses, Demesne Lands, Milne and Fishings now in the annual Occupation of the said E: S: then a full third part of the same.
And further also, That it shall and may be likewise lawful to, and for Power reserved to make Leases. the said E: S: from time to time, and at all and every time and times hereafter during the term of his natural life, by his Deed or Deeds, or other lawful act or acts in Writing under his Hand and Seal, or otherwise by his last Will and Testament, to Give, Grant, Dispose, Limit, Assign, Assure, Convey, or Appoint to any person or persons whatsoever, all and every, or any the said Mannors, Messuages, Lands, Tenements, and Hereditaments, and other the said Premisses, with all and singular their appurtenances, the cheief House called &c. and the Demesnes therto belonging, and all Mils, Mil-Dams, and free Fishing, now in the possession of the said E. S. And also the said Messuage, Tenement and Lands, before, in and by these presents, Limited, Expressed or Appointed, to or for parcel of the Joynture of the said A. only excepted) for and during the term of one and twenty years, or for some shorter or lesser term of years, or for the term of one, two, or three lives, to be all in full life at the time of the making of [Page 253] such Grant, Lease Demise, or Devise aforesaid, charged or chargeable, with such rents, sums of money, and payments, as before or after in these presents are appointed, limited or declared, to be had, levied, or issuing out of the same, or any part therof, as in these presents is mentioned and declared; so alwayes that all and every such Lease and Leases, Devise and Devises, nor any of them be not made to be without impeachment of any manner of Wast, by any special Clause, Proviso or Covenant therin to be contained; and that every such Lease, Grant, Demise or Devise be so made of Lands or Tenements in possession, usually letten to Farm by the greater space of one and twenty years last Past, and not of any Lands in Reversion, and so that upon every such Grant, Lease, Demise and Devise, the old and accustomed Rent and Rents, Boons, Arrerages, Customs and Services, or more be reserved to be due and payable during the continuance of every such Devise, Grant and Lease, at the Dayes and Times, and in such manner and form as the same have been accustomed.
Provided alwayes, and it is further Covenanted, Granted, and fully For levying of money for daughters. agreed by, and between the said parties to these presents, for them, and every of them, their Heirs and Assigns, and the true intent and meaning of these presents, &c. of either of the said parties, is notwithstanding any the Limitation or Limitations of the Use or Uses aforesaid, That if it fortune the said E: S: to die having one daughter or more of his body lawfully begotten, then to be living and married, or if any such daughter or daughters shall be married, and the marriage mony of such daughter or daughters agreed upon and not fully paid at the time of the death of the said E. then if the said A: S: or the Heirs males of his body or such other person or persons to whom the said premisses other then the said Messuage by vertue of these presents shall come and remain according to the Uses and Limitations before in these presents limited and appointed, shall not, and do not content and pay yearly after the death of the said E. unto them the said R: H. T: T: or to the Survivor or Survivors of them and his or their Heirs the whole and just sum or yearly payment of of good and lawful money of England, at one whole and entire payment in and upon, yearly so long as, and untill such times as they the said R: H: T: T: or the Survivor or Survivors of them, and his Heirs, shall, may or might, have had and received the whole and just Sum of to and for the use, benefit, and behoof of the said Daughter and Daughters of the said E. S. as shall be so unpreferred in marriage, or otherwise married, and the marriage money agreed upon, and not fully satisfied at the time of the death of the said E. for and towards their better preferment, education, and advancement, the first payment therof to be made in and upon the Feast day of next ensuing after the death of the said E. that then by and immediatly after such default of payment, of any the said [Page 254] Sum or Sums of money, or of any part or parcell therof, in manner and form aforesaid, the said Fine and Fines, Recovery and Recoveries, Estate, Conveyances, and Assurances so to be had and made of all the said Premises as aforesaid, other then the said Messuage and the Execution therof shall be.
And also that they the said R. H. T. T. and their Heirs, and the Survivor of them and his Heirs, shall stand and be seised of and in all the said Mannors Messuages Lands Tenements and Hereditaments, other then the said Messuage before, in and by these presents limited and appointed, for the Joynture of the said A. to such use intent and purpose, that it shall and may be lawfull to and for the said R. H. T. T. their Heirs and Assigns, or Attornies, in that behalf, after the death of the said E. S. and after default of payment of the said Sum of yearly and so often as default of payment therof shall be made as aforesaid, from time to time, so long as, and untill such time as they the said R. H. T. T. their Heirs and Assigns, shall or may, or otherwise might have received the said Sum of to the use and benefit of the said Daughter and Daughters as aforesaid, into the said Mannor &c. and with them to detain and keep, untill they and either of them, of the said yearly Rent or payment of and every part therof, then to be due be fully contented satisfied and paid, the same to be bestowed and imployed by the said R: H: T: T: and the Survivor and Survivors of them, his and their Heirs, for and towards the preferment and advancement in Marriage, or otherwise of such said Daughter and Daughters, any use, limitation of use, other then the said yearly Rent or payment of afore limited, and for the fulfilling and making up of the Joynture of the said A. before in these presents expressed, to the contrary in any wise notwithstanding.
Provided alwaies, and it is likewise further covenanted granted and fully agreed by and between the said parties, to these presents for them their heirs and Assigns, and the true intent and meaning of these presents, and of the said parties is, notwithstanding any the Limitation of the use or uses aforesaid, that if it fortune the said A. S. to dye, having one or more Daughters, of his body lawfully begotten then to be living and unmarried, or their marriage money not fully paid at the time of the Death of the said A. S. and having also issue male of his body lawfully begotten, and then if the said issue male of the body of the said A. shall not, or do not yearly after the death of the said A. and after the death of the said E. S content, and pay unto the said Daughter or Daughters of the said A. the whole and just summe, or yearly payment of, of good and lawfull money of England, at one whole and intire payment, in and upon, yearly so long as and untill such time as such said Daughter and Daughters, or some of them shall may or might, have had and received the whole and just [Page 255] sum of to and for the use benefit, and behoof of such said Daughter and Daughters of the said A. and for default of such issue male of the body of the said A. then if the issue male of the body of the said E S. if the said E. shall have any issue male of his body lawfully begotten then to be living, shall not, or do not yearly after the death of the said A. and after the death of the said E. as they and every of them shall come and be in possession of the said Premisses, likewise content and pay unto such said Daughter and Daughters of the said A. the said whole and just Sum of &c. of good &c. at one whole and entire payment, in and upon &c. yearly, untill such said Daughter and Daughters, their Executors or Assigns, or some of them, shall, may, or might, have had, and received the whole and just Sum of &c. to and for the use, benefit, and behoof of such said Daughter and Daughters, for their better preferment and advancement, the first payment to begin at the Feast of next ensuing, after the death of the said E. and A. And for default of such Issue, then if all and every person and persons, to whom the next and immediate Remainder of the said Premises, by force, & according to the essect of the uses aforesaid, shall then next and immediatly belong and appurtain, as they and every of them shall come to and be in actuall possession of the said Premisses, shall not, or do not yearly after the severall deaths of the said E. and A: without Issue Male of their severall bodies as aforesaid, content and pay unto such said Daughter and Daughters of the said A. the whole and just Sum of of like lawfull money of England, at one whole and entire payment, in & upon &c. yearly until such time as such said Daughter & Daughters of the said A. their Executors or Assigns, or som of them shall, may, or might have had and received the whole and just Sum of to and for the said benefit and behoof of such said Daughter and Daughters of the said A. for and towards their better preferment, education and advancement, the first payment therof to be made in and upon the &c. next ensuing after the death of the said E. and A. without Issue Male of their or either of their bodies as aforesaid: Or otherwise if it fortune the said A: S: to dye, without Issue Male, or Female of his body lawfully begotten, then if the Issue Male of the body of the said E. if the said E. shall have any Issue Male of his body lawfully begotten, and for default of such Issue, if all and every other person and persons, to whom the next and immediate Remainder of the said Premisses, by force and according to the effect of the uses aforesaid, shall next and immediatly belong and appurtain, as they and every of them shall come to, and be in actuall possession of the said Premisses, shall not or do not yearly after the death of the said A. without Issue Male of his body, and after the death of the said E. shall not or do not content and pay unto the said R: H: T: T: or unto the Survivor or Survivors of them, his or their Heirs, the whole and just Sum [Page 256] of of like lawfull money of England, at one whole and entire payment, in and upon the &c. yearly and untill such time as they the said R. H. T. T. or the Survivor or Survivors of them, or the Heirs of the Survivor of them, shall, may, or might have had and received the whole and just Sum of &c. to be by them used, bestowed, paid, and imployed to and for such use and uses, and to the use of such person If A. have no Issue then the money to be levyed to such uses as E S. by his Will shall app [...]int. and persons as the said E. S. by his last Will and Testament, or other his Deed or Writing, under his hand and Seal, in his life time shall set down expresse, limit, or appoint, the first payment therof to be made in and upon &c. next ensuing after the death of the said E: S: and A. S: without Issue Male, of their or either of their bodies as aforesaid, that then by and immediatly after such default of payment of the said yearly sum of &c. or any part or parcel therof so to be made by the issue male of the body of the said A. and for default of such issue male by the issue male of the body of the said E: and for default of such issue by any other person & persons to whom the next and immediate Remainder of the said premises by force of these presents shal belong and appurtain in manner and form aforesaid, the said fine and fines, Recovery and Recoveries, Estate, Conveyance and Assurance so to be had and made of the said Premisses as aforesaid other then the said Messuage, and the execution therof shall be: And also that they the said R. H. T. T. and their Heirs, and the Survivor of them and his Heirs, shall stand and be seised of and in all the said Mannors Messuages Lands Tenements and Premisses, other then the said Messuage as aforesaid, to such intent and purpose, that it shall and may be lawfull to and for such Daughter and Daughters of the said A. their Executors and Assigns, and for default of such Issue of the body of the said A. unto the said R. H. T: T: or to the Survivor or Survivors of them, his and their Heirs, after the death of the said A. and after default of payment, and so often as default of payment shall be made by such Issue Male of the body of the said A or by such Issue Male of the body of the said E: or by such other person or persons from time to time, so long as and untill such time as the said Daughter and Daughters of the said A: And for default of Issue of the body of A then the said R: H: T: T: or their Heirs, and the Survivor of them, his and their Heirs, shall or may, or otherwise might have received the said severall Sums of money, in manner and form aforesaid, to enter and distrain, as well for the said yearly Sum or payment of as also for the arrerages therof, and for so much therof as shall so fortune to be behind and unpaid, at the time of such default of payment, by the Issue Male of the body of the said A. and in default of such Issue, by the Issue Male of the body of the said E. and in default of such Issues, by such other person and persons as is aforesaid: And the Distresse &c. to detain and keep, untill she or they and every of them, of the said yearly payment or rent [Page 257] of, &c. and every part then to be due, be fully contented, satisfied and paid any use or limitation of use before in these Presents expressed, other then the said yearly rent or payment of afore by these Presents limited, for the fulfilling and making up of the joynture of the said A. and the 400 l. to be paid to the said R. H. T. T. to the benefit and behoof of the Daughters of the said E. to the contrary thereof in any wise notwithstanding.
And it is further covenanted, granted and fully agreed, by and between the said parties to these presents, for them and their heirs, that all such Lands Tenements and Hereditaments, parcell of the Premises, which shall be demised granted devised, leased or appointed, to any person or persons, by the said E. S. according to the true intent and meaning of these provisoes, before in these presents mentioned above every part and parcell thereof, immediatly by and after such Lease, demise devise limitation or appointment, had and made, shall remain and be. And that the said fine and fines, Recovery and Recoveries, and the assurance conveyance and Estate, so to be knowledged levied, had and made of the said premisses shall be; and also that they the said R H T. T. and their heirs, shall stand and be seized of the said premisses or of so much thereof as shall be so much demised, leased, devised, or appointed as aforesaid, to the use of every such person and persons to whom the same shall be so demised devised or appointed, for and during such Term Estate and Terms, and by and under such Rents Services and Boones, Arearages, and Conditions, as shall be contained in every such said Demise, devise, and Lease, and the Reversion and Reversions thereof, to the use and behoof of such person or persons, to whom the said Lands and Tenements, should or ought, by the purport and true meaning of these presents, to have reversed, remained come or been, if no such Demise Devise Lease, or Appointment had been thereof had or made, and of like Estate and Course of Inheritance, and with such Remainder and Remainders, in like sort, and in the same order degree manner and form, to all intents and purposes, as the same should or ought to have come, Rented, remained or been, if no such Demise Devise Lease Grant or Appointment, had been thereof had or made in any wise: Provided alwaies, and it is likewise covenanted Proviso, if Ann dye without Issue by A. then the uses to be void. granted and fully agreed; by and between the said parties to these presents, for them and either of them, their and either or their Heirs and Assigns, that if the said A: wife of the said A. shall fortune to dye without any issue of her body lawfully begotten by the said A. S. at any time during the naturall life of the said E. S. that then and from thenceforth all the use uses, and charges before, in and by these presents, limited appointed created or raised, of or in the premises, other then of, and in the said Messuage, and other then the sayd Annuity or annuall Rent of by the year, before by these presents [Page 258] limited appointed, or intended unto the said A. and A. his Wife, shall cease end and determine, and that then and from thenceforth, as well the said fine and fines, Recovery and Recoveries, and other assurances aforesaid, afore by these presents covenanted to be levied knowledged suffered and made of the said premisses, and the Execution thereof shall be, and also that then, and from thenceforth, they the said R. H. T. T. and their Heirs and the Survivor of them and his Heirs, shall stand and be seised, of and in all and singular the said Mannors other the Appurrenances, and except the said Messuage and other the Appurtenances, and except the said Annuall rent, of &c. by the year before by these presents limited and appointed unto the said A. and A. as aforesaid, and of every part and parcell thereof, to the use and behoof of, &c, and the said E. S. for him for the causes and considerations aforesaid, that if the said Fine & Fines, Recovery & recoveries, and other the state before covenanted to be conveyed by the said E. S. to them the said R. H. T. T. be not lawfully and perfectly levied, knowledged, suffered, executed, and perfected, before the said Feast of He the said E. S. and his Heirs, and all and every other person and persons, and their Heirs that now are, or shall at any time hereafter stand or be seised, of all or any the said Mannors Messuages Lands Tenements and Hereditaments, not assured or not conveyed to the uses or intents before mentioned, by reason of any want or imperfection, shall for the considerations aforesaid, stand, continue and be seised therof, and of every part and parcell therof, which are not, or shall not be conveyed and assured, according to the true intent and meaning of the Covenants and limitations aforesaid, to such severall uses, intents, purposes, limitations, conditions, provisoes, and agreements as before in these presents are limitted and declared, of the same Premisses, and of every part and parcell therof, according to the true intent and meaning of these presents, any thing before mentioned, to the contrary therof in any wise notwithstanding.
And further also that the said Mannors afore covenanted to be conveyed Incumbrances. or assured as aforesaid, and every of them, and every part and parcell therof, now are, and so shall from time to time and at all times &c. except the Rents and Services from henceforth to be due and payable to the [...]hief Lord or Lords of the Fee or Fees therof, the Title of Dower of A. now wife of the said E. S. and all Conveyances Assurances, Acts and Things whatsoever, in these presents covenanted and permitted to be made or done by the said E S. and such Leases or Promisses of Leases, as have been made by the said E. S. before.
And further likewise, that he the said E. S. and the Heirs and Assigns Further assurance. of the said E. and every of them, shall and will well and truly at all and every time and times hereafter, during the term of &c. make, do, knowledge, suffer, execute and accomplish, and cause to be made, [Page 259] done, knowledged, suffered, executed, and accomplished, all and every such further act and acts, thing and things, conveyance and conveyances, assurance and assurances in the Law whatsoever, be it, or they by. Fine or Fines, with Proclamations, Recovery or Recoveries, with single or double Voucher or Vouchers, Deed or Deeds, to be lawfully and perfectly executed, or any other way or means whatsoever be it by matter of Record or otherwise, as by the said J. O. his Heirs or Assigns, or his or their Councell learned in the Law, shall be lawfully and resonably devised advised or required, for the further, better and more perfect assurance, surety, sure making, conveying and assuring of the said Mannors Messuages and Premisses, with the appurtenances, to such severall uses, intents, purposes, conditions, limitations, provisoes, matters, agreements, and things as before in these presents are expressed, set soth, limited, declared, or appointed, of the said Premisses, and every or any part of parcell of the same and to no other uses, intents, purposes, or meanings in any wise.
And wheras the said E. S. is and at this present standeth possessed for For Tithes. the term of many years, yet enduring of and in all the Tithes of Corn, Grain, and Hay, yearly coming, growing, encreasing, and renewing, of or within the Town Town-ships Feilds Hamlets or Teritories of &c. within the said County of L. and of the Tithe-barn of H. aforesaid, and of all other Tithes whatsoever, belonging unto, or usually joyned in the said Tithe-barn of and also of and in the Rents reserved upon any Lease or Leases, made of the said Premisses, or of any part therof.
Now the said E. S. for himself &c. doth covenant grant and agree, to and with the said I. O. his &c. by these presents, that all such part of the said term or terms of years and interest, of and in the said Tithe-barn, and Tithes and Premisses▪ as the said E. S. now hath, which he the said E. S. shall not hereafter grant, demise, let, or bequeath, to any person or persons, by his Deed or Deeds, under his hand or Seal, or by his last Will and Testament in Writing, shall after the decease of the said E. be conveyed, remain, come and be to the said A. to his own use, for the better maintenance of the Hospitality and House-keeping, by the said A. S. at S. aforesaid.
Provided alwaies, and neverthelesse it is the true intent and meaning Revocation of part. of all the said parties to these presents, that if the said E. S. be minded or determined at any time during his naturall life to alter and determine the State and Estate limitted in use, in such sort as is aforesaid, to the said T. S. and the Heirs Males of his body lawfully begotten and for default of such Issue to the said I. S. for term of his life without Impeachment of wast and after his decease to &c. and shall also by his deed Indented at any time hereafter to be made between the said E. S. of the one part and the said R H. T T. or the Survivor or Survivors [Page 260] of them on the other part or by his last will and testament in writing under his hand and seale declare and limit the same or such other vses as shall so seem meet and convenient to the said E. S. That then and from thenceforth the said Estates and uses limited and appointed before by these presents to the said T. S, to cease & determine and to be utterly voyd, as though the same had never been had, made, limited, or appointed. And that then and from thenceforth the said Estates and Convevances before mentioned, and every of them shall be, and that they the said R. H. T. T. and their Heirs, and the Survivor and Survivors of them, and his and their Heirs, shall stand and be seised of the said Mannors Messuages Lands Tenements and Premisses, and every part therof, to all the uses and intents afore mentioned, in such sort, manner, form, course and degree as the same are before expressed, the uses before limited to the said T. S. and the Heirs Males of his body only excepted, and afterwards to such new and other uses, and for such Estate and Estates as shall be by the said Deed indented, last before mentioned, or by the said last Will and Tastament, limited and appointed by the said E. S. to the said T. S. I. S. or to any of them, or to any other person or persons, neverthelesse charged and chargable with such Rents, Payments, and other matters as are before mentioned: In witness wherof, &c.
Judgment of Covenants of Marriage for assuring a Joynture.
THis Indenture made &c. Between the Right Honourable Sir W. C. Knight, of the most honourable Order of the Garter. Baron of B. Lord high Treasurer of England, of the one party, and the Right Honourable E. d'V. Earl of O. Lord great Chamberlain of England, Viscount B. and Lord of B. and R. of the other party, witnesseth, That the said Earl, for and in consideration of a Marriage already Consideration. had and solemnized, between him the said Earl and the Lady now his wife, Daughter of the said Sir W. C. and for and in consideration of the Sum of 3000 l. of &c. to him &c. And for a competent Joynture to be had to the said Lady A: now Countesse of O. doth covenant and grant for him, his Heirs Executors and Administrators, to and with the said Sir W. C. his Heirs Executors and Administrators, in manner and form following. That is to say, That he the said Earl or his Heirs, before the Feast of All-Saints, next ensuing the day of the date hereof, shall and will at the costs and charges in the Law of the said W. C. his Heirs Executors or Administrators, sufficiently assure and convey by Fine or Fines, Recovery or Recoveries in due form of Law to be levied and suffered, unto the Right Honourable Sir J. D. [Page 261] Knight, Lord D. of C. T. C. Sir W. F. W. Knight, and H. G. Esquire, and to their Heirs, or to the Heirs of one of them, all the Mannors Messuages Mills Tofts Lands Tenements Meadows Leasues Pastures Woods Under-woods Moors Marshes Heaths Wast ground Waters Fishings Rents Reversions Services Courts Liberties Franchises and Hereditaments of the said Earl whatsoever, hereafter mentioned and expressed, with all and singular their Rights Members and Appurtenances; Particulars differeth. This is to say, All those the Mannors Lordships Tenements and Farms of W. N B. C. I. D with all and singular their Rights Members and Appurtenances, in the County of Essex, and all and singular the Farms Granges Parks Lands Tenements and Hereditaments of the said Earl, in the said County of Essex, called or known by the names aforesaid, or any of them. And also all and singular Farms Messuages &c.
And it is Covenanted, Granted, Concluded, Condescended and Agreed by these presents between the said parties, and their Heirs, that Ʋses. the said Assurance and Conveyance, by Fine or Fines, Recovery or Recoveries to be made by the said Earl, or his Heirs to the persons aforesaid, and to the Heirs of one of them, and all other Assurances and and Conveyances of the said Mannors, and all other the premisses, and every parcel therof to he made to the said persons or any of them, before the Feast of All-Saints next coming shall be to the Uses, Behoofs, Intents and Purposes herafter expressed, that is to say, To the use and behoof of the said Earl for term of his life, and after his decease, then to the use and behoof of the said Lady Anne, now wife to the said Earl, for and during her natural life, for, and in full Recompence and Satisfaction of the Dower which the said Lady A. by reason of the said Marriage had and Solemnized between the said Earl and her, may or might by him by any way or means, challenge, claim or demand of any the Honors, Castles, Mannors, Lands, Tenements and Heredita. which the said Earl now hath, or hereafter hath had, or at any time hereafter shall or may have, during the Coverture between him and the said Lady A. and after the decease of both the said Earl and Lady A. then to those of the right Heirs of the said Earl for ever.
Provision that if the Lady Anne joyne in assurance by Fine vel alias. for aliening or conveying over any the Land limited to her for life then her estate to cease and the Feoffees to stand seised to those of strangers to them after the death of the Earl they may reconvey their interest to the use of Lady Anne back again. Provided alwayes and it is agreed between the said parties, that if it shall fortune that the said Lady A. at any time hereafter during the life of the said Earl shall be fully and perfectly resolved and determined joyntly with the said Earl, or otherwise by any way or mean, directly, or indirectly, or immediatly to levy any fine, or suffer any Recovery, or do or assent to do any thing by matter of Record or otherwise wherby the estate of, and in the premisses before limited or appointed to her the said Countess, for term of her life, or wherby any estate or term for years, or interest, or other parcel of the said estate to her limitted, [Page 262] of, and in the said Mannors, Lands, Tenements, Hereditaments and other the premisses, or any parcel therof should, or might pass or be altered, discontinued, taken away, removed, charged, incumbred or devested out, or from the said Lady A. and shall attempt or go about or put in ure any such full and perfect Resolution and Determination, that then immediatly after such attempt, or going about the said Use and Estate for life of and in the premisses before limited and appointed to th [...] said Lady A. as touching all the premisses, or such part or parcel of the premisses, or touching any such attempt, or going about shall be made, shall cease and be utterly void touching the said Lady A. And that then and from thenceforth the said Assurance and Conveyance by Fine or Fines, or Recovery, or Recoveries and other Assurances to be made to the said Sir I. D. L. D. T. D. W. F. and H. G. and to their Heirs, or the Heirs of one of them after the said estate for life before limited and appointed to the said Earl ended and determined shall be, and the said I. L. D. &c. and their Heirs, and the Heirs of every of them, and all other persons seised of the premisses shall from hencforth stand and be seised, of, and in all the premisses, or of such part and parcel of the premisses touching, and of which such attempt or going about shall be had or made to the use and behoof of W: H: Son and Heir apparant of the said Sir W: F: T: S: Esq; W: C: Esq; second Son of Sir A: C: and their Heirs, for and during the life of the said Lady A: to the end and intent, that the said W: Son of W. T. S. and W: C: and the Survivor of them, or the Heirs of the Survivor of them after the decease of the said Earl (if the said Lady A. shall fortune to over-live the said Earl) shall and may Grant over their estate to the said Lady A: in the same premisses within six weeks after the decease of the said Earl, and after the decease of the said Earl, and the said Lady A: then the said Fines, Recoveries and other the said Assurance, shall to the Uses and Behoofs before in these presents limited and appointed to be behind and to take place after the decease of the said Earl and Lady A. his wife.
Provided also, and it is Covenanted, Granted, Concluded and Agreed Power to make Leases. between the said parties, and their Heirs, that the said Earl shall, and may at all times hereafter from time to time during his life make Leases by Indentures of 21. years or under, to begin immediatly after the date of the said Indenture of any part of the said Mannors, Lands, Tenements, and other the Premisses before limited and assigned to the Joynture of the said Lady A. other then of the said Mannors and Farms of W. N: and B: with their appurtenances. And of the Scite, Orchard, Gardens, Lands, Tenements, Meadows, Leases, Pastures, Woods. Waters, Fishings, and other Hereditaments being accounted to be parcel of any of the said Mannors or Farms of W. N. and B. K. and other then the said Lands, Tenements, and Hereditaments in the [Page 263] said Parishes, Towns and Hamlets of W. E. and E. B. and also shall and may at all times hereafter from time to time during his life make Leases by Indenture for term of three lives, or four lives of any part of the said Mannors, Lands, Tenements and Hereditaments within the said County of Chester, and of the City of Chester, being then out of Lease, to begin immediatly upon the making of any such Lease or Leases, so as upon every such Lease for life or lives, or years to be made the old and accustomed Rents, Duties and Services, or more shall be yearly reserved and payable yearly during the said terms unto such to whom the immediately Reversion or Remainder therin shall be and ought to have the said Rents by the intent of these presents; and the said Assurances and conveyances of the Premises, by Fine Recovery or otherwise to be made, and every of them shall be and endure: And the said persons to whom the said Assurances and Conveyances shall be made, and their Heirs and Assigns, shall stand and be seised of the Premises and every part therof, so to be demised and let, to the use and behoof, of all and every such persons to whom any such Lease or Demise shall be made, and to the Heirs Executors Administrators and Assigns, during the said term and terms to be contained in the said Demises and Leases, according to the tenor and effect of the said Demises and Leases; So as the same Leases, their Executors Administrators and Assigns, and such others as shall have interest and terms of such Leases, shall and do content and pay, to such as shall have at that time the immediate Reversions or Remainders of the Premises, the Rents and Services to be reserved in their Leases, at the times in the said Leases mentioned, or within one month next after And do also perform the Conditions and Covenants specified in the said Indentures of their Demises, and so as they do not, nor make any wast or spoile in the Houses Buildings Lands Tenements and Grounds so to be let.
And the said Earl, for him, his Heirs Executors and Administrators, doth covenant and grant by these presents, to and with the said W. B. of B. his Executors and Administrators, that the said Mannors Lands Tenements, and other the Premises so to be conveyed and assured as is aforesaid, now be, and at the time of the said Assurance to be made, shall be, and shall or may after the death of the said Earl, and during the life of the said Lady A. continue and be of the clear yearly value of 9 l. 60 s. 8 d. over and above all quit Rents and other Rents and charges issuing payable, or going out of the premises. And over and above all usuall Fees or Wages due or usually paid to the Stewards Bayliffs Receivers Auditors and other ordinary Officers of the Premises heretofore accustomed to be allowed or paid out of or for the Premises or any parcell therof▪ other then the Fees Annuities and Charges hereafter expressed, which be issuing and going out of some part [Page 264] of the Premises, during the time hereafter declared; That is to say, to E. A: Doctor in Physick, 20 l. yearly during his life, to R. B. yearly during his life 20 l. and to either of S. S. and W. F. Esquires, during their severall liues 3 l. 6 s. 8 d. of and from which yearly Rents and Annuities he the said Earl, for him, his Heirs Executors and Adminstrators, To discharge. doth covenant and grant by these presents, to and with the said Sir W. C. his Executors and Administrators, that the Heirs Executors or Administrators of the said Earl, shall and will from the time of the death of the said Earl, and during all the life of the said Lady A. acquit, discharge, or save harmless, as well the said Lady A. and her Assigns, as the said Mannors Lands Tenements and other the Premises and every parcell therof.
And the said Earl, for him his Heirs Executors and Administrators, Coven [...]nt for further assurance. doth covenant and grant by these presents, to and with the said W. C. his Heirs Executors and Administrators, that he the said Earl and his Heirs, shall and will at all times hereafter, during the space of two years now next ensuing, make, do, and suffer to be done, at the costs and charges in the Law of the said William Barow of B. his Heirs Executors or Administrators, all and every Act and Act, Thing and Things, as shall be reasonably devised or advised by the said W. B: of B. his Heirs Executors or Administrators, or by his or any of their learned Councell in the Law, for the further assurance and sure making of the said Mannors Lands Tenements and other the Premisses, to be had, made, conveyed, and assured, as is aforesaid, to the uses intents and meanings aforesaid: So as he the said Earl or his Heirs, be not compelled for the making, doing, or suffering of such further assurance or conveyance, to travell out of the place where he or they shall be.
And the said Earl, for him, his Heirs Executors and Administrators, Covenant not to fell Timber Wood or Under-Woods. doth covenant and grant by these presents, to and with the said W. B. of B. his Executors and Administrators, that he the said Earl nor his Heirs, at any time during the life of him, and of the said Lady A. shall not fall, sell, or carry away, or cause to be fallen, sold, or carried away, any Woods or Under-woods, or Copices growing or being, or that hereafter shall grow or be, in and upon any of the said Lands Tenements and Hereditaments, in the Parishes, Towns, Hamlets, and Feilds of W. aforesaid, or any of them, untill the same Copices, Woods or Underwoods, shall be of the age of 17. years growth or more. And that he the said Earl shall at all times hereafter, during his life (if the said Lady A. shall so long live) leave, permit, and suffer so many Oakes and other Timber Trees, growing and being in and upon the Mannor of W. H. and other the Premisses, in the Parish Towns, Hamlets and Feilds of B. E. A. and E. M. to stand grow remain and be in good and sufficient Estate and Plight, in and upon the said Mannor, [Page 265] and other the Premisses, in the Parishes Towns and Hamlets last before recited, as shall be sufficient for the maintenance and supportation of the Houses Edifices Buildings Pales Inclosures Gates Bridges Stiles, and for all other necessaries, in upon and about the same Mannor of W. and other the Premisses, in the said Parishes Towns and Hamlets last before specified.
And further that the Heirs Executors and Administrators of the said Earl, shall and will at all times after the decease of the said Earl, and during the life of the said Lady A. acquit, discharge, or sufficiently save and keep harmlesse, as well the said Mannors Lands Tenements, and all other the Premises, as also the said Lady A. and her Assigns, of and from all Debts Legacies and Bequests made by the last Will and Testament of the Right Honourable J. late Earl of O. Father of the said E. now Earl of S. and of and from all and all manner of former Bargains Sales Recognizances Statute-Merchant, and of the Staple Rents Charges Annuities and other Titles Charges and Incumbrances whatsoever, had, done, or made by the said Right Honourable J. late Earl of O. Father to the said now Earl, at any time heretofore or hereafter, and before sufficient assurance of the said now Earl to be made, all Leases for years, life or lives heretofore made of the Premisses or any part therof, upon which the yearly Rents and Services heretofore used to be paid, be reserved and payable yearly, during the continuance of the said Leases: And all Leases hereafter to be made by the said Earl, according to the agreements tenors and true meaning of these presents. And all Fines for Alienations to be due for the making of any Assurance, covenanted and granted to be made by these presents, if any such Fines for Alienations shall be due, of which Fines the said W. B. of B. covenanteth and granteth by these presents, to acquit, discharge and save harmlesse, as well the said Earl, his Heirs Executors and Administrators, as the said Mannors and other the Premisses, only excepted and fore-prised; And A Covenant that the Lady Anne shall not claim Dower in any other the Earls Lands. to the end that the said Earl may be sure that the said Lady A. (if she chance to over-live the said Earl) shall not challenge or claim Dower of the residue of the Inheritance of the said Earl, nor such persons to whom he shall make any Estate for years, life, in Tail, or in Fee-simple, of any part of the residue of his Inheritance, shall be disturbed or inquieted, in the peaceable or quiet occupying and enjoying the same residue of the said Earls Inheritance, or of any part or parcell therof, nor such Bonds as the said Earl shall make for performance of any Bargain, of any part of the same residue of the said Earls Inheritance, should be in danger of forfeiture, by means of challenge, claim, or obtaining of such Dowers; Therfore the said W. B. of B. for him, his Heirs Executors and Administrators, doth covenant and grant by these presents, to and with the said Earl, his Heirs Executors and Administrators, [Page 266] that the said Lady A. (if she chance to over-live the said Earl, and if also she and her Assigns shall and may enjoy all and every the said Mannors Lands Tenements & Heredit. to her before limited and appointed for her Joynture, according to the true intent and meaning of these presents, shall within one year, next after the death of the said Earl, she then being unmarried, and the said W. B: of B. then being in life, assent, and agree unto her Joynture, limited and appointed to her, in and by these presents, so effectually, that by the same she shall be barred and excluded by the Law of her Dower, to be had of any of the Mannors Lands and Tenements, that then to fore were to the said Earl, unlesse it be for recompence of such part of her Joynture as shall be recovered, evicted, or devested from her, if any part shall be with recompence she shall and may demand and sue for, according to the Statute: Provided notwithstanding her said assent and agreement to be made as is aforesaid.
And the said Earl in consideration aforesaid, for him his Heirs and That the Feoffor and all others shall stand seised to the use above declared. Assigns, doth covenant and grant by these presents, to and with the said W. B. of B. his Heirs and Assigns, that he the said Earl, his Heirs and Assigns, and all and every other person and persons that now stand or be seised, or that hereafter shall stand or be seised, of and in the Mannors Lands Tenements and Hereditaments, and other the Premisses, with all and singular their Appurtenances, or of any part or parcell therof, shall immediatly from and after the Feast of All-Saints, next ensuing the date hereof, stand and be seised of such and so much of the said Mannors Lands Tenements and Hereditaments, and all other the Premisses, as before the Feast of All-Saints next coming, shall not be assured and conveyed by Fine or Fines, Recovery or Recoveries, or otherwise to the uses and behoofs aboue expressed, according to the intent and true meaning of these presents, to the uses intents and purposes before expressed, and to no other use intent or purpose: In witness wherof, &c.
Covenants for setling Estates.
THis Indenture made the day of &c. between the Right Honourable H. Lord S. L. upon the first part, H. S. and I. M. of the second parts and R. L. &c. G. L. of the third part, witnesseth, That wheras the said H. Lord S. is and standeth seised in possession▪ Reversion, or Remainder of any Estate of Inheritance, of and in divers and sundry Honours Castles Mannors Lord-ships Seigniories Messuages Parks Chases Lands Tenements Advowsons Liberties Franchises and Hereditaments, all which, or most part therof, have by long time remained [Page 267] and continued in [...]hd name, and blood of the said H. Lord S. And the residue having been of late time purchased and gotten by the said H. Lord S. and his late Ancestors, do yet lye and adjoyn so coveniently and commodiously, to and for other his ancient Honours Castles Mannors Lands and Possessions, that they may not well be separated divided or aliened from the same: Now for that the said H. Lord S. mindeth and intendeth to establish all the said Honours Considerations. Castles Mannors Lord-ships Seigniories Messuages Parks Chases Lands Tenements Advowsons Liberties Franchises and Hereditaments hereafter in these presents specified, to such uses intents and purposes as that the same may remain in the name, blood and kindred of the said Lord S. according to the uses hereafter therof expressed and declared, for the betrer advancement and continuance of the house honour name and blood of the said Lord S. and as a convenient portion or stay of living for the same, so long as it shal please God to permit and suffer the same. And for the advancement of such his Sons and Children, and others Male and Female, as hereafter in these presents are nominated and mentioned, and for the Fatherly love and naturall affection which he beareth unto Sir T: S. Knight, his Son and Heir apparant, and for the preferment advancement and maintenance of the Estate of the said Lady P. now wife of the said Sir T. S. with convenient stay of living for her Joynture or Dower; And for divers and sundry other great weighty, reasonable and lawfull causes and considerations him the said Lord S. therunto especially moving, he the said H. Lord S. for himself, his Heirs Executors and Administrators, doth covenant and grant to and with them the said H. S. &c. and to and with the Survivor and Survivors of them, his and their Heirs and Assigns by these presents, that he the said H. Lord S. his Heirs and Assigns, Covenant to conver the Lands &c. shall and will on this side, and before the Feast of &c. by severall fines, with Proclamations by him the said H. Lord S. in due form of Law to be had, knowledged, and levied, of the said Honours Castles Mannors Messuages Lands Tenements and Hereditaments and Premisses, and of every part and parcell therof, sufficiently and perfectly convey and assure unto them the said H. S. and J. M. or to the Survivor of them and to his Heirs, or their Heirs, or to the Heirs of the one of them, and all and singular those his Honors Castles Mannors Lord-ships Seigniories Fees Messuages Lands Tenements Parks Particvlars. Chases Franchises Liberties Free Warrens Patronages Advowsons Rents Services Cole-Mines Lead Mines Stone-Quarries, and all other his Herrditaments, lying and being in the severall Counties of York Durham Notingham Buck. and in the County of the City of York, hereafter in these presents named mentioned or recited; That is to say, all that the Honor Mannor and Castle of B. with the Appurtenances, in the said County of York, and also the severall Seigniories [Page 268] and Fees of B. and E. with the Appurtenances, in the said County of Y. with all their and every of their Rights Members and Appurtenances: And also of and in all and singular the severall Mannors and Lord-ships of E. Ʋ. and also of and in Suits Seigniories Services Franchises Liberties Jurisdictions Authorities Priviledges Courts-Leets and Perquisites of Courts and Leets, View of Franckpledge, and all that which to view of Frankpledge appertaineth, and also all other Royalties Franchises and Liberties whatsoever, unto the said severall Mannors or Lord-ships, or any of them, or any part or parcell of them, or any of them belonging, or in any wise appurtaining, together with all and singular their and every of their Appurtenances, in the said County of Y. And also of and in the severall Mannors and Lord-ships of in the County of N: and also of and in all Advowsons Suits Seigniories Services Franchises Liberties Jurisdictions Authorities Priviledges Courts-Leets and Perquisites of Courts and Leets, View of Frankpledge, and all that to which Frankpledge appertaineth, and all other Royalties whatsoever, unto the said severall Mannors or Lord-ships, or any of them, or any part or parcell of them, belonging or in any wise appertaining, with all and singular their and every of the Appurtenances: And also of and in the Mannor of H. with all and singular the Appurtenances, in the said County of B. and also of and in the Mannor of W. with all and singular the Appurtenances in the said County of D: and also of and in all Suits Seigniories Services Franchises Liberties Jurisdictions Authorities Priviledges Court-Leets and Perquisites of Courts, and Leets View of Frankpledge, and all that which to view of Frankpledge appertaineth, and all other Royalties whatsoever, unto the said severall Mannors or Lord-ships of H. and W. or either of them, or any part or parcell therof belonging, or in any wise appertaining, with all and singular their and either of their Appurtenances, and also of and in the Park and Soyl and Grounds therin, and of all the Demesne Lands of E. aforesaid, with the Appurtenances, in the said County of Y. And also of and in all those his Farms free Messuages Burgages Lands Tenements Woods Under-woods Meadows Pastures Rents Reversions Services Fishings Cole Mines Led Mines Stone Quarries and Hereditaments whatsoever, with all and singular their and every of their Appurtenances, set lying and being in and every or any of them, in the said severall Counties of Y. N. D. and D. aforesaid, or any of them. And also of and in all those his Messuages Burgages Lands Tenements Rents Reversions Services free Fishings and Hereditaments with all and singular their Appurtenances, lying and being within the County of the City of Y. And also of and in all the free Fishings at O: aforesaid, in the said Water or River of T. in the said County of Y. and also of and in the Advowson and Patronage of the Rectory and [Page 269] Parish Church of H. aforesaid, in the said County of B. and also of and in the severall Advowsons or Patronage of the severall Rectories Ʋses. and Parsonages of L. and E. in the said County of N. and also of and in the Advowson or Patronage of the Moyety of the Rectory and Parsonage of B. in the said City of Y.
And it is further Covenanted, Granted, and Agreed, by and between all the said parties to these presents for them and their Heirs, that the said several Fines so before Covenanted, to be had, knowledged and levied, as is aforesaid, and all and every other Fine, Conveyance and Assurance then before had made levied or executed, by or between the said parties to these presents, and every, or any of them, and the full force and effect of them, and every of them, of, for and concerning the premisses or any part therof, shall be and shall be adjudged, esteemed, and taken to be; and also that the said H. S. and I, M. and their Heirs, and all and every other person and persons then standing and being seised as for and concerning the said Mannors of E. F. and B. with the appurtenances in the said County of York, and also of L. S. B. and E. with the appurtenances in the said County of N. and for and concerning the Mannor of H. with the appurtenances in the said County of B. and also of and in the several Advowsons of the Rectories, Parsonages and Churches of L. and E. in the said County of N. and of H. aforesaid in the said County of B. and also of and in all Suits, Seigniories, Services, Liberties, Jurisdictions, Authorities, Priveledges, Court-Leets, Perquisites of Courts and Leets, view of Franpledge, and all that which to view of Franckpledge appertaineth, and all other Royalties whatsoever unto the said severall Mannors or Lordships last before mentioned, or any of them, or any part or parcel therof belonging or appertaining; and also for and concerning all Messuages, Meeses Burgages, Lands, Tenements, Meadows, Pastures, Feedings, Woods, Under-woods, Rents, Reversions, Services, Free-fishings, Cole-mines, Led-mines, Stone-quarries, and Hereditaments with the appurtenances in E. aforesaid with and singular the appurtenances to the only use and behoof of them the said H. S, and I. M. and of their Heirs, and of the Survivor of them and his Heirs, for and during, and untill such time only as severall Recoveries shall be, or otherwayes may be had and prosecuted by the said R. L. and G. L. or the Survivor of them and his Heirs, and in the said last recited Mannors, Advowsons and Premisses with the appurtenances, and to that intent and purpose only that the said H. S. Recoveries to be suffered. and I. M. or the Survivor of them may become perfect Tenants or Tenant of the Free-hold of the Premisses, so as several Recoveries as the Cause shall require may be had and prosecuted by them the said R. L. and G. L. or by the Survivor of them as is aforesaid, according to the usuall Order and Course of common Recoveries for assurances of [Page 270] Lands, Tenements and Hereditaments, in such Cases used and accustomed. of, for, and upon all and singular the said Mannors of E. aforesaid with the appurtenances, and also of and in the Advowsons and Patronages of the said Churches of L. E. and H. aforesaid, and also of all Suits, Seigniories, Lands, Tenements, Meadows, Feedings, Pastures Woods, Under-woods, Rents, Reversions, Services, Franchises, Liberties, Jurisdictions, Authorities, Priviledges, Court-Leets, Perquisites of Courts and Leets, view of Frankpledge and all that which to view of Frankpledge appurtaineth, Roialties, and other the premisses, unto the said last recited Mannors, or any of them belonging, and of all other the said Messuages, Burgages, Lands, Tenements, Hereditaments and Premisses with the appurtenances in E. &c. aforesaid to the several Uses, Intents, Limitations and Provisoes, and Conditions hereafter in these presents limited, expressed, declared or intended, of for and concerning the same, & to no other use, intent purpose or meaning. Declaration of the use of the fines and Recoveries.
And for the better, full and plain Declaration of the use, uses, intents, purpose and meaning of the said several Fines and Recoveries so before Covenanted, intended or mentioned to be had, knowledged, levied or suffered of the said Honors, Castles, Mannors, Messuages, Burgages, Lands, Tenements, Fees, Franchises, free Fishings, Advowsons, and other Hereditaments aforesaid.
It is Covenanted, Granted, Concluded, Condescended and fully Agreed by and between all and every the said parties to these present Indentures for them and every of them, and for their and every of their Heirs, That the said several Fines and Recoveries so before Covenanted, meant or intended, to be had, levied, knowledged and suffered of the said Premisses as aforesaid shall be, and also that they the said R. L. and S. L. and their Heirs and the Survivor of them and his Heirs, of for and concerning such and so much of the said Honors, Castles, Mannors, Messuages, Lands, Tenements, Free-Fishings, Advowsons, Patronages, Franchises, Fees, Liberties and Hereditaments, as wherof the said Recoveries are before mentioned or intended to he suffered as aforesaid, from and immediatly after the time of the suffering of the said Recoveries, and likewise also that they the said H. S. and I: M. and their Heirs, and the Survivor of them, and his Heirs of for and concerning all the rest and residue of the said Honors, Castles, Mannors, Franchises, Fees, Liberties, Messuages, Lands, Tenements, free-Fishings, Advowsons Patronages and Hereditaments, other then the same whereof the said Recoveries are before mentioned, meant, or intended to be suffered as aforesaid, from and immediately after the knowledge and levying of the said severall fines, so before in and by these presents Covenanted to be levied as aforesaid, shall stand continued and be seised to such uses, intents, purposes, conditions, limitations, provisoes, matters, agreements and things, as [Page 271] hereafter in these presents are expessed, apppointed, limited and declared and to no other uses, intents, purposes, or meanings in any wise, that is to say, of for and concerning all and singular the said mannors, Lordships and Seigniories of W. &c. in the said several Counties Ʋsis. of Y. and D. and also of and in the said Mannor of H: with the appurpurtenances in the said County of B, (the Woods and the Soile therof and the Patronage and Advowson of the Rectory and Parsonage of H. aforesaid only excepted) and also of and in all Suits, Seigniories, Franchises, Liberties, Jurisdictions, Authorities, Priviledges, Courts-Leets, Perquisites of Courts and Leets, view of Franckpledge, and all that whirh to view of Frankpledge appurtaineth, and all other Royalties; Profits, Commodities and Hereditaments whatsoever unto the said several Mannors lastly recited, or any of them, or any part or parcel of them belonging or in any wise appurtaining, except before excepted, and also of and in all and singular Messuages, Houses, Edifices to the use &c. of the said Sr. T. S. Kr. Son and Heir apparant of the said H, L. S and of the Lady P. for and during the term of the natural lives, and of the life of the longer liver of them, for and in recompence of parcel of the Joynture of the said L. P. without impeachment of Wast, only during the term of the natural life of the said Sir T. S. and from and immedily after the natural death and decease of the said Sir T. S. and the Lady P. and of the Survivor and longer liver of them to the use and behoof of the said H. L. S. and his Assigns, for and during the term of his natural life without impeachment of Wast, and from and immediatly after the natural death and decease of the said Sir T. S. and the said said Lady P. and likwise after the death of the said H, L. S. to the use and behoof E. S. Son and Heir apparant of the said Sir T. S. and of the Heirs Males of the body of the said E, lawfully begotten or to be begotten and so to the tenth Son & for default of such issue to the use &c. of all and every other the Sons of the body of the said Sir T: S: to be lawfully begotten successively one after another as they shall be born, and shall be in Seniority of age and their Heirs Males of their severall bodies to be lawfully begotten &c. and for default of such issue to the use and behoof of the right Heirs of the said H. L. S. for ever. And also of and in all and singular the several Mannors, Lordships and Seignioof T. aforesaid in the said several Counties of Y, and N. and also of and in all Suits Seigniories Services, &c. and all other Royalties, Profits, Commodities and Hereditaments whatsoever unto the said several mannors, or any of them, or any part or parcel therof belonging or in aany wise appurtaining, and also of and in all and singular Messuages Houses &c. and other Lands Tenements Rents Reversions Services Woods Under-woods and Hereditaments whatsoever, with all and singular their Appurtenances, set sci [...]uate lying and being with the Mannors Towns Town-ships Parishes Feilds and Hamlets or Territories of T. &c.
And also of and in the Patronages and Advowsons of the Churches Rectories, and Parsonages of L. and E. aforesaid or any of them, in which said last recited premisses, are parcell of the said Honors Castles Messuages Lands and Premisses, wherof the said severall fines are before covenanted to be levied as aforesaid, to the use and behoof of him the said H. L. S. and his Assigns, for and during the tearm of the naturall life of the said H. Lo. S. without impeachment of any manner of wast, and from by and immediatly after the naturall death and decease of the said H. L. S. to the use and behoof of the Lady M. S. now Wife of the said H Lord S and her assigns, for and during the term of the naturall life of her the said Lady M. S. without impeachment of Wast only in and for any Woods, Underwoods, and timber trees, standing growing or being or which at any time hereafter, shall stand grow, or be of in or upon the premisses mentioned, or any part thereof, for and in satisfaction and recompence of part of the Joynture or Dower of the said Lady Margeret, &c. And likewise also of and in all and singular the severall Mannors Lordships and Seigniories of V. &c. with the appurtenances in the said County of Y. aed also of and in all Suits, Seigniories Services Franchises Liberties Jurisdictions Authorities Priviledges Courts Leets, and Perquisites of Courts and Leets, View of Frank pledge, and all that which to view of Franckpledge appertaineth▪ and of all other Royalties and hereditaments whatsoever, unto the said severall Manners or any of them, or any part or parcell of them, or any of them belonging, or in any wise appertaining, and also of and in all those Messuages and Tenements with the Appurtenances, set lying & being in O. aforesaid, & also of & in certain Messuages Meeses Lands Tenements and Hereditaments, with the Appurtenances in R. S. and S. in the County of the City of Y. aforesaid. And also of and in the free fishing, in the said water or river of T, at O, aforesaid. to the use and behoof of the said H. Lord S. &c.
And likewise also of and in the rest and residue of the said Honours, Castles, Mannors, Lordships, Franchises, Fees, Liberties, Parks, Chases, Messuages Lands Tenements Advowsons and Hereditaments, and of all other the premisses, with all and singular their appurtenances whereof the said severall fines are before in and by these presents covenanted to be levied as aforsaid, and wherof no use is before in these presents limited or appointed to the use and behoof of him the said H. Lord S. &c.
Provided alwaies, and it is fully concluded condescended unto, granted and agreed, by and between all and every the said parties to these presents for them and every of them, and for their and every of their Heirs, and the true intent and meaning of these presents is notwithstanding, any limitation of the use or uses aforesaid that if it shall hereafter happen the said H. Lord S. or the said Sir T. S. and E. S. Esq; [Page 273] or the said H. S. the son or any of them or any of the said sons or issue male of the several bodies of them or any of them inheritable, or which shalbe inheritable of the said premisses by force of these presents, and of the uses therein limited and expressed, to dy and depart this world, the Wife or wives of them or any of them being with child or conceived with child, at or before the time of his or their death, of or with any such son or sons, or issue male, as by the true intent and meaning of these presents, or of any the limitations or Declarations of the use or uses aforesaid, should or ought after the decease of his or their Father to have had any estate or use of or in the premisses or any part thereof if such son or sons or issue male had been born in the life time of his or their Father, that then from and after the birth of every such son or sons or issue male, the said severall fines and recoveries, covenanted or mentioned, to be had levied knowledged or suffered of the said premises as aforesaid shall be, and shall be adjudged construed and taken to be. And also that they the said H. S. I. R. Lord and G. L. and their heirs and the Survivor of them and his heirs, shall stand continue and be seied of all and singular the said Honors Castles Mannors Fees Parks Chases Messuages Lands Tenements Rents Reversions Advowsons Services and Hereditaments, and every part and parcell thereof or of and in so much of the said Honors Castles Mannors, Fees Parks Chases Messuages Lands Tenements and of all other the said Hereditaments, as whereof, or wherein every or any such son or sons or issue male so to be born, shall or ought by the true intent and meaning of the Limitations or Declarations of the use and uses aforesaid or any of them after the death of his or their Father, to have had any Estate or use in the same, if such son or sons or issue male had been born in the life time of his or their said Father, to and for the use of every such son and sons or issue male, so to be born as is aforesaid, and that of and under such Estate Degree Order, course place quality condition and limitation in all and every respects, and to all intents and purposes, as if every such son sons, or issue male had been born in the life time or lives of his or their said Father, to and for the use of every such son, and sons or issue male so to be born as is aforesaid, and that of and under such Estate Degree Order Course Place Qualitie Condition and Limitation in all and every Respects, and to all intents and purposes, as if every such son sons or issue male had been born in the life time or lives of his or their said Father, and with such Remainder and limitations over in use as is before in or by these presents.
Provided alwaies and it is fully concluded condescended unto, limimited and agreed by and between the said parties to this present Indentures for them and their heirs that it shall, and may be lawfull to and for the said H. Lord S. at any time or times hereafter, during his life, to grant convey assure limit or appoint by his Deed or Deeds [Page 274] indented, sealed and delivered in the presence of three lawfull and credible persons at the least, all and singular the said Honours Castles Mannors Lordships Rectories Parsonages, Lands Tenements rents Reversions, Services profits Hereditaments, and other the said Premisses with the Appurtenances, or any part or parcell therof, or the use or possession of the same, or any part or parcell of the same, to or for any woman or women whom he the said H. Lord S. shall hereafter marry or to whom the said Sir T. S. E. S. H. S. or any heir male, or issue then next to be inheritable of the said premisses or any part thereof by force of these presents, and of the limitations and uses thereof expressed limited or appointed, or any of them, or any heir apparant, of such said heir male or issue then next to be inheritable as aforsaid, shall hereafter lawfully espouse, marry or take to his or thier wife or wives for and during only the term or terms of the naturall life or lives of such woman or women for and in the name, or in and for the augmentation of the Joynture of such woman or women, wife or wives.
And further also that in like manner it shall and may be lawfull to & for the said H Lord S. Sir T. S. and also to and for the said H. S. the Son, Liberty to make Leases. and for all and every the sayd Sonnes, and Issue males or females of the several bodies of the said Sir T. S E. S: & H. S. and to and for every of the Issue males and females of the severall bodies of the said severall sons and Issue males aforesaid being seised of the Premisses or any part thereof in his or their demesne as of Freehold or fee-taile by force of any the uses or limitations herein before expressed by his their or any of their Deed or Deeds Indented or by his their or any of their such last will and testament in writing as shal be sealed and subscribed with his or their or any of their hand or hands, and pronounced and affirmed in the presence of 3 or more lawful witnesses to be his or their last will, to make any demise or demises Lease or Leases Devise or devises of such of the said premisses, or of such part thereof, as whereof they the said H. Lord S. Sir T. S. E. S. or H. S. the son or any of the said sons issue or issues male or female, or any of them shall then be seised of in actuall and reall possession (other then of the Castle of B the Park of B. those Lands and grounds now known named used and occupied, as the demesne Lands of and to the said Castle of B. and and the Lead-mynes and Cole-mynes, being within the severall Mannors of B. and P. aforesaid, or any of them) to any person or persons, to have and to hold the same, from and after the time of the making of such Deed or Deeds Lease or Leases devise or devises or any of them to any person or persons for and during the term of fourscore years or of any lesser term of years, and not above, so as the same Lease or Leases Devise or Devises be not made to be without impeachment of wast, by any speciall covenant clause or matter for that purpose to be contained within any such deed or deeds or last Will and Testament [Page 275] and so as the same be made in such sort as that the same do or shal end determine or expire by or upon the deaths of any one person or of two persons or of three persons at the most, or otherwise from and after the time of the making of such Deed or Deeds or last will and testament for and during the terme or termes of 21 yeares at the most or for any lessor term of years and not above from the time of the making of such Deed or Deeds or last will and testament and so that in and upon every such demise or demises lease or leases devsse or devises to be made for twenty years or under or for the term of fourescore yeares or under, determinable upon the death of one two or three persons as is aforesaid there be reserved and limited to be paid yearly during such term or terms to such person or persons for the time being to whom the Immediate Freehold of the things so to be demised letten or devised by the intents and true meaning of these presents, shal from time to time during the continuance of such term or terms appurtain such yearly Rent or Rents, and other sureties Boons customes arerages and services, or more as are at this present yearly answered paid or done for the said premisses by the now renants Farmers or occupiers of the same. And further also that it shall and may be likewise lawfull to and for the said Sir T. S. E. S. his son and heire apparant and the said H. S. and also to and for every or any of the son or sons heirs males or Issue male of the severall bodies of the said S. E. Sir S. H. his said son & of H. S. the son and to and for every the said sons and Issue males of severall bodies of the said sons and Issue males as is aforesaid, being then seised in their or any of their demesne as of freehold, or in tale by force of any the uses or limitations herein before expressed, of or in any of the said Lands Tenements and Hereditaments, herein before expressed or of any part thereof in or by his their or any of their Deed or Deeds Indented by him or them to be sealed and subscribed, and in the presence of two or morelawful and credible witnesses at the least or by his will last &c. by him or them pronounced or affirmed to be his or their last will to appoint limit give or devise any part of such and so much of the said Honors Castles Mannors Lorships Advowsons Personages Messuages Lands Tenements, and of all other the said Premisses, with all & singular their appurtenances as he or they shall then so stand or be seised of as is aforesaid not exceeding in ancient yearly value or rent the sum of foure hundred pounds by the yeare of to or for any woman or women which they or any of them shal at any time or times hereafter lawfully espowse marry or take to his their or any of their wife or wives or which shal be married to the son and heir apparant of any such son or Issue male, & who then shall stand and be thereof seised as before is mentioned for her or their Jointure or Dower during the naturall life or lives onely of such woman or women so as the said gift devise Limitation or Appointment for Joynture or Joyntures be [Page 276] not made to be without Impeachment of wast by any speciall Covenant clause or matter for that purpose to be contained in any such Deed or Deeds or last will.
And further also that it shall and may be like wise lawfull to and for Liberties to grant annuities to younger sons the said Sir T. S. His said son and heir apparant and to the said H. S. The son and also to and for every of the said son or sons male or Issue male of the said several bodies of the said Sir T. S. E. S. his said son and heir apparant and of H. S. the son and to and for every of the said Issue male of the severall bodies of the said severall sons and Issue male having as is aforesaid the lawful actual and real possession of the Free-hold of the said Premisses or of any part thereof likewise in or by his or their or any of their Deed or Deeds Indented by him or them to be sealed and subscribed and in the presence of two or more lawfull witnesses or in or by his or their last will and Testament in writtng by him or them to be sealed and subscribed and in the presence of two or more lawfull witnesses by him them or any of them pronounced and affirmed to be his or their last will to appoint limit give or devise all or any part of such and so much of the said Honors Castles Mannors Lordsships Advowsons Messuages Lands Tenements, and of all other the said Premisses with all and singular their Appurtenances as he or they, or such of them so making such Deed or last will shall then be seised of an Estate of Freehold or in tail as before is expressed, to or for every or to any of the younger son or sons of them or any of them as to such person so makeing such Deed or last will shall be thought meet or Convenient (other then of the said Castle of B. park of B. and the Mannors of R W. and R. in the said Countie of Y and all the Farmes Messuages Burgages Lands Tenements Woods Underwoods Meadowes Pastures Rents Reversions Services Cole mynes, Leadmynes Stone-quarries and Hereditaments whatsoever, all and singular their and every of their Appurtenances let lying or being in B. &c. and every or any of them for the better livelihood maintainance Education and preferment of such said younger son or sons or to any other person or persons to the use or uses of such said younger son or sons for and during the term of the natural life and lives of such said younger son and sons only and not for any longer time or term so that the same Premisses or such part thereof as shall be so devised granted limited or appointed by such Deed or will to such said younger son or sons as is aforesaid shall not or do not exceed and amount in yearly Revenues profit and rent of by year for every or any such said younger son or sons or any of them such of them as to whom or to whose use such devise limitation or appointment so to be made to such said younger son or sons as is aforesaid severally to every or any such said son or sons & not Joyntly one with an other and so that every such gift devise limitation or appointment so to be made to such said younger son or sons as aforsaid and the estate [Page 277] so therof and therin to be given granted devised limited or appointed, shall expire and end, upon the death of such said younger Son only, as to whom or to whose use such said Grant Devise Limitation or Appointment shall be so made as is aforesaid, and so as also such and every or any such said Gift Devise Limitation or Appointment, for such said younger Son or Sons as aforesaid, be not made to be without impeachment of Wast, by any speciall Covenant Clause or Matter for that purpose, to be contained in any such Deed or Deeds, or last Will: And so as also the said Devise Limitation or Appointment shall be no incumbrance of the Lands Tenements or Hereditaments before limited, for the Joynture of the said Lady P. or of any part therof, or of such Lands and Tenements as shall be demised devised or leased, according to the form and effect of these presents, or otherwise conveyed or assured in Lease as before is mentioned.
And it is further also likewise fully Covenanted, Granted, Concluded, Provision for daughters unpreferred. Condescended unto, Limitted and Agreed by and between the said parties to these present Indentures, for them and their Heirs, that if it shall happen or fortune at any time or times hereafter, the said Sir T. S. E. S. his said Son and Heir apparant, or the said H. S. the Son, or any the Son or Sons, Heirs Male or Issue Male of the several bodies of the said Sir T. S. H. S. or of the said H. S. the Son, or any the said issues Male of the several bodies of the said H. Lo. S. or of the several sons and issues Males aforesaid, being then seised of the premisses, or of any part thereof in his Demesne as of Fee-taile, or in his Demesne as of Free-hold by force of any of the Uses, Limitations before expressed, or any of them, and having issue one only daughter and no more of his or their body or bodies lawfully begotten, and which at the time of his or their death shall be unpreferred, and not sufficiently advanced in Marriage by her said Father, or otherwise to to have two or moe daughters of his or their bodies likewise lawfully begotten, and which at the time of his or their death shall be unpreferred and unadvanced in marriage by their said Father, as is aforesaid, That then it shall and may be likewise lawful to and for Sir T. S. E. S. his said son, and the said H. S. and also to and for every, or any other of the said son or sons, Heirs Male, or issue Male of their or any of their several bodies, and to and for every of the said issues Male of the several bodies of the said several sons and issues male being then seised of the Premisses, or of any part therof in his or their Demesne as of Free-holds or Fee Taile by force of any of the Uses or Limitations herein before expressed, in like manner in or by his or their or any of their Deed or Deeds Indented by him or them to be sealed and subscribed in the presence of two or moe lawfull witnesses, or in or by his or their last Will and Testament in Writing by him or them to be Sealed and Subscribed, and in the presence of two or moe lawfull [Page 278] witnesses, by him, them, or any of them to be pronounced or affirmed to be his or their last Will, to appoint, limit, give, devise, and demise Limitation. such and so much of the said Honors, Castles, Mannors, Lordships, Advowsons, Messuages, Lands, Tenements, and all other the premisses with all and singular their appurtenances, wherof he or they, or such of them so making such Deed, or last Will shall be then seised as is aforesaid, to or for every or any such daughter or daughters or such of them as shall be so seised as before is mentioned, and shall so make such Deed, or last Will as aforesaid, not exceeding the ancient Rent and yearly value of 200l. by year, other then of the Castle of B. and of all the said Farms, Messuages &c. for any other person or persons, to the Use or Uses of such said daughter or daughters, for their or any of their better Livelihood, Maintenance, Education and Preferment in marriage, for and during such time and term, and until such time and term as such said daughter or daughters, or other person or persons to her or their or any of their Uses to whom such Grant, Devise, Limitation, Demise or Appointment shall be so had or made as is aforesaid, or may, or otherwise without fraud, coven or collusion, might have lawfully (of the Rents, Issues, and Profits yearly comming, growing, arising, or renewing of the said Premisses, so to be given, granted, demised, devised, limitted or appointed, or of such fines or other casualties as shall or may without fraud or coven, be received to or for the occupation or injoying therof or any part therof) received, perceived and taken, and such sum and sums of mony as shall or otherwise might suffice to content satisfie and pay unto such said one sole daughter, if there be no more of him or them, which shall or may by the true meaning of these present Indentures, and of the Uses therin limited and appointed, make such said Gift, Grant, Demise, Devise, Limitation, or Appointment at the time of his or their death to be living and not married nor otherwise sufficiently preferred as is aforesaid, the whole and just sum of 1000 l. of good &c. for and towards the Education, livelihood, maintenance and preferment in marriage, as is aforesaid of the same sole and only daughter; and if there happen to be more then one then for and until such time as such said daughters, or such other person or persons to whom any such Grant, Devise, Limitation, Demise or appointment, shall be so had or made to the use of such said daughters, or any of them as is aforesaid, shall or may, or without fraud, covin, or collution, might have lawfully (of the Rents, Issues, and Profits yearly comming, growing, arising, or renewing, of, or in the said premisses, so to be given granted, demised, devised, limited, or appointed for that purpose or intent) have received, perceived and taken such sum and sums of money as may or otherwise (over and above all charges and reprises) might suffice to content, satisfie and pay unto such said daughters of him or them, which shall or may by the [Page 279] true meaning of these present Indentures, and of the Uses therin limited and appointed, making such said Grant, Devise, Demise, limitation or appointment, and having more then one daughter at the time of his or their death to be living and not married, nor otherwise sufficiently preferred, as is aforesaid, viz. To either and every of them the whole and just sum of &c. for and towards their and every of their Education, livelihood, maintainance, and preferment in marriage, or otherwise as aforesaid so as the said Gift, Devise, limitation or appointment be no incumbrance, to or for the Lands, Tenements, or Hereditaments before limited or appointed to or for the Jointure of the said Lady P. or of any part or parcel therof, or of any Lands, Tenements or Hereditaments to be demised devised or leased according to the form and effect of these presents, for or concerning the same Devises, Leases or Grants, or any of them.
And for the further security and sure making of all and singular, For making good of such Leases as shall be made of the Premisses. and every part therof, to be demised or letten, according to the true intent and meaning of these present Indentures.
It is further granted, condescended unto, and fully agreed by and between all and every the said parties to these presents, for them and their Heirs, and every of the said parties, doth covenant, grant, conclude, agree, to and with the other of them, their Heirs Executors and Administrators, and every of them by these presents, that the said severall Fines and Recoveries so before in and by these presents, covenanted, mentioned, intended, meant, or specified to be had, made, knowledged, levied or suffered, of the Premisses, and of every or any part or parcell therof, shall be adjudged, construed, and taken to be. And also that they the said H. S. I. M. R. L. G. L. and their Heirs, and the Survivor and Survivors of them, his and their and every of their Heirs shall stand and be seised, of, for, and concerning such and so much of the said Mannors Lands Tenements and other the Premisses, as shall be so demised, letten, or devised as is aforesaid, by them the said Sir T. S. E. S. his said Son, and H. S. the Son, or any of the said Son or Sons, Heirs Male, or Issue Male of the severall bodies of the said Sir T. S. E. S. and H. S. or any of the said Issues Males of the severall bodies of the said severall Sons, and Issues Male, being then at the time of such said Demise, Grant, Limitation, or Appointment, to be had or made as before is mentioned, seised in their or any of their Demesne as of Free-hold, or Fee-tail, by force of any the Uses, Limitations, or Estates herein before mentioned, to the use of all such and so many of the person and persons aforesaid, and of their Executors Administrators and Assigns, to whom such Demise and Demises, Lease or Leases, Devise or Devises, for any such term or terms of years shall be made, according to the intent and true meaning of every such Demise Lease or Devise so therof to be made, in such sort as shall be limited, [Page 280] specified, or meant, in or by such Demise, Lease, or Devise, for the person or persons to whom such Demise, Lease, or Devise, and for the Executors Administrators and Assigns of them and every of them; To have and to hold and enjoy the things to him or them so to be demised, leased, or devised, for and during only such and so long time or the term or terms, for the which such Demise or Demises, Lease of Leases, Devise or Devises shall be had or made as is aforesaid: So as every such person or persons, to whom such Demise or Demises, Lease or Leases, Devise or Devises shall be so made, and his and their Executors Administrators and Assigns, having sufficient notice and knowledge to whom the same by the true intent and meaning of these presents, shall of right belong and appertain, shall well and truly pay or cause to be paid to such person or persons for the time being, to whom the next and immediate Reversion or Remainder of the thing or things, to him or them so to be demised, letten, or devised, shall during such term or terms appertain, the yearly Rent or Rents in or by such Demise, Lease or Devise to be reserved or mentioned, to be reserved at the day in or by such Demise, Lease, or Devise, according to the reservation, or clause of reservation therin to be contained to be limited or appointed, according to the true meaning of such Deed or Deeds, or last Will and Testament, in or by the which such Demise, Lease, or Devise shall be so made, or within one and twenty daies at the furthest, next after demand made of and for the said Rent or Rents or such part therof, as in respect or by reason of such Demise Lease or Devise, Deed or Deeds or last Will and Testament, then shall or ought to be due and payable. For making sure of Joyntures and Annuities for young Sons and Daughters.
And that as for and concerning all and so much of the said Premises as shall be by the said H. Lord Sir S. T. S. E. S. the Son, or any of the Issues Male of the severall bodies of the said severall Sons and Issues Male, or any of them limited appointed given disposed or devised to or for the Joynture or Joyntures of any such woman or women, for her or their Joynture, for term of the naturall life of such woman or women, or to or for any such younger Son or Sons, Daughter or Daughters of such and every such of them, as by and according to the intent and true meaning of these present Indentures, and of the Uses and Limitations therin expressed, is or shall be paid, made, provided, limited, or declared, or to or for any other person or persons, for their or any of their Uses, according to the purport and true meaning of such Deed or Deeds, or last Will and Testament, wherin or wherby such Limitation Appointment, Gift, or Devise, shall be had made or specified as is aforesaid, and after the Decease of every such woman or women, younger Son or Sons, and after the satisfaction of such severall Sum and Sums of money, as to the said Daughter or Daughters shall by the intent and true meaning of these presents, belong or [Page 281] appertain, and as the said uses Provisions and Limitations herein before expressed, by the true meaning and intent of these present Indentures, shall severally end and determine, then to the use of such person and persons, as by the true intents and limitations, or of any of the Limitations in use aforesaid, should or ought to have the same, if no such Limitation Appointment Gift or Devise, to or for them, or any of them, had been so therof had made limited or appointed in any wise, and of and for such Estate and Estates, and in such order, form, course, nature, quality, and degree, and with such Remainder and Remainders therof, over and by, and upon, and under such Provisoes and Limitations, as the same person or persons, by the true intent and meaning of these presents should and ought to have been or remained, if no such Limitation, Appointment, Gift, or Devise had been therof had or made, to or for such woman or women, younger Son or Sons, Daughter or Daughters, as before in and by these present Indentures, are limited and expressed: And the said H. Lord S. for and upon the causes and considerations aforesaid, doth for him self and his Heirs, That all persons seised, or which shall be seised of the premisses, shall stand seised to the Ʋse [...] in these presents expressed. for the further security and sure making of all and singular the Premises, to the severall Uses aforesaid, and according to the intent and true meaning of these presents, also covenant, grant, and agree, to and with all and every the parties to these present Indentures and their Heirs.
And it is also further covenanted, granted, and agreed, by and between all and every the said parties to these presents, for them and their Heirs and every of them, that he the said H. Lord S. his Heirs and Assigns, and all and euery other person and persons, and their Heirs, which from and after the said Feast of &c. next coming, shall stand and be seised of all or any of the said Honors Castles Mannors Lordships Seigniories Advowsons Patronages Messuages Lands Tenements Hereditaments, and other the said Premises, with the Appurtenances above mentioned, and every or any part or parcell therof, and which before the said Feast of &c. next coming after the date hereof, shall not be well and sufficiently by Fine or otherwise conveyed and assured, to the several uses purposes and intents before in these presents mentioned, or wherof no such Fine or Fines, Recovery or Recoveries as is aforesaid, shall be before the said Feast-day of &c. as aforesaid, had, levied, knowledged, and suffered, of and in every part and parcell therof, according to the said intent and true meaning of these present Indentures. shall at all time and times, and from and after the said Feast-day of &c. for the considerations herein before expressed, stand and be seised of and in the same, and every part therof, to the severall uses purposes and intents before in these presents expressed, limited, and appointed, and in such sort manner form quality degree nature and condition, and of and for and [Page 282] of, and in such Estate and Estates, and under and upon such Provisoes Limitations and Authorities, and according to the true intent and meaning of these present Indentures, in such ample large and beneficiall manner and form, to all intents constructions and purposes as the same should or ought to have grown, been raised or taken, any effect in case the said severall Fine and Fines, Recovery and Recoveries, so before in and by these presents, covenanted mentioned intended or agreed to be had levied knowledged or suffered of the said Premisses, had been had and executed, according as before in these presents are expressed. Provided moreover, and it is also by these presents Proviso and liberty that if the Grantor, or any the Issue Male fortune to be taken Prisoner, that they may sell certain Lands for the ransom. further granted, concluded, condescended unto, and fully agreed by and between all the said parties to these present Indentures, for them and their Heirs, notwithstanding the Premisses, and notwithstanding any thing before in these presents specified, that if it shall fortune at any time or times hereafter, the said H. Lord S. the said Sir T. S. the said E. S. or H. S. the Son, or any of the said Son or Sons, Heirs Male or Issue Male of the severall bodies of them, or any of them, or any of the said Issues Males of the severall bodies of the said severall Sons and Issues Male, or any of them, being then seised of the Premises, or of any part therof, in his or their Demesne as of Free-hold, or Fee-tail, by force means or virtue of any of the uses limitations or estates herein before expressed, at any time or times hereafter to be taken captive or Prisoners in the time of War, or other Service of our Soveraign Lady the Queens Majesty, her Heirs or Successors, and in defence of her or their Highnesse Crown or Realm, by any forraign or adverse Prince, Power, or Force, that then and at all times from thenceforth during such Captivity or Imprisonment, and before any full ransom paid for his or their delivery, if he the said H. Lord S. and the said Sir T. S. E. S. and H. S. the Son, or any of the Son or Sons, Heirs Male or Issue Male, of the severall bodies of them, or any of them, or of any of the said Issues Male, of the severall bodies of the said severall Sons and Issues Male, or any of them, being then (as is aforesaid) seised of the said Premisses, or of any part or parcell therof, in his Demesne as of Free-hold, or Fee tail, and so being taken Captive and Prisoner as aforesaid, and for the payment of his or their reasonable Ransom, or any Sum or Sums of money, for his or their Delivery, shall or do, in or by his or their Deed or Deeds, Writing or Writings, knowledged and inrolled in any of the Courts of Record of our said Soveraign Lady Elizabeth the Queens Majesty, or her Heirs or Successors at Westminster, or otherwise in or by his or their Deed or Deeds, Writing or Writings indented by him or them to be sealed and subscribed, in the presence of two or more lawfull and credible Witnesses declare limit or appoint, that all and every or any of the use or uses in these presents limited or mentioned, of all or such of the said Honours Castles Mannors [Page 283] Lord-ships Advowsons Patronages Lands Tenements and Hereditaments, and other the said Premisses before mentioned, with the Appurtenances, wherof such person or persons so making such declaration limitation or appointment as aforesaid, shall be then actually seised in his Demesne as of Free-hold, or in Fee-tail, as before is mentioned, or of any of them, or of any part parcell or member of them, or any of them in the whole, not exceeding the yearly value of 200 l. by the year, other then of the said Castle of B. &c. and Hereditaments Exception. whatsoever, with all and singular their and every of their Appurtenances set lying & being in E. &c. and every or any of them as is aforesaid, That then and from thenceforth, as well all and every such use and uses and limitations, as are before in these presents mentioned, and shall happen so to be declared limited or appointed to cease or to be ended and determined, and all and every Estate and Estates, Interest and Interests, had made raised or wrought, by reason means or in respect of these presents, or of any the severall Fine or Recoveries, Clauses or Articles Other Exceptions above mentioned, or any of them, or otherwise then for and concerning the said Leases and Joyntures, provided intended or limited to be had and made as aforesaid, and either of them shall cease and determine, and otherwise be meerly and utterly adnihilated and made void, for and concerning such and so much of the said Honors Castles Mannors Messuages Lands Tenements and other the said Premisses, and every part therof, wherof the said use or uses shall be so declared limited or appointed to cease or to be altered avoided ended and determined, in manner and form aforesaid, and not otherwise (saving and accepting such Use and Uses, Estate and Estates, Devise and Devises, Lease and Leases, Demise and Demises, Appointments or Limitations, or any term or terms of year or years, or for the life or lives of any Wife or Wives, Woman or Women, younger Son or Sons, Daughter or Daughters, as shall according to the true intent of these presents be made limited or appointed by them the said H. Lord S. Sir T. S. E. S. and H. S. the Son or any of the said Son or Sons, Heirs Male or Issue Male of their or any of their severall bodies, or by any of the said Issues Male of the severall bodies of such said Son or Sons, or Heirs Male, being then seised in his or their Demesne as of Fee-tail or Free-hold, of or in the said Premisses as aforesaid, or of any part or parcell therof: And that then and from thenceforth the said severall Fines and Recoveries so to be had levied and suffered of the said Premisses, wherof the Use or Uses aforesaid, shal be so declared or appointed, to cease, shall be, and shall be adjudged, construed, and taken to be. And likewise that they the said H. S. I. M. R. L. and G. L. and their Heirs, and the Survivor and Survivors of them, and his and their Heirs, shall from thenceforth stand and be seised of such of the said Premisses, wherof the use or uses aforesaid shall be so declared or appointed to cease, and of every or any [Page 284] part or parcell therof, to the only use and behoof of such of them the said H. Lord S. Sir T. S. E. S. and H. S. or any other Son or Sons, or Issue Male of their or any of their severall bodies, or any the Issue Male of the severall bodies of the said severall Sons, and Issue Male as shall so then stand or be seised, in his or their Demesne as of Free-hold or Fee-tail, of or in the Premisses, or of any part therof, and shall so make such Declaration. Limitation, or Appointment, for the ending and determining of the Uses before in these presents limited, of the said last recited or mentioned Premisses, their Heirs and Assigns for ever, to that intent and purpose only, that it shall and may be lawfull to and for them and any of them, so being taken Captive and Prisoner, and making such declaration, limitation, or appointment, for the ceasing and ending of the said Uses, in manner and form aforesaid, and every or any of them. And likewise also that they, or such of them as shall make any such declaration or appointment, for such ending or determining of the Uses aforesaid, to be had or made as is aforesaid, shall have full authority and power, freely clearly and absolutely to bargain alien sell and convey such and so much of the Premisses, wherof he or they shall be then seised as is aforesaid, not exceeding the value of 200 l. by the year (except lastly excepted) as wherof such declaration limitation or appointment, for the ending or determining of the Uses before in these presents raised or limited, or any part or parcell therof, shall be so had or made as aforesaid, or otherwise the Reversion or Reversions, Remainder or Remainders therof to any person of persons whatsoever, in Fee-simple Fee-tail, or any other Estate whatsoever, saving and alwaies excepting and reserving, that such said Bargain Sale Grant Conveyance, and other Assurance so therof to be made, for the payment of such said Ransom or Sum or Sums of money for the same purpose or intent, be not or may not be adjudged construed or taken to be prejudiciall or hurtfull to any Estate or Estates, Demise or Demises, Lease and Leases, Devise and Devises, Appointment or limitation of any term of years, or of life or lives of any wife or wives, woman or women, younger Son or Sons, Daughter or Daughters, as shall then before have been, according to the true intent of these presents, therof made limited or appointed to them or any of them, in any wise.
Provided likewise, and moreover it is by these presents finally Concluded, Revocation. Covenanted, Granted, Condescended unto, and Agreed by and between all the said parties to these presents, for them and their Heirs, notwithstanding the limitations, declarations and creating of the Use or Uses in or by these presents as is aforesaid. And notwithstanding any thing before in these presents, That if the said H. Lo. S. at any time or times hereafter, in or by his Deed or Deeds in Writing or Writings, indented, knowledged, and inrolled in any of the Courts of [Page 285] Record of our said Soveraign Lady the Queens Majestie, her Heirs or Successors, declare limit or appointe, that all and every the use and uses or any of the Use or Uses, in these presents before limited or mentioned of all the said Honors, Castles, Mannors, Lordships, Advowsons, Lands, Tenements and Hereditaments, and other the premisses before mentioned with their appurtenances or of any of them, or of any part, parcel or member of them or any of them shall cease, or in any wise or sort whatsoever be adnihilated, altered, abridged, made void or determined, that then and at all times thenceforth, and so often, as well all and every such Use and Uses so to be declared, limited or appointed to cease, or to be altered, abridged, or made void and determined, and all and every estate and interest, estates and interests, had, made, raised or wrought, or to be had, made, raised, or wrought, by reason or in respect of these presents, or of any the several Fines, Recoverie or Recoveries above mentioned, shall accordingly cease, determine and be adnihilated, altered, abridged, made void and determined, for and concerning such and so much of the said Honors, Castles, Mannors, Lordships, Advowsons, Messuages, Lands, Tenements, Rents, Reversions, Services and Hereditaments, and of all other the said premisses wherof the said several Fines afore mentioned, are Covenanted to be levied as aforesaid, wherof the said Use or Uses shall be so declared, limited or appointed to cease or to be altered, abridged or made void and determined (saving and excepting such Use and Uses, Devise and Devises, Lease and Leases, Demise and Demises, Appointment or Limitation of any term or terms, as is or shall be made according to the form and effect of these presents by the said H. Lo. S. and also such use and uses, estate and estates as are appointed or limited by these presents, for or during the natural life of the said Lady P. as are before in and by these presents, or at any time shall then before behad, limited or appointed, to or for the said Joynture of the said Lady P. And also that the said several Fines and Recoveries so to be had, made, levied, knowledged, suffered or executed by the said H. Lo. S. and all and every other Fine and Fines, Conveyance and Conveyances to be had or made therof, or of any part therof shall be, and shall be adiudged, construed and taken to be. And also that they the said H. S. I. M. R. L. and G. L. and every of them, and the Survivor and Survivors of them, and of every of them, and their, and every of their Heirs and Assigns, and every of them shall stand and be seised of, and in such and so much of the said Honors▪ Castles, Mannors, Lordships, Fees, Advowsons, Messuages, Lands, Tenements and Hereditaments, and of all other the said Premisses, or of any of them, wherof the use or uses aforesaid, or any of them, or any such use or uses as is aforesaid, shall be so declared, limited or appointed to cease, or to be altered, abridged or made void, and determined, to and for the only use and behoof of the said H. Lo. S. and of [Page 286] his Heirs and Assigns for evermore, subject and charged alwayes notwithstanding to and with such Lease and Leases, Demise and Demises, as the said H. Lo. S. shall hereafter grant or limit to any person or persons according to the form and effect of these presents, and to and with the uses, interests, and estates before limited or meant, or intended to be, to or for the said Lady P. her Joynture as is aforesaid. But yet notwithstanding if at any time or times hereafter the said H: Lo, S. in or by his Deed or Deeds, Writing or Writings, knowledged and Inrolled in any Court of Record of our Soveraign Lady the Queens Majestie, her Heirs or Successors, shall give, declare, dispose, limit or appoint all and singular the said Honors, Castles, Mannors, Lands, Tenements, Rents, Reversions, and Hereditaments and all other the said premisses, wherof the said severall fines are before covenanted to be levied as aforesaid, or any of the same, or any part therof, or any Use or Uses, Estate or Estates, Possession or Interest, of or in the said Honors Castles Mannors Messuages Lands Tenements and Hereditaments and Premisses, or of or in any part therof, to or for any person or persons, or in any sort whatsoever: That then and from thenceforth the said severall Fine and Fines, Recovery and Recoveries, to be had levied knowledged or suffered, by or for the said H. Lord S. and the said H. S. I. M. or by or for the Survivor and Survivors of them, shall be, and shall be adjudged construed and taken to be. And also that they the said H. S. I. M. R. L. and G. L. and every of them, and the Survivor and Survivors of them, and their and every of their Heirs, shall stand and be seised for and in such and so much of the said Honors Castles Mannors Lands Tenements Hereditaments and Premisses, or of any of them, as of for or concerning the which, any such Gift Disposition Declaration Limitation or Appointment, in or by such Deed or Deeds enrolled, shall be so had or made by the said H. Lord S, to and for such Use and Uses, and to the Use of such person and persons, and of and for such Estate and Estates, Interest and Interests, and in such nature course quality and degree, and upon and under such Condition and Conditions, Limitations and Provisoes, and in such sort manner and form, as in or by such Deed or Deeds inrolled, shall be of for and concerning the same limited and appointed, declared or expressed by the said H. Lord S. whether the Uses Estates, or any Use or Estate of or in the Premisses, or any part therof before, in and by these presents are mentioned, be in or by such Deed or Deeds inrolled, by any expresse word matter or thing contained therin, declared limited or appointed to cease or to be adnihilated altered abridged made void and determined, or not, and yet the said other Use and Uses, Estate and Estates, so to be disposed declared devised limited or appointed, by the said H. Lord S. in or by such Deed or Deeds inrolled to be notwithstanding, and alwaies subject and charged to and with the Use [Page 287] and uses Interest and Estate before by these presents, or at any time before the making of these Presents, limited or meant, to or for the said Ladie P. for her Jointure as aforsaid, and to and with every such Lease and Leases as shall be made by the said Lord S. according to the intent and true meaning of these Present Indentures any thing matter or clause in these Present Indentures contained, to the contrary thereof in any wise notwithstanding, In witnesse whereof &c.
Settlement of Estate.
THis Indenture made &c. Between G: B: &c: of the one part, and P. W. &c. and W. B. &c. of the other part, witnesseth that the said G. B. for divers good and weighty Considerations him thereunto moving, and especially to the end intent and purpose that all and singular his Mannors Lands Tenements and Hereditaments, heretofore not conveyed or assured by the said G. B. to remain and Continue (or after the decease of the said G. B. unto the Name and Blood of the said G. B. shall and may accrue) and come after the decease of the said G. B. unto the Heirs males of his body lawfully issuing, and for default of such issue then to the severall brothers and next heirs males of the said G. as is hereafter limited in and by these Presents, with the liberty neverthelesse for the said G. B. freely and clearly to dispose change or alienate the Premisses or any part thereof for any Estate or Estates whatsoever, and to revoke recall all and every the use and uses hereafter in these Presents limited mentioned appointed or any of them as in & by these presents herafter more fully appeareth; hath covenanted granted declared and agreed and by these Presents for him his Heirs and Assignes doth covenant declare grant and agree to and with the said P. W. and W. B. their Heirs and Assigns that he the said G. B. shall and will from and after the day of the date To levy a Fine of these Present Indentures and before the Feast day of Easter which shall be in the year of our Lord God 1596 acknowledge and levy two or more Fines with Proclamations according to the course of fines used within the Counties Palatine of Chester and Lancaster before her Majesties Justice or Justices of assize in that behalf lawfully authorised or before some other person or persons in that behalfe lawfully and sufficiently authorized unto them the said P. W. and W. B: and the Heirs of one of them, or unto some other persons and the Heirs of one of them, and by such name or names in that behalfe [Page 288] as by the said P. and W. B. Councell learned shall be reasonably required of all and singular the Mannors Lordships Lands Tenements and Hereditaments, of the said G. B. scituate lying and being within the said severall Counties Chester and Lancaster and heretofore not conveyed or Assigned to and for the Jointure of K. G. the now wife of the said G. hath the remainders thereupon limited declared and appointed the particulars of such lands so assured in Joynture do appear in or by one Indenture in that behalf only had or made by the said G. B. And the said G. B. doth for him his Heirs and Assigns Covenant grant limit declare and agree to and with the said P. W. and W. B. their Heirs and Assigns that as well the said fine and fines so to be hereafter acknowledged and levyed as aforesaid as also that all and every other fine and fines in any wise acknowledged or levyed by the said G. B. at any time from and after the day of the date of these present Indentures and before the Feast of Easter which shall be in the year of our Lord God 1596. unto any person or persons of all or any the said Residue of the said Mannors Lorships Lands Tenements or other Hereditaments, of the said G. B. and the Estate and Execution thereof shall be and that all and every the said Conysees and their Heirs shall from and after the levying and Execution of the said fine or fines immediately stand and be seised of all and every the Mannors Lordships Lands Tenements and other the Hereditaments, therein Comprised or to be Comprised according to the true intent and meaning of these presents to the onely uses intents and purposes and under and upon the Provisoes Limitations Conditions, and Agreements. hereafter mentioned and to no other use intent or purpose whatsoever, that is to say to the use and behoofe of the said G. B. and the Heirs males of his body lawfully begotten and to be begotten and for default of such Issue then to the use and behalf of E. B. brother of the said G. and the heirs males of his body lawfully begotten or to be begotten & for default of such Issue then to the use of I. B. one other brother of the sayd G. B. 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 R. B. one other Brother of the said G. B. and of the Heirs males of his body lawfully to be begotten and for default of such Issue then to the use and behoof of the said G. his Heirs and Assigns forever.
Provided alwaies nevertheless, and it is fully agreed between the said Proviso to make an estate. parties to these presents, that the use & intent of the said Fine & Fines is, & so for ever shal be reputed, and tearmed so to be, that it shall and may be lawfull to and for the said G. B. at any time or times during his naturall life by any his Deed or Deeds in Writing, as well to limit convey appoint lease or assure all or any the Mannors Lordships Lands Tenements and other the Hereditaments so comprised or to be comprised in the said Fine or Fines or any part or parcell thereof unto [Page 289] any other person or persons, their heirs Executors or Assigns, for any term freehold, or other Estate or Estates whatsoever, upon Condition limitation or otherwise by any his Deed or Act in Writing under his hand and seal, or by his last Will and Testament in Writing published in the presence of lawfull witnesses, simply and absolutely at his Will and pleasure, notwithstanding any the said use and uses in these presents formerly limited or appointed, as also by any his like Deed or Deeds in writing, or such last will, as aforesaid, to grant to any person or persons, their Heirs Executors or Assigns, or to any of them to any use or uses whatsoever, any annuall or yearly Rent or Rents Charge, or otherwise to be issuing & going out of all and singular the said Mannors Lordships Lands Tenements or Hereditaments so comprised, or to be comprised, in the said Fine or Fines, or out of any part thereof for any term time, Estate or Estates whatsoever, upon any Condition limitation, or otherwise simply & absolutely at his will and pleasure, as to the said G. shall in any wise hereafter seem expedient or convenient.
And it is likewise agreed, by and between the said parties to these presents, that the Conusees and their heirs, shall stand and be seized from time to time, and at all times respectively and severally, as well from and after such Limitation Conveyance Appointment or Assurance of the said premisses, or of any parcell thereof so to be had or made by the said G. as aforesaid, of such and so much of the said premisses, as by him shall be so limited conveyed appointed leased declared or assured as aforesaid, unto the use of such person and persons to whom the said G. shall so limit convey appoint declare lease or assure the premisses or any part thereof as aforesaid, for such terms Estate and Estates whatsoever, and in such manner form and condition, as the said G: B. shall by his said Deed or Deeds, so limit will convey appoint lease declare or assure the premisses, or any part thereof, and afterwards then to the severall use and uses before in these presents limited and appointed, as also shall likewise stand and be seized to the use intent and purpose, that all and every such person and persons, their Heirs Executors and Assigns, to whom the said G, B. shall hereafter by any his Deed or Deeds, or by his last Will and Testament in writing, limit appoint grant declare or bequeath any annuall or yearly Rent or Rent Charge, or otherwise to be issuing or going out of all or any the said Mannors Lordships Lands and Tenements and other Hereditaments so comprised or to be comprised in the said Fine or fines, or out of any part thereof shall and may annually and yearly have perceive and receive all and every such annuall or yearly Rent and Rents, to him or them limited appointed granted declared or bequeathed at such days and times, and for such term Estate and Estates whatsoever, and in such manner and form, as by such said limitation [Page 290] Appointment, Grant declaration bequest, or by the true intent or meaning thereof, shall be in any sort limited mentioned appointed or declared.
Provided nevertheless and upon Condition, and the use and intent of the said Fine and Fines, and the Execution thereof is and so for ever shall be taken to be, that if the said G. B. at any time and times hereafter, shall be minded or determined to Revoke Repeal and make void, all or any the use or uses formerly in or by these presents limited or appointed unto the said E. B. I. B. and R. B. or unto any of them, or unto any of their heirs males of their or any of their severall bodies aforesaid, and hereupon shall signifie or publickly by any his Deed or Deeds in Writing sealed and delivered, or by his last Will and Testament in Writing by him published, in the presence of two Witnesses, such his purpose and determination, to Revoke and Recall, and shal and do thereby likewise revoke and Recall all & any the said uses, or any the Estate or Estates thereby, or by the meanes hereof invested, or to be invested in the said E. B. A. B. and R. B. or any of them, their, or any of their heirs males of their bodies, that then and from thenceforth all and every such use and uses, Estate and Estates, as he the said G. B. shall so signifie or Publish by his Deed or Deeds or last Will as aforesaid, that he is so purposed to revoke and recall, and which he the said G. B. shall so revoke and recall, shal immediatly cease be void frustrate, and of no longer Effect or Continuance in the Law, as if the said Use or Uses, Estate or Estates, so revoked or recalled, or signified to be Revoked or Recalled, had neverbeen mentioned or limited in these present Indentures, any limitation of use or uses in these Presents or any the grant Execution making or declaring of any Estate or Estates by livery or otherwise before such said Revocation Recalling or alteration, or any other matter or thing whatsoever to the contrary notwithstanding. In witness whereof, &c.
- Tildesley
- Davenport.
Assurances.
THis Indenture tripartite &c. berween Sir R. H. and Dame K. his Wife of the first party, A. B. on the second party, and C. D. on the third party; witnesseth, That the said Sir R. H. and Dame K. his wife, for and in consideration of the summ, &c. by R. S. of, &c. in the said County of Lancaster Esquire, before the sealing and delivering of these presents paid &c. whereof they acknowledge themselves [Page 291] to be fully satisfied thereof, and every part thereof, do clearly acquit exonerate and discharge the said R. S. his Heirs Executors and Administrators for ever, and by these presents do covenant promise and grant for themselves, their Heirs Executors and Administrators by these Presents to and with the said A. B. and C. D. &c. that they the said Sr. R. H. and Dame K his wife, and the heirs of the said Sr R. shal and will on this side, and before the Feast day of Easter next ensuing after the date of these presents, by fine with Proclamations in due form of Law to be knowledged and levied before the Queens Majesties Justice or Justices at Lancaster, for the time being, lawfully and sufficiently convey and assure, or cause to be conveyed and assured unto the said A. B. and C. D. or to the survivor of them, and to the heirs of the one of them for ever, all and singular, that the part purparty and protion which to the said Sr. R. H. now or at any time heretofore appertained, of or within the Mannor or reputed Mannor of C. or of or in the Rights Members and Appurtenances thereof in the said County of Lancaster, and all that capitall messuage and Tenement in C. R. aforesaid commonly called the Park hall, and all and every the Houses Edifices Buildings Orchards Gardens Lands Tenements and Hereditaments, scituate in C. and W: and in either of them to the aforesaid capitail messuage & Tenement in any wise appertaining, or therewithall now or at any time hertofore use doccupied reputed or enjoyed as part or parcell therof, or as therunto in any wise belonging, and all & singular other the Messuages Gardens Lands Tenements Meadowes Feedings Pastures Woods Underwoods Commons. Common of Pasture, and Turbary Rents Reversions Services Profits Commodities Emoluments and Hereditaments whatsoever, with their and every their appurtenances of the said Sr. R. H. scituate lying and being in C. aforesaid, B. and G. and in every or any of them in the said Countie of Lancaster, in whose hands and possession soever the same be, or shall be, whereof or wherein the said Sr, R. now hath, or at any time heretofore had any Estate or Inheritance whatsoever.
And also all and singular the Messuages Cottages Lands Tenements and Hereditaments whatsoever, with their and every of their Appurtenances of the said Sir R seituate and being in C. in the said Countie of Lancaster hereafter mentioned or specified &c. one other Cottage and certain Lands and Hereditaments with the Appurtenances therewith occupyed, now or late in the tenure or occupation of William Clarkeson or his Assigns of the yearely rent of two shillings two pence with divers other Cottages &c. It is granted and agreed by and between all and every the said parties to these Presents for themselves their Heirs and Assigns by these Presents, and also thesaid Sir R. and dame K his wife for themselves their Heirs and Assignes do Covenant grant declare limit and agree, and with the said Sir R. H: and C. D. their [Page 292] Heirs and Assigns by these Presents that the said Fine to be knowledged and levyed of and in the said Hereditaments and Premisses as aforesaid, and the Execution thereof and the Estate Right title Interest and Possession of them the said A. B. and of the heirs of such of them to whom the Inheritance of or in the premisses shal be limited in and by the said intended Fine, and of the Survivors of them, and his Heirs, of and in the said Hereditaments and Premisses, shall be and so for ever shall be adjudged and taken to be. And also that they the said A. B. and the Heirs of such one of them, to whom the Inheritance of the said Premisses shall be limited in or by the said intended Fine, and the Survivor of them and his Heirs, shall stand and be seised of and in all and singular the said Hereditaments and Premisses, and of every part therof, with the Appurtenances, to and for the uses intents and purposes, and under and upon the Provisoes Limitations Conditions and Agreements, hereafter in these presents mentioned, and to no other use intent or purpose whatsoever; That is to wit, to the use and behoof of the said C. D and G. and their Heirs, under and upon the Proviso Limitation Clause Condition and Agreement, nevertheless hereafter in these presents mentioned and contained.
Provided alwaies, and upon Condition, and the further use and intent of the said intended Fine, and of the Estate therby to be had or made, of and for all and every the said Hereditaments and Premisses, is, and so for ever hereafter shall be taken to be, that if the said Sir R. H. his Heirs Executors Administrators or Assigns, or any of them, shall and do well and truly satisfie tender or pay, or cause to be well and truly satisfied tendred or paid unto the said R. S. his Executors, Administrators or Assigns, or any of them, the full Sum of &c. the said severall tenders or payments to be had and made, in manner and form aforesaid, at or in the now dwelling-house of the said R. S. commonly called or known by the name of S. that then and from thenceforth, as well all and every the said Use and Estate of the said C. D. their and either of their Heirs and Assigns, of and in all and every the said Hereditaments and Premisses, shall forthwith cease and be utterly frustrate and void, any thing in these presents to the contrary notwithstanding: As also that immediatly after the said Sum shall be so lawfully tendred satisfied or paid as aforesaid, the said Fine so intended to be limited as aforesaid, and the Estate thereby in any wife to be had or made shall be, and so for ever hereafter shall be taken to be, of and in all and every the said Hereditaments and Premisses, to the use and behoof of the said Sir R. H. and Dame K. his Wife, for and during their naturall lives, and for and during the naturall life of the longer liver of them, and from and after their deceases, then to the use and behoof of the Heirs Males of the body of the said Sir R. H. upon the body of the said Da: K. lawfully begotten and to be begotten, and [Page 293] for default of such Issue, then to the use and behoof of the Heirs M [...]les of the body of the said Sir R. H: lawfully to be begotten, and for default of such Issue, then to the use of the right Heirs of the said Sir R, H. for ever, any thing in these presents, or otherwise to the contrary therof notwithstanding.
And the said C. and D. do covenant and grant to and with the said Sir R. H: his Heirs Executors Administrators and Assigns by these presents, that if A. S. the now wife of the said R. S. and Mother of the said Sir R. H. shall happen to decease before default of payment of the said Sum of [...] shall happen to be made, that then from and after her decease, the said Sir R. H. and his Assignee or Assigns, shall and may at all times hereafter, peaceably and quietly, have, hold, occupy and enjoy, all and singular the said Hereditaments and Premisses, and every part therof, with the appurtenances, for and during such only time, and untill that the said Sir R. H. his Executors Administrators or Assigns, shall make default of or in payment of the said sum, in the said Proviso or Condition of Redemption before mentioned specified, or of any part therof, contrary to the tenor and true intent and meaning therof, without any the let trouble molestation disturbance interruption or eviction of the said C. and D. or either of them, their or either of their Heirs or Assigns, or of any other person or persons whatsoever, claiming by from or under them, or any of them.
And the said S. R. H: and Dame K. his wife, for them, their Heirs, Executors, and Administrators, do Covenant and Grant, to and with the said C. D. their Heirs and Assigns by these presents, and to and with every of them, that if the said Sir R. H. his Heirs Executors Administrators or Assigns, shall make default of or in the payment of the said sum of [...] or of any part therof contrary to the tenor and true meaning of the said Proviso, Clause Condition of Redemption or Agreement before mentioned, that then and from thenceforth all and singular the said Hereditaments and Premisses, and every part therof with the appurtenances, shall and may remain, continue and be unto said C. and D. their Heirs and Assigns for ever, free, clear, and clearly▪ acquitted, exonerated, and discharged, or otherwise well and sufficiently saved and kept harmless by the said Sir R. H. his Heirs Executors Administrators or Assigns, of, for, from, and concerning all and every former and other Bargains, Sales, Gifts, Grants, Leases Promisses, and Agreements, Estates, Joyntures, Dowers, Titles of Dower, Statutes, Recognizances, Judgments, Executions, Condemnations, and of and from and concerning all and every other charges titles troubles and incumbrances whatsoever, heretofore committed had made done knowledged levied suffered or executed, or hereafter to be committed had made done knowledged levied suffered or executed by the said Sir [Page 294] R. H. his Heirs or Assigns, or any of them, or by any other person or persons whatsoever, having or lawfully claiming to have any Estate Right Title Interest Claim or Demand whatsoever, of, in, or to the said Hereditaments and Premisses, or of, in, or to any part or parcell therof, by, from, or under the said Sir R. H. and Dame K. or either of them, or by, from, or under the Heirs or Assigns of the said Sir R. H. in any wise. Leases heretofore made by the said Sir R. H. before the Feast-day of Saint M. the Arch-angel last past, before the date hereof, of all or any part of the said Hereditaments and Premisses, to any person or persons, for three lives, or under, or for term of one and twenty years or under, wherupon the old ancient and accustomed Rents and Services are reserved, and shall be due and payable during the same several Terms, and the Joyntures of A. S. now wife of the said R. S. and Mother of the said Sir R. H. only and ever fore-prised and excepted.
And further also that the said C. and D. their and either of their Heirs and Assigns, and every of them, at all times from and after the non-payment or default of payment of the said Sum of &c. contrary to the tenor and true meaning of the said Provision Clause Condition of Redemption or Agreement before mentioned, if any such default shall happen, shall and may peaceably, and lawfully, and quietly have hold and enjoy all and every the said Hereditaments and Premisses and every part therof with the Appurtenances, discharged or saved harmlesse as aforesaid, and without any Let Trouble Suit Disturbance Interruption or Eviction of the said Sir R. H. his Heirs or Assigns, or any of them, or of any other person or persons whatsoever, having or lawfully claiming to have any Estate Right Title or Interest, of in or to the said Hereditaments and Premisses, or of in or to any part or parcell therof, by from or under them or any of them, except before, and in manner and form only before excepted.
And further also that he the said Sir R. H. and Dame K. his wife, and the Heirs of the said Sir R. H. shall and will from time to time and at all times, during and within the space of 7. years next ensuing, after such non-payment, or default of payment to be had or made, or hapning of the said Sum &c. or of any part therof, at any of the said severall daies, times, or places before mentioned, at and upon the reasonable request costs and charges in the Law of the said R. S. his Heirs or Assigns, do make knowledge levy suffer and execute, and cause to be done made knowledged levied suffered and executed, all and every such further Act and Acts, Thing and Things, Devise and Devises, Conveyances and Assurances in the Law whatsoever, for the further better and more assured surety, sure making, conveying and assuring, of all and singular the said Hereditaments and Premisses, and of every part therof, and of the Reversion and Reversions, Remainder and Remainders [Page 295] therof, and of all his and their Estate Right Title Interest Claim and Demand whatsoever, of, in, and to the Premisses, and of every part therof, with the Appurtenances, unto, or for the only proper and absolute use and behoof of the said C. and D. and of their Heirs and Assigns for ever, be it either by Fine, Feoffment, Recovery, with Voucher or Vouchers over, Deed or Deeds, inrolled or not inrolled, Release with warranty against the said Sir R. H. his Heirs and Assigns, except onely and in manner and form aforesaid excepted, or otherwise without Warranty Confirmation, or by all or any of the said waies or means, or by any other lawfull waies or means whatsoever, as by the said R. S. his Heirs or Assigns, or his or their Councell learned in the Law, shall be in that behalf reasonably devised or advised, so that for the doing making knowledging or executing therof, they or any of them be not enforced to travell alone the distance of ten miles, from such place or places, where he or they respectively shall be abiding or dwelling at the time of such Request or Requests so to be made.
And it is further agreed, that if it shall happen to be comprehended or contained by or by reason or means of the Number or Contents of Acres to be mentioned in such said intended Fine, any Messuages Lands, or Hereditaments, other then the said covenanted or intended Hereditaments, so formerly agreed in or by these presents, to be contained as aforesaid: That then the said Fine, aad the Estate therby to be had or made, for such and so much only of the said other Hereditaments, not being parcell of the said Hereditaments and Premisses so covenanted and agreed in or by these presents, to be assured or conveyed as aforesaid, as shall happen by means of such Surplusage of Acres to be comprised in or by such said intended Fine, shall be, and so for ever shall be taken to be to the use and behoof of the said Sir R. H. and Dame K. his wife, for and during their naturall life, and for and during the naturall life of the longer liver of them, and after their decease, then to the use of the Heirs Males of the body of the said Sir R. H. upon the body of the said Dame K. lawfully begotten and to be begotten, and for default of such Issue, then to the use of the Heirs Males of the body of the said Sir R. H. lawfully to be begotten, and for default of such Issue, then to the use of the right Heirs of the said Sir R. H. for ever: In witness wherof &c.
- Walmysley,
- Davenport.
Settlement of an Estate.
THis Indenture tripartite made &c. Between L. S. of S. &c. of the first part, R. S. great Cosin and Heir apparant of the said L. of the second part, W. D. and E. I. &c. of the third part, witnesseth, That wheras a Marriage was and hath been hereafter duly solemnized and consummate by and between the said R. S. and M. now his wife, one of the Daughters of the said E. I. And wheras certain conveyances and assurances were and have been heretofore had and made, of the Mannors Messuages Lands Tenements and Hereditaments hereafter in these presents mentioned or specified, to the uses declared, contained, or specified, in and by certain Indentures, bearing date the fourth day of A. &c. made betwixt the said L. S. of the one part, and the said E. I. of the other part, as by the same Indentures and Conveyances more fully and at large appeareth.
And wheras also it is now concluded and agreed by and between all and every the said parties to these presents, for themselves, their Heirs and Assigns by these presents, that all and every the said Mannors Messuages Lands Tenements and Hereditaments hereafter mentioned or specified, shall from henceforth remain continue and be to the severall and only uses behoofs intents purposes, and under and upon the Liberties Limitations Provisoes and Agreements hereafter in these presents mentioned or specified, notwithstanding any the said mentioned Conveyances or Assurances, or any the Use or Uses or Limitations therin, or in any of them contained, or any other matter or thing whatsoever to the contrary notwithstanding.
Now therfore it is covenanted concluded and fully agreed, by and between all and every the said parties to these presents, for themselves their Heirs, Executors, Administrators and Assigns, in manner and form following.
And first the said L. S. and R. S. for themselves, their Heirs Executors and Administrators, do covenant grant and agree, to and with the said W. D. &c. and E. I. their Heirs Executors and Administrators by these presents, that they the said L. S. and R. S. and their Heirs, or the Survivor of them, and his and their Heirs, shall and will on this side, and before the Feast day of S. M. the Arch-angel, next ensuing after the date of these presents, at and upon the equall costs and charges in the Law of the said L. S. and E I. by Fine or Recovery, or other good and sufficient Conveyances and Assurances in the Law, lawfully and sufficiently convey and assure, or suffer to be conveyed and assured to the said W. D. and the said E. I. or to the Survivor of them, his or their heirs, or to the heirs of one of them, all those the Mannors or Lordships [Page 297] of S. and F. with all and singular their and every of their Rights Members and Appurtenances whatsoever, scituate, lying and being within the said County of D. and also all and singular the other Mannors Messuages Mills Cottages Lands Tenements Meadows Pastures Closes Commons Woods Under-woods Rents Reversions Services and Hereditaments whatsoever, being of the nature of Free-hold, with all and singular their and every of their Rights Members and Appurtenances whatsoever, scituate, lying, and being within the Lordships Territories Towns Hamlets Parishes and Feilds of S. F. H. M. F. F. C. F. M. W. M. T. M. and little L. or any of them, in the said County of D. or elsewhere. within the severall Counties of C. and D. and of either of them, wherof or wherin they the said L and R. or either of them, now have, or at any time heretofore had any Estate of Inheritance, in Possession Reversion Remainder, or otherwise, and the Reversion and Reversions, Remainder and Remainders, of all and singular the said Hereditaments and Premisses, and of every part therof, with the Appurtenances, to and for the severall and only uses behoofs intents and purposes, and under and upon the Liberties Limitations Provisoes and Agreements hereafter in these presents expressed mentioned or declared, and to no other use intent or purpose whatsoever: And for the better Declaration of the use uses, intent and purpose, of such said Fine Recovery, and other the said Covenant or intended Conveyances and Assurances so to be had made knowledged levied or executed, of and in any the said Mannors Lands Tenements Hereditaments and premisses as aforesaid. It is further covenanted concluded and agreed by and between the said parties to these presents.
And also the said L. and R. severally for themselves their Heirs and Assigns, do Covenant, Grant, Declare, Limit and Agree, to, and with the said W. D. and E. I. their Heirs and Assigns by these presents, that the said Fine, Recovery or Recoveries and Covenanted or Intended Conveyances or Assurances, so to be had, made or executed, of and in the said Mannors, Hereditaments and Premisses as aforesaid, and every of them, and the execution therof shall be, and so for ever shall be adjudged taken to be, and also that they the said W. D. and E. I. and their Heirs, and the Survivor of them, his and their Heirs shall stand and be seised of and in all and singular the said Mannors, Messuages, Lands, Tenements Hereditaments and Premisses, and of every part therof with the appurtenances, to and for the several and only uses behoofs, intents and purposes, and under and upon the Liberties, Limitatious, Provisoes and Agreements hereafter in these presents expressed, mentioned, declared, limited or appointed, according to the tenor & true meaning of these presents, and to no other use intent or purpose whatsoever. That is to say, Of and in all that Capital Messuage and Tenement with the appurtenances, being parcel of the Premisses commonly [Page 298] called or known by the name of F. H. Scituate and being in F. in the said County of D. now or late in the tenure or occupation of P. S. Gent. brother of the said L. or his Assigns, and of and in all and singular the Houses, Edifices, Lands, Meadows, Feedings, Pastures, and Hereditaments wharsoever with the appurtenances to the said Capital Messuage and Tenement belonging or appertaining or therwithall heretofore usually occupied or enjoyed as part, parcel, or member or appurtenances therof or therto, and of and in two Messuages and Tenements, and the Lands and the Hereditaments therunto belonging, with the appurtenances in like manner being parcels of the Premisses, scituate lying and being in F. aforesaid, now or late in the tenure or occupation of the said L. S. or his Assigns, and of and in two other Messuages and Tenements and the Lands and Hereditaments therunto belonging with the appurtenances, parcels also of the Premisses being scituate lying & being in F. in the said County of D. now or late in the several tenures, or occupations, of one C. A. & A. H. or of either of them, their, or either of their severall Assigns, and of and in one Fulling-Mill, and all the Dams, Streams, Waters, Water-courses Lands and Hereditaments therunto belonging, with the appurtenances scituate and being in F. aforesaid (in like manner parcels of the Premisses being) to the use and behoof of the said L. and B. his now wife, and of their Assigns, for and during the term of their natural lives and of the Survivor and longer liver of them without impeachment of any manner of Wast only during the natural life of the said L. for, and in full Recompence of the Joynture or Dower of the said B. and in Barr of her Dower for ever.
And nevertheless it is intended and agreed, that if the said B. shall or do at any time or times after the decease of the said L. S. (if she shall survive and over-live the said L. her husband) Commence, or cause to be commenced any Action or Suit for any Dower belonging, or to belonging of out of, or in all, or any the said Mannors, Messuages, Lands, Tenements, Heredita. and Premisses, or any part or parcel therof, and shall not hold her self satisfied with the said Lands and Hereditaments in or by the said limited, meant, or intended, to and for her Joynture and Dower, then and immediatly thenceforth or otherwise, from and after the several deceases of the said L. & B. and of the Survivor of them the said conusees, wch of them shal first happen recoverors feoffees and their heirs and the Survivors and Survivor of them, his and their Heirs shall stand and be seised of and in the said Capital Messuage and Tenement and the Lands and Heredit. therunto belonging with the appurtenances, called or known by the name of F. Hall late in the tenure or occupation of the said F. or his Assigns, and of and in the said two Messuages and tenements, and the Lands and Hereditaments therunto belonging with the appurtenances in F. aforesaid, now or [Page 299] late in the tenure or occupation of the said L. S. party to these presents or his Assigns, to the use and behoof of L. S. the yonger, one of the sons of the said L. the elder, for and during his natural life (if he said L. S. the elder do not, or shall not hereafter by any his Deed, or Act in Writing, or by his last Will in Writing limit, or appoint, that the said estate for life of the said L the yonger should or shall cease, be frustrate or void, the estate of the said L. the yonger during the continuance therof, nevertheless to be charged and chargeable and to the use, intent and purpose; neverthelese that the Heirs Males for the time being of the said L. the elder party to these presents shall and may annually and yearly thenceforth during the natural life of the said L. the yonger, receive, perceive, and take the yearly Rent of 36 s. of good and lawful money of England, to be issuing and payable out of the said last two Messuages, and Tenements in F. aforesaid, at the two several yearly Feast dayes of the Nativity of St: John Baptist, and St. Martin the Bishop in Winter by equal portions, and of and in the Remainder, Reversion and Reversions therof immediatly after the determination of the said estate for life of the said L. the yonger; and also of & in the rest and residue of all and singular the said Lands, Tenements and Hereditaments, and of every part therof with the appurtenances formerly in, or by these presents limited, meant, mentioned or appointed to or for the use of the said L. the elder and B. his wife for term of their lives as aforesaid, from and immediatly after the several deceases of the said L. the elder and B. his wife to the use and behoof of the said R. S. and his Assigns, for and during the term of his natural life without impeachment of any Wast, and from aad after his decease then to the use and behoof of the first son of the body of the said R. S. upon the body of the said M▪ begotten and to be begotten, and of the Heirs Males of the body of such said first son lawfully to be begotten, and for default of such issue then to the use and behoof of the second son of the body of the said R. upon the hody of the said M. begotten and to be begotten, and of the Heirs Males of the body of the said second son lawfully to be begotten, and for default of such issue then to the use & behoof of the third son of the body of the said R. upon the body of the said M. begotten &c. and of the Heirs Males of the body of the said third son lawfully to be begotten &c. and that goeth to the sixt son, & for default of such issue then successively and respectively to the use and behoof of every other next and eldest son of the body of the said R. S. lawfully to be begotten, and of the Heirs Males of the body of every such said next and eldest son lawfully to be begotten the elder, and the Heirs Males of his body, being ever preferred before the younger, and the Heirs Males of his body, and for defult of such issue then to the use and behoof of the said L. S. the yonger and his Assigns, for and during the term of eighty years then next and immediatly following fully to [Page 300] be compleat and ended, if W. S. one other of the Sons of the said L. the elder shall so long live, the said last mentioned Estate of the said L. the younger, charged and chargable, and to the use intent and purpose, neverthelesse that the said W. S. and his Assigns, shall and may annually and yearly, for and during such and so long time as the said W. shall then happen to live, from and after such time as the said L. the younger, or his Assigns, so by means or virtue of these presents intituled; to have and hold the said Hereditaments and Premisses, or to have and perceive the Rents Issues and Profits therof, and of the other Hereditaments hereafter mentioned, by virtue of these presents, and of the Uses or Limitations therin contained, and of the said covenanted or intended conveyances and assurances, perceive, receive, have, and take one annuall or yearly Rent of 100 l. by year, of good and lawfull money of England, hereafter mentioned, to be issuing and going and payable yearly, during the said term, out of all the said Hereditaments and Premisses so limited, to or for the Joynture of the said B. after the said Estate of the said B. determined, and out of the other Lands hereafter in or by these presents mentioned to be therwithall charged, at the two severall yearly Feast daies of the Nativity of St. John Baptist, and St. M. the Bishop in Winter, by equall portions: And in default of payment therof, or of any part therof, by the space of ten daies next ensuing after any of the said Feast daies in which the same ought to be paid as aforesaid, that then and in such case, and so often the said W. S. and his Assigns, shall and may enter and distrain therfore, and for the Arrerages therof, if any such there be, in all and every or any part of the said Hereditaments and Premisses, and from and after the determination of the said Estate or term of years so limited, unto the said L. the younger, either by the decease of the said W. S. or by effluxion of time, then to the use and behoof of the said W. S. and of the Heirs Males of the body of the said W. lawfully begotten and to be begotten, and for default of such Issue, then to the use and behoof of the said L. S. the younger, and 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 E. S. of W. in the said County of Chester, and 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. S. of W. aforesaid, Gentleman, and the Heirs Males of his body lawfully begotten and to be begotten, the said severall Estates of the said E. and S. to be charged and chargable, neverthelesse in manner and form, as therof or hereafter in or by these presents are limitted: And for default of such Issue, then to the use and behoof of the said L. the elder, and his right Heirs for ever. And of and in all those 4. Closes Inclosures or inclosed Grounds, with the Appurt. (being parcels of the said Heredita. and Premisses so to be conveyed or assured as aforesaid) commonly called or known by the [Page 301] names of Over Lee and Nether Lee, and being in S. F. aforesaid, in the said County of D. now or late in the Tenure or Occupation of the said L. the elder, or his Assigns, and being of the clear yearly valve of twenty Marks by year, above all Charges and Reprises, as well to the use intent and purpose that the said R. S. and M. his wife, and their Assigns, and the Survivor of them, his and her Assigns, for and in recompence of the Joynture and Dower of the said M. saving the like augmentation therof, herein hereafter mentioned, shall and may annually and yearly, from and after the making hereof, for and during the naturall life and lives of them, and of the Survivor and longer liver of them, perceive receive take and enjoy, one annuall or yearly Rent of 15 l. by year, of good and lawfull money of England, to be issuing going and payable out of the said last mentioned Closes, or inclosed Grounds, at the two severall yearly Feast-daies of the Nativity of St. John Baptist, and of St. M. Bishop, by equall portions, and in default of payment therof, or of any part therof, at any of the Feast-daies, or times aforesaid, contrary to the tenor and true meaning of these presents: That then and so often, it shall and may be lawfull, to and for the said R. S. and M. his wife, and the Survivor of them, and their and either of their Assigns, into the said Inclosures or inclosed Grounds, to enter and distrain for the said yearly Sum of 15 l. and every or any part therof, and for the Arrerages therof, if any such there be, and the Distresse and Distresses there taken and had, to lead drive take and carry away Impark Impound, and with them to detain and keep, untill they and every of them, of the said yearly Rent or Sum of 15 l. and of the Arrerages therof if any such there be, be fully satisfied and paid.
And if it happen the said yearly Rent or Sum of 15 l. or any part therof to be behind and unpaid, in part or in all, by the space of twenty daies next ensuing, after any of the Feast-daies aforesaid, that then and from thenceforth the said Fine Recovery, and covenanted or intended Conveyances and Assurances, so to be had made levied or executed, of and in the said Hereditaments and Premisses aforesaid, and the execution therof shall be, and so for ever shall be adjudged and taken to be. And also the said Conuzees Recoverors and Feoffees, and the Heirs and the Survivors and Survivor of them, and his and their Heirs, shall stand and be seised of and in the said four Inclosures, or inclosed Grounds, and of every part therof with the Appurtenances, to the use and behoof of the said R. and M. his wife, and of their Assigns, for and during the term of their naturall lives, and of the longer liver of them, without any impeachment of any Wast, only during the naturall life of the said R. for and in the name and in ful recompence and satisfaction, of and for the Joynture and Dower of the said M. as also to such further use intent and purpose, that the said Conuzees Recoverors and Feoffees, their and every of their Heirs, shall likewise stand [Page 302] and be seised of and in the four Closes Closures and inclosed Grounds so charged and chargable; Neverthelesse with the said yearly Rent of 15 l. Distresse and payble as aforesaid, and in manner and form aforesaid: And of and in all and every the rest and residue of the said Mannors Messuages Lands Tenements Rents Reversions Services Heredita. and Premisses, and of every part therof, with the Appurtenances, wherof no Use is formerly limited or appointed, in or by these presents, immediatly from and after the sealing and delivery of these presents, to the use and behoof of the said L. the elder party to these presents, and his Assigns, for and during the term of his naturall life, without impeachment of any manner of Wast,: And from and after his decease, then of and in one Messuage and Tenement, and the Lands and Hereditaments therunto belonging, with the Appurtenances, scituate, and being in H. aforesaid, now or late in the Tenure or Occupation of of one I. F. and A F. his wife, or their Assigns, and parcell of the Premisses, to the use and behoof of A. S. one other of the Sons of the said L. the elder, and of his Assigns, for and during the term of 60. years, now next ensuing, fully to be compleat and ended, if the said A. so long do live, and from and after the expiration or determination of the said term and interest so limited or appointed, to or for the use of the said A: of and in the said last mentioned Messuage Tenement and Hereditaments therunto belonging as aforesaid; Then of the Reversion and Remainder therof and also of and in the rest and residue of all and singular the said Hereditaments and Premisses so lastly limited, to the use of the said L. the elder, for term of his life, immediatly from and after the decease of the said L. the elder, to the use and behoof of the said R. S. his Assignes, for and during the term of his naturall life, without any impeachment of any manner of Wast, and from and after his decease, then to the use and behoof of the first Son of the body of the said R. S. upon the body of the said M. begotten and to be begotten, and of the Heirs Males of the said first Son lawfully to be begotten, and for default of such Issue, then to the use and behoof of the second Son of the body of the said R. upon the body of the said M. begotten and to be begotten, and of the Heirs Males of the body of the said second Son, lawfully to be begotten &c. and this Limitation goeth in like manner to the sixt Son, and for default of such Issue, then successively and respectively to the use and behoof of every other next and eldest Son of the body of the said R. lawfully to be begotten, and of the Heirs Males of the body of every such said next and eldest Son lawfully to be begotten, the elder, and the Heirs Males of his body, being ever preferred before the younger, and the Heirs Males of his body, and for default of such Issue, then to the use and behoof of the said L. the younger and his Assigns, for and during the term of 80. years then next and immediatly following, fully to be compleat and ended (if the said W. S. [Page 303] so long happen to live, charged and chargeable. Nevertheless and to the use, intent and purpose that the said W. S. and his Assigns, shall, and may annually and yearly during the said term of years so lastly limited unto the said L. from and after such time as the said L. the yonger or his Assigns, in default of Heire Male, of the body of the said R shall be Intituled to have and hold the said Hereditaments and Premisses, or to have and perceive the Rents, Issues and Profits therof by vertue of these presents, and of the uses or limitations therein contained, and of the said Covenanted, or Intended Conveyances and Assurances for and during the natural life of him the said W. S. perceive, receive, take and enjoy the said annual or yearly Rent, or sum of 100 l. by year before mentioned, to be issuing and going, and payable yearly during rhe said term as well out of the said late mentioned Hereditaments and Premisses, as out of the Reversion and Remainder of the said Lands and Hereditaments formerly limited or appointed in or by these Presents to or for the Joynture or Dower of the said B. as aforesaid, at the said several yearly Feast dayes of the Nativity of St. John Baptist, and St. Martin the Bishop in Winter, by equal portions, and in default of payment therof, or of any part therof by the space of ten dayes next ensuing after any of the said Feast dayes in which the same ought to be paid as aforesaid, that then and in such Case and so often it shall and may be lawful, to and for the said W. and his Assigns, into the said Hereditaments and Premisses, to enter and distrain for the said yearly Rent or Summ of 100 l. and for the Arrerages therof, if any such be, and the Distress and Distresses therin or therupon taken or had, to lead, drive, take and carry away, Impark Impound, and with him and them, to detain and keep until they and every of them, of the said yearly Rent, or sum, and of the Arrerages therof, if any such there be, be fully satisfied and paid, and from and after the determination or expiration of the said term of years so lastly limited unto the use of the said L. the younger, either by the decease of the said W. S. or by effluxion of time, then to the use and behoof of the said W. S. and of the Heirs Males of the body of the said W. lawfully begotten and to be begotten, and for default of such issue then to the use and behoof of the said L. the yonger, & 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 the said E. S. and 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 the said S. and the Heirs Males of of his body lawfully begotten, and to be begotten, the said Estates of the said E. and S. to be nevertheless charged and chargeable in such manner and form as therof is in these presents hereafter in that behalf mentioned, and for default of such issue, then to the use and behoof of the said L. the elder and his right Heirs for ever.
Provided nevertheless, and it was, and is concluded, and fully agreed, by and between the said parties to these Presents, for themselves, their Heirs and Assigns by these Presents, and the further use, intent, and purpose of these presents, and of the said Fine and Covenanted or Indented Conveyances and Assurances, and of every of them, was, and is and so for ever shall be adjudged and taken to be, that if it fortune the said R: S: to decease and die not having then in full life any issue male of his body, upon the body of the said M. nor upon the body of of any other wife which he shal hereafter fortune to marry, and leaving the said M. or such his other wife for the time then being, nevertheless with child at the time of such his decease with one or two sons or more, that then the said Fine, Recovery, and other the said Conveiances, and Assurances before mentioned, and every of them, was and is intended and meant, and so for ever shall be adjudged, construed, and taken to be, and also that the said W. D. and E. I. and the Survivor of them, his or their Heirs shall be seised respectively, of and in the Reversion and Remainder of all and singular the said Mannors, Lordship, Messuages, Lands, Tenements and Hereditaments, and of every part therof with the appurtenances, as the same shall severally and respectively happen or come in possession by the several deceases of the said L. the elder B. M L. and A. S. and of every of them, to and for the several and only uses, behoofs, intents and purposes hereafter in these presents expressed, mentioned or declared according to the tenor and true meaning of these presents, that is to say, if the said M: or such said other wife of the said R. as aforesaid upon such her childbirth, so happen to have, and be delivered of one son only, then and from thenceforth to the use and behoof of such said son, and the Heirs males of his body lawfully to be begotten, charged and chargeable, nevertheless as of the estate of the sons of the said R. which shall be born in his life time, is formerly appointed, and if the said M. or such said other wife so hapning with Child as aforesaid, shall happen upon her Child-birth, after the decease of the said R. to have, or be delivered of two Sons or more, then to the use and behoof of the first and elder Sons and the Heirs Males of his body lawfully to be begotten, charged, and chargable as aforesaid, and for default of such Issue, then to the use and behoof of the younger Son, and the Heirs Males of his body lawfully to be begotten, charged and chargable as aforesaid, and for default of suche Issue, then to the use and behoof of such other Son of the said R. wherwithall the said M. or such said other wife shall so be with Child with all, and the Heirs Males of his body lawfully to be begotten, charged, and chargable as aforesaid, and for default of such Issue, then to the severall and only uses behoofs-intents and purposes of such person and persons, and for such Estate and Estates, as in case of the decease of the said R. without any Issue Male of his body lawfully [Page 305] begotten, is formerly in or by these presents limited expressed or specified, and to no other use intent or purpose whatsoever.
Povided nevertheless, and it is concluded and fully agreed by and between all and every the said parties to these presents, for themselves their Heirs and Assigns by these Presents, and also the true use intent and meaning of these Presents, and of the said parties hereunto, and of the said Fine Recovery, and other the Covenanted or Intended Coveyances and Assurances, is and so for ever shal be adjudged and taken to be, and also the said W. D. and E. I. and the Survivor of them, his and their Heirs, and all and every other person and persons, his and their heirs which now are or stand seised or herafter shal stand & be seised of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses, and every or any part thereof by force of these presents, and of the said fine and covenanted or intended Coveyances and Assurances before mentioned, and every or any of them, and their and every of their Heirs, shall stand and be seised thereof, and of every part thereof with the Appurtenances, to and for such further use Intent and purpose notwithstanding any the use or uses formerly in or by these Presents limited declared or contained, as well that it shall and may be lawfull to and for the said L. the elder, at any time or times during his naturall life, by any his Deed or Deeds in Writing, or by his last Will and Testament in Writing, to grant convey assure bequeath limit or appoint such and so much of the said Hereditaments and Premisses, not exceeding in the whole, one full third part thereof, as to himself shal seem meet and convenient unto, or for the use of any the lawfull wife or Wives of the said Leo. the elder whom he shall hereafter fortune to marry, for and during the Term of the naturall life or lives of such Wife or Wives, for and in the name of her or their Jointure and dower, of and in the said Hereditaments, and premisses, the said four Closes charged with the Joynture of the said M being, during her only naturall life (excepted and foreprized.) And likewise that it shall and may be lawfull to and for the said R. S. after the decease of the said L. the elder, at any time or times thenceforth, during his naturall life of any his Deed or Deeds in Writing, or by his last Will and Testament in Writing Respectively, to grant convey assure bequeath limit or appoint one annuall or yearly Rent of fifteen pounds of good and lawfull mony of England, with or without clause of Distress to be issuing and going out of all or any the said Hereditaments and Premisses, or out of all or any part or parcells thereof, as to himself shall seem meet and convenient, unto, or for the use of the said M, or for the use of any other the Wife or Wives of the said R. whom he shall hereafter fortune to marry, for and during the term of the naturall life or lives or the said M. or of such said Wife and Wives, for and towards her or their [Page 306] Joynture and Dower, of and in the said Hereditaments and Premisses the said severall Lands and Hereditaments so limited, to or for the Joyntures of the said Bridget and Mary, as aforesaid, and the severall Tenements formerly in or by these Presents limited unto the said L. the younger, and A, for their severall lives as aforesaid, during the severall lives of the said B. and M. A. and L. the younger, alwaies excepted and foreprised, as also that it shall and may be in like manner lawfull to and for the said L. the elder at any time or times during his naturall life; and also to and for the said R. at any time or times after the decease of the said L. the Elder during his naturall life by any his their or either of their Deed or Deeds in Writing at any tyme or times respectively & successively to demise grant lease or limit the use or uses of all such or any such part of the said Mannors Messuages lands Tenements Hereditaments and Premisses heretofore usually demised or leased, which at the time or times of such limitation of use or uses Lease or leases shal happen respectively to be in the lawfull actuall and Reall possession of Estate of freehold in such of them, as shall so make such Lease or Leases, Limitation of the use or uses, for the time being to any person or persons whatsoever, for tearm of one and twenty years or unde [...], or for three lives or under or for any number of years determinable upon three lives or fewer in possession and not in reversion so that in by or upon every such demise lease or limitations of use uses or so to be made as aforsaid the old ancient accustomed Rents duties & Services, or more be reserved to be therefore respectively yearly due and payable during the continuance of such severall lease, and leases.
Provided also, and it is further covenanted concluded and fully agteed by and between all and every the said parties to these presents for themselves their Heirs and Assignes by these presents, and the use intent and meaning of these presents, and of the parties hereunto, and of the said covenanted or intended Conveyances and Assurances is, and so for ever shall be adjudged and taken to be, and also the said W. D. and E. J. and the Survivor of them, his and their Heirs shall stand and be seised of and in the said Hereditaments and Premisses to such further use intent and purpose, notwithstanding any the use or uses afore specified or declared, that if the said R. shall hereafter fortune to decease and dy, having one or more Son or Sons, and one Daughter only, and no more, that then such said Daughter and her Assigns, shall and may annually and yearly from and after the decease of the Survivor of the said R. and of the said L. the elder, perceive receive take, and enjoy one annuall or yearly Rent of forty pounds by year, of good and lawfull mony of England, to be issuing and going, and payable out of, and in the said Hereditaments and Premisses the Estates for life of the said B. L. the younger, A. and M. alwaies [Page 307] excepted and foreprised at the two severall yearly feast dayes of the Nativity of Saint John Baptist, and Saint Martin the Bishop in Winter, by equall portions, for and during, and untill that such said only Daughter and her Assignes, shall and may, or otherwise might have fully levied received or had the full summ of two hundred pounds of good and lawfull money of England, to and for the maintnance and preferment of such said Daughter, and if the said R. shall fortune to decease and dye having one or more Sons, and two or more Daughters, then to the use intent and purpose, that such said Daughters and their Assignes shall and may annually and yearly, from and after the decease of the Survivor of the said R. and L. the elder, perceive receive take and enjoy one annuall yearly Rent of forty pounds by year of good and lawfull money of England to be issuing and going out of and in the said Hereditaments and Premisses, (the said severall Estates for lives of the said B. M. L. the younger, and H. alwaies excepted and foreprised) at the two severall yearly Feast days of the Nativity of St Jo. Bap. & M. the Bishop in Winter by equall portions for and during, and untill that such said Daughters and every of them shall and may, or otherwise might have fully levied received or had, every one of them the full summ of one hundred pounds a peece of good and lawfull money of England, to and for the maintenance and preferment of such said Daughters, And also further to such use intented purpose, that if the said R. shall happen to decease having more Sons then one, that then every the then younger son of the said R. shall and may respectively from and after the decease of the Survivor of the said L, the Elder, and of the said R. annually, severally, and yearly perceive receive and have, during his severall naturall life one annuall or yearly Rent of four pounds by year, to be issuing and going out of all and every the said Hereditaments and premisses, (the said severall Estates for lives of the said B. L. and A. only foreprised and excepted) and the same to be yearly payable at the severall yearly Feast days of the Nativity of St. John Baptist, and St. Martin the Bishop in Winter, by even and equall portions, and in default of payment of the said severall summs or of one of them or of any part thereof, at any the dayes or times aforesaid, contrary to the tenor and true meaning of these presents, that then and so often the said younger Son and Sons, Daughter and Daughters, and every of them, shall and may severally and respectively distrain therefore and for the Arrerages thereof, if any such there be in all or any the said Hereditaments and premisses (except before in that behalf excepted) and the distress and distresses therein or thereupon taken or had, to lead drive, take and carry away, impark impound, and with them to detain and be untill they and every of them, of the said yearly Rents or summs and every of them and of the arrerages thereof, if any be behind [Page 308] and unpaid, or fully satisfied and paid, and from and after the sayd severall summs received or had, then to the severall and only uses behoofs intents and purposes in or by these presents limited or appointed, according to the tenor and true meaning of these presents, any thing in these Presents contained, to the contrary notwithstanding.
Provided also, and it is further covenanted concluded and fully agreed by and between all and every the said parties to these presents for themselves their Heirs and Assigns by these presents and the further use and intent and meaning of these presents and the said parties to the same and of the said intended or covenanted Conveyances and Assurances, is and so for ever shall be adjudged and taken to be, and also the said W. D. & E. I. and the survivor of them and his and their heirs shall stand and be seised of and in the said Mannors messuages Lands Tenements & Hereditaments, & premisses to such further use intent & purpose notwithstanding use or uses afore specified or declared, that if the said L. the elder R. S. L. the younger, W S and every of them shal fortune to die & decease without Issue male on their or any of their bodies lawfully begotten, that then and from thenceforth A. A. C. M C. A. S. and B. her and all and every such daughter and daughters as the said R. S: shall hereafter have of the body of the said M. and their Assigns and Daughters of the said Leo. the elder shall and may annually and yeerly receive perceive and take to them and their Assigns one yeerly rent of two hundred pounds for and during such time & untill that thereby & therupon they or some of them their or some of their Assigns shal have received and had the full sum of one thousand pounds of good and lawfull money of England, over and above all Charges and Reprises, and the same to be issuing and going out of all and every the Mannors Messuages Lands Tenements and Hereditaments aforesaid, the severall Estates for lives which the said B. and M. or either of them or any the wife or wives of the said L. the elder and R. or either or any of them have or hereafter shall or may have of or in all or any the premisses only excepted and foreprised, and the said yearely Rent of 200 l. to be yearly payed, from and after the commencement therof as aforesaid, at the several yearly seast days of the Nativity of St. Iohn Bapt. and St. Martin the bishop in winter by even portions. And if the said yeerly Rent of two hundred pounds or any part thereof shall be behind and unpaid by the space of ten dayes next ensuing any of the said Feast days in which the same shall grow due or payable, that then and from thenceforth all and every the said Intended Recoverors Feoffees and Conysees, and every of them their and every of their Heires and Assignes, shall stand and be seised of and in all and singular the said Mannors Lands Tenements and Hereditaments and Premisses, (except lastly before excepted) to the only [Page 309] use and behoof of the said A. A. M. C. and A, and of the said B. and of such said Daughter and Daughters of the said R. as before in or by these presents are limited or intended to have any part or portion of the said yeerly two hundred pounds Rent, and of their Assigns for and during such time and untill that thereof and of and with the profits thereof they or their Assigns or some of them shall be well and truly satisfied the saidfull sum of 1000 pounds of good and lawfull money of England over and above all Reprises Expences and Charges, by Suit in Law or otherwise in any wise to be sustained. And moreover it hath pleased the said L. the elder, and he heartily desireth that N. C: of the Goat-houses in the said County of D. and A. his wife should from henceforth quietly have and enjoy one Messuage or Tenement at G. aforesaid wherein hee the same N. C, and A. now dwelleth, and all the lands thereunto belonging or therewith all occupyed, for and during all the naturall lives of the same N. and A. and the survivors of them, for the yeerly Rent of thirteen shillings foure pence of lawfull money of England at the Feasts or dayes their usuall, and other tenant service for the same accustomed, and after the decease of the said N. and A. and the survivor of them, then that A. with C. son of the said N. and A. in like sort for the said Rent and Services shall have occupy and enjoy al the last mentioned Premisses, for and during all the term of the naturall life of the said A according to the intent and true meaning of him the said Leo. the elder.
Provided alwaies neverthelesse, and the further use intent and purpose of the said Intended Conveyances, is and for ever shall be, that if the said R. or any of the Heirs males of his body or any other Heir male to whom (in & by these presents) any use or estate is limited appointed mentioned or intended, or any other person or persons whatsoever hereafter having claiming or pretending any estate term title or Interest in by from through or under any such Heirs males, do or shall at any time hereafter sue molest disturb enter upon eject remove expel or put out the said N. C. A. or A. or any of them of and from the quiet occupation of the last mentioned messuage and tenement at G. aforesaid or of or from any part or parcels thereof, that then and immediately after such suit disturbance entry eviction expulsion or puting out of the said N. A. & A. or any of them, of and from the said last mentioned premisses or of or from any part or parcels thereof thenceforth the said Feoffees Recoverors and Cognizees and their heirs and the survivor of them and his heirs, shal stand and be seised of and in the ful moyety or one half of all that Messuage or Tenement seituate & beingin F. aforesaid, and now or late in the tenure or occupation of the said L. the elder, & likewise of & in the full moyety or one half of all the Lands Tenements meadows Leasows Pastures and Hereditaments [Page 310] thereunto belonging, being parcell of the premisses to the use, and behoof of the said N. & A. his wife for and during all their naturall lives & the life of the survivor of them & immediately after their deceases then to the use & behoof of the said A. for all the term of his naturall life yeilding and paying during all the said estates or terms to the heirs males of the said L: the elder for the time being the yerely rent of forty shillings at the Feast their usually by even portions and after the estates aforesaid so limited to the use of the said N. A. and A. C. as aforesaid ended and determined then to the use of the said R. S. for term of his naturall life with like limitation of remainder further as aforesaid in and for the same tenement in Flagg as is formerly in or by these presents limited or appointed In witnesse &c.
An Indenture of Covenants to levy a Fine, and suffer a Recovery in Ancient Demesne.
THis Indenture tripartite &c. Between F. C. of the first party, R C and T. B, of the second party, and I. H. and F. P. of the third party witnesseth, that it is covenanted, condescended and agreed unto, by and between all and every the parties to these presents in manner and form following, that is to say, That whereas the said F. C, the day of the date of these presents, is lawfully seised in his Demesne as of Fee-tail to him and the Heirs males of his body, of and in divers Messuages Lands Tenements and Hereditaments within the Liberty of Havering at Bower in the County of Essex; hereafter in these presents particularly mentioned and expressed, and being now fully resolved and determined how and in what manner his said Messuages Lands Tenements and He editaments should be established and continued hereafter by the Grace of God in the name of the Parties hereafter mentioned; being of his blood, and alliance, he the said F. R. as well for the considerations aforesaid, as also for the better maintenance of M. C. his mother, and for divers other good causes and considerations, the said F. G. hereunto especially moving, doth for himself and his Heirs covenant grant and agree with the said R. C. T. B. I. H. and F. P. and to and with every of them, their and every of their Heirs Executors and Administrators by these Presents, that he the said F. C. at his own proper cost and charges in the Law, before the thirtieth day of September next ensuing the date of these presents, shall and will in due form of Law, acknowledge and levy one or more Fine or Fines in the Court of ancient Demesne within the said Liberty of Havering at Bower, according to the course and common usage for levying of Fines [Page 311] for lands and Hereditaments within the said Liberty unto the said R C and T B. and the heirs of the said R. of all that Messuage, &c.
And it is further covenanted condescended, and agreed unto, by and between all the said parties, to these presents, that the said Fine or Fines so to be levied and acknowledged as aforesaid, by the said F. C. to to the said R. C. and T. B. and the Heirs and Assigns of the said R. shall be levied and acknowledged by the name of three messuages, three gardens, forty acres of Land, twenty acres of pasture, forty acres of Wood, and fifty acres of Furze and Heath, and one hundred shillings Rent with the Appurtenances in Havering at Bower, R. and H. or by such other name or names as shall be thought meet, and that the said Fine or Fines so to be had and levied of the said Premisses. shall enure, and be adjudged deemed and taken to be, that the said R. C. and T. B. and the heirs and Assigns of the said R. from and immediatly after the levying and engrossing of the said Fine and Fines, shall stand and be seised of the said Messuages, Lands Tenements and Hereditaments, and of every part and parcell thereof, with their and every of their Appurtenances, to the use of the said R. C. and C. B. and their Heirs, shall stand and be adjudged perfect Tenements of the Freehold of the said messuages Lands and Premisses, and of every part and parcell thereof, with their and every their Apurtenances untill a perfect Recovery, according to the usuall course of common Recoveries for Assurances, of Lands Tenements & hereditaments within the said Liberty of Havering at Bower, shall and may be lawfully had and executed against the said R. C. and C. B. and their heirs of the said messuages Lands and Premisses.
And it is further covenanted condescended and agreed unto, by and between all the parties to the presents that the said I. H. and F. P. or any other person or persons which the said F. C. shall nominate and appoint shall and may at the Costs and Charges in the law of the said F. C. before the said day of next insuing the date thereof purchase one or more writ or writs of Right Close directed to the Judges Bayliffs or others that have power to hold Plea in suits reall arising within the said Liberty and shall prosecute the writ or writs in the same nature of his highnes writ or writs of entry Sur Desseisin Sur le post at the common law after the manner and course of common Recoveries there used and accustomed against the said R C. and T B. whereby they shall demand against the said R. C. and T. B. by the name or names and quantity or quantities of acres in the said fine or fines to be contained or by any other name or names quantity or quantities whatsoever the said Messuages Lands Tenements Hereditaments and premisses with their and every their appurtenances before mentioned to be scituate lying & being within the said liberty of Havering at Bower unto which writ or writs, the said R. C. and T. B. shall appear [Page 312] in their proper persons or by their Attorney or Attornies lawfully and sufficiently authorized, who shall vouch to warranty the said F. C. and that the said F. C. shall appear upon the said voucher in the said court in his proper person or by his Attorney lawfull authorized by the course and custom of the said court, and shal vouch to warranty the common vouchee, and that the said common vouchee appeare and imparl, and afterwards make default, wherby a perfect Judgment may be had and given for the said demandants in the writ or writs against the said R. C and T. B. for the said recovery of the said Messuages Lands Tenements and premisses, and upon the said Recovery so to be had and made against the said R. C. and T. B. that they the said R. C. and T. B. shall recover in value against the said F. C. and the said F. C. shall thereupon have judgement to recover in value over against the said common vouchee after and according to the manner and course of common Recoveries in such Cases used in the court of the said liberty of Havering alias Bower; and it is fully covenanted condisended and agreed unto by and between all the said parties to these presents, and all the said parties for themselves and their severall Heirs, do severally covenant and agree, to and with the others of them, and with their severall Heirs, that the said Recovery and Recoveries, and the said Fine and Fines after the said Recovery and Recoveries shall be had and executed, and the full execution therof, of for and concerning the Premisses therin to be contained, shall be and enure, and be adjudged, deemed, expounded, and taken to be and enure, that the said Conuzees and their Heirs, and the said Recoverors and their Heirs, and all and every other person and persons, which shall then be seised of the said Messuages Lands Tenements, and all other the Premisses, or any part or parcell therof, shall stand and be seised of the said Messuages Lands Tenements Hereditaments and Premisses in the said Fine or Fines, Recovery or Recoveries to be mentioned, with their and every their Appurtenances, and of every part and parcell therof, to the severall uses intents and purposes in these presents hereafter expressed and declared, and to none other use intent or purpose, that is to say, of, for, and concerning all the said Messuages Lands Tenements Hereditaments and Premisses, with their and every their Appurtenances, and every part and parcell therof, to the use and behoof of the said F. C. for and during the term of his naturall life, and after his decease, then to the use of the first Son of the said F. C. to be begotten on the body of any woman, or women, which he shall from and after the day of the date of these presents, marry and take to wife, and to the Heirs Males of the body of such first Son to be begotten &c.
Provided alwaies, and it is fully agreed by and between all the said parties to these presents, That it shall and may be lawfull to and for [Page 313] the said F. C. at any time or times hereafter, and from time to time, during his life, at his free will and pleasure, by any his Deed or Writing, or last Will and Testament, by him to be sealed and published, in the presence of three credible Witnesses at the least, to alter change determine revoke or make void, all or any the Use or Uses, Estate and Estates, in these presents before declared mentioned or limited of the Premisses, or any part therof: And that at all times, from and after such time as the said F. C. shall by any such his Deed or Writing, or last Will, so expresse and declare his pleasure and mind to be to alter and change determine revoke or make void, all or any the Use or Uses, Estate or Estates, in these presents before declared mentioned or limited of the said Premisses, or any part therof, that then and from thenceforth such of the said Estate and Estates, Use and Uses, here in these presents declared, as shall be so declared by such Deed, Writing, or last Will of the said F. C. to be altered changed determined or made void, shal cease determine and be void And that then and from thenceforth the said Fine and Fines, and the Conuzees therin to be named: And the said Recovery and Recoveries, and the Receivers therin to be named, and all other person and persons which shall then happen to be seised of the said Premisses, or any part or parcell therof, as shall be so altered changed determined revoked or made void, shall therof stand and be seised, to the use of such person and persons, and to and for such Use and Uses, and in such manner and form, as by such Deed Writing, or last Will of the said F. C. sealed and published as aforesaid, shall be declared by and expressed, and not to any other person or persons, use or uses whatsoever: In Witness &c.
A Covenant to stand seised:
THis Indenture made &c. between C. M. and A. his wife, of the one party, and R. F. &c. on the other party, witnesseth, That they the said C. M. and A. his wife, for divers good causes and considerations, them thereunto moving and especially that they having been married the space of many years, and have had no Issue, and in case the said C. N. should dye without Issue of his body lawfully to be begotten, that then the Messuages Lands &c. herein after mentioned, with their and every of their Appurtenances, shall and may so long as it shal please the Almighty God, to remain and continue in the blood and kindred of the said C. M. and for the naturall love and affection which the said C. M. beareth to I. F. wife of the said R. F. and Sister to the said C. M. It is now therfore covenanted, granted, promised [Page 314] and agreed by and between all the parties to these presents: And the said C. M. and A. his wife, for themselves and their severall Heirs Executors Administrators and Assigns, and every of them, do covenant grant promise conclude and absolutely agree, to and with the said R. F. his Heirs Executors Administrators and Assigns, and to and with every of them by these presents, that they the said C. M. and A. his wife, and the Survivor of them, and the Heirs of the said C. and their and every of their Assigns, and every other person and persons now standing, or being seised of or in all that Messuage &c. or any part or parcell therof, for the considerations here in these presents before expressed, at all times, from and after the making of these presents, shall stand and be seised of all and singular the said Premisses with the Appurtenances, and of every part therof, and of all the Rents, Reversions, Services, Profits, and Commodities of the same, or to the same in any wise belonging or appertaining, to the uses and intents hereafter in these presents expressed; That is to say, To the use and behoof of them the said C. M. and A. his wife, for and during their naturall lives, and the life of the longer liver of them, and after the decease of the Survivor of them, for and as concerning the Reversion or Reversions, Remainder or Remainders, of the said Messuages &c. and other the Premisses, with their and every of their Appurt. as the said Uses Estates and Interest therof herein before expressed, shall be fully ended and determined, then to the use of the first Son, lawfully to be begotten by the body of the said C. M. and of the Heirs of the body of the said first begotten Son, lawfully to be begotten, and for default of such Issue, then to the use of the second Son, lawfully to be begotten by the body of the said C. and of the heirs of the body of the said second Son lawfully to be begotten, and for default of such Issue, then to the use and behoof of the third Son, lawfully to be begotten by the body of the said C. and the Heirs of the body of the said third Son lawfully to be begotten, and for default of such Issue, then to the use and behoof of every other the Sons, lawfully to begotten by the body of the said C. successively, as they shall be in Seniority or Age, and of the Heirs of their severall bodies lawfully to be begotten, and for default of such Issue Male, then to the use and behoof of all and every the daughters lawfully to be begotten by the body of the said C. and of the Heirs of their bodies lawfully to be begotten, and for default of such Issue, then to the use and behoof of I. F. Sister of the said C. and the Heirs of her body lawfully begotten, or to be begotten, and for default of such Issue, then to the use and behoof of the said I. F. her Heirs and Assigns for ever.
And the said C. M. for himself, his Heirs Executors and Administrators, doth further covenant grant promise and agree, to and with the said R. F. his Heirs Executors Administrators and Assigns, and to and [Page 315] with every of them by these presents, that all and every Fine and Fines, Recovery and Recoveries, hereafter to be acknowledged had or suffered, by the said C. M. shal be and enure, to the only uses intents and purposes, as in these present Indentures are mentioned and expressed, according to the true intent and meaning hereof, and no otherwise: In witness &c.
An Indenture where Land having been forfeited upon an Indenture of Mortgage, the Mortgager assureth the same to the Mortgagee by raising of use upon a Covenant if the Mortgager pay a certain sum of money at a day.
THis Indenture &c. between T: R: of C: in the County of C: Esq; on the one party, and Sir G: B: of S. in the County of D. Knight, on the other party Witnesseth, That the said T. R: for, and in consideration of a certain summ of money to him now paid by A: B: Servant to the said Sir G: for and in his Masters name, and for and in consideration of 566 l. 13 s. 4 d. more of lawful &c. to the said T: his Executors, Administrators or Assigns, by the said Sir G. his Executors or Assigns, to be paid on the 20th. day of November next ensuing the date of these Presents, at the now dwelling house of A: B. in E: between the hours of &c. hath Covenanted, Granted and Agreed, and Covenant &c. by these presents for him his Heirs and Assigns, doth Covenant, Grant, and Agree to and with the said Sir G: his Heirs and Assigns, and every of them in manner and form following that is to say, That if the said Sir G: his Heirs, Executors or Administrators, do well and truly pay, or cause &c. the said summ of &c. to the said T. his certain Attorney, Executors, or Administrators, in manner and form above said, and at the day and time above limited, that then and from thenceforth, he the said T: R: his Heirs and Assigns, and all other person and persons, which by any Grant, or Conveyance, of or from the said, T: R. now be, or then shall be seised of and in the Lordships or Mannors of I. with the Appurtenances, in the said County of D: aforesaid, and of and in all those Messuages &c. set and being &c. which the said T. late had to him and his Heirs, of the Bargain Sale and Conveyance of the said Sir G. by virtue of a pair of former Indentures, dated the 5th. of Dec. An: 11. Reg: Eliz. made between the said Sir G. on the one party, and the said T: R. on the other party, as by the same former Indentures enrolled in the High Court of Chancery may appear, shall therof and of every part therof, stand and be seised to the only use of the said Sir G: his Heirs and Assigns for ever, and to none other use or uses whatsoever: Le Ʋses. Redeliver. And that then leson after payment made to the said T. his Heirs [Page 316] Executors or Assigns, of the said Sum of &c. in manner and form aforesaid, he the said T. R. his Heirs Executors or Assigns, at and upon the reasonable request of the said Sir G. his Heirs Executors or Assigns, shall and will deliver, or cause &c. to the said G. his Heirs Executors or Assigns, one Recognizance of the Statute-staple of the Summ of &c. bearing date &c. wherin the said Sir G. standeth bound to the said T. for performance of the Covenants of the said former Indentures with Recognizance after such a delivery therof made, may then and therafter, at the pleasure of the said Sir G. his Heirs or Executors, be lawfully defaced and cancelled.
And further, that in case the said Sum of &c. shall be paid in form To make further assurance. aforesaid, and at the time therfore limited as abovesaid, that then by and during the space of one whole year, from thence next following, the said T. and his Heirs, and all other person and persons, having any lawfull Right Estate Interest Use Possession or Demand, of, in, to or out of the Premisses, or any part therof, by or from the said T. R. at and upon the reasonable request and costs and charges in the Law only of the said Sir G. his Heires Executors or Assigns, shall and will do, make, knowledge, and suffer, all and singular such lawfull and reasonable act and acts, thing and things in the Law, for the conveyance and assurance of the Premisses, and every part therof, to the said Sir G. B. his Heirs and Assigns for ever, in Fee-simple absolutely, to the only use of the said Sir G. his Heirs and Assigns, without any manner of Condition Defeazance or Limitation of any other Use or Uses, as by the said Sir G. his Heirs Executors or Assigns, or his or their learned Councel, shall be reasonably and lawfully devised, with warranty only against the said T. and his Heirs, so alwaies as the said T. and his Heirs, be not compelled Condition for travelling about the Assurance. Discharge of Incumbrances. for the executing and accomplishing of any the acts or things aforesaid, to travell from the place where such request shall be made.
And also that in case, that the said Sum of &c. shall be paid in form aforesaid, at the time aforesaid, that then at all times hereafter, the said T. his Heirs Executors Administrators and Assigns or some of them, shall from time to time keep harmlesse and indamnified▪ as well the said Sir G. his Heirs Executors and Assigns, as also the said Mannor and all other the Premisses, with their appurtenances, of and from all manner of former Bargains Sales Gifts Grants Leases Annuities Joyntures Dowers Uses Wills Intails Statutes-Merchant, and of the Staple Recognizances Charges and Incumbrances whatsoever had, made, done, or knowledged, or to be had &c. by the said T. his Heirs or Assigns, or by his or their assent, consent, means, or procurement of such Grants and Bargains, as the said T. heretofore hath, of or for the Premisses, or any part therof made, to or with the said Sir G. B: only except.
Provided alwaies, that in case it do happen that the said Sum of &c. Condition. [Page 317] be not paid in forme aforesaid at the time therefore limited as aforesaid that then and from thenceforth these presents as to the raising of any use or uses of or in the premisses or any part thereof unto the said Sir G. and his heirs and assigns shall be cleerly and utterly void and frustrate and then and thereafter the said T. R. and his heirs and all other person and persons seised or to be seised of the said premisses or any part thereof shall thereof stand and be seised to the onely use of the said T. and of his heirs and assigns for ever and to non other use or uses, these presents or any thing therein contained to the contrary notwithstanding, In witnesse &c.
An Indenture for raising of Ʋses in land with condition that if any of the Ʋses go about to alter the Estate tail, his Estate shall cease and the next in remainder enter, and condition also that the Donor may alter the Ʋses at his pleasure.
THis Indenture Tripartite &c. Between F. W. Esq. one of the principall Secretaries of our Soveraign Lady the Queen of the one party and Sir W. M. Knight and W. D. Gentlemen on the other party witnesseth that the said F. W. for and in consideration of the great love zeale and affection which he beareth to V. now his wife and for her preferment and advancement in living by him and for the good zeale love and affection which he beareth unto F. W. and M. W. his daughters and as yet heirs apparant unto him, and for the great love zeale and affection which he bareth unto E. W. Dame M. M. wife of said Sir W. M. B. S. and C. D. sisters to the said F. W. and for the preferment in living of the said F. the daughter and M. and their heirs and of his the said F. W. sisters and their heirs and for the continuance of the Mannor Lands Tenements and Hereditaments hereafter expressed in the blood, and kindred of the said F. the father and for divers other good causes &c. doth covenant and grant by these presents for him and his heirs to and with the said Sir W. M. and W. D. their heirs and assigns that he the said F. W. the father and his heirs and all and every other person and persons and their heirs and assigns that now stand or be seised or that hereafter shall stand or be seised of and in all that the Mannor and Lordship of B. and hundred of B. with all the rights members and appurtenances in the county of W. And of and in whatsoever the Messuages Lands Tenements &c: and Hereditament whatsoever, of the sayd F. the Father, with all and singular their appurtenances in the towns parishes hamlets and feilds of &c. in the said county of W. or else where in the same county of W. in which the said F. the father hath any estate of inheritance shall from henceforth stand and be seised thereof and of every part and parcell thereof to the uses behoofes intents and purposes hereafter expressed [Page 318] limited and appointed and to none other use behoof intent or purpose that is to say to the use and behoof of the said F. the father and V. for and during the term of their lives and the life of the longer live r of them without impeachment of any manner of wast during the life of the said F. the father and after their decease and the decease of the longest liver of them then of and in the one moity of the said mannor &c. to the use &c. and of and in &c. to the use &c. Here let the uses be raised, Provided alwaies and it is covenanted granted concluded Proviso [...]o extinct the Estate of the parties going about to discontinue the Estate Taile. and agreed between the said parties that if the said F. the daughter and M. or either of them shall be fully and finally resolved and determined and shall willingly and wittingly attempt or go about to suffer any recovery levy any fine or to make any discontinuance of the whole premisses or of any part or parcell thereof or to do or cause to be done any act or thing whereby the estate taile limited appointed or intended by these presents to them the said F. and M. or either of them and to the severall heirs of their severall bodies lawfully begotten or whereby the Fee-simple of the premisses or any part thereof shall or may be barred defeated undone determined discontinued altered or changed that then and from thenceforth the use in taile and estate before to her or him limited or which be by the intent and meaning of these presents, the same person or persons shall be inheritable o [...] and in so much of the premisses of or in the which shee or he shall be fully and finally resolved and determined and willingly and wittingly shall attempt or go abovt to suffer any Recovery, levy any Fine, or to make any Discontinuance, or to do any other act or acts thing or things whereby the estates taile or any of them limitted raised or appointed by these presents or any of the reversions or remainders limited in these presents should or shall by any waies or means be defeated avoyded undone discontinued barred altered changed or determined shall cease and be void touching her or him and the heirs of her or his body lawfully begotten to all intents and purposes as the same person or persons were dead without any heirs of his or their body and then the same shall be and go to the other uses limited in these presents according to the intent of these presents in such sort as it should, if she or he had died without issue of her or their body lawfully begotten, and for as much as the said F. W. hath Reasons condu▪ the conditio is following. not as yet any issue male of his body lawfully begotten and for that God may hereafter send him some issue male in which case the said F. may be desirous to undoe the assurance thereby made and to convey the inheritance of the premisses or suffer the same to dscend to such issue male and for that also the said two daughters of the said F. be as yet children and of tender age so as the proofe of them is not as yet seen in case it may chance that the said F. shall hereafter mislike of the conditions of his said daughters or one of them when they come [Page 319] of greater years (which God forbid) and for that it may be that the said V: may die, leaving the said F. and that after the said F. may take any other wise to whom it shall be necessary to make a Joynture of the premisses therefore and for other occasions that may chance. Proviso to make void the Estate taile Supra or any part thereof upon a w [...]ting to be [...]er [...]fore inrolled in the Chancery.
Provided alwaies, and it is covenanted &c. between the said parties and either and every of them, for him his and their heirs, doth covenant and grant by these presents to and with the other and his heirs, that if the said F. do at any time hereafter during his life upon whatsoever occasion by his Writing sealed with his seal, and inrolled in any Court of Record of the Queens highness, her heirs or successors signifie & declare that his Will and pleasure is, that the uses or Estates limited or appointed in these presents, shall be void and of none effect as touching or concerning all the said Mannor, &c. or touching some or any part thereof, that then and from thenceforth the uses estates and limitations conveyed raised or made by or in these presents, touching all the said Mannor, &c. and other the Premisses, whereof or in the which, the uses Estates and limitations, limited or expressed in these presents shall be so signified to be void and of none effect, or touching or concerning such or any part of the same premisses, whereof or in the which the uses estate and limitations limited or expressed in these presents shall be also signified or declared to be voyd and of none effect, shall from thenceforth cease, be cleerly voyd and of none effect. And that then and from thenceforth the sayd F. his heirs and assigns, and all and every person and persons, their heirs and assigns that now stand, or that hereafter shall stand seised of or in the sayd Mannor of &c. or of or in any such part parcell or member thereof, of in or touching which the sayd uses &c. shall be so signified or declared to be voyd, shall from thenceforth stand and be seised of and in the same premisses, of or in the which the uses &c. limited or expressed in these presents, shall be so signified or declared to be voyd, or of or in such part of the same premisses, of or in which the uses, &c. to the use and behoof of the sayd F. and of his heirs and assigns for ever, and to none other use behoof intent or purpose: And that then and from thenceforth it shall be lawfull unto the sayd F. and to his heirs, into the sayd Mannor, &c. whereof or in the which the uses &c. or into such part parcell or member of the premisses thereof, and enjoy as in their former estate: This Indenture, &c. In witnesse, &c. To one part, &c. And to another part, &c. And to the third part, &c.
An Indenture of Covenants to suffer a Recovery in London whereby the Land recovered is assured to the Bargainer, in case a summ of money (being the purchase money) be not payd, albeit the rest of the Assurances to the Vendee be absolute.
THis Indenture tripartite, &c. Between T. G. on the first party, G. L. &c. on the second party, and A. B. and C. D. on the third party witnesseth, That whereas the said T. G by good and sufficient conveyance, to him heretofore made, by and from the said G. L. is lawfully seised in his Demesne as of fee, of and in all that messuage, &c. A bargaine and sale of a Feofment with livery, and a Release enrolin London, all absolute with out Conditiot. and of and in all shops, &c. It is now fully covenanted granted concluded condescended and agreed between the said parties to these presents in manner and form following, that is to say, that the said A. B. and C. D. or the survivor of them before the first day of Oct. next ensuing the date of these presents, shal pursue and bring the Kings Majesties Writ of Right Patent, out of his Highness Court of Chancery against the said T. G. to be directed to the Mayor and Sheriffs of the City of London, By which Writ of Right Patent, the said A. and C. or the Survivor of them in the Guildhall of London, before the said Mayor and Sheriffs in the Court of Hustings according to the custome of the same City, shall demand against the said T. G. the said Messuage or Tenement, or other the Premisses by the name of one Messuage and one Curtilage with the appurtenances in London or by such other name or quantity, as the said T. or his learned Councill shall think meet, and that the said T. in his own proper person, or by his sufficient Attorney, shall appear to the said Writ, and after declaration thereupon made, shall make defence and vouch over to Warranty the said G. L. who shall appear and enter into Warranty, and vouch over the common Vouchee, which common Vouchee shall imparl, and after make default, and depart in contempt of the Court whereby Judgment shall be given in the said Writ against the said T. G. and Execution thereof shall be had. And now it is by these presents fully and expresly witnessed and declared, and also it is covenanted granted condescended expressed and agreed by and between all & every the said parties by this present Indenture, that the said Recovery in what manner forme, or by whatsoever Name or Names, the Use of the recofy, and of all other assurances same shall bee had and passed, and the Execution thereof, and that the true intent and meaning of the same is, and that all other Recoveries, and all Fines Feofments and other conveyances and assurances whatsoever, at any time since the first day of this instant month of July, suffered levied executed or made to be, &c. hereafter of the said Messuage Tenement and premisses or any part thereof, and that the said A. B. and C. D. and the Survivor of them and their heirs, and all and every other person and persons which now be, or at any time [Page 321] hereafter, shall be seised of the said Messuages &c. shall therof, and of every part therof stand and be seised to the uses and intents hereafter Uses. in these present Indentures mentioned and expressed, and to no other use or intent: that is to say, To the only use of the said T. G. and of his Heirs and Assigns for ever, so alwayes, and upon condition, that Conditions. said T: G: his Heirs, Executors, &c do pay &c. to the said G. L. the summ of 246 l. of &c. at the said Messuage &c. in form following, viz. on the &c. 76 l. therof &c.
Provided alwayes, and it is moreover Covenanted, Granted and Agreed Proviso to change the use. by and between the said parties to these presents, that if default be made of, or in payment of the said summ of &c. or any part therof contrary to the form afore mentioned, that then the said recovery to be suffered and executed by reason of these presents, and all and singular other the said Recoveries &c. shall be, and all persons that now be, or hereafter shall be seised of the said Messuage &c. shall from time to time, and at all times after such default had or made, stand, and be therof and of every part therof to the only use of the said G: L: his Heirs and Assigns for ever, and to none other use intent or purpose whatsoever. And also the said T: G: Covenanteth &c. that within three moneths Covenant to redeliver Writings. after such default, as aforesaid, made of and in payment of the said summ &c. contrary to the form aforesaid, he the said T: his Heirs or Assigns, shall at the Messuage aforesaid, well and safely redeliver, or cause &c. to the said G: his Heirs or Assigns, all such Deeds, Evidences or Writings, as the said G: or his Heirs, or of any of them hath now made or delivered, or hereafter in the mean time shall make or deliver to the said T: G: or his Heirs concerning the Premisses, or any part therof. A Covenant for giving Acquittances at every payment, &c. In witness, &c.
A Covenant to suffer a Recovery of Copy-hold Land by a Plaint in a Court Baron, after the order of a Recovery at the Common Law.
THis Indenture tripertite &c. between R. H. Citizen and Inholder of L. on the first party; and H. L. of H. in the County of M. and E. his wife, on the second party, and W. W. of L. Inne, in the County of M. Gentleman, on the third party, witnesseth, That for divers considerations moving the said parties, It is covenanted, granted, and agreed, by and between the said R. H. H L. and E his wife, and the said Covenant to suffer a Recovery of &c. W. and every of them, in manner and form following, that is to say, The said R. H. doth covenant and grant, that he the said R. before the 20. day of J. next &c. shall permit and suffer the said W. W. to bring [Page 322] and pursue against the said R: H. in the Court Baroa of the Mannor of H. in the said County of M. one Plaint in the nature of a Writ of Entry sur Disseisin, in le post, of all and singular those his Messuage, one Cottage, and twenty acres of Meadow, with the appurtenances, which said Messuage &c. being scituate together, and do abutt upon &c. and which said Messuage &c. the said R. H. late had in Remainder of the Surrender of M: H: his Father, by the names of one Tenement herietable, and two Crofts therunto appertaining, containing in the whole by estimation nine acres, somtime I: H: and an acre &c. lying between &c. as by the Court Roll of the generall Court of the said Mannor, holden at H. on Thursday being the 17. day of N. in the first year &c. amongst other things more fully and plainly doth and may appear. And that the same Plaint, in the nature of the said Writ of Entry in the Post, shall he entred commenced and sued, of all and every the Premisses, with the appurtenances, by the names of &c. with the Appurtenances in H. within the Jurisdiction of the Court of the said By the name. Mannor of H. to the which Writ the said R. H. also promiseth, that he shall and will appear in his own proper person, or by his Attorney in such behalf lawfully authorized: And therupon shall make his defence, according to the law, and therof shall Vouch to Warranty, of and for the Premisses one I: M: and that the said I: M: shall enter into the Warranty of the Premisses, and after shall make default according to the manner and form of common Recoveries in Writs of Entry sur disseisin in le post, wherby the said W: W: shall have Judgment to recover the said two Messuages, and twenty acres of Meadow, and other the Premisses, against the said R: H: and the said R: H: to recover over in value, against the said I: M: according to the manner and form of common Recoveries in Writs of Entry &c. which said Recovery the said R: H: covenanteth promiseth and granteth, to suffer to be executed by Precept and Warrant out of that Court, in the nature of a Writ Le use. of Habere facias seisinam, according to the order of the Law.
And it is further in like manner covenanted, granted condescended, and agreed between the said R: H: H. L: and E: his wife, and the said W: W: that the said Recovery and the Estate of the Premisses, to be had and to be recovered and obtained by reason therof, shall be to the only use behoof intent and meaning hereafter in these presents expressed and declared, and to none other uses behoofs intents and meanings, that is to say, To the use and behoof of the said E. L. the Daughter of the said R. H. and of her Heirs and Assigns for ever.
And moreover it is covenanted, granted condescended, and agreed between the said parties to these presents, and the same parties for them their Heirs Executors and Assigns; and for the Heirs Executors and Assigns of every of them, do covenant, promise, grant, condescend, conclude, and agree, by these presents, that the said W. W. and his Heirs [Page 323] and Assigns, after the said Recovery of the said Premisses and execution therupon had by the said W. accordingly shall therupon and therto stand and be seised of the said Messuage &c. to the only use and behoof of the said E. L. and of her Heirs and Assigns for ever; And to no other use or uses: In witness &c.
An Indenture for knowledging of a Fine and Recovery of Land, and leading the Ʋse therof with Covenants of Warranty and discharge of Incumbrances.
THis Indenture &c. between T. S. of West A. in the County of S: Gentleman, Son and Heir of I: S: late wife of C: S: deceased, Father of the said T: which I: was Daughter and Heir of R: P: the younger, which was Son and Heir of R: P: the elder, on the one party, and N. B: Citizen and Grocer of L: and S: B: eldest Son of the same N. on the other party, witnesseth, That for and in consideration of the Sum of &c. to the said T: before the ensealing &c. paid and contented by the said N: B. wherof &c. It is now covenanted concluded and agreed between the said parties.
And the said T: S: for him, his Heirs Executors and Administrators, and every of them doth covenant and grant, to and with the said N: B: and S: B: their Heirs Executors Administrators and Assigns, and every of them by these presents, in manner &c. That he the said T. S: and A. now his wife, before the 27th. day of June, now next coming, at the costs and charges in the Law of the said N: and S. shall and will knowledge one Fine sur Conizance de droit come ceo qui ad de Son done in due form of Law, and according to the usuall course of Fines unto the said N: and S: as well of all that Messuage, with all and singular Barns Stables Houses Buildings Lands Tenements and other Appurtenances therunto belonging, now or late in the Tenure or Occupation of &c. or of his Assigns, scituate &c. in T. in the County of M. with one W: R: by his Indenture of Lease, dated &c. did demise and let to Farm to one R. F: for a certain Term of years, yet not expired, and of one Close &c. containing by estimation 0. acres of Land and of a Feild called &c. containing &c. and of one Meadow &c. to and with the Messuage aforesaid, now occupyed and belonging; As also of all and singular other Messuages Lands Tenement Rents and Services, and the Reversion and Reversions therof whatsoever, which the said T. hath or ought to have in T. aforesaid; And the same by the said Fine shall remise and quite claim from them and their Heirs to the said N: and S: and the Heirs of the said N: for ever, with Warranty of the said T: and A: against themselves, and the Heirs of the said T: for ever, [Page 324] which Fine so had and levied, shall be to the use of the said N. and S: and their Heirs for ever.
And moreover it is agreed between the said parties, that immediatly or soon after the said Fine shall be knowledged and recorded, one N. N. shall bring and pursue one Writ of Entry in the Post, in the Kings Court of Common Pleas at W. before his Justices there, and therby shall demand the Premisses by words of Course, against the said N. B: and S. or the Survivor of them, to which Writ the said N: and S. or the Survivor of them, shall appear gratis, and Vouch to Warranty the said T: S.
And the said T: S: for him, his Heirs Executors and Administrators, doth covenant and grant, to and with the said N: and S: their Heirs Executors and Administrators, by these presents, That he the said T: upon reasonable premonition and request therof to him before hand to be given and made, will therupon appear in the said Court, and there enter into the said Warranty gratis, and after Vouch over the common Vouchee, who may them likewise enter into the Warranty and Imparl, and after Imparlance depart in contempt of the Court, so as a perfect Recovery with double Vouchee may then be had and passed of all the Premises in due form of the Law, and Seisin therof had and executed accordingly, for the perfect executing and performing of which said Recovery with double Voucher, as before the said T: S: for him his Heirs and Assigns, doth covenant and grant upon reasonable request, to do all such reasonable act and acts, as before is limited, or otherwise shall b [...] meet and convenient by him to be done and executed concerning the Premisses, the same to be done at the costs and charges in the Law only of the said N: or S. their Heirs or Assigns.
And it is further covenanted concluded and agreed, between the said parties to these presents, for themselves, their Heirs and Assigns, and every of them for himself and his Heirs, doth covenant grant and agree to and with each other of them, and his and their Heirs by these presents, that as well the said Fine and Recovery aforesaid, and either of them to be levied or had of the Premisses, or of any part therof, as also all and every other Conveyances and Assurances whatsoever, therof or of any part therof to be knowledged had or made at any time hereafter between the said parties, their Heirs or Assigns, shall be, and by these presents are fully and plainly expressed, declared, and agreed to be to the only use and behoof of the said N: S: and of their Heirs and Assigns for ever, and to none other use behoof intent or purpose whatsoever.
And the said T: S. covenanteth &c. to and with the said N: and S: &c. in manner &c. viz. That he the said T: S. now is and standeth, and untill the levying and engrossing of the Fine aforesaid, shall be and stand lawfully and solely seised, of and in all and singular the Premisses, [Page 325] of a good perfect and sure Estate in the Law in Fee-simple or Fee-tail; And that the same Premisses are and stand, and at the engrossing of the Fine aforesaid, shall be and stand, and for ever therafter shall abide and continue, clear and freely discharged and acquitted, or otherwise by the said T. his Heirs Executors or Administrators, at all times sufficiently saved harmlesse, of and from all and singular former Bargains Sales Leases Bonds Statutes Recognizances Rents Arrerages of Rents Forfeitures Re-entries, and Causes of Forfeiture or Re-entry, and all other Estates Rights Titles Grants Charges or Incumbrances whatsoever, had, made, caused, procured or agreed unto by the said T. S. or any of his Ancestors, or of any other person or persons, by his or their Means Title or Procurement one yearly Rent of five pounds sixteen shillings, eight pence, and sur to the Court of the Mannor of T. reserved, of and for the Premisses, yearly to be paid and done, to the Heirs and Assigns of W: C: Knight, deceased, and the said Lease made by the said W: R: to the said W: F: as aforesaid, alwaies except and fore prised.
And also that the said N: and S: their Heirs and Assigns, shall and lawfully may from henceforth have hold and enjoy the Premisses, and have take perceive and enjoy all the Rents Revenews Issues and Profits therof, to their own use, without any let disturbance or Eviction, of or by the said T: S: his Heirs or Assigns, or of or by any other person or persons, by his Means Title or Procurement.
And moreover, that he the said T. and his Heirs, at all times, during five years next after the date of these presents, at and upon every reasonable request, and at the costs and charges in the Law only of the said N: and S: their Heirs Executors or Assigns, or any of them shal and will do make knowledge and suffer all and singular act and acts, thing and things in the Law, with Warranty onely against the said T. and his Heirs, for the further or better conveyance, assurance, and sure making, of all and singular the Premisses, to be had, conveyed, and made sure to the said N: and S: and their Heirs, and the Survivor of them, his Heirs and Assigns, for his and their own use, clearly and absolutely, without any manner of Condition for ever, as by the said N. and S. or the Survivor of them, his Heirs Executors or Assigns, or by his or their Councel learned in the Laws of this Realm, shall be lawfully and reasonably devised or advised: In witness &c.
An Indenture for acknowledgement, and leading the use of a Fine and Recovery.
THis Indenture Tripartite made &c. Between H. G. Esq; on the first part A. G. natural Mother of the said H. on the second part, and T. G. Gent on the third part witnesseth, That it is Covenanted and Agreed, by and between the said parties for themselves, their Heirs and Assigns, in manner and form following, that is to say, That the said H. G. and A. his wife before the end of Michaelmas Term next comming before the Kings Majesties Justices of his Common Bench at Westminster shall leavy one Fine with Proclamations according to the Statute in that behalf provided unto the said T. G. and his Heirs of all those two Messuages with their appurtenances in F. and W. in the County of M, now or late in the several Tenures or Occupations of &c. or their Assigns, by the name of two Messuages, two Barns, two Gardens, sixteen acres of Meadowe, seventy acres of Pasture, and six acres of Wood, with their Appurtenances in F. and W. and that after the said Fine shall be recorded before the said Justices, T: W: Gentleman, and R: C: by the Kings Majesties Writ of Entry sur Disseisin in le post shall by the names aforesaid, demand the said Messuages with their Appurtenances, in the said Court, before the said Justices, against the said T. G. on this side the Feast of St. Andrew the Apostle next ensuing, to which Writ the said T. G: shall appear in his proper person, and make defence by words of course, and shall vouch to Warranty the said H: G: who also shall appear in his proper person, and vouch over the common Vouchee, who shall also appear and joyn the Mise, and after Imparlance shall depart in contempt of the Court, so as a perfect Recovery shall be had by the said T: G: and therof Seisin execuned upon the Premisses, according to the usuall manner of common Recovery.
And further that the said Recovery and the Seisin therof had as aforesaid, and all other former Conveyances of the Premisses shall be, and all persons seised or to be seised therof, or of any part therof, shal stand therof and be seised, to the only uses and intents following, and to none other use or intent whatsoever. That is to say, Of the said Messuage with the Appurtenances, in the Occupation of the said W: S: to the only use of the said H: G: and of his Heirs and Assigns for ever, and of the said Messu [...]ge with the Appurtenances, in the occupation of the said G. N. to the use of the said A. G: for and during all the term of the naturall l [...]fe of the said A. and after her decease, to the use of the said H. G. and of his Heirs and Assigns for ever.
And the said H: G: for him, his Heirs Executors and Administrators and every of them do covenant and grant, to and with the said A. G. her Executors &c. in manner &c. viz. That the said Messuage with [Page 327] the Appurtenances, in the Occupation of &c. and mentioned to be conveyed by the Fine and Recovery aforesaid, now is, and during the naturall life of the said A: G: shall be, or lawfully may be and continue to the said A: and her Assigns, during the naturall life of the said A. of the clear yearly rent and value of 13 l. 13 s. 4 d. of lawfull &c. above all Charges and Reprises.
And that the said A. G: and her Assigns, may lawfully and quietly have hold and enjoy the said Messuage with the Appurtenances, in the Occupation of the said &c. and mentio [...]d to be conveyed by the Fine and Recovery aforesaid, during the naturall life of the said A: clearly discharged and acquitted, or otherwise at all times by the said H: G: and and his Heirs, sufficiently keep harmlesse, of and from all former Bargains Grants Sales Bonds Charges Estates Titles Interests and Incumbrances whatsoever, had, made, done, caused, or procured by the said H; G: or by W: G: late Father of the said H: or by their, or any of their act, knowledge, consent, or procurement: In witness, &c:
An Indenture for acknowledging of a Fine of Rent.
THis Indenture Tripertite made &c. Between W: G: of B: in the County of W. Esq; and E. his wife on the first part, and R: P: Citizen and Merchant-Tailor of L: on the second part, and S P. eldest son of the said R. P. on the third part witnesseth, that it is Covenanted, Granted and Agreed between the said parties, for them, their Heirs and Assigns, and every of them by these presents. That the said W: and E: for themselves their Heirs and Assigns, and every of them do Covenant and Grant to and with the said R: and S: their Heirs and Assigns, and the heirs & assigns of every of them by these presents, in manner and form following, that is to say, That they the said W: and E: before the Feast of All Saints next comming at the costs and charges in the Law of the said R. and S: or of one of them, or of their Executors Administrators or Assigns, of one of them, shall and will in due form of Law knowledge and levy such a Fine or Fines with Proclamations before the Justices of our Soveraign Lo. the King of his Common Bench at Westminster, according to the common and usuall order of Fines, and of the Statutes in that Case provided of 9 l. 13 s. 4. d. going out of two Messuages and two Shops, and of one yearly Rent of 6 l. 13 s. 4 d. going out of one other Messuage, and one Shop, with the appurtenances in W: in the Parish of St. M: of L: at the Feasts of the Birth &c. the Annunciation &c. the Nativity &c. and St. Michael the Archangel by even portions to be paid, and also of 13 s. 4 d. to be paid in the name of a Paine for not paying of the said yearly [Page 328] Rent of 9 l. 13 s. 4 d. and of 10 s. to be paid in the name of a Paine for not paying the said yearly Rent of 6 l. 13 s. 4 d. then and so often when and as often as the same Rents in any Feast of the Feasts aforesaid shall be unpaid, and by the same Fine and Fines shall knowledge the said yearly Rents, and the said summs in the name of a Paine to be paid in manner and form aforesaid, to be the right of the said R. as those that the said R. and S. then shall have of the gift of the said W: and E: and the same by the said Fine or Fines shall remise and quite claim from them the said W: and E [...] and their Heirs to the said R: and S. and the Heirs of the said R: for ever.
And moreover the said W: and E: shall by the said Fine and Fines, grant for them, and the Heirs of the said W: that they shail warrant to the said R: and S: and to the Heirs of the same R. the said Rents, and the said summs to be paid in the name of a Paine in manner and form aforesaid, against them the said W. and E. and the Heirs of the said W: for ever, or otherwise by any other Fine in any other manner only, with such warranty as is aforesaid, as by the learned Councel of the said R: and S: or either of them shall be lawfully and reasonably devised or advised at the only costs and charges of the said R: and S: or of one of them or of the Heirs, Executors, or Administrators of one of them, and the parties aforesaid, do Covenant, Grant and Agree together for themselves their Heirs and Assigns, and for every of them, and the Heirs and Assigns of every of them by these present Indentures, that the said Fine, and every other Fine and Fines as aforesaid to be knowledged between the said parties, or their Heirs of and for the said yearly Rents aforesaid going out of the said Messuages and Shops aforesaid, and of the said summ to be paid in the name of a Paine, in manner and form aforesaid, shall be, and from thenceforth shall be deemed and taken to be, and also that then and from thenceforth the said R. and S. and the Heirs of the said R. and they the said R. and S. and the Heirs of every of them shall be and stand seised of the said yearly Rents, and other the Premisses with the appurtenances, to the only uses, intents and purposes hereafter expressed in these Indentures, and to none o [...] her use or uses, intent or purpose whatsoever, that is to say, Of the said yearly Rent of 9l. 13 s. 4d. and of the said sum of 13 s. 4 d. to be paid in the name of a Paine for not paying therof, in manner and form as aforesaid, as of en as the said Paine shall be payable to the only use and behoof of the said S. P. and of the Heirs and Assigns of the said S. for ever, and of the said yearly Rent of 6 l. 13 s. 4 d. and of the said summ of 10 s. to be paid in the name of a Paine for not paying therof in manner and form aforesaid, as often as the said Paine shall be payable to the only use of the said R. P. and of the Heirs and Assigns of the said R: P: for ever. In witness &c. to one part of these present Indentures, remaining to and with the said R. P. the said VV. and E [Page 329] have set their Seals, and to one other part thereof remaining, to and with the said S. P. the said VV. and E. have likewise set their Seals, and to the third part of the same Indentures remaining to and with the said VV. and E. the said R. and S. have set their seals, &c.
A Covenant to convey Land and Rent to the Ʋse of a Colledge.
THis Indenture Quadripartite, made &c. Between W. F. Citizen, and M. of L. on the first party, A B. &c. on the second party and the Master and Wardens of the mystery of Marchant Taylors, of the Fraternity of St John Baptist, in the City of L. on the third party, and the President, and Schollers of the Colledge of Saint John Baptist, Recitalls. in the University of O. on the fourth party, witnesseth, that wheras our said Soveraign Lady the Queen, by her Highness Letters Patents, under her great Seal of E bearing date at Westminster, the thirtieth day of October, now last past, for the causes, and for the Purpose in the same Letters Patents expressed, hath given and granted unto the said W. F. by the name of her welbeloved Servant W: F: and to his heirs and Assigns for ever, all that yearly Rent or stipend of seven pounds, and that yearly Rent of six shillings eight pence, which were somtime given and granted by Sir W. Fitz. W. Knight, deceased, to certain superstitious uses in the Church of M. in the County of N, and which were appointed by the said Sir W. to be issuing and going out of the Lands and Tenements of the mystery or fraternity of Saint John Baptist, in the City of L. and to be paid by the Master and Wardens of the mystery aforesaid, and also by the same Letters Patents, hath given and granted unto the said M. F: his Executors and Assigns, all the arrerages of the said severall yearly Rents of 6l and 6 s 8d, concealed and unpaid from the Feast of Easter, in the second year of the Raign of our late Soveraign Lord King E. the 6. untill the Feast day of Saint Micbaell the Arch Angell in the 19th year of the Raign of our said Soveraign, &c. and one Writing obligatory of two hundred marks remaining in the custody of her Majesties Remembrances, bearing date the twentieth day of March. now last past, wherein the said Master and Wardens, stood bound to her Majesty for the payment of 103 l. 6 s. for the arrerages of the said yearly Rents, as by the said Letters Patents, &c. and wheras the said W. F. in his own Right, Recitall of the seisure. and to his own use, is lawfullly and sole seised, of and in one Messuage or Tenement with the appurtenances lying and being in C. street, in the Parish &c. in L. now in the Occupation of R. T. and which the said W. lately purchased to him and his heirs of I. M: of L: Draper, Intentio [...] donato [...]s. Now the said W. F. minding not only to imploy the said messuage or [Page 330] Tenement with the appurtenances [...]or ever, to the Help and Releif of poor Schollers for the time being Students in Saint Johns Colledge, in Ox. Covenant to make Assurance by a day to A. B who shall make his will thereof to make certain uses. aforesaid, but also intending duely to perform the purpose and intent of the said Letters Patents for him and his heirs, doth covenant and grant to and with the said Master and Wardens, and their Successors by these Presents, that hee the said W. or his heirs, on this side, the Feast of Pentecost next coming, shall and will grant convey and assure from him the said W. and his Heirs unto the said A. B. and his Heirs for ever, as well the said capitall Messuage, with all and singular the Appurtenances in as large and ample manner, as the said VV: had the same of the said I. M as also the said yearly Rent or stipend of 7 l. and the said yearly Rent of 6s. 8d. and all the Arrerages thereof aforesaid, and also the said Writing obligatory and summ of money therein specified in as large and ample manner as our said Soveraign Lady hath given and granted the same to the said W. and his heirs as aforesaid. Yet nevertheless, upon and under such Condition that the said A. B. shall forthwith make and declare his last Will in Writing under his hand and seal of and for all and singular the Premisses, and by the same his last Will, shall devise give and bequeath all and singular the said premisses to the said Master and Wardens and their Successors for ever, to the intent, that they for ever hereafter shal imploy pay and distribute yearly, or cause, &c. yearly, the cleer yearly Rent and profit of the said Messuage or Tenement with the Appurtenances, between five poor Students and Schollers of the Colledge aforesaid for the time being, and which shall most like to bend their studies to Divinity, to be yearly divided them in five equall parts, that is, to every of them one equall fifth part, towards the amendment of their Batelings.
And further also to the intent that the said Wardens and their Successors shall for ever hereafter yerely imploy distribute and bestow the said yerely rent stipend of seven pounds and the said yerely rent of six shillings eight pence in such manner and form as hereafter in these presents is expressed, that is to say, the said yerely rent of six shilling eight pence yeerly to be paid and given in two equall moyeties viz on the 27 day of Octob the one halfe thereof to the Clark of the mystery aforesaid and the other half of the same day to the Bedle of the same mystery for the time being, and the said yerely rent or stipend of 7 pounds from thenceforth yerely on the said twenty seventh day of October to be distributed part and part like to and amongst the poore Almesmen of the livery of the said mistery to the augmenting of their pencions and so to have continuance from time to time forever. And the said W. F. doth by these presents ordaine and of one assent consent and agreement amongst all the said parties it is by them ordained and established for a perpetuall ordinance for and touching the said [Page 331] Dividends or portions of the said clear yeerly rent & profit of the said Messuages or Tenements with the appurtenances in manner and form following, that is to say that the said dividends or portions shall be called and named by the name of F, his Bateling and the said Master Covenant by the company to make payment, &c. and Wardens of the mystery aforesaid for them and their Successors do covenant and grant to and with the said W. F. &c. that they the said Masters and Wardens & their Successors shall and will yeerly distribute and pay the said severall yeerly rents of seven pounds and six shillings and eight pence and every part and parcell thereof yerely for ever, as they shall have and receive the same to the use and behoofes aforesaid and in such manner and form as is aforesaid and according unto the true meaning of these presents without any manner of default fraud or covin. A like covenant for the rent of the said Messuages &c. In witnesse &c.
Covenants between a high Sheriff, and his under Sheriff.
THis Indenture made the day of &c. in the yeare of our lord God and between A. B. of W. in the county of E G Esq. (now high Sheriff of the County of E. of the one part and C. D. of &c. in the County of &c▪ Gent. of the other part. Wheras his Highnes Oliver Lord Protector of the Common wealth of England Scotland & Ireland &c. by his Highnes Letters Patents under the great seal of E bearing date the 17th. day of this instant No. have made named assigned and appointed the said A. B. to be high Sheriff of the said county of E, during his pleasure. Now this Indenture witnesseth that the said A. B. for the good opinion which he hath conceived of the said C. D. and of the trust and confidence which he reposeth in him hath deputed assigned constituted and ordained and by these presents doth depute assigne constitute ordaine him the said C. D. to be his Under Sheriff of for and in the said County of E. during all the time that he the said A. B. shall be and remaine Sheriff of the said County by force of the Letters Patents aforesaid and doth hereby authorize the said C. D. to serve exercise & execute the said office of Under Sheriff of the said County under him the said A. B. in his name during all the time aforesaid and the said A. B. as far as in him is doth also by these presents grant unto the said C. D. that it shall and may be lawfull to and for the said C D. by force hereof to appear answer and serve and minister as under Sheriff of the said County of E. for and in the name of the said A. B. as well in all places in the said County of E. as in all and every the Court & Courts as within the Common-Wealth of England and before all and every the Justices of Oyer and Terminer, [Page 332] Justices of Assize & Goal delivery Justices in Eyer and of the forrest Officers Justices of the peace Coroners and Eschetors and other Officers & Commissioners of this Common-Wealth & the Forrest Officers where the said A. B. by vertue of the said office of Sheriffwick for the said County of E. shall be bound or ought to appear answer serve or be attendant and to break open answer return & execute for him the said A. B. in his name all Processes Writs Precepts Warrants Mandates and Commandements to the Sheriff of the said County directed or hereafter to be directed out of any the Courts aforesaid or from any the Justices Comissioners Coroners or Eschetors aforesaid and to do performe and execute for him the said A. B. and in his name all and every thing and things which by him the said A, B. by vertue of his office of Sheriffwick of the said County of E. is to be performed executed and done saving alwaies and excepting the said C. D. shall not by vertue thereof be authorized to open returne send execute any writ or writs for electing any Knights of Sheir or burgesses of the Parl. for the said County of E. or any other Burrough within the said county, nor to open execute or answer any the letters of his Highnes the Lord Protector or the Councill to be directed unto the said Sheriff of the said County of E. without the speciall warrant direction Commandement of him the said A. B. for that purposes.
And further the said A. B. doth by these presents grant unto the said C. D. for the executing of the said office all the fees duties and profits to him due arising and growing by the County Courts to be kept within the said County of E. and all other fees rewards duties allowances and profits incident to the office of Sheriffwick or thereunto belonging for which the said A. B. is or shal be allowed by the Common laws of this realme or customes of the said County either for the opening returning or executing of any writ precept or proces warrant or Command whatsoever or for other executing of the said office and which have not been accepted heretofore the ordinary fees of any other his Bayliffs or other officers to have and enjoy the said duties fees rewards allowances and other profits to his own use without an account to be rendred to the said A. B. his Executors Administrators for the same.
And the said C, D. for and in consideration of the Benevolence aforesaid, and for the free gift and grant of the said A. B. doth for himself his heirs Executors Administrators▪ and Assignes, and every of them, covenant promise grant and agree to and with the said A. B. his Heirs Executors, Administrators and Assigns, by these presents, that he the said C: D. shall and will at all times from and after the day of the date of these presents, duely diligently lawfully and carefully serve the said A. B. as his Deputy and under Sheriff, of in and for the said County of E. without doing or committing any kind of [Page 333] Extortion or willfull mis-beleiving of himself in the said Office, and shall and will duely, and respectively execute the said Office of Sheriffwick, under the name of the said A, B. in all poines so far forth, as these presents, the Laws of the Land or other license or commandment of the said A, B. shall warrant or give Liberty, and shall and will in the name of the said A. B. and as his Deputy in the said Office of undersheriff of the said County of E. be answerable, attendant, and minister in all Courts of his highness the Lord Protector by and before the said Justices of Assize, Justices of Eyer, and of the forrest and all Commissioners Escheators Coroners and other Justices, and Officers of his highness the Lord Protector, before whom the said A. B. shall be bound or required to minister answer or be attendant in respect of the said Office of Sheriffwick for the said County of E. and shall and will execute and make answer, true and sufficient Returne of all such Processes Writs Precepts and Commandments, directed from the Keepers of the Liberties of England, or from every or any of the said Courts Justices Commissioners Escheators and other Officers aforesaid as shall be delivered to, or come to the hands of him the said C. D. his Deputy or Deputies, Assignee or Assigns, or shall and will discharge and save harmless the said A. B. his Heirs Executors and Administrators, and his and their and every of their Lands Tenements Goods and Chattels, off and from all Fines Issues and Amerciaments, and other penalties Forfeitures pains corporal, and pecuniary whatsoever, wherby or wherewithall the said A: B. his Heirs Executors or Administrators or his or their Lands Tenements Goods or Chattells shall or may be charged or chargeable, for his the said A. B. or the said CD. not excuting, not fileing neglecting misexecuting evill, returning not serving mis-returning or mis-fileing any of the said Writs Processes Precepts Warrants or Commandments aforesaid, or for the absence, ill attendance, or not attendance of the said A. B. or of the said C. D. or his Deputy as aforesaid, or other misdemeanors, in the executing, not executing or mis-executing of the said Office in any thing which the said C. D. might by vertue of these presents by himself or his deputies execute or perform other then from such fines issues and Amerciaments and other penalties as shall be imposed or adjudged upon or against the said A. B. for or in respect of any offence fault or negligence by the said A. B, at any time after the day of the date of these presents comitted omitted or done or to be comitted omitted or done by himself in his own person or by any other (except the said C. D. by his the said A. B. his Commandement or appointment without the consent of the said C. D: And that the said C. D. shall himself or his sufficient deputy or deputies duly & lawfully keep or cause to be kept within the said County of E, all and singular County Courts of the said County at such times & places as heretofore hath been accustomed and that he [Page 334] the said C. D. shall and will make and appoint one or more Attorney or Attorneyes deputy or deputies of record in the Courts of Record now commonly called the Upper Bench, Com. Bench, and Exchecquer and in all other Courts and Offices wherein Attorneis are commonly appointed and so shal and will ordain appoint and make one or more able deputy or deputies for him the said A. B. in every hundred within the said County of E. according to the Lawes and Statutes in these cases provided, so that the said A. B. shall not hereafter be lyable to any penalty or Forfeiture, for want of any such Attorney or Deputy, and shall and will at his own proper costs and charges, appear and make ready all such place and places, where the Assises Gaol Delivery or Sessions, shall be from time to time holden meet and convenient Courts, Bars, and all other things necessary and convenient, for the Justices of Assise, and other Justices to keep their Assises and Gaol Deliveries and Sessions in, and shall and will from time to time, give notice in convenient time to the said A. B. of all and every such time and times, place and places, where the personall attendance of the said A B. shall be requisite and necessary, so as the said A. B. may be personally present at such times and places when and where his personall appearance and attendance shall be necessary.
And furthermore that the said C: D: by and during the continuance of the said Office, shall and will well and truly collect, leavy, gather, and seise to the use of his Highness, the Lord Protector, all the goods and chattels of Felonies and Fugitives, and of all persons Outlawed and put in Exigent, and of all persons Attainted and Convicted of Treason, Murder or Felony, which shall happen within the said County of E. during the time aforesaid, which shall be due or forfeited to his Highness the Lord Protector by any wayes or means aforesaid, and shall and will from time to time, well and truly collect and gather up all Fines, Amerciaments, Extracts, Certainties, Fee-Farms, Pipe-silver for Licence, Concord for Fines, Greenwax, and all other summ and summs of money which to the Collection of the said A. B. by reason of the Sheriffwick of the said County shall appertain or belong and which the said C. D. shall have Warrant or lawful Authority to seise, leavy, or collect, or which he shall have notice of, and may reasonably come by, and therof, and of every part therof, and of all other the Issues and Revenues of the said County, and of all summs of money due, or hereafter during the continuance of the said Office of Sheriffewick of the said County, doth or may appertain, shall and will to his Highness the Lord Protector in the Court of Exchecquer aforesaid, yeild and give just account, and also that he the said C: D: his Executors, Administrators, at such dayes and terms as he the said A. B: is or shal be required to enter into account of the Court of Exchecquer, for or touching the said Office. The said C: D: shall and will enter into account in [Page 335] the said Court of Exchecquer, in the name of the said A: B. for and concerning the said Sheriffwick of the said County of E. in and upon which account the said C: D: his Executors, and Administrators, shall and will truly answer all such debts, duties, and summs of moneys, as the said C. D: his Deputies, Officers or Servants, or any of the Bayleiffs of any of the Hundreds of the said County shall have received, or might have received, or wherewith the said A: B: as Sheriff of the said County shall be any wayes charged or chargeable with upon the same account, and the same account shall and will, at his the said C: D: his own costs and charges prosecute with effect untill the same account be fully finished and concluded without demanding any allowance or allowances of the said A: B: his Heirs Executors oe Administrators for the same; and also that the said C. D. his Executors, and Administrators, shall and will pay into the Receipt of Exchecquer all such summs of money as upon the said account shall be found in Arrerages within one year next after the Feast of St. Michael next ensuing the date hereof and in the name of the said A. B. obtaine a lawful discharge and Quietus est out of the said Court of Exchecquer for him the said A. B. and the same shall and will deliver unto the said A. B. his Heirs Executors or Assigns, for a full discharge of him the said A. B. his Heirs Executors Administrators and Assigns, of and concerning the said Sheriffwick of the said County of E. within one year next after the said Feast of St. Michael, and that the said C. D. his Heirs, Execucutors Administrators and Assigns, or some, or one of them, shall and will at some or one of their own proper costs and charges, disburse and pay for the said A: B: all and all manner of Fees, Duties, Charges, summ and summs of money, Rewards, Gratuities and Demands whatsoever which shall be required, demanded or demandable of the said A. B: as due or accustomed to be paid or given by the Sheriff of the said County for or by reason of the said account without demanding any allowance or allowances therfore of the said A: B: his Heirs Executors Administrators or Assigns, and the said C. D. doth further for the consideration aforesaid, for himself his Heirs Executors Admininistrators and Assigns, and for every of them Covenant, Promise, Grant and Agree to and with the said A: B. his Heirs Executors Administrators and Assigns by these presents, That he the said C. D. his Executors or Administrators, shall and will from time to time, and at all times hereafter well duly and truly satisfie and pay all and singular such summ and summs of money as he the said C. D. or any deputy Clerk or Clerks, Bailiff or Bailiffs Substitute or Substitutes under him, shall at any time and times, and all times leavy or receive, by vertue or reason of any Writ or Writs, Proces of Extent Libertate Capias ad satisfaciendum, fieri facias, eleget, distringas nuper Vice comes, against any former Sheriff, or any other writ or writs of execution or Warrants whatsoever [Page 336] according to the purport and true tenure of any such Writ o Writs, Warrant or Warrants respectively and in such manner as by the same respectively shall be limited, required, or appointed, and shall from time to time sufficiently save harmless and defend the said A B. his Heirs, Executors and Administrators, of, for, and from all and every such summ and summs of money as aforesaid.
And further, that he the said C: D: his Heirs Executors Administrators or Assigns, shall and will at his and their own proper costs and charges, conduct and safe delivery of all such Prisoners as are, or hereafter shall be in the custody of the Gaol for the said County of E: to such person and persons, and to such place and places, as the said A: B: shall by Writ, Warrant, or other Precept, or Commandement, or by virtue and in respect of his said Office, be commanded or bound to deliver the same. And further shall and will also at his and their own proper costs and charges, execute or cause to be executed, all such persons as at any time during the time aforesaid, shall be convicted and put in execution, according to their severall Judgments, if the same person or persons be not by any lawfull authority reprieved into the said Gaol.
And the said C: D. doth further for himself, his Heirs Executors Administrators and Assigns, and every of them, covenant grant promise and agree, to and with the said A. B. his Heirs Executors Administrators and Assigns by these presents, That he the said C. D. his Executors and Administrators, shall and will upon the discharge and giving up of the said Office, to such as shall succeed in the said Office of Sheriffwick, of and for the said County of E. in due form of Law deliver, or cause to be delivered by Indenture to be made between the said A. B. and his Successors, in the said Office to the said Successor of the said A. B. in the said Office, or to his Deputy for the time being, all such Prisoners as then shall be in the Custody of the said A: B: or of any of his Deputies, or Ministers, with the Causes of their Detainments and Imprisonments, and all such Iron Implements and Things, as shall be in the Custody of the said C. D. belonging to the Common Gaol of the said County, or to the Officers of the same: And also all Writs Processes Warrants and other things, which then shal be in his hands & custody, in respect of the Office of Sheriffwick, of in and for the said County of E.
And the said C. D. doth further for himself, his Heirs Executors Administrators and Assigns, covenant promise grant and agree, to and with the said A▪ B. his Heirs Executors and Administrators by these present, That he the said C. D. his Heirs Executors or Administrators, shall and will from time to time, and at all times hereafter, discharge defend and save harmlesse as well the said A. B. his Heirs Executors and Administrators, and his and their Lands and Tenements Goods [Page 337] and Chattels, as well against his Highnesse the Lord Protector, and all other persons whatsoever, of for and from all manner of Pains Corporall and Pecuniary, Forfeitures Fines Amerciaments Debts Accounts Duties and Demands whatsoever, hereafter lawfully to be commenced prosecuted imposed demanded or demandable of or against the said A. B. his Heirs Executors or Administrators, or his or their Lands Goods Tenements and Chattels, for or by reason of any escape of any Prisoner or Prisoners whatsoever, now under execution or under arrest, or hereafter to be had in execution under Arrest, for any manner of Debt Damage Trespasse Account or other Duties or Wrong, or for any Treason Felony or other Offence whatsoever, or for any or by reason of not appearance of any person arrested at the day limited, for the appearance in any Court or Courts, or before any Judge, or Judges, or Justices whatsoever, or for or by reason of any False Return, not Return or Mis▪return of any Writ, Warrant or Proces, or for any other mis-behaviour, negligence, or larges, of the said C. D. his Bayliffs or Officers in executing, or negligence in executing, or not in executing of the said Office of Sheriffwick, for the said County of E. of or for, or by reason of the not levying answering or not paying of any Sum or Sums of money, which shall, or may, or ought to be collected or received by virtue or reason of the said Office of the Sheriffwick of the said A. B. or having relation therunto, or by reason of any Writ or Writs of Assistance, for the levying of any Sums of money, wherwith the said A. B. shall or may be charged or chargable, of or for any matter, clause or thing, having relation to the said Office, and to the intent that the said C. D. may the better perform the execution of the said Office, the said A. B. is contented and pleased, and doth hereby grant unto the said C. D. that he the said C. D. shall have to his own use, the benefit of such Bonds and Covenants as shall be taken of any person or persons, wherin the same person or persons shall become bound unto the said A. B. as Sheriff of the said County of E. with condition for their or any of their appearances in any Court, or elsewhere, before any Commissioners of the Keepers of the Liberties of Eng. by Authority of Parliament: And of all Obligations taken or to be taken of any Bayliffs or their Sureties, and of all other Bonds and Covenants, which are or shall be made to the said A. B. as the Sheriff of the said County of E. (except the Covenants herein contained) and the Bonds and Obligations taken or to be taken, for the performance of the said Covenants, and every of them (except before excepted) and shall and may sue and prosecute the same in the name of A. B. his Executors and Administrators, at the proper costs and charges of the said C. D. his Executors Administrators and Assigns, and the moneys therof and therby recovered to have, take, and detain, to his and their own use and uses, without any account therof, to yeild or make to the said A. B. his [Page 338] Heirs Executors Administrators or Assigns, all which said Bonds and Covenants (except before excepted) he the said A. B. doth for himself his Heirs Executors Administrators and Assigns, covenant promise gran [...] and agree, to and with the said C. D. his Executors and Administrators by these presents, that neither he the said A. B. nor his Heirs Executors or Administrators, or any of them, shall release acquit nor discharge the said Bonds or Covenants, nor any Action, Plaint, or Suit therupon to be brought, or any Judgment or Execution therupon to be had, without the assent of the said C. D. his Executors Administrators or Assigns, unlesse he the said A. B. his Heirs Executors or Administrators shall be enjoyned therunto, by order or course of Law or Equity.
And the said C. D. doth for himself, his Heirs Executors and Administrators, covenant promise and grant, to and with the said A. B. his Heirs Executors and Administrators by these presents, that he the said C. D. his Executors and Administrators, shall and will from time to time, and at all times hereafter, save defend and keep harmlesse the said A. B. his Heirs Executors and Administrators, and his and their Lands Tenements Goods and Chattels, of and from all costs and charges and damages wh [...]ch may arise or happen, by reason of any Bill in Equity or of any Non-suit or Judgment obtained by any person or persons, of or upon any of the said Covenants Obligations or Bonds, to be taken for appearance as aforesaid, or by reason or means of removing any Action or Suit in the name of the said A. B. his Heirs Executors or Administrators, against any person or persons upon the same Covenants Obligations, or any of them.
And wheras it is agreed by and between the said parties to these presents, that the said C. D. shall come bound by Obligation to the said A. B. in the penall Sum of 500 l. conditioned for the true performance of the Covenants Articles and agreements, in these presents contained on the part and behalf of him the said C. D. his Heirs Executors and Administrators, to be performed, and shall also procure five sufficient Sureties, before the 30 day of January next ensuing the date hereof, to become bound unto the said A. B. in the severall penall Sums of 100 l. a peice, with the like conditions as aforesaid.
Now the said C. B. is contented and pleased, and doth by these presents, for himself, his Heirs Executors Administrators and Assigns, covenant Promise and grant, to and with the said C. D. his Heirs Executors Administrators and Assigns by these presents, that he the said A. B. his Heirs Executors or Administrators or some, or one of them, shall and will within the space of one year next after the said C. D. his Heirs Executors or Administrators, shall deliver or cause to be delivered unto the said A. B. his Heirs Executors Administrators or Assigns, the said Quietus est before in these presents mentioned, the said A. B. [Page 339] his Heirs Executors and Administrators, being first sufficiently and reasonably discharged and saved harmlesse, of and from all the Payments, Penalties, Fines, Amerciaments, Damages, Dangers, and other Demands before in these presents mentioned, upon the reasonable request of the said C. D. his Heirs Executors or Administrators, shall deliver, or cause to be delivered up the said Obligations so to be made by the sureties of the said A. B. as aforesaid, to such Surety or Sureties respectively, and to their respective Heirs Executors or Administrators, to be cancelled: In witness wherof, &c:
An Indenture for building of a House, both Carpenters work and Bricklayers work.
THis Indenture &c. between T. A. of &c. and R. A. of the same Parish of B. on the one party, and T. A. of L. Skinner, on the other party, witnesseth, that the said T. and R. as well in consideration of the Sum of 20 s. of lawfull &c. to them in hand, before the ensealing and delivery hereof paid by the said T. A. as also in consideration of the Consideration. Sum of 100 l. more of like money to be paid by the said T. A. his Executors Administrators or Assigns, to the said T. A. and R. A. their Executors Administrators or Assigns, in manner and form hereafter in these presents expressed, do covenant promise and grant, and either of them Covenant &c. covenanteth promiseth and granteth for themselves, and for either of them, and for the Heirs Executors and Administrators of them, and of either of them, and for every of them, and with the said T. A. his Executors Administrators and Assigns, and every of them by these presents, in manner and form following; That is to say, That they the said T: A. and R. A. their Executors Administrators and Assigns, at their own proper costs and charges, at or before the last day of March, next ensuing the date hereof, in such place within the Parish of H. within the County of M. as the said T: A: hath already limited assigned or appointed, Build and set up a new house with rooms limited in the severall Sto [...]ies. or he, his Executors Administrators or Assigns, shall limit assign or appoint, hereafter shall and will make, build, erect, set up, and perfectly finish, to and for the use and behoof of the said T. A. his Heirs Executors Administrators and Assigns, one new Frame, Edifice, Building, and House, and in the same all such severall Rooms, and other things, as hereafter in these presents are expressed; that is to say, One Hall, one Parlour, and one Kitchin in the first Story therof on the ground, and in the second Story therof two Chambers over the same Hall and Parlour, and one Chamber over the said Kitchin, and two Garrets in Stories over the said Story, and that the said Hall and Parlour shall contain in length, from outside to outside 28. [Page 340] foot of assise, and in breath from outside to outside 16. foot of assise: Length and breadth of the Rooms. And that the said Kitchin shall contain in length from outside to outside 16. foot of assise, and in breadth from outside to outside 16. foot of assise: And all the said first Story shall contain in height 9. foot of assise; and that all the said second Story shall contain in height 8. Height of the Stories. Largness of the Rooms. foot of assise, and that the said half Story shall contain in height 3. foot of assise, and that the said Chamber to be made over the said Hall shall be as near as may be equall in largnesse, length, and proportion to the same Hall, over and besides the Implements hereunder specified; And that the said Chamber to be made over the said Parlour, shall be as near as may be equall in largnesse, length, and proportion to the same Parlour, over and besides the Implements hereafter expressed. And that the said Chamber to be made over the said Kitchin, shall be also as neer as may be equall in largnesse, length and proportion to the same Kitchin over and besides the said Implements hereafter specified. And that the Garrets aforesaid; shall be as neer as may be equall in largnesse, length and proportion to the said Chambers, over the which the Windows to the severall Rooms. same shall be made.
And that the said T: A: and R: A: their Executors Administrators and assigns, shall in the said severall Rooms, make all such Windows, clear Stories and other things as hereafter are expressed; That is to say, In the said Hall one fair Bay Window, as shall be most fair and proportionable for the same Room and clear Stories, on either side of the said, by Window as shall fall out most conveniently for that Room, and in the said Parlour, two fair bay Windows, as shall be most fit for the same Room, and in such places therof as the said T: A: his Executors or Assigns shall appoint, and in the said Kitchin one partition for a Buttery and clear Stories for light, as shall be most meet for the same Kitchin and Buttery, and in the said two Chambers over the Hall and Parlour aforesaid, four fair bay Windows, as shall be most convenient for the same Chambers, and that in such severall paces therof, as the said T. A. his Executors or Assigns shall appoint; And two fair by-Windows in the said Chamber over the Kitchin as shall be most fit for the same Room and in the Garrets aforesaid fair Dormant Windows, and Lights in and upon the same, as shal be most fit for those Rooms, and in the Garrets aforesaid, fair Dormant Windows and Lights in and upon the same, as shall be most fit for those Rooms: And shall also Perements. make good meet and sufficient Court-houses & Perements to all the said Windows which shall be made in the said Hall, Parlour, and Kitchin, Floors. and in the said three Chambers over the said Hall, Parlour, and Kitchin. And also that they the said T. and R. their Executors Administrators and Assigns, shall make and board all the Floors of the said Hall, Parlour, Chambers, and Garrets, of and with good and seasonable narrow Deal Bords, or Oake. And shall also make one pair of Stairs, [Page 341] and one stair close without the said house, which shall lead ascend and Staires. serve for passing unto all the chambers and Garrets afore-specified, and shall also make Rear and set up suff [...]ciently, between the said Hall and Parlour in convenient places, 4. new good strong and sufficient chimneys of Brick, with 4. parols of stone, which shall conveniently serve for the Brick work. said Hall and Parlour, and the said two chambers over them, whereof the 2 chimnies for the said Hall and Parlour to contain five foot in widenes a peice on the inside of the same chimnies, and the other two chimnyes for the said chambers over the said Hall and Parlour, to be four foot and one half foot a peice in wideness, within the same chimnies, and shall also sufficiently make Rear and set up in the Kitchin aforesaid, one good strong and sufficient chimney of Brick, containing in widness seven foot, and one mantle tree of wood for the same: And shall also make in the same Kitchin one fair Oven, the floor and forepart whereof shall be of free stone, and shall also make and rear in the said chamber over the said Kitchin, one other chimney of Brick-work with a Paroll of stone thereto in the breast of that chimney, which shall ascend, out of the said Kitchin, and shall make and find all but ments meet for the said chimney.
And further that the said T. A. and R A their Executors and Assigns Foundation. shall make a good and sufficient foundation of Brick, to and for the said new frame & house, which foundation shall be sixteen inches above the ground, and shall also sufficiently tile and cover all the said new frame and house with sufficient tiles, and make all Doors Walls Floors Tiling doors, and partitions which shall be needfull meet or convenient in and about the said new frame and house, and that all the said walls shall be made on the inside with Lome, and on the outside with Lime and hair, and that all the Timber of the said new frame and house shall be covered on the outside with Lime and hair, and that the said Chambers over the said Hall Parlor and Kitchin, shal every way jut out forward and backward by the space of 16 inches beyond the said severall Rooms under Jutments. them, And that they the said T. A. and R. A. their Executors Administrators and Assigns, shal make two seelings of Lime and hair, through all the first and second staires of the said new frame and house, and shal finde and provide all timber-stuff, workmanship and other things whatsoever, Seelings. Premisses of good stuffe and work manly to be wrought. meet or needfull for the said premisses or any of them (all iron work, other then nailes only except) and that all the said frame building house Rooms Chimnies, and other things afore specified, shal be made of and with goodstrong seasonable and sufficient timberstuff, and shall be well and workmanly made and done, and shall be fully and perfectly finished, at or before the said last day of March next coming, for and in consideration of which said new frame and house, and of all other the premisses to he done performed and accomplished Consideration mony to be paid in a form limited. on the part and behalf of the said T. A. and R. A. their Executors [Page 342] Administrators and Assigns, in form aforesaid, the said T. A. for him his Executors Administrators and Assigns, and every of them doth covenant and grant to and with the said T. A. and R. A. and either of them, and the Executors Administrators and Assigns of them & of either of them by these presents, that he the said T. A. his Executors Administrators or Assigns, at or before the said new frame and other the premisses, shall be made set up and accomplished in form aforesaid, shall pay or cause to be paid to the said T. A. and R. A. their Executors Administrators or Assigns for the making and accomplishing of all the said work and premisses as aforesaid, the summ of 100 l. of lawfull &c. whereof the said T. A. and his assigns, to have to his and their own use 57 l. and the said R. A. his Executors and Assigns, to have to his and their own use 43 l. In witnesse; &c.
An Indenture of Covenants where Carpenters have bargained to pluck down an old house and build a new by a day in a certain form prescribed.
THis Indenture &c. Between R. P. Cit. and Letherseller of L. on the one partie and T. P. and T. M. Cit. and Carpenters of L. on the other partie witnesseth that it is Covenanted Granted Bargainted Concluded and agreed by and between the said parties in manner and form following that is to say, that the said T, and T, for them their Executors and Administrators and every of them do Covenant &c. in manner and form as hereafter in these presents from article to article doth insue and follow that is to say that the said T. and T. their Executors or Assigns at their own proper costs and charges before the sixth of March next &c. shall take down to ground all the timber Take down the old building. and Carpenters worke of all that old frame of those tenements of the said R. in B. street in the parish now in the occupation of the said P. containing in length from north to the south 50, foot or there abouts, and then shall assigne the plat to the Bricklaiers for the foundation of a new building in the same place to be erected, & on the said Assigne the plat to the Bricklayers for the foundation. plat at their said costs and charges shall before the sixth of June next &c. well and worke manly and of good sound and strong Timber of Ork competent and sufficient for such a building and of convenient scantling and in good proportion erect build and set up and fully finish Set up a new frame. one new frame intire and perfect in all things belonging to Carpenters worke of the length of 50. foot as aforesaid or their abouts as shall Length. fitly and aptly supply the place wherein the said old frame doth stand and to be in height two stories and one garret with two floores of Two stories and [...] high. good and found somers and joists of Ork well framed and laid (boords [Page 343] for the said floors onely to be found at the charges of the said R. his Floores. widnes and height of the sto [...]es. Div [...]sion of the stori [...] into room [...] according to a plat dra [...]n W [...]ndow [...]s in the Hall and Parlour. Executors Administrators) And the nether story of the said new frame to be in widnes from the outside plat to plat 17. foot and in height 9. foot or above and the 2. story to Jutty to the street one foot and eight inches and to be in widnes 18. foot and 8 inches and to be in height 8 foot and the nether story to be divided into an entry a kitchin and Hall a Buttery and a Parlour and the upper story into three chambers according to a plat which the said T. and T. have thereof delivered to the said R. drawn in paper and that their shall be in the said Hall-roome towards the street one bay window of eight foot broad of faire wrought marvills with a transent and of convenient heighth and one other like bay window in the same roome towards the West of six foot in breadth and a cleer story adjoyning to the north side of the said bay window towards the street and one other bay-window Staire out of Hall to ascend. Light to the staire. in the said parlour roome which faire wrought marvills and a transent towards the street to be eight foot broad and a cleer story with a transent in the west side of the same parlour roome of foure foot in breadth and also that the said T. and T. at their like charges as aforesaid shall make one staire to lead out of the said Hall roome into the story above with one cleer story of two foot and a half in the frame to give light to the same staire and another cleer windo wes to the Kitchin and Chambers. story of two foot in breadth to give light to the buttry aforesaid and in the street side of the kitchin one cleer story with a transent of 9. foot in breadth and in the chamber over the kitchin on the street side one bay window with transent and wrought to be of six foot wide and a cleer story adjoyning to the north side thereof of foure foote The thickness and breadth of the ground plats and quality of the principalls. wide and one other like cleer story on the west side of the same chamber of foure foot wide and in the chamber over the hall towards the street one bay window &c. and in the chamber over the parlour 2. fair shutting windowes &c & it is bargained and agreed between the said parties for them their Executors and Administrators that the ground plats of the said frame to be newly built shall be eight inches thick or above and in breadth 9 [...] inches or above and all the principalls shall answer accordingly and that there shall be three dormants in the east Dormants and windowes in the garret. side of the garret seiling directly over the bay windows of the second story containing eight foot in widnes apeece and the windowes in the said dormants to be foure foot wide apeece and also falling windowes to shut in the same and all the east side of the same new frame from the The street side of the building to be punchon [...] and space. The frame to answer the plat Doors and paritions. ground to the top of the dormants to be punchiond and space of good order and well framed and also the neither story of the said new building on the west side to be punchiond and space as aforesaid and all the said new frame duly to answer in all things to such a plot as aforesaid which the said T. and T. have already thereof delivered ready drawn to the said R. P. as aforesaid, all the partitions & doors to be necessary [Page 344] into the said new frame likewise to be made and finished in the same by the said T. and T. or their Assigns at their own costs and charges aforesaid before the sixth of June next &c, for and in consideration of Consideration for the Building. which said Bargaines Covenants Promisses Articles and Agreements of the part of the said T. and T. by them their Executors and Administrators well and truly to be performed fulfilled and kept the said R. hath paid in hand to the said T. and T. at the ensealing A Summ in hand. Therest at daies. hereof 25. pounds &c. of and for the which 25. pounds the said T. and T. doth release and acquit the said R. and his Executors by these presents and the said R. P. for him &c. doth Covenant &c. to pay moreover the said T. and T. their executors or administrators other 2 [...] l. in forme &c. that is to say at the first erecting of the said new frame 12. pounds 10. shillings and at the cleer finishing of the premisses other 12, pounds 10, shillings the full and cleer agreement for the bargaine above specified. Saving onely that is agreed between the said parties that if the said T. and T, or the survivor of them wil upon their If the Wokmen be loosers, then to have 4 l. more given them. Faith and consciences say and affirm at the clear finishing of the premisses in form aforesaid, that they then are losers by the said Bargain, that then upon such saying and affirmation of the said T. and T. or of the Survivor of them, he the said R. P. his Executors or Administrators, upon reasonable request therfore made, shall and will freely give to the said T. and T. or to the Survivor of them, the sum of 4 l. of &c. as of the clear gift and free good will of the said R.
And the said T. and T. covenanteth &c. That they the said T and T. or the Survivor of them, shall begin to erect and set up the said new frame, at or before the last of April next &c. without fraud or further delay: In witness &c.
Articles of agreement amongst Creditors for levying their debts due by their Debtor.
ARticles Tripartite Indented of Agreements made and agreeed upon the 16th. day of March in the 23. year &c. Between the Creditors of M. F. late Citizen and Mercer of L. deceased, whose names together with their debts to them severally owing by the said M. are specified in a severall Schedule to every part of these presents severally annexed on the first part, and A. M. Citizen and Mercer of L. a Creditor also of the said M. on the second part, and E: F: of L. Widow, late wife of the said M. F. on the third part in manner and form following, That is to say;
- 1. First the said Creditors, and every of them have agreed, and by these presents do agree to and with the said A. M. and E. F. that the [Page 345] said A: shall and may have and take the Administration of all the Goods, Chattels and Credits which were of the said M. F. deceased, according to the Ecclesiastical Laws of this Realm, therof to dispose and Administer according to the tenure of these present Articles and not otherwise.
- 2. Item. That in consideration of such Paines as the said A. shall take about the said Administration, upon his true and reasonable account therof making before such Auditors as the said Creditors, or the more part of them shall assign to take the said account, shall have allowance of all his reasonable costs and charges, as well by Suits of Law as otherwise by him to be defraied about the said Administration, and moreover 4 d. of every 20 s. in value wherof he shall Administer; and also that the said A. at every Dividend making shall and may retain for his own debt to him owing by the said M. F. such rate and portion according to the quantity of his debt, as he shall divide and pay to the other Creditors according to the quantity of their debts severally.
- 3. Item. Whereas there are two several Recognisances of 400 l. a peece wherin the said M. and others for the only debts of the said M. did stand bound to W. L. alias I. deceased, for payment of 600 l. and one other Recognisance wherin the said M: stood bound to Sir L. D. Knight and Alderman of L. for discharging of 200 l. That first before any Dividend making, and so soon as money may and shall be made of the goods, chattels & debts, of the said M. F. deceased to be Administred, the said A. M. shall pay to the Administrators of the said W. L. towards the satisfaction of the said 600 l. two shillings of every pound therof, that is to say 60 l. and to the said Sir L. towards the satisfaction of the said 200 l. 2 s. of every therof, that is, 20 l. over and above their several portions upon the Dividend to be had, with the several Creditors aforesaid.
- 4 Item. That the said A. shall likewise before any Dividend pay to the said E: F: for satisfaction of her Title of Dower in the late Mansion House of the said M: F. scituate in St. L. Lane in L. 40 l. or so much Stuff to that value, and for the Funeral charges of the said M: 38 l. 12 s. 6 d. and also shall deliver to the said E. to her own use, or suffer her to detaine and keep to her own use and behoof all her Apparrel 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.
- 5. Item. That before any Dividend, the said Creditors or some of them, with the said A: M: do pay, or take order with Master C. for the debt to him owing by the said M: F: for the duty of the Kings Majesties Custome.
- 6. Item. That the said A: so soon as reasonably may be, after the [Page 346] Letters of the said Administration to him had, with and by the consent, and in the presence and oversight of W: S: Haberdasher, H: R: Mercer, [...]. C. Haberdasher, and R: B. Marchantaylor, or three of them shall cause all the goods, chattels and debts within the Realm of England which were of the said M. at his decease to be veiwed, cast and prised by indifferent persons, and a true Inventory therof to be made according to the usual Custome, in such cases used in the City of London.
- 7. Item. The said E. for her part shall and will use all her best indeavor to the revealing of all and singular the Goods, Chattels, and Debts of the said M. to the said A. M. and the other persons aforesaid without any default or delay on her behalf.
- 8. Item. That after the said Goods, Chattels and Credits of the said M. shall be so viewed, cast and praised, and an Inventory therof made as aforesaid, and by the first five Articles of these presents considered of, and provided for, according to the true meaning therof: That then as well first to the satisfying of the Contents of the said five Articles, and the Contents of every of them, as then afterward towards the equal payment of all the said Creditors, the said A. shall by the consent and oversight of the said W: S: H. R: I: C: and R: B: or any two of them, make such speedy sale to the best value of all the Goods and Chattels which were of the said M. within the Realm of England other then of such as be appointed for the said E. as aforesaid, and make such speed to gather in, and get such debts as were owing to the said M. as he reasonably can or may do, and then the Contents of the first five Articles first provided unto, and satisfied, according to the true meaning of the same, shall from time to time proportion and divide all the rest that shall be come to his hands at any time, of the Goods, Chattels and Debts of the said M: unto every of his said Creditors rate and rate-like according to the quantity of their several debts, and upon reasonable request and proof of their several reasonable acquittances for their particular Receits, shall and will make to every of them undelaied payment accordingly from time to time as often as he the said A. shall have any thing wherof such Dividend may be made, till all the said Credirors shall be paid and satisfied of their said debts, if the Goods, Chattels and Debts of the said M. will so farr extend.
- 9. Item. It is agreed that the said H: R. shal enjoy all such goods and debts which were of the said M. F. and wch the said H. hath now attached beyond the seas, the same to be towards the payment of such debts, as the said M: did owe there to be paid to the said H: & therof the said H. so soon as may be, to shew the account to the said A. M: and six, four or three of the said Creditors at the least, and if more be recovered beyond the seas by the said H. of the goods or debts of the said M. then [Page 347] the debt which the said M. did owe, to be paid there to the said H: that then he will accept the overplus in part of payment of his debt in England, and remain Creditor here in England for so much the less to charge the Administrator of the said M▪ F.
- 10. Item. That none of the parties aforesaid shall or will do or procure any thing to be done by any Suit, Action or Attachment against the said Administrator, or any other within the Realm of England, whereby the performance of these agreements shall or may in any part be impeached, Troubled, Let, or Hindred, and that every of them shall dissolve and relinquish all and every former Suits and Attachments whatsoever had or made, which shall or may let or prejudice the true fulfilling of the said Agreements contained in these presents, or any of them.
- 11. Item. The said A: M: doth agree to take upon him the said Administration, and therof to Administer truly and faithfully according to these present Articles. And that if there shall come sufficient to his Hands to satisfie all the Creditors of the said M: F: that then if any thing shall remain to him moreover and above this Agreement, that then upon reasonable request and discharge therof to him given, he will truly yeild all that so remayning moreover unto the said E: F: for her own use, the said E: F: upon the receipt therof putting in reasonable Surety to the said Administrator with her own Bond to repay the same, or so much therof as shall be lawfully and truly recovered by any other Creditor of the said M.
- 12. Item. If any other Creditor or Creditors of the said M. F: not party to these Articles of Agreement, do at any time Commence any Action or Suit against the said A: M: as Administrator of the Goods and Chattels of the said M: F: and that the said Creditor or Creditors shall therby lawfully without practice, fraud or covin, recover any of their debts against the said Administrator. Then it is further agreed, that if the Creditors aforesaid, parties to these presents, whose debts by reason and means of this Agreement shall be in part paid accordingly shall then out of their several Dividends, allow, satisfie and pay part and part-like unto the said A: M: so much of their parts, purpart and proportion as shall be received upon this Agreement, to sati [...]fie and discharge the said debt, damages and costs therof, so to be lawfully recovered whatsoever the said A, contributing according to his rate toward the same.
- 13. Item. It is further agreed, that if any other the Creditors of the said M: F: not party to this Agreement, do Commence any Suit or Suite against the said Administrator, then the said Administrator shall therof give notice and Certificate unto the said Creditors parties to this present Agreement, or to two of them at the least, to the end they may joyn with the said A. in defence of the said Suit [Page 348] whatsoever for the best and common commodity of all the said Creditors.
All and singular which agreements aforesaid, and every article and clause thereof, every one of the parties aforesaid on their severall behalfs, as far as in them reasonably shall be for them and their severall executors and administrators, do covenant grant and promise to and with all and every other of the parties aforesaid, and their severall Executors and administrators, well and faithfully to hold, do accomplish & perform without any fraud or deceit. In witness whereof to one part of these presents remaining towards the said Creditors, the said A. M. and E. F. have set their seals, and to the second part thereof remaining with the said E: F: the said Creditors, and the said A: M: have, &c: And to the third parts, &c: The said Creditors, and E. F: &c.
Articles of Agreement between Debtors and their Creditors, about Composition for Debts.
ARticles of Agreement indented had and made the sixteenth day of December, &c. Between G: H. of the City of B. Marchant, and H. I. partner with the said G. in their Trade and Traffique on the one party, and all those their Creditors Inhabitants of the City of L. who have subscribed their names to these presents on the other party, for and touching the severall Debts which the said G. and H. or either of them do owe unto their said Creditors, or to any of them, as hereafter in these presents is particularly expressed and declared, viz.
FIrst where the said G. H. hath constantly affirmed and alleadged unto the said Creditors, that the said G: and H: have lately lost in their said Trade and Traffique to the value of 3629 l. 15 s. 4 d. and have shewed forth particulars thereof in writing with further affirmation also, that their Creditors in the North parts of this Realm, already have agreed, and those their Creditors of the West parts, will also immediatly conclude and agree with them for all their Debts in like form and manner to the agreement made by these presents, upon and under condition, that the Affirmations and Allegations aforesaid, shal be found to be true and in no part fained and untrue: All the said Creditors of the City of L: and every of them severally, have agreed to accept and take only after the Rate of 10 s. upon every pound of the severall Debts to them severally owing by the said G: and H: to be paid to them in form following, viz: One third part thereof the six [Page 349] and twentieth of January, which shall be in the year of our Lord God according to the computation, &c: The second third part thereof on the twenty sixth of January, &c: and the last third part thereof on the twenty sixth of January, &c:
Item, the said G: and H: have promised and agreed to and with the said Creditors, parties to these presents, and to and with every of them, that they the said G: and H: before the last day of January next coming, shall make seal and deliver to every of the same their Creditors of L: severall bonds by their lawfull and sufficient Obligations, with penalties of double the value of their severall Debts, according to this present agreement, to be paid in manner and form aforesaid, and that every of the said Bonds, and the Conditions of the same, shall be to such effect in Law, that upon default of any of the severall payments therein to be mentioned, or of any part thereof, the same Obligation shall become forfeit.
And further the said G. and H: have agreed and promised that they nor either of them shall at any time before full payment had and made of all their Debts, according to their Agreement made by these presents, sue or procure, receive or put in practise any manner protection prohibition, stay or defence, which shall bar prejudice or hinder the said Creditors or any of them, to have recover or receive, their severall Debts according to this agreement, and the severall penalties of the severall Bonds to be made as aforesaid, if they or any of them shall fortune to be forfeit as well against the said G: and H: as also against their Heirs Executors and Administrators.
Item, The laid G: and H. have further promised and agreed, that they nor either of them shall depart this Realm, nor in any place within this Realm, conceal or keep themselves secret, or use the defence of any priviledged place, against their said Creditors of the City of L: or any of them, but from time to time shall be ready upon Request or other notice, to yeild their bodies to their said Creditors, or any of them untill they shall have duly paid and contented to them and every of them their severall Debts to them severally growing, payable by force of this agreement. And that for the performance of this article the said G, and H: before the second day of February next coming shall become bound to the same their Creditors, with sufficient Sureties with them of &c: by their lawfull and sufficient Writing Obligatory to the said creditors or some of them, before the said second day of February, whole and safe to be delivered.
Item The said creditors of the city of L: have agreed severally every one for his own part, that the said G. and H: and their Executors from the sealing and delivery of these new Bonds by them severally to be sealed and delivered as aforesaid, shall stand acquitted and discharged against every such creditor upon his Receipt of the new Bond, of and [Page 350] for all the old debt to him due by the said G. and H: or either of them, and that then every of the same creditors so receiving such new bond, shall deliver to the said G or H all such old Bonds as they now have of the said G and H or either of them to be cancelled, and also that the said creditors or any of them in the mean time, shall not between this and the said second day of February, sue vex or molest in the Law, the said G: & H: or either of them:
Item, For and in consideration of so great pity and favour by the said Creditors, extended towards the sayd G: and H: in the premisses, they the said G. and H: and every of them have agreed and promised for themselves their Executors and Administrators, that if ever hereafter it shall please God to make them able thereunto, that they will make full Recompence to all and every their said creditors, of and for so much of their severall Debts aforesaid, as now by force of this agreement, and tenor of these presents do stand to them acquitted and discharged.
And finally, as well the said creditors of the City of L. parties to these presents, as also the said G. and H. for themselves their Heirs Executors and administrators, and every of them, have agreed and promised together every of them severally for his own part one to another, that they and every of them his heirs executors and administrators for his own part, so far as toucheth and concerneth the same, shall and will truly and uprightly perform fulfill and accomplish the agreements promises and conclusions specified in these presents, according to the true meaning hereof without any manner of Fraud or covin.
In witness whereof to one part of these presents, remaining with the said G. and H. the said Creditors of the City of L. so many as hath agreed to the premisses, that is to say, F. B. and A. N. Citizens and Aldermen of L. Dame I. W. of L. widdow. A. G. Citizen and Ironmonger, of L. W. R. C. H. &c. citizens and Marchant-Taylors of L. R. H. and T: B. citizens and cloathworkers of L. F. H. and I. R. citizens and Drapers of L. and G. H. of the same city Salter, have severally subscribed their names and set their seals, and to the other part of these presents, with the same Creditors remaining, the said G: and H. have set their Seals: Given, &c.
An Indenture where a Citizen of London dyeth, having divers Debts owing him beyond the Sea, his Executor covenanteth with his wife (who is to have a third part thereof) to set his Factor to gather them in, and alwayes as they shall be gotten, to answer the woman her part accordingly.
THis Indenture, &c. between A. C. of L: Widow, late the Wife of J. C. Citizen and Iron-monger of L: deceased on the one party, and H. S. Executor of the last Will and Testament of the said I. C. on the other party, witnesseth, That where there are Debts which were owing to the said I C at the time of his decease, & payable at of Hamburgh. in the parts beyond the Sea in Flemish money, amounting to the sum of 1879 l. and 4 s. of that money, which is all grown due to have been paid before this time, whereof one full third part, that is to say 626l 8 d. Flemish, by the custome of this City of L. doth belong and appertain to the said A. It is now covenanted concluded and agreed between the said A. on the one party, and the said H. S. on the other party, for themselves their Executors and Administrators, Factors Deputies and Attorneys in manner and form following, that is to say, That the said summ of 1879 l. 4 s. Flemish, shall be set down and rated in the Inventary to be made here in England, of his Goods Chattells and Debts, at 24 s. Flemish, to every pound English. In consideration whereof, the said H. S. doth covenant and promise to give present and direct order, to T. B. who hath now the doing of the business of the said A. at Hamburgh aforesaid, to collect and gather in the said money there payable with all expedition, and that upon request, the said T B, shall weekly from week to week, declare and give true Report to such person or persons, as the said A. shall appoint to require the same, how much of the same debt he hath received the week before, or otherwise at any time and the day of the Receit thereof, and of whom the same and every part thereof was received, and what there doth remain thereof unpaid, to the intent the same A. may have plain understanding to require her just part thereof, to her due as aforesaid.
And further that he the said H. S. his Executors Administrators Agents Deputies, or Attorneys shall from time to time upon every particular Receit of the said Debt 1879 l. 4 s. Flemish, or any part thereof, content or pay, or cause to be contented and paid to the said A. her Executors or Administrators, here in this City of L. at her dwelling house, her full third part of all & every such sum or summs so received [Page 352] as aforesaid, within two months next after any severall Receipt of the same in lawfull English money; That is to say, For every 23 s. 8 d. Flemish, 20 s. English: Provided alwaies, and yet neverthelesse it is further covenanted and agreed between the said parties, that if at any time after the expiration of two months next following, from the date of these presents, the said A. C: shall lawfully constitute and appoint her Attorney for her and in her name, to take and receive of the said T. B. or of any other Deputy or Attorney, to remain for the said H: at H: aforesaid, the residue of such part of the said Debts as then shall be due and remain unpaid to the said A: or for her use, that then the said T: B: or other said Deputy or Attorney of the said H: shall upon reasonable request to be made by the said Attorney of the said A. well and truly content and pay to the same Attorney, for the use of the same A. all the said residue of her part aforesaid, of the said Debts in Flemish money there in H. from time as it shall be received, without fraud or covin: In witness &c.
An Indenture between the Overseers of a Will, and one that marrieth the Wife, and Executrix of the deceased, concerning the Childrens Portions.
THis Indenture &c. between I. C. Minister of the French Church, and L. H. of L. Stationer, Overseers of the Testament of G G. deceased, on the one party, and I. de H. of L. Hat-maker, on the other party, witnesseth, That where the said G. on the 25th day of June, in the seventh year of the Raign &c. did make and declare his last Will and Testament in Writing, and therby amongst other things after his Debts, Funerals, and Legacies paid, did give the one Moyety of all his Goods, as well on this side as beyond the Seas, to his Son I. (who is now deceased) and to the Child which his wife then went with (who now is living, and is named E.) willing that if one of those Children did decease, that then the other should inherit the part and portion of the so deceasing; willing moreover, that if his wife should marry again, that then the Childrens Portions should be at the disposition of the Overseers; And that if both his Children should decease, that his wife should have all, and that she should shew her self pitifull to the Poor of the French Church, as by the said Testament amongst other things will appear.
And now for and in consideration of Marriage to be had and solemnized between the said I. de H. and E. G. late the wife of the said G: G: and Executrix of his last Testament aforesaid, and for the faithfull performance [Page 353] of the said Testament of the said G. duly to be performed, according to the tenor and effect therof.
The said I. de H: for him &c. covenanteth &c. to and with the said I: C: and L: H: their Executors and Administrators, and every of them by these presents, That he the said I. de H. at or before the 29. of Sep: now next coming, shall well and truly deliver, or cause &c. into the Ordinaries Court (where of right it belongeth) a true and faithfull Inventory of all the Goods, Chattels, and Debts whatsoever, and whersoever that were of the said G: or to him were owing at the time of his decease: And also a true Copy of the said Inventory, to the said I: C. and L: H: before the same day, plainly and legibly written.
And that he the said I: his Executors or Administrators, shall and will well and truly pay, or cause &c. to the said E: Daughter of the said G: and of the said E. his wife, in good and lawfull money of Eng: at the day of her Marriage, or of the age of 21. years, first hapning, or sooner, to any other person or persons for her use, and to such further use as is appointed by the Testament of the said G: if the said I: C: and L: H: shall think it so meet, and so assign and appoint the full Moyety, and one half of the full value of all the said Goods and Chattels which were of the said G: (the Debts by him owing, and the charges of his Funerall, and his Legacies given by him in his said Testament, first being deducted and abated from all the whole Goods which were of the said G. And that if it do fortune the said I: de H: to decease, and the said E. the Mother him to survive; That then he the same I: shall leave to the said E: the Mother, so much in Goods Chattels and read money, of the proper Goods of the same I. de H. which shall come to the hands, custody, use, and free enjoying of the said E: to her own use and commodity, as by the least shall amount and come to the value of one full Moyety, of all the said Goods and Chattells which were of the said G: her late Husband. And if it do fortune the said E: the Mother to decease, leaving no more or other Children of her body begotten, then only the said E: her Daughter, that then the said I: his Executors or Administrators shall further yeild and deliver to be paid to the same E: the Daughter, at the said time of her Marriage, or age of 21. years first hapning, 20 l. of &c. over and above her part and portion aforesaid, and then immediately upon the decease of the said E: the Mother, or within six months after the same decease, shall deliver and bestow the same E: the Daughter, and all her said part and portion, where the said I: and L: or the Survivor of them, or their Executors shall appoint and think convenient: And that then also the said I: his Executors or Administrators, shall moreover give and pay unto A: B: &c. Sister of the said E: the Mother, of the same A. [Page 354] be then living 10 l. of &c. and other 10 l. to &c. if the same &c. be then living: And that if it do fortune the said E. the Daughter to decease, and the said I. de H. and the said E. his wife her to survive, that then the said I. de H. or the said E. his wife, or their Assigns, shall within &c. next following the decease of the said E. the Daughter, give and pay to and amongst the poor people of the French Church of Lon. 20. Marks of &c. And also that if it do fortune both the said E. the Mother, and E. the Daughter to decease, and the said I: de H: them to survive, that then he the said &c. shall and will give and pay unto &c. and unto &c. In witness &c.
An Indenture of Covenants amongst three persons having a Lease, that every of them shall bear a third part of Rent and all Charges. &c.
THis Indenture tripartite made &c. between P. C: Citizen and Skinner of L: on the first party, and T: L: Citizen and Merchant-Taylor of L: on the second party, and T: R: Citizen and Skinner of L. on the third party, witnesseth, That wheras the said parties are and stand possessed of and in the Messuage, Inne, and Tenement called the Ship, scituate and being in the Parish of St. C. nigh the Temple-Bar, in the County of M: and of and in all and singular Houses Buildings Shops Cellars wast Grounds Entries Issues Waies and other Commodities, Rents and Profits to the same belonging: That is to say, Every of them, of a full third part of all and singular the Premisses, into 3. equall and even portions ro be divided, for and during the several terms hereafter mentioned; That is to say, For and during the term of 13. years mentioned and granted in and by a certain Indenture of Lease, dated &c. made by one M: M: Widow to the said P: C. of and touching the Premisses, which term did commence at the Feast of Christmas &c. then last past, before the date of the said term, and for and during the term of thirty years, mentioned and granted in and by the Letters Patents of our said Soveraign Lord the Kings Majesty, under his Highnesse great Seal of England, dated &c. granted by our said Soveraign the Kings Majesty, to C: H: Esquire, of and in the Premisses, as by the said Indenture of Lease, and Letters Patents aforesaid, and sundry other Conveyances thereupon had and made, more at large it doth and may appear.
It is now covenanted granted concluded and agreed by and between the said parties, and every of them, and every of them severally by himself and for himself, his Executors, Administrators and Assigns, doth covenant and grant, to and with each other of them, his Executors, Administrators and Assigns, by these presents, That they and every of [Page 355] them for himself, and the Executors Administrators and Assigns of every of them, for his their and every of their parts, shall not only well and truly content and pay, or cause &c. the full third part and portion of all and singular such yearly Rents, as are reserved in and by the said Indenture of Lease, and Letters Patents aforesaid, or either of them, at the daies times and places limited and appointed for the payment therof, and that from time to time, for and during the said severall Estates and terms of years before mentioned; But also shall at all times hereafter, and from time to time, for and during all the terms aforesaid, pay bear, allow, and disburse every one of them, the full third part and portion of all such Sum and Sums of money, and other charges whatsoever, as shall grow due or payable, or shall be convenient or necessary to be born or paid, for the reparations of the Premisses, or for recovery or defence of the Title therof, or of any parcell therof. And also shal condescend and agree to all and every such Actions Suits, and other Act and Acts which shall be necessary or conuenient to be attempted prosecuted or done, for touching or concerning the Premisses, or any part or parcell therof, tending to the profit or benefit of the said parties: And shall not do procure or cause to be done, any act or acts, thing or things, wherby or by reason wherof, the Estate Interest Title or Term of years, of the said other parties, or any of them, of and in the Premisses, or any percell, shall or in any wise may be impaired, hindred, determined, avoided, or forfeited, except it be by and with the consent and agreement of each other of them, in that behalf first had and obtained in Writing, under his or their hands and Seals: In witness &c.
An Indenture of Covenants, where five persons have laid out a summ of money upon a Lease in Mortgage; That every of them shall have equal and rateable benefit in the Lease &c.
THis Indenture quinque-partite made &c. between W: D: of L: Alderman, on the first party M: C: of L: aforesaid Alderman, on the second party, A: S: of L: aforesaid Mercer, on the third party, T: A: of L: aforesaid on the fourth party, and W: G: of L: aforesaid Iron-Monger, on the fifth party, witnesseth, That wheras the Right Honourable H. Earl of H: by his Indenture of Lease, dated 21. July, now last past, for and in consideration of making assurance to the parties aforesaid, their Executors and Assigns, for the payment of 6000 l. of &c. to them to be paid at any time, within six years next after the date of the same Indenture of Lease, hath demised, granted, and to Farm-letten [Page 356] unto the said parties, all that his Mannor and Lorship of A. alias A: in the County of A: with all and singular the appurtenances, and all Lands Tenements Rents Reversions Services and Hereditaments whatsoever, to the said Mannor belonging or appurtaining, or occupied, used, demised or leased, as part parcell or member of the same, or reputed, taken, counted, or known, as any part or member therof: To have and to hold the said Mannor &c. unto the parties aforesaid, their Executors and Assigns, from the day of the date of the said Indenture of Lease, for and during the term of 100. years, without any manner of Rent therfore paying, under the condition in the said Indenture mentioned and declared, which is for the sure payment of the said Sum of 6000 l. to the parties aforesaid, their Executors or Administrators to be paid, as by the said former Indenture plainly and at large may and will appear.
And wheras the said Sum of 6000 l. is not yet fully paid by the said parties to the said Earl, or his Deputy or Deputies, in his name to his Lordships use, as he shall have need therof, or of any part therof, either of the said parties themselves, or some of them, or else of some other unto whom the said parties, or some of them shall become bound for the payment therof.
Now to the intent it may alwaies appear, what and how much the said Earl, or any for him, or in his name heretofore hath had or received, or hereafter shall have or receive of the said Summ of 6000 l. at the hands of the parties aforesaid, or any of them; They the said parties have accorded with the said Earl, to make a severall Roll indented betwixt every of the said parties solely by himself, on the one party, and C: S: Gentleman, Servant of the said Earl, and now Agent of his businesse here in L. on the other party. In which severall Rolls shall be severally expressed, all such Summ and Summs of money, as such party keeping such Roll hath lent, delivered, or been bound for, or hereafter shall lend &c. in the behalf of the said Earl, as shall be otherwise payable by the said Earl, to such party to such Roll as aforesaid. And to the intent that the said parties amongst them all, shall not defraud or charge themselves for the said Earl, upon the assurance of the Lease aforesaid, with any more money or further then the said 6000 l. shall suffice to satisfie all and every the said parties, their Executors and Administrators, as well for the principall Debts and Bonds by them made or to be made as aforesaid: As also for all Interests for the forbearing of any the Summ or Summs of money aforesaid, the said parties and every of them, for himself, his Executors Administrators and Assigns, doth covenant and grant, to and with all and every the; other of the said part [...]es, and their severall Executors and Administrators, in manner and form following, That is to say, That every of them for his severall party, upon every reasonable request and requests of any [Page 357] other of the said parties, his Executors Administrators or Assigns, shall and will shew forth to the partie, his Executors Administrators or Assigns, making such request his part of the Roll indented aforesaid, so as he or they making such request may see, peruse and read the Contents therof. And that none of the parties aforesaid shall defray upon the Assurance of the said Lease for his one several part above the summ of 1000 l. until he shall first have made the said other parties privy therof. And also they the said parties or any of them, or their several Executors or Administrators shall not make any Surrender of the said Lease, To make no Surrender. or any Release, Acquittance or other discharge, of, or for the said summ of 6000 l. or any part therof, or knowledge ony Receipt therof, or of any part therof, in or to the avoiding or determining of the said Lease without the joynt assent and consent, in and by Writing of all the other parties their Executors Administrators or Assigns.
And also that if any of the said parties do happen to decease before he shall be fully and truly paid and satisfied by the said Earl, h [...]s Heirs Executors, Administrators or Assigns, of and for all and every summ and summs of money to be contained and expressed in his part of such Roll indented as aforesaid towatds him the same party remaining, That then the Survivors, and the Survivor of all the said parties! his Executors Administrators and Assigns, shall assent, agree, and suffer, that the Executors and Administrators of every such patty so deceasing having any summ or summs of money unpaid and expressed in such his part of such Roll Indented with him remaining as aforesaid shall and may have and enjoy, such Benefit, Advantage and Commodity, of and by the said Lease, and the Mannor and Lordship, Lands, Tenements, and Hereditaments with their appurtenances therby demised as aforesaid, as the said party so deceasing should and might, or in right and equity ought to have had or taken therof or therby, if all the said parties should have lived together, and they, and any of them had made no manner of Grant, Alienation or Encumbrance of the Premisses ot any part therof: And finally every party of the parties aforesaid, for himself &c. doth Covenant &c. to, and with &c. Ʋt pre antea None to do any thing to prejudice the other. Convent. est. That they the said parties nor any of them their Executors, Administrators or Assigns, shall do, knowledge or consent unto, or cause to be done, knowledged or consented unto any act or acts thing or things, which shall or may hinder, barr or prejudice the other parties, or any of them, or their several Executors or Administrators from the Premisses or any part therof which they or any of them in equity and conscience might or ought to have, to all and every which said Covenants, Articles and Agreements aforesaid on the Obligation. several behalfs of every of the said parties his Executors and Administrators truly to be kept with every other of the same parties their several Executors and Administrators of every of the same Parties, [Page 358] doth bind himself unto every other of the said parties in the summ of 2000. Marks of &c. by every other of the said parties, by their Executors and Administrators severally to be had and recovered against him of the said parties aforesaid, his Executors and Administrators, which for and on his or their own part shall make default to perform the Covenants, Articles and Agreements aforesaid, or any of them according to the intent and true meaning of these Presents. In witness, &c.
An Indenture where one having taken a Lease of a Shop, and bought a stock of Wares therin upon Credit, for which Wares A. B. giveth his Bond; the Buyer for A: B: his Indemnity Assigneth him the Lease, and entreth Covenant, that if he himself make default in payment A. B. shall enter into the Shop and seise all the Wares for payment of the Debt.
THis Indent. &c. between T: C: and W: C: Citizens and Haberdashers of L. on the one part and I. C: Cit. &c. on the other part witnesseth, that wheras W: S: Merchantaylor of L. by his Indenture of Lease, Recitation of the Demise made to the assignors. bearing date &c. Hath Demised &c. unto the said T. and W: C: all that Shop with a little Yard, and two Warehouses lying behind the same, late in the Occupation of R. N. Leatherseller, and now in the tenure of the said T. and W. which have been parcels of the now Mansion or Dwelling House of the said W. S. set, lying and being in W. alias C. in the Parish of A. within the City of L. together with certain Implements, Ware-chest, Shelves and leaden Weights at this present remaining within the aforesaid Shop and Warehouses particularly expressed and mentioned in a Schedule indented to the said former Indenture annexed, except as in the said former Indenture is excepted, To have and The Habend. to hold the said Shop, little Yard, Warehouses and Implements, except before excepted, unto the said T: and W: their Executors and Assigns, from the day of the date of the said former Indenture unto the last day of December, then and now next comming; and from the same last day of December unto the end and term of four years from thence &c.
And whereas also the said W. by the said former Indenture hath Recitation of the Bargain and Sale of the stock of Haberdasher Wares made to the assignors Recitation of the payment for the stock. bargained and fold to the said T. and W. a stock of Haberdashers wares amounting to the valve of two hundred pounds for and in consideration whereof and of the demise aforesaid and other things in the said former Indenture specified the said T. and W. C. have by the same Indenture Covenanted and granted to pay to the said W. S. and his Executors divers summs of lawfull &c. at divers severall dayes yet to come at the said mansion house of the said W. that is to say on the [Page 359] last day of December now next coming seven pounds and yerely Recital of an Obligation made by the assignee for performance of the Covenan [...]s of the Lease and payment for the stock. Assignment of the lease for the saving harmles the Obligation. Covenant by the assigns to pay the money for the stock without default. And yet the assignee may from time to time enter into the Premisses and see the wares. And they shew him their estate and accompts▪ And in default of payment for the stock or finding the estate insufficient for the pointment the assignee shall enter and be seised of the shop and wares for the payment for the stock. Defeasance of one single obligation for performance of these Covenants. after the same last day of December during foure yeers from thence-next following for the rent of the premisses demised by the said former Indenture 42 l. of &c. on the feast dayes of the Annunciation, &c. or on the 20th. day alwaies next and immediatly insuing every of of the feast dayes aforesaid by even portions and in full recompence satisfaction and payment of and for all the said stock of wares 200 l. of &c. in manner and forme following &c. as by the said former Indenture containing divers other Covenants and articles more at large will appear and whereas the said I. C. at the speciall and earnest request of the said T. and W. with them by one obligation bearing date as the said former Indenture is become joyntly and severally bound to the said W. S. in the summ of &c. of lawfull &c. for the performing fulfilling and observing of all and singular Covenants Grants Articles and payments mentioned in the said former Indenture for or on the part of of the said T. and W. their Executors and Administrators to be observed performed or fulfilled as by the same obligation and condition thereof more plainly may and will appeare, now the said T. and W. for and towards the indemnity and cleer keeping harmles of the said I C his heirs executors administrators & evry of them of & for the said obligation and of and from all Demands Costs Leases Damages and troubles thereby or thereof to grow or a rise to or against them or any of them by reason or meanes of the said Obligation, have given granted aliened bargained and sold and by &c. do give &c, unto the said I. C. and his Assigns for their own use all the Estate Right Title and Interest whatsoever which they the said T. and W. C. have or either of them hath of in and to the said shop &c. in as large and ample manner as they the same had of the demise of the said W. S. as above in these presents is recited together with the said former Indenture containing the same demise and the said T. and W. Covenant &c. in former &c. that they the said T. and W. their Executors and Administrators shall and will from time to time truly pay or cause &c. to the said W. S. his &c. all and singular the said sumes of money at the place day and time wherein the same shall be severally payable in manner and forme above recited without any default to be made of or in payment of any of the same summes of money or of any part thereof contrary to the tenor and effect of the said former Indenture and that the said I. C. his Ex ecutors and dministrators shall and may lawfully and quietly from time to time from henceforth till the end of the said four yeers enter into the said shop yard and warehouses see to and peruse all the wares in the same and that as often as the said I. C. his Executors or Administrators shall make request therefore at the said shop the said T. and W. or the survivor of them shall shew and manifest to the said I. C. their whose estate & all their bookes of accounts without any fraud or covin and that if the said T. and W C. their [Page 360] Executors and Administrators shall make default in payment of any payment aforesaid or of any part therof to the said W. S. his Executors &c: when the same shall be due or if upon view of the estate and accompts of the said T. & W. or of the survivor of them it shal appear that they or the survivor of them shall be insufficient to observe and keep their payments then behind to the said W. and his Executors that then it shall and may be lawfull to the said I. his Executors and Administrators to enter into and possess the said shop yard warehouses implements warechests and weights and to seise and possess all the stock of wares in the said shop and warehouses then to be found for and towards the satisfaction of such of the summs of money aforesaid as then shall remaine unpaid to the said W. S. his Executors and Administrators without any let resistance fraud decept or covin therein to be don or used to the contrary by the said T. and W. or either of them their Executors Administrators or any of them and if the said T. and W. their Heirs Executors and Administrators and every of them for his and their part shall hold keep and fullfil towards the said I. C. his Executors Administrators all and singular Covenants Grants Articles and Agreements abovesaid on their or any of their parts to be holden kept or perfomed according to the tenor and and true intent of these presents the said I. C. Covenanteth &c. to and with &c: that then one single obligation of o o o of the date of these Indentures wherein the said T. and W, are bound to the said I. C. shall bee cleerely and utterly voide and frustrate and of no manner of force strength or effect, In witnesse &c.
An Indenture of Covenants, betweene a man and a woman to be married, where the Husband doth Covenant not to defeat the Wife of a third part of Goods after the custom, and to suffer her to make a Will dying before him, and where the woman hath assured copy-hold land, and entreth Covenants for warranty.
THis Indenture Tripartite &c. between E. E. Cit. and Grocer of L. on the first party and E. H. and H. I. Cit. and Mercers of L. on the second party and E. F. of L. widow on the third party witness: that for and in consideration of a marriage to be shortly had and solemnised between the said E. E. and E. F. it is Covenanted Granted concluded [Page 361] condescended and fully agreed by and between the said parties to these presents in manner and form following, that is to say, That the said E. for him his Heirs Executors Administrators and Assignes, and every of them covenanteth, &c. to and with the said E. H. & H. I. & either of them their & either of their Executors and Administ. and every of them by these presents, that he the said E. E. hath not at any time heretofore done, nor shall at any time hereafter do or consent to any Act or thing upon f [...]aud or Covin, to the intent to defeat the said E. of such part and portion of the Goods Chattels and Debts of the said E. E. as by the Law and Custome of the City of L. to her, should or might have been due incident or belonging, as Wife to the said E. if the said Act or thing had not been had or done.
And further, that shee the said E. shall or may at any time during the Coverture between her and the said E. without any let or disturbance of the said E. or any other by his means make & declare her will or Testament, and thereby or by any other Writing by her subscribed, give bequeath assign or appoint to any person or persons, any summ or summs of mony, so as the same exceed not in the whole the value of 500 Marks, of, &c. And that if he the said E. do overlive the said Elizabeth, that then he his Executors or Administrators, shall and will within convenient time next after reasonable Request in that behalf to be made, execute and perform, or cause &c. the same her Will or Testament gift bequest assignment or appointment to any value not exceeding in the whole the summ of 500 marks according to the true meaning of the said Will or Writing. And whereas she the said E. for and in consideration of the premisses, hath heretofore surrendred all that the customary Messuage or Tenement with the Appurtenances, now being in the Tenure or Occupation of M. C. Citizen and Alderman of L. or his Assigns scituate lying and being in H. in the County of M. and all and sigular other her customary Messuages Lands Tenements and Hereditaments whatsoever with their Appurtenances, in H. aforesaid, being parcell of the customary Lands of the Mannor of H. Parsonage into the hands of the Lord of the said Mannor to the use of the said E. E. for and during all the term of hls naturall life, and from and after his decease, to the use of the said E. F. for and during all the term of her naturall life. And from and after the deceases of the said E. and E. to the use of the Right heirs of the said Edward for ever.
And whereas it is further agreed between the said E. and E. that all other Lands Tenements or Hereditaments, either Free-hold or Coppy-hold, whereof she the said E. hath or shall have any Estate of Inheritance, shall be assured to the like uses, as have been before mentioned.
Now the said Elizabeth doth covenant, &c. That she the said E. shall and will at all times, during the life of the said Edward, at such [Page 362] time and times whensoever the said Edward shall think meet, upon reasonable Request in that behalf to be made, and at the Costs and Charges in the Law of the said Edward, sufficiently convey and assure to such person or persons and their Heirs, as the said Edward shall name or appoint to the only use and behoofe of the said E. and E. and of the Heirs and Assigns of the same Edward for ever, absolutely without any condition, all such Lands Tenements and Hereditaments, either Free-hold or Copy hold, whereof she the said E. hath, or is intituled to have any Estate of Inheritance, by custome or otherwise, accordingly, as by the said Edward or his Learned Council shall be devised or advised.
And further the said E. F. covenanteth &c. with the said E. E his, &c. that all and singular the said Messuages Lands Tenements and Hereditaments, as well Free-hold as customary with their Appurtenances, and every part and parcell thereof; now be, and from time to time and at all times hereafter shall remain and continue cleerly discharged, or otherwise sufficiently saved harmless, of and from all Gifts Grants Bargains, Sales Leases Surrenders Forfeitures Seisures, cause and causes of Forfeiture or Seisure, and of and from all other Charges, &c. had made done or consented unto, or to be had, &c. by the said E. F. or by any other person or persons by her assent consent means commandement or procurement, except one hease by her made to the said M. C. for one term which shall expite within one year now next ensuing of the said Messuage or tenement with the appurtenances now in his occupation.
And also that if she the said E. do overlive the said Edward, that then she or any other person or persons by or under her Assent, Consent, Meanes, Title, Commandement or Procurement, other then the Heires and Assignes of the said Edward, shall not at any time, during her naturall life, do commit or consent unto any manner of Act or Acts, Thing or Things whatsoever, either directly or indirectly, whereby all or any of the sayd Customary Messuages, Lands, Tenements, or Hereditaments, or any Part or Parcell of any of the same, shall or may be forfeited lost or incumbred.
And morover; the said Elizabeth, for her, &c. Covenanteth with the sayd Edward, his &c. That if after the sayd Marriage had and solemnized, shee the sayd Elizabeth, do overlive the sayd Edward, That then shee shall not have or claime, nor go about to have or obtain at any time during her naturall life, any manner of Dower, Joynture or Estate, by Reason of the said Marriage betweene her and the sayd Edward, of or in any of the Lands which the sayd Edward now hath, and is presently seised of or any part or parcell of the same, In Witnesse,
DEFEAZANCES.
A Defeazance upon sundry Assurances had for payment of a summ of money, extending (gradibus) to extinguish the same Assurances, as the Debt from time to time shall be cut off and satisfied.
THis Indent. &c: between I: P: of B. in the County of Y: Gent. and C: P: one of the Sons of the same I: on the one party, & A. C. Cit: and Salter of L: on the other party, witness. That wheras the said I: together with one R: B: of &c. by their single Obligation, hearing date &c. do stand bound to the said A. C. in the Sum of 300 l. of &c. to have been paid in the Feast of St. M. &c. then next ensuing, as by the same Obligation will appear.
And where also the said A. by force of one Indenture of Lease, hearing date &c. now last past, is clearly and absolutely without any Condition from henceforth lawfully possessed, of all that Messuage or Tenement &c. to hold for the term of 40. years next following, from the date of the said Indenture of Lease, by the pay of one Pepper Corn only every year during the same term, as by the same Indenture will also appear.
And the said I. and C. P. on the day of the date of these presents before our said Soveraign Lord the King, in his High Court of Chancery, have knowledged themselves to owe to the said A. C. the Summ of 1000 l. of &c. to be paid in the Feast of St. James &c. next now coming, as by the same Recognizance doth appear.
Yet neverthelesse the said A. C. for himself, his Executors &c. doth covenant grant and agree, to and with the said I. and C. and every of them, and to and with their Heirs Executors and Administrators, and every of them by these presents, in manner and form following, That is to say, That if the said I. and C. or either of them &c. do pay &c. to the said A. C. &c. the Sum of 590 l. of &c. at the now Mansion [Page 364] &c. in manner and form following; That is to say 330 l. therof, on the 24. of Aug. next ensuing the date of these presents, between the hours &c. of the same day, or at any time before, and 260 l. residue and in full payment of the said Summ &c. on the 22. Oct. now also next following the date of these presents, between the hours &c. of the same 22. of Oct. or at any time before, that then after payment had and made to the said A. his Executors or Administrators, of the said Sum of 330 l. the first payment aforesaid, he the said A. his Executors and Administrators, upon reasonable request, shall and will not only deliver or cause to be delivered to the said I. and C. their Heirs Executors and Administrators, the said single Obligation of the said I. P. and R. B. and the said Indenture of Lease made by the said I: to the said A. as aforesaid, together with one Recognizance of 600 l. wherin the said I. is bound to the said A for the performance of the Covenants of the said Indenture clearly to be cancelled, defaced, and made void. But also after full payment had and made to the said A. &c. of the said whole Summ of 590 l. in form aforesaid, upon like request as aforesaid, shall deliver or cause &c. to the said I. or C. &c. the said Recognizance of 1000 l. wherin the said I. and C. are bound to the said A. as aforesaid, and that then and at all times within the space of six months, next after the said payment wholly made of the said Summ of 590 l. in manner. and form aforesaid, he the said A. C. his Executors and Administrators at like request as aforesaid, and at the costs and charges of the said I: and C, their Executors and Administrators, shall and will do knowledge and execute within the Cities of L. and W. all and every lawfull and reasonable act and acts thing and things in the Law, which shall be lawfully and reasonably devised and required by the said I. and C. &c. or the learned Councell &c, as well for the making void, determining, releasing, and clear extinguishing and annihilating of the said Lease made to the said A. as aforesaid, and of all his Estate, Title, Interest, Possession and term of years whatsoever, which he hath in the Premisses, or any part therof to him demised by the said Lease, as also for the frustrating and clear releasing, cancelling, and acquitting of the said Obligation, and of both the Recognizances afore recited, and of every of them.
Provided alwaies, and it is agreed by and between the said parties to these presents, for themselves, & their Heirs that if the said I. and C. their Heirs Executors and Administrators, or some of them, do not pay, or cause &c. to the said A. &c. the said Summ of 330. on the said 24▪ of Aug. and 260. on the 22. Oct. in manner and form as is above limited and appointed by these presents, that then these present Indentures, and all and every thing and things in them contained, shall be so clearly and utterly void and frustrate, to all intents and purposes, as though the same had never been had, made, or spoken, any thing &c. In witness &c.
An Indenture of Defeazance after land mortgaged is forfeited upon the Indenture of Mortgage, with Covenants that if the Mortgagor pay the money at the new day agreed upon, then he to stand seised to his own use, and the Mortgagee to do all things required for re-assurance.
THis Indenture &c. between W. D. Citizen and Alderman of L. on the one party, and Sir W. P. Knight &c. on the other party, witnesseth, That wheras the said Sir W. by his Indenture, bearing date &c. Recitall of an Indenture of Bargain and Sale conditionall. for the surety of payment of the Sum of 845 l. 7 s. to the said W. his certain Attorney Executors or Administrators, to have been paid on the nineth day of this present month of Feb. did mortgage bargain and sell to the said W. and his Heirs eight Messuages or Tenements, with all and singular their Appurtenances in L. Street in the Parish of St. M. in L. and the Advowson of the said Parish Church, by such form of words, and in such manner, as in the said former Indenture is mentioned. And as by the said Indenture wherunto relation be had plainly appeareth.
And wheras by means that the said Summ of &c. or any part therof Forfeiture for default of the Condition. was not paid to the said W. or to any other to his use, at the day and place in the said former Indenture limited for the payment therof, the said eight Messuages or Tenements, with all and singular their Appurtenances, and the said Advowson, and all other Lands Tenements Profits and Hereditaments, bargained and sold by the said former Indenture, are clearly and absolutely forfeited unto the said W. and his Heirs. Yet neverthelesse the said W. D. is contented and pleased, and Coven [...]nts to stand seised to the use of the first Grantor upon the payment of a summ of money at a certain time. by these presents for him &c: covenanteth &c: in form &c: That if the said Sir W. his Heirs Executors Administrators or Assigns, do pay &c. to the said W. &c. at &c. the Sum of 867 l. 12 s. 4 d. of &c. on the 10. day of Aug: next ensuing the date hereof, between the hours &c: that then in consideration of the said Sum of &c. so then being truly paid to the said W: his &c. as in these presents is aforesaid, he the said W: and his Heirs, and all and every other person and persons, having any Estate by or from the said W. his Heirs or Assigns, from and after the said Sum of &c. so paid as aforesaid▪ shall stand and be seised, of and in the said eight Messuages &c. and all other the Lands Tenements and Hereditaments by the foresaid former Indenture bargained, to the only use of the said Sir W: and of his Heirs and Assigns, and not to any other use whatsoever.
And that then also after such payment made of the said Sum of &c. A fair Ulterior assurance. [Page 366] to the said W: his &c. in form aforesaid, he the said W: and his Heirs, during six months then next following, at the reasonable request and charges of the said Sir W: his Heirs or Assigns, shall and will do and knowledge all such acts and things, for the clear determining of such Right and Title as the said W. D: and his Heirs can or may claim to have in the Premises, or for the re-conveying or re-assuring of the same, from and against the said W. D. his Heirs and Assigns, and from A. now wife of the said W. as by the said Sir W: his Heirs or Assigns, or his or their Councell learned, shall be reasonably devised or advised, with Warranty only against the said W: D: and his Heirs.
And the said Sir W. P: for him &c. covenanteth &c. That if the said Sir W. or his Heirs, shall be disposed to leave the Fee and Inheritance of the Premisses, that then the said W: D: shall have the Preferment, for the having and quiet enjoying therof, better cheap by 20 l. at the least, and with like speedy payment, then the same may be sold for to any other person, without any fraud or covinable dealing.
And the said W: D: for him &c. covenanteth &c. That if the said Sir W. his Heirs or Assigns, do redeem the Premisses by the payment of the said Sum of &c. according to the true meaning of these presents, That then the said W. D: and his Heirs shall allow back again to the said Sir W: and his Heirs out of the said Summ, all such Rents as the said W: D: his Heirs or Assigns, shall in the mean time receive or levy of or for the Premisses, or any part therof. Provided alwaies, that if default be made of or in payment of the said Summ of &c. or any part therof, at the day and place limitted for the payment therof in these presents, contrary to the true meaning of these presents: That then and from thenceforth the said former Indenture, and the Bargain and Sale therby made, of all and singular the Premisses, with their Appurtenances, shall stand good indefeazable and effectuall in the Law, to the only use of the said W: and his Heirs: And that then and from thenceforth the said W: and his Heirs, shall be and stand seised in the Premisses to their own use, these presents, or any thing in the same contained, to the contrary therof notwithstanding.
And that then therafter it shall and may be lawfull for the said W: his Heirs and Assigns, to use and take all such advantage and benefit of and by the said former Bargain, as he or they might have done, if these presents had not been made, These presents &c. to the contrary &c. In witness &c.
A Defeazance of a Statute for payment of money tripartite, where the Statute being made to two, the one Covenanteth with the other, not to release, nor do any prejudice wherby each party may not receive his Moiely.
THis Indenture Tripar tite &c. between A. G: Citizen and Alderman of L. on the first party, and W. D. Citizen and Alderman of the same City on the second party, and R: H: Citizen and Marchant-taylor of L. on the third party: witnesseth, That whereas the said R. H. is and standeth indebted unto the said A. and W. in the summ of 1000 l. of &c. to be paid to them as Administrators of the goods and chattels of R. C. late of L. aforesaid Salter deceased. And wheras for the sure and true payment of the said summ of &c. truly to be paid unto the said A. and VV. their Executors or Administrators, he the said R. H. is become bound to the said A. and W. in the summ of 2000 l. of &c. to be paid as by one Recognisance or Statute staple therof to them made according to the form of the Statute provided for the Recovery of debts, and bearing date &c. knowledged and sealed before Sir C. W. Knight, Lord chief Justice of England, doth and will appear.
Nevertheless it is Covenanted, Concluded and Agreed, by and between the said parties, and the said A. and W. for themselves, and for their several Executors and Administrators, do severally Covenant and Grant, to and with the said R. H. &c. That if the said R. &c. do pay &c. to the said A. and W. or to either of them, their certain Atturney, Executors or Administrators, for and in contentation of the said summ of 1000 l. to them the said A. and VV. owing as aforesaid, by reason that they have the Administration of the goods and chattels of the said R. C. the summ of 1000. l. of &c. at the Mansion House &c. in form following, that is to say, on &c. and on &c. that then the said Recognisance or Statute-staple shall be clearly and utterly void, frustrate and annihilate, to all intents, construction and purposes as though the same had never been had or made, but if default do happen to be had or made in payment of the said summ of &c. or any part or parcel therof contrary to the true meaning of these presents, then the said R. H. for him, his Heirs Executors Administrators and Assigns, doth Covenant &c. to and with the said &c. that the said Recognisance or Statute-staple shall stand and remain in all his full strength, force and vertue, any thing abovesaid to the contrary &c. and the said A: G: for him &c. Covenanteth &c. to and with the said VV. &c. that he the said A: his Executors Administrators or Assigns, shall not at any time or times hereafter, discharge, release or make void the same Recognisance or Statute-Staple or summ of money therin specified, or any part therof, [Page 368] or do, or commit any other act or act, thing or things, wherby the said VV. his Executors Administrators or Assigns, or any of them shall or may be defeated of the moiety of &c: to them growing due as aforesaid by the true meaning of these presents without the special request consent and agreement of the said W: his Executors, Administrators or Assigns. The like Covenant verbatim on Mr. Alderman D's party. In witness, &c.
A Defeazance of a Statute made to three to save them harmles of bonds entred into Conuzor where the Conuzees promise to deliver in the Statute wbere all payments are made and where the Conuzees Covenant one with another not to discharge the Statute without consent.
THis Indenture Quadripartite made &c. between B. W, on the first part T. W. on the second part I. W. on the third part and R. W. on the fourth part witnesseth that whereas the said B. W. T: W. and I. W. together with the said R. W. stand joyntly and severally bound to I. A. of L. Draper by 74 severall obligations the penalties of every of the same obligations being severally of 73 l. 10 s. of &c. and every of them for the payment of a severall summ of 30 l. of like money to be paid at the Messuage &c. at such daies and times as by the said severall obligations all bearing date the twenty eight day of Feb. now last past with their several conditions upon them severally endorsed more plainly may appear and whereas also the said R. W. is Statute. become bound to the said B. W. T. W. and I. W. in and by one recognizance or Statute-Staple bearing date the 18 th. of June now last past made according to the forme of the Statute made and provided for the Recovery of debts knowledged and sealed before Sir I. D. knight Lord cheif Justice of the Common Pleas of his Majesties Bench at W. in the summ of 2000 l. of &c. payable as by the said recognizance or Statute-Staple doth appear yet nevertheles the said B. T. and I. for them and their severall heirs Executors Administrators and Assigns Deseazance. to save harmles. or Recompence. do Covenant promise and grant to and with the said R. W. &c. that if the said R. his heirs &c. do from time to time and at all times hereafter acquit discharge exonerate or well and sufficiently save and keep harmless the said B. T. and I. their Heirs Executors Administrators and Assigns and every of them and all their Lands Tenements Goods and Chattells against the said I. A. his Executors and Administrators and all other person and persons of for and concerning the said recited obligations and every of them and all and singular summ and summes [Page 369] of money in them and every of them contained and also of and from all and all manner of acts Suits Costs Damages Judgements Executions and Demands whatsoever which at any time or times hereafter shall lawfully come arise or grow to or against the said B. T. and I. or any of them or the heirs executors administrators or assigns, of them or any of them by reason or meanes of the said obligations or any of them Or els within the space of twenty dayes next after request in that behalf Or Recompence to be made by the said B. &c. or any of them or the heirs Executors &c of them or any of them to the said R. W. his Executors Administrators or Assigns do fully and sufficiently satisfie and recompence to the said B. T. and I, their Executors Administrators and assigns and to of them all and singular such Losses Charges Costs & Damages as the said B. T. and I. or any of them or the heirs &c. shall susteine or suffer by reason of the said recited obligations and every or any of them or of or for any summ ot summes of money in them or any of them conteyned That then &c. that then the foresaid recognizance or Statute-Staple shall be cleerly void and of none effect to all intents constructions and purposes as if the same had never been had or made, but otherwise the same Recognizance to stand and remaine in all strength and virtue and the said B. T. and I. for them &c. Covenant &c. with the said R. W. &c. that at all times after such time as the said severall summes of money severally mentioned in the said obligation shall be satisfied and paid and the same obligations discharged and cancelled they the said B. T. and I. their Heirs Executors Administrators or some of them upon reasonable request to them or any of them to be made by the said R. W. his &c. shall and will deliver or cause &c. to the same R. W. his &c. the said recognizance to be defaced and cancelled without fraud or covin and the said B. W. for him &c: covenanteth &c: with the said T. W. and I. W. and to and with either of them severally, and their severall Heires, &c. and every of them by these Presents that he the said B. W. his Heirs Executors Administrators or Assigns heretofore have not discharged released or acquitted the said recognizance or Statute-Staple neither at any time or times hereafter shall acquit discharge or release or do commit or agree to the doing of any act or thing which shal or may in any wise frustrate or make void the said recognizance or Statute-Staple or summ of 2000 l. therein specified or any part thereof without the consent and agreement of the said T. W. and I. W. their Executors Administrators or Assigns Covenant from T. W. to B W. and I. W. and the like from I. W. from B. W. and T. W. In witness &c.
A Grant of the Rent and Reversion of a house during the Grantees life with Condition that if the Lease in esse determine before the Grantees death that then the Grantor may let the Premisses reserving somuch Rent to the Grantee during his life.
TO all to whom these presents shal come, H. Earl of R. Knight of the most noble order of the garter Lord of H. T. and B: sendeth greeting in our Lord God everlasting; Whereas I. the said Earle have demised granted and letten to Ferme to M: C: &c: all that tenement scituate in L: &c: to have and to hold to the same M: for the term of certain yeeres yet to come for the yeerly rent of 20 l. as by an Indenture in that behalfe made unto the said M: C: at large may appear, know yee that I: the said Earle as well in consideration of the good & faithfull service done to me and my Ancestors by one I. B: my servant as in consideration that the same I: at the ensealing of these presents hath released surrendred and yeilded up to me the said Earle an yerely rent or annuity of 20 l. by me payable during his life, I the said Earle have given and granted and by these presents, do fully and cleerly give and grant unto the said I: B: the Reversion and Rent of the said Mansion house and all and singular the Premisses with the Appurtenances demised and letten to the said M. C: as aforesaid to have hold and enjoy the aforesaid Reversion and Rent and all and singular the said Premisses with the Appurtenances to the said I: and his Assigns to the proper use of the said I: and his Assigns for and during all the naturall life of the said I: and further know ye that I the said Earle and my heirs do and shall warrant and defend the said Reversion and Rent and other the Premisses with the Appurtenances to the said I. and his Assigns against me the said Earl & mine heirs during the naturall life of the said I: B: provided alwaies that if it shall fortune the said I B to be over live after the full end and term of yeers aforesaid granted to the said M. of the said mansion house that then it shall be lawfull to the said Earl his Heirs and Assigns to let and demise the same Mansion house with the Appurtenances for terme of yeers at the liberty of the said Earle and his heirs saving and reserving alwaies the yeerly rent of 20 l. to the said I. and his assigns to be paid by the hands of the tenant or tenants there from time during all the naturall life of the said In witnes &c.
A Deputation of a Clark-ship of the Peace.
TO all &c. Wheras our late Soveraign Lady Queen Mary, by her Letters Patents, bearing date &c. Did of her speciall Grace and meer motion, give and grant unto the said I: D: the Clark-ship of the Peace of VV. in the County of Y: together with the Office of the Clark-ship of the Crown, for all Sessions and Meetings touching the Commission of the Peace, as well generall as speciall there to be holden. And also for all Presentments Inditements Arraignments Recognizances Processes whatsoever, to be presented, made, taken, exhibited, begun, followed, or by any waies or meanes to be pleaded or done, before her Graces Justices of the Peace, or any of them, or before the Justices of the Peace, of her Heirs or Successors, or any of them within the said Liberties of the VV: R during the life naturall of me the said I: D: as by the said Letters Patents &c.
Now know yee me the said I: D: to have by these presents constituted, ordained, and made my well beloved Kinsman R: H: of L. Inne, in the County of M. Gent. my lawfull Attorney and Deputy, to execute for me and in my name the said Offices of Clark-ship of the Peace, and the Crown, and of either them within the said VV: R in the County aforesaid.
And also to do for me and in my name, all and every act and acts, thing and things concerning or belonging to the said Offices of &c. and either of them, in as large and ample manner and form, as I the said J. should, may, or might lawfully do, by virtue of my said Grant, if I my self were personally present.
And also I the said I: do by these presents clearly give and grant to my said said Kinsman R: H: all such Fees and Duties as of right do belong, or by any lawfull waies or means may be had or taken, to and for the due executing of the said Offices and either of them; To have perceive and take the same to his own proper use and behoof, without any account making or to be made to me the said I: mine Executors or Assigns for the same, and without lawfull let or interruption of me the said J: or any other for me, or in my name, during the naturall life of me the said J. In witness &c.
An Indenture for a Womans Joynture, containing Covenants for gift of Mony, Apparrell, and Marriage dinner.
THis Indenture, &c. Between W. S. of the City of W Gent. on the one partie, and N K of Graies Inne in the County of M Gent. and A. P. Citizen and Goldsmith of London on the other partie. Witnesseth that whereas the said W S and R K Gent. naturall Brother of the said N K have concluded and agreed for a marriage to be had between the said R and A S the only child and Daughter of the said W. The said W for and in consideration of the said marriage so between the said R and A to be had doth covenant and grant to and with the said N K and A P their Executors and Administrators and every of them by these presents in manner and forme following, that is to say, That whereas the said W S now is, and standeth lawfully and solely seised of a good and perfect estate in Fee-simple of and in certaine freehold Lands and Tenements with their appurtenances in L marsh of the yearly value of ten pound or above, and of and in oo. Messuages or tenements with their appurtenances in M Lane in L now or late in the severall tenures, &c: extending to the yearly value of 12 l. or above. That after the said marriage shall be had and solemnised between the said R and A the said M S and his heirs, and all other person and persons seised or to be seised of the premisses or any part thereof shall thereof, and of every part thereof stand and beseised to the use of the said W S. for and during the naturall life of the same W: And after his decease then to the use of the said R K and A S and the heirs of the body of the said A by the said R K lawfully to be begotten, and for lack of such issue to the next and right heirs of the said W S for ever, and to none other use or uses whatsoever. And the said W S for him, &c. covenanteth with the said N K and A P &c: that the said Messuages, Lands, Tenements and Hereditaments with their appurtenacces shall or lawfully may stand continue and abide for ever to the uses abouesaid cleere and free discharged and acquitted or at all times sufficiently kept harmelesse by the said W his Heirs, Executors, or Administrators of and from all and singular former bargaines, &c. had made, procured, knowledged or agreed unto, or to be had, &c. by the said W S or his Heirs Leases, for terme or termes of yeares, whereupon the said former usually yearly Rents are reserved only except. And also that he the said W. S: and all other persons having, or which shall have any right, title, or interest, in or to the freehold of the premisses or any part thereof, by or from the said W S: at all times during one yeare next after the said marriage had and solemnised between the said R and A: at the reasonable request, and costs [Page 373] and charges of the said R. shall and will make, do knowledge and suffer all and singular Act and Acts, thing and things with warranty only against the said W and his heirs, as by the said R or his learned Councell, shall be lawfully and reasonably devised or advised, for the better or further assurance of all and singular the premisses to be had conveyed and made sure to the uses abovesaid, without any fraud or covin, and also that for the consideration aforesaid, he the said W at or before the day of the solemnization of the said marriage, shall and will give and deliver to the said R and A so much Plate, Jewells, Houshold-stuffe and apparrell, as being reasonably and indifferently prised, shall amount to the summe of 60 l. of &c: and shall pay, moreover to the said R and A 25 l. of like money, at or before the day of the same marriage and other 25 l. within one yeare then next following, and shall procure that the said R and A: by the space of two years next after their marriage, shall and may have and occupy Rent free all that Tenement Scituate, &c: if A B. Widdow whom the said W by Gods favour shall shortly take to Wife do live so long, and shall also give moreover to the said R: and A their Marriage Dinner, at the costs and charges of the said W S. Provided alwayes, and the said parties to these presents for them and their heirs do conclude and agree together, that if the said W at any time during his life, shall be minded to alienate, grant, bargaine or sell away one of the said Messuages Scituate in M Lane in L aforesaid which now is in the occupation of A B or his Assignes for the yearly Rent of 4 l. That then it shall be lawfull to and for the said W S to alienate, grant, bargaine, sell and assure the same to any person or persons, and their heirs in Fee-simple or otherwise as to the said W shall seem convenient, and that then from the time of such bargaine and sale thereof, the said Messuage with the appurtenances shall remaine and be to the use of such person and persons, and their heirs as the said W shall bargain and sell the same unto.
These presents to the contrary, &c: In witnesse &c.
A Womans Joynture in Land, where if any of the Land be evicted from the woman use is raised to her in other Land during her life.
THis Indenture, &c. Between W. B. of L. Marchant-taylor, of the one party, and R. S. &c. and G. P. of &c. on the other party, Witnesseth, That where by the grace of God there is a Marriage to be had and solemnized, between the said W: B: and one S: S. daughter of the said R: The said W: B: for and in consideration of the same Marriage, [Page 374] and for the tender love and affection that he the said W: beareth to wards the said S. and for a competent Joynture and stay of living for the said S. during her natural life after the decease of the said W. and in full satisfaction and recompence of the Dower of the said S. doth for him, his Heirs Executors and Administrators, Covenant and Grant by these presents, to and with the said R. and G: and either of them, their, and either of their Executors, that he the said W: before the &c. To convey land by a day. next comming after the date hereof shall lawfully assure and convey, or cause &c. to be lawfully &c. unto the said R: and G: and either of them, and their, or either of their Heirs, or to the Heirs of the said R: and G: one Capital Messuage with the appurtenances, together with two Houses therto adjoyning in or neer unto R: in the County of M: and also 56. acres of Land, Meadow and Pasture in W. K. R. By the name. and C: in the said County of M. by the name of three Messuages, one Dove-House, three Gardens, forty acres of Land, twenty acres of Medow and ten acres of Pasture with the appurtenances in W: R: R: and C: aforesaid; which said Assurance and Conveyance so to be made as is aforesaid, shall be and remain; And the said R. and G. and their Heirs shall stand and be seised of the said Premisses with the appurtenances, to the only uses, purposes, limitations and intents hereafter in these presents limited and declared, and to none other uses, intents or Ʋse of the Conveyances. purposes, that is to say, to the use of the said W. and S. after the said Marriage had and solemnized between them according to the Laws Ecclesiastical of this Realm for the term of their two lives, and the longest liver of them. And after the decease of the said W. and S. and the longest liver of them to the use of the Heirs of the body of the said VV. B. and the said S. lawfully begotten and to be begotten, and for default of such issue to the use of T. B. brother of the said VV. and of the Heirs males of the body of the said T. lawfully begotten, and to be begotten, and fot default of such issue to the use of such and so many of the Sisters of the said VV. that is to say S. now wife of R. Ʋ. E. B. M. B. and M. B. Sisters to the said VV. and of their Heirs for ever, as at the time of such deceasing without issue, as is aforesaid shall be in life.
And further, the said W: for him &c. Covenanteth &c. with the Cov [...]nant for the va [...]ue. said R: and G: &c. That the Premises, and every part and parcel therof with their appurtenances shall at the time of the said Assurance and Conveyance of the Premises to be made as is aforesaid, and so from thence forth shall from time to time continue, remain, and be of the clear yearly value of 30 l. of &c. above all charges and reprises, notwithstanding any act or or acts, thing or things, had made, done, or willingly suffered to be had &c. by the said W: B: or any person or Discharges of incumbrances. Further Assurance. persons by his assent, means or procurement; and that all and singular the Premisses with the appurtenances shall at the making of the said [Page 375] Assurance and Conveyance be discharged or otherwise sufficiently saved harmles, of and from all, and all manner of former Bargains &c. had made, done, or willingly suffered or to be had, made, or done, or willingly suffered, by the said W: B: or his Heires or by T: B: father of the said W: or by any other person or persons whatsoever, having or claiming to have or which at any time hereafter shall have or pretend to have any interest, estate, right, title, or demand, in or to the Premisses with the appurtenances, or any part or parcel therof, by, from or under the said W. and T: and their Heirs or any of them; and also the said W: Covenanteth &c. that he the said VV: and his Heirs shall at all times hereafter, and from time to time upon reasonable request or demand to be made unto the said VV: B: or his Heirs by the said R: and G. or either of them at the costs and charges in the Law of the said R: and G: or either of them make, do knowledge and suffer, or cause &c. all and every such further act and acts &c. as shall be reasonably devised, advised or required by the said R: and G: or either of them for the better Assurance, Conveyance and sure making of all and singular the Premisses with their appurtenances according to to the several uses, limitations, purposes and intents before in these presents limited and declared, and to none other uses intents or purposes, be it by Fine, Feofment, Recovery, Release, Deed Inrolled, or otherwise with Warranty only against the said W: and his Heirs, and T. B: father of the said VV. and his Heirs.
And further, for and upon the considerations aforesaid, the said VV. Ʋse to be raised in other Land in case of Eviction. Covenanteth &c. that if at any time after the decease of the said VV. the said S. shall be lawfully evicted, or put out, or from the said Message and other the Premisses, or any part or parcel therof▪ that then and from thenceforth the said VV. B. his Heirs and Assigns, shall stand and be seised of and in such and so much of one Messuage now called the Crane, and of all and all manner of Collers &c., to the said Messuage last mentioned belonging, scituate in the Parish of St. M of L. as shall amount to the clear yearly value of such & so much of the said Messuages & other the Premisses first mentioned as shall be evicted or taken away to the use of the said S. for term of her natural life. and after her decease to the use of the right Heirs of the said VV. for ever.
And finally the said VV. Covenanteth, &c. that at the time of such eviction or taking away of the said Messuages, and other the Premisses first named, or any part therof. The said Messuages and other the Premisses last mentioned, shall remain and be clearly discharged, or during the natural life of the said S. shall be sufficiently kept and saved harmless of and from all, and all manner of estates, interests, charges, and incumbrances whatsoever, had made, done, or willingly suffered, or to he had &c. by the said VV. B. or any person or persons having or claiming, or which hereafter shall or may have or claim any thing by, from, or under ehe said VV. In witness, &c.
A Defeazance of a Recognizance in Chancery.
THis Indenture &c. Between H. H. of L. Inholder, of the one party, and S. S. of London, Gentleman, of the other party, witnesseth, That wheras the said H. H. at the instance and request of the said S. S. and for his cause together with him the said S. S. in and by one Recognizance, bearing date &c. knowledged to be enrolled in the Court of Chancery, became bounden unto T. S. of P. in, the County of S. Esquire, in the Sum of 1700 l. of &c. as in and by the same Recognizance doth and may appear.
And wheras also by one Indenture, bearing date &c. made between the said S. S. and H. H. on the one party, and the said T. S. on the other party, witnessing, That wheras a Marriage was then intended (and now is Solemnized) between the said S. S. and E. S. the Sister of the said T. S. And for the setling of a competent and sufficient Joynture for the better maintenance and living of the said E. if she happen to survive and over-live the said S. S. and that some stay and estate might be had to the Heirs of the said S. on the body of the said E. lawfully to be begotten, the said S. S. and the said H. H. at the instance and request of the said S. S. together with the said S. for themselves and either of them, their and either of their Heirs Executors and Administrators, and every of them, did covenant promise and grant, to and with the said T. S. his Heirs and Assigns, by the said Indenture, that the said S. S. and H. H. or one of them, their, or one of their Heirs or Assigns, shall and will within four years next ensuing the date of the said Indenture, well and sufficiently convey and assure, or cause and procure to be well and sufficiently conveyed and assured, Lands Tenements and Hereditaments, within the Realm of England, of the clear yearly value of 100 l. by the year, over and above all and every yearly Charges Deductions and Reprises, clearly acquitted and discharged, of all Titles Troubles and Incumbrances to the said E. during her life, and after her death, to the use of the said S. S. and the Heirs of his body on the body of the said E. lawfully to be begotten, and for default of such Issue, to the Heirs and Assigns of the said S. for ever. And that the person and persons, which shall so convey and assure the said Lands Tenements and Hereditaments, shall be at the time of the conveyance therof, lawfully, rightfully, and absolutely seised of the said Lands Tenements and Hereditaments (in manner and form as aforesaid to be conveyed) of a good and perfect Estate in the Law in Fee-simple.
And further the said S. S. and H. H. for themselves and either of them, their and every of their Heirs and Assigns, did covenant promise and grant, to and with the said T. S. his Heirs and Assigns, by the said [Page 377] Indenture, that if the said S. S. shall decease within the said four years, and before such assurance had and made, that then the Executors or Administrators of the said S. S. shall from the day of the death of the said S. untill such assurance as aforesaid shall be made, well and truly pay, or cause to be paid to the said E. if she be living, and if she be deceased, to such Children as shall be in the mean time begotten on her body, and then living, one yearly Rent of 100 l. by the year, of lawfull money of England, at four Feasts or Terms in the year, that is to say At the Feast of the Annunciation &c. the Nativity &c. St. M. &c. the Birth &c. or within twenty daies next after every of the same Feasts, by even Portions, the first payment therof to begin at such of the same Feasts as shall next ensue the decease of the sad S: S.
And wheras also by the same Indenture it was covenanted and agreed between the said parties.
And the said T: S: for himself, his Heirs Executors and Administrators, and every of them did covenant, promise, and grant, to and with the said S: S. and H: H: their Heirs and Assigns, by the said Indenture, That if the said S. S: and H: H: their Heirs Executors and Administrators, and every of them do and shall well and truly observe, perform, fulfill and keep, all and every the Covenants Grants Articles and Agreements in the said Indenture contained, which on his or their parts and behalfs are, or ought to be observed and kept, according to the tenor, purport, and true meaning of the said Indenture; That then the said Recognizance should be void, frustrate, and of none effect, and a Vacat entred upon the Record therof, any thing in the said Indenture to the contrary notwithstanding. Otherwise the same to stand and abide in full force and strength, as by the said Indenture at large doth and may appear.
And wheras also the said S: S: in and by one other Recognizance, bearing date the said &c. knowledged to be enrolled in the Court of Chancery, became bounden unto the said H: H: in the Summ of 1800 l. of &c: as in and by the same Recognizance it doth and may appear.
Now it is covenanted and agreed between the said parties to these presents, and the said H: H. for himself, his Heirs Executors and Administrators, and every of them doth covenant promise and grant, to and with the said S: S: his Heirs and Assigns by these presents, That if the S: S: his Heirs Executors and Administrators, or any of them do, and shall well and truly observe, perform, fulfill, and keep all and every the Covenants Grants Articles and Agreements contained in the said recited Indenture, which on the parts and behalf of the said S. S. and H, H: or either of them are, or ought to be observed and kept, according to the tenor, purport, and true meaning of the said recited Indenture, and therby do acquit, discharge, and at all times hereafter save harmlesse the said H: H: his Heirs Executors and Administrators, and every [Page 378] of them, of and from the said recited Recognizance of 1700 l. and of and from the said Covenants contained in the said recited Indenture, that then the said Recognizance of 1800 l. acknowledged by the said S. S. to the said H. H. shall be void, frustrate, and of none effect, and a Vacat entred upon the Record therof: Otherwise the same to stand and abide in full force and strength: In witness &c.
A Defeazance of a Statute Staple.
THis Indenture &c. Between I: H: of T: in the County of B: Esquire of the one party, and S: A. of the Parish of St: K: of L: Marchant of the other party, wheras the said S: A: in and by one Recognisance or Writing Obligatory of the nature of a Statute Staple made and provided for the Recovery of debts, bearing date with these presents taken and acknowledged before I: K: Maior of the Staple at Westminster, and W: S: Serjant at Law, Recorder of the City of London is, and standeth bound to the said J: H: in the sum of 3000. of &c. to be paid to the said J: in such manner as therin is mentioned, as in and by the said Recognizance, or writing Obligatory of the nature of a Statute Staple more fully and at large appeareth.
It is now nevertheless Covenanted, Granted, Concluded and Agreed by & between the said parties to these presents, and their true intent and meaning of the said Recognizances and of these presents, and of the parties herunto is, and the said J: H. for him his Executors, Administrators and Assigns, is contented and pleased, That if the said S A. his Heirs, Executors, Administrators and Assigns, and every of them, do, and shall well and truly observe, perform, fulfil and accomplish all and singular the Covenants, Grants, Articles and Agreements, which on his and their parts and behalfes, are or ought to be observed, performed, fulfilled and kept, comprised and specified in a certain Indenture of Articles of Agreement, bearing date with these presents, and made between the said I: H. of the second part, the said S: A: and K: H: eldest daughter of the said I. H: of the second part, and G: L. and I: H: of L. Merchants, of the third part according to the true intent and meaning of the said Indentures of Articles of Agreement, that then the said Recognizance or writing Obligatory above recited or mentioned, shall be utterly void and of none effect, and then also the said I. H: party to these presents, his Executors, and Administrators, or some of them shal and wil-deliver or cause to be delivered up the said Recognizance or writing Obligatory to the said S. A. his Heirs, Executors or Administrators to be cancelled, vacated and made void, otherwise the same shall stand and abide in full force and vertue. In witness, &c:
A Defeazance of a Judgment in the upper Bench.
THis Indenture, &c. Between E: C: of W: in the County of K: Gent. of the one party, and T: R: of S. in the County of K. Gent. on the other party witnesseth, that wheras the above named T: R: before the Ensealing and delivery hereof, hath acknowledged and suffered one Judgment to be entred upon Record in his Majesties Bench at Westminster in Easter Term now next ensuing for 100 l. debt, and 20 s. costs of Suit therupon assessed at the suit of the said E: C: Nevertheless it is Agreed, Conditioned, Covenanted and Granted by and between the said parties to these presents either to other, That if the said T: R: his Heirs, Executors, Andministrators or Assigns, or any of them, do well and truly satisfie, content and pay, or cause to be well and truly satisfied, contented and paid unto the said E: C: or his Assigns, the sum of 7 l. of &c. yearly, and every year during the natural life of him the said E: C: at the four most usual Feasts or Terms in the year (viz.) at the Feasts of St. John Baptist, St. Michael the Archangel, the Birth of our Lord God, and the Anuntiation of our blessed Lady Mary the Ʋirgin▪ or within fourteen dayes next after any of the said Feasts by even and equall portions, the said payments to be made at or in the now Hall of Cliffords Inne London, that then the said Judgment shall be utterly void and of none effect, and that then after the decease of the said E. C. (the said quarterly payments being duly made, or by him the said E: accepted) the Executors or Administrators of him the said E. C. shall upon request give sufficient warrant for the acknowledging made of satisfaction upon Record for the said Judgment; and in the mean time he the said E: nor his Assigns, shal not sue forth, nor prosecute any manner of execution upon the said Judgment against the said T. R. his Executors or Administrators, nor against their or any of their Goods, Lands or Tenements. But if default shall be made of any the said payments, at the dayes and place aforesaid, and other good satisfaction not given, that then, and at all times after the said E. C. his Executors Administrators or Assigns, shall and may take his or their due course of Law upon the said Judgement in that behalf provided. In VVitness, &c.
A Defeazance upon a Iudgment.
THis Indenture &c. between G. A. Gentleman of the one party, and I. A. of L: Inne, in the County of M. Esquire, and D. R. of W. in the said County of M. Esquire, of the other party, witnesseth, That [Page 380] wheras the said I. A. and D. R. have confessed and suffered one Judgment of 120 l. debt, and 16 s. 8 d. costs of Suit thereupon assessed unto the said G. A. in his Majesties Bench at W. this present term of St. M. as by the Records of the said Court it doth and mayappear.
Neverthelesse it is agreed by and between the said parties. And the said G. A. doth by these presents, his Executors and Administrators, and every of them covenant and promise, to and with the said I. A. and D. R. their and every of their Executors and Administrators, that if the said I. A. and D. R. or either of them, their or either of their Executors Administrators or Assigns, do well and truly pay or cause &c. unto the said G. A. his Executors Administrators or Assigns, the full and whole Summ of 70 l. of lawfull &c. in manner and form following; viz 35 l. in or upon the Feast day of the Annunciation of our blessed Lady St. Mary the Virgin, next ensuing the date hereof, and 35 l. more, residue of the said 70 l. in or upon the Feast-day of the tivity of St. Iohn the Baptist then next ensuing after the date hereof both severall payments to be made in or at the Middle-Temple Hall, London, That then the said G. A. his Executors or Administrators shall give sufficient warrant for the acknowledging of satisfaction upon Record upon the said Judgment, and in the mean time the said G. A. his Executors nor Administrators, shall not sue forth or prosecute any manner of execution upon the said Judgment against the said I. A. or D. R. their or either of their Executors or Administrators, nor against their or either of their Lands Goods or Chattels: But if default of payment shall be made of the said Summ of 70 l. or any part therof, at the severall daies and place aforesaid, that then the said G. A. his Executors Administrators or Assigns, shall and may take his or their due course in Law upon the said Judgment in that behalf provided: In witness &c.
A Defeazance upon an assignment of a Lease, and a Recognizance for mony lent for certain years, where after the rate of 10 l. per cent. is yearly reserved payable, during the Borrowers having of the money lent.
THis Indenture, &c. witnesseth, that whereas the said A. B: by his Poll Deed. dated, &c. hath given granted bargained sold assigned and set over to the said R: W: for the only use of the said R. and of his Executors and Assigns, as well all that Messuage or Tenement with the Appurtenances, &c. as the Originall Lease thereof made and granted by the said J: H: &c: as by the Deed more plainly and at large may and will appear. And where also the said A: B: by one Recognizance or Writing obligatory &c. as by the said recognizance or writing obligatory doth appear.
And whereas moreover the said R: W: after the making sealing and delivery of the said Deed, hath demised and and letten to farm all the said Messuage with the appurtenances to the said A: to [Page 381] have and to hold the same to the said A: and his assigns, from the making of these presents, for by and during the term of six years from thence next ensuing, reserving thereof yearly to be paid, during the said term to the said R: W: his Executors and Assigns 10 l: of lawfull, &c: on the fourth day of July, and on the fourth day of January, that is to say, 5 l. on every of the said daies, at the now Mansion house of the said R: W: scituate &c: between the houres &c: of every of the same severall fourth daies of J: and J: and charging the said A: his Executors and assigns with the payment and performance of all other Rents payments Charges and Covenants otherwise to be born for or out of the Messuage, and other the Premisses during the said term of six years, yet nevertheless the said R. VV for him, &c. covenanteth, &c: that if the said A: be now at the ensealing and delivery of their presents, so the owner and proprietor of the said Lease and term of years in the said Messuage, and other the premisses now to come as that he hath lawfull and absolute Right to bargaine sell and assure the same to the said R VV: in form aforesaid, from all former bargains forfeitures, and Incumbrances made by the said A.
And further, that if the said A: B. his heirs executors administrators or assigns, do as well content or pay, & cause, &c, to the said R: VV. his executors or administrators, the said yearly Rent or payment o [...] 10 l: yearly during the said term of six years in manner and forme aforesaid, and do save and keep harmless the said R. VV: his executors administrators and assigns, of and for the yearly Rent and Covenants specified in the said originall Indenture of Lease made of the said Messuages and other the premisses to the said R. C, as abovesaid, and of and from all losses and damages to grow thereof, as also do well and truly content or pay or cause &c: to the said R: VV. his certain Attorney Executor or Administrator, the Sum of 100 l. of lawfull &c. at one entire payment, on the sixth day of Ian: which shall be in the year of our Lord, according to the account &c. 1581. between the hours &c. at &c. that then as wel the Deed and the grant bargain sale and assignment therin specified, As also the said Recognizance, or Writing Obligatory shall be clearly and utterly void and frustrate, as the same or either of them had never been had or made, the same Deed and Writing Obligatory, or any thing in them or either of them contained or specified, to the contrary in any wise notwithstanding.
And also the said R. VV. covenanteth &c, That when and as often as the said R. VV. his Executors or Administrators, or any for him or them, or by his or their. or any of their appointment, shall have or receive any payment of the said yearly Rent of 10 l. or any part therof, according to the tenor and purport of these presents; That then and so often upon reesonable request, the said R. his Executors or Administrators, shall deliver to the said A. his Executors Administrators [Page 382] or Assigns, a reasonable acquittance in Writing, for the sufficient discharge of the said A: his Executors and Administrators, of and for such particular payment so made, without any fraud or covin: And that if the said A. his Executors Administrators or Assigns, do also pay or cause to be paid to the said R. VV. bis certain Attorney Executor or Administrator, the said Sum of 100 l. in manner and form aforesaid, That then upon reasonable request after the said 100 l. so paid, the said R: his Executors or Administrators, shall deliver, or cause &c. to the said A: his Executors or Administrators, the said Originall Indenture of Lease, and such other Conveyances as he hath therewith of the said A. whole, safe, and uncancelled. And also the said Deed and Recognizance or Writing Obligatory aforesaid to be cancelled, without any manner of fraud or covin: In witness &c.
A Defeazance upon a Statute-Staple.
THis Indenture▪ &c. between T: A: of H: in the County of S: Esq; of the one party, and R: C: of C. in the County of S. Gent. of the other party, witnesseth, That wheras the said R. C. hath acknowledged before the Right Honourable Sir E. C. Knight, one of his Majesties most Honourabe privy Councell; Lord chief Justice of England, one Recognizance, or Statute-staple, of the Summ of 500 l. unto the said T. A. bearing the date of these presents.
Neverthelesse it is agreed between the said parties. And the said T. A. doth for himself, his Heirs Executors and Administrators, covenant and grant, to and with the said R: C. his Heirs Executors and Administrators, by these presents, that if the said R: C: his Executors Administrators or Assigns, or any of them, do well and truly pay, or cause to be paid unto the said T: A. his Executors Administrators Assigns, the Summ of 260 l: of lawfull &c: at or in the now Hall of Cliffords Inne, London, in and upon the last day of July, next ensuing the date of these presents, then the said Statute shall be utterly void frustrate and of none effect, any thing therin contained, to the contrary notwithstanding:
And also that then he the said T. A: his Executors Administrators or Assigns, shall and will deliver the said Statute to the said R: C: his Executors Administrators or Assigns, to be cancelled and discharged: But if default of payment be made of the said Summ of 260 l: in form aforesaid, then the same Statute to remain in full force and effect: In witness &c:
Vpon a Statute for the warrant of an Annuity.
THis Indenture made &c. Between A. B. of &c. of the one part and C. D. of the other part witnesseth, that whereas the aid A. by one writing or deed of annuity of the date of these presents hath given granted and confirmed unto the said B. for the consideration therein specified one annuity or yerely rent of &c. issuing and going out of all and singular the Lands Tenements &c. To have hold and enjoy and yerely to receive the said annuity or yerely rent of &c. as by the said deed of annuity more at large it doth and may appear, and wheras also the said A. by one Statute or recognizance of the date also of these presents taken knowledged and sealed &c. is holden and standeth bound to the said B. in the sum of &c. payable as by the said Statute or Recognizance may also appear neverthelesse the said B. is contented and agreed, and by these presents for him his Executors Aministrators and Assigns doth Covenant and grant to and with the said A. his Heirs Executors and Assigns and to and with every of them, that if the said A. the day of the date of these presents be and standeth soly seized of a good and perfect estate of inheritance in Fee-simple of and in all the said lands and all other the Premisses before in the said deed of annuity mentioned and hath full power and authority in his own right to give and grant the said annuity of &c. to the said B. his Executors and Assigns for and during the said term of yeres in the said deed limited and expressed, And also if the said B. his Executors and Assigns and every of them do or may from henceforth peaceablely and quietly have receive take levy and enjoy the said annuity of &c. out of the lands &c. and all other the premisses expressed in the said deed at the days and times of payment appointed in the said deed for & during the term of years above specified without any let trouble denial disturbance or contradiction of the said A. his Heire Executors or Assigns or any of them or any other person or persons whatsoever they be, And without any act or acts or other Incumbrance committed or done or to be done by the said A. his Heirs Executors or Assigns which shal or may in any wise during the said term be or grow to the prejudice hurt or hindrance of the said C. D. his Executors or Assignes in having receiving or enjoying the said annuity or any part thereof according to the true meaning of the said deed, And also if the said annuity shall begin and be made at the feast of &c. next coming, that then the same Statute or Recognizance shall be void &c.
Ʋpon a Statute for payment of money.
THis Indenture made the day &c. Between A. B. of &c. of the one part, C. D. of &c. of the other part witnesseth that whereas the said C. D. by his Recognizance writing Obligatory or Statute-Merchant taken sealed and acknowledged at S. before R. F. major of the said Town of S. and T. O. Clark of the said town assigned for the taking and knowledging of Statutes there is and standeth firmly holden-and bound unto the said A. B. in the sum of &c of good and lawfull money of England payable unto the said A. B. his Executors Administrators or Assigns in or upon the feast day of &c. next ensuing the date of the said recognizance writing Obligatory or Statute-Marchant more fully appeareth now the said A. B, for him his Executors and Assigns doth covenant grant and fully agree to and with the said C. D. his Executors &c. and with every of them by these presents that if the said C. D. his Heirs Executors Administrators or Assigns or any of them shall and do well and truly without any fraud deceit or collusion content satisfie and pay or cause to be contented satisfied and paid unto the said A B the severall summs of money hereafter in these presents mentioned at such dayes places and times and by and under such condition and conditions as hereafter in these presents are expressed and mentioned that is to say in or upon the feast day of &c. if E: B. daughter of the said A. B. or any issue of her body lawfully to be begotten by N. D, son and heir apparant of the said C. D. shall be then in full life the full summ of &c. that then the said recognizance writing Obligatory or Statute-Marchant taken sealed and acknowledged as aforesaid shall be meerely and utterly void and of none effect or else to stand remaine continue and be in full power force strength and vertue.
Ʋpon a Recognizance with a Condition.
THis Indenture, made the day &c. between the right honorable Sir W. C. Knight of the most honorable order of the Garter Baron of B: &c. of the one part and the right honorable E: Earle of O. &c. of the other part witnesseth that whereas the said Earle standeth bound to the said W. Baron of B. by one recognizance bearing date &c. and [Page 385] inrolled in the Queens Highnes Court of Chancery in the summ of 4000 l. of good and lawfull money of England to be paid to the said Baron at the day limited and expressed in the same as by the same recognizance more at large appeareth the said Baron of B. for him his Executors &c: doth covenant grant and agree to and with the said Earle his Heirs &c. that if the said E. his Heirs Executors and Adminstrators shall and do well and truly observe performe fullfill and keep all and singular Covenants Grants Articles and Agreements comprised and specified in one paire of Indentures bearing date &c. made betweene him the said Baron of B, and the said Earle his Heires Executors or Administrators are and ought to be observed performed fulfilled and kept according to the true intent and meaning of the said Indentures that then the said recognizance shall be utterly void and of none effect.
And further the said W. Baron of B. for him his Executors &c. doth Covenant Grant and Agree by these presents to and with the said E. Executors and Administrators that if the Lady A: now Countess of O, wife to the said E. and daughter to the said Baron. of B. do die no action suit or execution thentofore at any time Commenced taken or sued in or upon the said recognizance for the said summ of 4000 l: nor any parcell thereof, that then and from thenceforth the said Recognizance shall be utterly void and of none effect, In witness, &c.
Ʋpon an Indenture to which it relateth.
THis Indenture of Defeazance made, &c: between W. L: of H: in the County of L: yeoman of the one party, and J: P: of B. in the said County yeoman of the other party, witnesseth; that whereas the said I: P: by his Indenture of Assignment, bearing date, &c: For the consideration in the said Indenture of Assignment, specified and declared, did demise grant set and let over unto the said VV: L. and his assignes, one peice or parcell of pasture Land, called or known by the name of &c, containing by estimation five acres, be it more or lesse in B aforesaid, together with all waies entries passages waies, waters watercourses &c: thereunto belonging, or at any time heretofore known reputed or taken as part or parcell thereof, to have and to hold the said peice of pasture Land, with all and singular the Appurtenances thereof unto the said VV L his Executors Administrators and assigns, from and immediatly after the day of the decease of the said I P for and during all the Term time and space, and unto the full end and term of sixty years, then next following, to be fully compleat and [Page 386] ended. If the Remainder or Remainders of the naturall life or lives of W P. G P. and J P. sonnes of the said J P. party to these presents or any of them do fortune so long to live, as in and by the said recited Indenture of Assignment relation thereto being had more plainly and at large it doth and may appeare. Now this Indenture of Defeazance doth further witnesse. That the true intent and meaning of the said Indenture of assignment, and of the said parties thereunto was, is, and shall be. That if the Executors, Administrators or Assignes of the said J P. partie to these presents, or any of them do and shall well and truly content, satisfie and pay or cause to be well and truly, &c. unto the said W L. his Executors or Administrators or any of them, the full and just summe of 40 l. of good and lawfull money of England within one yeare next after the decease of the said J P. party to these presents, at or in the Church porch of W. in the said County of L. If J P. Wife of the said J P bee then living: But if the said I. be then departed this life, then the said 40 l. to cease to be paid, And that then and from thenceforth after the day of the decease of the said I. or the payment of the said 40 l. which shall first happen. That then the said Indenture of Assignment, and every Covenant Article and Clause therein contained to be utterly void and of none effect. And that then and from thenceforth the said W L his Executors or Assignes are to surrender and redeliver the said Assignment to the Executors, Administrators or Assignes of the said J P. party to these presents. And that also the Executors, Administrators or Assignes of the said I P. are then to stand and be lawfully seised, possessed, estated, and interessed, of and in the said peece of Pasture-Land with the appurtenances thereof, during the remainder of the said Indenture of assignment, any thing herein contained to the contrary thereof in any wise notwithstanding. In Witnesse, &c.
Ʋpon a Statute Staple.
THis Indenture made, &c. Between A B of &c. of the one part and C D. of &c. of the other part. Witnesseth that whereas the said C D. by his Recognizance in the nature of a Statute Staple bearing date with these presents, and taken and acknowledged before Sir T L Knight, Mayor of the staple, and I G Esquire Recorder of the City of London, is and standeth bound to the said A B. in 4000 l. of lawfull &c. payable as by the Statute or Recognizance appeareth. Now this Indenture witnesseth that the said A B. is contented and agreed and by these presents for themselves their Heirs, [Page 387] &c. Do promise, grant, and agree to and with the said C D. That if the said C D his Heirs, Executors, Administrators and Assignes, and every of them do and shall well and truly observe, pay performe, fulfill and keep, all and singular the Covenants, Grants, Articles payments, promisses conditions and Agreements, and all other things which on his or their part, and behalfe, are to be observed, &c. mentioned and contained in one pair of Indentures, bearing date, &c. made between the said, &c. according the tenor, effect and true meaning of the said Indenture without fraud or guile. That then and at all times then after the said A: B: his heirs, executors, and administrators, at the request of the said C. D. his heirs, &c. shall deliver up the said Statute or Recognizance to be cancelled and made void. In Witnesse, &c.
To save harmelesse a Suerty.
THis Indenture made, &c. Between A. B: of &c. of the one part, and C. D. &c. of the other part: Witnesseth that whereas the said A. B. hath upon his credit the first day of this instant month of M: at the speciall instance and request of the said C: D. taken up by way of exchange for the furniture of the affaires and businesse of the said C. D. the summe of 100 l. of lawfull English mony. And all the said summe of 100 l. hath before the insealing and delivery hereof fully paid and delivered to the said C. D. whereof and wherewith the C. D. acknowledgeth himselfe well and truely satisfied, contented and paid, and thereof and of every part and parcell thereof cleerly acquiteth and dischargeth the said A B his executors and administrators, and every of them by these presents. And whereas also the said C. D. by one writing Obligatory made according to the Statute l [...]tely provided for the recovery of Debts taken knowledged and sealed before Sir J. D, Knight Lord Chiefe Justice of the Common Pleas at Westminster bearing date, &c. standeth bound unto the said A B. in the summe of 200 l. of lawfull English mony payable at the Feast of &c. next ensuing the date hereof, as by Bond Obligatory or Statute more at large it doth and may appeare. Neverthelesse it is covenanted, granted, condescended and agreed by and between the said parties to these presents in manner and forme following. (That is to say) The said A B. for him his heirs, &c. doth Covenant, &c: to and with the said C D. That if the said C D. his heirs executors, administrators or assignes, or any of them, Do well and truely pay or cause to be paid unto the said A B. his executors, administrators or assignes or any of them, in or upon the twentieth [Page 388] day of M: next coming after the date hereof, at the now dwelling house of the said A B. Scituate &c. all the said summ of 100 l. of good and lawfull money of England: Together with all summes o money, costs charges, losses and damages that shall arise, grow come or be payable by reason of the taking up thereof in exchange or otherwise without fraud, Covin or delay. That then the said writing Obl [...]gatory or Statute to be void. &c. Or else, &c. In witnesse, &c:
Ʋpon performance of Covenants upon marriage:
THis Indenture made, &c. Between E of VV. D. in the County of O. Esquire of the one part, and VV D. of C. in the same County Esquire, T H. sonne and heire apparant of R H. of S. in the same County Esquire, and D: H. of London Gent: of the other part. Witnesseth that it is covenanted concluded and agreed, by and betwixt the said parties for divers urgent and weighty causes and considerations in manner following. That is to say: That he the said E: VV. shall and will on this side, and before the Feast day of Saint Michaell The Arck-Angell next insuing the date hereof knowledge in due forme of Law, and become bounden unto the said T H. and D H. in one single Obligation or Bond of Statute Marchant in the summe of 8000 l. of good and lawfull money of England without Condition therein or thereupon included, subscribed or indorsed: And yet neverthelesse the said VV D. T H and D H. and every of them for them and their Joint and severall executors and assignes, do covenant and grant to and with the said E VV. his heirs and assignes: That if the marriage of espousalls heretofore incepted and had betwixt I VV: sonne and heire of the said E VV: and A. the now Wife in facto of the said I. and Daughter of G O, of P. in the County of VV Esquire, shall be hereafter lawfully and perfectly consummate at or after such time as he the said I: VV shall accomplish, and be of his lawfull age to consent to the said marriage, viz. of or above the age of fourteen years, and that the said G O hath heretofore and shall hereafter observe, performe and keep all and singular the Covenants, grants and agreements of his part to be observed and kept, mentioned in one paire of Indentures, made betwixt the said E VV. and the said G O. for and touching the payment of such summes of money as were agreed to be paid by the said G O. for, or in respect of the said marriage. Or otherwise if the said now incepted marriage or espousalls shall be hereafter dissolved by any means whatsoever, Then if the said E VV. shall and do permit and suffer.
A Deputation of a Steward-ship.
THis Indenture made &c. between W: K: Esquire, Steward of the Honour of B. in the County of H: and the Mannors and Courts thereunto belonging, of the one party, and I: H: Gent. of the other party, witnesseth, That the said VV: K. hath made, ordained, constituted, and appointed, and by these presents, doth make, ordain, constitute, and appoint the said I. H. his Deputy, Steward of the Honour aforesaid, and the severall Mannors and Courts thereunto belonging, and by these presents doth give and grant unto the said I. H. the Deputation and execution of the said Office of Steward of the Honours and Mannors aforesaid; To have, hold, enjoy, and exercise the said Office to the said J: H. for and during the naturall life of the said VV: K: together with all Fees Regards Profits Allowances Preheminences Commodities and Advantages whatsoever to the said Office in any manner of way belonging or appertaining, so long as the said J: H shall have and exercise the said Office, in as large and ample manner as the same is granted by G. F. and G: P. by their Indenture bearing date &c. to the said W: K: except the Fee of 5 l. to the said W. K. granted by the said Indenture, for the execution of the said Office: In witness &c.
FEOFMENTS.
A Feoffment towards the performance of the Covenant of further assurance in an Indenture of Bargain and Sale, with a Letter of Attorney▪ in the same to deliver Seisin.
THis Indent. tripar. made the &c. between T: L: the Feoffor of the first part, I: P: the Feoffee of the second part, and I: H. the Attorney of the third part, witnesseth, That the said T: L: towards the performance of the Covenant of further Assurance, contained, specified, and declared, in one Indenture of Bargain and Sale, of the Lands Tenements and Hereditaments herein after mentioned, bearing date &c. and made between the said T: L: of the one party, and the said I: P: of the other party; And for divers other good causes and considerations him the said T: L: therunto especially moving; Hath granted, aliened, enfeoffed and confirmed, and by these presents doth grant, alien, enfeoff, and confirm unto the said I: P: his Heirs and Assigns for ever, all that Close &c. And the Reversion and Reversions, Remainder and Remainders, of all and singular the said before granted, aliened, enfeoffed, or confirmed, or heteby meant, mentioned, or intended to be hereby granted, aliened, enfeoffed, and confirmed Premisses, and every part and parcell therof. And also all the Estate Right Title Interest Claim and Demand whatsoever, of him the said T: L: of in and to the same, and of in and to every part and parcell therof: And also all Woods Under-woods and Trees now growing, standing, or being, or which at any time hereafter, shall stand, grow, or be upon the same Premisses, or any part or parcell therof: To have, and to hold the said Closes &c. and all and singular the Premisses hereby granted, aliened, enfeoffed, and confirmed Premisses, and every part and parcell therof, with their and every of their Appurtenances, unto him the said I: P: his Heirs and Assigns for ever, to the only and proper use of the said J: P: his Heirs and Assigns for ever: And to [Page 391] and for no other use intent or purpose whatsoever.
And the said T. L. for him and his Heirs, the said Closes &c. and al and singular other the Premisses hereby granted or mentioned or intended to be hereby granted, aliened, enfeoffed, and confirmed, with their and every of their Appurtenances, unto the said I: P: and his Heirs, unto the use of the said I: P. his Heirs and Assigns, against him the said T: O: and his Heirs, shall and will for ever warrnat and defend by these presents: And to the end intent and purpose, that the Estate in and by this present Indenture granted may be fully executed, according to the true intent and meaning of these presents; The said T. O. hath nominated, constituted, ordained, and appointed, and in his place and stead put, and by these presents doth nominate, constitute, ordain, appoint, and in his place and stead put the said I: H: his true and lawfull Attorney, and by these presents doth give and grant unto the said I: H: his said Attorney, full power and authority for him and in his name and stead, into all and singular the said Closes &c. and Premisses herein before meant, mentioned, or intended to be he hereby aliened, enfeoffed, and confirmed, and into every or any part or parcell therof, in the name of the whole to re-enter and limit, and peaceable possession and Seisin therof, or of any part or parcell therof, in the name of the whole to take and receive: And after peaceable possession therof had and taken as aforesaid, to deliver quiet and peaceable possession and seisin therof, or of any part or parcell therof, in the name of the whole to the said I: P: his Heirs or Assigns, or to his or their lawfull Attorney or Attorneys, sufficiently authorized to receive and take the same, and him or them to leave in the quiet and peaceable possession therof, according to the true intent and meaning of these presents.
And the said T: L: doth hereby allow of, ratifie and confirm whatsoever the said I. H: his said Attorney shall lawfully do or cause to be done in and about the Premisses, by virtue of these presents, to be as good effectuall and available in the Law, to all intents and purposes whatsoever, as if he the said T: L: had done the same in his own person, or had been present at the doing therof: In witness &c.
The indorsement of Livery of Seisin upon his Deed.
A Feoffment of Land for performance of a Will, and after to the use of a mans Children with a Proviso to defat the Devise, if the Feoffor will, penned by very Good Councell.
THis Indenture tripartite, made &c. between the Right Honourable W: Viscount, H: &c. on the party, and the Right Honourable A. Lord G: Sir P. C: Knight, T: W. &c. on the other party, witnesseth, That the said Viscount, for and in consideration of the Fatherly good will and affection which the Viscount beareth towards R. and W. the two Sons of the said Viscount, and for the advancement and preferment of the said R. & W. and the Heirs Males of their bodies lawfully to be begotten, and for the advancement and preferment of the Heirs Males of the body of the said Viscount H. lawfully to be begotten, and for the considerations hereafter in these presents expressed, hath given granted enfeoffed and confirmed, and by these presents doth give &c. to the said A. Lord G. &c. all those his Mannors of W: L: M: P: and B. in the County of H. &c. and two parts of the Mannors of N. Ʋ. &c. in the County of L: with all and singular Liberties, Courts Views of Frank-pledge, Fairs, Commodities, Franchises, Priviledges, Jurisdictions, Preheminences, Emoluments and Appurtenances whatsoever, to or with the said Mannors Lands Tenements or Hereditaments, belonging, used or enjoyed, or in the same or any of them, or any part or parcell therof, issuing, arising, hapning, used, or exercised; To have and to hold as well all and singular the said Mannors Lands Tenements and Hereditaments which were before specified to be entirely granted: As also the said two parts of the said Mannors Lands Tenements and Hereditaments, wherof the two parts only are specified to be granted. And all other the Liberties Preheminences Franchises Jurisdictions Commodities and other the Premisses whatsoever, with all and singular the Appurtenances, therof to the said A: Lord G. &c. and their Heirs for ever, to the use and behoof of the said Viscount, for term of his life, without impeachment of Wast, and after the decease of the said Viscount, and during the time that the said R. D. Son and now Heir apparant of the said Viscount, or any other being Heir of the said Viscount, shall be under the age of two and twenty years, and untill some Heir of the said Viscount shall have accomplished the full age of two and twenty years, to the use of the said A. Lord G. &c. and the Survivors and Survivor of them, and the Executors and Administrators of the Survivor of them, to the intent and purpose, that the said A Lord G. &c: and the Survivors and Survivor of them, and the Executors and Administrators of the Survivor of them, and shall take perceive levy possesse use and enjoy the Rents Issues Profits Revenews Commodities [Page 393] and Emoluments, of all and singular the said Lordships Mannors Lands Tenements and Hereditaments, and other the Premisses, with the Appurtenances, and the same imploy during such minority and minorities as is aforesaid, for and towards the performance, payment, and satisfying of all the Legacies and Bequests of money, Annuities of years, and Debts of the said Viscount, to be mentioned in the Testament and last Will of the said Viscount, according to the tenor purport and true meaning of the said Viscount, in his said Testament and last Will to be declared, and to the use and intent that the said Feoffees, and the Survivors und Survivor of them, and their Heirs, shall with the Profits Revenews Commodities Issues and Emoluments, coming, growing, and arising, of and in all and singular the said Lord-ships &c. bestow disburse and expend from time to time, the competent and 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 therof, and for the reparations and defence of the Buildings Edifices Houses and Severalls, in and upon the Premisses or any part therof, from time to time, necessary meet and competent to be disbursed and expended, untill such time as the Legacies Debts and Bequests of the said Viscount to be mentioned in his said Testament, shall be performed, and untill some Heir of the said Viscount, shall have accomplished the full age of 22. years, and after satisfaction of the said Legacies Debts and Annuities, and for the Surplusage that shall surmount the same Debts Legacies and Annuities, and other the charges aforesaid satisfied, to the intent that the said A. Lord G. &c. shall imploy and suffer the Premisses and Surplusage therof, to go remain and come to the use profit and benefit of the Heir of the said Viscount, and after the said R: D: being Heir of the said Viscount, or other Heir of the said Viscount, shall accomplish the full age of 22. years, that then the said A: Lord G: &c. and their Heirs shall stand and be seised of and in all and singular the said Mannors &c. to the use of the said R. D. and the Heirs Males of his body lawfully begotten; And for default of such Heir Male of the body of the said R: D: lawfully begotten, to the use and behoof of the said W: D: second Son of the said Viscount, and the Heirs Males of his body lawfully begotten: And for default of such Heir Male of the body of the said W: lawfully begotten, to the use and behoof of the Heirs Males of the body of the said Viscount lawfully begotten and to be begotten, and for default of such Heirs to the use of the Heirs of the body of the said Viscount, and for default of such Issue, to the use of the right Heirs of the said R. D. for ever.
Provided alwaies, and the true meaning use and intent of these presents is; That if the said Viscount at any time hereafter during his life [Page 394] time, shall demise, grant, or lease the said Mannors &c. or any part or parcell therof, by his Deed indented under his Seal, and with subscription of his name with his own proper hand, for term of any year or years, life or lives, that then and immediatly from and after every such Lease Demise and Grant, or such Leases Demises or Grants so to be made by the said Viscount. The said A. Lord G. &c. and their Heirs shall stand and be seised, of and in the said Mannors &c. so to be leased or granted, to the use and behoof of the same Leasees and Grantees, and every of them, and of their Executors Administrators and Assigns, during the term and space mentioned in the same several Leases Grants and Demises so to be made, according to the tenor, form and effect of the same Lease, Grant, or Demise, Leases, Grants or Demises, so that the yearly Rent or Rents mentioned or reserved by the said Viscount, in such Lease Demise or Grant, Leases Demises or Grants, be yearly paid to the said Viscount, during his naturall life, and after his decease, to such person or persons, as by the purport and true meaning of these presents, ought to have the Reversion or Remainder, Reversions or Remainders of the Lands Tenements or Hereditaments so to be leased or granted within the space of twenty daies next after reasonable request to be made for the payment therof; And so that the same Leasees and Grantees, their Executors Administrators and Assigns do well and truly perform the Conditions to be comprised in the said Indenture or Indentures of their said severall Demises or Grants according to the effect and true meaning of the same Indenture or Indentures.
And that the said A. Lord G. &c. shall stand and be seised of the Reversion or Remainder, Reversions or Remainders, of the Mannors Lands Tenements or Hereditaments, so to be leased or granted, during the continuance of the same Leases or Grants, and after the determination therof, then also of the said Mannors &c. so leased or granted to such uses and intents, as they the said A. Lord G. &c. should have, stand, or been therof seised, by the purport and true meaning of these presents, if no such Lease or Grant had been therof made. And that of and for such Estate and Estates, in such order and degree with the same Remainders, and in such manner and form to all intents and purposes as they should have stand, or been thereof seised by the purport and true meaning of these presents, if no such Lease or Grant, had been thereof had or made. Here a Letter of Attorney cometh into certain persons made for the Livery of Seisin to the Feoffees.
After followeth a Proviso, that if the Viscount by his Writing signed and sealed in the presence of three Witnesses, shall repeal, and determine [Page 395] or declare to be determined all or any the use aforesaid, or of the premisses or any part therof, that then and from thenceforth, the said uses so to be determined or declared to be repealed for all such Lands and the uses thereof so to be declared and determined, shall be void and of none effect. And that then the Feoffees shall thereof stand seised to Viscounts use and his Heirs.
Then followeth a Covenant on the Viscount his part, That if the Estate of the premisses be not effectually conveyed from him by Force of this Grant to the said Feoffees to the Uses before specified on this side the last day of October now next coming, that then and from thenceforth, the Viscount and his Heirs, and all other to be seised of the premisses, so not sufficiently conveyed, shall be therof seised to the uses above specified, and to such Uses and with such Remainders, as the said Feoffees or Survivor of them should have stand seised thereof by the purport of these presents, in case the Estate thereof, had been perfectly assured to them or any of them according to the true intent and meaning of these presents, In witnesse whereof, as well the said Viscount as the said Feoffees to every part of these Indentures Tripartite, have set their severall Seales &c.
A Note of one of the Liveries of Seisin, with the Attornment of the Tenants of one of the Mannors.
MEmorandum, That the fifteenth day of July, in the fourteenth year, &c. Livery of seisin was delivered and given by W. W. one of the Attorneys mentioned in the Indentures hereunto annexed, of in and upon the Lands of the Ferm of Guildshill-Hall, parcell of the Mannor of T. mentioned in the said Indentures, and also of in and upon the Mannor house and Demesne Lands of T. (by the Assent of I. P. Lessee for years of the same saving his Term) and also of in and upon the Copy woods called T. Park, to R. B. one of the Feoffees contained in the said Indentures according to the Tenor purport and intent mentioned in the said Indentures, and for and in the name of the said Mannor of T. with the Appurtenances and all other the Lands, Tenements, and Hereditaments, mentioned in the said Indentures, scituate and being within the sayd County, and in the name and behalfe of all the Feoffees, mentioned in the said Indentures.
And the Tenants of the said Mannor, whose Names are immediatly [Page 396] Under written being present at the same Execution, and hearing the said Indentures read, did attorn, and fully assent to the same, according to the Tenor Purport, intent, and uses mentioned in the same Indentures.
- A. B.
- C. D.
- E. F.
- G. H.
- I. K.
- L. M.
THE Viscount himself did make some of the other Liveries of the other Land to one of the Feoffees in stead of the first of them, and Attorment was every where made.
GRANTS.
A Grant of Lands in Exchange, Penned by Edmund Plowden Esquire.
THis Indenture, &c. Between E. M. &c. of the one part, and I. P. on the other part witnesseth, That the said E: M: hath given and granted, and by these presents, doth give and grant unto the said I. P. one Croft or Close of Freehold Land, called or known by the name of the Breach &c. with all and every of their appurtenances, scituate lying and being in W: in the County of B: for and in exchange for all the Lands, Tenements, and Hereditaments of the said I. P. called or known by the name of &c. in W. aforesaid in the said County of B: to have and to hold the said Croft, or Close, &c. to the said I. P. his Heirs and Assigns for ever, for, and in exchange, of and for the said Lands, Tenements and Hereditaments called Whitelands with the appurtenances, and the said E. M. doth Covenant &c. to free it from Incumbrances; and the said I. P. hath likewise on his part given and granted, and by these presents, doth fully, freely, and absolutely give and grant unto the said E: M: his Heirs and Assigns, all those Lands, Tenements, and Hereditaments aforesaid with the appurtenances commonly called or known by the name of Whitelands, scituate lying and being in VV: aforesaid in the said County of B. to have and to hold the said Lands, Tenements, Hereditaments &c. to the said E: M. his Heirs and Assigns for ever, for and in exchange of and for the said Croft or Close of land called the Breach. &c.
A Grant of a Freehold estate in Land for term of life.
THis Indent. made, &c. Between M. L. and I. his wife, late the wife of T. D. of the one party, and I: F. of the other party, Wheras A J. [Page 398] natural Mother of the said M: by Indenture Tripartite, &c. for and in consideration of a Marriage then to be had between the said M. and J. and towards the accomplishment of certain Bonds, Promises, Covenants and agreements made upon consideration of the said marriage, and for divers other considerations, as in the said Indent. Trip. is expressed, hath Covenanted and Granted, to and with R: S: and VV: F. their Heirs Executors and Assigns, that she the said A. and all persons that then were seised, &c. should stand and be of the same Messuages, Tenements and Premisses with their appurtenances seised, to the use of the said A: for and during her natural life, and after her decease to the use of the said M: and I. his wife, for and during the natural lives of the said M: and I: and of the longer liver of them, and afterwards to such further uses as in the said Indenture Tripartite are declared.
Now the said M: and I: his wife, for and in consideration of the sum of 100 l. of &c. wherof &c. have given, granted, aliened, bargained and sold, and by these presents &c. to the said I. F. and his Assigns, all the said two Messuages, &c. and all other the Premisses, and the said Indenture Tripartite, and all the Estate, Right, Title, Interest and Demand whatsoever which they the said M. C. and I. his wife, or either of them, have or hath, or ought to have, to, of, and in the said two Messuages and Tenements, and all other the Premisses with the appurtenances or any part or parcel therof, to have and to hold the same two Messuages In this Habendum the word (Heirs) is good to be used and warrantable by a Case 24. H. 8 in Brook. Title forfeiture of Lands. 87. and Tenements with the appurtenances, and all and singular other the Premisses to the said I. F. and his Assigns, immediatly from the day of the date of these Presents, by and during all the terms of the natural lives of the said M. and I. his wife, and of the life of the longer liver of them. And the said M. for himself and for the said J. his wife his Executors, and Administrators, doth covenant, &c. that the said two Messuage and other the Premisses, are, and from henceforth during the lives of the said M & S I. and the life of the longer liver of them shall abide and continue to the said I. F. and his Assigns cleer and free See Dyer 321. Part. 22. Grant by Fine by Tennant for life of his Estate. discharged and acquited of, and from all and every former grants, charges, and Incumbrances whatsoever before the ensealing, knowledging and Inrolling of these presents, made, done or agreed unto, or to be had &c. by the said M: and I: or either of them. In witness, &c.
The Grant of a Reversion.
THis Indenture made, &c. between I: B: &c. of the one part, and I: N: of the other part. Wheras the said I. B. by his Indenture bearing date the first day of A: last past, for the considerations in the same Indenture expressed, did Grant, Bargain and sell to C. VV. &c. all [Page 399] those parcels of Land in B: aforesaid &c. and the Reversion and Reversions, Remainder, and Remainders, Rents and Services of all and every his Messuages, Lands, Tenements, and Hereditaments before mentioned, to have and to hold the Messuages, Lands, Tenements and Hereditaments. and other the premisses unto the said C: W. his Executors Administrators and Assigns, from the Ensealing and Delivery of the said recited Indenture, until the first day of May now next following.
Now this Indenture witnesseth, that the said I. B: for and in consideration of a marriage already had and solemnized between him the said I. B. and M: his now wife, and for a competent Joynture to be made and provided for the said M: doth by these presents give and grant to the said I: N: the Reversion of all and every the said Messuages, Lands, Tenements and Heredita. with their, and every their appurtenances, so granted bargained and sold, in, or by the said recited Indenture to the said C: W:, to have and to hold the said Reversion of the said Messuages Lands, Tenements and Hereditaments unto the said I: N. and his Heirs, to the only uses, intents, and purposes herein after particularly following, that is to say, of, for, and concerning all and every the said Messuages, Lands, Tenements and Hereditaments in B: aforesaid, to the use and behoof of I. B. and M. his wife for and during their natural lives, and the life of the longest liver of them for the Joynture of the said M: and from and after their decease, then to the use and behoof of the Heirs of the said I: B: which he shall beget on the body of the said M: and for want of such issue, to the use and behoof of the right Heirs of the said I. for ever; and of, for and concerning the said Messuages and Tenements in C. aforesaid to the use and behoof of the said J. B: and M: for the Joynture of the said M: and after their decease, to the use of the right Heirs of the said J: B: for ever; and the said J: B: for himself, his Heirs Executors and Administtators, and for every of them, doth by these presents Covenant and Grant to and with the said J. N. his Heirs Executors and Administrators, and every of them, that if she the said M: shall happen to survive him the said J. B. that then she the said M. and her Assigns, shall, or lawfully may, for and during all the term of her natural life, have, hold, and quietly & peaceably enjoy the said Messuages, Lands, Tenements and Heredita. aforesaid, and every of them with their and every of their appurt. according to the effect and true meaning of these presents without any the lawful let, trouble, molestation, charges or eviction, of or by any person or persons, any thing therin having or lawfully claiming by, from or under the said I, B: the several Leases now in being to any the said Tenants of any part of the said Premisses, not exceeding the term of 21. years only excepted. In witness, &c.
The Indorsment upon this Deed.
A Grant of a Clarkeship of a Court.
HEarle of D. Lord St: and St. Lord of Man &c. To all to whom these presents shall come sendeth greeting in our Lord God everlasting. Know ye that I the said Earl, for divers considerations mee thereunto moving, and specially for and in regard of the good and faithfull service heretofore to me done, and hereafter to be done to me and my heirs by my servant J D. Gent. Have given and granted, and by these presents do give and grant unto my said servant, the office, roome and place of Clark of all and singular her Majesties Courts, Hallimotes, Leets, Wapentakes, hundred, Swanimots, and all other Her Majesties Courts, whatsover within the hundred and Forrest of M. in the said County of Chester. Together with the fees and allowances thereto belonging in as large, ample and beneficiall manner as R. H. now Clark, there holdeth or enjoyeth the same. To have hold, exercise and enjoy the said office, roome and place of Clark of the said Courts, Halimots, Leets, Wapentakes, Hundreds, Swanymotes, and other Courts whatsoever within the said Hundred and Forest of M aforesaid unto my said servant and his assignes to be kept by his sufficient Deputy or Deputies to be named by the said J D. by and with the consent of me the said Earl or my heirs Together with the said Fees and allowances immediatly from and after the expiration, and, forfeiture or making void, by any lawfull way or means of one grant thereof heretofore made by the said R H. for a certaine Terme yet induring, unto the end of the Terme of 21 yeares from thence next following, and fully to be compleat and ended, if he the said J D so long shall live. Willing and commanding aswell all and every my Deputy Stewards, as also all Bayliffs and other [Page 401] Officers, Tenants, Resiants and Inhabitants, within the said Hundred of M. and every of them to be aiding and assisting unto my said Servant and his sufficient Deputy or Deputies (to be allowed as aforesaid) in the due execution of the said Office, as to them and every of them (in respect of my service shall appertaine. Alwayes Provided that if it fortune the said J D. to dye before such time as he or his Deputy, be by any lawfull manner of means admitted to the exercise of the said Office. Then I the said E. do Covenant, promise and grant for me my heirs executors and administrators by these p [...]esents, to and with the said J D. his executors and Administrators and every of them to pay, or cause to be paid unto the Executor or Administrator of the said I. the summe of 10 l. of lawfull English money within one yeare next after the death of the said I. And this shall as well be a sufficient warrant and discharge to all and singular my Bayliffs and other Officers within the said Hundred and Forrest, as also to every my Aud [...]tor and Auditors for the time being for payment and allowance of the said Fees and allowances from time to time during the said Terme to my said servant or his sufficient Deputy as aforesaid. Given under my hand and Seale, &c.
A Grant of a Leet, Parke and free Warren.
HEnry the Eight by the Grace of God of England and France King, and Lord of Ireland. To all to whom these our present Letters shall come, Greeting. Know ye that we of our speciall grace, and of our certaine knowledge and meere motion, Have given and granted and by these presents, do give and grant for us and our heirs unto our welbeloved in Christ R A. Esquire, a Leet or view of Franck-Pledge within the Town of M. in and through this whole Lordship and Mannor of M. in the County of Lancaster of all his Tenants, their heirs and assignes there being, and of all Resiants and Inhabitants wch. now are or hereafter shal be within the said Lordship, Mannor and Town aforesaid with Courts of view and Franck Pledge there yearly to be holden. We do also grant unto the said R A. his heirs and Assignes, all and singular Fines and Amerciaments, and also all other things which to such Leet or view of Franck Pledge do belong, or may or ought to belong by any meanes within the Manor and Town aforesaid. To have, receive, and exercise the Leet, view of Franck Pledge and Court aforesaid, and all other the premises whatsoever to the said R. his heirs and assignes without any accompt or Rent, or any other thing to us our heirs or successors to be yeilded [Page 402] paid, or made, besides one Red-Rose only to be paid unto us our heirs or successors, at the Feast of the Nativity of Saint John Baptist. We will also that the said Richard or his heirs by pretext of the occupation or use of the Leet aforesaid or other the premisses by us or our heirs or successors, or by any of our Justices, Sheriffs, Escheators; Bayliffs or other our Ministers whatsoever be prosecuted in any of the Courts of us, or our heirs, nor troubled, molested or vexed, nor that any Minister of us or our heirs into the Lordship or Mannor aforesaid for the premisses or any of them for us, our heirs or successors in any wise do meddle: And moreover of our greater speciall Grace, We do by these presents give and grant for us and our heirs to the said R A. that he and his heirs for ever, have the liberty of one Park for wild beasts, and also free Warren in all his Demesne Lands of and within his Mannor or Lordship of M. aforesaid with all liberties, which to such liberty of Park and Warren do belong or appurtaine. To have enjoy and exercise the said liberty of Park and Warren to the said R A. and his Assignes in all his Demesne Lands aforesaid. Provided so, that the same Lands be not within the bounds of our Forrest. So that no man may enter into those Lands to hunt in them, or to take any thing in them which to a Park or Warren do belong without the Licence and good will of the said R. and his heirs, under the paine of forfeiting to us 10 l. Wherefore we will and Command for us and our heirs that he and his heirs have free Warren in all his Demesne Lands aforesaid. Provided neverthelesse that the same Lands be not within the Bounds of our said Forrest as is aforesaid. So that no man may into the said Lands to hunt in them, or to take any thing which to a Warren belongeth without the leave and goodwill of the said R. and his heirs under the forfeiture of 10 l. to us as is aforesaid▪ For that there is no expresse mention of the true yearly value, or any certainty of the premisses or any of them, or of any Grant or Grants heretofore to the said R. by us, or by any of our Progenitors appeareth to be made. Or any Statute, Act, Ordinance, or Provision to the contrary published, made or provided, or any other Cause or matter to the contrary notwithstanding. In witnesse whereof, We have caused these our Letters to be made Patents. Witnesse our selfe at Lancaster the tenth day of May in the 15 yeare of our Raigne.
Of a Steward-ship.
TO all to whom these presents shall come. I. Lord Marquesse W. and C: Lord Stafford his Sonne and heire apparant sent Greeting. Know ye that the said Lord M. and C. Lord Saint John. In consideration of the good and acceptable service already done and performed and hereafter to be done and performed to them, and either of them, and for divers other good Causes and Considerations, therein thereunto especially moving. Have for them their heirs and assignes, and the heirs and the assignes of the Survivor of them. Give and grant unto D W: of London Gent. the office of chiefe Steward, and the place and execution of chiefe Steward-ship of all and singular the Lordships Mannors, Lands, Tenements and Hereditaments of them the said J. Lord M. W. and C. Lord. Saint J. or either of them within the Realm of England and Dominion of Wales, whereof they or either of them are now seised, or here after shall be seised. Or whereof any person or persons whatsoever are now seised, or shall hereafter be seised for the use and trust for them, or any of them, their or either of their Heirs Executors, or Assignes of any estate whatsoever. And the holding and keeping of all Courts, Courts Leet, views of Franck-Pledge, and of all other Courts of what kind soever the same be now belonging or appertaining to them the said Lord M: W: &C. Lord Saint J. or either of them, or which hereafter shall belong to them, or either of them as being seised thereof, or to them or either of them upon any use▪ or by reason of any Trust of any estate setled in any other person or persons for their use, or in trust for them, or either of them. And which have been accustomed or used to be holden and kept within all and every, or any of the Lordships Mannors, Lands, Tenements and Hereditaments of the said J. Lord M W. and C. Lo. Saint J. or either of them which they now have, or shall hereafter at any time have or which any other person or persons now have or shall have in trust for them, or either of them, their or either of their Heirs, Executors or Assignes within the Realme of England or Dominion of Wales or either of them in such sort, manner and forme, and at such place and places, and at such dayes and time at such Courts or any of them, have heretofore been usually kept and holden. And also the said I. Lord M. W. and C. Lord Saint J. do further by these presents for them, and either of them, and their heirs, constitute, ordaine and depute the said A W. to be Solicitor for them and every of them, with full and absolute power hereby given to the said D. W. for them, and in their and every of their names and steads to solicite, prosecute and follow all and all manner of Actions, Suits, [Page 404] Troubles, and Affaires whatsoever, whether in Law or equity which now do, or in any sort whatsoever hereafter shall or may concerne the said J. Lord M W. and C. Lord Saint J. or either of them for or by reason of any Lordships, Mannors, Lands, Tenements and Hereditaments of them or either of them within the Realm of England or Dominion of Wales, whereof they or either of them are poffessed or seised or any person or persons for them: Or any other cause whatsoever, as well in all and every such Action or Actions, Suit or Suits, of or in any kind whatsoever either in law or equity as shall be brought by the said Lord M: W: and C. Lord Saint J. or either of them against any person or persons whatsoever, as also in all Actions and Suits of any kind to be brought against them or either of them, in any Court or Courts of Justice, and before any Judge or Judges for any cause whatsoever, for his reasonable Salary and allowance in that behalfe. To have hold occupie, exercise and enjoy the aforesaid Office of chief Steward, the place and Execution of the chief Stewardship oversight and government in that behalfe, of all and singular the Lordships, Mannors, Lands, Tenements and Hereditaments of the said J: Lord M: W: and C. Lord Saint J. or either of them which they or either of them or any other person or persons whatsoever, now have or hereafter shall have in Trust, or to the use of them or either of them, their or either of their heirs, or for any other estate whatsoever, and the holding and keeping of all and all Manner of Courts usually held and kept within the same: Together with all and all manner of Fees, Wages, Rewards, Profits, advantages and emoluments to the said Office of chiefe Steward or chiefe Stewardship of all the Lordships, Mannors, Lands, Tenements and Hereditaments of them the said J. Lord M: of W. and C: Lord St. J. or either of them, which they now have or which any other person or persons now have or hereafter shall have for them or either of them belonging, or in any wise appertaining, or at any time heretofore accustomed and used to be paid, rendred or received to, or by the chief Steward, or Stewards there for the time being, for, or by reason of the said Office of Steward ship or being chiefe Steward of the same.
Of the Clark-ship of the Peace by a Custos Rotulorum.
TO all to whom this present writing shall come A▪ E: of N. Lord of the Honours of C. and P, Lord P. L. P, F: P. B. and L: Knight of the most Noble Order of the Garter, and Custos Rotulor. of the County of N. sendeth greeting, Know ye that I the said E. relying [Page 405] upon the faithfulness diligence and circumspection of S. L. of &c. in the County of N Gentleman, in and about the Execution of the Office of the Clarkship or Clark of the peace of the said County of N. And also, for divers other good causes and considerations me thereunto especially moving, have assigned given granted and appointed, and by this my present, have confirmed to the said S. L. the Office of Clarkship, or Clark of the Peace of the said County of N. and him the said S. L. Clark of the said Office of Clarkship, or Clark of the peace of the County aforesaid, from time so long as he shal be have himself wel in the said Office, I do make ordain and constitute in these presents, To have enjoy execute & occupy the said Office of Clarkship, or Clark of the peace of the said County by himself or his sufficient Deputy or Deputies, so long as he shall behave himself well therein, with all and singular Fees Preheminences Allowances, Profits Emoluments and Commodities whatsoever, to the said Office any way belonging or appertaining, in as ful & ample manner and form, as any other heretofore executing and having the said Office of Clarkship or Clark of the peace had enjoyed received, or ought to have enjoy or receive for the Execution of the said Office, In witness whereof, &c.
Of an Extent.
THis Indenture made, &c. between I. D. of the Town of S. in the County of S. Gentleman, and W. D. of, &c. witnesseth, that whereas E. S. by the name of E: S. Esquire, the first day of May in the year, &c. by one Recognizance taken knowledged and sealed before Sir R. K. Knight, Lord cheif Justice of England, according to the form of the Statute for recovery of Debts in that case provided, standeth bounden to the said A: B: in the summ of 400 l. of lawfull English money, payable at the Feast of the Nativity of our Lord then next following, as by the said Recognizance more at large it doth and may appear.
And whereas also, the said I. D. hath extended, and to him delivered in Execution the Mannor of N. with the Appurtenances in the County of M. at the yearly Rent for the non-payment of the said summ of 400 l.
Now the said J: D: for divers good causes and considerations, him thereunto especially moving, hath granted assigned and set over, and by these presents doth grant assign and set over unto the said VV: D: his Executors, &c: all his Estate Right Title Interest and Demand, which he hath by reason of the said Extent & Liberate, of in and to the said Mannor of N: with the Appurtenances, and of and in every part [Page 406] and parcell thereof, and of in and to all and singular Messuages Lands Tenements Meadows Leazows Pastures Rents Reversions and Hereditaments with the Appurtenances so extended and delivered in Execution as aforesaid: And the said J: D: for him, &c: doth covenant &c: to and with the said W, D. his heirs, &c: by these presents in manner and form following, that is to say, That neither he the said J: D: nor his Executors, &c: at any time hereafter shall do any Act or Acts, thing or things, whereby the said Extent or the Estate Title or Interest of the said W D his Executors; &c: by reason of the said Extent, may in any wise hurt, impeached, discharged, undone, or made void:
And further, that hee the said I. D. his Heirs, &c: shall and will at the reasonable request Costs and Charges in the Law of the said W D. do suffer to be done made and knowledged all and every such further and reasonable Act and Acts thing and things, devise and devises in the Law, for the further assurance surety and sure making and conveying of the premisses, for and during the term of the said Extent and Execution unto the said W D as by the learned Councill of the said W: D: shall be reasonably devised or advised, In witness, &c:
Of the next Avoyder of a Parsonage.
TO all to whom this present Writing shall come, A: B: Doctor in Divinity sendeth greeting. Whereas our Soveraign Lady Queen Elizabeth by her gratious Letters Patents under &c. bearing date at &c. did give and grant for her and her Heirs & Successors unto me the said A B the first and next Advowson Donation Collation Presentation and free disposition of the Parish Church of H in the County of S. and the right of Patronage thereof to have and to hold the said first and next Advowson Donation Collation and free disposition to me the said A. B. and my Assigns for the only and next vacation thereof, so that it might be lawfull for me the said A. B. and my Assigns by vertue of the said guift and grant of the said Queen, any fit person to the said Church to the Diocesan thereof or any other competent Judge in that behalf to present so soon as the said Church as aforesaid by death Resignation privation Cession or by any other way shall happen to be void and all and singular things which shall be necessary to do and accomplish as fully and freely and intirely as the said Queen her selfe might have don if her Majesties said grant had not been made unto me as by the said Letters Patents more at large it doth and may appear now know ye that I the said A. B. for divers good causes and Considerations me thereunto specially moving, have given granted and assigned unto C. D. the said Letters Patents, and the the next Advowson [Page 407] Donation Collation Presentation and free disposition of the parish Church aforesaid to the said C: D: and his assigns for the next Avoidance and next Advowson of the same onely, so that it shall be lawfull to and for the said C. D. and his Assignes, as well by the authority of the said Letters Patents as by force and vertue of these presents any fit person to the said Church to the diocesan of the same or any other competent judge in that behalf to present when the same Church as is aforesaid by death Resignation Privation Cession or by any other means shall happen to be void and all and singular things which shall be necessary to be done in and about the Premisses to do and accomplish as fully free and entirely as I my self might have done if this present grant had not been made, In witnes &c.
Of a Presentation from the King.
To the Rectory of the Parish Church of B. in the County of S. within your Diocess by the free and voluntary Resignation of the worthy man T. N. Clerk, Doctor in Divinity last, and immediate Rector and Incumbent there by Law or in Fact, or by any other lawful way or means now void, and in full right to our Presentation belonging. Our Welbeloved in Christ W. P. Clerk Bachelor in Divinity to your Fatherhood by vertue of these presents, we do present requiring as much as to you belongeth the said W. P. to the said Rectory of the Parish Church of B. Rector to admit him Rector of the same, and of and in the same, wih all the rights and appurtenances thereof whatsoever, rightly and Canonically to institute and invest, and all other things to do and fulfil, which to your Pastoral Office belongeth, that you will do with favour. In witness, &c.
Of an Advowson from a Common Person.
TO all, to whom these Presents shall come, A. B. the true and undoubted Patron of the Rectory of the Parish Church of D. in the County of S. and Diocess of C. and L. Greeting in our Lord God everlasting. Know ye that I the said A. B. have Given Granted, and by this my present Writing have confirmed unto C. D. of &c. Esquire, the first and next Advowson, Nomination, Presentation and free Disposition of the foresaid Rectory of the Parish Church of D: with all [Page 408] the Members and Appurtenances whatsoever, willing, and by this my present Writing Granting, that it shall and may be lawful to, and for the said C D. his executors and administrators to the said Church, with all rights and appurtenances whatsoever, whensover, and howsoever, by Death, Resignation, Deprivation, Cession, Permutation, Dismission, or any other way he same Church first and next shall happen to be void, any honest and learned Clerk to present, and all other things which to the said Charge or Office belonging to do and fulfil for the first and next avoidance only as fully, &c. as I my self might do, &c.
Of a Presentation by a private person.
TO the Reverend Father in Christ, T. by Divine permission Bishop of C. and L. or to his Vicar General T. N. of &c. Esq; sendeth greeting in our Lord God everlasting, to the Rectory of the Parish Church of P. within your Diocess by the death of R. A. last Incumbent there being now void and in my Gift, by vertue of a Gift and Grant therof to me the said T. N. made by T. O. Esq; the true and undoubted Patron of the same Parsonage by a sufficient Writing under his Seal at Arms, bearing date &c. by which the said T. O. the first and next Advowson, Donation, Nomination, Presentation, and free Disposition of the same Parsonage, with its Rights and Appurtenances whatsoever, did Give and Grant my Welbeloved in Christ T. L. Clerk to your Fatherhood, I do present, Humbly beseeching you so farr forth the said T: L: to the said Rectory of the Parish Church of P: aforesaid to admit him Rector of the same Church to cause to be instituted and inducted with all its Rights and appurtenances whatsoever, and all other things to do and fulfil, which to your Pastoral Office belongeth, you will vouchsafe with favour to do. In witness, &c.
An Indenture between the Patron and Vicar.
VVItnesseth, That H. B. Patron of the Vicaridge of P. Have had and received before the Ensealing herof of VV: S: Clerk, Vicar of P, aforsaid the sum of &c. given unto me the said H. B. by him upon meer good will, and not by any promise or agreement to be paid by the said W. S. either directly or indirectly to me the said H. B. or to any other to my use before the Admission, Institution and Induction of the said W. S. wherupon I the said H. B. for me and my Heirs &c. do Covenant &c. to and with the said W. S. by these presents, that he [Page 409] the said W. S. shall or may from time to time, and at all times hereafter during the term of his natural life peaceably and quietly, have, hold, and enjoy, the said Vicaridge of P. together with all Oblations, Obventions, Tithes, Glebe-Lands, Rights Profits and Appurt. to the same belonging, without any Let, Hinderance or Disturbance of me the said H. B. or of any other person or persons claiming, by from or under me the said H. B. or by my consent or procurement.
Of a Manumission.
TO All to whom these Presents shall come, &c. T: L. Lord of the Mannor of D: sendeth Greeting Wheras A. B. otherwise called A: B: our native Son of C: B: otherwise called C: B. our Native belonging or appendant to our Mannor of D: in the County of E: was begotten in Villanage, and for such a one, and as such a one was commonly called, held, had and reputed openly, publikely and privately.
Know yea that I the said T: H. for divers good and lawful causes me therunto moving for me and my Heirs for ever have manumitted, released, and from the yoak of Servitude and Villenage discharged, and by these my Letters Patents do Manumit free, and discharge the said A: B. with all his Sequels begotten or to be begotten, with all his goods and Chattels, Lands and Tenements by him already bought, or hereafter to be bought whatsoever:
Know ye also that I the said T: H: to have Remised, Released, and for me my Heirs &c. hath quite claimed, and by this my present Writing do remit release and quite claym unto the said A: B: and his Heirs and all his Sequels, all and all manner of actions real and personal, Suits, Quarrels, Services, Challenges, Trespasses, Debts and Demands whatsoever, which against the said A: B: or any of the Heirs of his Sequels, or any of them, I have or had, or which I or my Heirs hereafter might have by reason of the Servitude and Villenage aforesaid, or for any other cause whatsoever, from the beginninng of the world until the day of the making of these presents; so that neither I the said P: L. nor my Heirs, nor any o [...]her by or for us or in our names, any action right, title, claim, interest or demand of Villenage or Servitude by the Kings Writ, or by any other means whatsoever against the said I. B: or his Sequels begotten or to be begotten, or against the Goods, Chattels, Lands and Tenements purchased or hereafter to be purchased from henceforth may exact, claim or challenge at any time hereafter, but that we be wholly and for ever therof barred by these presents. And I the said T: L: and my Heirs, the said A. B. with all his Sequels [Page 410] begotten or to be begotten free men against all men will warrant for ever by these presents: In VVitnesse whereof.
Of the Office of a Receiver and Surveyor.
TO all to whom, &c. E. Earle of D. sendeth Greeting. Know ye that I the said Earle have given and granted, and by these presents, do give and grant unto A. B. Gent. the Office of Receiver of all the Rents, issues, profits, summes of money arising growing, renewing or comming out of all my Mannors, Lands and Tenements whatsoever in the County of B. And also the Office of Surveyor, of all and singular my foresaid Mannors, Lands, Tenements and Hereditaments whatsoever. And him the said A B Receiver and Surveyor of the Mannors, Lands, Tenements, and Hereditaments aforesaid have ordained and appointed, and by these presents do ordaine and appoint. To have and to hold the said Offices of Receiver and Surveyor in as ample manner and forme, as any other or others the foresaid Offices or either of them have at any time heretofore have used and had the same: Know ye also, that I the said Earle, Have given and granted unto the said A B: for the execution and performance of the said Offices an Annuall or yearly Rent of 20 l. To have take, receive and levy, for terme of his naturall life by his own hands out of the Rents, Issues, and profits of the said Mannor Lands, &c: at the Feast of &c. by equall portions: And if it happen the said Annuall rent of 20 l. to be behind and unpaid—Then as in other distresses.
Of a Keeper of a Parke.
KNow all men, &c. That I A B. Knight, Lord of the Manor of D. Have given and by these presents have granted to my faithfull servant C D. the custody or Office of keeper of my Parke of E in the County of S. and have made and appointed him my Parker of my Park aforesaid. To have and to hold the said Custody or Office by himself or his sufficient Deputy (for whom he will be answerable unto me) during the naturall life of the said C. with the wages of 4 d. for every day yearly during his life: to be taken by the hands of the Receiver, Bayliff, Farmer of my Lordship, or Mannor of E: aforesaid for the time being yearly, during the life of the said C: out of the Rents and profits of the said Mannor with the appurtenances: At the [Page 411] Feasts, &c: by even and equall portions. And one Robe, such as my Servants have at the feast of the Nativity of our Lord when I or my Heirs shall be pleased to give such Liveries: And if it shall happen, &c: To distraine, and the distresses so taken lawfull to cary away lead, or drive, and the same with him to retaine, untill of the wages aforesaid, And all arrearages thereof (if any be) be fully satisfied and paid: Wherefore I do will, and command the Receivers, Bayliffs, Farmers and other occupiers of my said Mannor of E. both now and hereafter to be. That out of the Rents, Issues, Farmes and profits of my foresaid Mannor with the appurtenances, that he or they pay or cause to be paid to the said C. D. or his assignes, the wages aforesaid of 4 d. for every day at the Feasts aforesaid, by equall portions from year to yeare, and Terme to Terme, during the life of the said C, Know yee also that I have more over given, and by these presents, have granted unto the said C. pasture for one horse and five Kine within the Park aforesaid, during the life aforesuid, to be depastured: To have to the said C: during his life with free ingresse and egresse and regresse, to drive the same in and out of the said Parke without any contradiction whatsoever. So as neverthelesse the said C D: by himselfe or his sufficient Deputy do well and faithfully keep and exercise the said Office, for whose doings he will answer. In Witnesse, &c.
Of an Auditor-ship.
TO all to whom these presents shall come. H. Earle of D. sendeth Greeting. Know ye that I said Earle. Have made ordained, constituted and appointed A B. Gent. our Auditor to heare and determine, all and singular the accompts of all my Receivers and Bayliffs, Farmers, and other my Officers and Ministers of all and every my Mannors, Lordships, Lands and Tenements to me accomptable within the Kingdome of England, and to do and execute all and every thing which the nature of accompts doth exact and require. To have hold execute and occupie the Office aforesaid for terme of his life by himselfe or his sufficient Deputy for his yearly fee of 10 l. and for Paper, &c. for writing the Rolls of accompt 13 s. 4. d. to be taken out of the issues, profits, and Revenews of my Mannors, Lordships, Lands and Tenements aforesaid by the hands of my Bayliffs and Farmers for the time being. And I do also grant by these presents unto the said A B. or his Deputy, who in the exerciseing of the said Office shall be imployed in going, riding, or returning for every day 12 d. and for every servant of the said A. or his Deputy [Page 412] 12 d. requiring and commanding all my Officers and Ministers &c.—Ʋt supra.
Of a Bayliwick.
TO all, to whom this present writing shall come. A B. of C. in the County of D. sendeth greeting. Know ye that I the said A. in the fidelity Circumspection and due diligence of my beloved servant G H. to me and my posterity hereafter to be done and performed, very much relying and confiding. Have made ordained, and by this my present writing, constituted the said G H. of the Town, Mannor, or Lordship of R. in the County of L. and Collector and Receaver, of all and singular my Rents, Fines, Amerciaments and Estreats of Court Leets, or views of Franck-Pledge there: And of all other profits by reason of the said Courts Leet, or view of Franck Pledge, any way arising emergent or comming. To have hold, exercise and occupie the said Office to the said G. by himselfe so long as he shall well behave himselfe towards me, and shall a true and just accompt of his Receipts make unto me, and the same shall well and truly pay and satisfie. Taking of me for his yearly wages 5 l. at the Feasts, &c. by equall portions by mine own hands after his accompt and full payment at every halfe yeare, and the gifts, rewards, and emoluments to the same Office due and accustomed. Requiring, &c. Ʋt supra.
Of a Deputation or Ʋnder-Steward ship.
TO all, &c. A. B. &c greeting. Whereas C D. for &c. Esquire by his writing, bearing date, &c. Hath appointed and ordained me the said A. his Steward of his Lordships and Mannors of D. and S. and of all Courts of view of Franck-Pledge and Leets within the Mannors aforesaid. To have hold occupie and exercise the office aforesaid by me or my sufficient Deputy or Deputies for terme of my life with the Fees, Wages, Rewards to the same Office belonging or anciently due and accustomed, together with the yearly Fee of 5 l. for the exercise and occupying the said Office as by the said writing more at large appeareth. Now know ye me the said A B. to have made▪ ordained, and by these presents to have constituted my welbeloved R S. my Deputy or Under-steward of the Mannors or Lordships aforesaid, and of all and every Courts of view of Franck-Pledge and Leets within the Mannors or Lordships aforesaid. To have, hold, occupie [Page 413] and exercise the said Office of Deputy Steward of me the said A. for terme of naturall life. Taking and having yearly, during the said terme for exercising and occupying the said Office all Fees, Wages, Rewards and Profits to the same Office belonging, or auntiently due or paid. Together with the said annuall Rent or Fee of 5 l. and fully and wholly, and in as ample manner and forme. As I now, or heretofore have had received, have used, or to do have accustomed. In Witnesse.
Of a Ward within age.
TO all, &c. T E. of A. sendeth greeting: Know ye, That I the said Earle, for and in consideration of a certaine summe of mony to me by R H: Gent. before hand paid. Have given, and by these presents have granted to the said R: the custody of W. B. Sonne and Heire of T W. now deceased, and of all his Lands, Tenements and Hereditaments which of right ought to come into my hands, by reason of the minority of the said W. after the death of the said T. who held off me at the day of his death by Knights service To have and to hold the custody aforesaid, and the marriage of the said W to the said R H. and his assignes untill the said W. shall attaine to the full age of 21 years, and so long as it shall happen the said W. to die before he shall accomplish the age of twenty one years his heire being within age. Then know ye, that I the said Earle for the consideration aforesaid. Have given and by these presents have granted unto the said R. the custody of the same heire and of his Lands, Tenements, and Hereditaments aforesaid, together with the Marriage of the same Heir, and so from Heire to Heire, u [...]till one of them shall attaine to the age of twenty one years. Given under my hand, &c.
Of an Advowson of a Parsonage in Fee.
THe King, &c. Know ye, That we of our speciall Grace and meere motion: Have given, and by these presents have granted unto our beloved Subject T T. the Advouson, donation, fee, disposition and Right of Patronage and Presentation of and to the Rectory and Parish Church of D. in the County of S. To have and to hold the said Advouson Donation free disposition and right of Patronage [Page 414] unto the said T T. his Heirs and Assignes for ever. In witnesse whereof, &c.
Of a Donation of a Free Chappell.
TO all, &c. A B. of, &c. Greeting, Whereas the free Chappell of R: in the Diocesse of L. is known to be void and of right doth belong to my guift. Know ye me the said A B. the said Chappell with all its Rights and Appurtenances whatsoever to have given and granted to my welbeloved in Christ C D. Clerk an honest and learned man, And by vertue of these presents, the said C. in bodily possession of the said Chappell have inducted. In Witnesse, &c.
Of an Annuity given to a Servant for promotion in Marriage.
TO all, &c. A. B. of C. in the County of D. Esquire sendeth greeting. Whereas there is a great hope of a marriage between J S my servant, and one E. G: Know ye, that I the said A. B. being willing to augment the Commodity and profit of my said servant in respect of his diligence in his service well and faithfully performed: That he may be the better enabled to live. Have given granted, and by these presents have confirmed to the said J. S. and E. an Annuity or yearly Rent of &c. issuing out of the Manor of Dale in the said County of D. &c. To have and hold, and enjoy unto the said J S. and E. and the longer liver of them, and their Assignes, for and during the naturall life of me the said A B. At the Feasts, &c. and if it shall happen, &c. (ut alibi.) Provided alwayes that if the said marriage shall not succeed or be consummated, or if the said J S and E. by me or by my means shall any way be preferred, or either of them, shall obtaine any Annuity or Annuall Rent, Lands, Tenements or Hereditaments, or any certainty of livelyhood, to have and to hold during my life of the yearely value of 10 l: or more. That then and from thenceforth these present writing shall be void and of none effect, any thing therein contained to the contrary in any wise notwithstanding. In Witnesse, &c:
Of a Cheife Rent, Homage, and Service.
KNow all men, &c. That I A. B. of &c. Have given and granted, and by this my present writing have confirmed unto C. D: of &c. all that my Rent of twenty shillings homage and free services issuing out of one Tenement, and foure yard Land of J. Saint in D. in the said County withall and every the appurtenances, which tenement and foure yard Land were heretofore the Lands of J. N. To have, hold, receive and take the said 30 s. rent, homage and services to the said C D: his Heirs and Assignes for ever: Paying doing and yeilding in the same manner and forme as the said J. S. and his Ancestors to me and my Ancestors were accustomed to pay, do and yeild. And if it shall happen the said yearly rent of twenty shillings, &c. to behind, &c. That then it shall be lawfull to and for the said C D. his Heirs and Assignes into the foresaid, &c. to enter, &c. In Witnesse.
Of an Annuity for Councell not to be charged upon the Person of the Grantor.
TO all to whom, &c: A. B. of C. in the County of D: sends greeting. Know ye that I the said A. have given and granted, and by this my present Deed, have confirmed unto E F. Gent. for his Councell already given, and hereafter to be given an Annuity or Annuall Rent of 5 l: issuing out of all my Lands, Tenements, and Hereditaments in S in the said County of D. To have and hold to the said E F. for and during the Terme of his naturall life. Provided alwayes, That this my present writing, nor any thing therein specified, shall any way extend to charge my person by Writ of Annuity, or any other way whatsoever, but only to charge my said lands and tenements aforesaid, with the Annuall Rent aforesaid. In Witnesse, &c.
Of an Annuity to the use of a Woman, to begin after the death of the Grantor.
TO all to whom, &c: A B. of &c. Yeoman sendeth greeting. Know ye that I the said A: have given and granted, and by these presents to give and grant unto C D. and E. F. an Annuity or Annual rent of 10 l. issuing out of all my Messuage and Tenement and Lands [Page 416] thereto belonging with the Appurtenances in S. aforesaid, to have and to hold to the said C. D. and E. F. and their assigns, for and during the term of the naturall life of R. S. to the use of the said R. S. whom I do purpose by the Grace of GOD, to take to wife, to be paid at the Feasts of &c. by equall portions, the first term of payment thereof to begin at such of the said Feasts as shall next happen after the death of mee the said A B. and not before, and if it happen the said yearly Rent, &c. In witnesse, &c.
Of a Reversion.
TO all to whom &c. A. B. of &c. greeting, Whereas T. B. my Father hath and holdeth for term of his life, a certain Tenement with the appurtenances in G, called or known by the name of H. the Reversion whereof to me and my heirs belongeth, Know ye that I the said A have given, and by this my present writing, have confirmed unto J. N. the Reversion of the forsaid Tenement with the Appurtenances when it shall happen after the decease of my said Father, to have and to hold the said Reversion with the Appurtenances when it shall happen to the said J N his Heirs and Assigns for ever, In witness, &c.
Of an Annuity with Condition, that the Wife shall claime no Dower.
TO all to whom, &c. A. B. of C. in the county of D: Gentleman, sendeth greeting, Know yee, that I the said A B have given and granted, and by this my present writing have confirmed unto T. G. and H. I. one annuity or anuall Rent of 20 l. issuing out of all and every those my Messuages Lands Tenements and Hereditaments in C: aforesaid in the county aforesaid, with their and every of their Appurtenances, to have and to hold to the said T: G: and H I and their Assigns for and during the tearm of the naturall life of E. B. my wife, to be paid at the Feast of, &c. by equall portions the first day or tearm of the payment thereof to begin at such of the said Feasts, as shall first and next happen after the death of me the said A, to have and receive the said annuity or annuall Rent of 20 l. at the Feasts aforesaid in forme aforesaid, to be paid to the said T. G. and H. I. their Executors and Assigns for and during the naturall life of the said E. for and in consideration, and in the name of the whole Dower of the said E. to be had out of all the Mannors Lands and Tenements which late were, or [Page 417] now are the Mannors Lands and Tenements of me the said A B.
And if it happen the said annuity or annuall Rent of 20 l, or any part or parcell therof to be behind and unpaid at any of the said Feasts &c, that then it shall be lawfull, &c, to distrain &c.
Provided alwaies, that if the said E. or any other person or persons in her name and by her affent act or procurement at any time after the death of me the said A. any right title claim or demand in the name of her dower, of and in the said Messuages Lands Tenements and other the premisses, or in any part or parcell thereof, shall claim or demand to have by any way whatsoever, that then and from thenceforth, the payment of the said annuity or annuall Rent of 20 l. or any part or parcell therof shall cease, and that this Grant therof, shal cease determine and be void, this my present Writing, or any thing or matter therein contained specified or expressed in any wise notwithstanding, In witness, &c.
JOYNTURES:
A Womans Ioynture of Land in London, passed by way of Recovery.
THis Indenture tripartite, &c. Between W. I. of L Gentleman, on the first party, and R. P. Citizen and Leatherseller of L. and A P of the same City Goldsmith on the second party, and E. P. and C. P on the third party; witnesseth, That the said W. I. for and in consideration of a Marriage to be had and solemnized between the said W I on the one party, and F. P. Daughter of the said R. P. on the other party, and for a Joynture to be made to the said F. and for divers other good considerations, the said W. especially moving, doth covenant and grant for himself his Heirs Executors and Administrators to and with the said R. P. his Heirs Executors and Administrators, by these presents.
And it is covenanted granted and agreed by and between all the said parties to these presents in manner and form following, That is to say, That he the said W. I. within [...] dayes next ensuing the date of these presents, shall make and execute or cause &c. unto the said R. P. and A. P. and to their heirs, a good lawfull perfect and absolute Estate in the Law in Fee simple, of and in all that Messuage, &c. All which said Tenements and premisses aforesaid, are scituate within the parish, &c. and also of and in the Reversion and Reversions of all and singular the same premisses, to the intent that the said R. P. and A. P. and their Heirs shall and may stand seised of the same [Page 419] premisses, whereby within one moneth, next after the making and Execution of the said Estate, of all and singular the said Messuages and Tenements, and other the premisses to the said R. and A. and their Heirs in form aforesaid, the said E. P. and C. P. or the Survivor of them, shall pursue and bring the Kings Majesties Writ of Right Patent, our of his Highness Court of Chancery against the said R. & A. or the Survivor of them, to be directed to the Mayor and Sheriffs of the City of L. By which Writ of Right Patent, the said E. &C. or the Survivor of them in the Guild Hall of L. before the said Mayor and Sheriffs in the Court of Hustings, according to the custome of the said City, shall demand against the said R. P. and A. P. or the Survivor of them, the said Messuages and Tenements, and all and singular other the Premisses with their Appurtenances by the names of, &c. in L. or by such other Names or quantities, as shalbe reasonably devised: And that the said R. P. and A. P. or the Survivor of them in his or their own persons, or by his or their sufficient Attorney shall appear to the said Writ, and after Declaration thereupon made, shall make defence and vouch over to warranty the said W. I, who shall appear and enter into warranty, and vouch over the common Vouchee, which common Vouchee shall imparl, and after make default in contempt of the Court, whereby Judgment shall be given in the said Writ against the said R. and A. or the Survivor of them, and Execution thereof shall be had and sued in such sort, that a perfect Recovery with a double Voucher shall be had and perfectly executed of all and singular the premisses.
And further, it is by these presents, fully and expresly witnessed and declared.
And also it is covenanted granted condescended and agreed by and between all the said parties by these present Indentures, that the said Recovery to be had and executed as aforesaid, and the Execution therof shall be: And that the true intent and meaning of the same is, and that all other Recoveries to be had, suffered, levied, or executed, of the Premisses or any part or parcell therof within one year after the making and executing of the said Estate of the Premisses, to the said R. and A. and their Heirs as aforesaid shall be, and that the said E. and C. and their Heirs, and all and every other person and persons, and their Heirs, which at any time hereafter shall be seised of the said Messuages and Tenements, and other the Premisses, with their appurtenances, and of every or any part therof, by virtue of any Recovery or Recoveries aforesaid, shall stand and be seised of all and singular the Premisses, with the appurtenances to the only uses and intents hereafter in these presents expressed and mentioned, & to none other use intent or purpose whatsoever; That is to say, To the use of the said W: and his Heirs, untill Marriage shall be had between him the [Page 420] said W: and the said F: P: And from and after Marriage had between the said W: and F▪ then to the use of the said W. and F. for and during all the term of their naturall lives, and the naturall life of the longer liver of them two, and after their deceases, then and from thenceforth to the use of the Heirs of the bodies of the said W. and F. between them two lawfully to be begotten; And for lack of such Issue, then to the use of the Heirs of the bodie of the said W. I. and for lack of such Issue, then to the use of such person and persons, and his, her, or their Heirs, as the said W. hereafter by his last Will and Testament, or otherwise by writing, under his hand and Seal, fealed and delivered in these presence of three Witnesses at the least shall name or appoint: And for and in default of such nomination or appointment, then to the use of the next right Heirs of the said W. I: for ever.
And moreover [...]he said W. I. for him &c. covenanteth with the said Yearly value. R. P: his &c. That the said Messuage Tenements and other the Premisses now be, and from henceforth for ever shall or may remain, come, continue and be to the uses afore in these present Indentures expressed and mentioned as well of the full and clear yearly value of 20l. of &c. over and beyond all Charges and Reprises whatsoever; as also free and Discharge of Incumbrances. clearly discharged exonerated and acquitted, or otherwise by the said W: his Heirs Executors or Administrators, well and sufficiently saved and kept harmlesse, of and from all and singular Bargains &c. had, made, done, or suffered, or hereafter to be had, made, done, or suffered, before a perfect Recovery shall be had and perfectly executed, of all and singular the Premisses, with their Appurtenances, to the uses afore in these presents expressed; According to the true intent and meaning of these present Indentures (the chief Rents and Services hereafter to grow due for the Premisses, to the chief Lord or Lords of the Fees of the same, and all Leases for years heretofore made and granted, not exceeding the term of 21. years now to come, not hurtfull or prejudiciall to the clear yearly value of 20 l. afore specified; and wherupon the old usuall yearly Rents or more, been reserved or shall be yearly due and payable, during the continuance of the same Leases, to the uses afore in these presents expressed, only except and fore-prised.
And furthermore the said W. covenanteth with the said R: his &c. Further assurance. that for the better assurance of all and singular the Premisses, with all and singular their Appurtenances, to be had and made sure, to the uses afore in these Indentures specified and limited, he the said W. and his Heirs, and all and every other person and persons, and their Heirs, any thing lawfully having, or lawfully claiming in or to the Premisses, or any part therof, by, from, or under the said VV: or the said P: I: his Father, or M. I his Mother, or any of them (other then only the Leases, and their Assigns, claiming for or by reason of their Leases afore [Page 421] excepted in these presents) shall and will upon every reasonable request, and at the costs and charges in the Law of the said R: P: his Heirs Executors Administrators or Assigns, do make knowledge and suffer to be done, all and every such lawfull and reasonable act and acts, thing and things, be it by Fine Feoffment, Recovery with Voucher or Vouchers, single or double, or by any other waies or means whatsoever, with warranty against them and their Heirs only, as by the said R. his &c. shall be devised &c. at any time or times, within the space of five years, next after the day wherin marriage shall be had between the said VV. I. and F. P.
And the said R. P. for him, his Heirs Executors and Administrators, Covenant for a Childs Portion (besides the present advancement) at the death of the Father. and every of them, doth covenant annd grant to and with the said VV. I. his Executors and Administrators by these presents; And by these presents doth declare his mind and pleasure to be, that after the decease of the said R. P. the said F. his Daughter (if she be then living) at or upon reasonable demand, shall or may have a reasonable and rateable Childs Portion, agreeable to the ancient use and custom of the City of L. of all such Goods Chattels and Credits as shall be of the said R. P. at the time of his decease in such manner, as any other Child or Children of the said R. P. shall or ought to have, by virtue or means of the same custom; Any advancement received before or at time of marriage of the said W. and F. or after their marriage by or from the said R. P. in any wise notwithstanding: In witness, &c:
LEASES.
A Lease of VVoods with divers good Covenants.
THis Indenture between E. I. of L. in the County of S. Gent. on the one party, and G. K. Cit. &c. of L. on the other party, witnesseth, That the said E. I. for and in consideration of the summ of 50 l. of &c. wherof and wherewith &c. Hath demised granted betaken and to farm letten, and by these presents &c. unto the said G. K. his Executors Administrators Demise. and Assigns, all that Wood and parcell of Wood ground, called All that Wood Ground. and known by the name of W. otherwise W. containing by estimation 25. acres, be it more or lesse, lying in L. in the County of K. now or late in the tenure or occupation of the said E. I. and his Assigns, and every or any of them abutting &c. or by whatsoever bounds the same is set forth or known, Together with all Profits Benefits Commodities and Advantages of the And all Woods Copices, &c. said Wood and Wood-ground, Ʋnder-woods Coppises Springes Thorns Tennets Bushes and Things in the same being, or to the same Wood or Wood-grounds Ʋnder-woods Tennets Spraies Bushes Commons Hereditaments and Appurtenances therof belonging, or in any wise appertaining, and all the Herbage and Pannage Pasturing Feeding and other the Commodities, of all and singular the said Premisses, during the term of 61. years, hereafter in these presents mentioned, that shall grow in or about the said Wood and Wood-grounds, and all and every other the Premisses with the Appurtenances, or any part or parcell therof, and all and singular Woods Ʋnder-woods Copices Springs Bushes Spraies Timber-trees, and all other Trees great and small, and things whatsoever, as at any time after the last day of April, which shall be in the year of our Lord God &c. shall be standing, growing, encreasing springing, lying, and being, or which then ought to be left standing growing, and being upon and about the said Premisses, or any part therof; To have and to hold the said Woods and Ʋnder-woods, Habend. and all and singular other the said Woods Ʋnder-woods, Coppices Springs Bushes Spraies Things Profits Commodities Benefits and Advantages, and all other the Premisses, unto the said G. K. his Executors Administrators and Assigns, from the said last day of April, which shall be &c. unto the end and term of 61. years, from thence &c. and fully to be compleat and [Page 423] ended, to use and dispose at the free liberty, most commodity, benefit and profit of the said G. K. his Executors Administrators and Assigns, and every Redend. of them, yeilding &c. unto the said E I. his Heirs or Assigns 20 s. of lawfull &c. at two Terms &c. That is &c. at the Feasts of St. Michael &c. and the Annunciation &c. or within six weeks next ensuing either of the same Feasts by even portions, at or before the Mansion House of the said E. I. in L. in the County of K. And if it shall happen the said yearly Rent of 20 s. to be behind and unpaid, in part or in all, over or after any Feast or And if it happen &c, Term of payment therof aforesaid, in which it ought to be paid by the said space of six weeks, and lawfully asked at the house aforesaid, and no sufficient Distresse on the demised Premisses to be had; That then it shall be lawfull unto the said E. I. his Heirs and Assigns, into all and singular the said Ground to enter and the same to have again and retain, as in his or their former Estate. And the said G. K. his Executors Administrators and Assigns, and all other Occupyers therof, out and from the same utterly to expell amove and put out, any thing herein comprised, to the contrary notwithstanding.
And the said E. I. for and in consideration of the said 50 l. as above now Bargain and Sale. paid, hath &c. And by this Indenture, doth fully cleerly and absolutely bargain and sell, give and grant unto the said G. K. his Executors Administrators and Assigns, all and singular the said Timber Trees Pollards and all other Trees great and small, now standing, growing, springing, increasing, lying, and being, or that hereafter shall stand &c. and which otherwise are or ought to be reserved by the said E. I. in one Indenture dated &c. made between the said E. I. on the one party, and I. G. of P. in the County &c. on the other party, as all the Woods Ʋnder-woods Hedgerows great Timber, and all other Timber Trees, and all other Trees Pollards▪ Tennets Spraies Bushes Thorns and Commodities, that after the said last day of April, shall stand, grow, and be, in and upon, or about the said Woods and Wood-ground, during the said term of 61. years (except and alwaies reserved unto the said E. I. his Heirs and Assigns, all Pollards, Elmes, and other Trees, which shall grow increase and be in the Fences of the demised Premisses, the Loppings and Toppings of which said Pollards, Except &c. all Trees in the Hedges. Elmes and Trees, so by these presents excepted, which hath heretofore been used to be lopt and topt; The said E. I. doth likewise by these presents give grant bargain and sell unto the said G▪ K. his Executors Administrators and Assigns, to have and to hold the said Hedge-rows, great Timber Trees and all other Timber Trees, and other Trees Pollards Thorns and Commodities, Habend. and all other the bargained Premisses (except above by these presents excepted) unto the said G. K. his Executors Administrators and Assigns, to the only proper use and behoof of the said G. K. his Executors Administrators and Assigns for ever. And the said E. I. covenanteth &c. in manner &c. viz. That he the said G. his Executors Administrators and Assigns, shall and may as well between the day of the date of these presents, [Page 424] and the said last day of April, during the said term of 61. years, at his and their free liberty and pleasure, have peaceable free and quiet liberty, ingresse and regresse, course recourse and passage into and from the Ingress and Regress. said Wood and Wood-gound, and every part and parcell therof, at all time and times, for himself, his Executors Administrators and Assigns, Servants, Work-men Horses Carts Cattell and carriage for to have, take, fell, cut down, lop, top, carry away, make up, use, dispose, and convert to whatsoever use and commodity he or they the said G. K. his Executors Administrators and Assigns, or any of them shall think good, all and singular the same timber Trees, and all other the said Trees, Timber, Pollards, and all and singular other the said Premisses by these presents demised and bargained, and every part and parcell therof, during the said term of 61. years above demised (except the said Timber and Pollards in the said Fences above herein excepted.) The loppings and toppings wherof the said G. K. his Executors Administrators and Assigns, freely and quietly at his and their pleasure, as above to lop and top; The said G. K. his Executors Administrators and Assigns, not willingly hurting the said Woods of the said I. G. mentioned in the fore recited Indenture.
And the said E. I: doth covenant &c. in manner and form &c. That he Coven [...]nt for enjoyance. the said G. K. his Executors and Assigns, all and singular the said Premisses above by these Indentures demised, given granted bargained and sold, and every part therof, shall and may peaceably and quietly hew, fell, cut down, convert, and dispose, have hold and demise in manner above expressed and declared, during the said term of 61. years, without any lawfull let interruption or eviction of the said E. I: his heirs executors administrators or assigns, or of any other person or persons: And that the said I. G. his Executors Administrators Workmen and Officers, shall leave the said timber Trees, and all other the said Pollards above by the said I. G. in and by the said Indenture covenanted to be left: And the said G. K. covenants [...] Vendee to [...] Standils [...] &c. That he the said G. his Executors Administrators and Assigns, shall at the felling of the said Woods and Ʋnder-woods which after the said last day of April &c. shall be felled and cut down, leave standing in and upon the said Grounds sufficient Standils, according to the Statute and custom of the Country in that case used and accustomed. And further the said G. K. covenants &c. sufficiently to hedge and inclose the said Wood-ground, [...] the [...] &c. [...] Fee during the said term of 61. years. And the said E. I. covenants &c. in form &c. That he the said E. I. at the ensealing and delivery of these presents, is now very true sole and lawfull Owner of all and singular the demised and bargained Premisses, and of every part therof, of a good and perfect Estate in Fee-simple, without any condition or alteration of use, and hath now good right full power and lawfull authority to demise grant let to farm alien bargaine sell warrant and defend the same in manner Hath good right to demise bargain &c. and form, according to the tenor of this Indenture, unto the said G. his Executors Administrators and Assigns. And that the same demised and [Page 425] bargained Premisses, and every part therof, are and be, and so shall continue Discharge of Incumbrances. during the said term of 61 years, unto the said G. his Executors Administrators and Assigns, free clear and clearly acquitted discharged or upon request sufficiently saved harmlesse, and cleared of and from all and singular former Bargains Sales Gifts Grants Annuities Rent-charge Rentseck Arrerages of Rents Fines Forfeitures Mortgages Recognizances Statutes Condemnations Judgments Executions Joyntures Dowers Troubles Titles and Incumbrances whatsoever, had made committed executed caused procured done or suffered by the said E. I. or his Assigns, or any for him or to his use, or by his means, or otherwise the said yearly rent of 20 s. herein reserved, only except. And that the said E. I. and his Heirs, and all and every other person and persons, and their heirs, in whom any Further assurance. lawfull Right Reversion Remainder Estate Ʋse or Title now is, shall be, or remain, shall at all and every time and times hereafter upon request execute eseal deliver and do unto the said G. K. his Executors Administrators or Assigns, at the costs and charges in the Law of the said G. his Executors and Administrators, all and every such lawfull Writing Obligation Conveyance Act Devise and Assurance of and in the Premisses, for and during the said 61. years, or such term of years then to come of the said 61. years, to the use and behoof of the said G. his Executors Administrators and Assigns, for the further, more better and perfect assurance of all the said Premisses, and every part therof unto the said G. his Executors Administrators and Assigns, clear and clearly discharged as above, as by the said G. his Executors Administrators or Assigns, or his or their Councell learned in the Law, shall be reasonably advised or devised: In witnesse &c.
A Lease of Herbage and Pawnage of Wood-Ground, the VVoods being formerly granted.
THis Indenture, &c. Between I. M. of L. Gent. on the one party, and F: M: of L. Gent. on the other party, witnesseth, That the said I: M: for divers considerations him therunto moving, hath demised, granted, betaken, and to farm letten, and by &c. unto the said F: M: all the Herbage, Pawnage, Pasturing and Feeding, and other the Commodities of all that Wood-ground, commonly called or known by the name of T: Parke, with the appurtenances, set, lying and being in the Parish of T. in the County of S: and also all that Meadow containing by estimation eight acres be it more or less, lying Except Standers, &c. and adjoyning next to the North side of the said Wood-ground (except and to the said I: M: his Heirs or Assigns, alwayes reserved all such Trees, Standards Storeers as are mentioned to be excepted or [Page 426] Covenanted to be left by the said F: his Executors and Assigns in one paire of Indentures, between the said I: M: and F: M. made, bearing date &c. now last past with free ingress, egress and regress at all times, for the felling, cutting down, and carrying away of the same Trees, Habend. Standers and Storiers, and every or any part therof) to have and to hold all the said Herbage, Pannage, Pasturing Feeding, and other the commodities of the said Wood-ground with the appurtenances, and also all the said Meadow, except before excepted to the said F: M: his &c. from the Feast of the Annuntiation &c. last past &c: unto the end and term of 21. years, from thence &c. yeilding and paying therfore yearly during the first five yeers of the said term unto the said Reddend. I: M: his Heirs and Assigns 13 l. 6 s. 8 d. of &c. and yearly after the end of the same five years during all the residue then to come of the said term of 21. years to the said I. M. his Heirs or Assigns 20 l. of like lawful money at two Feasts or terms of the year, that is to say &c. And if it happen the said yearly rent of 13. l. 6 ls 8 d. or any part or parcel therof at any time during the said five years, or the said yearly rent of 20 l. at the end and expiration of the said term of five years to be behind and unpaid by the space of 30. dayes next over or after, either of the said Feasts wherin the same ought to be paid being lawfully asked, that then and from thence forth this present Lease shall be utterly void and of none effect, any thing in these presents contained to the contrary notwithstanding
And the said F. M. Covenanteth, &c. That he the said F. his Executors Administrators and Assigns, at his and their own proper costs and charges from time to time, shall and will well and sufficiently repaire, fence, scoure and amend all the Hedges, Ditches, Fences, Gates and Enclosures of the said Wood-ground and Meadows as often, & when need shall require during the said term, and the same upon the determination of this present Demise so sufficiently repaired, senced, scoured and amended, shall leave and yeeld up.
Provided alwayes that if the said I: M: his Heirs or Assigns, at any time after the end and expiration of the first term of years of the said term of 21. years shall be minded or disposed to resume, have, or take again the Premisses before by these Presents Demised, and therof do give publike notice and knowledge at the Parish Church of T: aforesaid upon either of the Feast dayes aforesaid, that then and immediatly from, end after the end of one whole year next after such notice given as aforesaid, the Lease shall cease, determine and be u [...]terly void and of none effect. This Indenture, or any thing in these presents contained to the contary therof in any wise notwithstanding In consideration wherof the said I. M. Covenanteth &c. that he the said I. M. his Executors Administrators or Assigns, shall well and truly content and pay or cause &c. to the said F. M. his Executors or [Page 427] Assigns, the summ of 40 l. of &c. at the Shop now in the tenure of I. W. Scrivener, scituate in F. of L. within one moneth next after, that the said F. M. his Executors Administrators and Assigns, shall after such determination of this present Lease, leave and depart from the Possession of the afore letten Premisses, and upon reasonable demand to him the said I M. his Executors, or Administrators, therof made.
And the said I: M: Covenanteth &c. That he the said F: M: his Executors and Assigns, for the several yearly rents in form aforesaid, reserved and to be paid and under other the Covenants aforesaid, on the part and behalf of the said F: and his Assigns to be performed, shall or may peaceably and quietly have, hold, occupy, and enjoy the said Herbage, Pannage, Pasturing, Feeding, and otherthe Commodities of all the said Wood-grounds, with the appurtenances, and also the said Medow except before excepted, for, by, and during all the said term of 21. years according to the tenor and true meaning of these presents, without let, disturbance, molestation, or interruption of the said I. M. his Heirs or Assigns, or any of them, and without any lawfull let &c. of any other person or persons whatsoever by his assent or procurement. In witness, &c.
A Lease of Copy hold Land, with recitall of the Lords License Ad dimittend.
THis Indenture, &c. Between J. L. Citizen and Cloth-worker, &c. on the one party, and S. M. Citizen and Haberdasher, &c. on the other party, witnesseth, that the said I. L. by virtue of a License by him before the ensealing of these presents, procured and obtained of the Queens Majesty, Lady of the Mannor of W. in the County of S. for the granting and setting to farm of the Tenements, and parcell of Ground hereunder demised to the said S. M. according to the Tenor and true meaning of these presents, hath demised, &c. and by these presents, &c. to the said S. M. all those two customary Messuages or Tenements with their Appurtenances and one little parcell of Ground thereunto adjoyning, holden by copy of Court Roll, of our said Soveraign Lady the Queen, as of her said Mannor of W. and all and singular Houses Edifices Orchards, Gardens, Cartilages, Profits, Commodities, Easements and Hereditaments whatsoever, to the said Messuages or Tenements belonging or appurtaining, which Tenements and other the demised premisses are scituate and lying in P. in the said County of S. that is to say, Between the great house there of the said J. L. now in the holding of Sir E. B. Knight, toward the West, and another Tenement or the said J. L. now occupied by A. L. toward the East, and [Page 428] upon the River of Thames toward the North, and upon the commonfeild of P. aforesaid toward the South. To have and to hold the said two Tenements with their Appurtenances, and the said parcel of ground, and all other the above demised premisses to the said S. M. his Executors and Assigns, from the Feast of the birth, &c. next, &c. unto the end and term of fifteen years, from thence &c. yeilding and paying therefore yearly during the said term unto the said I. L. his Heirs and Assigns 30 s. of &c. in the Feasts of the Nativity &c. & the birth, &c. by even portions. And if it shall happen the said yearly Rent of 30 s. or any part therof to be behind unpaid over or after any of the said Tearms or Feasts of payment therof by the space of twenty days, it being in the mean time lawfully asked, that then or at any time after it shall and may be lawfull to and for the said J. L. his Heirs and Assigns into the said Tenements and other the premisses, to enter and distrain, and the Distress or distresses there found, lawfully to take lead drive and carry away, and with him and them to retain and keep untill the sayd yearly Rent with the arrerages thereof (if any be) together with all their costs and damages in that behalf to be sustained, shall be fully satisfied and paid to the said I: L: his Heirs or Assigns:
And the said S: M. covenanteth, &c: that he the said S: M. his Executors and Assigns, shall and will at their Costs and Charges from time to time during the said term of fifteen years, well and sufficiently uphold repair sustain maintain and amend the said two tenements with their Appurtenances, and all new Building whatsoever upon the premisses to be builded during the said term, and the pales hedges walls and inclosures of the said parcell of ground, and other the demised premisses in and with all manner of Reparations thereunto to be needfull, so often as need shall require, and shall and will also clense scowre and purge the sieges gutters and widraughts of the said Tenements with the Appurtenances when like need shall require, during the said term of fifteen years; and the said two Tenements with their Appurtenances, and new buildings to be made as aforesaid, and other the premisses by these presents demised so well and sufficiently repaired upholden and kept in reparations as aforesaid, and all the Glasse Wainscot Windowes Doors Locks Keys Casements and such like in the premisses to be made or set, during the said term, in the end of the same term, shal leave and quietly yeild up. And that he the said S. his Executors nor Assigns, shall do or cause to be done any Act or Fact, or other thing or things whatsoever, which may forfeit lose or impair the estate or interest which the said J. L. hath in the premises or any part thereof, or which may otherwise be hurtful or prejudiciall to the said I his heirs or assigns for or concerning the having holding or enjoying of the same or any of them, and the said J: L covenanteth, &c: that he the said S, M. his Executors and assignes for and under the payment of the sayd [Page 429] yearly Rent of 30 s. and performance of the covenants and articles aforesaid, on his and their part to be paid kept and performed according to the true meaning of these presents, shall or lawfully may have hold and enjoy the said two Tenemeuts and other the premisses by these presents Demised during the said term of fifteen years, without any let, molestation, eviction or impediment of the said I: L: his Heirs or Assigns, and without any lawful let, molestation, eviction or interruption of any other person or persons, and that he the said I: L: his Heirs or Assigns, shall from time to time discharge, or upon reasonable request save harmless the said S: M: his Executors or Assigns, of, and for all Quit-rents, Payments, Duties and Services to be had or done, for or out of the Demised Premisses, or any part therof to the Queens Majestie her Heirs or Successors, and also of and for all Rent, Charges and Annuities heretofore going or issuing out of the said Demised Premisses or any part of the same (The yearly rent of 30 s. by these presents reserved onely, except and fore prised) In witness, &c.
A Lease to one during the life of himself, his wife, and their child unborn, or another to be nominated in stead therof, with provision that the husband shall leave his wife his Land, if he dye before her.
THis Indenture made, &c. Between I: L: Citizen and Clothworker of L: on the one party, and R: S: of H: in the County of G: Clother on the other party, Witnesseth, That the said I: L. for and in consideration of a Marriage already had and solemnized between the said R: S: and M: now his wife, one of the daughte [...]s of I: L: late of H: aforesaid Gent. deceased, brother unto the said [...]: L. and for the preferment, of the said M: Hath Demised, Granted, and to farm, letten, and by these presents &c. unto the said R: S: all that dwelling House with the appurtenances lately new builded and adjoyning to, &c. and all and singular Barns, Stables &c. saving, and alwayes except out of this present Lease and Demise all that &c. To have and to hold the said &c. except &c. unto the said R. S: his Executors and Assigns, Habend. from the Feast &c. last &c. for, by, and during all the term of fourscore and nineteen years from thence &c. and fully &c. if the said R. S: and M. his wife and such child as shal be begotten of the body of the said M: by the said R. and in this behalf specially to be named to the said I: L: by Writing under the hand and Seale of the said R. before the end of nine years next following (or in default of any such child) such other person as the said R. by Writing signed with his Hand, and Sealed with his Seale at any time within ten years next ensuing the date of [Page 430] these presents shall in that behalf nominate and appoint to the said I. L. do or shall live to the end of the said 99. years and not otherwise yeelding, reserving and paying therefore yearly to the said I. L. his Executors and Assigns 6 l. of &c. in the Feasts &c. by even portions. And if it shall happen the said yearly rent of 6 l. or any part therof to be behind, and not paid by the space of 28. dayes next after any time of payment thereof, wherein the same ought to be paid as aforesaid (it being in the mean time lawfully asked at the dwelling house aforesaid and no sufficient distress in and upon the Premisses above Demised can be had and found overt [...] and quietly to be taken away & impounded, that then, and from thenceforth it shall or may be lawful to the said I: L: and his Heirs and Assigns, into all and singular the Premisses above Demised by these presents wholy to re-enter, and the same to haue again &c. and the said R: S: his Executors and Assigns, from thence to expel &c. any thing to the contrary &c. And the said R: S: for him, his Heirs Executors &c. Covenanteth &c. with the said I: L: his Executors &c. in manner &c. that is to say, That if the said R: do happen to decease before the said M: his wife, that then he shall leave lawfully assured to the said M: all and singular the above demised Premisses free from all Forfeitures, Charges and Incumbrances to be done by the said R. to the contrary only and solely to be had, enjoyed, and holden to the said M: and her Assignes, under the payment of the yearly rent aforesaid, and doing the reparation hereafter specified in these presents, by and during the natural life of the said M: if the said term of years shall so long endure.
And also that he the said R: and his Executors Administrators and Assigns, shall and will from time to time maintain, repaire, sustaine, keep and defend the said dwelling House, Barns, &c. and all other the Premisses, except before excepted, in and with all manner of reparations whatsoever in all things therunto at any time to be needful or necessary to make it Tenentable, and the same, and every of them, so well and sufficiently repaired at the end of the said term or sooner determination of this present Lease shall so leave and yeeld up. And the said I: L. Covenanteth &c. with the said R. S. &c. that when as the next Heir of the said I. L. late of H: deceased, shall have accomplished his full age of 21. years, that within one moneth next after such his comming to full age upon any reasonable request of the said R: his Executors or Assigns, he the said I: L: his Executors or Administrators shall cause and procure the same next Heir so farr as in him the same Heir shall be lawfully and reasonably to Demise, Grant and Assure, all and singular the said demised Premisses by these Presents, according to the true meaning hereof unto such of the said R. and M. now his wife, as then shall be living, or to such a child Male or Female to be begotten of the body of the said M. by the said R. as the said [Page 431] R: and M: or the Survivor of them, or the Executors of the said R. shall at any time during nine years from the date hereof, nominate and appoint in Writing under their, or any of their Hands and Seals, or in default of any such child unto such other person as the said R: and M: or the Survivor of them, or the Executors of the said R: by Writing Signed and Sealed with their, or any of their Hands, and with their Seales at any time within one year next after the said nine years ended shall in that behalf nominate and appoint to the said I: L: or his Executors or Assigns, to have and to hold the said Demised Premisses unto the said R: and M. the said child or other person aforesaid in Reversion or Remainder one after another, that is to say, first to the said R: then to the said M: and last to such child or other person aforesaid, according to the meaning hereof, and during all the said term of ninety nine years if the said R: and M: and such child or other person aforesaid to be nominated as aforesaid, or any of them do live so long and not otherwise reserving by such Demise and Grant for the Premisses yearly to be paid and done such yearly rent, and such Covenants, Grants and Agreements, as afore is specified in these presents to be contained, limited and set down in the said Lease, Demise, and Grant, so to be made in accomplishment of these presents, and according to the true meaning hereof, so alwaies as the said R. his Executors or Assigns, upon due notice first to them given of the Re-demise of the same Lease, Demise, Grant, and Assurance will take and receive the same at the now Mansion House of the said I: L. scituate in M. of L. In witness &c.
A Lease in Reversion, after the expiration, surrender, or forfeiture of another former Lease.
THis Indenture &c. Between &c. witnesseth, That the said I. N: in consideration &c. wherof and wherwith &c. hath demised &c. unto the said C. C. all that Messuage or Tenement, with Shops &c. to the same belonging, set in C. Street L. now in the Tenures and Occupations of one I. C. and E. his wife, which they hold by Indenture, dated &c. of the Demife and Grant of F. C. for 40. years beginning from the Feast of Saint Michael then last past (if the said I: C: and E: do so long live) To have and to hold the said Messuage or Tenement, with all Shops &c. unto the said C. C. his Executors Administrators and Assigns, from the end, expiration, or whatsoever surceasing or determination of the said Indenture of Lease, be it by surrender, forfeiture, or otherwise, which first and next ensuing the date of these presents, shall happen unto the end and term of 31. years, from thence [Page 432] next ensuing, and fully to be compleat and ended, yeilding and paying therfore yearly, during the said term of &c. unto the said I. N. his Heirs and Assigns 40 s. of &c. at four Feasts &c. or within fourteen daies &c. by even portions, the first payment therof beginning at such Feast of the said Feasts, which shall first and next after the death or decease of the said I: C: and E. happen, or within fourteen daies then next following And if it shall heppen the said yearly Rent of 40 s. to be behind and unpaid, in part or in all, over or after any Feast or Term of payment therof aforesaid, in which it ought to be paid by the space of two months, and lawfully asked, that then and from thenceforth it shall and may be lawfull, to and for the said I. N. his Heirs and Assigns, into all and singular the said demised Premisses, with the appurtenances, wholly to re-enter, and the same to have again &c. And the Tenant to expell &c.
And the said C. C. covenanteth &c: that he the said C. C. his Executors or Assigns, at his and their own proper costs and charges during the said 31: years, the said C: C. his Executors and Assigns, enjoying the said demised Premisses, at the said Messuage or Tenement, as well in tyling boording leading cleansing draughts ferming, as all manner paving lathing dawbing and lyming, necessary and needfull to the same demised Premisses, belonging or appertaining, as often and when as need shall be, or at the furthest within six months, next after warning given by the said I. N. his Heirs or Assigns, to the said C: C: his Executors or Assigns, shall repair sustain, keep and maintain, and in the end of the said term of 31. years, shall so leave and yeild up the same, (principall Timber only excepted) which principal the said I. N. for him, his Heirs Executors and Administrators, at his and their own proper costs and charges, covenanteth and granteth by these presents, to find prepare set up and finish in and upon the said demised Premisses upon request, during the said term of 31. years, as often as need shall be or require.
And the said I: N: covenanteth &c. in form &c. That he the said I. N. the day of the date hereof, and at the ensealing and delivery of these presents, is very true sole and lawfull Owner of the said Messuage or Tenement, and of all and singular other the Premisses, with their appurtenances, above by these presents demised, and of every part and parcell therof, and is therof lawfully seised of a good and perfect Estate in Fee-simple, to the use of him the said I. and of his Heirs and Assigns for ever, without any manner of entail condition alteration or limitation of use: And by reason of such Estate, hath now good rightfull power and lawfull authority to demise and grant the said Messuage or Tenement, and all and singular other the Premisses above by these presents mentioned to be demised, for and during the said Term of 31. years, unto the said C: C. his Executors Administrators and Assigns. [Page 433] and that he the said I. N. his Heirs Exe [...]rs and Assigns, at his and their own proper costs and charges shall, during the said term of &c. pay and bear all chief and quit-rents growing due and to be paid and born out of and for all the said Messuage or Tenement, and all other the Premisses with the Appurt and of every part therof: And also that he the said C: C: his Executors Administ. and Assigns, at the end expiration surceasing, or other determination of the said Indenture of Lease above recited, shall and may lawfully peaceably and quietly enter into the said Messuage or Tenement, and all other the said Premisses, with their appurtenances, above by these presents mentioned to be demised, and into every part therof, and the same for the said yearly Rent of 40 s. shall and may from thenceforth, for and during the said term of 31. years, lawfully peaceably and quietly, have hold occupy and enjoy, without any manner of let trouble deniall interruption or eviction of the said I: N: his Heirs Executors Administrators or Assigns, or any of them, or of any other person or persons whatsoever.
And moreover that he the said J: N: his Heirs and Assigns, and every of them shall and will at all and every time and times hereafter, and from time to time, upon request, and at the costs and charges in the Law of the said C: C: his Executors Administrators and Assigns, and of every or any of them, acknowledge confesse make execute and do, or cause to be made &c. all and singular such further act and acts, devise and devises, assurance and assurances unto the said C. C. his Executors Administrators or Assigns, of and in the said Messuage &c. for the further more better and perfect assurance and sure making of the said Messuage or Tenement, with the appurtenances, unto the said C: C. his Executors Administrators and Assigns, for and during the said term of &c. as by the said C: his Executors Administrators or Assigns, or his or their Councell learned in the Laws of this Realm, shall be lawfully devised or aduised. In witness &c.
A Lease of a house in London, where part of the Rent is taken up by way of Fine, and where the house having been the Leassors place of occupying, the Leassees are bound to gather in certain the Lessors Debts.
THis Indenture &c. between A. H. of L. Widow, sole Executrix of the last Will and Testament of W. H. late Citizen and Salter of L. deceased, on the one party, and I. S. Citizen and Salter of L. on the other party, witnesseth, That for and in consideration of a Fine or Income 120 l. of &c. to be paid to the said A. her Executors Administrators [Page 434] or Assigns, at the [...]uage or Tenement hereunder by these presents demised by the said I: S: his Executors Administrators or Assigns, in manner and form following; That is to say, 20 l. therof yearly, during six years now next ensuing, in the Feasts of the Birth &c. the Annunciation &c. or within the space of 30. daies, next after every of the same Feasts, by even Portions every year, untill the said Summ of 120 l. shall be well and truly paid, the said A: H: hath demised &c. unto the said I: S: all that Messuage or Tenement, with the appurtenances called the Morions head, scituate in B: Street, in the Parish &c. and all and singular Rooms, void Grounds, and Buildings, with their appurtenances, to the said Messuage and Tenement belonging or appurtaining, which the said W: H: had, and the said A. now hath, or occupieth with the same, to have &c. to the said &c. from the Feast of St M. &c. last &c. for and during all the term of six years, from thence &c. yeilding and paying therfore yearly, during all the said term to the said A: her Executors Administrators or Assigns, at the said Tenement 4 l. of &c. in the Feasts of the Birth &c. the Annunciation &c. the Nativity &c. and St. M. &c. by even portions: And if it do happen either the said yearly Rent of 4 l. or any part therof, or the said yearly payment of the Fine and Income aforesaid, or any part therof, to be behind and not paid, within the space of 30. daies next ensuing, from the Feasts aforesaid, wherin the same or any part therof ought to be paid as is aforesaid, the same being lawfully asked at the said Messuage, that then and from thenceforth, this present Lease made and granted of the Premisses by these presents, shall clearly cease determine and become utterly void, any thing contained in these Indentures, to the contrary therof in any wise, notwithstanding.
And the said I. S. covenanteth &c. in form &c. that he the said I: S: his Executors Administrators and Assigns, at his and their own proper costs and charges, shall and will well and sufficiently repair, keep, maintain, and sustain, all and singular the Premisses, with all manner of Reparations, and the pavements therof, and in the Street before the same and all the Sieges Sincks Gutters and Widraughts therof, shall cause to be paved purged and emptied, as often as need shall be during the said term of 6 years; And so shall leave and yeild up all and singular the Premisses, into the hands and possession of the said A: H: or of her Executors Administrators or Assigns, in the end of the said term, if any of them will then accept and receive the same. And also that it shall and may be lawfull, to and for the said A. H: her Executors Administrators or Assigns, at all reasonable times and upon reasonable request to enter into the said Messuage and other the Premisses, to search and view the reputations therof. And that if upon such search and view therof, there shall be any part of the same which shall have need of amendment and warning then and there given or left by the [Page 435] said A. her Executors Administrators or Assigns, for the amendment therof, that then he the said I: S: his Executors Administrators or Assigns, at his or their own costs and charges, shall cause every part of the Premisses (according to the form of every such warning to be given or left as aforesaid) to be competently and sufficiently repaired within the space of three months, next after every such warning so therof to be given or left as aforesaid. And further, that the said I. S. his Executors Administrators or Assigns, shall and will yearly with the severall payments of the said yearly Rent of 4 l. content and pay, yearly during the said term of 6. years unto the said A. her Executors Administrators or Assigns, 46 s. of lawfull &c. by even and equall portions, for and towards the full discharge of all Quit-rents and Out-rents, during the said term, to be going or issuing out of the Premisses.
And the said A. covenanteth &c. That she the said A. her Executors and Administrators, at their own charges, shall and will save and keep harmless the said I. S. his Executors and Administrators and every of them, of and for all and singular Rents, Rent-charges, Quitrents and Annuities whatsoever, to be paid for or out of the said Messuage and other the Premisses, during the said term, except only the said Fine and Income, and the said yearly rent of 4l. and yearly payment of 46 s. abovesaid, reserved and payable to the said A: her Executors Administrators and Assigns, by virtue of these presents, and all Church duties whatsoever.
And further that he the said I: S: his Executors Administrators and Assigns, shall or lawfully may have hold occupy and enjoy the said Messuage and Tenement, with their appurtenances, and all and every other the Premisses, by and during all the said term of years, according to the true intent and meaning of these presents, without any let or interruption of the said A. her Executors Administrators or Assigns, and without any lawfull let molestation or interruption of any other person or persons. And wheras divers and sundry persons, do owe divers severall summs of money to be paid to the said A: or to her lawfull Attorney Executor or Administrator, which are expressed in a Schedule indented, annexed to these presents; And which the said I. S. hath agreed to take, gather, and receive, to the use of the said A: and her Executors, as he or they can or may lawfully obtain and get the same, or any part therof. The said J: S: covenanteth &c. That he the said J. S. his Executors Administrators and Assigns (so long as it shall please the said A: her Executors or Administrators, and the said term endureth) shall and will upon lawfull warrant from the said A. or her Executors, do their best diligence at the costs and charges in the Law of the said A. and of her Executors and Assigns, to gather and receive the said Debts mentioned in the said [Page 436] Schedule, to and for the use of the said A: and of her Executors and Administrators: And that the said J. his Executors Administrators and Assigns, upon reasonable request monthly, or at any time after the end of every month, shall and will truly account with the said A: her Executors and Administrators, of and for all the severall Receipts of the Debts aforesaid, from month to month by the said J: his Executors Administrators or Assigns, to be received, and shall and will within 30. daies next after his or their Receipt therof, upon reasonable request therfore to be made by the said A: her Executors Administrators or Assigns, as well content and pay to the said A: her Executors or Administrators, so many Summ and Summs of money, as the said J: S: his Executors or Assigns, shall have so received of the Debts aforesaid, and as then shall be remaining in their or any of their hands before not paid or satisfied to the said A, her certain Attorney Executor or Administrator; As also shall and will upon like request as aforesaid deliver to the said A: her Executors or Administrators, a true note in writing, of what person and persons the Summ and Summs aforesaid, so were received by the said J: his Executors or Assigns, and at what time: In witness, &c.
A very good Lease of a Brew-house and Brewing-Vessells with very good Covenants, and a Covenant to stand to award if any Controversie rise between the parties upon any matter in the Lease.
THis Indenture, &c. Between I. S. Citizen, and Cloath-worker of L: and A. his Wife, late wife of W. C. Citizen and Haberdasher of L. deceased on the one party, and W. W of the Parish of Saint G. in S. &c. Brewer on the other party, witnesseth, that whereas one H. L. late of L. cloath-worker deceased. and also late Husband of the said A by his Testament and last Will in Writing bearing date, &c. did will that all his Brewhouse, wherein he did then inherit scituate and standing in the parish of Saint G. &c. with all brewing Leads, Vessells Utensills and necessaries, and the finall tenement in the tenure of D. S. and other the small tenements then and yet adjoyning and annexed to the said Brewhouse, should be and remain in the government and disposition of the said A. his wife untill the said H. his Son, should accomplish his full age of one and twenty years. And after in the same Testament and last Will, did devise the said Brewhouse and other the premisses to the said H. his Son, and to the heirs of his Body lawfully begotten, with divers Remainders over, to divers of his Children yet living; willing further, that if all his Children should decease without [Page 437] heirs of their bodies, that then the said A. his wife should have all the said Brew-house and other the premisses during her natural life the Remainder thereof to the right heirs of the said H. the Father for ever, as by the said Testament, &c.
Now the said I. S. and A. now his Wife for and in accomplishment of a certain order of award, made and taken by the Lord Major and Court of Aldermen of the said City of L: have demised, &c. unto the said W. W. his Executors and Assigns, the said Brew-house with all and singular the appurtenances, and all houses of offices store-houses, stables yards orchards gardens wharfs, and all other easements and commodities to the same Brew-house belonging or appertaining, or with the same occupied, with all and singular their appurtenances, and all Brewing vessells Utensills and implements contained in a schedule annexed to these presents, now in the occupation of the said W. W. and the said tenement, late in the occupation of the said D. S. and also the orchard belonging to the said premisses, and also one Wharf with the appurtenances, in the tenure or occupation of one W. V. to have and to hold, &c. to the said VV. from the Feast of Saint Michaell, &c. last past, &c. untill the said H. L. the Son shall accompl [...]sh his full age of one and twenty years, and if it shall fortune the said H. the Son, and other the children of the said H L. the Father at any time hereafter to decease without issue of any of their bodies, and the said A. then being in life, then to have and to hold the said Brew-house, &c. to the said W. W. &c. from the day of the decease of the said H. L. the Son and other the children of the said H. L. the Father without issue of any of their bodies, for and during all such further Estate and interest as the said A: hath or had, or hereafter shall have by force or virtue of the devise of her said husband by his last Will and Testament aforesaid, yeilding and paying therefore yearly to the said J. and A: for and during such of the said severall term and terms wherin the said W. W. his Executors or Assigns, shall have hold occupy or enjoy in possession the said Brewhouse, &c: by force and virtue of these presents, the summ of 130 l. of &c: in the Feast of the Annunciation, &c. The Nativity, &c. or within the space of eight and twenty daies next ensuing after every of the same Feasts yearly by even and equall portions and if it happen the said yearly Rent of 130 l. or any part thereof to be behind and unpaid by the space of eight and twenty dayes next after any of the Feasts aforesaid, and the same being in the mean time lawfully asked, That then it shall and may be lawfull, to and for the said I. and A. and their assigns into the said Brewhouse, and into all and every other the premisses, to enter, and there quietly to distrain and the distress and distresses there found, to take lead drive and carry away, and the same with them lawfully to detain and keep untill they shall be fully satisfied and paid the said yearly Rent with the arearages [Page 438] thereof, (if any be) and if it happen the said yearly Rent of 130 l. or any part thereof to be behind and unpaid by the space of six and fifty dayes next after any of the said feast dayes of payment thereof aforesaid, the same being lawfully asked as aforesaid, that then and at all times after it shall and may be lawfull to and for the said I: and A and their Assigns into the said Brewhouse with the Appurtenances, and all other the premisses to re-enter, and the same together with the said Utensils and brewing vessells, and all other implements in the said Schedule specified, to have again and repossess as in their former Estate: And the said W. W. to expell, &c. these presents, &c. And the said W. W, covenanteth to and with the said I and A their Executors and Administrators by these presents, that he the said W: W: his Executors Administrators or Assigns at their costs and charges, at all times convenient, from time to time from henceforth for and during the said term and terms wherein the said W: &c: shall have, &c: Ʋt in reddendum: shall and will, well and sufficiently keep maintain and sustain the said Brewhouse, and all the brewing vessells aforesaid, mentioned in the said Indented Schedule and all other the Premisses, in and with all manner of needfull Reparations, when and so often as need shall require. And the same Brewhouse and all the brewing vessells, Utensils and implements contained in the said Schedule to these Indentures annexed with all other the premisses so well and sufficiently repaired kept and maintained in all things in the end of the first term above mentioned or any sooner determination thereof, shall leave and yeild up, and the said W. VV. covenanteth, &c. that without the let trouble or interruption of the said W. W: his Executors Administrators os Assigns or any of them, so as he or they be reasonably requested thereunto by the said I. or A. or their Assigns, it shall and may be lawfull to and for the said I. and A. and either of them and their Assignes, and the Assigns of any of them, with the number of three persons or under, with them or any of them at two severall times of every year at their pleasures, at any time between eight of the clock in the morning, and four of the clock in the afternoon, to enter into the said Brewhouse and Tenements aforesaid, and all other the Premisses and into every part of the same, there to view and search how the same and also the said Implements and utensills been repaired and kept. And that if upon such view and search, any lack of Reparations shall be found in the premisses or in any part of them or any of them which shall have need of amendment and admonition then there openly given and left in Writing by the said I or A. or their Assigns for the amendment thereof, that then he the said W. W. his Executors or Assigns at his or their, or some of their own charges within six months next after every such admonition, shall and will sufficiently repair and amend every such lack so found, and wherein warning shall be [Page 439] given, as aforesaid. And also that if it do fortune the said VV. his Executors Administrators or Assigns upon such admonition at any time so to be given as is aforesaid, do not sufficiently repair and amend every such lack of Reparation, in or upon the premisses or any part thereof to be found and admonished as is aforesaid, within the said space of six months before expressed, that then the said I and A. his wife or their Assigns at the end of the said six months, before expressed or at any time after shall give advertisement of all such Defaults as then shall remain of the said Reparations to the VVardens of the company of Cloath-workers of the city of L. and to the VVardens of the Company of Brewers of the same City for the time being, and that thereupon it shall be lawfull to the said VVardens or to any four of them whereof two to be Cloathworkers, and the other two to be Brewers, to appoint viewers at their discretion, to view and search the said Reparations, which the said I. or A. or their Assigns from time to time so often as any such shall be to them given, and the said parties for them their Executors and Administrators do further accord and agree by these presents, that the said Wardens or such four of them as aforesaid, shall have power and authority to appoint such viewers as aforesaid, and that the Viewers by them from time to time by them to be appointed, shall have authority by these presents to judge and determine of the said defects according to the tenor and true meaning of these presents.
And the said W. W. covenanteth &c: That he the said W. his Executo. and Admin. so often as any such advertisement, be given shall upon like request to be made as is aforesaid, shal peaceably & quietly permit and suffer the said viewers, together with the said I & A. and their assigns, or any of them, to enter into the said Brewhouse and other the premises, and there by the shewing or Demonstration of the said I. or A. or of their assigns, or o [...] the assigns of any of them, to take and have plain and full view and survey of all such lacks of the said Reparations left unrepaired upon the said former admonition given by the said I. or A. or their assigns, or the assigns of any of them: To the intent that the same viewers from time to time so to be sent as aforesaid, by the said Wardens or such four of them as aforesaid, may leave behind them plainly expressed in writing, what further Reparations shall then in their consciences and ind [...]fferent Judgments be thought needfull to be done upon the premisses or any part thereof, and that then if within the space of other six months, next after every such admonition last above mentioned to be given by such viewers aforesaid in form aforesaid, all such reparations whereof they shall so give admonition shall not be done and finished accordingly. That then a Re-entry, &c. and an expulsion of the Tenant, any thing &c. And the said J. & A. for themselves their Executors and Administrators do covenant, &c. [Page 440] in forme, &c. That the said I. S. and A. their Executors and Administrators at their own proper costs and charges, shall from time to time, and at all times wel and sufficiently discharge save or keep harmelesse as well the said W. his Executors, Administrators and Assignes, as also the said Brewhouse and all other the premisses by these presents mentioned to be demised with all and singular their appurtenances, and every part and parcell thereof, of and from all and singular former Grants, Burgains, Sales, Leases, Charges and incumbrances whatsoever, had, made, granted, done or knowledged by the said I. or A: or by any other by their or any of their assent in any wise. And also shall save harmeless the said W W: his Executors and Administrators and the said Brew-house, &c. of and from all and all manner of qu [...]t-rents, Annuities and Rents, charges whatsoever, issuing or going out or to be issuing or going out of the same or any part thereof, other then only the said yearly Rent of 130 l. reserved by these presents yearly to be paid for the said Brewhouse and other the premisses. And further that the said I. and A their Executors and Administrators shall and will from time to time, & at all times save harmless the said W W: Sonne his Executors Administrators and Assignes, and against said H L: the Sonne his Executors Administrators and Assignes, and against all other the children of the said H L. the Father of and for the said yearly Rent of 130 l. and of every part and parcell thereof to be received by the said I: or A: their Executors Administrators or Assignes. And that upon every payment made of the said yearly Rent, or any part thereof, to the said I or A their Executors or Assignes by the said W W. his Executors or Assignes according to the tenor and true meaning of these presents: The said I or A their Executors or Assignes shall and will subscribe to such a reasonable Writing, or Acquittance as the said W: his Executors, or Administrators shall reasonably require, testifying and declaring the receipt of the said payment. And moreover that he the said W. his Executors and Assignes, by and under the payment of the said yearly Rent of 130 l. in manner and forme aforesaid, and by and under the performance of al and singular the Covenants and Articles in these presents contained on his and their part to be performed, accord [...]ng to the tenor and true meaning of these Indentures shall or lawfully may have, hold, and enjoy the said Brew-house and the said Tenements, with all and singular their appurtenances, and also all the Brewing vessels expressed and mentioned in the said Schedule hereunto annexed, and all and every other the premisses with the appurtenances, and every part and parcell thereof, untill the said H L. the Sonne shall accomplish his full age of 21 years. And in case the said second demised interest into the said Brew-house and Tenement, shall accrue to the said A: by the said Will and Testament, then the said W W. his Executors or [Page 441] Assignes, shall and may likewise have, hold and enjoy the said Brew-house and Tenements and every of them, without any lawfull lett, interruption, or eviction of the said I or A. or of their Assignes or any other person or persons, having, or which shall have or claime any estate, right title or interest of either of them in any wise. And furthermore it is Covenanted, granted, concluded, condescended and fully agreed by and between the said parties to these presents. And every of the said parties for themselves, their Executors and Assignes do by these presents Covenant, grant, conclude, condescend and agree, to and with the other of them, their Executors and Administrators: That if it shall fortune at any time hereafter any manner of strife, variance or contention to arise betwixt the said parties, there or any of their Executors, Administrators or Assignes, or any of them of, for, or upon any matter, cause or thing specified or mentioned in the Indentures, or for or upon any matter or thing to arise or grow thereof (other then for non-payment of the said yearely Rent of 130 l.) That then the said parties and every of them, before any Suit in Law be taken, commenced, or prosecuted by them or any of them, of, for, and upon any Article, clause, or agreement in these presents declared; as is aforesaid, shall first therein from time to time stand to abide, obey and performe, all and every such decree, order and Judgement, Decrees, Orders and Judgements as from time to time, and at any time shal be made and given up by the said Wardens of the company of Clothworkers of the said City of London, and the Wardens of the Company of Brewers of the same City for the time being, or by any foure of them, so as two be Clothworkers, and the other two Brewers, and so as the said Wardens or such foure of them as aforesaid, from time to time, upon any complaint to them made by the said parties, or by any of them, do make and publish their Decree, order and Judgment in the premisses within the space of two moneths next after such complaint to them made. And if the said Wardens in forme and time aforesaid make no Order or Decree as is aforesaid. Then they or either of them at their pleasures, shall and may take their remedy by Law against one another, any thing in these presents to the contrary notwithstanding. In Witnesse. &c.
A Lease of a House in the Countrey in Reversion with Covenant to pay Herriots.
THis Indenture, &c. Between H: H: of H in the County of S: Gent: and E his Wife of the one party, and W W: of M in the said County Husbandman of the other partie, Witnesseth that whereas [Page 442] the said H and E together with one T H: Father of the said H: deceased for a certaine summe of money to them by the said W W: Recitall of the former Lease. before hand paid by their Indenture bearing date, &c: did demise, grant, set, and to farme let unto the said W W all that their Messuage or Tenement with all edifices and buildings thereunto belonging together with all Lands, Meadows, Leasowes and Pastures, Commons of Pasture, Commodities and feedings to the said Messuage or Tenement belonging or appertaining with all and singular their appurtenances, Scituate, lying and being in the Town and fields of M. aforesaid in the County aforesaid, and then in the tenure and occupation of the said W W. To have and to hold the said Messuage or Tenement, Lands, Meadows, Leasowes, Pastures, Commons, Commodities & feedings, and all other the premisses with their appurtenances unto the said W W: his Executors and Assignes, from the Feast of the purification &c. last past before the Date of the said Indenture, unto the full end and terme of 24 years from thenceforth next and immediatly ensuing fully to be compleat and ended, yielding and paying therefore yearely during the said terme to the said H H: and E his wife or to one of them, or to their Heirs 20 s: of lawfull mony of, &c. as in the said Indenture is contained at large: And Demise in Reversion. now the said H: H: and E his wife of one assent and consent for and in consideration of the summe of 20 l: of currant money, &c: to the said H and E: by the said W W: before and at the ensealing hereof, well and truly contented and paid for and in the name of a Fine whereof the said H and E and either of them do knowledge themselves to be fully satisfied and paid, And the said W. W. his Executors, Administrators and Assignes thereof to be acquitted, exonerated and discharged by these presents: Have demised, granted, set, and to farme lett, And by these presents, &c: unto the said W W: all the foresaid Messuage or Tenement edifices, buildings, with all Lands, Meadows, Leasowes Commons of Pasture to the said Messuage or tenement belonging, with all other the premisses and their appurtenances, Scituate, lying and being in the Town and fields of M aforesaid in the said County, in as large and ample manner as the said W W: heretofore hath occupied the same. To have hold occupie, Habend. and enjoy the said Messuage or tenement, Lands, Meadows, Leasowes, Pastures, Commons, Commodities and all other the premisses and every part thereof with the appurtenances to the said W W. his Executors or Assignes from the end and expiration of the foresaid Indenture, that is to wit, from the Feast of the Purification, &c: which shall be in the yeare of our Lord God, one thousand &c. unto the full end and terme of 21 years then next ensuing, to be fully Reddend: compleated and ended: Yeilding and paying yearly therefore during the said terme to the said H H. and E. his wife, or to any of them, [Page 443] their Heirs or Assignes, the summe of 23 s. of &c. at two feasts in the yeare usuall, that is to say, at the Feasts of the Annunciation, &c: and Saint Michaell, &c. by even portions. And if it happen the said yearly Rent of 23 s. to be behind and unpaid in part or in all by the space of one Moneth, after either of the said payable Feasts wherein it ought to be paid being lawfully demanded, And by all that time no sufficient distresse can be found upon the premisses, then For repossession upon non-payment. it shall be lawfull for the said H and E. or their Heirs into the said Messuage or Tenement, Lands, Meadows, Leasowes, Pastures, and all other the premisses with the appurtenances to re-enter and the same to repossesse and have againe as in their former estate, And the said W W. his Executors and Assignes, and all other Occupiers of the same to avoid, expell, and put out. These Indentures, or any thing therein Covenant for reparation. contained to the contrary, notwithstanding. And the said W W. doth Covenant and grant for him his Executors and Assignes, to and with the said H H. and E. his wife the said Messuage or Tenement and all edifices and buildings to the same belonging sufficiently to repaire, maintaine and susteine▪ together with all Hedges and Ditches, in and about the said Lands during all the said terme upon his owne proper costs and charges. And at the end of the said terme the said buildings, hedges and Ditches sufficiently repaired, shall yield and give up: And also the said VV VV. his Executors or Assignes shall And repaired to yield up. pay to the said H and E or their Heirs, at the death of every person dying tenant, in and upon the premisses during the said terme, his or their best beast in the name of an Herriot. And also the said VV: To pay the Herriot at the death of any Tenant. VV: doth covenant and grant to and with the said H and E. that he the said VV VV. shall not at any time hereafter during the said terme bargaine. sell, or assigne his interest or terme of years of in and to Leasee not to sell his interest without Licence the said Messuage and other the premisses with the appurtenances to any person or persons, other then to his wife or to one of his Sonns without the speciall Licence of the said H. and E. his wife or their Tenant to pay quit-rents. Heirs upon paine of forfeiting his or their estate. And that the said VV VV. his Executors or Assignes during all the said terme, shall yearly pay all chief Rents, and all other services due or to be due to any person or persons out of the said Messuage or Tenement, and other the premisses. Moreover the said H H. and E. his wife do Tenant to have house-boot, and fire-boot, &c. covenant and grant for them and their Heirs, to and with the said VV VV. his Executors or Assignes. That it shall be lawfull to the said VV VV. his Executors or Assignes, during all the said terme to have, take, hew and carry away sufficient House-boot, Hey-boot, Fire-boot and Plough-boot, in and upon the premisses, growing or being, doing no wilfull wast. Provided alwayes that the said VV VV. Condition for not cutting or topping the Oaks. his Executors or Assignes shall not fall, nor hew any Oake by the But nor cut of the top of any Oake growing in Sage lee, during the [Page 444] said terme without the consent and Licence of the the said H and E. And also the said VV. VV. doth covenant and grant. That his Sonne to whom he shall assigne the premisses with this Indenture shall not assigne his interest in and to the premisses to any person or persons but to his wife as long as shee remaineth Widdow, without the consent and licence of the said H and E. and their Heirs, upon paine of forfeiting their estate: And the said H and E. do Covenant and grant for them and their Heirs, to and with the said VV VV. his Executors Covenant for enjoyance. and Assignes: That the said VV VV. his Executors and Assignes during all the said terme, shall peaceably and quietly, have hold, occupy and enjoy the said Messuage or Tenement, Lands, Meadowes, Leasowes and Pastures, with all and singular their appurtenances, in manner and forme above written without lett, interruption or againsaying of the said H and E. his Wife or their Heirs or of any other person or persons claiming in their name or names interest or behalfe: In VVitnesse, &c.
H H: bound to VV W. in 50 l. for performance of Covenants.
W: W. by his will, dated &c. after divers Legacies concludeth and finisheth thus, viz. The residue of all my Goods, Chattels, Debts and Leases unbequeathed, my Debts paid, and Funerall discharged, I give wholly unto the foresaid I. W. of W. in the Parish of B: whom I make my full and whole Executors In Witnesse, &c.
MORTGAGES.
A Good Mortgage.
THis Indenture made &c. Between G: F: of L. Son of G. W. late of B. in the County of K. Gent. deceased, of the one party, and J: C: C: & F. of L. aforesaid, of the other party, witnesseth, That the said G. F. for and in consideration of the Sum of &c. of lawfull money of England to him paid, at the ensealing and delivery of these presents, by the said J. C. wherof and wherwith he the said G. F. doth acknowledge and confesse himself to be fully satisfied, and therof, and of every part and parcell therof, doth clearly acquit and discharge the said J. C. his Heirs Executors and Administrators, and every of them by these presents, hath aliened granted bargained sold conveyed assured and confirmed, and by these presents doth fully clearly and absolutely alien grant bargain sell convey assure and confirm unto the said J. C. his Heirs and Assigns for ever, all those five Messuages or Tenements, with all the Cellars Shops Sollers Entries Houses Stables Buildings Chambers Rooms Yards Back-sides Gardens Grounds Lights Easements Profits Commodities Hereditaments and Appurtenances whatsoever, to the same belonging or appertaining, or to or with the same usually occupyed used demised or enjoyed, now or late in the severall Tenures Possessions or Occupations of J. C: R, P. W▪ C. and R. W. their Assignee or Assigns, scituate lying and being &c. which said 5. Messuages or Tenements, were late but 3. Messuages or Tenements, and were sometime in the severall Tenures Possessions or Occupations of M. M. deceased, the said R. P. and J. C. their Assignees, or under-Tenants: And all and singular other the Messuages Gardens Lands Tenements and Hereditaments whatsoever, wherof or wherin the said G. F. hath any Estate of Inheritance [Page 446] or Free-hold, scituate lying and being in the said Parish &c. And the Reversion and Reversions, Remainder and Remainders, of all and singular the before mentioned bargained Premisses, and every part and parcell therof: And also all and all manner of Rents Duties Services and Profits reserved or payable, for or in respect of every or any of the said bargained Premisses. And also all the Right Estate Title Interest Possession use Claim and Demand whatsoever, which he the said G. F. now hath, may might should or ought to have, of in to or out of the Premisses before bargained and sold, or of in to or out of any part or parcell therof. And also all and singular Deeds Evidences Charters Writings Fines Escripts and Minuments, touching or concerning the said bargained Premisses, or any part or parcell therof, to have and to hold the said Messuages or Tenements, and all and singular other the premisses before by these presents granted, or meant mentioned or intended to be granted bargained sold and confirmed, with their and every of their appurtenances, unto the said J. C. his heirs and assigns for ever, to the only proper use and behoof of him the said J. C. and of his heirs and assigns for ever.
Provided alwaies nevertheless, and upon this Condition, That if the said G: F. his heirs executors administrators or assigns, or any of them, do and shall well and truly pay, or cause to be paid unto the said J. C. his heirs or assigns, or to any of them, at or in the now dwelling house of the said J. C. scituate and being &c: the severall Summs of lawfull money of England, hereafter in these presents mentioned, at the daies and times here limited and appointed, that is to say &c. without fraud covin or further delay, that then and from thenceforth this present Indenture of bargain and Sale, shall cease determine and be utterly void and of none effect, to all intents constructions and purposes: And that then also it shall and may be lawfull for the said G. F. his Heirs and Assigns, into and upon all and singular the said bargained premisses, and every part and parcell therof, wholy to re-enter, and the same to have again, retain, and repossess, as in his and their former Estate, any thing in these presents contained, to the contrary therof in any wise notwithstanding.
And the said G. F. for himself his Heirs Executors and Administrators, and for every of them doth by these presents, covenant and grant, to and with the said J. C. his Heirs and Assigns, and every of them in manner and form following; That is to say, That he the said G. F. his Heirs Executors Administrators or Assigns, shall and will well and truly pay, or cause to be paid to the said J. C. his Heirs or Assigns, all the aforesaid severall Summs of money in the said Proviso mentioned, at the daies and times in the said Provisoes limited and expressed, without fraud or delay. And also that the said G. F. at the enfealing and delivery of these presents, is and untill a good and [Page 447] perfect Estate shall be made and executed, of the said Premises unto the said I. C. and his Heirs as aforesaid, shall continue and be feised of all and singular the before mentioned bargained premises, and every part therof, of a good lawfull perfect absolute sole and indefeasible Estate in Fee-simple (without any other precedent Estate) to his own proper use and behoof, without any condition mortgage limitation of use or uses, or other thing, to alter change determine or incumber the same, or any part therof: And also that the said G: F: at the ensealing and delivery of these presents, hath, and untill all and singular the premises shall be well and sufficiently had, made, assured, and executed to the said I. C. his Heirs and Assigns, as is aforesaid, shall have any right, full power, and lawfull authority, to alien grant bargain sell convey assure and confirm, all and singular the said recited Premisses, with their appurtenances, and every part and parcell therof, unto the said I. C. his Heirs and Assigns, according to the true intent and meaning of these presents.
And also that the said G. F. hath not made any former Estate, Grant, Charge, or Incumbrance, of in or out of the said premisses, or any part therof, other then such as hereafter are mentioned to be excepted.
And further that the said Messuages or Tenements, and all and singular the before mentioned bargained premisses, with their and every of their appurtenances, shall remain and continue unto the said J. C. his Heirs and Assigns, under and upon the Condition or Proviso aforesaid, free and cleer, and freely and clearly acquitted exonerated & discharged by him the said G. F. his Heirs Exec [...]tor Admin. or some of them, of and from all and all manner of former or other Bargains Sales Gifts Grants Leases Joyntures Dowers Intails Estates Uses Wills Limitations of use, Statutes Recognizances Judgments Executions Seisures Titles Troubles Charges Incumbrances Claims or Demands whatsoever, had made committed done or suffered by him the said G. F. or by any other person or persons whatsoever, except a Rent of 50 l. per a n. and granted to E. W. and his Heirs, by Indenture bearing date &c. mentioned to be made &c. And also except one Lease by Indenture dated &c. from the said G. F. to the said J. C. of all the said Messuages or Tenements, and other the before mentioned bargained premisses, for the term of &c. wherupon it is to be paid &c.
And the said G. F. for him &c. doth by these presents further covenant and grant, to and with the said J. C. That the aforesaid Annuity or yearly Rent of &c. before in the said Indenture, dated &c. hath been duly paid, according to the tenor of the said Indenture, untill the day of the date of these presents. And also that the same Annuity or yearly Rent of &c. shall be hereafter well and truly paid, or cause to be paid, at the daies and times in the said Indentures mentioned and [Page 448] expressed, according to the true intent and meaning of the same Indenture, untill &c.
And also that the said bargained premisses, at the ensealing and delivery of these presents, are, and so for ever hereafter, under or upon the Proviso or Condition aforesaid, shall continue and be to the said J. C. &c. for ever, of the full and clear yearly value of &c. over and above all Charges and Reprises whatsoever.
And further that the said G. F. his Heirs and Assigns, and all and every other person and persons whatsoever, having and claiming, or which ought to have or shall claim, or pretend to have any manner of Estate Right Title Interest Use Possession Interest claim or Demand, of in, to, or out of the said bargained premisses, or any part or parcell therof (except as is before excepted) shall and will at all times and from time to time, during the term of &c. at the costs and charges in the Law of the said G. F. &c. before the breach of the Proviso or Condition aforesaid, and after breach therof, at the proper costs and charges in the Law of the said J. C. his &c. shall and will well and truly do make execute and suffer, all such further lawfull and reasonable act and acts, thing and things, Deeds Devises and Assurances in the Law whatsoever, for the further better more clear and perfect assuring surety sure making and conveying, having holding and enjoying of all and singular the before mentioned bargained premisses, and every part and parcell therof, with their and every of their and every of their appurtenances, unto the said J, C. &c. to the only proper use and behoof of him the said J. C. &c. be it by Deed or Deeds, enrolled or not enrolled, Enrolements of these presents, Fine Feoffment Recovery with Voucher or Vouchers over Release and confirmation with Warranty or without Warranty, and by all and every or any or so many of the said waies, or means, or by any other waies or means whatsoever, as by the said J. C. &c. shal be reasonably devised advised or required. And also that if at any time hereafter default of payment of the said severall Summs of lawfull money of England,, or any of them, or any part or parcell of them, shall fortune to be made at any of the daies and times before limited for payment therof, that then and in every such case the said I. C. &c. shall and lawfully may for ever, well and in peace, have hold occupy possess enjoy and keep all the said bargained Premisses, and every part and parcell therof, with their appurtenances, and the Rents Issues and Profits therof, and of every part and parcell therof, receive and take, to and for his and there own proper use and behoof (except before excepted) without the let trouble eviction expulsion disturbance claim or demand of the said G. F. &c. And it is by these presents concluded and agreed by and between all the said parties to these presents, that all and every Fine and Fines, Recoveries Feoffments Conveyances and [Page 449] Assurances whatsoever, that shall hereafter be had made done levied knowledged executed or suffered by the said G. F. &c. unto the said I. C: or to any other person or persons, of the aforesaid bargained premisses, or any part or parcell therof, shall be and enure, and shall for ever hereafter be deemed expounded construed adjudged reputed and taken to be and enure, to the use and behoof of the said I. C. his Heirs and Assigns, according to the tenor intention and meaning of these presents: And the said I. C. for himself &c. doth by these presents covenant and grant to and with the said G: F: W: &c. That it shall and may be lawfull to and for the said G. F. W. his Heirs &c: as well to have and enjoy all and singular the before mentioned bargained Premisses, as also to take and receive all the Rents Issues and Profits of the same, untill default of payment of the said severall Summs before mentioned, or any of them, or any part or parcell of them, shall be made in part or in all, at any of the daies and times before limited for payment therof, without the let trouble eviction expulsion disturbance or interruption of the said I. C. his Heirs or Assigns, or any of them, and without any account therof, or for any part therof to be had or made to the said I. C. his Heirs or Assigns. And wheras the said G. F. at the ensealing and delivery of these presents, hath delivered to the said I. C. certain Deeds Evidences Fines and Writings, which he hath concerning the said bargained Premisses, containing in all &c. he the said I. C. for him &c. doth by these presents further covenant and grant to and with the said G. F. W. his Heirs and Assigns, and every of them, that if the said G. F. W. Heirs Executors &c. do or shall well and truly pay or cause to be paid to the said I. C. his Heirs or Assigns, all the severall Summ and Summs of money in the said Proviso mentioned, at the daies and times therin limited for payment of the same as aforesaid, that then he the said I. C. his &c. shall deliver or cause to be delivered unto the said G. F. W. his Heirs or Assigns, all and every the Deeds Evidences Fines and Writings being mentioned whole safe uncancelled and undefaced, and in as good plight as the said J: C. received the same from the said G. F: W: as aforesaid. And lastly the said G: F: W: &c. doth by these presents further covenant and grant to and with the said I: C: &c. that if default of payment shall be made of any of the Summ or Summs of money, in the said Proviso mentioned, or any part therof, at any of the daies or times therin limited for payment therof, that then he the said G: F: W: his Heirs or Assigns, shall deliver or cause to be delivered unto the said I: C: his Heirs or Assigns, all and singular other Deeds Evidences Fines and Writings concerning the Premisses, which he the said G: F: W: now hath, or may lawfully come by without Suit in Law: In witness, &c.
A Release upon a Mortgage forfeited, and a further day given.
THis Indent. made, &c. between G: F: Citizen and Grocer of L. of the one part, and T. M. of L. Gent. and H. G. of H. in the County of H. Gent. of the other part witnesseth, That the said G. F. W. for and in consideration of the summ of &c. to him the said G: F: W. in hand paid at or before the Sealing and Delivery of the said T: M: the receit wherof the said G: F. doth hereby acknowledge and confess, and therof, and of every part therof doth acquit, exonerate, release and discharge the said T. M. his Heirs Executors and Administrators, and every of them for ever by these presents, hath Granted, Remised, Released, Quit-claimed and Confirmed, and by these presents doth for him and his Heirs for ever, Grant, Remise, Release, Quit-claime, and Confirm unto the said T. M. and H. S. in their full, quiet, and peaceable Possession and Seisin being, and unto their Heirs and Assigns for ever, all the estate, right, title, interest, use possession, reversion, conditions, limitation and limitations, of estate or estates, and all manner of benefit and advantage, wherof and all and all manner of Claim and Demand whatsoever, which he the said G. F. hath, may, can might, should, or of right ought to have or claim in Law or Equity, of in, or to all those five Messuages or Tenements, with all the Cellers, Shops, Sollors, Entrys, Houses, Stables, Buildings, Chambers, Rooms, Yards, Back-sides, Gardens, Grounds, Lights, Easements, Profits, Commodities, Hereditaments and Appurtenances whatsoever to the same belonging or appurtaining, or to, or with the same usually occupied, demised or enjoyed, now, or late in the several tenures, possessions or occupations of I. C. R. P: W. C. and R. W. their Assignee, or Assignees, scituate lying and being in the Parish of St. C. in the County of M. which said five Messuages or Tenements, were late but three Messuages then the several tenures, possessions or occupations of M. M. deceased, the said R: P. and J. C. (their Assigns, or undertenants; and also of, in, or to all and singular the Messuages, Lands and Hereditaments whatsoever, scituate in the said Parish of St. C. and which are mentioned to be bargained and sould by the said G: F: unto the said I: C: Citizen of L. his Heirs and Assigns, in and by one Indenture of Grant, Bargain and Sale, bearing date &c. and made between the said G: F: of the one part, and the said I: C. of the other part and enrolled in his Majesties High Court of Chancery, so that neither he the said G. of W: nor his Heirs or Assigns, or any other person or persons, for him or them, or in his or their name, hath, or hereafter may have any right, title, interest, claim and demand, in or to the Premisses [Page 451] or any part therof; but that he the said G: F: W: and his Heirs, shall be from all right, title, interest, claim and demand, in or to the Premisses, or any parcel therof utterly and wholly excluded, and for ever debarred by these presents.
And further witnesseth by these presents, that the said G. F. W. and his Heirs shall and will warrant, and for ever defend the premisses, and every of them unto the said T: M: and H. S. and their Heirs against the said G. F. and his Heirs, and against all and every person and persons lawfully having or claiming, or which may hereafter lawfully have or claim or demand the Premisses, or any part therof, or any right, title▪ interest, claim or demand into the Premisses, or into, or out of any parcel of the the same, from, by, or under the said G F. W. his Heirs or Assigns, and against the Heirs and Assigns, of E: W: deceased, late eldest brother of the said G: F: W: & the said G. F. W. for him, his Heirs, Executors and Administrators, doth covenant and grant to and with the said T. M. and H. G: their Heirs and Assigns, in manner and form following (that is to say) that the Premisses, with their Appurtenances shall for ever hereafter remain and continue unto the said T. M. and H G. their Heirs and Assigns, to the use and behoof of them and their Heirs, free and clear, and freely and clearly acquitted, exonerated and discharged or otherwise well and sufficiently saved and kept harmless, of, from, for and concerning all, and all manner of former bargains, sales, gifts, grants, leases, estates, mortgages, dowers, joyntures, uses, wills, entails, issues, seisures, amerciaments, rentseck, rentcharge and arrerages of rent, limitation of uses, Statutes Merchant, and of the Staple Iudgments, Recognizances, Extents, Executions, Intrusions, Titles, Troubles, Charges, Incumbrances, Claim and Demand whatsoever, had, made, committed, done or suffered by him the said G. F. W. or by any other person or persons whatsoever, lawfully claiming, by, from, or under him his Heirs or Assigns.
And further, That the said T: M: and H: G: their Heirs and Assigns and every of them, shall and may from time to times and at all times hereafter lawfully, quietly and peaceably, have, hold, occupy, possess and enjoy the Premisses, with their Appurtenances, and every part and parcel therof without the let, denial, disturbance, expulsion or eviction of him the said G. F: W: his Heirs or Assigns, or of any other person or persons, lawfully claiming or deriving, or which shall or may lawfully claim or derive any estate, right, title or interest, by, from or under him the said G: F. W: his Heirs or Assigns, or in, by, from, or under the said E: W. deceased, the said eldest brother of the said G. F. W.
And further, That he the said G: F: W: and S. his wife, and the Heirs and Assigns of the said G: F: W: and all and every other person [Page 452] and persons which now have, or which at any time after shall or may have any lawfull estate, right, title or interest, of, in, or to the Premises, or unto any part or parcel therof, by, from or under the said G. F. W: his Heirs or Assigns, or, by, from, or under the said E: W: the said eldest brother of G: F: W: shall all and will from time to time, and at all times herafter during the terme of seven years now next ensuing the date hereof upon reasonable request to be made by the said T: M, and H: G: their Heirs and Assigns, or any of them in that behalf, and at his and their proper costs and charges in the Law, do make, suffer, acknowledge and execute all and every such other and further lawful and reasonable act and acts, thing and things, devise and devises in the Law whatsoever, for the better Assurance, Surety, sure Making, Conveying, and Assuring of the Premisses, and every part therof, unto the said T: M: and H. G: their Heirs and Assigns, to the use and behoof of them, and of their heirs and assigns for ever, as by his and their Councel in the Law shall be reasonably devised or advised and required.
Provided alwayes nevertheless and upon condition, that if he the said G. F, W: his Heirs Executors and Administrators, or any of them, do and shall well and truly pay, and cause to be we well and truly paid unto the said T. M. and H. G, their Heirs Executors or Assigns at the now dwelling House of the said H: G. scituate in F: &c. the several summs of lawful money of England hereafter in these presents mentitioned and expressed at the dayes and times hereby limited and appointed in manner and form following, that is to say, the sum of &c. without fraud, covin or further delay, that then the said T: M: and and H: G: for them their Heirs Executors and Administrators, do Covenant and Grant to and with the said G: F: W: his Heirs and Assigns, that they the said T. M. and H, G. and the Survivors of them, and his and their Heirs shall, and will upon reasonable request to be made by the said G: F: W. his Heirs or Assigns, and at his and their proper costs and charges, within forty dayes next after such full payment of the said several summs of money in manner and form aforesaid sufficiently convey and assure the Premisses, and every part therof unto the said G. F. W. his Heirs and Assigns, for ever, or to such other person or persons, as he the said E: F: W: his Heirs or Assigns, shall by his or their Writing under his or their Hand and Seal, direct, limit or appoint, freed and cleared, of, and for all estates, charges and Incumbrances whatsoever, had made, done, committed, suffered, or executed to them, or either of them, their, or either of their Heirs or Assigns, and the said G. F. W. for him his Heirs Executors and Admininistrators, doth Covenant and Grant to and with the said T: M: and and H: G: their Heirs Executors and Assigns, that he the said G: F: W: shall and will, well and truly pay, or cause to be paid to the said T: M: [Page 453] and H: G: their Heirs Executors or Assigns, the several summs of money in the said Proviso and Condition mentioned at the severall dayes and times in the said Proviso limitted and appointed.
And lastly, It is Covenanted, Granted, Condescended, Concluded and Agreed upon, by and between the said parties to these present Indentures, that it shall and may be lawful to and for the said G: F: W: his Heirs and Assigns, to have, take, and receive, all and singular the rents, issues and profits of the Premisses, to his or their own proper use and behoof until default of payment of the said several summs of money before mentioned, or any of them, or any part or parcel of them in part, or in all at any of the said dayes and times before limited for payment therof without the let, trouble, denial eviction, interruption, or disturbance of the said T. M. and H. G. their Heirs or Assigns, and without any account therof, or for any part therof to be had or made to the said T: M: and H: G: or either of them, their, or either of their Heirs or Assigns; He the said G: F: VV. his Heirs and Assigns, paying and discharging in the mean time, as well the yearly rent charge of 50 l. issuing out of the Premisses and payable yearly unto the Heirs and Assigns of E: VV: late Citizen and Clothworker of L: deceased, as also all such Taxes, Rates, Payments and Duties whatsoever, which shall from time to time happen to be taxed, rated, imposed or otherwise become due and payable, for and in respect of the Premisses, or any part therof. In witness, &c.
Of a Demise of a Messuage, &c,
THis Indenture made, &c. Between I. F of the one part; and G. S. of the other part, witnesseth, That whereas the said G. S. by Deed indented under his hand and seal bearing date, &c. hath bargained sold demised granted, and to farm letten unto the said I. F. his Executors, &c. All that Messuage, &c. To have and to hold the messuage &c. from the date of the said Indenture for ninty nine yeares, under the yearly Rent of one Pepper corne, as by the said recited Indenture, relation being thereunto had, more at large appeareth.
Now this Indenture Witnesseth, that the said I, F. for divers good causes and considerations him thereunto moving, hath bargained sold betaken, and to farm letten, and by these presents, doth bargain sell betake, and to farm let unto the said G: S. his Executors Administrators and Assigns, the said Messuage, &c. and the Reversion and Reversions Rents Issues and profits of all and singular the said Messuages and premisses, and of every part and parcell thereof, to haue and to hold the said Messuage, &c, unto the said G. S. his Executors, &c. from the ensealing and [Page 454] delivery of these Presents, unto the end and terme of ninty nine yeares from thence next ensuing, and fully to be compleat and ended. Provided alwaies, and these presents are, upon this condition, nevertheless that if the said G. S. his heirs &c. do not or shall not from henceforth yearly, and from year to year, for and during the naturall lives of R F. and S. F. children of the said I: F: and the longer liver of them, well and truly pay or cause to be paid unto the said J: F: his Executors, such a summ or yearly Rent at such a place and dayes in every year by equall portions without any deduction allowance abatement or defalcation whatsoever, that then and from thenceforth this present Lease of the same premises, shall cease determine and be utterly void and of none effect to all intents and purposes as if these presents had never been made, and then and at any time afterwards it shall and may be lawful unto, and for the said J: F: his Executors, &c: to enter into, and upon the said messuages and premisses, or any part thereof in the name of the whole, and the same to have again retain and repossess as in his and their first and former Estate. and the said G: S: his Executors Administrators and Assigns, and all other occupiers of the Premisses there out and from thence utterly to expell put out and amove, this Indenture or any thing herein contained to the contrary thereof in any wise notwithstanding.
And the said G: S: &c: doth covenant with the said J: F: &c: that the said G: S: his heirs, &c: or some of them shall and will from time to time and at all times hereafter, during the naturall lives of the said R. F. and S. F. children of the said J. F and the life of the a longer liver of them well & truly pay or cause to be paid unto the said I. F. his Executors &c. the said annuall sum, or yearly payment of &c. at the place days and times above mentioned for payment thereof, and in manner and form aforesaid without making default of payment, of or in any one point thereof, and without any deduction allowance abatement or defalcation whatsoever, and that he the said G. S. his Executors; &c. shall from time to time and at all times during the naturall life and lives of the said R. F. and S. F. and the life of the longer liver of them, well and sufficiently repair uphold support sustain and maintain and keep the said messuage &c. in by and with all and all manner of needful & necessary reparations & amendments whatsoever, when where or as often as need shall require. And also, that it shall and may be lawfull to and for the said I: F: his Executors or Assigns with workmen or others; in his their or any of their companies, or without twice in every year, yearly during the naturall lives and life of the said R: F: and S. F. and the life of the longer liver of them, to enter and come into the said Messuage or Tenement in every or any part thereof there to view search and see the state of the reparations of the same of and every part therof, and all such defaults and wants of repair as upon every such view or search shall be found to give or leave notice or warning in writing at the same premisses, or some part thereof unto, or for the said G [Page 455] S. his heirs or assigns, to repair or amend the same defaults and wants of Reparations within the space of six months then next ensuing.
And it is lastly the agreement of the said I. F. for himself his Executors, to and with the said G. S. his heirs, &c, by these presents, that the said G. S: his heirs, &c: paying the said yearly summ of &c: in form aforesaid, and performing fulfilling and keeping all and singular other the covenants grants clauses and agreements therin contained on his and their parts, to be done and performed, shall and may peaceably and quietly have hold occupy possess and enjoy all and singular the messuages and premisses above herein and hereby granted, and to farme letten with their appurtenances, and every part thereof during the said terme thereby granted without any let trouble interruption incumbrance or disturbance, of or by the said I: F: his Executors, &c: or any of them or any other person or persons lawfully claiming, or which shall or may lawfully claime by from or under him them or any of them, In witness &c:
A good Mortgage by Deed inrolled, and Defeasance thereupon, with a clause if the money be not paid according to the Proviso, that the Mortgagee paying a further summ shall have the Land established.
THis Indenture, &c: Between P. R. Citizen and Draper of L. and W. D of C. in the Parish of L. in the County of L. Chapman on the one party, and J. S. of S. in the county of L. Esquire son and heir of I. S. late of S. aforesaid Esquire, deceased on the other party, witnesseth, That whereas the said I. S. party hereunto by Indenture of bargaine and sale under his hand and seale bearing the day of the date of these presents & sealed and delivered at one instant of time, together with these presents and intended to be inrolled in the High Court of Chancery for and in consideration of the summ of 500 l. of &c. therein mentioned to be to him paid by the said P. R. and VV. D. hath granted bargained sold aliened enfeoffed and confirmed unto the said P. R. and VV. D. and to their heirs and assigns for ever, all that capitall messuage & Tenement &c. as by the said recited Indenture of bargaine and sale (Relation being thereunto had) more at large appeareth.
It is neverthelesse provided covenanted granted concluded conditioned condescended declared and agreed, by and between all the said parties to these presents, for them their Heirs Executors Administrators and Assigns, and each and either of them the said P. R. and VV. D: severally and respectively by and for himself his respective Heirs Executors Administrators and Assigns, and not joyntly nor one for another, nor one for the [Page 456] act of another, doth covenant promise grant condescend and agree to and with the said I. S. party hereunto his heirs and Assigns and every of them by these presents, That if the said I. S. party hereunto, his Heirs Executors Administrators or Assigns, or any of them, do and shall yearly and every year for and during the space of seven years, to be accounted from the day of the date of these presents, well and truly pay or cause &c. unto the said P: R: and VV. D. or either of them, their or either of their Executors Administrators or Assigns, at the now dwelling house of &c. the yearly summ or annuall payment of 40 l. of &c. on the fifteenth day of December, and the fifteenth day of June in every year by equall portions without any deduction allowance abatement or defalcation to be had made or claimed▪ for or by reason colour or means of any taxes or assessments to be laid or set upon the Messuage Lands and premisses aforesayd or any part thereof, or by colour or means of any Order or orders, Ordinance or Ordinances, Act or Acts of Parliament made or to be made or otherwise howsoever. The first payment therof to begin and be made on the December next ensuing the date of these presents.
And also if the said I. S. party hereunto his Heirs Executors Administrators or Assigns, do well and truly pay or cause, &c. unto the said P. R. and VV. D. or either of them, or to the Executors Administrators or Assigns of them, or either of them, at the place of payment aforesaid, the summ of 500 l: of like &c: on the twentieth day of June, which shall be in the year, &c, and do make no default of payment of or in any one payment of the sums of money aforesaid. And also if upon convenient notice given or left at the said Capitall messuage after the expiration of two years now next ensuing, he the said I. S. his Executors or Administrators shall within six months next after such notice pay or cause to be paid to the said P. R. and W. D, or either of them their or either of their Executors or Administrators, the said sum of 500l. and such Consideration as shal be then behind and unpaid according to the rate of use, that then and from thenceforth the said recited bargain and sale and the uses therein limited, shall cease determin and be utterly void and of none effect. And that then or at any time after wards, the said P. R. &c. their Heirs or Assigns shall and will upon the reasonable request of the said I. S. party, &c. his Heirs or Assigns yeild and deiver up the said Indenture of bargain and sale, and that part of these present Indentures which is under the hand and seal of the said I. S. party, &c. if the same be not in the mean time casually lost destroyed cancelled or defaced by fire or otherwise unto him the said I. S. party, &c. his Heirs or Assigns, to be cancelled and made void, together withal and singular the Deeds & Evidences mentioned in the Schedule or inventory hereunto annexed, saving in case of casualty as aforesaid safe and uncancelled, and then also or at any time afterwards, the said P. R. &c. their heirs or Assigns, shall and will upon the like reasonable request and at the costs and charges in the Law of the said I. S. party &c. his Heirs or Assigns grant reconvey and reassure all [Page 457] and singular the capitall Messuage Tenement or Mansion house Lands and Hereditaments in and by the said recited Indenture of bargain and sale granted bargained sold and conveyed with their Appurtenances and every part and parcell thereof unto the said I. S. party, &c. his heirs and assigns or to such other person or persons, as he or they shall in that behalf direct and appoint freed and discharged of and from all and all manner of former Estates Leases Dowers Titles Troubles Charges and Incumbrances had made committed or done by them the said P, R. &c. their heirs and assignes or any of them at any time or times before the making of such conveyance or reassurance, as by the said I. S. party, &c, his heirs or assigns, or his or their Councill lerrned in the Law, shall be reasonably devised or advised and required, so, that in such Reassurance, no greater or other warranty be included then only against the said P R. &c. respectively their respective heirs and assigns: And so as for the doing thereof, the parties who are to joyne therein be not compelled to travell further, then the Cities of L. and W. or one of them. And the said J. S. party, &c. for himself his Heires Executors Administrators and Assigns, and for every of them, doth covenant promise grant and agree to and with the said P. R. &c. and either of them, their and either of their Executors Administrators and Assigns by these presents that he the said J. S. party; &c. his Heirs Executors Administrators and Assigns or some of them shall and will from time to time well and truly pay, or cause, &c. unto the said P. R. &c. their Executors Administrators or Assigns, the said yearly sum or annuall payment of 40 l of &c. for and during the said term of five years, and the said summ of 500 l: of &c. at the place and severall dayes and times above mentioned for payment thereof and in manner and forme aforesaid, without making default of payment, of or in any one payment thereof, and without any deduction abatement allowance or defalcation to be had made or claimed for or by colour or meanes of any taxes or assesments to be laid or set upon the Messuage Lands and premisses aforesaid, or for or by reason of any Act Order or Ordinance of Parliament or otherwise howsoever.
And that in case the said I. S. party, &c: his Heirs Executors Administrators or Assigns, do or shall make any default of payment of or in any one payment of the yearly summ of 40 l. above mentioned or of the said summ of 500 l. or any part thereof, contrary to the form of the covenant or condition above expressed. Then if the said P. R. his Executors Administrators or Assigns, do and shall at any time afterwards within the space of six months next after any such default of payment as aforesaid, well and truly pay or tender to be paid unto the said I. S: his Heirs or Assigns, at &c. a further summ of 500 l. of &c. (deducting and defalking out of the same, all such summ and summs of money, as shall then be due and payable for the interest of the summ of 500 l. first above mentioned, that then or at any time afterwards, he the said J. S. his Heirs or Assigns shall and will upon the reasonable request, and at the costs and charges in the Law of the said [Page 458] P. R: &c. their Heirs or Assignes, or any of them well and sufficiently and in due forme of Law, grant, release, convey and assure all and singular the said Capitall Messuage, Tenement or Mansion house, Lands and premisses above mentioned with their appurtenances, and all his and their Estate, right, title, interest, power and benefit of redemption, claime and demand whatsoever, of into and out of the same, and every part thereof unto the said P: R. &c. their Heirs or Assignes or such other person or persons as they either or any of them shall in that behalfe direct and appoint, freed and discharged of the Provisoe, Condition or agreement above mentioned, and of all power and benefit of redemption; by such assurance and conveyance in the Law: As by the said P R. &c. And further that in case the said P R. &c. their Executors or Assignes shall at any time hereafter before the end of the said Tearme of five yeares be compelled or compellable by any act or Ordinance of Parliament made or to be made or otherwise to accept and take after the rate of 6 l. per cent. for the forbearance of the sume of 100 l: for one year or lesse then the sum of 8 l. per cent: for the 500 l. above mentioned. That then he the said J: S. partie, &c. his Heirs or Assignes, shall and will at the end of six moneths after notice or warning in that behalfe, given or left by the said P. R: &c. their or either of their Executors, Administrators or Assignes, at or in the said capitall Messuages well and truely pay or cause to be paid unto the said P: R: &c. their Executors, Administrators or Assignes at the place of payment aforesaid the said summe of 500 l. and all such part, and so much of the said annuall summe of 40 l. above mentioned, as shall be then in arreare unpaid and unsatisfied. Aad it is lastly the agreement of the said P. R. &c: for themselves, their Executors and Assignes that the said I. S: partie &c: his Heirs and Assignes, shall and may have, hold and enjoy all and singular the said Capitall Messuage, Tenement or mansion house, Lands, and Hereditaments and every part thereof and receive and take the Rents and profits thereof to his owne proper use untill default of payment made of or in some one payment of the payments aforesaid contrary to the forme above declared without any let, hinderance or impediment, of or by the said P R. &c. or either of them, their or either of their Heirs, Executors or Assignes or any of them: In witnesse, &c.
A good Mortgage by way of Lease for five hundred yeares.
THis Indenture, &c. Between T P. of I. in the County of S. Gent. Son and Heir of T P. late of N. in the same County, Doctor of Physick deceased on the one part, and T. B. of the City of London Marchant on the other partie: Witnesseth that the said T P. partie to these presents, for and in consideration of the summe of 800 l. of &c. to him in hand paid by the said T: B: at and before the ensealing and delivery of these presents. The receipt whereof the said T P. partie to these presents, doth hereby acknowledge, and himselfe therewith fully satisfied, and thereof and of every part thereof doth clearly acquit, exonerate and discharge the said T B. his Executors and Administrators by these presents. Hath bargained sold, demised, granted and to farme letten, and by these presents doth, unto the said T B. his Executors, Administrators and Assignes. All that the manner of H. in the County of S. with the Rights, Mem, bers, and Appurtenances thereof, and all Messuages, houses, waters, Mills, Lands, Tenements, Meadows, Pastures, Feedings, Woods Underwoods, Commons, Heaths, Furres, Mooress, marches, Wasts, Profits and Perquisits of Courts rent of Copy-holders, and Free-holders, chiefe-rents, quit-rents Rents of Assize, fines, herriots, amerciaments, services, reversions, royalties, priviledges, franchises jurisdictions, profits, commodities, hereditaments and appurtenances whatsoever to the said Mannor belonging or appeataining, or accepted, reputed or taken; as part; parcell or member thereof: And also all that Tenement with the close or parcell of Pasture, wherein the said Tenement standeth containing by estimation, &c. be the same more or lesse, Scituate, lying and being in the Parish of H. in the County of S. now or late in the severall tenures or occupations of &c. or of their Assignes. And also all that peece, &c. And all woods, under-woods, timber and trees standing, growing, or being in upon or about the severall Closes, peeces or parcells of Ground abovementioned, and every or any part thereof. And all waies, waters, commons, and common of Pasture, profits, commodities, hereditaments and appurtenances whatsoever to the said tenement and severall closes ot parcells of Land or ground and every or any of them belonging or appertaining or with them, or any of them used, occupied or enjoyed. And all other the Messuages, Lands, tenements and hereditaments which were conveyed and assured by and from G. S. of &c: and I. W. of &c. to the said T P. deceased in and by a certaine Indenture of bargaine and sale under their hands and Seales bearing date, &c. and inrolled in the high Court of Chancery. And the Reversion and Reversions, Rents, Issues and profits, [Page 460] of all and singular the Mannor, Tenement, Lands and premisses above mentioned, and every part thereof. To have and to hold all and singular Habend. the said Mannor, Tenement and severall Closes and parcells of Land and all other the premisses above, in and by the these presents demised, granted, bargained and sold with their and every of their appurtenances, and the Rents and Reversions thereof unto the said T B. his Executors, Administrators and Assignes from the ensealing and delivery of these presents unto the end and terme of 500 yeares from thence next ensuing, and fully to be compleat and ended without impeachment of or for any manner of Wast, strip, or spoile, Redend. yeilding and paying, therefore yearly and every yeare during the said terme unto the said T P. partie hereunto his Heirs and Assignes the yearely Rent of one Pepper corne, on the Feast day of All Saints in every yeare (if it be demanded, and no more) Provided alwayes and these presents are upon this condition, Neverthelesse, that if the said T P. partie hereunto his Heirs, Executors, Administrators or Assignes, or any of them, do and shall yearely and every yeare from henceforth for and during the terme of five years now next ensuing, well and truly pay or cause to be paid unto the said T. B. his Executors Administrators or Assignes. At the &c. in London the yearly summ or annuall payment of 48 l: of &c. on the 26th. day of January, and 26th. day of July in every yeare by equall portions. The first payment thereof to begin and be made on the 26th. day of January now next ensuing. And also if the said T P. partie hereunto his Heirs, Executors, Administrators or Assignes, do and shall, well and truely pay or cause to be paid unto the said T B. his Executors Administrators or Assignes, at the place of payment aforesaid, the summe of 800 l. of like good and lawfull money of England on the last day of July, which shall be in the yeare, &c. And in case the said T P. party hereunto shall be minded to repay the said 800 l. before the end of the said five years, and do and shall give or leave notice or warning thereof in writing, at the now dwelling house of the said T. B. in &c. on any twentieth day of January or twentieth day of July, within the last two years of the five years aforesaid, and do and shall truely pay to the said T B. his Executors or Assignes at the place of payment aforesaid, the summe of 800 l. of &c. at the next halfe years day of payment then ensuing, together with all such part and so much o [...] the said yearly summe of 48 l: as shall be then due and payable: And do make no default of payment of or in any one payment of the summes of money aforesaid, That then and from thence forth this present grant, bargaine, sale and demise of all and singular the same premisses shall cease, determine, and be utterly void and of none eflect, to all intents and purposes, as if the same had [...]ever been made, This Indenture, or any thing herein contained [Page 461] to the contrary thereof in any wise notwithstanding: And the said T P: partie hereunto for himself his Heirs Executors and Administrators, and for every of them doth covenant promise grant and agree to and with the said T B. his Executors Administrators and Assignes and to and with every of them by these presents, in forme following. That is to say. That he the said T. P. partie hereunto at the ensealing and delivery of these presents, is the very true lawfull and rightfull owner of the said Mannor, Tenement, Lands, and all other the premisses above herein, and hereby demised, granted, bargaind and sold or meant, mentioned or intended to be hereby demised, granted, bargained and sold with their appurtenances, and of every part and parcell thereof. And now is and standeth lawfull seised in his demeasne, as of Fee, of and in all and singular the said Mannor, Tenement, Lands, and premisses with their appurtenances, and of every part thereof, of a good, sure, lawful perfect, rightful, absolute & indefeazable estate of Inheritance in Fee-simple, without any reversion, remainder, limitation of use or uses, power of revocation, or other matter or thing whatsoever, of or in any person or persons, to alter, change, or determine the same. And that he the said T. P. partie to these presents, now hath in himselfe full power, good and perfect right, and lawfull authority, to demise grant, bargaine and sell, all and singular the said Mannor, Tenement, Lands, Hereditaments and premisses, above mentioned with their appurtenances, and every part thereof unto the said T B. his Executors, Administrators and Assignes, for and during the said terme of 500 years in manner and forme aforesaid, and according to the true intent and meaning of these presents. And also that the said T B: his Executors, Administrators and Assignes, shall and may from time to time, and at all times (from and after default of payment made of the severall summes of money aforesaid, or any of them, or any part thereof) peaceably and quietly enter into have hold, occupy, possesse, and enjoy the said Mannor, Tenement, Lands, Hereditaments and premisses above, in and by these presents demised, granted, bargained and sold with their and every of their appurtenances and every part and parcell thereof for and during the said terme of 500 years, without any let, trouble, inter [...]uption, incumbrance or disturbance of or by the said T P. party hereunto, his Heirs, Executors, Administrators or Assignes, or any of them, or of or by any other person or persons whatsoever.
And further that the said Mannor Tenements Lands Hereditaments, and all other the Premisses above in and by these presents mentioned or intended to be herein and hereby demised &c. with their and every of their appurtenances, now are, and be, and so from time to time and at all times hereafter, for and during the said term of 500 years, shall be [Page 462] remain and continue, and be had holden and enjoyed unto and by the said T. B. his Executors Administrators and Assigns (subject to the Proviso or Condition above mentioned) free and clear, and freely and clearly acquitted exonerated and discharged, of and from all and all manner of former, and other Gifts Grants Bargains Sales Leases Joyntures Dowers U [...]es Wills Entails Statutes-Merchant and of the Staple Recognizances Judgments Extents Executions Rent-charge Rent▪seck Annuities yearly payments Fines Issues Amerciaments Seisures Sequestrations, and cause and causes of Sequestration. And of and from all other Estates Titles Troubles Charges and Incumbrances whatsoever, had made committed suffered by the said T: P. party hereunto, or by any other person or persons whatsoever, the Rents and Services from henceforth to grow due and payable to the chief Lord and Lords of the Fee and Fees of the Premisses, in respect of his and their Seigniory and Seigniories excepted and foreprised. And except one annuity or yearly Rent charge of 10 l. per annum, issuing and payable out of the Premisses, or some part therof, unto E: M: Mother of the said T. P. party hereunto, for and du [...]ing the term of her naturall life, and no longer. And also except one Lease or Grant made of parcell of the Premisses, by the said T, P. party &c. unto the said T. L. for a certain term yet enduring, at and under the yearly Rent of 42 l: And also except one other Lease made of other parcell of the Premisses, by the said T. P. party &c. to the said &c. for a certain term yet unexpired, wherupon the yearly Rent of 16 l. is reserved and payable, which said severall yearly Rents of 42 l. and 16 s. in and by the said severall excepted Leases reserved, shall from and after default of payment made of the Summs of money aforesaid, or any of them become due and payable unto the said T: B. his Executors Administrators and Assigns, for and notwithstanding any act or thing, had made or done, or to be had &c. by the said T. P. party &c. or by any other person or persons.
And moreover that the said T. P. party &c. and his Heirs, and all other person and persons, and their Heirs, having claiming deriving or pretending, or which can or may hereafter have or claim any manner of Estate Right Title Interest Claim Benefit or Demand, of into or out of the said Mannor Lands Hereditaments and Premisses above mentioned, to be herein and hereby demised granted bargained and sold, with their appurtenances, and every or any part or parcell therof (except as aforesaid) shall and will from time to time and at all times (from and after default of payment made of the Summs of money in the Proviso and Condition aforesaid expressed, or any of them, upon the reasonable request, and at the costs and charges in the Law of the said T. B. his Executors Administrators and Assigns, make do knowledg levy suffer and execute, and cause and procure to be made &c. unto the said T: B: his Executors Administrators and Assigns, all and every [Page 463] such further lawfull and reasonable Act and Acts, Thing and Things, Deeds Devises Grants Releases Conveyances and Assurances in the Law whatsoever, for the further and better more perfect and absolute granting conveying and assuring of the said Mannors Tenements Lands and Premisses, above herein and hereby demised granted bargained and sold, with their appurtenances, and every part and parcell therof, unto the said T. B. his Executors Administrators and Assigns, for and during the said term of 500. years, discharged of the Proviso or Condition aforesaid, and of all power and benefit of redemption: As by the said T. B. by his Executors Administrators or Assigns, or his or their Councell learned in the Law, shall be reasonably devised or advised and required.
And it is lastly agreed by and between the said parties to these present [...], for them their Heirs Executors and Assigns: That the said T. P: party &c: his Heirs Executors and Assigns, shall and may have hold and enjoy the premisses, and receive and take the Rents and Profits therof, to his and their own proper uses, untill the first default of payment shall be made of the Summs of money, in the Proviso and Condition aforesaid expressed, without any let hinderance or deniall of or by the said T. B. his Executors Administrators or Assigns, or any of them. Any thing herein contained, to the contrary notwithstanding &c. In witnesse, &c.
A Lease of a Garden for 1000. years, with Covenant to convey over the Fee-simple of the Premisses to the Leassee, or his Heirs, if they require it.
THis Indenture &c. Between M. B. Citizen and Goldsmith of L. on the one party, and H. W. of the City of L. aforesaid, Son of W: W: Citizen and Painter-steyner of the same City, on the other party, witnesseth, That the said M. B. for and in consideration of the Summ of 45 l. of &c. wherof &c. Hath given granted demised betaken and to farm-letten, and by these presents &c. unto the said H. W. his Executors and Assigns, all that Garden and Garden ground, and the Lodge therin builded, and the one half of the Well in the West end therof, and all Buildings within the same Garden, and all the Hedges Fences and Inclosures therof, with all and singular the Appurtenances and Commodities therof, now being in the proper holding and occupation of the said W. W. scituate lying and being on the West side of M: without Mortgage of the City of L. between M. [Page 464] aforesaid on the South side, and the Garden in the holding &c. on the North side, and doth contain in length by the North side, from East to West 128, foot of assize, and by the South side in length as aforesaid, 113. foot of assize, Habend. and in breadth &c. To have and to hold the said Garden and Garden ground, and the Lodge Buildings Hedges Fences and Commodities therof aforesaid, with all and singular their Appurtenances, to the said W: W: his Executors Administrators and Assigns, from the day of the date of these presents, by and during all the whole term of 1000. years, from thence next following, and fully to be compleat and ended, without impeachment of any manner of Wast, yeilding and paying therfore yearly to Reddend. the said M. and his Heirs, one silver penny in the Feast of All saints (if it be asked) And the said M. B. for him his Heirs Executors and Administrators, Covenant for Seisure in see. and every of them, covenanteth and granteth, to and with the said W. W: his Executors Administrators and Assigns, and every of them by these presents, in manner and form following; That is to say, That he the said M. B. now at the ensealing and delivery of these presents, is by good and sure Title in the Law, lawfully and solely seised of the said Garden, and all other the above demised Premisses, in his Demesne as of Fee simple, without any limitation of Ʋse Defeazance Mortgage or Condition, to and for the only use of the said M. and his Heirs for ever.
And that he the said M. B. hath good right and lawfull power and authority And power to assure the premisses. to give grant demise and assure all the said Garden and Garden ground, and all and every other the Premisses above demised to the said W: W: his Executors Administrators and Assigns in manner and form aforesaid. And that the said Garden and Premisses, now are and from Discharge of Incumbrances. henceforth from time to time and at all times, unto the end of the said term, shall be and continue unto the said W. his Executors Administrators and Assigns, free and cleerly discharged and acquitted, or otherwise by the said M. and his Heirs saved harmlesse, of and from all and singular former Gifts Grants Bargains Sales Leases Statutes Recognizances Annuities Fees Joyntures Dowers Entails Fines Amerciaments, Fines for alienation and licence of Alienation Intrusions, and all other Estates Titles and Incumbrances whatsoever, had made done or suffered by the said M: B: or Sir M. B. Knight, his Father deceased, or T: B: his Brother, Son and Heir of the said Sir M: or by any other person or persons, claiming or having any Estate Title or Interest in or to the said Garden, or any other the Premisses, by from or under the said M: B: and Sir M: B: Knight, and T. B. or any of them (The chief Rents from henceforth to be due to the chief Lord or Lords of the Fee: And one Lease made and granted of the said Garden by Except a Lease the said Sir M. B: to A. B. by Indenture, bearing date &c. (onely except and foreprised.)
And moreover the said M. covenanteth &c. That he the said W: his Executors Administrators and Assigns, from henceforth unto the end of For enjoyance. all the said term of 1000. years shall or lawfully may not only have hold [Page 465] occupy and possesse all the said Garden and Garden ground, and all and every other the above demised Premisses: But also shall or may lawfully have take perceive receive and enjoy, all the Issues Profits Rents Revernews and Commodities therof, and of every part and parcell therof, without any let molestation interruption or resistance of or by the said M. B. or his Heirs, or of or by any other person or persons, which shall have or make any Title in or to the said Garden and Premisses, or any part therof, by from or under the said Sir M. B. Knight, T. B. and M B. or by from or under them or any of them, or by or through any act or acts, thing or things done or occasioned by them or any of them, the said former Lease made to the said A. by Indenture as is aforesaid, only except.
And further that if at any time hereafter, the said W. W. or his Heirs, shall require the said M. B. or his Heirs, to convey and assure the said Garden and Garden ground, and all other the above demised Premisses, with their Appurtenances unto the said W. or to his Heirs or to any other person or persons, or their Heirs in Fee-simple, that then upon such request made, the said M. B. and his Heirs, at the costs and charges in the Law of the said W: W: or of his Heirs, shall make do knowledge and finish and suffer to be done, all and every such act and acts, conveyance and conveyances, assurance and assurances, for the conveyance and assurance in the Law of all the said Garden and Garden ground, and of all other the above demised Premisses in Fee-simple to the said W: and his Heirs, or to any other person or persons and their Heirs therfore to be named by the said W. W. or his Heirs, or to such use and uses, and in such manner and from, as by the said W. or his Heirs, or by his or their learned Councell, shall be lawfully and reasonably deuised and appointed, so as it be with warranty only of the said M: B: and of his Heirs against him and them, and his and their Heirs; and no further. And that then at the time of such conveyance and assurance making therof, the said Garden and Premisses shall be and from henceforth continue cleer and free from all former Grants Bargains Sales and Incumbrances whatsoever, made done or suffered, or to be made done or suffered by the said Sir M. B. Knight, M. B. and T. B. or any of them, or by any other person or persons, by or under their Estate or Estate of any of them, this present Lease, and the other former Lease above specified and excepted, only excepted and foreprised: In witness &c:
A Lease of Land for 500. years for Assurance of payment of a of a summ of money, with Covenants for Atturnment of the Tenants of the Premises, and for the assuring of Land to the Leasee and his heirs for ever, and request if breach of payment be made, &c. A Lease devised to avoid Bargain, Livery, and Enrolling, &c.
THis Indenture &c. Between the Right Honorable H: Earl of H. Lord H. &c. on the one party, and H. B. Haberdasher of &c. on the other part witnesseth, That the said Earl for and in consideration of the summ of 2650 l: of &c. wherof &c. hath Demised &c. all and singular those the Mannors of S: M: H: C: and H: in the County of S. with all and singular their appurtenances whatsoever, and all and singular those Messuages, Lands, Tenements and hereditaments with their appurtenances in the said County of S. commonly called or known by the several names of S. M. H. C. and H. and all and singular Lands, Tenements, Rents, Reversions, Services, Profits, and other Hereditaments to the said Mannors and Lordships and other the Premisses, or to any of them belonging, or in any wise appertaining or occupied used, demised, or Leased as part, parcel or member of the same, or any of them, or reputed, taken, counted, or known as any parcel or member of them or of any of them, and all and singular other Messuages, Lands, Tenements and Hereditaments whatsoever of him the said Earl with their appurtenances, scituate lying being, comming, growing, or renewing, of or in the Towns, Parishes, Hamlets and Fields of S. M. H. C. and H. in the said County of S. and the Reversion and Reversions of all and singular the Premisses, and all and singular rents and Profits whatsoever, incident unto the same Reversion and Reversions; To have and to hold &c. unto the said Habend. H: B: his Executors Administrators and Assigns, from the day of the date of these presents unto the end and terme, and for and during all the terme of five hundred years, from thence &c. and fully to be compleat and ended, under the condition hereafter in these Presents mentioned and declared. And the said Earl for himself, Owner in Fee. his Heirs Executors, &c. doth covenant &c in form &c. That he the said Earl now is the very true, sole and lawful Owner of the Fee and Inheritance of all and singular the Premisses, and therof, and and of every part therof now is, and standeth [...]olely and lawfully seised, of a good, sure, perfect, and absolute estate in the Law in Fee-simple, to the only use of the said Earl, and of his Heirs and Assigns, for ever absolutely without any Defeasance, Condition, or Mortgage and that of such estate he the said Earl hath good, right, and lawful authority Authority to Let. to Grant, Lease, and Demise all and singular the Premisses with their [Page 467] appurt. to the said H: B: his Executors Admin. and Assigns, in manner and form aforesaid. And that all and singular the same Premisses at Discharge of Incumbrances. the ensealing and delivery of these presents, are, and at all times hereafter, for and during the said term of &c. under the Condition hereafter in these Presents expressed, shall be discharged, acquitted, or otherwise by the said Earl, his Heirs Executors or Administrators, at all times as well and sufficiently saved harmless of, and from all and singular former Bargains, Sales, Leases Grants, Statutes, Recognisances, Estates, Titles, Charges, and Incumbrances whatsoever, the chief Rents and Services &c. and all Leases not exceeding three Lives, or 21. years, and all estates by Copy of Court Roll made by the said Earl of the said Mannors, Lordships, and other the Premises, or any part therof, wherupon the old usual yearly Rents or more are reserved, yearly to be paid during the said Leases and Estates, only except and foreprised. And also that he the said H. B. his Executors and Assigns, during all the said term of &c. upon and under the Condition aforesaid, shall or may have, hold, occupy and enjoy all the said Mannors, Enjoyance. &c. and all and singular other the Premisses, and the Rents, Issues, and Profits therof to their own use, shall or may lawfully perceive, receive, and take without any Let, or interruption, of any other person or persons whatsoever, except before excepted.
And further, that the Premisses by these presents mentioned to be Yearly Rent. Demised, now are, and from henceforth, for and during all the said term of &c. shall or may continue, remain, and be to the said H. B: his Executors Administrators and Assigns, under the Condition aforesaid, of the full and clear yearly value of 70 l. of &c. or above, over and beyond all charges whatsoever.
Provided alwayes, That if the said Earl, his Heirs Executors, &c. do Proviso. pay &c. to the said H. B. &c. at the House &c. the summ of 2650 l. of &c. in manner and form &c. That is to say on the 25th. of August &c. next &c. 1050. therof (and ever after 400 l. till the whole be paid) That then and from thenceforth these Presents, and the Lease, Demise, and Grant, therby made of all and singular the said Premisses, and all the Covenants, therin contained, and all Bonds and Statutes, made, or to be made, for or concerning the performance of the Covenants herein contained, or any of them shall be utterly void and of none effect. And then also, and from thenceforth it shall and may be lawful to and for the said E: his Heirs &c. to reenter &c. and the same to have again &c. as in his and their former estate. These presents Tenants to atturn. &c. And the said Earl Covenanteth &c. That he the said Earl within the space of seven moneths next ensuing the date hereof shall and will procure and cause, that all and every the Tenants, Farmers, and Occupiers of all and singular the said Mannors and Lordships, and other the Premisses with their appurtenances, and of every, or any [Page 468] part therof, do, and shall every of them for his particular estate, atturn and become tenants upon this demise and a Lease unto the said H: B: his Executors or Assigns, under the Condition aforesaid for payment of their several Rents therfore unto the said H: B▪ his Executors and Assigns, and also that if default be made of or in payment of the said summ of &c. or any part therof to the said H: B. his Executors or Administrators contrary to the form aforesaid, that then at all times during three years next after such default made, the said Earl and the right Honorable Countess K. now his wife, and all and every other person and persons, having or lawfully claiming any estate in the Premisses, or any part thereof by from or under the said Earl, or any of his Ancestors (other then only such Leassers and Coppyholders as aforesaid for their estates and interests before excepted) at, and upon the reasonable request; and at the costs and charges in the Law only of the said H: his Executors or Assigns, shall and will, do, make, knowledge and suffer, and cause &c. all and every such lawful and reasonable act and acts, thing and things in the Law, either for the further and better confirmation and assurance of this present Demise and Lease, or else for the clear and absolute conveying of the Fee and Inheritance of all and singular the Premisses, with their appurtenances to the said H▪ B: his Heirs and Assigns for ever absolutely without any condition, as by the said H: his Heirs or Assigns, or his or their counc [...]l learned in the Laws of this Realm shal be lawfully and reasonably devised or advised. Nevertheless the said Earl, or any other person to make any such Assurance or Conveyance shall not be required or compelled for the making therof to travel above three miles distance from the place where they so required shal be when such request to them shall be made. In witness, &c.
A Lease of a Wind-Mill.
THis Indenture made &c. between H: E: of M: of the one part and T. P. of K. in the County of H. yeoman, of the other part witnesseth, That the said H. E. as well for and in consideration of the yearly Rent hereafter in and by these presents reserved, as for divers other good causes and considerations, the said E. therunto especially moving, hath demised granted set and to farm-letten, and by these presents doth demise grant set and to farm let unto the said T. P. his Executors Administrators and Assigns, all that peece and parcell of ground, lying and being in N. Feild, within the Parish of K. aforesaid. And all that the Mill, called K. or N. Wind-Mill, scituate standing or being in or upon the said peece or parcell of ground, together with all and [Page 469] all manner of going and running Geers, belonging and used to and with the same Mill. And also all and all manner of other Goods and Chattels Utensils Implement and Tools whatsoever, of his the said H. E. now standing remaining or being, of in or upon the same peece or parcell of ground, or within or upon the same Wind-Mill: All which now are more particularly set down and expressed in a Schedule indented, to these presents annexed; Together with all waies passages and common use of passing to and from the said Wind Mill, heretofore usu [...]lly accustomed and enjoyed, with all and every the appurtenances, to have and to hold [...]he sa [...]d peece and parcell of Ground Wind-Mill, and all and singular the before mentioned Premisses, with their and every of their appurtenances, unto the said T: P: his Executors Administrators and Assigns, from &c. for and during, and untill the full end and term of &c. from thence next ensuing, and fully to be compleat finished and ended, yeilding and paying therfore yearly during the said term, unto the said H. E. his Heirs and Assigns, the summ of &c: of good and lawfull money of England, at the &c. by even and equall portions: And if it shall happen the said yearly Rent of &c. to be behind or unpaid, in part or in all, by the space of &c. daies next after any of the said Feast-daies of payment, wherin the same ought to be paid as aforesaid, being lawfully demanded, that then it shall and may be lawfull to and for the said H. E. his Heirs and Assigns, into the said peice or parcell of Ground and Wind-Mill and othet the Premises, to enter and distrain, and the Distresse and Distresses so had and taken, to bear and carry away, and the same to withold and keep, untill the said H. E. his Heirs and Assigns, shall of the same Rent, and of every part and parcell therof, with the arrerages therof (if any happen to be) be fully satisfied contented and pa [...]d.
And the said T. P. for himself, his Executors Administrators and Assigns, and every of them doth covenant promise and grant, to and with the said H. E. his Heirs Executors Administrators and Assigns, and every of them by these presents, That he the said T. P. his Executors Administrators and Assigns, shall and will at all times needfull during the said term, grinde to and for the said H. E. his Houshold and Family, All such Grain of Wheat, Rye, and Barley, as shall be by the Servants or Assigns of the said H. E. brought to the said Mill, & spent for the convenient maintenance of him the said H. E. his houshold and Family, if the said H. E. &c. shall so long dwell and inhabit in K. aforesaid, and the same Grain shall grind w [...]thout any delay, and so soon as the same may be conveniently ground by the [...]aid W [...]n [...] Mill and that without claiming or taking any manner or Toil or custom for the same, the Griest of Grain not exceed [...]ng six bushels weekly.
And the said T. P. for the said T. P. for himself, his Executors Administrators [Page 471] and Assigns, doth covenant promise and grant, to and with the said H. E. his Heirs and Assigns, by these presents, That he the said T. P. and his Assigns, shall and will for and during all the foresaid term, at all times, when and as often as need shall require, at his and their own proper costs and charges, well and sufficiently amend maintain and keep in repair the said Wind-Mill, and every part therof, with all manner of needfull and necessary Reparations, the said H. E. his Heirs and Assigns, finding, providing, and allowing all such and so much great Timber, as shall be meet and convenient, for the upholding, repairing, and amending of the same Mill: As also bringing the said Timber to the said Mill, at all times when need shall be for amending of the same. All which the said H. E. his Heirs and Assigns, do covenant and grant, to and with the said T. P. his Heirs and Assigns, to do, fulfill, and perform.
And the said H. E. for himself his Heirs Executors Administrators and Assigns, doth covenant promise and grant, to and with the said T. P. his Executors Administrators and Assigns, and every of them by these presents, That if it shall fortune at any time within the said term (which God forbid) that the said Wind-Mill by violence of weather or tempest to be overthrown, or by any other casualty to perish; And that not by the carelesnesse or negligence of the said T. P. his Executors or Assigns, that then the said H. E. his Heirs or Assigns, shall and will at his and their own proper costs and charges, within &c. next after such over-throw or other casualty erect re-edifie and build again the said Wind-Mill and place the same within the said compasse of the same ground wheron it now standeth, to the use of the said T. P, his Executors and Assigns.
And the said T. P. for him, his Executors Administrators and Assigns, doth covenant promise and grant, to and with the said H E. his Heirs and Assigns by these presents, That if it shall fortune the said Wind-Mill, by violence of weather, or otherwise, to be overthrown or perish, and that by the negligence and carelesnesse of the said T. P. his Executors or Assigns, that then the said T. P. his Executors Administrators and Assigns, shall and will before the end of &c. next after such over-throw or other casualty, erect, re-edifie, and build again the said Wind-Mill, and place the same where now it standeth, at his and their own proper costs and charges, he the said H. E. finding providing and allowing such and so much Timber, of all sorts needfull as will serve for the re-edifying and building the same again, the said T. P. being allowed all the Chips and of all wood therof, for and towards his charge of the same.
And further that he the said T. P. his Executors Administrators and Assigns, shall and will at the end of the said term of years hereby granted, leave and yeild up the said Wind-Mill in good and sufficient [Page 470] repair, together with such Implements Utensels Tools, and going or running Geeres, belonging to or used with the same Mill, and of so good value and price, as they be now valued at, as appeareth in the Schedule to the [...]e presents annexed, as shall be adjudged meet, by the judgement of two indifferent men to be chosen by the said parties equally to view and value the same.
Provided alwaies, and it is neverthelesse covenanted granted condescended and agreed, by and between the said parties to these presents, that if it shall happen the said Implements Utensils Tools or running Geeres in the said Schedule expressed, not to be found by the said two men to be of so good value at the end of the said term, as they now are rated at, that then he the said T. P. his Executors Administrators or Assigns, shall and will content and pay unto the said H. E. his Heirs or Assigns, so much lawfull money, as the said Implements Utensils Tools and running Geeres shall be lesse worth, then they are in the said Schedule valued: Or if it shall happen the said Implements Utensils Tools or running Geeres, to be found by the said two men, to be of better value then they are now expressed in the said Schedule to be of, that then the said H. E. his Heirs or Assigns, shall and will content and pay unto the said T. P. his Executors or Assigns, so much lawfull money as the same Goods shall be better worth by the judgment of the same two men.
And the said T. P. for himself, his Executors Administrators and Assigns, doth covenant promise and grant, to and with the said H. E. his Heirs and Assigns, that he the said T. P. his Executors Administrators nor Assigns, shall or will demise let or set the said peece of ground or Wind-Mill, or any part therof, to any person or persons, during the said term, without the consent of the said H. E. his Heirs or Assigns, first had and obtained in writing.
And the said H. E. for himself, his heirs executors administrators and Assigns, doth covenant promise and grant, to and with the said T. P. his executors administrators and assigns, and every of them by these presents, That he the said T. P. his Executors administrators and assigns, shall and may at all times hereafter, and from time to time during the said term, for and under the yearly Rent Covenants Reservations and Agreements above specified, peaceably and quietly, have hold occupy possesse and enjoy the said peece or parcell of ground, Wind-Mill, and other the above demised premisses, with their and every of their appurtenances, without any lawfull let trouble deniall expulsion eviction incumbrance or interruption, of or by the said H. E. his heirs executors administrators or assigns, or any of them, or of any other person or persons whatsoever, lawfully claiming from by or under him, them, or any of them: In witness &c.
A very good President of a generall Letter of Attorney, drawn and penned by Councell, as well concerning the disposition of Lands as Goods.
TO all true Christian people to whom this present writing shall come I F. W of L: Esquire send greeting in our Lord God everlasting, whereas it hath pleased the Queens Highnesse to appoint me her Ambassador Leiger in France for a certaine time: And whereas I think it needfull in mine absence to put some person in trust for mine affaires here in England. Therefore know ye that I the said H W. have made constituted, ordained, authorized, appointed, and in my place by these presents, have put my well beloved in Christ W D: the elder of L. Gent: my true, sufficient and lawfull Attorney and Commissioner, as well to enter for me and in my name into all and singular my Mannors, Lordships, Messuages, Lands, Tenements, Woods, underwoods, and all other my possessions and Hereditaments, with all and singular their Rights, Members and appurtenances in the Counties of Essex, Hertford, Somerset, S K. M: and W. and every of them and elsewhere, wheresoever with in the Realme of England and possession and seisin thereof for me and in my name and to my use to take. And also to view and survey for me and in my name, all the said Mannors, Lordships, Lands, Tenements, Woods, Under-woods, possessions and Hereditaments, and other the premisses with the appurtenances, and every part and parcell thereof as also to aske, gather, levie, recover and receive for me and in my name, and to my use of all and singular my Auditors, Bayliffs, receivers, Farmors or Tenants and all other Occupiers whatsoever of the aforesaid Mannors, Messuages, Lands, Tenements and other the premisses or of any part thereof, all and singular Farmes, Rents, and Services, Arrearages, Profits and summes of money whatsoever which are or shall be to me in any wise due. And an accompt or accompts of them, and of all other my Officers, Ministers, Servants and other accomptants whatsoever of any of them to require and take for me and in my name mine allowances of their accompts to allow or disalow as the case requireth, and as by my said Commissioner and Attorney shall be thought meet and convenient, and all severall my Auditors Bailifs Receivers, Officers, Ministers and Servants whatsoever, or any of them upon any reasonable cause or causes at the discretion of my said Attorney, to displace and put out of service and office and to reteine receive and put other in their, and every or any of their place or places so put out of service, and this as often as it shall be thought requisite to my said Attorney. And also the [Page 473] Farmors Tenants, and Occupiers of all and singular my said Mannors Lands, Tenements, and Hereditaments and other the premisses, and every or any of them for none payment of their or any of their Farms Rents, Revenews, Profits, and other things whatsoever, due to, or to be due for the same Mannors, Lordships, Lands, Tenements, Hereditaments, and other premisses and every or any parcell thereof, by all or any their Goods, and Chattels found in and upon the same Mannors, Lordships, Lands, Tenements, Hereditaments, and other the premisses, or in any or upon any parcell thereof to distreine. And the distresses there so had or taken lawfully, to lead, drive, carry away and impound, and deteine with old, and keep the same, untill the said Farmes, Rents, Issues, Profits, and the Arrears thereof being hind, be fully satisfied and paid. And if need be, and the Law will it permit all and singular the same Goods so distrained to sell and put in sale, and the money thereof comming in the hands of my said Commissioners or Attorney, to retaine hold, and keep as the Law in that behalfe shall permit. And also all and singular the same my Farmors, Tenants, and other occupiers of the premisses not well and truly paying their Farmes, and Rents at the accustomed dayes and Feasts or not well and truly observing, performing and fulfilling all such Covenants, Grants, Conditions, Customes, and charges, as they ought to do, observe, keep, performe and fulfill by vertue of their Leases, Grants, Customes, or upon any other reasonable cause or causes whatsoever at the discretion of my said Commissioner from their Farmes and tenures to expell and amove if lawfully that may be or deserve to be expelled or amoved. And the same premisses, and every or any parcell thereof to other Farmors, Tenants and occupiers in my name, to demise, grant, and to farme to my most profit and commodity for terme of 21 years or under, or for life or lives by Coppy or Coppies of Court-role according to custome or manner where the same shall lye or by Deed or Deeds or otherwise in may name, and this as often & when as need shal require, at the discretion my said Attorney, And also for me, &c: and to my most profit and commodity to sell and put in sale all and singular my Woods, underwoods and Trees whatsoever, or any part thereof growing or being of, in or upon the foresaid Mannors, Lordships, Tenements, Lands, Hereditaments and other the premisses, or parcell thereof, to any person or persons, as to my said Attorney shall be thought meet and requisite. And also all and every writing and writings in this behalf requisite and necessary in my name to make seale and delivery, and also to set, rate, receive and take Fines and Incombs, of and for the said Leases and Copies to be made as aforesaid. And also to assigne appoint and allow unto the said Tenants, Leassees, Farmors and occupiers, sufficient Timber-trees, as often as need shall be, for the [Page 474] necessary reparations of all and singular their severall Farmeshouses and Tenements. And also I do give and grant unto my said Commissioner and Attorney full power and authority for me and in my name to commence and prosecute before any whatsoever Judge, Justice, or Justices of our Soveraine Lady the Queen, her Heirs or Successors in any whatsoever Court or Courts, or other place or places whatsoever, action or actions, Pleas, Processes and Suits reall, personall or mixt and to appeare for me and in my name in all such actions and Suits as be or shall be commenced taken or sued against me: And to proceed, answer, prosecute & defend all and every of the same Action and Actions, Pleas, Processes and Suits, as well by me as against me moved or commeneed or to be moved or commenced and to winne or loose the same as the case shall require. And also to aske, levie, recover and receive, for me and in my name, and for my only use and behoof, not only all and singular such Debts, summe or summes of money, Fines, amerciaments, fees, annuities [...] and other profits whatsoever, which by any means now be or shall be due or payable unto me by whatsoever person or persons for whatsoever matter or cause. But also to receive of the Queen our Soveraign Lady her Heirs and Successors, during the time I shall be out of this Realme, and the partes of beyond the Seas, all the Diet money or moneys for mine entertainment to be allowed to me during my time of living beyond the Seas. And also to satisfie pay and allow, for me and in my name, all and all manner of summe and summs of money, Annuities, Rents, Fees, pencions, wages, reparations and all other charges and duties whatsoever which I do owe or ought to pay or allow by Law or conscience to the Queens Majesty either that now is her Heirs or Successors, or to any other person or persons whatsoever. And further I do give and grant unto my said Commissioner and Attorney full power and lawfull authority, for me and in my name to keep or cause, &c. All and all manner Courts, Leets and Lawdaies whatsoever, within any the said Mannors, Lordships, Land or other the premisses or any of them according as they have been accustomed heretofore to be there holden and kept, And also from time to time, when and as often as any Rectory, Church vicaridge or Parsonage, or other spiritual promotion whatsoever of the Parsonage whereof I am or shall be seised, or which be or shall be of or in my gift or disposition shall by any means become or be void to name and present for me and in my name any able person or persons unto the same Rectories Parsonages, Vicarages or Churches, or other spirituall promotions so being vacant in such like, and in as large and ample manner and forme as I my selfe might or should doe, if I were then and there personally present. And also for me and in my name to take, buy or compound for new Leases or Grants, as well [Page 475] of the Queens Majesty that now is, her Heirs and Successors, as of any other Person or Persons whatsoever. And to compound, give or pay such Fine or Fines, incommes, summe or summes of money for the same new Leases or grants. And to sell any of my Lands, Tenements and Hereditaments or Leases and Chattells reall and personall, or any part of them as to my said Attorney shall be thought meet: And also for me and in my name to accept and take all and every surrender and surrenders of and whatsoever Lease or Leases, Demise or grant Demises or grants by me or any my Ancestors heretofore made or granted. And upon the Surrender or Surrenders to make gtant or cause, &c: other Lease or Leases for me and in my name to any whatsever Person or Persons for terme of 21 years or under or for life or lives and for such yearly Rent and Rents, and for such some and summes of money Fines or incomes to be paid for the same as to my said Atturney shall likewise be thought meet to my most commodity and profit: And also for me, &c: to cancell and make void upon good and reasonable causes and considerations, all every such of my Indentures, Bonds and other Writings whatsoever, or any of them as to my said Commissioner and Attorney shall be thought good. And also for me and in my name to make, seale and deliver, as my sufficient Deed or Deeds in the Law all and singular such Indentures, Bonds, Leases, grants, Deeds, Releases, Acquittances, as well generall as speciall, and other writings whatsoever, as my said Commissioner and Attorney shall think requisite touching and concerning the premisses or any of them or otherwise. And further any Attorney or Attorneys in all and every of the causes or matters aforesaid, under him or me to substitute, depute make and appoint, and at the liberty and pleasure of the same my Commissioner or Attorney, the same to revoke, And finally for me and in my name to compound for, and, follow exercise, speed, execute, accomplish and finish all and every Suits and matters already resting in controversie or moved or hereafter to be moved between me only or me, and others. And any other person or persons, and all and every other thing and things, acts and act whatsoever as well touching or concerning the premisses or any parcell thereof, as otherwise for me and in my name, to do and cause to be done, as fully and wholly as I might should or ought lawfully to do, if I were then and there personally present holding firme and stable, all and every act and acts, thing and things, that my said Attorney and Commissioner shall do, cause, or procure or suffer to be done for me and in my name, in and about the premisses, or any of them by vertue of these presents. Provided alwayes that the power, liberty and authority given to my said Commissioner and Attorney by these presents shall indure untill my departure out of this Realme into the parts beyond the Sea and my [Page 476] returne againe into this Realme and no longer, any thing abovesaid to the contrary, &c. In Witnesse, &c.
A Letter of Attorney for a Wood-sale with allowance for the Attorneys paines.
BE it known, &c. That I I. L. Knight Lord L. do hereby appoint and give warrant and authority to F. M: of L: Gent. to make sale of all my Woods, Under-woods, Hedgerowes, shawes and Trees. of or in the great Parke of N. in the County of S. (except such of the same as I have appointed, or hereafter before the same sale be fully compleat, shall appoint the said F. to leave there standing or grow [...]ng. And the same and every of them to make, convert, imploy, use and dispose after his discretion for my profit and commodity, by all such wayes and meanes as he shall think convenient for me. And all and every the summes of money to be due for the same and every or any part thereof to receive and take up: And a true accompt thereof, and of all his imployment of the said Woods or any part thereof to make unto me when he shall be reasonably called thereunto: And I do not only for me mine Heirs and Executors, covenant and promise to and with the said F: and his assignes as well to ratifie and allow as well all his and their bargaines, dealings and disposition of the said Woods and other the premisses or any part thereof, and to suffer the same and every of them quietly to be had taken and accomplished to all intents and purposes. As also that be the said F. and all other Persons that he shall appoint, shall and may untill the said Woods and other the premisses be fully made, sold, removed and carryed away out of the said Parke, have free ingresse, egresse and regresse into and from the same Park for the making, buying, se [...]ling, ordering, coverting, disposing, removing and carrying away of all and every of the same Woods and other the premisses, in manner and forme as by the said F: shall be thought meet and convenient. But also for me mine Heirs, Executors, and Assignes, I do grant, promise and covenant to and with the said F. his Executors and Assignes, as well to save him and them harmelesse of all such promisses and Bonds, as he the said F. shall make or enter into, to any person or persons concerning the said Woods and other the premisses or any part or parcell thereof, or for the accomplishment of any bargaine, matter or agreement to be by him made, concluded or taken in hand, touching the same or any part thereof. As also to maintain and suffer this present warrant and the authority given and limited thereby to stand and continue in force and effect from henceforth [Page 477] in such sort and until thar he the said F. only shall and may accomplish the said Wood-sale, and the making and ordering of the said Wood, and other the premisses and all things that he shall take upon him concerning the effecting or performance thereof, by reason or occasion of these presents according to the intent or limitation of the same. And that in consideration of the paines and travel of the said F. to be taken about the said Woods and other the premisses he shall have allowance and recompence at the hands of me the said Lord L. and my assignes in forme following. That is to say a shilling upon every pound of all and every the summes of money that shall or may be made or due for the said Woods and other the premisses or any part thereof over and besides the wages and charges to be disbursed to Work-men or Laborers, for and about the making, ordering, or coverting of the said Woods and other the Premisses, or any part therof. And further that in respect of the disbursements made and to be made by the said F. for me the said L. L. of his own proper money, I will make and give unto him some convenient recompence and allowance upon his account aforesaid, over and beyond the payment of all the Summs of money by him disbursed or to be disbursed for me or that I owe or shall owe unto him by any means: All and every which Allowances Recompences and Payments aforesaid, I grant and promise to allow and rebate unto the said F. in his own hands, out of such Summs of money, as he is or shall be accountable to me, for by reason or in respect of the said Woods and other the Premisses, or any part therof, or by means or occasion of these presents, or any thing in them contained or specified: In witness &c.
A Letter of Attorney to receive the Profits of a Parsonage.
BE it &c. That I G. B. Clark, Parson of the Rectory and Parish Church of St. D. B. in L. Street of L. have made &c. I. H. Haberdasher, and W. M. Scrivener, Citizen of L. my true and lawfull Attorneys, joyntly and severally for me and in my name, to ask levy gather recover and receive, all and all manner of Titles Fruits Profits Oblations Casualties Commodities Emoluments and Advantages whatsoever, of the said Rectory Church and Parsonage, or in any wise due, coming renewing or growing, or which hereafter shall come &c from time to time, to me the said G. by reason and means of the said Rectory Church and Parsonage aforesaid, or in the right of the same. And also al and singular the Church-books, and other books of the said church & rectory for me and in my name, to view peruse & see as often as need shall require. And moreover to pay and disburse out of the Receipts [Page 478] by them or either of them to be had, by reason of these presents, all and singular Summs of money, which I the said G. am chargable to disburse or pay for, or by reason of the said Rectory Church and Parsonage: Giving, and by these presents granting to my said Attorneys, and to either of them joyntly and severally, ful power and authority for me and in my name, by all and singular waies and remedies of the Law, to sue and implead, and cause &c. all and every person and persons whom it shall touch and concern, for the said Tithes Fruits Profits and other the Premisses, and every or any of them, or any part or parcell of any of the same: And to recover in all and every the same Suit and Suits, and to sue execution &c. And also to answer and defend in all and singular Actions and Suits for me, with me, or against me, for and concerning the Premisses, and every or any of them, and in the same, or any of them, to win or lose: And also to acquit &c. one Attorney &c. and all &c. ratified &c. In witness &c.
A Letter of Substitution.
TO all men, to whom these presents shall come, W: D: the elder of L: Gent. sendeth greeting in our Lord God everlasting, Where when it pleased the Queens Highnesse, to appoint F. W. of L. Esquire, her Ambassador Leiger in France, then the said F. thinking it meet in his absence to leave some person in trust for his affairs here in England, did therupon by his writing under his Seal, bearing date 23. Novem: An: 13. R. Eliz. make constitute authorize, and put in his place me the said W. D. his true sufficient and lawfull Attorney and Commissioner generall, either by my self or by my lawfull Substitute or Substitutes, as to me should seem most convenient, to execute do and finish, and cause &c. all and singular his affairs and businesses during his absence, and untill his return again into the Realm of E. as in my said Commission at large is contained and expressed.
Now know yee, that I the said W. by warrant and authority of the same Commission, have named ordained appointed and substituted in my place touching the matter only in these presents expressed. A. B. and C. D. Gent. my true lawfull and sufficient Deputies and Substitutes, for and in the name of the said F. W. and to his use, to demand &c. Ici metter ce qu'est destre faiet parles Substituts, for me, to the doing and executing of all and singular the Premisses, I the said W. D. by warrant of my said Commission, do give and grant unto the said A. B. and C. D. full power and authority, and also like power and authority to do all acts and things, to be needfull to be done, in or about the [Page 479] Premisses, or any of them: And to make severall Acquittances if need be for the acquital of every receipt of the Premisses, to be received by the said A. B. and C. D: by vertue of these presents, in as ample manner and form, as I the said W. D. might do my self rating and allowing all and whatsoever that my said Substitutes, for or in the name of the said F. W. shall do or cause to be done in the Premisses, or any of them by these presents. Provided alwaies, that it shall be lawful to me the said W. D. to revoke and annihilate these presents, and the power and authority therby granted at my wil and pleasure: And that from the time of such Revocation therof to be made, these presents, shall be clearly void and of none effect, any thing above mentioned, to the contrary notwithstanding: In witness &c. An. 14. Eliz
A Lease of a House in London, by a man and his Wife who have two parts thereof in the Wifes Right during her life, and by the sonne of the Woman, who hath the third part thereof in Fee, and the Reversion of the other two parts after the Womans decease.
THis Indenture Tripartite made, &c. Between R. S. of A. in the County of H. Gentleman, and C. now his Wife, and late the Wife of E. I. late of A, aforesaid Esquire, deceased, on the first party, and B. I. of A. aforesaid Gentleman, Son and Heir apparant of the said E. I. on the second party, and J. P. Citizen, and J. of L. on the Recitall of the Husband and Wives Freehold Estate in two parts. third party; witnesseth, That whereas the said R: S. and C. his Wife are lawfully seised in their Demesne as of Fee-hold in the Right of the said C. for and during the naturall life of the said C. of and in two parts in three parts to be divided of all that Messuage or Tenement with the Appurtenances sometimes called or known by the name of O. house, late in the Tenure of, &c. and now in the Tenure of the said J P. or his Assigns, scituate, &c. in T. street, on the North side of the same street, against the Capitall mansion house called B. Castle, in the parish of Saint B. alias B. nigh unto P. Wharff within the City of L: and of all Shops Cellars Chambers Rooms Yards Gardens Backsides and other Commodities and Appurtenances whatsoever, to and with the Recitall of the Sons seisure in Fee of the thir [...] part piesently, and of the two parts in Reversion after the womans decease said Messuage or Tenement, now or heretofore used demised let set occupied and belonging, or in any wise appertaining, which sayd Messuage or Tenement with the Appurtenances somtime called, &c. doth abut &c. And where also the said B. I: is lawfully seised in his demesne as of Fee, of and in the third part of the said Messuage or Tenement with the Appurtenances, sometime called &c. and of all Shops, [Page 480] &c. And is also seised as of Fee and Right. of and in the Reversion or Remainder of the said two parts of the said Messuage or Tenement with the Appurtenances somtime called or known by the name of, &c: and of all other the Premisses with their Appurtenances immediatly after the Death and Decease of the said C. S. his Mother.
Now the said R. S. and C. his Wife, for and in consideration of the Demise by the Man and Wife of their two parts for 21. years if the woman so long live. summ of 00 l. of &c. to them in hand &c. whereof &c. have demised &c. and by these presents do demise, &c. unto the said I: P. all those their said two parts of the said Messuage or Tenement with the Appurtenances somtime called, &c. And of all and singular Shops, &c. To have and to hold the said two parts in three parts to be divided of the said Messuage or Tenement with the Appurtenances, and of all the said shops, &c. to the said J: P: his Executors Administrators and Assigns from the Feast of the birth. &c: last past &c: unto the end and term of one and twenty years from thence, &c: And fully to be compleat and Reddend. ended, if the said C: shall happen so long to live, yeilding and paying therefore yearly to the said R and C: and to the said C: if she happen to survive the said R: during so many years of the said term of one and twenty years, as she the said C: shall happen to live, 53 s. 4d of &c. at four Feasts, &c: by even portions:
And the said B I for and in consideration of the summ of &c, wherof Demise by the Son of a third part and the Reversion of the other two parts. &c, hath, &c, and by these presents doth &c. unto the said I. P▪ all that his third part or the said Messuage or Tenement with the Appurtenances, and of all and singular other the Premisses with their Appurtenances, and the Reversion and Reversions, Remainder and Remainders of the said two parts of the same Messuage or Tenement, and of all and singular other the Premisses with their Appurtenances before by these presents mentioned to be by the said R and C demised to the said J P To have and to hold the said third part of the Messuage or Tenement Habend. the third part for 31 years. with the Appurtenances, and of all and singular other the Premises with their Appurtenances to the said I P his Executors, &c, from the Feast of the birth, &c, last &c, unto the end and term of one and twenty yeares from thence, &c, and fully to be compleat and ended. And to have and to hold the said Reversion and Reversions, Remainder and Remainders of the said two parts of the said Messuage or Tenement Habend. the reversion of the two parts after the womans deccase for the residue of the with the Appurtenances, and of all and every other the Premisses with their Appurtenances unto the said J: P. his Executors, &c. immediatly after the death of the said C: untill the end and term, of the said one and twenty yeares next ensuing from of the Feast of the Birth &c: last &c. yeilding and paying therefore yearly to the sayd B I his Heirs and Assigns, during the life of the said C: 26 s. 8 d: of &c: 21 years. Reddend. &c. at four Feasts &c: and yeilding and paying for the said Messuage or Tenement and other the Premisses, from and after the decease of the said And Redden. C: to the said B: his Heirs and Assigns during the then residue of the [Page 481] said term of one and twenty years, the yearly Rent or 4 l: of, &c: at the said four Feasts, &c. And also the said R: S: C: his Wife and B. Demise by the man his Wife and the son of the implements. I. do by these presents demise &c. unto the said I. P. all and singular the Implements Utensills Furniture and Necessaries whatsoever remaining in the Premises, and mentioned and expressed in a schedule indented to these Presents annexed. To have and to hold all the said Implements &c. to the said I his Executors, &c. from the feast &c, last, &c. unto the end and term of one and twenty years from thence &c. And if it shall happen the said yearly Rent of 53 s. 4 d. reserved and agreed in and by For non payment, these presents to be paid to the said R. and C. his Wife, during the life of the said C. or the yearly Rent of 26 s. 8 d. reserved and agreed to be paid to the said B. his Heirs and Assigns during the life of the same C or the said yearly Rent of 4 l. reserved to be paid to the said B if it happen the said C to dye during the said term of one and twenty years to be behind unpaid in part or in all by the space of fourteen days next after any of the said feasts or terms of payment wherein it ought to be paid, being lawfully demanded by the said R and C and B I or his heirs or any of them by the Assignee or Assignees of them or of any of either or any of them, that then it shall be lawfull to and for the said R S and C. his Wife or their Assignes, and to and for the said B I his Heirs For entrance upon the premisses to distrain. and Assigns or for such of them as shall have lawfull Right and Authority to demand have take and receive the said Rents or any of them or any part or parcell of them or any of them which shall be left unpaid by the space of fourtteen dayes after any of the said feasts or termes of payment thereof into the said Messuage or Tenement, and all and singular other the Premisses by these presents demised, to enter and distrain, and the distress so there taken from thence lawfully to bear lead drive and carry away And the same to detaine and keepe untill the said yearly Rent and Rents so being bebind unpaid with the Arrerages thereof, if any such shall be unto the said R S and C his Wife or their Assigns and the said B his heirs or assigns or to such of them, as shall have lawfull Right and authority to have take demand and receive the the same as aforesaid shall be fully satisfied, contented and paid; and the said I: P: for him &c. doth Covenant &c. to and with the said R. Covenant touching reparations. and C. his wife, and their Assigns, and to and with the said B: I: his Heirs and Assigns, and to and with every of them severally by these presents, that he the said I. P: his Executors and Assigns, at his and their own proper costs & charges, all the said messuages or tenements, with the appurt. by these presents, demised, in and by all things well and sufficiently shall repair, sustain, support and maintain, and against Wind and Raine shall make defensible as often and when as need shall require, during the said term, or upon such warning, and within such space after warning as is hereafter mentioned in these presents, and all the Privies or Widraughts to the said Demised Premisses belonging, [Page 482] shall cause to be purged, cleansed, and made clean, and all the Pavements, as well the said Demised Messuage or Tenement, as also in the street to the same Tenement belonging shall cause to be paved, repaired and amended as often as need shall require during the same term, or within such space after warning as hereafter is limited and mentioned. View for reparations.
And also the said I: P: Covenanteth &c. ut antea, that it shall be lawful to and for the said R: and C: and either of them, or their Assigns, or the Assignees or Assigns of either of them, and to, and for the said B: I: his Heirs and Assigns twice in the year, every year yearly during the said term at their liberty and pleasure to enter into all the said parts of the said messuages or tenements, with the appurt. by these presents demised, and there to view and search what Reparations shall be needful to be made and done; and that if, and as often as any default or lack of neeful Reparations shall there happen to be found, that then, and so often from time to time the said I: P: his Executors Administrators or Assigns, at his or their own costs and charges, within one half year next after monition or warning therof to him, or them given by the said R: and C. his wife, or by either of them, or by their or either of their Assigns, or by the said B: his Heirs or Assigns, or by any of them, shall and will repaire, new make, and mend all and every the the same defaults or lacks of needful Reparations without fraud or covin, and in the end of the said term, the said Messuage or Tenement, or other the Premisses, well and sufficiently repaired, amended cleansed, scoured and paved, shall leave and yeeld up to the said R: C: and The Lords to pay quitrent. B: and to the Heirs and Assigns of the said B: And the said R: S. for himself, and the said C: his wife, and either of them, and the Executors and Assigns of them, and of either of them, Covenanteth with the Tenant &c. That they the said R. and C: and their Assigns, and the Assigns of either of them at their own proper costs and charges shall bear and pay two parts, in three parts to be divided of all manner of chief rents and quit-rents due, to be due born or paid by reason of the said Messuage or Tenement, or of any part therof, if any such be; and of and for the same two parts therof shall cleerly acquit and discharge as well the said I. his Executors and Assigns, as all and singular the Premisses, from time to time, and at all times during the said term of 21. years, if the said C: shall happen so long to live.
And the said B. for him &c. Covenanteth with the said Tenant &c. that he the said B. his Heirs and Assigns, at his and their own proper costs and charges, shall bear and pay the other third part of all the said chief rents and quit-rents due, or to be due born or paid out of for or by reason of the said Messuage or Tenement, and other the Premisses, or any part or parcel of the same, if any such be; and if the same third part therof shall acquit &c. the said I. &c. during &c. if the said C. shall so long live; and if the said C. shall depart this present life [Page 483] before the end of the said 21. years, that then, and from thenceforth the said B. his Heirs and Assigns, at his and their own proper costs and charges, shall bear and pay all manner of chief and quit-rents due, or to be due born or paid out for or by reason of the Premisses, or any part therof, if any such be, and therof shall cleerly acquit &c. as well the said I. his Executors and Assigns, as well and singular the said Premisses from time to time during all the residue of the said term of 21. years; and if it happen the rents &c. to be unpaid by the space of For re-entrance in case of no distress to be found. Warranty by the man and woman. a quarter of a year after any Feast or Term of payment therof aforesaid, in which it ought to be paid being lawfully asked, and no sufficient distress for the same can be found within the said Demised Premisses, that then a re-entry &c. and a expulsion of the Tenant. And the said R: S. for himself, and the said C. Covenanteth with the Tenant &c. that he the said I. his Executors Administrators and Assigns, paying the several rents aforesaid at such dayes and times, and in such manner and form, as the same are reserved, limited or agreed to be paid and performed all and every the Covenants, Grants, and Agreements, contained and mentioned in these Presents, which on his or their part or behalf are to be performed, shall or may peaceably and quietly have, hold, occupy and enjoy all the said two parts, of all and singular the Premisses, with the appurtenances, for and during all the said term of 21: years, if the said C. shall so long live without let interruption or disturbance of the said R. and C. or either of them, or of the Assignee or Assignees, of them, or of either of them, and without any lawful let, &c. of any other person or persons whatsoever. And the Warranty by th [...] Son. said B. I. Covenanteth with the said tenant &c. that he the said I. paying the several rents aforesaid, at such dayes &c. shall or may peaceably enjoy &c. the said third part of all and singular the Premisses with their appurtenances, and Reversion and Reversions, Remainder and Remainders, of all and singular the Premisses with their appurtenances, for and during the said term of &c. next ensuing from the Feast &c. without any let &c. general warrranty &c. In witness &c.
A Lease made to the intent the Lessee with the Rents and Profits of the Land, shall pay the Leasors Debts.
THis Indenture, &c. between &c. witnesseth, That whereas the said I. M. is now lawfully seised in fee, of and in one Messuage with the Appurtenances, scituated, &c. of the yearly value of 25 l. of lawfull, &c. and also of and in one messuage with the Appurtenances scituate, &c. of the yearly value of 26 s. one of which said Messuage with the appurtenances E. now wife of the said W. S. hath for her Dower for the term [Page 484] of her life one yearly Rent of 8 l. 7 s, of like money as aforesaid, and also whereas the said J. M. is indebted and doth owe unto divers persons the summ of 178l. 6 s. of such money as is aforesaid accordingly, as is expressed in one schedule annexed to these presents, which summe the said J. is not able presently to pay, and yet minding faithfully that the same shall be paid with such speed as he conveniently may, therefore for and in consideration the said W. S. hath undertaken of the Rents and profits arising of the said Messuage and other the Premisses, to pay and satisfie the Debts aforesaid, owing by the said J. M. rateably to any of his Creditors an equall part according to their severall Debts, as that shall be yearely raised of the said clear yearly profits of the premisses, he the said J. M. hath demised, &c. And &c. to the said W. S. both the said Messuages with their Appurtenances, and all houses &c. and the Reversion and Reversions thereof, to have and to hold the said &c. to the said W. S. his Heirs Administrators and Assigns from &c, by and during the terme of eighteen years from thence, &c: yeilding &c. 21 s. at Michaelmas and our Lady Day, by even portions:
And the said VV: S: covenanteth, &c: that he the said W S his Executors Administrators and Assigns during all the said term of yers, all the premisses, of and with the said Rents and profits of the said Premisses shall and will maintain and sustain in and with all necessary reparations whatsoever thereunto to be needfull from time to time, and that as soon as the said W: S, his Exeentors Administrators and Assigns shall have had and levied the summ of 278l 6s 8d aforesaid upon the premisses in cleare profit beyond all Charges thereof, that then and from thenceforth he the said W: S: his Executors Administrators and Assigns; shall and will wel and truly account to and with the said I M his Heirs and Assignes, of and for all the residue of the said clear profits, and therof shall make due satisfaction to the said I M his Heires and Assignes without any Fraud or Covin.
And the said I M covenanteth, &c: that he the said I to and for his own use, [...] now standeth lawfully sole seised of and in all and singular the Premisses of a good perfect pure and abs [...]lute Estate in the Law of Fee-simple, and that the said Premisses are and from henceforth shall continue cleerly and freely acquitted of and from all former bargaines sales Leases Grants and Incumbrances had made or granted by the said I M And also that the said VV S his Executors Administrators and Assigns shall or lawfully may during the said term of eighteen years hold and enjoy the said &c, according to the true meaning of these Presents without any manner of lawfull let molestation or eviction to come or happen to the contrary by the means occasion or procurement of the said I M in any wise, In Witnesse, &c:
A Lease of a House in the Countrey for Life, with Covenant by the Tenant to pay herriots, beare Charge in time of Warr, and do other Services, which for the Premisses formerly had been accustomed.
THis Indenture &c. Between N. L. of &c. in the County of D. Esquire on the one party, and M B. Daughter of &c. deceased, on the other party, witnesseth, that the said N. for divers considerations, &c. hath demised &c. to the said M. all that his Messuage or Tenement, &c. and all Lands, &c. To have and to hold the said Messuage or Tenement with the Appurtenances, and all and every other the Premisses above demised to the said M, and her Assigns, from the feast of &c. last &c. for and during all the terme of the naturall life of the said M: yeilding and paying therefore yearly, during the said terme of the naturall life of the said M. 25 s. 4 d. of &c. in the feasts of &c. And if it shall happen the said yearly Rent of, &c. or any part thereof, to be behind or unpaid in part or in all by the space of one moneth next after any day of payment thereof as is aforesaid being lawfully demanded, and no sufficient Distress in and upon the Premisses then and there can or may be had or found, that then and from thenceforth a Re-entry &c. And the said M. covenanteth, &c. that she the said M and her Assigns at her and their own proper costs and charges from time to time and at all times during the naturall life of the said M. the said Messuage or Tenement with the Appurtenances in and with all manner of needfull and necessary reparations, shall cause to be repaired maintained and amended as often and when as need shall require: And all the same Premisses so being well and sufficiently repaired in the end of the said terme shall so leave and yeild up.
And the said M covenanteth, &c. That she the said M. her Executors Administrators and Assigns, shall and will not only yeild give and pay unto the said N. his Heires Executors or Assignes, her or their best quick Beast, or the best of her Gods, (if there be no Beast) for and in the name of an Herriot, at the death and departure of every Tenant of the Premisses during the said terme, but also shall and will yearly from time to time during the said term yeild, do, pay and perform to the said N his heirs and assigns, all such customes services and dutyes, as the Tenants of the Premisses or any of them, have heretofore been accustomed to yeild do or performe for the same premisses or any part thereof, and shall also from time to time during the said term, so often as the said N. his heirs or assignes shall be charged for the Warrs of the Kings Majesty his Heires or Successors bear and pay such portion and part towards the same, as the tenants of the Premisses heretofore have been accustomed to bear and pay. A Couenant for generall warranty, A Letter of Attorney to deliver possession in.
A Lease of a Rectory and Parsonage for 300. years conditionall for payment of money, containing very good Covenants, amonst which, one to convey the Fee in case of breach of payment, if the Mortgagee will.
THis Indenture &c. between W: C: of B: in the County of H. Esquire, on the one party, and R: M: Citizen and A. of L on the other party, witnesseth, That the said W. C. for and in consideration of the Summ of 800 l. of &c. wherof &c. hath demised betaken and to farm-letten, and by these presents &c. unto the said R. M. all that the Parsonage Rectory and Church of S. with all and singular the Appurtenances, in the County of E. And the Advowson Gift Presentation free disposition and right of Patronage of the Vicaridge of S aforesaid, and all and singular Messuages Houses Edifices Barns Stables Dove-houses Orchards Gardens Lands Tenements Meadows Feedings Glebe-lands, Tithes of Corn, Grain, Hay, and Wood, and all other Tithes of what kind or nature soever, or by what name or names, they are called or known, Pentions Portions Rents Reversions Services Courts-Leets Views of Frankpledge, Franchises Goods Waifes and Straies Liberties and Priviledges, and all other Rights Profits Commodities Emoluments and Hereditaments whatsoever, with all and singular their rights members and appurtenances, set lying and being, growing coming or renewing, in the Town Feild Parish or Hamlet of S. aforesaid, in the said County of E. or elsewhere in the same County, to the said Parsonage Rectory and Church of S. belonging or in any wise appertaining, or as part parcell or member of the same, now lawfully accepted reputed taken used demised or enjoyed, together with the Reversion and Reversions whatsoever, of all and singular the Premisses, and of every part and parcell therof: And also all Rents and yearly Profits whatsoever reserved upon any whatsoever Demise or Grant, Demises or Grants of the Premisses, or of any part or parcell therof, to have and to hold the said Parsonage Rectory and Church of S. Advowson, Lands Tenements Hereditaments, and all and singular other the Premisses, with their appurt. above by these presents mentioned to be demised to the said R. M. his Executors Administrators and Assigns, from the Feast of &c. last &c. unto the end and term of 300. years, from thence next following, and fully to be compleat and ended, and without impeachment of or for any manner of Wast to be done, of in or upon the Premisses, or any part or parcell therof, at any time from or after the 24. of Dec: which shall be &c. yeilding and paying therfore yearly during the said term, unto the said W. C. his Heirs and Assigns 40 s. of &c. payable at the Feasts of &c: by even and equal portions.
And the said W: C: for him &c. doth covenant with the Lessee in form &c. That is to say, That he the said W. C: the day of the date of these presents, is the very true lawfull and sole Owner of the said Parsonage and Church of S. aforesaid, and of the said Advowson Messuage Lands Tenements Tithes, and of and in all and singular other the Premisses above by these presents demised, and of every part therof, with their appurtenances, and therof and of every part therof, now is and standeth lawfully and sole seised of a good perfect and absolute Estate in the Law, in Fee-simple, without any Condition or Mortgage. And that he the said W: hath full power and lawfull authority to convey and assure all and singular the Premisses and every part therof to the said R. his Executors and Assigns, during the said term, according to the intent and true meaning of these present Indentures; And also that the said Rectory Parsonage and other the Premisses above by these presents mentioned to be demised, now are and be, and during the said term of 300 years, upon and under the Condition hereafter in these presents expressed, shall be and continue, cleerly discharged and acquitted, or otherwise by the said W: his Heirs Executors or Administrators, or some of them, at and upon a reasonable request, from time to time to be made, sufficiently saved or kept harmless, of and from all former Bargains Sales Leases Grants Estates Titles Joyntures Dowers Recognizances Statute-Merchant and of the Staple, Condemnations, Judgments Executions Fines Wills Amerciaments, and of and from all other Estates Charges Titles and Incumbrances whatsoever, had made done caused or knowledged by the said W. or by Sir J. C. Knight, Father of the said W: or by any other person or persons, by his or their, or any of their title assent means or procurement, or lawfully claiming from by or under them, or either of them, the rents and Services from henceforth to be due to the Kings Majesty, his Heirs and Successors, or any of them, for the Premisses or any part therof, and one Lease made by the said W: C: to one N: T: of &c. parcell of the Premisses, wherof there is not to come above three years to be accounted from the Feast of &c. next &c. And wherupon the yearly Rent of 13 l. is reserved, and shall be yearly due and payable during the said term: And also one Grant made to one J. G. of the Advowson, Donation, and free Disposition of the said Vicaridge, together with certain Springs and Copices, parcel of the Premisses, to endure for and untill the 24th. of Decem. &c. only foreprised and excepted.
And also that he the said R. his Executors Administrators and Assigns, shall or may by & during all the said term of 300. years, upon and under the Condition hereafter in these presents expressed, according to the intent and true meaning of these presents, have hold occupy and enjoy the said Parsonage Rectory or Church of S. and the said Advowson Messuage Lands &c. and every part and parcell therof, excepting [Page 488] alwaies in these presents excepted, without lawfull let or interruption of the said Sir J. C. and W: C: their Heirs an Assigns, and every of them, and without any lawfull let &c. of all and every other person or persons whatsoever, lawfully claiming by from or under the said Sir J: and W. or either of them, other then such person and persons for the time being, as shall have or claim to have the said Estates and Interests herein before excepted, or any of them, or any part or parcell of any of them, for and concerning the same Estates and Interests so excepted, and every of them.
Provided alwaies, that if the said W: his &c. do pay to the said R: M: &c. the said &c. the Summ of &c. at &c. on the 24th. day of Decem: Condition. &c. that then and from thenceforth these presents, and every Covenant Grant and Article therin contained, on the part of the said W: his Heirs Executors and Administrators, or any of them to be performed or kept together with these presents, Demise and Grant made of the Premisses in manner and form aforesaid, shall be clearly void frustrate and of none effect: And that then and from thenceforth after such payment made, it shall be lawfull &c. A rentry in Mr. C. &c. only without words of expelling the Tenant: Any to the contrary &c.
And the said W: C: for him &c: covenanteth &c: that if default be made of or in payment of the said Summ of 800 l. or any part therof, that then and at all times during the space of three years, next after such default made in payment of the said Summ of &c. he the said W. his Heirs and Assigns, and all and every other person and persons, any thing lawfully having or claiming, of in or to the Premisses, or any part therof, by or from the said W: C: (except only as before excepted) at and upon every reasonable request, and at the costs and charges in the Law only of the said R: his Heirs Executors or Assigns, or some of them, shall and will do make knowledge and suffer, and cause to be done &c. all and every such lawfull and reasonable act and acts, thing and things in the Law, either for the better confirmation and further assurance of this present Lease, or else for the absolute conveying and assuring of the Fee and Inheritance of the said Rectory &c. to be had and made sure to the said R. his Heirs and Assigns, to and for his and their own use absolutely, without any Condition, as by the said R. his Heirs or Assigns, or by his or their Councel learned in the Laws of this Realm, shall be lawfully and reasonably devised and required.
And the said R. M. covenanteth &c. That he the said R. his Executors and Administrators, shall and will permit and suffer the said W: his Heirs and Assigns, to have the use and occupation of the tithe Barn and Grainers, and of the Yard to the same adjoyning, and of the long Hay-house, for and untill the 28th. day of June, next coming, after the date hereof, without any Rent therfore, paying together; also [Page 489] with free ingresse egresse and regresse, into and from the said demised premisses, and every parcell therof only, for the repairing and amending therof, untill the said 24th of Decem. &c: And that also in the same 24th. day of Decem. all and singular the said demised premisses, with their appurtenances, shall be in as good case and state of reparations, as the same shall be at the Feast of Pentecost next coming after the date hereof, and that in the mean time, until the said 24th of Dec. &c. neither he the said R. his Executors Administrators nor Assigns, nor any of them, shall or will at any time fell, cut down, or carry away, neither cause or willingly suffer to be felled &c. any of the Woods under-Woods or Trees growing, or being in and upon the premisses, or any part therof, other then such as shall be necessary and convenient to be had or taken for House-boot, Hedge-boot, and Fire-boot, to be spent imployed or occupyed of in or upon the Premisses, or some part therof, and not elsewhere: In witness &c.
A Lease of Free-hold land for lives, also a Letter of Attorney to surrender Copy-hold land for the same lives, and to deliver possession.
THis Indenture &c. between Sir L: D: Knight, Citizen and Alderman of L: on the one party, and J: E: of L: in the County of Y: Gent, and E. his wife, on the other party, witnesseth, That the said Sir L. for good considerations him moving, hath demised granted and to farm-letten, and by these presents &c. unto the said I: and E. all and singular the Free-hold, Messuages Lands Tenements Rents Reversions Services and Hereditaments of the said Sir L: within the Lordship and Parish of L: in the said County of Y. now being in the tenure manurance or occupation of the said J: and one A: B: or of their severall Assign or Assigns: And the Reversion and Reversions of the Premisses, and all Rents Issues and Profits whatsoever, reserved upon any former Demise Lease or Grant made or granted of the Premisses, or any part therof; To have and to hold all and singular the said Messuages &c. unto the said J: and E: and their Assigns, from &c. by and during all the term of the naturall lives of the said J: and E: And by and during the term of the naturall life of the longer liver of them, yeilding and paying therfore yearly, during the continuance of this present Lease unto the said Sir L: his Heirs and Assigns 561. of &c. in the daies [Page 490] of the Feasts of &c. or within the space of twenty daies next ensuing, after every of the said Feast-daies, by even portions, and if it happen the said yearly Rent of &c. or any part therof, to be behind unpaid by the space of twenty dayes, over or after any Feast wherin the same, or any part therof ought to be paid as is aforesaid, it being lawfully demanded, and no sufficient and overt Distresse can or may be found in and upon the Premisses, or any part therof, in Money Corn or Cattell, which may be lawfully had taken and carried away for the said Rent, that then and from thenceforth a reentry in Sir L. &c. and a disposition of the Leases and their Assigns &c: any thing to the contrary &c.
And the said J: and E: for them their Executors and Administrators, do covenant &c. in form &c. That they the said J: and E: their Executors and Assigns, at their own proper costs and charges, shall and will well and sufficiently uphold repair sustain maintain and amend all the Houses Edifices and Buildings to the said demised Premisses, or to any part therof belonging or appertaining, in by and with all manner of needfull and necessary Reparations whatsoever, at all times, and from time to time, as often and when need shall require, during the continuance of this present Lease: And also at their like costs and charges, shall and will well and substantially Hedge Fence Ditch Scour Cleanse and Amend all and every the Hedges Fences Ditches and Enclosures to the Premisses, or any part therof belonging, from time to time likewise, as often as need shall be, during the continuance of this said Lease. And all and singular the Premisses in such Reparations being in the end or determination of the same Lease, shall and will quietly leave and yeild up to the said Sir L: his Heirs and Assigns. And also that they the said I: and E: their Executors and Assigns, by and during so long time as this Lease shall endure, shall and will discharge and pay all the chief and quit-rents, and other Services and Duties hereafter to grow due to be paid and done, for and in respect of the said Premisses, or any part therof as aforesaid: And of and for all the same Rents Services and Duties hereafter to be due, shall and will at all times hereafter sufficiently save and keep harmless the said Sir L. his Heirs and Assigns, and every of them.
And the said Sir L: D: for him his Heirs and Assigns, and every of them doth covenant promise and grant to and with the said I: E: and E: their Executors and Assigns by these presents, That they the said I. and E. their Executors and Assigns, by and under the payment of the said yearly Rent of &c. and performance of other the Covenants Grants Articles and Agreements above expressed, on the behalf of the said J. and E. their Executors or Assigns, or any of them to be done and performed, shall or may by and during the term of the naturall lives of the said J and E: and the longer liver of them, have hold occupy and enjoy the said &c. without any let trouble or interruption of the said Sir L. his Heirs or Assigns, and without any lawfull let &c. of any other person or persons, having or lawfully [Page 491] claiming, or which shall have or lawfully claim to have any former Estate Right or Title in or to the Premisses, or any part therof, by or from the said Sir L. In witnesse &c.
The Letter of Attorney depending upon the former Indenture:
TO all to whom Sir L. D. &c. sendeth geeeting &c. Know yee, that I the said Sir L. have made ordained and appointed, and by these presents do make &c. J. L. Gent. my true certain and lawfull Attorney for me and in my stead and name, as well to make a lawfull and sufficient Surrender of all my Copy-hold Messuages Lands Tenements and Hereditaments whatsoever, in the Lordship of L: in the County of Y: unto the use of I. E: and E. his wife, for and during the naturall lives of the said J: and E. and the longer liver of them, upon condition that the said J. and F: and the Survivor of them, shall well and truly content and pay unto me the said Sir L. D. mine Heirs and Assigns, the yearly Rent of 56 l. mentioned in an Indenture dated &c. and perform such Covenants and Agreements as in the same Indenture are contained, in manner and form as in the same Indenture is mentioned and specified: As also for me and in my name and stead, to deliver quiet and peaceable Possession and Seisin to the said J. and E. and their Assigns, of and in all and singular the Messuages &c. demised by the said Indenture, or of, or in any part or parcell therof, in the name of the whole; to hold to them the said J. and E. their Executors and Assigns, according to the tenor purport and true meaning of the said Indenture; Giving and granting to my said Attorney, all my whole power and authority, for the doing and executing of the Premisses, in as large and ample manner and form, as I my self might or could do, if I were personally present, ratifying, and by these presents holding firm and stable, all and whatsoever my said Attorney shall do or cause &c. in or about the Premisses, or any matter or circumstance therof: In witnesse, &c.
A Mortgage of Land to two in Common.
THis Indenture between the Right Honorable F. Earl of B. &c. on the one part, and R. M. Citizen and Goldsmith of L. and I: B: Citizen and Merchant of L. on the other part witnesseth, that the said Earl for and in consideration of the summ of 1000. pounds Consideration 1000 l. of lawful &c. to him the said Earl, before the ensealing of these presents, paid by the said R: and I: wherof &c. hath bargained, given, sold, Sale to two of a Rectory, &c. and granted, and by these presents, for himself and his Heirs doth fully, clearly and absolutely bargain, &c. unto the said R. and I. their Heirs and Assigns for ever, all that the Rectory, Parsonage, Sheafe, Tithe, grain and corn of C. in the County of B: and all the Mansion House and other Buildings of the said Rectory and Parsonage, and all the Gleeb-Lands, Meadows and Pastures, with the appurtenances whatsoever to the same Rectory or Parsonage belonging, or in any wise appertaining; and also all that the Mannor of W: in the said County of B: with the appurtenances, and all Houses, Buildings, Lands, Tenements, Meadows, Pastures, Woods, Rents, Reversions, Services, and Hereditaments whatsoever to the same Mannor belonging or appertaining or accepted, reputed, taken, known, used or occupied, as part, parcel, or member thereof, together with all and singular other Lands, Tenements, Meadows, Pastures, Woods, Rents, Reversions, Services, and Hereditaments of him the said Earl whatsoever in C: and W: aforesaid in the said County of B: and all and singular Courts-Leets, Liberties, Priviledges, Franchises, Profits, Commodities and Jurisdictions, which he the said Earl hath or had, or may or ought to have in or upon the Premisses, or any part therof, to have, hold, occupy and enjoy Habend of the one moiety to the one in Fee. the one moiety of all and singular the said Rectory, Parsonage, Garbe, Sheaf, Tithe, Grain and Corn of C: aforesaid, the Gleab Land, and other the Premisses to the same Rectory or Parsonage belonging, and also the one moiety of all the said Mannor of W. with all the Lands, Tenements and Hereditaments to the same Mannor belonging, with all Lands, Tenements, Rents, Reversions, Services and Hereditaments and other the Premisses, with all and singular their appurtenances before bargained and sold to the said R. M. his Heirs and Assigns for ever, to and for the only use and behoof of the same R: M: and of his Heirs and Assigns for ever, and to have and to hold one other moiety of the said Rectory and Parsonage with the appurtenances, and of the said Mannor of W: with the appurtenances, and of all and singular other the above bargained premisses to the said I: B: his Habend. of the other moiety to the other in Fee. Heirs and Assigns for ever, and to the only use &c. to be holden of the chief Lord and Lords, of the Fee and Fees therof by the Rents and Services therof before due and accustomed.
And the said Earl for him his Heirs Executors and Administrators, and every of them, doth Covenant and Grant to and with the said Covenants with the Grants jointly for Seisure in Fee. R. M. and I. B: and either of them severally, and severally to and with the Heirs Executors Administrators and Assigns, of either of them, in manner and form following, that is to say, That he the said Earl at the sealing and delivery of these presents is lawfully sole seised of and in the said Rectory, Parsonage, Mannor, Lands, Tenements and all other the premisses with the appurtenances before bargained and sold, of a good, perfect, sure, and indefeasible estate in the Law in Fee-simple, to and for the only use of the said Earl, and of his Heirs and Assigns, without any Defeasance, Condition or Mortgage.
And that he the said Earl of such estate, hath full power, and lawful Authority to sell. right to bargain, sel, give, grant, convey, and assure all and singular the said Parsonage and Mannor, with their appurtenances, and all other the Premisses, with their appurtenances, unto the said R: and I: their Heirs and Assigns in form aforesaid for ever; and that the said Rectory, Mannor and Premisses, now are, and during such Leases and Yearly value during the present Leases. Terms of years as are therin, or in any part therof yet to come, shall continue of the clear yearly value of 80 l. of &c. by the year, over and above all charges, reprises and deductions, and of the same clear yearly value, or of the clear yearly value of 100 Marks of &c. by the Lease Coninuance of the value to the Owners of the Reversion. Discharge of Incumbrances, shall or may lawfully remain and continue unto the owners of the Reversion or Reversions therof and to their Heirs for ever.
And also the said Earl Covenanteth &c. That as well the said Rectory and Parsonage, Mannor, and all other the Premisses with the appurtenances, as also the said R: and I: and every of them, their and either of their Heirs Executors and Administrators, for and in respect of the same Rectory and Mannor, and other the Premisses, now be, and from time to time, and at all times from henceforth shall and may be, remain and continue for ever, full and clearly acquitted and discharged, or otherwise by the said Earl his Heirs Executors and Administrators, at all times well and sufficiently saved harmless, of and from all and all manner of former Bargains, Sales, Feoffments, Gifts, Grants, Leases, Demises, Wills, Devises, Uses, Entailes, Jointures, Dowers, Titl [...]s and Rights of Dowers, Statutes Merchant, and of the Staple Recogn sances, Writings, Obligations, Judements, Condemnations, Executions, Penalties, Forfeitures, Issues, Amerciaments, Intrusions, Rents Charge, Rent seck, Fines for Alienation without Licence by these Presents or otherwise, and of and from all other charges burdens and Incumbranc [...]s whatsoever they be had made done or committed by the sa [...]d Earl, or by any other person or persons, at or before the ensealing and delivery of these presents all and every Lease and Exception of Leases, and of the chief rents. Leases, Grants, and Estatets, before this time made to any person or persons of the Premisses, or any part therof, upon which Leases, [Page 494] Grants and Estates the old yearly Rents, or more are reserved, and during the continuance of the same, and every of them shall be yearly due and payable to the Owners of the Reversion of the same Premisses without fraud or covin, and the chief Rents and Services hereafter to be due to the chief Lord or Lords of the Fee or Fees therof in respect of their Seignories, only alwayes except.
Provided alwayes, That if the said Earl, his Heirs, Executors, Administrators Conndition to have again the estate for the payment of 500 l. to one and 500 l. to the other. or Assigns, do pay, or cause to be paid unto the said R. M. his certain Atturney, Executors or Administrators, the summ of 500 l. of &c. at &c. of the said R. &c. on the first day of March next, &c. between the houres of &c. That then this present bargain and sale, and all uses raised or conveied by this present Deed, and all estates passed and transferred from the said Earl to the said R. his Heirs and Assigns, by vertue and effect of these presents, of all that one Moiety of all the said Rectory or Parsonage with the appurtenances, and of the said Mannor with the appurtenances, and of all and singular other the Premisses with their appurtenances. shall utterly cease and be void, and that then, and from the time of the said 500 l. to the said R. M. his certain Atturney, Executor or Administrator, or any of them so paid as aforesaid it shal be lawfull to the said Earl, his Heirs and Assigns, into all that Moiety of all and singular the Premisses before by these presents conveyed to the said R. M. and his Heirs to re-enter, and the same to have again, as in his or their former estate, these presents, or any thing therin contained to the contrary notwithstanding.
And also provided alwaies, that if the said Earl, his Heirs &c. do pay to the said J: B: &c. 500 l. of &c: at &c. on the said first day &c. between the said hours &c. that then &c. Viz: Defeazance of the Estate of J. B. of the other Moyety of the Premisses.
And the said Earl covenanteth &c. That if he b [...]eak the Condition Farther assurance in case of breach. In case of payment the Mortgagees to stand seised to the Mortgagors use and do acts for releasing &c. &c. then to make severall further assurances &c.
And the said J. B. covenanteth &c. That if the said Earl, his Heirs Executors or Assigns, do pay or cause to be paid unto the said J: B. his certain Attorney Executor or Administrator, the summ of 500 l. of &c. in manner and form afore appointed in these presents▪ that then and from thenceforth the said J his Heirs and Assigns, shall be and stand and be seised of all that Moyety of all the Premisses conveyed to the said J. B. and his Heirs as abovesaid, to the only use of the said Earl, his Heirs and Assigns: And that then also and from thenceforth the said J. his Heirs and Assigns, at all times during six months, from thence next ensuing, at the reasonable request and costs and charges of the said Earl, his Heirs Executors or Assigns, shall and will do make knowledge and execute, all and every such act and acts, thing and things, devise and devises whatsoever in the Law, as by the said Earl his Heirs or Assigns, [Page 495] or by his or their learned councel in the law, for the better releasing and having back again, of all the said Moyety of all and singular the Premisses, with the Appurtenances, before conveyed to the said I. B. and his Heirs, shall be rasonably and lawfully devised or advised, with warranty only against the said J. B. and his Heirs. The like Covenant on the part of R. M.
And also the said R: and J: for them, their Heirs and Assigns, do The Mortgagees to permit the Mortgagor to enjoy the Rents of the Premisses, till the time of Redemption. grant and agree by these presents, that the said R. and J: their Heirs and Assigns, shall permit and suffer the said Earl his Heirs and Assigns, to have take and enjoy the Rents and usuall Profits of the Premisses, from henceforth, untill the first day of March, now next coming, without any account therof, or of any part therof, to be made or given to the said R: and J. their Heirs or Assigns, or any of them: In witness &c. A Recognizance of 1000 l. to R. M: and another of another, 1000 l. to J. B. from my Lord, made for performance of these Covenants.
A Mortgage of Land to save harmlesse of certain Bailes and Suretiships.
THis Indenture &c. between I: B: Citizen and Grocer of L. on the one party, and R. B. &c. on the other party, witnesseth, That wheras the said R. B. with the said J. B. and at his speciall request, and for the only Debt of the same J. by one Obligation dated &c. did become joyntly and severally bound unto A. M. &c. in the summ of 120 l. of &c. for the payment of 100 l. of like money to have been paid at a day now past, as by the said Obligation and Condition therof more plainly may appear.
And wheras the said R. and one J. S. Salter, at the entreaty, and by the speciall means of the said R. B. have taken the said J. B. to bail in an Action of Trespasse, the damage laid at 224 l. brought against the said I: B: in the Compter in W: in L: at the suit of M. S. Goldsmith, and W. C. Grocer, as by the Records remaining in the Compter aforesaid will appear.
And where also the said R. B. and J. S. at the entreaty, and by the means of the said R. B. have taken the said J. B. to bail in the Compter in the Poultrey in L. in an action of Deb [...] of 89 l. 12 s. 7 d. there brought against the said J. B. at the Suit of one R. T. &c. as by the Records &c.
And whereas moreover one M. C. of the Town of S. Draper, by an Attachment made in London, as of Goods of the said M. S. and W. C. supposed in the hands of the said J. B. had recovered against the [Page 496] same J. 47 l. 2 s. 6 d. of &c. wherupon the said J. hath now brought a Writ of Error, and upon allowance of the same Writ, the said R. B. and J. S. as in that case is accustomed, are become Sureties for the said I. B. and where also the said R. B. hath under-taken to save harmlesse the said I. S. of and for all the Premisses.
Now the said J. B. for and in consideration, that the said R. B. his Heirs Executors and Administrators, and every of them, and all the Lands Tenements Goods and Chattels of the said R. B. his Heirs Executors and Administrators and every of them, from time to time and at all times hereafter, shall as well be clearly saved and kept harmlesse, of and for all and singular the Bonds Bails Suretyships and other charges whatsoever, here above in these presents expressed and recited. As also therof & therfrom shall be clearly discharged, at or before such time as thereto is hereafter assigned in these presents; Hath given granted bargained and sold, and by these presents &c. to the said R. B. and to his Heirs and Assigns for ever, all that Messuage and Tenement with the appurtenances, some time in the tenure and occupation of one T. R. late parcell of &c. scituate in the Parish of St. B. in L. commonly called the Griffin, and now or late being in the proper occupation of the said J. B. And all and singular Houses Buildings Yards void Grounds Profits Commodities Easements and Hereditaments to the said Messuage and Tenement belonging or appertaining, or therwith as any part therof, now or at any time heretofore had used or occupied; And the Reversion and Reversions, of all and singular the Premisses: And all the Estate Right Title and Interest of the said I. B. of in and to the Premisses, and every part and parcell therof, and all and singular Deeds Evidences and Writings, touching or concerning the premisses, or any part therof: To have and to hold the said Messuage and Tenement, with their appurtenances, and all and singular the premisses above bargained and sold, with their appurtenances, to the said R. his Heirs and Assigns for ever, to the only use &c. And wheras the late Dean and Chapiter of the Cathedrall Church of St. P. in L. by their Indenture of Lease under their common Seal, bearing date &c. did demise and let to Farm the said Messuage and Tenement, with the Appurtenances, unto one R. D. then Citizen &c: to hold to him and his Assigns from the Feast of &c. unto the end of 98. years, from thence next following, for the yearly Rent of 5 l therfore yearly to be paid, as by the said Indenture of Lease &c. the residue of which Lease and term of years now to come, by lawfull conveyance in the Law, by means of the said I. B. and intrust to be assigned and conveyed, at the pleasure and appointment of the said I. B. and of his Assigns, is to come unto M. C. of &c. J. C. and W. C. &c. The said J. B. for the better surety and assurance to save and keep harmlesse the said R. B: his Heirs Executors and Administrators, [Page 497] and every of them, of and for the Bonds Bails Suretyship and Charges aforesaid, hath delivered bargained and sold to the said R. B: the said Indenture of Lease, and all conveyances therof. And by these presents covenanteth &c. That the said M. C. I. C. and W. C. or the Survivors or Survivor of them, on this side the 24. day of June, which shall be in the year of our Lord God &c. shall plainly and lawfully convey assign and set over all their Estate Interest and Term of years, of and in the said Messuage and Tenement, with the appurtenances yet to come, and the said Original Indenture of Lease therof, and all conveyances of the same, unto such person or persons as the said R. in that behalf shall name and appoint.
Provided alwaies, that if the said I. B. his Executors Administrators or Assigns, shall as well procure and cause that the said R. B. his Heirs Executors and Administrators, on this side the said 24. day, which shall be &c. shall be clearly and absolutely acquitted and discharged, of, from, and from all the Bonds Bails and Suretyship aforesaid, and all other Charges wherwith the said R. B. hath charged himself from the said J. B. as aforesaid, as also in the mean time, from time to time, do well and sufficiently save harmlesse the said R. B. his Heirs Executors and Administrators, and all his and their Lands Tenements Goods and Chattels of and for the Bonds Bails Suretyships and Charges aforesaid, wherwith they or any of them may be charged as aforesaid, that not only the Gift Grant Bargain and Sale of the said Messuage and Tenement and other the Tenements above made by these presents to the said R. B. and his Heirs: But also the said Grant and Assignment of the said Lease, and of all other the Premisses above bargained, or covenanted to be bargained, shall be utterly void and frustrate. And that then and from thenceforth it shall and may be lawfull as well to and for the said I. B. his Heirs and Assigns, into the Free-hold of the above bargained Premisses, wholly to re-enter, and the same to have again, as in his or their former Estate, as also for the said M. C. &c. or the Survivors or Survivor of them, their Executors or Administrators, or any of them, at and by the appointment and agreement of the said I. B. his Heirs or Assigns, into the said Messuage and Tenement, with the Appurtenances, for the residue of the term of years aforesaid then to be to come also to re-enter, and the same as in their former Estate to have again, these presents or any thing therin contained, to the contrary in any wise notwithstanding.
And also the said I. B. covenanteth &c. in form &c. That he the said I. B. now at the ensealing and delivery of these presents, is and standeth lawfully and solely seised, of and in the said Messuage and Tenement, with the Appurtenances, of a good perfect sure absolute and rightfull Estate in the Law in Fee-simple, either in possession or in Reversion, immediatly expectant upon determination of the Lease and term of [Page 498] years abovesaid, without any condition or limitation of use or uses, and that of such Estate, the said J. B. hath good lawfull and absolute right and authority to give grant bargain sell and assure the said Messuage and Tenement, with the appurtenances, to the said R. B. his Heirs and Assigns for ever, to and for the only use of the said R his Heirs and Assigns for ever. And that the said Messuage and Tenement, with the appurtenances, now are, and from henceforth shal be stand and continue unto the said R. B. his Heirs and Assigns for ever, cleer and cleerly discharged and acquitted, or otherwise at all times sufficiently saved harmlesse, of and from all and singular former Bargains Sales Gifts Grants Leases Estates Titles Charges and Incumbrances whatsoever, the old accustomed Rents and Services hereafter to be due, to be paid and done to the chief Lord of the Fee or Fees of the Premisses, in respect of their Seigniory only, and the said Lease for years to be conveyed and assigned over, at and by the appointment of the said R. B. his Heirs and Assigns as aforesaid, only except and foreprised.
And also that if it do happen the said Messuage and Tenement, with the appurtenances, upon the condition aforesaid, shall be forfeited to the said R. B. and his Heirs, that then and at all times during three years then next following; the said J. B. and M. now his wife, and the Heirs of the said I. B. at and upon every reasonable request, and at the costs and charges in the Law only of the said R. B. his Heirs Executors and Assigns, shall and will do make knowledge suffer and execute, and cause, to be done &c. all and every such further act and acts thing and things in the Law, for the further and better conveyance assurance and sure making of the said Messuage and Tenement, and other the above bargained Premisses, with their appurtenances, to be had conveyed and made sure to the said R. B. his Heirs and Assigns, for their own use for ever, as by the said R. B. his Heirs or assigns, or by his or their Councel learned in the Laws of this Realm, shall be lawfully and reasonably devised or advised, be it by Fine Feoffment, Deed or Deeds inrolled, release with warranty against all men, or without warranty, Recovery with Vouchers or Voucher, or by any other lawfull way o [...] means whatsoever. And the said R. B: covenanteth &c. to permit and suffer the said I. B. and his Assigns, to occupy the said Messuage and Tenement, with the appurtenances, keeping the same well and sufficiently repaired in all things, untill the said &c. which shall be &c. so as the same Messuage and Tenement be not in the mean time forfeited to the said R. B. and his Heirs, upon the condition above in these presents expressed, and not otherwise: In witness &c.
A Lease of a house by Tenant in Taile well passed.
THis Indenture, Between R. H. Son and Heir, &c. on the one party and T W. Citizen and Stationer of L. on the other party, witnesseth, that the said R. H. as well for and consideration of the sum of 33 l. 6 s. 8 d. of &c. to him, &c. truly paid by the said T. W: (of which summ the said R: H. acknowledgeth the Receipt by these presents, and also for and in consideration of the summ of 60 l: of like lawfull money, &c. by the said T. W. his Executors Administrators or Assigns to be paid to the said R H his Executors Administrators or Assigns at the shop now in the occupation of the said T. W. scituate, &c. within twenty dayes next after the said R. H, shall have accomplished his full age of one and twenty years, and have without fraud or covin made & delivered unto the said T. W. his executors administrators or assigns one good lawfull and sufficient confirmation in Writing of this present demise and Lease at the said shop; hath demised granted and to farm letten, and by these presents doth, &c. unto the said T. W. all the said shop now in the Tenure or occupation of the said T. W. set and being in P. Church yard aforesaid, and all those yards and hedges with their Appurtenances late in the tenure or occupation of &c. and now in the tenure or occupation of one R. B. &c. set and being in P. Church Yard aforesaid on the back side of or neer unto the shop, late in occupation of the said &c. and now in the tenure or occupation of the said R. B. set and being in or neer the said Church-yard.
And moreouer all those two upper Chambers or roomes with the appurtenances late in the tenure or occupation of the said T. W. or his assigns, and now in the tenure or occupation of the said R, B. set and being over or neer unto the said shop, now in the occupation of the said R. B. except and alwaies reserved out of this present demise, and grant the Cellar under the said shop with free ingresse, egresse and regress, into and from the said Cellar by the way and dore which is now used to the same Cellar for and during all the terme of years hereafter in these presents mentioned for him the said R. his Heirs, Tenants, farmors and Assignes of the same Cellar▪ and his and their Servants and family: To have and to hold all and singular the premisses above by these presents demised or mentioned or to be demised with the appurtenances (except before excepted) unto the said T. W. his Executors Administrators and Assignes, from the sealing and delivery of these presents unto the end and terme of 21 years from thence next ensuing, and fully to be compleat and ended. Yeilding and Paying therefore yearly during all the said terme unto the said R. H: and to the Heirs of his Body lawfully to be begotten, and for [Page 500] default of such issue to such other person or persons unto whom the next and immediate remainder or reversion of the premisses, shall for the time being, during the said terme of 21 years of right belonging or appertaining 6 l. of &c. at foure terms ot Feasts of the yeare, that is to say, at the Feasts of &c. or within 28 dayes next after every of the same Feasts by even portions: And if it shall happen the said yearly Rent of 6 l. to be behind unpaid in part or in all by the space of 28 dayes next after any of the said Feasts of payment, being lawfully demanded (and no sufficient distress for the same Rent, so being behind unpaid, in or upon the said demised premisses can or may be found) Or if default shall be made of or in payment of the said summe of 60 l. or any part thereof within the time before limited That then or at any time after it shall and may be lawfull to and for the said R. H. or the Heirs of his Body lawfully to be begotten, and for default of such issue to such other person or persons unto whom the next and immediate remainder, or reversion of the premisses shal for the time being belonging and appertaining into all and singular the above demised premisses with the appurtenances wholly to reenter, and the same to have againe and re-enjoy, as his or their former estate. And the said T: W. his Executors, Administrators, and Assignes, and all other Tenants and occupiers of the premisses, from thence utterly to expel and amove: These presents or any thing therein contained to the contrary thereof, notwithstanding. And the said T: W. for him his Executors, Administrators and Assignes, covenanteth and granteth, to and with the said R. H. his Heirs and Assignes, and every of them by these presents in forme following, that is to say, that he the said T W. his Executors, Administrators, or Assignes, at his and their own proper costs and charges, all and singular the said demised premisses in by and with all manner of needfull and necessary reparations, thing and things whatsoever, well and sufficiently shall repaire, support, sustaine, maintaine and amend from time to time, as often, and when as need shall be or require, during the said terme, or from time to time within the time after warning in that behale to be given as is hereafter limited, during the continuance of this present Lease and demise, to enter into all or any the said demised premisses there to view and use and oversee the estate of the reparations of the said demised premisses and of every or any part thereof, and of all decayes and lacks of needfull reparations upon any such view or views found to give monition & warning to the said T. W. his Executors Administrators or Assignes to repaire and amend the same with in three moneths then next following. And the said R. H: for him his Heirs Executors and Administrators, and every of them Covenanteth and granteth to and with the said T: W: his Executors Administrators and Assignes, and every of them by these [Page 501] presents in manner and forme following that is to say, that he the said R: H. his Heirs Executors Administrators and Assignes, at his and their own proper costs and charges shall and will from time to time during the said terme of 21 years pay beare and discharge all chief and quit-rents and all other Rents whatsoever (except only the Rent above in these presents reserved to be due issuing or going out of the premisses above by these presents mentioned to be hereby demised or any part thereof at any time or times during the said terme. And of for and concerning the same chief and quit-Rents, and all other Rents aforesaid (except before excepted) shall and will well and sufficiently discharge, accquit or save harmelesse the said T: W. his Executors, Administrators, and Assignes, and the said demised premisses from time to time, and at all times during the same terme: And also that he the said T. W: his Executors Administrators and Assignes for the said yearly Rent of 6 l. in forme aforesaid to be paid and under and according to the other Covenants, Grants, Atticles, and agreements in these presents contained on the part and behalfe of the said T. W: his Executors, Administrators, and Assignes to be observed, performed, and kept, shall or may lawfully, peaceably, and quietly have, hold, occupy and enjoy all and singular the premisses above by these presents demised or mentioned to be demised by and during all the said Terme of one and twenty yeares without any let, disturbance, eviction, molestation, or interruption of the said R. H. his Heirs, Executors, Administrators or Assignes, or any of them or of the Heirs, Executors, Administrators or Assignes of the said J. H. and S: his Wife, or either of them, or of any other person or persons, by the means assent, consent or procurement of the said R. H. his Heirs, Executors, Administrators or Assignes or any of them, or claiming, or that shall claim by through or under the estate, right, title or interest of the said J. H. & S: his Wife and R. H. or any of them, or of the Heirs Executors Administrators or Assignes of them or any of them, other then only the said W. A. and his assignes claiming only by vertue or colour of a Lease by the said J H. heretofore to him the said W: made and granted of the said Yard and sheds, which Lease shall expire and end within one year now next comming, the Rent upon which Lease during the continuance thereof shall be due and payable to the said T. W. his Executors, Administrators and Assignes: And moreover that he the said R. H. his Heirs, Executors and Assignes, and all and every other person and persons, having or claiming, or that shall have or claime any estate, right, title or interest, in or to the premisses above by these presents mentioned, to be demised or any part thereof by from or under the said R: H. (other then only the said W. A. and his Assignes claiming only by force of the said excepted Lease, and for, [Page 502] and concerning the title, and interest only of the same Lease, shall and will from time to time, and at all times hereafter during the said terme of 21 years, at and upon every reasonable request, and at the costs and charges in the Law of the said T. W: his Executors, Administrators or Assignes, do make, knowledge, and suffer to be done, all and every such further act and acts, thing and things, devise and devises, in the Law whatsoever, for the confirmation, ratification, and corroboration of this present Lease and demise, or for the further or better assurance, or sure making of all and singular the premisses to be had and made sure to the said T. W. his Executors, Administrators and Assignes, for and during all the Residue of the said terme of 21 years then to come and unexpired, and for and under like Rent, Condition and covenants on the part of the said T. W. his Executors, Administrators and Assignes, as in these presents are expressed and specified. As by the said T: W: his Executors, Administrators, or Assignes, or his or their Councell learned in the Lawes of this Realme, shall be devised or advised and required. And further that he the said R: H: nor his Heirs nor any other person or persons for him or in his name, or by his means assent, consent or procurement, shall at any time or times hereafter, do or make any entry, act or acts, thing or things, devise or devises whatsoever, directly nor indirectly, to defeat, frustrate or make void this present Lease, demise or grant, contrary to the tenor, intent and plaine meaning of these presents In Witnesse, &c:
LEASES.
A Lease by a Master and Fellows of a Colledge.
THis Indenture made, &c. Between the right Worshipfull A. B. Doctor of Divinity and Master of the Colledge of &c: in the University in Oxford and the fellows of the same Colledge of the one part, and C. D. E. F. and G. H. of &c. of the other part. Witnesseth, That the said Master and fellows, as well for and in consideration of the Surrender of a Lease, bearing date, &c. made and granted by J. D. then Master of the said Colledg and the Fellows of the same to one T: H. of the Rectory and Church of G. in the County of York, for the terme of 41 years, as by the same Lease more at large it doth and may appeare, whose estate in the same the said C: D. E. F. and G. H. had at the time of the said Surrender. As also for divers other good causes and considerations them moving, Have demised, granted and to farme let unto the said C. D. E. F. and G. H. All that the said Rectory and Parsonage of G. with all Gleeb Lands, Tenths, Tithes, oblations, obventions, profits, Commodities, and Hereditaments whatsoever to the said Rectory or Parsonage belonging, or in any wise appertaining, or accepted, reputed, taken, known used or occupied as part, parcell or member of the same (The Advowson, Presentation and avoidance at all time of the Vicaridge of the same Church, whensoever it shall happen to the said Master and fellows and their Successors only excepted and foreprized) To have and to hold the said Rectory and Parsonage, Tithes, Glebe Lands, Tenths, Oblations, Obventions, Profits, Commodities, and Hereditaments whatsoever with all and singular the appurtenances unto the said C: D: &c. their Executors and Assignes, from the Feast day of &c: next ensuing the date hereof, unto the full end and Terme of 21 years from thence next ensuing, and fully to be compleat and ended, yielding and paying therefore yearly during the said Terme unto the said Master and Fellows and their Successors and Assignes 20. l of lawfull money of England, and more six Quarters of good Wheat, and 28 quarters of good Mault at one Terme in the yeare, that is to say, on the second day of March yearly in the said Colledge at their [Page 504] own proper costs and charges during the said Terme. And for default of delivery of either the said Wheat or Mault, in the time appointed to be paid in manner as is before specified to the said Master and Fellows and their Successors, so much ready money as the best Wheat and Mault, rateably shall be worth in the Market of Oxon, the next Market day before the second day of March aforesaid: And if it shall happen the said yearly Rent of 20 l. the said six Quarters of Wheat the said 28 Quarters of Mault, or any part or parcell thereof to be behind and unpaid in part, or in all by the space of 22 dayes next after the said second day of March, in which it ought to be paid at the place aforesaid. That then this present Indenture shall cease and determine, and be utterly void and of none effect.
In witnesse whereof the said Master and Fellows to that part of these present Indentures remaining with the said C: D. &c. Have set their Common Seale, And to that part remayning with the said Master and Fellows the said C: D. &c have set their Hands and Seales, the day and yeare first above written:
An Indenture whereby the Lessor demiseth another Tenement, if the Lesse be evicted of the first.
THis Indenture, &c. Witnesseth, That the said A. B. Hath demised, granted, set, and to farme let, and by these presents for him his Heirs, Executors, Administrators and Assignes, doth demise, grant, set and to farme let unto the said C. D. his Executors, Administrators and Assignes, All that Messuage or Tenement, Scituate and being in L. in the said County of &c: commonly called or known by the name of &c: with the appurtenances, together with two Orchards and certaine closes, clausures and parcells of arable Land, Meadow, Pasture and Turbary with the appurtenances hereafter in these presents particlarly named and set, lying and being in &c. To have, hold, occupie and enjoy the said Messuage, Closes, Clawsures and parcells of Land, and all other the premisses with all and singular their appurtenances, and every part and parcel thereof to the said C. D. his Executors, &c, from the feast &c. last past before the date hereof, for and during, and to the full end and terme of, &c. years then next ensuing and fully to be compleat and ended, yielding and paying therefore yearely during the said terme unto the said A. B. his Heirs and Assignes the summe of &c. at the two usuall Feasts, &c. for all manner of Rents, Duties, services, boones, taxations, charges and impositions whatsoever: And further This Indenture witnesseth. That if it fortune the said Messuage, Closes, Clausures and premisses, or any of them, or any part or parcell thereof at any time or times hereafter during the said terme of &c. before by these presents granted and demised as aforesaid, by order and due course of Law, or otherwise to be lawfully recovered, evicted or taken from or out of the possession or occupation of the said C. D. his Executors or Assignes without any Covin or Collusion of the said C. D. his Executors or Assignes. So that the said C: D. cannot or may not occupie, enjoy and take the profits thereof by vertue of these presents, for all the said terme of &c. years: Then the said A. B. doth by these presents demise, grant, set and to farme let unto the said C. D. all that capitall Messuage or Tenement, commonly called or known by the name of, &c. with the appurtenances, Scituate and being in the Parish of B: in the said county of &c. To have, hold occupie possesse and enjoy the said capitall Messuage and premisses with their appurtenances, from and immediatly after such eviction, ejection recovery or taking away of the said tioned premisses in &c: aforesaid or any part thereof from or out of the possession of the said B. C. or other lawfull disturbance of his [Page 506] possession for and during, and unto the end, expiration and determination of the said Terme of &c. years afore by these presents granted of the said Messuage or Tenement, and premisses in &c, aforesaid, for and during all the residue, such part and so many of the said years, as at the time of such Recovery, eviction, ejection, taking away disturbance or molestations shall be unexpired, not ended or determined to the sole and proper use and behoofe of the said C: D his Executors and Assignes, without any accompt thereof, or therefore to be yeilded, paid, given or made for the same. And also without any let, trouble, deniall, vexation, interruption, eviction, ejection, Suit in Law or other disturbance whatsoever of him the said A: B. his Heirs, Executors, Administrators or Assignes, or of any other person or persons whatsoever in any wise. And the said A: B. doth for him &c. Covenant, &c: to and with the said C. D. by these presents. That it shall and may be lawfull to and for the said C. D: and his Assignes yearly from time to time, and at all times hereafter during the said Terme of 21 years afore by these presents granted and demised as aforesaid. To cut down, fall, take and carry away sufficient and necessary Hedge-boot; Cart-boot, Plow-boot, Gate-boot &c. Under-wood to be standing, growing, and being in or upon such, of the said premisses as the said C. D: for the several times being shall be in possession of or have in his occupation by vertue of these presents: So as the same be and shall be imployed, used or spent from time to time in or about the necessary or needful reparations of the hedges Gates, Stiles, Barres and Fences, standing or being in or upon the premisses only: And the said A. B. for him his Heirs, &c: doth Covenant, &c. to and with the said C. D. by these presents: That the said Messuage, Capitall house, and all other the houses, closes, clausures and parcells of Land, Meadow and Pasture, and all other the premisses with the appurtenances in L. and D: aforesaid, and every part and parcell thereof are the day of the ensealing and delivery of these presents. And so shall remaine and continue from time to time, and at all and every time and times hereafter during the said Terme of 21 years afore by these presents mentioned to be granted and demised as aforesaid, according to the true intent and meaning of these present Indentures, free and cleerly acquitted, exonerated and discharged, or otherwise saved and kept harmlesse, of and from all and all manner of former Bargains, sales, Jointures, Feoffments, Dowers, Assignments, Leases, &c: and all other incumbrances whatsoever, had, made, done, knowledged or suffered, or hereafter to be had made, done, knowledged or suffered by the said A. B. his Heirs or Assignes or any of them, or of any other person or persons whatsoever:
A Covenant for further Assurance.
ANd the said C. D. for him, &c: doth Covenant, &c. to and with the said A. B. his Heirs, &c. That he the said C. D. shall and will from time to time, and at all times during the said Terme well and sufficiently repaire, maintaine and uphold, all such the said houses, edifices, buildings, closes, clausures, lands and premisses, as he the said C. D. from time to time to have in his possession and enjoy by vertue of these presents. And all Hodges, fences, gates, and ditches, standing and being in and upon the same in all necessary reparations according to good Husbandry. And if it happen the said yearly Rent of &c: or any part or parcell thereof at any time or times hereafter, during the said Terme before by these presents granted as aforesaid to be behind in part or in all by the space of 20 dayes next ensuing, after any of the said feasts wherein the same ought or is limited and appointed to be paid or is payable by these presents being lawfully demanded at such of the demised house as the said C: D. shall then possesse by virtue of these presents. That then and so often as the said Rent shall be behind and unpaid as aforesaid the said C. D: his Executors or Assignes shall loose, forfeit and pay to the said A. B. his Heirs and Assignes the summe of &c. Nomine poenae: That then and so often it shall and may be lawfull to and for the said A. B. his Heirs and Assignes into the said Messuage & Lands which the said C: D. shall then hold by vertue of these presents and other the premisses and into every or any part or parcell thereof, to enter and distraine, as well for the said Rent of, &c. or such part thereof as shall be behind and unpaid as aforesaid, and also for the arrerages thereof (if any fortune to be behind) as also for the said summe of &c: so to be forfeited: Nomine poenae toties quoties as aforesaid, and the distresse and distresses so thereof and therein taken and had as aforesaid to lead, drive, and carry away and the same with him or them to detaine, keep and withold untill he the said A. B. his Heirs and Assignes of the said Rent of &c. and of the said penalty of &c. to be forfeited Nomine poenae as aforesaid, and of the arrerages thereof (if any shall be) be well and truly contented, satisfied and paid. And if the said yearly Rent of &c. or any part thereof shall be behind and unpaid by the space of 40 dayes and no sufficient overt distresse can or may be found in or upon such of the premisses as shall then be in the possession of the said C: D: during the said space of &c: That then and from thenceforth it shall and may be lawfull, to and for the said A: B. his Heirs and Assignes into the Messuage, &c. to reenter, and the same to have againe repossesse and enjoy as in his or their former estate any thing in these presents to the contrary in any wise notwithstanding. In Witnesse, &c.
A Cease for 100 yeares in Reversion after a life.
THis Indenture made, &c. Between R: B. of S. in the County of W. Gent. of the one part, and I. L. of &c. Gent. of the other part: Witnesseth that the said R. B. for divers good causes and sundry reasonable and weighty considerations him thereunto moving. Hath demised, granted, set and to farme let, and by these presents doth demise, grant set and to farme let unto the said I: L: all and singular his Mannors, Messuages, Houses, Buildings, Orchards, Gardens, Lands, Tenements, Rents, Reversions and Services whatsoever, in the severall Townes, Hamlets, Fields and Territories of A B. C. and D. in the said County of W. or in any of them. To have and to hold the said Mannors, Messuages, Lands, Tenements, Rents, Reversions, Services and all other the premisses, with all and singular their appurtenances to the said J: L: his Executors and Assignes immediatly from and after the death of M. B. now Wife of the said R. B. for and during the Terme of 100. years then next following fully to be compleat and ended: Yeilding and paying therefore yearly during the said terme of 100. years unto the said R. B. his Heirs and Assignes, the Rent of 12. d: of good and lawfull money of England, at the Feasts of &c. by even portions, if the same be lawfully demanded for all manner of Suits, services, exactions and demands. Provided alwayes and upon condition, that the said J: L. shall not at any time hereafter, give, grant, bargain, alien, sell or lease the premisses or any part therof to any person or persons, or incumber or charge the same without the licence and consent of the said M. B. her Executors or Administrators. Aed also upon condition. That that the said I: L. at all and every time and times hereafter upon the request or demand of the said M B. shall lawfully convey and assure all and singular the premisses with their appurtenances, or any part or parcell thereof to such person or persons as by the said M. her Executors or Administrators, shall be named or appointed, for and during all such interest and terme as shall then be unexpired of the said 100 years or for such part and portion thereof as by the said M. shall be limited, nominated or appointed. And provided also and upon condition, that if the said M: her Executors or Administrators, at any time hereafter do satisfie, content and pay or cause to be satisfied contented and paid, or tendered to be paid unto the said I. L. his Executors Administrators or Assignes or to any of them the summe of 10 s. of lawfull money of England in the Parish Church porch of W. in the County of W. That then this present Lease Demise and Grant, and every thing therein contained, and the terme and interest of the said I. L. of and in the premisses and overy part thereof to be void and of none effect: These presents or any thing in the same contained to the contrary thereof in any wise notwithstanding. And the [Page 509] said R. B. and his Heirs, and and singular the premisses, with all and every their appurtenances unto the said I. L. for and during the terme aforesaid in manner and forme aforesaid and under the severall conditions before expressed against all people shall and will warrant and by these presents defene, In Witnesse, &c.
Of a Hundred Court or leet by the Queen.
Whereas we by our Letters Patents under the Seal of our Court of Exchequer bearing date at Westminster (such a day and yeare) &c. Did demise, grant and Ferme let unto J. M. Esquire, alll that our Hundred of B. with all its rights, members and appurtenances in our County of C. and all those our Annuall Rents to the said Hundred paid, and also all and all manner of Courts Leet, view of Franck Pledge and Perquisits and profits thereof; And also the Fines and Amerciaments in the Court of the Sheriffes Turne in the Hundred aforesaid made. And also Suit of Court to the Hundred aforesaid. And also all goods, chattels, waived Estrayes, and all other our liberties, priviledges, Franchises Rights, Jurisdictions, Profits, commodites, Advantages and Emoluments whatsoever to the said Hundred belonging or appertaining, or within the said Hundred happening, coming, or or renewnewing or arising: And for and under the yearly Rent of 40 s. demised in as full and ample manner, and for me as any Earle or Earles of W. in right or by reason of the said Hundred, as any time had held or enjoyed the same, or ought to have held or enjoyed the same, And as all and singular the premisses, did come or ought to have come to our hands; and in our hands now are or ought to be (except neverthelesse alwayes to us and our Successors, all and all manner of Fues Ammerciaments and Issues yearly, and from time to time, comming, growing or renewing in any of Court or Courts of Record of us or our Successors, or before the Justices of the Assise, of us or our Succssessors or before the Justices of the Peace of us or our Successors, or before our or our Successors, Clerk of the Market, comming, growing, happening, arising or renewing, or liberty for the levying, and gathering thereof with in the Hundred aforesaid.
To have and to hold the said Hundred of B. certain Rents of Court, and profits of the same, and all and singular other the premisses whatsoever (except before excepted) to the said J. M. his Executors and Assignes from the Feast of, &c. for and during the term of one and twenty years then next following, and fully to be compleat and ended yeilding yearly to us and our heirs and successors 40 s. of lawfull money [Page 510] of England, as by our said Letters Patents, more fully it may appear. Which said Letters Patents, and all the Right Title Estate Interest and Term of years yet to come of and in the Premisses, our welbeloved Subject R. B. of W. in the said County of W. Esquire, having holding and by due course of Law enjoying and being our Tenant hath surrendred the same unto us, and rendred up to be cancelled, yet nevertheless with intent that we would vouchsaf to grant our Letters Patents concerning the Premisses to the said R. and his Assigns for the term of the lives of him the said R. T. E. Esq. and R. E. Gentleman and the longer liver of them, which surrender we accept by these presents, Know ye that we as well in consideration of the surrender aforesaid, as for a Fine of &c. of lawfull money of England at the Receit of our Exchequer paid to our use by the said R. B. by the advise of our trusty and beloved Councillors W. Baron of B. our Treasurer of England, and Sir J. T. Kt. Chancellor & Under Treasurer of our Court of Exchequer have demised granted and to farm let, and by these presencs do demise grant and to farm let unto the said R. B. all that foresaid Hundred of B. with the Rights and Appurtenances thereof in our said County of W. and all those certain annuall Rents to the said Hundred paid, and also all and all manner of Courts Leets, view of Franck Pledge and perquisites and profits of the same, And all Fines and Amerciaments in the Court if the Sherffs Turn in the Hundred aforesaid done, and also Suit of Court at the Hundred aforesaid. And also Goods and Chattels, waived estraies, and all other our Liberties, priviledges, Franchises, Rights, Jurisdictions, Profits, Commodities, advantages and emoluments whatsoever to the said Hundred belonging or appertaining, or within the said Hundred happening, comming, renewing or arising, and for and under the foresaid yearly Rent of 40 s. demised in as ample manner and form as any Earl or E. of W: in right, or by reason of the said Hundred everhad held or enjoyed, or ought to have holdor enjoy & as all singular the premisses did come or ought to have come to our hands, and now are or ought to be in our hands, and heretofore parcell of the possessions of the E. of W. (except neverthelesse and alwayes to us and our Heirs and Successors, all and all manner of Fines, Amerciaments and Issues yearly and from time to time comming, growing or remewingin in any Court or Courts of Record of us or our Heirs and Successors, besides in the Court of the Hundred aforesaid, or before Justices of Assise of us our Heirs or Successors, or before our ad our Heirs and Successors. Justices of the Peace and Clerk of the Market to us or our Heirs and Suceessors reserved with liberty for the levying and collecting of the same: To have and to hold the said Hundred of B. the certaine Rents of the Court and the profits of the same, and all and singular other the premisses above by these presents demised with the rights, members, liberties thereof [Page 511] with the appurtenances whatsoever (except before excepted) unto the said R. B. and his Assignes, for the terme of the lives of him the said R: B. T. E. and R. E: and the longest liver of them, yeilding and paying therefore yearly to us and our Heirs and Successors 40 s. of lawfull money of England, at the Feasts of &c. at the receipt of our Exchequer, our Heirs and Successors, or to our Bayliffs or Receivers of the premisses for the time being by equall portions to be paid during the terme aforesaid. And after the decease of every of the aforesaid R. B. T. E. and R. E: then yeilding and paying to us our Heirs and Successors, 20 s. of lawfull English money in the name of a Herriot. Provided alwayes, That if it shall happen the Rent before by these presents reserved to be behind and unpaid in part, or in all, by the space of 40 dayes after any of the said Feast dayes at which the same ought to be paid as aforesaid. That then and from thence forth this Grant to be void and of none effect, any thing in these presents to the contrary notwithstanding: Any Statute, Act, Ordinance, Provision, Proclamation or restrain to the contrary heretofore had made, published, ordained or provided, or any other cause or matter whatsoever, in any wise notwithstanding. In Witnesse whereof we have caused these our Letters to be made Pattents, Witnesse our beloved and faithful Councellor, W: Baron of B. Treasurer of England at Westminster the &c. day of, &c.
A Lease made for indemnity of Sureties.
THis Indenture made &c. Between T. H. of, &c. Esquire of the one part, and W. T. W. D. and E. W. on the other part witnesseth, That whereas the said W. T. W. D. and E. W. at the instance and speciall request and for the only Debt of the said T. H. now are, and stand bounden unto B. G. in four severall obligations of divers great summs of money conditioned for payment of the severall summs of money in the conditions of the said obligations mentioned, which said severall Obligations now are and remain forfeited, and have also compounded and agreed with divers persons to whom the said T. H. was indebted in divers great summs of money and have taken order for the satisfaction and payment thereof amounting in all to &c.
Now the said T. H. for the better securing and saving harmless of the said W: T. W. D. and E. W. and every of them, their and every of their Heirs Executors and Administrators of for & from courtimg and concerning all, & every the said Obligations or Writings Obligatory, and the Penalties Forfeitures and summs thereof and therein contained, hath demised granted [Page 512] and to farm let, and by these presents, &c. all those his Messuages, &c. lying and being, &c. To have and to hold to the said W. T. &c. their Executors and Assigns for and during all such term and time, and untill that the said VV. T. &c. their Executors or Assigns, shall and may or otherwise might without fraud or covin, have fully and wholy levied received perceived and taken out of and in the said Messuages, &c. or out of or in the Fines Rents Issues or Profits thereof yearly arising growing or coming, and all and every such summ and summs of mony, losses costs charges and damages whatsoever as they the said VV. T. &c. and every or any of them, their or any of their Heirs Executors or Administrators have heretofore or shall hereafter Bona fide disburse, defray, satisfie sustain or pay for or by reason of the said severall Obligations, or the forfeiture thereof, or of any action suit processe Writ judgment or Execution heretofore commenced, or hereafter to be in any sort commenced prosecuted or pursued against them or any of them, their or any of their Heirs Executors or Administrators, or against their or any of their Goods Chattells Lands or Tenements in any wise, yeilding and paying therefore yearly, so long as the Premisses or any part thereof, shall be and remain in their or any of their possession or occupation, or in the occupation of their or any of their Assignee or Assignees Ʋnder-Tenant or Ʋnder-Tenants, one Pepper Corne only at the Feast of &c. if it be demanded.
A Lease in Reversion after two lives.
THis Indenture made, &c. Between Sir T. I: of &c. Kt. of the one party, and R. P. of &c. yeoman of the other party, witnesseth, that the said Sir T. I, for and in consideration of the sum of &c. to him by the said R. P. before the ensealing & delivery hereof paid in the name of a fine or income, the receit whereof, the said Sir T, I. holdeth and acknowledgeth himselfe fully satisfied and paid, and thereof &c. hath demised, &c. and by these presents doth demise &c. unto the said R P. his Executors &c. all that one messuage or tenement of the said Sir T. I. now in the tenure or occupation of the said R P. scituate in &c: and also all the Houses Edifices Buildings Yards Orchards Gardens Lands Tenements, &c. and Hereditaments to the said Messuage or Tenement belonging, or in any wise appertaining. To have and to hold occupy and peaceably enjoy the said Messuage or Tenement houses, [Page 513] &c. and all other the demised premisses with their appurtenances unto the said R: P: his Executors &c. immediatly after the decease of A. B. for and during all the term and space, and unto the full end and terme of one and twenty yeares, from thence next and immediatly following, fully to be compleat determined and ended with all and all manner of Tenantly profits Commodities and advantages, during the said terme yeilding and paying therefore yearly during the said Term unto the said Sir T: I: his Heirs and Assigns, the annuall or yearly Rent of &c: of lawfull, &c: at the Feast dayes &c: by even portions with all such suits services boons arrerages and duties, as other the Tenants of the said Sir T. I. within his Mannor of D. shall and use to do for their like Rent.
A Lease with many Reservations besides the Rent.
THis Indenture made, &c. Between R. B. of &c. Esquire, of the one part, and S. P. of &c. of the other part, witnesseth, That the said R. B. for and in consideration of &c. hath demised granted set and to farm let unto the said S. P. his Executors &c. all that Messuage or Tenement, &c. scituate in, &c. now or late in the Tenure of, &c. To have and to hold to the said S. P. his Executors, &c. from the Feast of, &c. last past, for and during the terme of one and twenty years, yeilding and paying therefore yearly &c. during the said term unto the said R. B. the yearly Rent of &c. of good and lawfull &c. at the Feast dayes of &c. by even portions. And likewise yeilding paying and doing the boones arrerages duties and services of three dayes shearing or reaping of Corn in the time of Harvest with able persons. And also making providing and finding one good and sufficient Musket with all things therunto belonging, as namely Bandaliersr, est &c: & an able man to bear the same, and to wait upon the said R. B. or his heirs so often as the said R. B. or his heirs shall be imployed in his Majesties service, with all other duties suits and services as heretofore of Right have been used, and accustomed to be yeilded and done for the sayd Messuage Tenement and Premisses: And if it happen the said yearly Rent of &c. to be behind and unpaid by the space of twenty dayes [Page 514] next after either of the said Feasts &c. being lawfully demanded, that then the Estate Right Title Interest claim and demand of the said S. P. her Executors Administrators or Assigns to the before demised premises, and to every part and parcell thereof, to cease determine and be utterly void.
And likewise if it happen the said boons arerages duties and services before mentioned and specified, or any part thereof to be detained and not yeilded in time convenient, being likewise lawfully demanded, that then, and from thenceforth it shall and may be lawfull to and for the said R. B. his heirs and Assigns into the before demised premisses, and into every or any part thereof to enter and distrain, and the Distress and Distresses there taken, to lead driue chase carry and take away, and with him his Heirs or Assigns to impound detain and keep untill the said Boons, &c: be well and truly done satisfied and paid.
A Lease made in consideration of the Surrender of a former Lease.
THis Indenture made, &c. Between T. I. of &c. Esquire of the one part, and L. M. of &c. of the other part Witnesseth, That the said T. I. as well for and in consideration, that the said L. M. hath Surrendred and given to the said T. I. one Indenture of Lease formerly made by T. S. late of &c. deceased to the said L. M. for the term of three lives yet in being, of all that part and portion of him the said T. S. of and in all that Messuage or Tenement, Lands and Heredita. hereafter in these presents specified, mentioned, & therby demised as also for and in Consideration of the sum of &c. lawful English money, hath demised, granted, set, and to farm, let, and by these presents doth demise &c. unto the L. M. and his Assigns, all that part, purpart and portion of the said T. I. of and in one Messuage or Tenement lying and being in N, aforesaid in the said County of L, now or late in the tenure or occupation of the said L. M. his assignee or assignees, together with all Houses, Building, Orchards &c. with their, and every of their Appurt. whatsoever to the said Messuage or Tenement belonging or any wise appertaining to have and to hold all and singular the said part and portion of the said Messuage &c. to the said L. M. and his Assigns, from and immediatly after the date of these presents, for and [Page 515] during all the term of the several natural life and lives of the said L: M. E. M. and D. M. the natural sons of the said L: M: party to these presents, and for and during all he term of the natural life of the Survivor and longest liver of them, to and for all Tenantly profits, uses, and commodities, and with free liberty to digg, get, and take Marle, Clay, and Stones, and every or any of them, and to cut down, and take any Woods, or Under-Woods in any part or parcel of the hereby demised Lands belonging to the said part or portion of the said Messuage or Tenement grounds, or other the Premisses without impeachment of any manner of waste, yeelding and paying therefore yearly during the said term to the said T. I. his Heirs and Assigns, the ancient yearly rent of &c. of lawful &c. at the Feast dayes &c. by even and equal portions, together with such Duties and Services as have heretofore been used and accustomed to be paid and done for the said part and portion of the said Messuage &c. at the dayes and times usual and accustomed.
A Lease of a Moss Room.
THis Indenture &c. witnesseth, That the said A. B. for, and in consideration of the sum of &c. to the said A. B. by the said C. D. paid, the receipt wherof the said A. B. acknowledgeth, hath demised &c. unto the said C. D. his Executors &c. all that Moss Room with the appurtenances, lying and being in R. Moss in the said County of L. containing by estimation two Roods of Ground, be it more or less, now in the tenure of the said C. D. or his Assigns, together with all Wayes, Entries, Passages, Liberties, Easements, Commodities and Advantages in or to belonging, or to, or with the same heretofore used or enjoyed or at any time accepted, taken, reputed or known, as part, parcel, or member therof, with all and singular the appurtenances therof, to have and to hold the said Moss Room, with the appurtenances unto the said C. D. and his Assigns, for and during all the term of the natural life and lives of him the said C. D. and of M. and E. the daughters of the said C. D. and of every of them, and the longest liver of them, to and for the most gain, profit, and advantage of him the said C. D. and his Assigns, for and during all the said term, for the digging, getting, [Page 516] drying, leading, and carrying away of Turves, yeelding and paying therfore yearly during all the said Term to the said A. B. his Heirs and Assigns, the yearly rent of 12 d. of lawful &c. at, in, or upon the &c.if it be lawfully demanded, for all manner of rents, suits, levies, taxations, impositions and demands whatsoever due for the said Moss Room.
A Lease of Tithes belonging to a Free-School.
THis Indent. &c. Between the Bayliffs and Burgesses of the Town of S. in the County of S. & T. A. Clerk, late Head, or Cheef Schoolmaster of the free Grammar School of the late King Ed. 6. in the said Town of S. on the one part, and D. L. of the said Town of S. Bailiffe or Receiver of the Rents and Revenues of the same School of the other part, Witnesseth, That the said Bayliffs, Burgesses, and T. A. by and with the assent and consent of T. L. now Cheif or Head Schoolmaster of the said School, have Demised, Granted, Leased, Set, and Let, and by these presents do Demise &c. unto the said D. L. all those the Tithes of Corn and Hay yearly growing, increasing, or arising in the Township of Betton and the Fields therof in the said County of S. lately belonging and being parcel of the Possessions of the same Schoole, to have and to hold the said Tithes of Corn and Hay to the said D. L. and his Assigns, from and immediatly after the end, determination and expiration of one Lease heretofore made of the Premisses to one T. R. or from the time that the same Lease by Surrender, Forfeiture, or by any other means shall happen to be expired or determined, unto the end and term, and for and during the term of 21. years, from thence next following, and fully to be compleat and ended, yeelding and paying therefore yearly during the said Term to the Bayliffs and Burgesses, and to their Successors for the time being, the summ of 20. Marks of lawful English money at the Feasts of &c. by even portions for all and all manner of Rents, Services, and Demands whatsoever, to be paid within the Boothall, otherwise called the Guild-Hall of the said Town.
And if it happen the said yearly Rent of 20. marks, or any part therof to be behind and unpaid in part, or in all, by the space of one month next after either of the said Feasts, in which the same ought to be paid, that then it shall and may be lawful to and for the said Bayliffs and Burgesses and their Successors into the said Tithes, and every part and parcel therof to re-enter, and the same to have again repossess and enjoy [Page 517] as in their former estate any thing in this Indenture here before mentioned to the contrary in any wise notwithstanding.
And the said D. L. for him &c. doth covenant &c. to and with the said &c. by these presents, that he the said D. L. his &c. shall and will yearly during the said term of one and twenty yeares, well and truly content and pay, or cause to be contented and paid to the said B. and B. and their Successors for the time being at the Boothall aforesaid, at the Feasts aforesaid, or within one moneth next after either of the said Feast dayes aforesaid the said yearly rent of 20. Marks by even portions, according to the true intent, meaning and effect of these presents.
And the said B. and B. for them and their Successors, doth covenant &c. to and with the said D. L. his Executors &c. by these presents, in manner and form following, that is to say, Tbat he the said D. L. and his Assigns shall or may during the said term of 21. years, peaceably and quiely, have, hold, &c. the said Tithes &c. without any lawful let &c. of any person or persons; and that the said B. and B. and their Successors for the said yearly rent, so by these presents reserved as aforesaid, shall and will from time to time during the said term of 21. years, acquit and discharge, or save or keep harmlese as well the said D. L. his &c. as the said Tithes, and every part and parcel therof, from, and concerning all other rents, payments, and charges whatsoever, issuing out of the Premises, other then the yearly rent of 20. marks foresaid, by these presents reserved, other then such duties &c. as shall happen to be due by the only act or acts of the said D. L. or his Assigns In witness, &c.
Of a Rectory Impropriate.
THis Indenture &c. between A. B. of &c. of the one part, and C. D. of &c. of the other part, witnesseth, That the said A. B. for and in consideration of &c. the receipt wherof the said A. B. acknowledgeth, and therof doth acquit &c. the said C. D. his Executors &c. by these Presents, hath demised &c. unto the said C. D. and his Assigns, all that the Parsonage Parish Church of St. J. in the Town of S. somtimes appropriate united belonging to or appertaining, unto the late dissolved Chantry or Colledge of St. Mary Magdalen, neer S. otherwise called the Colledge of Batlefield, with all Lands Tenements; and all manner of Tithes and Tenths, Reversion or Reversions of Tithes or Tenths of Corn Grain and Hay Wooll Lamb Flax Hemp Honey, and all manner of prediall personall and mixt Tithes or Tenths whatsoever, yearly coming arising growing and renewing, within the said Parish of St. J. within the Town of S. aforesaid, or in any other place or [Page 518] places, Townships or Hamlets, to the said Rectory Parish Church or Chappel of St. J. belonging or appertaining, or being reputed taken or known, as part parcell or member therof, or to the same belonging or appertaining, or used to be set demised or let, as part parcel or member of the said Rectory Parsonage Parish Church or Chappel of St. J. aforesaid: To have and to hold &c. to the said C. D. and his Assigns, from the day of the date hereof, for and during the term of &c. yeilding and paying &c.
Of a Parsonage for term of life.
THis Indenture made &c. between A. B. Clerk, Parson of &c. of the one part, and C. D. of &c. of the other part, witnesseth, That the said A. B. for and in consideration of the summ of &c. wherof and wherwith the said A. B. acknowledgeth himself satisfied &c. Hath demised granted set and to farm-let, and by these presents doth demise &c. unto the said C. D. his Executors & Assigns &c. all that his Rectory or Parsonage of E. in the said County of &c. with all and singular Houses Gleab Lands, with all and singular the appurtenances, set lying and being in E. aforesaid, together with all manner of Tithes, as well personall as prediall, and all Oblations Profits and Commodities, growing arising or yearly coming, in or out of the said Recotry or Parsonage, (the Profits arising and coming, by reason of or for any buriall of Corps unto the said Parson, only excepted, and to the said Parson alwaies reserved:) To have and to hold and enjoy the said Rectory or Parsonage of E. with the Houses and Gleab Lands therunto belonging, together with all and singular the Tithes of Corn Grain and Hay and privy Tithes Offerings Oblations, and all other Profits and Commodities, coming growing or yearly arising, or of right belonging to the said Rectory or Parsonage (except before excepted) unto the said C. D. his Executors Administrators and Assigns, from the day of the making hereof, for and during so long time as the said A. B. shall remain in his natural life, yeilding & paying therfore yearly unto the said A. B. or to his Assigns, the summ of &c. of lawfull money &c. at the four usuall Feasts in the year; That is to say, At the Feast of &c. by even and equall portions.
And for non-payment a clause for Re-entry.
ANd it is covenanted granted and agreed, by and between the said parties by these presents; And the said A. B. for himself &c. doth covenant and grant, to and with the said C. D. his Executors &c. not only from time from henceforth during the said term, serve or say within the said Parish Church of E. all manner of Divine Service, and administer unto the Parishioners there, all manner of Sacraments and Sacramentall Duties, during this present Lease, or else shall at his proper costs and charges, find a lawfull and sufficient Priest or Minister in his stead or place, which from time to time, during the time aforesaid, shall well truly and lawfully execute accomplish and perform and do the same, in such manner and form as the said A. ought to do. But also to exonerate and discharge the said C. his Executors or Assigns, of and from all other Charges Tenths Subsidies Proxies: And also all manner of Dilapidations, and all other Incumbrances, as well ordinary as extraordinary, due or going out of the Rectory or Parsonage, or wherwith the same may be charged or chargable to our Soveraign Lord the King, his Heirs or Successors, or to the Ordinary, or to any other person or persons whatsoever, during the time aforesaid.
And the said C. D. doth for him &c. covenant &c. that he the said C. shall yearly and every year, deliver or cause to be delivered, at the Feast day of the Nativity of our Lord God, eight bushels of good clean and merchantable Wheat. And further, that neither he, nor his Executors or Assigns, shall surrender or leave up into the hands of the said A. the said Rectory or Parsonage, but shall hold the same for and during the term aforesaid, and also shall and during all the said time, well and sufficiently repair the said Parsonage Houses and all Edifices therunto belonging, and the same so sufficiently repaired and amended at the end or other determination of this present Lease, shal leave and yeild up.
And the said A. B. for him &c: doth covenant &c. to and with the said C. D. by these presents, that he the said A. will during his naturall life keep and hold the said Rectory or Parsonage in his own right and title, and shall not surrender or resign the same unto the Patron or Ordinary, nor do any act or thing wherby he may forfeit or be legally deprived of the same: In witness &c.
Of a Mannor for years.
THis Indenture &c. between R. B. of S. in the County of Y. Esq; on the one part, and the right honourable G. Earl of S. of the other party, witnesseth, That the said R. B. for divers and sundry good causes and considerations him therunto moving, hath demised granted set and to farm-let, and by these presents doth demise &c. unto the said Earl and his Assigns, all that his Seigniory or Lordship of S. and the Rectory and Church of S. with all their Rights Members and Appurtenances whatsoeuer, in the said County of Y. and the View of Frankpledge to be holden within the said Mannor, and all Fairs and Markets to be holden from time to time, within the said Mannor or Town of S. And one passage over the water of O. neer unto S. aforesaid, with all and singular the appurtenances. And all and singular his Messuages Houses Mills Lands Tenements Rents Reversions and Services Tithes Court-Leets View of Frankpledge Franchises Liberties Priviledges Royalties Commodities Waters Fishings, and other Hereditaments whatsoever, in the Town Fields Hamlets or Territories of S. aforesaid, S. and T. or any other place within the said County of Y. to the said Mannor Seigniory or Lordship, or Rectory, or any of them, by any waies or means belonging or appertaining, or as part parcell or member of them, or any of them, heretofore had taken known accepted reputed or used: And all that Scite and Precinct of the late dissolved House or Monastery of S. aforesaid: And all that his Park called S. Park, and all other his Messuages Lands Tenements Liberties Franchises Commodities Fairs Markets, and Hereditaments whatsoever, scituate lying and being, perceived had or used within the Town Feilds or Parish of S. aforesaid. And also all those his severall Mannors of S. and A. S. or to either of them appertaining or belonging, or being accepted reputed known or taken to be, as part parcell or member of them, or either of them; And all those his Mannors Seigniories or Lordships of F. and L. with their Rights Members and Appurtenances, in the said County of Y. and all and singular the Messuages Cottages Lands Tenements Meadows Leasues Closes Pastures Feedings Woods Under-woods Rents Reversions Services Courts-Leet View of Frankpledge, and Profits of Courts-Leets, and other Hereditaments whatsoever, to the said severall Mannors Seigniories or Lordships of F. and H▪ or either of them belonging or appertaining, lying reputed accepted or taken, as part parcell or member of the same, or any of them. And all other the Lands Tenements and Hereditaments of the said R. B. scituate lying and being, perceived or used in the Towns Villages or Hamlets of F. and H. o [...] in any or either of them, in the said County of Y. (except and at all times foreprised) out of this present Lease and Grant, all such [Page 521] Lands Grounds and Hereditaments in F. aforesaid, as I. C. Esquire did lately purchase of the said R. B. for the summ of &c.
And the said R. B. hath also demised granted &c. and by these presents doth demise grant &c. unto the said E. all his Reversion and Reversions of all and singular the said severall Mannors Rectory Messuages Cottages Lands Tenements Tithes Woods Under-woods Franchises Liberties Hereditaments, and other the Premisses here before demised (except before excepted) together with all manner of Rents reserved upon all and every Lease Demise or Grant made of the said Mannors Rectory Messuages Tithes Lands Hereditaments, and other the demised Premisses, except as aforesaid: To have and to hold the said severall Mannors, together with the Scite and Precinct of the said late dissolved Monastery, and all and singular other the said Rectory Tithes Messuages Lands Grounds Hereditaments, and all and singular the other demised Premisses, with the appurtenances (except before excepted) unto the said E. his Executors and Assigns, from the day of the date of these presents, for and during, and unto the full end and term of &c. years, fully to be compleat and ended, yeilding and paying therfore yearly and every year during the said term, to the said R. B. during his life, if he shall so long live, and after his decease, then to such person or persons, his or their Heirs, to whom the Reversion and Inheritance of the said severall Mannors Lands &c. doth or shall appertain, the severall yearly Rents hereafter ordained and limited: That is to say. For the said Mannor or Lordship of S. and the said Scite Circuit and Precinct of the said late dissolved Monastery Rectory and Church of S. and all other the demised Premisses in S. T. and T. afo [...]esaid, the yearly Rent or Summ of &c. And for the said Mannors of S. and A. S. and other the said Grounds Lands &c. in S and A. S. aforesaid, the yeary Rent or Summ of &c. And for the said Mannors of F. and H. aforesaid, and other the demised Premisses in F. and H. aforesaid, the yearly Rent or Summ of &c. of lawfull money of England, at two daies or Feasts in the year: That is to say, at the Feast of &c. by even portions, And if and as often it as shall happen or fortune the said severall yearly Rents before hereby reserved, or any of them to be behind and unpaid, in part or the whole, by the space of twenty daies, next after either of the said Feast daies of payment, at which the same ought to be paid, that then and so often it shall and may be lawfull, to and for the said R. B. during his life, and after his decease to such person and persons to whom the Reversion or Inheritance of the demised Premisses, doth or shall then appertain, into the said demised Premisses, to enter and distrain &c.
A Covenant of the Lessor for the quiet enjoyment and discharge of all former Incumbrances.
Except and alwaies foreprised, all and every Lease and Leases made of the said demised Premisses or of any part and parcell therof, for the term of 21. years or under and not above, wherupon the Rent most usually paid for the same, within the space of &c. years last past, or more is reserved, the same being paid yearly, during the continuance of such Lease or Leases: And except also one Lease made by the said R. B. of one parcell of the demised Premisses, unto one B. for 40. years and except also the right and title of Dower of E. the Daughter of &c. whom the said R. B. heretofore espoused and took to wife, and except also all Rents and Services from henceforth to be due or payable, and not before due for the demised Premisses, or any part or parcell therof, unto our Soveraign Lady the Queens Majesty, her Heirs or Successors, and other the Lord and Lords of the Fee or Fees therof.
A Covenant by the Lessor for further assurance.
ANd furthermore the said R. B. for him &c▪ doth covenant &c. To and with the said E: his Executors &c. by these presents, That the said R. B. shall and will at all and every time and times hereafter, when and as often he shall be therunto reasonably required by the said E. his Executors or Assigns, and at the costs and charges in the Law of the said E. his Executors &c. by his sufficient Deed or Deeds indented, make unto the said E. his Executors and Assigns, being in possession of the said demised Premisses, by force of these present Indentures, such Lease and Leases Demise or Demises, Grant or Grants of the said severall Mannors Rectory Lands Tenements Hereditaments, and other the said demised Premisses, for the term and space of 21. years, from the day of the date of every of the same Indentures, or Deeds indented so therof to be made as aforesaid, as by the said E. his Executors or Assigns, or by his or their learned Councel shall be reasonably advised or devised: And that in and by the same, all and every such new Lease or Leases there shall be reserved, the severall Rents aforesaid, and the same to be paid yearly, in such manner and form as is limited in and by these presents, and that therin also shall be contained such like Covenants Grants Exceptions Reservations and Agreements, in effect and substance as be contained in these Indentures, and not otherwise, nor in any other manner and form: In witness wherof &c.
A Lease of a Mannor, with a Covenant that the Land only by Distress, and not the person of the Lessee shall be lyable to the rent reserved.
THis Indenture made &c. between A. B. of &c. Gent. of the one part, and C. D. of &c. of the other, witnesseth, That the said A. B. hath demised &c. the Mannor of S. &c. to the said C. D. his Executors &c. To have and to hold to the said C. D. his Executors &c. for 21. years, yeilding and paying therfore yearly the summ of &c. at the two Feasts of &c.
Provided alwaies, and it is so concluded and agreed by and between the said parties, for themselves and either of them, their and either of their Heirs Executors and Administrators, and every of them by these presents. And the said A. B for him &c. doth covenant &c. to and with the said C. D. his Executors and Assigns by these presents, that neither the reservation of the said Rent, nor any thing in these presents contained, shall by any waies or means extend to charge the person of the said C. D. his Executors or Assigns, by occasion of Debt, or any other waies, with or for the said yearly Rent, or any parcell therof, or the arrerages of the said yearly Rent, but only to charge the said severall Mannors and other the Premisses, by way of Distresse for nonpayment of the said Rent before reserved, and not otherwise.
A short Lease of lands for a term, the rent to be paid after the Lessors decease to his Heir in tail.
THis Indenture &c. between A. B. of &c. Gent. of the one part, and C. D. of &c. of the other part, witnesseth, That the said A. B. for divers good causes &c. hath demised granted &c. unto the said C. D. all that the Mannor of S. with the appurtenances &c. to have and to hold &c. unto the said C. D. and his Assigns, for and during the term of 21. years &c. yeilding therfore yearly, during the said term unto the said A. B. and to the Heirs of the body of the same A. B. which he shall hereafter have and beget, of such woman as he shall hereafter marry and take to wife, and for default of such Issue, then to R. B. his [Page 524] Heirs and Assigns, the old and accustomed Rent, at such daies and times as the same hath been accustomed to be paid &c.
A Lease of a House in London.
THis Indenture made &c. Between D. F. of W. in the County of B. Widow, and J. S. of W. aforesaid, Gent. of the one part, and D. T. Citizen and Haberdasher of London, of the other part, witnesseth, That the Consideration. said D. and J. S. for and in consideration of the summ of 100 l. of currant English money, to them in hand paid by the said D. T. at and before the ensealing and deliuery of these presents, the receipt whereof they do hereby acknowledge, and themselves therwith satisfied, and therof and of every part therof do clearly acquit and discharge the said D. T. his Executors and Administrators, and every of them by these presents, have demised granted set and to farm-letten, and by these presents do demise grant set The Demise. and to farm-let unto the said D. T. all that Messuage or Tenement, with the Appurtenances, scituate lying and being in Cornhill London, commonly called or known by the name of the Red Lyon, now in the Tenure or Occupation of the said D. T. Together with all Shops Cellars Sollers Chambers Rooms Easements Commodities and Appurtenances whatsoever, to the said demised Messuage or Tenement belonging, or in any wise appertaining: To have and to hold the said Messuage or Tenement, and all and singular Habend. the Premisses, with the Appurtenances, and every part and parcell therof to the said D. T. his Executors Administrators and Assigns, from the Feast-day of the Annunciation of the blessed Virgin Mary, next coming after the date hereof, unto the end and term of 21. years, from thence next ensuing, and fully to be compleat and ended, yeilding and paying therfore yearly unto the said D. F. for so many years of the said term as she shall Reddend. live; And then afterwards to the said J. S. his Heirs and Assigns, during the said term, the yearly rent of 30 l. of currant English money, at the four usuall Feasts or Terms in the year: That is to say, At the Feast of the Nativity of St. John Baptist, St. Michael the Arch-angel, the birth of our blessed Saviour, and the Annunciation of the blessed Virgin Mary, by even and equal portions. And if it shall happen the said yearly rent of 30 l. to be behind unpaid in part or in all, by the space of 14. daies next after any of the said Feasts, at wich as aforesaid the same ought to be paid: Or if the said D. T. his Executors or Administrators, shall or do at any time hereafter, let, assign or set over any part or parcell of the said Messuage or Tenement, or any part therof, to any person or persons whatsoever, without the speciall licence of the said D. F. and J. S. their Heirs or Assigns, or some of them in Writing, under her his or one of their hands and Seals.
And further if the said D. T. his Executors Administrators or Assigns, [Page 525] shall alter and change any part of the said Messuage or Tenement, to or for the weakning or impairing of the same, or shall remove any principall Timber or Supporters of the said Messuage or Tenement, without the leave and consent of the said D. F. and J. S. their Heirs or Assigns, or some of them Clause for Re-entry. first had and obtained in writing under their hands, that then and so often it shall and may be lawfull to and for the said D. F. and J. S. their Heirs and Assigns, into the said demised Premisses, and into every part therof, to re-enter, and the same to have again re-possesse and enjoy, as in her his or their former Estate, this present Indenture of Lease, or any thing therin contained, to the contrary therin in any wise notwithstanding.
And the said D. T. doth covenant promise and grant, for him his Executors Covenant for Reparations. Administrators and Assigns, to and with the said D. F. and J. S. their Heirs and Assigns by these presents, that he the said D. T. his Executors Administrators and Assigns, at his and their proper costs and charges, the Messuage or Tenement here before by these presents demised, with the appurtenances, shall and will repair sustain support amend and maintain; and all the privies Sieges and Wydraughts, of or belonging to the Premisses, and the Glass Windows, as also the pavements as well within the said Messuage, as without in the high Street, before or belonging to the same, shall at his or their like costs and charges, well and sufficiently repair purge scour pave glaze cleanse amend and maintain from time to time, as often as need shall require, during the said term:
And furthermore the said D. T. for himself, his Executors Administrators and Assigns, doth covenant promise and grant, to and with the said D. F. and I. S. their Heirs and Assigns by these presents, That he the said D. T. will at his own proper costs and charges, before the Feasts day of St. Michael the Arch-angel, next coming, after the date hereof, lay out and bestow upon the repair of the above demised Premisses, the summ of 40 l. of currant English money, in such place and places, part and parts therof, as the Work-men assigned and appointod by the said D. F. and J. S. or one of them, or the Heirs or Assigns of them or one of them, shall order and appoint him, his Executors or Assigns to bestow the same. And the said Messuage or Tenement and Premisses, so well and sufficiently repaired paved scoured cleansed glazed purged sustained and amended, together with all the Wainscot in any part of the Premises, now being or remaining, with all Doors Locks Keys Glass and Glass Windows in or about the said Messuage or Tenement and Premises, in good sufficient and Tenantable reparations, at the end of the said term or any other determination of this Lease, shall leave and yeild up unto the said D. F. and J. S. or one of them, their or one of their Heirs or Assigns.
And the said D. T. doth covenant promise and grant for him, his Executors Administrators and Assigns by these presents, that it shall and A Covenant to come into the p [...]emisses to vi [...]w reparations. may be lawfull to and for the said D. F. and J. S. their Heirs and Assigns, with Work-men and others, to have and take free liberty of Ingress Egress [Page 526] and Regress in and to, and from the above demised Premisses, and every or any part therof, four times a year yearly during the said term, to view search and see, whether the said Messuage or Tenement and Premises, be well and sufficiently repaired cleansed scoured paved amended and maintained, as the same ought to be, by the true meaning of these presents, or not, and to give or leave warning in writing at the said demised Premisses, to and for the said D. T. his Executors or Assigns, to repair and amend the defaults therin specified within three months then next ensuing,
And it is further agreed, and the said D. T. for him, his Executors Administrators and Assignes, doth covenant and grant, to and with the said D. F. and J. S. their and either of their Heirs and Assigns by these presents, to pay all manner of Taxes Assesments Quit-rents and Duties whatsoever, which shall grow due from the demised Premises, during the said term hereby letten.
And the said D. F. and J. S. do for themselves, their Heirs Executors A Covenant that the Lessee shall enjoy the premisses. Administrators and Assigns, respectively, and for every of them, covenant promise and grant, to and with the said D. T. his Executors Administrators and Assigns, and with every of them by these presents, that he the said D: T. wis Executors Administrators and Assigns, paying the said yearly Rent of 30 l. respectively and successively, in manner and form aforesaid, and doing and performing all the other Covenants Grants Articles Conditions and Agreements above in these presents declared and specified, which on his and their parts and behalf are to be performed and kept; shall or may according to the true meaning of these presents, peaceably and quietly have hold occupy and enjoy the said Messuage or Tenement, and all and singular the demised Premisses with the Appurtenances, without any let trouble or interruption of the said D. F. and J. S. or either of them, their or either of their Heirs or Assigns, or any of them, or of any other person or persons whatsoever, lawfully claiming, by from or under her, his or their Right Title or Interest, during the said term of 21. years, by these presents granted: In witness &c.
A Lease of Lands revocable upon payment of a summ of money to a Daughter.
THis Indenture, &c. Between R. R. of R. in the county of L. Esquire of the one part, and J. C. of &c. Esquire, and A. H. of, &c. in the said County Gentleman of the other part witnesseth, that the said R. as well for and in consideration of the naturall love and affection which he Consideration. hath and beareth unto M. R. one of the Daughters of the said R. R. as yet unpreferred in marriage, and for raising of a competent marriage portion to and for the said M. in case she should survive the said R. and be unmarried [Page 527] at the time of his death, or do marry with his consent and good liking in his life time as also for divers other good causes and considerations him thereunto especially moving, hath demised granted and to farme letten, and by these presents doth demise unto the said I. C. and R. H. Demise. All that the scit and capitall Messuage called by the name of B. and all Out-houses Barns Stables and other Edifices and Buildings Yards Orchards Gardans Tofts Crofts Curtilages Lands Tenements Meadowes Leasowes Pastures Feedings Woods Ʋnder-Woods Wayes Waters Water-Courses Fishings Ponds Pools Commons Common of Pasture Mosse room Heath Turbary Profits Commodities and Emoluments with their and every of their Appurtenances whatsoever to the said capitall Messuage and Scite belonging, or in any wise appertaining. or with the same heretofore used occupied or enjoyed or accepted executed known or taken, as part parcell or member of the same, containing by estimation 70 Acres of the large measure or thereabouts be the same more or lesse, all and singular which said Scite Capitall Messuage and other the Premisses with their and every of their Appurtenances, are scituate lying and being in R in the said County of L. and are now in the tenure or occupation of the said R. R. or his Assignee or Assignees, being also parcell of his Inheritance. And the said R. R. for the consideration aforesaid, hath also demised granted and to farm letten, and by these Presents doth demise, &c. unto the said JC. and A. H and R. H. all those severall closes and parcells of ground with their Appurtenances hereafter parcicularly mentioned, that is to say &c. with all manner of Waies Entries and Passages to and from the said Closes and parcells of ground severally and respectively belonging, Waters Water-courses, &c. with their and every of their Appurtenances whatsoever to the said severall closes of ground, and every or any of them belonging or appertaining, all and singular which said premisses last mentioned to be demised, are scituate lying and being in the towns territories liberties hamlets or feilds of C. and R. in the said County of L. and now are or lately were in the tenure or occupation of the said R: R. or of his assignee or assignees, and are parcell of his inheritance, to have and to hold Habend. all and singular the said severall closes and parcells of ground, and all other the demised Premisses with their Appurtenances unto the said J C and A H and R H. and to the Survivors and Survivor of them, and the Executors Administrators and Assigns of the Survivors and Survivor of them from and immediatly after the death of the said R. R. for and during and untill the full end and term of ten years from thence next following and fully to be compleat and ended, yeilding and paying therefore yearly during the said Term unto the said R. R. his Heirs and Assigns one Pepper corn only at the Feast of Saint Martin in Winter, (if it shall be lawfully demanded) for all Rents, Suits, Services and Demands whatsoever.
Provided alwaies, and the true intent and meaning of this present demise The trust declared. [Page 528] and grant, and of the partyes thereunto is, That they the said J C &c. and the Survivors and Survivor of them, and the Executors Administrators and Assignes of the Survivor of them being hereby nominated and appointed Leasees in trust and confidence, shall out of the yearly Rents Issues Profits, and Emoluments of the said demised Premisses with the Appurtenances well and truly pay or cause to be paid unto the said M or her Assigns yearly and every year untill the summ of 200 l. of lawfull &c. be satisfied and paid after the rate or summ of 40 l. a yeare of like lawfull English money, at two feasts or dayes of payment in every yeare, that is to say, at the Feasts of &c. or within one and twenty dayes after either of the said Feasts, by even portions at the South Porch of the Parish Church of W. in the said County.
Provided also neverthelesse, That if the Heirs or Assigns of the said A Proviso upon payment of 40 l. yearly till 200 l. be paid, this demise to end. R. R. do and shall well and truly pay or cause to be paid to the said M. R. or her Assigns at the place of payment aforesaid, the said yearly summ of 40 l. untill the said summ of 200 l: be fully satisfied and paid as aforesaid at the severall Feasts and times limited for payment thereof, and in such manner and form as is before declared, that then they the said J. C. &c. & the Survivors and Survivor of them, and the Executors Administrators and Assigns of the Surviuor of them, shall utterly and for ever be barred and excluded from any further occupation or intermedling with the said demised Premisses or any part or parcell thereof, any thing in these presents contained to the contrary thereof, in any wise notwithstanding.
Provided further that if the said R. R. do or shall at any time during his naturall life, pay or tender, or cause to be paid and tendred unto the And also upon tender of 12 d. to the Court. said J. C. A. H. and &c, or to any of them or the Survivors of them or to the Executors Administrators or Assignes of the survivor of them, the summ of 12 d. of lawfull &c. and thereupon do immediatly declare and signifie in the presence of two or more credible Witnesses, that his intent and meaning is by the tenor thereof to have this present demise and grant to be for ever in all constructions frustrate and void. Or if the said M. R. shall in the life time of the said R. R. entermarry with any person without the good liking and consent of the said R. R. that then and from thence forth after such payment or tender of twelve pence, with the intent Or the Daughter marry without her Fathers Consent. and in such manner and form as aforesaid, and for ever after this present demise and grant, and every clause sentence and word therein contained, shall cease determine and be utterly void frustrate and of none effect to all intents constructions and purposes as though the same had never been acted intended or done, any thing in these presents contained to the contrary in any wise notwithstanding, In Witness.
A Re-demise of a M [...]ssuage.
THis Indenture made &c. Between A: B. of &c: of the one part, and C. D: of &c: of the other part. Witnesseth. That whereas the said C: D: by his Deed indented under his Hand and Seale, bearing Date, &c. Hath bargained, sold, demised, and to farme letten unto the said A. B. his Executors, &c. All that Messuage or Tenement, &c. Scituate, &c. To have and to hold the said Messuage or Tenement &c. with all and singular the appurtenances from the date of the said Indenture, for and during the Terme of 99 years under the yearly Rent of one Pepper Corne. As by the said recited Indenture, relation thereto being had more at large appeareth: Now this Indenture Witnesseth. That the said A. B: for divers good Causes and considerations him there unto moving. Hath bargained, sold, betaken, and to Farme Letten; And by these presents doth bargaine, sell, betake, and to farme let unro the said C. D. his Executors, Administrators and Assignes, the said Messuage or Tenement, with the appurtenances, and the Reversion and Reversions, Rents, Issues and Profits, of all and singular the said Messuage and premisses, and of every part and parcell thereof. To have and to hold the said Messuage or Tenement with the appur [...]enancss thereof unto the said C. D. his Executors, Administrators and Assignes, from the ensealing and delivery of these presents, unto the end and Terme of 98 years from thence next ensuing, and fully to be compleat and ended. Provided alwayes, and these presents are upon this condition, nevertheless, that if the said C. D: his Heirs, &c. do not or shall not from henceforth yearly and from yeare to yeare, for and during the naturall lives of R. B and S: B. Children of the said A. B. and the longer liver of them (if the said Lease do so long continue) well and truly pay or cause to be paid unto the said A B. his Executors, Administrators or Assignes, the summe of &c. lawfull money of England on the Feast dayes of &c. by even and equall portions. At or within the Porch of the Church, &c. without any deduction allowance, abatement or defalcation whatsoever. That then and from thenceforth this present Lease of the same premisses shall cease, determine and be utterly void and of none effect to all intents and purposes as if these presents had never been made: And then and at all or any time afterwards. It shall and may be lawful to and for the said A B: his Executors, Administrators & Assignes or any of them to enter into and upon the said [Page 530] Messuage or Tenement and premisses▪ and into every part and parcell thereof in the name of the whole. And the same to have againe repossess and enjoy as in his or their first and former estate, and the said C. D. his Executors, &c. and all Occupiers of the premisses thereout, and from thence utterly to expell, put out and amove, this Indenture or, any thing therein contained to the contrary thereof in any wise notwithstanding: And the said C. D. for him, his Executors, &c. doth Covenant, promise and grant to and with the said A: B. his Executors, &c. by these presents. That he the said C. D. his Heirs Executors, &c. or some of them shall and will, from time to time, and at all times hereafter, during the naturall lives of the said R. B. and S. B. children of the said A. B. and the lives of the longer liver of them (if the said Lease shall so long continue well and truely pay or cause to be paid udto the said A: B: his Executors, Administrators or Assignes, the said Annuall summe or yearly payment of, &c. of lawfull money of England, at the dayes, times and place above mentioned for payment thereof, in manner and forme aforesaid without making default of payment of or in any one payment thereof. And without any deduction, allowance, abatement or defalcation whatsoever. And that he the said C. D. his Executors, &c. shall from time to time during the naturall lives and life of the said R. B. and S. B. well and sufficiently repaire, uphold, support, sustaine, amend, maintaine and keep the said Messuage, &c: in, by and with all and all manner of needfull and necessary reparations and amendments whatsoever.
A Covenant that the lessor may come into the premisses to view the Reparations. Et ut antea.
ANd it is lastly the agreement of the said A. B. his Executors, Administrators, &c to and with the said C. D. his Executors, Administrators and Assignes by these presents: That he the said C. D. paying the said yearely summe of, &c. in forme aforesaid, and performing, fulfilling and keeping all and singular other the Covenants, Grants, Clauses and agreements herein contained and on his behalfe to be done and performed, shall or may peaceably and quietly have hold occupie, possess and enjoy the said Messuage and premisses with the appurtenances above herein and hereby granted and to Farme, letten and every part and parcell thereof, for and during the said Terme, hereby granted and demised without any let, trouble, interruption, incumbrance or disturbance of or by the said A. B. his Heirs, Executors or Administrators, or any of them, or of any other person or persons whatsoever. In Witnesse &c.
LETTERS OF ATTORNEY.
To sue for a Debt due by a Bill of Exchange, to the Attorneys owne use with a Covenant that the Debt is un-discharged.
TO all to whom these presents shall come G. L. of London Marchant, sendeth greeting. Know ye that I the said G. for divers good causes and considerations me thereunto espeally moving. Have ordained, assigned and deputed, and by these presents do ordain, assign and depute, & in my place, put my welbelovied friend A. S. Citizen and Grocer of London, my true and lawfull Attorney irrevocable to demand, levy, recover and receive in my name and stead, to the only proper use and behoofe of the said A. S. of one M: W. Citizen and Draper of London, his Heirs, Executors, or Administrators, the sum of 100 l: of good and lawful money of England, in which said summe the said M. W. is indebted to me the said G. by a certaine writing or Bill of exchange, bearing date at London the &c. Know ye also that I the said G. have by these presents given and granted to my said Attorney my full and whole authority, for default of payment of the said summe or any part or parcell thereof, him the said M. W: his Heirs, Executors or Administrators, by their bodies to Arrest and imprison, and out of Prison againe to deliver and release, and the Goods and Chattells, Lands and Tenements of him the said M. W. his Heirs Executors or Administrators to the use and behoofe of the said A: S. in my name and stead, to cause to be attached, seised or extended, and Pleas prosecutions, [Page 532] and Suits whatsoever against the said M. W. his Heirs Executors or Administrators or any of them, or against the Goods, Chattells, Credits, and Debts of the aforesaid M. W. for the Debt aforesaid, in my name and place, to commence, maintaine and prosecute in any Court or Courts, and before what Judge or Judges soever, as firme and lawfull wayes and meanes as the Lawes of the Land will permit: And upon recovery and receipt of the said money or any part thereof, acquittance or acquittances, Release or Releases, or other discharge in my name, and stead to seale and deliver, and one or more Attorney or Attorneys under him to substitute, and at his will againe to revoke, and further to do, &c. Ratifying, &c. and I the said G: L. do further Covenant and grant for me my Executors and Administrators, to and with the said A. S. his Executors and Administrators by these presents That the said Writing or Bill of Exchange is in full strength and validity, and that I the said G. L. before the making of these presents, have not remitted nor any way released the said Debt, nor any part or parcell thereof. And that he the said A S. his Executors Administrators or Assignes, shall or may have and enjoy all and singular summes of money and other profits whatsoever which by vertue or pretext of the said writing or Bill of Exchange shall happen to be levied to the proper use and behoof of the said A. S. his Executors or Administrators without any accompt to be given or rendred by him for the same, In Witnesse &c.
To Deliver a Deed.
BE it known unto all men by these presents. That whereas I A. B. of C. in the County of S. Gent. I. L. Gent. his wife and S. Sister, of the said A. B. have set our hands and Seales to a writing hereunto annexed, mentioning that we have granted to E. S. Esquire, certaine Tith, Lead-Oare, within the high Park or else where, within the County of D. which Tithe was granted unto us the said A: B. and S. my said Sister by Sir F. L. Knight for certaine years yet to come and unexpired, as by the said writing hereunto annexed appeareth. Now know ye that we the said A. B. I. L. and S. his wife have constituted, ordained and made, and in our stead and place by these presents have put our welbeloved friends H. M. and N. O. our true and lawfull Attorneys, for us and in our names joyntly and severally to take possession of the said Tithe, Lead-Oare, or of some part thereof in the name of the whole by clayming of the same or by seising or taking in our names some parts thereof in the name of the whole, and also for us and in our names as our Deed to deliver the said writing hereunto annexed to the said E S. or to any other person or persons [Page 533] to his use as fully wholy and amply as we the said A. B. I. L and S. could or might do the same in our own persons: Ratifying, &c.
From severall Executors, and Administrators to sue, Ʋnder-sheriffs and Bayliffs of hundreds or for Goods, &c. wrongfully taken, by colour of their Office.
KNow all men by these presents, That we A. B. Widdow, Executrix of the last Will and Testament of R. B. late of M. in the County of S. Gent: C. D. Widdow, Executrix of the last Will, &c. of E: D: of &c. yeoman and E. F. G. H. and I. K. of M. aforesaid. Have made ordained constituted and in our places by these presents have put our welbeloved in Christ Sir R. H. Knight our true and lawfull Attorney to demand levy and receive for us and every of us of F: C. Gent late Deputy, Sheriff to E. C. Esquire late Sheriff of the said County of G. L. late Deputy Sheriff to F. L Esq; late Sheriff of the said County, and after Deputy Sheriff to R. C: Esq; late Sheriff of the said County of G: F. late Bayliff of the Hundred of F. in the said County, and of I. K. late Bayliff of the said Hundred, and of every or any of them, all and singular the summes of money, Goods and Chattells whatsoever, which they the said late late Deputy Sheriffs or Bayliffs, or any others there, or any of their under. Officers or Ministers, or any other person or persons by their, or any of their, have or had received, levyed or taken wrongfully by colour of their said severall Offices of or from us, or every or any of us or of and from the Testators and Intestates above named, and of and from them and every, or any of them by the said Deputy Sheriffs and Bayliffs, or by any of them, and from us as yet wrongfully sustained. Giving and granting to our said Attorneys, our full and whole power and Authority in the premisses, to Arrest, Sue, Implead, Imprision and Convent the said late Deputie Sheriffs and Bayliffs in all or any of the Q: Court or Courts, before all or any of her Majesties Judges, Justices or Commissioners or before any of them, for the wrongfull taking, levying, detayning and with holding of the said summes of money, Goods and Chattells or of any part thereof, and them and every of them in that behalf to condemne, and the said summes of money, Goods and Chattells to recover and receive to the proper use and behoofe of the said Sir R. H without giving or rendring to us or any of us any accompt for the same. It being in full recompence and satisfaction of divers great summes of money by the said Sir R. H: payed and defrayed for us and the said Testators and Intestates, to our Soveraigne Lady the Queens Majesty. And upon such recovery, or recoveries so had or made, or other payment or payments or satisfaction in that behalfe, [Page 534] to be made to the said Sir R: H: by the said late Deputy Sheriffes and Bayliffs, or by any of them, to compound, release or agree with them, or every or any of them, and acquitance or acquittances, release, or releases, or any other discharge in that behalf, as to our Atturney shall seem convenient respectively to Seal and Deliver for Us, and in our Names and Places at the Will and pleasure of our said Atturney, and further to do and execute &c. Ratifying &c. In witness wherof, &c.
To receive the Rents of a Mannor, and for non-payment to re-enter.
BE it known unto all by these Presents, That I A. B. of &c. have made, ordained, deputed and constituted my Welbeloved and faithful Servant C. D. my true and lawfull Atturney to demand, ask, levy and receive for me, and in my name, and to my use of E. F. and all other the Farmers and Occupiers of all and every my Messuages, Lands, Tenements and Hereditaments within my Mannor of N. in the County of L: for the time being, all such rents and summs of money, as now be, or which hereafter shall be due, and payable to me of, and for the Rents of the said Mannor of N. and of all other Lands, Tenements and Hereditaments in S. in the said County of L. by force of a certain Indenture of Lease, bearing date &c. made between &c. and upon receit therof to make, seale and deliuer for me and in my name acquitance or acquitances, or other lawfull and sufficient discharges to make as occasion shall serve and require; and for non-Payment therof, or any part therof into into the said Mannor, Messuages and Premisses, or any part or parcel therof to re-enter, and the said E: F. and all other the Farmers and Occupiers therof to expel and amove, and all other things in that behalf to do and execute in as full and ample manner as I my self could or might, if I were there personally present Ratifying &c. In witness, &c.
To enter into Land for non-Payment of a rent reserved upon a Lease.
KNow all Men to whom these Presents shall come, I. M. H. of London Widow, send greeting. Wheras by Indenture of Lease, bearing date &c. made between me the said M. H. of the one part, and one J. W. of &c. and R. A. of C. &c. of the other part, I the said M. H. did demise and to farm let, unto the said I. W. and R. C. the [Page 535] Mannor or Chantry of S. with the appurtenances and the dissolved Chantry of S. with the appurtenances, and the dissolved Colledge of S. with the appurtenances, late parcel, of, or belonging to the Colledge of R. M. the County of Y. among other things, all lying and being in the said County of N. to hold from the Feast day of the Annuntiation of the Virgin Mary then last past for the Term of 7. years if the extent mentioned in the said Indenture of Lease should so long continue, yeelding and paying therefore yearly during the said term unto me the said M. H. my Executors and Assigns, the full, just and entire summ of 3000 l. of lawful English money, in, or upon the first day of N. and the first day of M. at, or in my then or late dwelling House in M. Lane in London by even and equall portions, with a Proviso or Condition therin contained, that if it should happen the said yearly rent, or any part therof to be behind and unpaid, by, and during the space of 21. dayes next after such dayes, time or times as the same shall grow due or ought or are appointed to be paid by even and equal portions, that then and from thenceforth after such default of payment without any demand to be made by me the said M. H. my Executors or Assigns, of the sa [...]d Rent, or the Arrerages therof at any other place, then only at my said dwelling House in M. Lane in London aforesaid, it should and might be lawfull for me the said M. H. my Executors and Assigns, wholly to re-enter in to all and singular the demised premisses, with the appurtenances, and into every or any part therof, and the same to have again and repossesse, as in mine and their former estate and right, any thing in the said Indenture contained to the contrary in any wise notwithstanding
And wheras the said I. W. and R. A. upon the 21. of this instant May, being the last day of payment of the said rent, according to the Proviso above mentioned to be contained in the said Indentures of Lease, have made default of payment, and have not satisfied or paid all the rent reserved to be paid by the said Indenture of Lease, and the Proviso and Condition mentioned and cont [...]ined in the said Indenture of Lease at the place aforesaid, notwithstanding, I the said M. H. did demand the said rent, at, or in my said dwelling House upon the said 21th. day of May, before the Sun set of the same day, and did continue my demand according to the Law in such cases used, and the purpurt and effect of the same Indenture of Lease, and no person or persons came then and there to make payment of all the said rent unto me the said M. H. according to the purpurt and effect of the said Indenture of Lease and Proviso aforesaid.
Now this I present Writing witnesseth, That I the said M. H. do hereby Constitute and appoint T. S. of F. in the said County of N. Gent. my lawful Atturney and Deputy for me, and in my name and place in respect of the non payment of the said rent, and Proviso aforesaid [Page 536] to re-enter into all and singular the said Mannor or Chantry and dissolved Colledge of S. aforesaid, and into all and singular the Lands, Tenements, and Hereditaments thereunto belonging, lying or being in the said County of N. or into such or so many parts or parcels thenof in the name of the rest, as to my said Attorney shall be thought meet, and convenient.
And further, to expel and put out of the Possession of the said Premisses, or of such parts therof as my said Attorney shall please the said I. W. and R. H. or their Assigns. or Under-tenants, and to hold the Possession therof to my use, according to the purport, effect, intent, and true intent and meaning of the Proviso and contained in the said Indenture of Lease, and what my said Atturney shall lawfully do in the Premises, I do ratifie, and hereby allow and confirm, &c.
To receive the Profits of Lands extended.
TG All to whom these Presents shall come, I. A. B. of &c: send greeting, Wheras W. P. Esquire, now Sheriff of the County of C. by vertue of the Kings Majesties Process or Writ of Extent and Liberate to him directed, hath charged and sworn one sufficient Jury or Inquest of twelve men within this County of C. who by vertue of their said Oath and Charge have found that C. B. G. H. and I. L. Esquires were severally seised and possessed of divers Mannors, Messuages, Lands Tenements, Goods and Chattels within the said County of C. as by an Inquisition under the Seals of the said Jurors, bearing date &c. more plainly and at large it doth and may appear, which Mannors, Lands and Tenements, Goods and Chattels are to be delivered to me the said A. B. in Execution until certain debts due unto me from the said C. B. G. H. and I L: shall be levied and satisfi [...]d.
Now know yee that I the said A. B. have made, authorized, deputed and assigned my servant T. M. my true and lawful Attorney for me and in my name, and to my only use and behoof to take and receive possession and seisin of and in all and singular the said Mannors, Messuages, Goods and Chattels specified and contained in the said Inquisition at the hands and delivery of the said Sheriff or his Deputy, and every part and parcel therof, and so many parts and parcels therof, as to my said Attorney shall happen to be delivered to my use, according to the tenor, form and effect of the said Writ, and the same Mannors, Messuages, Lands, Tenements, Goods and Chattels, to use and dispose to my most profit and commodity in as large, ample, and effectual manner, as I my self might or could do being personally present ratifying and confirming, &c.
To Surrender Copy-hold Land.
KNow all men by these Presents, That I A. B. of &c. Have made, ordained, constituted, and appointed, and by these Presents in my place and stead have put my Welbeloved C. D. and E. F. two Copy-hold, or Customary Tenants by Copy of Court-Roll, according to the Custome of the Mannor of G. my true and lawful Atturneys joyntly and severally to Sur [...]ender for me, and in my name, into the hands of the Lord of the Mannor of G. aforesaid, one Messuage, and twenty acres of Land, be it more or less, commonly called or known by the name of Bartons to the use and behoof L. M. his Heirs and Assigns for ever, according to the Custome of the said Mannor, to be holden by the Rents and Services of right due and accustomed Ratifying and confirming &c. In witness wherof, &c.
Another of the same.
TO. All Christian people to whom this present shall come, R. M. of P. in the County of C. Esquire sendeth greeting, Know ye, That I the said R. for and in part of performance of certain Covenants, Grants, Articles and Agreements, specified and expressed in certain Articles Indented, bearing date the the 10th day of May, in the 20th. year of the Raign of C. late King of England, and made between the said R. M. of the one part, and T. S. of S. in the said County Esq; of the other part, and for divers other good causes and considerations, me hereunto especially moving, Have made, ordained, constituted, and by these Presents in my Place, have put my Welbeloved Friends G. H. and I. K. my true and lawful Atturneys, for me, and in my name and place joyntly and severally to Surrender into the hands of the King as Lord of the Mannor and Forrest of M. in the said County of Chester by his Steward there at the next Halimote or Court of the Mannor and Forrest aforesaid, or at any other Court or place within the Mannor and Forrest aforesaid, all and singular those Messuages, Lands, Tenements, Medows, Feedings, Pastures, Rents, Reversions, Services and Hereditaments whatsoever, with all and singular their appurtenances, scituate lying and being within the Mannor and Forrest of M. aforesaid, now or late in the several joynt occupations of I. L. R. T. &c. or any of them, to the intent & purpose, that the said King having possession and Seisin therof by his Steward of the Mannor and Forrest aforesaid, will Give and Grant the foresaid Messuages, Lands, Tenements, and other the Premisses to R. S. and T. W. to hold to them the said [Page 538] R. S. and T. W. their Heirs and Assigns for ever, according to the Custome of the Mannor and Forrest by the Rents and Services heretofore due, and of right Accustomed, Ratifying &c. In witness &c.
To make Entry into Lands.
BE it known unto all men by these Presents. that we H. D. of G. in the County of Middlesex, Esquire, and M. his Wife, and A. S. sister of the said M. have authorised and appointed, and by these Presents do authorise and appoint J. R. and J. T. and either of them joyntly and severally for and in the name and to the use of us the said H. D. and M. as in the Right of the said M. and for and in the name, & to the use of the said A. and of F. M. Son and Heir apparant of P. M of C. in the County of Y. and for, and in the name and names, and to the use of all and every of us the said H. and M: and in the Right of the said M. and the said A. and F, to enter into all and every the Messuages Mills Lands Tenements and Hereditaments scituate or being in F. G. and H: in the County of N: and in every or any of them, which at any time heretofore was or were the inheritance, or did appertain or belong unto F. S. of S, Esquire late deceased Father of the said M: and A, and Grand-Father of the said F: M: in whose severall or other tenures or occupation soever the same or any of them now are, or heretofore have been, and all and every the said Hereditaments for and in the name and names, and in the right of us the said H. D. M A: and F: as aforesaid to claim challenge and demand as the proper and lawfull Inheritance of the said H: M: A: and F: M: And furthermore for us the said H. M: F: and A: S: and for every of us aforesaid, in and upon all and every or any of the said Hereditaments, joyntly and severally to claime and demand in the name and names of us the said H. and M, as in the Right of the said M. and in the name and names of the said A. and of F: M. and of every of us, all and every such the Reversion and Reversions Remainder and Remainders, of and in all and every or any of the said Hereditaments which do or doth lawfully or rightfully unto us the said M. A. and F. or to any of us, and did heretofore appertain or belong to R: S: Esquire, the late deceased Brother of the said M and A. and uncle to the said F. M. and lastly jontly or severally to do and make all and every such Entry and Entries Claim and Claims in or upon all and every or any the premisses, for and in the names and right of us the said H, M: A, and F. M. and for the reducing setling or revesting unto us the said H and M. as in the right of the said M: and the said A: S: and F: M: and to every of us, all such estate possession [Page 539] reversion and remainders as to the said M A and F: M: did or doth lawfully appertain or belong; of or in the premisses as to the said J. R. and J: T: or to either of them, shall at any time or times seem expedient and convenient, In witness &c.
To Sue for Lands.
TO all to whom these Presents shall come, A: B of C. &c. Gentleman sends greeting, Know yee that I the said A. B: have constituted and ordained, and by these presents in my place, have put my welbeloved Freind E: F: of &c. my true and lawfull Attorney for me and in my name and stead to enter into one capitall Messuage or Tenement with the Appurtenances commonly called G: scituate lying and being, in &c: and into every part and parcell thereof, and full and peaceable possession and seisin thereof and therein for me and in my name to take and after such possession and seisin for me and in my name so had and taken, then for me and in my name place and stead, to expell remove and put forth the Tenants and Occupiers of the said Messuage or Tenement with the Appurtenances, and every or any part thereof, and the same and every part thereof to my use, to keep occupy and enjoy, and also giving, and by these presents granting to my said Attorney full power and lawful authority for me and in my name to commence begin sue implead and prosecute any action or actions suit or suits aswell reall as personall whatsoever, in any Court or Courts, and before any Judge or Judges whatsoever against the persons Tenants and Occupiers of the said Messuage or Tenement and other the premisses, and against all and every other person or persons whatsoever of for and concerning the wrongfull withholding and detaining of the said Messuage and Tenement and other the premisses, or any part thereof: And the said Suit and Suits for me and in my name to prosecute and follow, and in my Right and Title of in and to the premisses before the said Judges to proceed to triall, and to do appoint and limit to be done, all other acts and things concerning the recovery of the premisses or any part thereof, and the said A. B. that he his Executors and every of them shall and will from time to time and at all times here after avow and justifie all and every lawfull action and actions suit and suits whatsoever to be commenced pursued and taken in his or their name or names for or concerning the said Messuage or Tenement and other the premisses, or any part or parcell thereof, in manner and form aforesaid, and that the said A. B. his Executors, Administrators nor Assigns nor any of them, shall at any time or times hereafter release [Page 540] any Action or Actions suit or suits commenced or to be commenced as aforesaid, or to be non suit, or to suffer any discontinuance or Retraxit thereof to be made without the assent and consent of the said A. B. his Executors or Administrators in any wise ratifying, &c. In Witnesse, &c:
To receive money.
BE it known unto all men by these presents, that T. B. of H, in the County of L. Gentleman, hath made ordained constituted and deputed, and in his name place and stead, hath put his beloved friend R S of P. in the said County Gentleman, his true and lawfull Attorney irrevocable to ask require demand and receive to and for his own use and behoof of H. I. of N. in the said County Yeoman, the summ of 20 l. of currant money of England, and for non-payment thereof to arrest attach sue implead and imprison him the said H. I. his Executors or Administrators for the said summ or any part thereof, and upon receipt and payment there of him the said H. I. his Executors or Administrators out of prison to deliver and release, and to make seal and deliver acquittance or acquittances or other sufficient discharge and re lease to and for the same & the said T B doth also herby authorise him the said R. S. to make constitute and depute one Attorney or more under him as in his discretion shall be thought needfull for the better doing effecting and accomplishing of the Premisses.
And further he the said T. B. doth hereby promise to ratifie confirm allow and establish whatsoever his said Attorney or his deputed Attorneys, shall lawfully do or cause to be done in and about the Premisses, for the obtaining of the said summ as fully and absolutely as if he himself were personally present.
And lastly he the said T. B. doth hereby covenant promise conclude and agree to and with the said H. I. his Executors or Administrators, that neither he nor any other in his name with his consent and privacy heretofore hath made, nor that he his Executors or Administrators hereafter shall make any release acquittance or discharge of the said Debt or of any part thereof, nor that he the said T. B. his Executors or Administrators, or any person or persons shall or will make any Retraxit or discontinuance of any Action Suit Plaint Plea Judgement or Execution in any Court where the cause or matter shall be depending but shall and will maintain avow and justifie all and every Action Suit Plaint Plea Judgment and Execution, to be commenced had taken or sued forth by him the said H. I. or his substitute Attorneys for or concerning the same, In Witness whereof, &c.
TO all to whom these Presents shall come, I E. F. of G. in the County of H. sendeth greeting, Whereas R. H. of &c. Gentleman by his certain Letter of Attorney bearing date, &c. hath made ordained constituted, and in his place put me the said E. F. his true and lawfull Attorney irrevocable, to ask levy recover and receive in the name of the said R. H. to the proper use and behoof of me the said E. F. from A R of &c. the summ of 20 l. due unto him the said R. H. by virtue of an Obligation wherein the said A. standeth bound to the sayd R, as by the said Obligation dated &c. more fully my appear.
And the said R. H. by his said Letter of Attorney, gave and granted to me the said E. F. his full and whole power for the Execution of the Premisses, and for and in default of payment of the said summ of 20 l. or any part thereof, the said A. R. his Executors or Administrators in his name to arrest and imprison, and upon payment thereof him out of prison again to deliver, and Acquittance or Acquittances, Release or other lawfull discharge in the name of the said R. H. to make seale and deliver, and to substitute under me one Attorney or more for the better effecting of the Premisses, and the same at my Will and pleasure to call again and revoke, as by the said Letter of Attorney, relation thereto being had, more at large it doth and may appear.
Now know ye that I the said E. F. by force and authority of the said Letter of Attorney so to me made, have ordained substituted, and in my place put my welbeloved freind C. D. of E. &c. my true and lawfull Deputy and Attorney, as well to ask levy recover and receive in the name of the said R. H: or in the name of me the said E. F: to the use and behoof of my said Attorney and his Assigns, the said summ of 20 l as also for default of payment thereof, or any part thereof, the said A. R. his Executors Administrators or any of them to arrest, implead and imprison, and pleas and prosecutions against him or them to maintain in any Court or Courts whatsoever, and upon receit thereof in the name of the said R: H: or me the said E: F: to make seal and deliver:
And further to do or cause to be done, any other lawfull act in or about the Premisses, as I the said E: F: by virtue of the said recited Letter of Attorney may or might have done therein, without any account thereof or in any part thereof to be rendred to me, my Executors &c. ratifying confirming and allowing, &c:
For collecting Debts.
KNow all men by these presents, That I A. B. Citizen and Grocer of L. have made ordained constituted, and by these presents do make ordain and appoint my trusty and wel-beloved Friends C. D. and E. F. of &c. yeoman, my true and lawfull Attorneys, joyntly and severally, to ask require recover and receive, for me and in my name and to my use, all and singular summs of money, Goods Chattels Debts Duties and Demands whatsoever they be, of all person and persons in any wise due to me within this Realm of E. giving and granting to my said Attorneys and to every of them, my full power and lawfull authority for non-payment of the said summs of money, Debts Demands and Duties, to arrest sue and implead imprison and condemn, all and every such person and persons as shall deny or do not upon demand pay or satisfie all such summs of money, Debts and Duties as are in any wise due unto me, and upon receipt of the said summs of money, goods and debts, severall and respective Acquittances, or other sufficient discharge for me and in my name, to make seal and deliver, and one Attorney or more under them, to make and at their pleasure to revoke again: And further to do all other things needfull for recovery therof, as I my self might do, ratifying and confirming whatsoever my said Attorneys or either of them shall lawfully do in my name concerning the premisses by these presents: In witnesse wherof &c.
To receive Writings and seal a Counter-part of a Deed.
BE it known to all men by these presents, That A. B. of &c. have assigned made ordained constituted authorized, and in my place by these presents have assigned made ordained constituted, and in my place put my well-beloved Friend C. D. of &c. my true certain and lawfull Attorney and Deputy in this behalf; that is to say, for me and in my name and to my use to receive of E. F. of &c. one Indenture to be made sealed and delivered by the said E. F. and for the recovery of the summ of 100 l. to the said E. F. by G. H. of &c. Gent. and also in my name and to my use as aforesaid, to take and receive of the same E. F. an Obligation wherin the said E. F. shall stand bound to me in the penall sum of 500 l. for the performance of the Covenants Grants Articles and Agreements, which on his part are to be performed by force of the said Indenture: And also for me and in my name, to seal subscribe and deliver as my act and deed, the Counterpart of the said [Page 543] Indenture to me the said A. B. to be made as aforesaid, giving, and by these presents granting to my said Attorney my full power and authority, all and every thing and things, requisite necessary and lawfull in and about the premisses, to do and execute for me and in my name, as well as I my self might or could do if I were personally present, ratifying and confirming whatsoever my said Attorney shall lawfully do or cause to be done in or about the premisses to my use &c.
To take possession of Lands upon a Liberate.
BE it known unto all men by these presents, that I A. B. of &c. Gent. have made ordained constituted, and in my stead and place by these presents do make ordain constitute, and in my place put my well-beloved Friend C D. and E. F. of E. in the County of D. Gent. my true and lawfull Attorneys, joyntly and severally for me and in my name, and to my only use and behoof, to enter in and upon all such Mannors Messuages Lands Tenements and Hereditaments of Sir E. M. Knight, within the said County of D. as were lately extended at the Suit of me the said A. B. and to me assigned by R. H. Sheriff of the said County of D. and full and peaceable possession and seisin therof, and every part and parcell therof, by force and virtue of a Writ of Liberate in that behalf to me granted, and for me and to my use to hold detain and keep, and to put and place in possession therof to my use, such person and persons, as to them or either of them shall seem meet, giving and granting to my said Attorneys, joyntly and severally my full power and lawfull authority for me and in my name, to do all and every such other act thing or things whatsoever, in and about the Premisses, as to them shall seem necessary and meet, as fully and effectually as if I my self were present &c.
MORTGAGES.
A Mortgage of one peece of Land to make assurance of another peece of Land by a day, and a Covenant that if the Land mortgaged be redeemed, and after sold, the Vendee shall have the preferment to buy it before another.
THis Indenture &c. between E. P. of E: in the County of L. Gent. and H. P. Son and Heir apparant of the said E. P. on the one party, and R. L. of T. in the County &c. Gent. on the other party, witnesseth, That the said E. and H. for and in consideration of the summ of 2400 l. of &c. wherof &c. Have bargained and sold given and granted, and by these presents do bargain &c. to the said R. and to his Heirs and Assigns for ever, all that the Mannor of S. with the appurtenances in M. in the County of L. or elsewhere within the same County of L. and all other Messuages Tofts Mills Lands Tenements Meadows Pastures Feedings Woods Under-woods Rents Reversions Services Courts-Leets view of Frankpledge Waifes Straies Heriots Relief Escheats Profits of Courts and Leets, & all other common Advantages and Hereditaments whatsoever, with their appurtenances to the said Mannor belonging or in any wise appertaining, or which at any time heretofore have been reputed accepted taken, demised occupyed or esteemed, as part parcell or member of the said Mannor: And all that Close or Pasture called &c. And also all other the Lands Tenements and Hereditaments Rents Reversions and Services within the Parish of M. aforesaid, which late were the Inheritance and Possession of one E. H. Esquire: And all other the Lands Tenements and Hereditaments, which the said E. P. and H. P. or either of them, now ha [...]h, or at any time had in S. aforesaid, in the said County of L. together with all and singular the Evidences &c. as many of which said Evidences as be in the hands or custody &c. and also true Copies of all other Evidences touching the above bargained Premisses, or any part therof joyntly with other Lands and Tenements; the said E. and H. for them, their Heirs and Executors, do covenant to deliver or cause &c. to the said R. his &c. on this side the Feast of [Page 545] Easter next coming: To have and to hold all the said Mannor of S. with the appurtenances, and the said Close of Pasture called &c. and all and singular other the Premisses, with their appurtenances, to the said R. his Heirs and Assigns for ever, to the only use &c.
And the said E. and H. and either of them, for themselves, their Heirs Executors Administrators and Assigns, and every of them do covenant and grant, to and with the said R. L. his &c. in manner &c. That is to say, That they the said E. and H. so far as is not let by such former conveyance, as the said E. hath heretofore made to the said R. now are, or one of them now is lawfully seised of the said Mannor Lands Tenements &c. above by these presents bargained and sold, of a good perfect absolute and pure Estate in Fee-simple, without any condition or limitation of use or uses: And of such Estate have, or one of them hath good and lawfull right and authority to bargain sell and assure all and singular the Premisses above bargained and sold to the said R. his Heirs and Assigns, for the only use of the said R. and of his Heirs and Assigns for ever.
And that the same Premisses now are, and for ever hereafter shall stand and continue to the said R. his Heirs and Assigns, cleerly discharged, or otherwise from time to time, and at all times saved harmless by the said E. and H. their Heirs Executors and Assigns, of and from all and singular former Bargains &c. except such Leases for term or terms of years &c. upon which Leases the accustomed Rents or Services, or more been reserved, and shall be yearly payable to the said R. &c. during the same Leases: And except also such Bargains and Incumbrances▪ as the said E. hath heretofore made of the premisses, or of any part therof, to the said R. and except moreover the Rents Customes and Services hereafter to grow due to be paid and done to the chief Lord or Lords of the fee or fees of the premises in respect of their Seigniories only.
And also the said E. and H. do covenant &c. that the said Mannor and other the above bargained premisses, now are, and from henceforth shall or lawfully may be and continue to the said R. his Heirs and Assigns, of the cleer yearly value of 100 l. of &c. above all tharges and reprises. And that he the said R. his Heirs and Assigns, shall or lawfully may have hold occupy possess and enjoy, all and singular the above bargained premisses, according to the true intent and meaning of these presents. And lawfully have take perceive and receive, all the Rents Issues and Profits therof, from time to time, to their own use for ever, without any lawfull challenge eviction recovery or expulsion, by any person or persons. And that the said E. H. and K. now wife of the said E. and all having any Estate of Free-hold or Inheritance, of or in the said Mannor and other the Premisses above bargained and sold, at the reasonable request, and at the costs and charges in the Law of the [Page 546] said R. his Heirs Executors or Assigns, shall and will do make knowledge suffer and execute, and cause &c. all and every such act and acts, thing and things in the Law, for the further assurance & sure making of all and singular &c. to be had and made sure to the said R. his Heirs and Assigns, for their own use for ever; as by the the same R. his Heirs or Assigns, or his or their Councel learned in the Laws of this Realm, from time to time, & at all times during 7. years, next after the date of these presents, shall be lawfully and reasonably devised or advised and required: be it by Fine Feoffment, Deed or Deeds, enrolled Enrolements of these presents, release with warranty against all men, Recovery or Recoveries, with Voucher or Vouchers, or otherwise in any other lawfull and reasonable manner whatsoever, according to the true intent and meaning of these presents.
Provided alwaies, and the said R. L. for himself, his Heirs and Assigns, Condition. and for every of them, doth covenant grant and agree, to and with the said E. and H. their Heirs and Assigns, and the Heirs and Assigns of every of them by these presents, That if the said E. H. or either of them now be, or if on this side the 24. day of March, which shall be &c. the said E. and H. or either of them, shall be and stand lawfully and absolutely seised in their Demesne as of Fee, of a good perfect lawfull and rightfull Estate in the Law, by good and just Title, to the proper and only use and behoof of the said E. and H. their Heirs or Assigns, or of one of them, their Heirs & Assigns, absolutely without any condition of Redemption or Mortgage, as well of and in one Close of Meadow ground called &c. containing by estimation &c. late in the occupation &c. in the Parish of M. aforesaid, butting &c: And also of and in that Close &c. And if then the said Close of Meadow, containing &c. and the said Close &c. and every part and parcel therof be, and stand and from thenceforth for ever shall be and stand cleerly acquitted and discharged, or else at all times, from time to time for ever saved harmlesse by the said E. and H. their Heirs Executors and Assigns, of and from all and singular other former Bargains &c. and of and from all and all manner of other former Estates Titles Charges and Incumbrances whatsoever (the Rents Customs and Services therafter to be due to the chief Lords of the Fee or Fees therof, in respect of their Seigniories, only except: And then if the same E. and H. and their Heirs and Assigns, or either of them, his Heirs or Assigns, so being seised of the said Close of Meadow &c. and of the said Close &c. do at any time on this side the said 24. day of March &c. at the costs and charges in the Law of the said E. and H. or of one of them, or of the Heirs or Assigns of one of them, well and sufficiently, by good lawfull sure and perfect assurance in the Law, convey and assure in possession the said Close &c. and the said Close &c. unto the said R. his Heirs and Assigns in Fee simple, to and for the proper and only use [Page 547] and behoof of the said R. his Heirs and Assigns for ever: That then immediatly from and after the said conueyance and assurance made by the said E. and H. or either of them or the Heirs or Assigns of either of them, to the said R his Heirs and Assigns in form aforesaid, of the said Close &c. so discharged and saved harmlesse as is aforesaid; The Bargain and Sale of all and singular the Premisses above made by these present Indentures, and every thing therin comprised touching the Premisses, so above in and by these presents bargained and sold, and all and every other Conveyances Bonds and Assurances therupon made, shall be utterly void and frustrate. And also that then and from thenceforth, the said R. his Heirs and Assigns, and every of them shall stand and be seised of the said Mannor of S: with the appurtenances, and of all and singular the Premisses above by these presents bargained and sold, to the only and proper use and behoof of the said E. P. his Heirs and Assigns for ever.
And wheras heretofore by one pair of Indentures, dated &c. made between the said R. on the one party, and the said E. on the other party; There are divers Covenants Grants and Agreements made between them touching the Premisses The said E. P. and H. P. for their part, and the said R. L. for his part, and every of the same parties for himself, his Heirs Executors Administrators and Assigns, do covenant grant and agree, to and with the other of them by these presents, that the said Covenants Grants and Agreements, contained in the said former Indentures, on either party to be done or performed towards the other, except that which concerns the payment of 2500 l. by the said E. his Heirs Executors or Assigns, to the said R. his &c. to be paid: And except all Uses, and all Covenants and Agreements there made for any use or uses to be raised in any Lands or Tenements, by reason of payment of the said 2500 l. shal be and stand in their ful force and strength, truly to be kept and performed, as if these presents or any other assurance to be made, by virtue therof had not, or should not have been had or made, any thing in these presents contained, to the contrary notwithstanding.
And the said E. P. covenanteth with the said R. his &c. That if hereafter the Inheritance of the Premisses by these presents above bargained, at any time during the lives of the said E. and R. shall return to the said E. and H. or to either of them, that then, and at any time whilst the said E. and R. shall be living, the said E and H. or either of them, shall not bargain sell, or otherwise put away the said Premisses above by these presents bargained, or any part therof, or the Mannor of E. with the appurtenances, or any part therof of any estate of Inheritance, or make, or grant any Rent-charge ou [...] of the same, or any part therof, above the yearly value of ten pounds, to any person or persons, unlesse the said E. and H. do first tender therof to the said R. and then will [Page 548] grant and assure the same to the said R. and his Heirs for ever, as good cheap, and at as low price as they will sell or grant the same, at any time, to any other person or persons uprightly and simply, without any fraud or covin, so as the said R. may then have the same for such price as aforesaid, if he will then so take and accept it: In witness &c.
A very good Mortgage of a Grand Lease, and of the rent of an under Lease ther-out made, with Covenats to transferr the benefit of a Bond and Covenants, and a Covenant that the Mortgagor shall deliver the possession of the Premisses Mortgaged, if he fail in payment.
THis Indenture &c. between E: N. of L: Clothworker, on the one party, and R. B. of L. Merchant on the other party, witnesseth, That wheras A: M: of L. Esquire, Son and Heir of Sir R. M. Knight, late Citizen and Alderman of L. deceased, by his Indenture of Lease, dated &c. did demise grant and to farm-let unto the said E: N: all that Messuage or Tenement called &c. and all Ware-houses Shops &c. scituate &c. except &c. To have and to hold &c. yeilding and paying &c. as by the said former Indenture &c.
And where the said E. N. sithence by his Indenture bearing date &c. Hath demised and letten to farm to J. W. &c. one little Shop parcel of the said Messuage &c. To have and to hold the said litle Shop to the said J. W. from the Feast &c. untill the end and term of &c. yeilding &c. to the said E. N. &c. 6 l. &c. as by the said last recited Indenture of Lease mo [...]e plainly &c.
Now the said E. for and in consideration of the summ of 226 l. 13 s. 4 d. of &c. wherof &c. and therof and therfore &c. hath given granted &c. to the said R. all the said Messuage or Tenement, with the appurtenances, and all and singular other the Premisses, with their appurtenances, demised to the said E: N: as abovesaid, and the Reversion and Reversions therof, and all the said yearly Rent reserved upon the said Lease, made to the said J: W: as above said: And also the said original Indenture of Lease made to the said E: W: and the counterpart of the said Lease which the said E. made to the said I. W. and one Obligation of 300 l. wherin the said A. M. standeth bound to the said E. for the performance of the Covenants of the said Original Lease, on the part of the said A. his Heirs and Assigns to be performed, and all the Estate &c. To have and to hold the said Messuage and other the Premisses, with the appurtenances, by these presents bargained and granted: [Page 549] And all the Estate &c. of the said E. of in and to the same to the said R. B. his Executors Administrators and Assigns, for by and during all the residue of the said term of thirty years now to come and unexpired.
And the said E: N. covenanteth &c. in form &c. That he the said E: now is the true and sole Owner and Proprietor of the said Original Indenture of Lease, and of all the Premisses therby demised, for all the residue of the said term of 30 years yet to come, except only such interest as the said I: W: hath in the said little Shop, by virtue of the said Lease to him therof made as aforesaid; And that he the said E. now hath lawfull right and authority, to give grant bargain and sell the said Premisses above bargained, and every part therof to the said R: B: and his Assigns, according to the tenor and purport of these presents, and that the said messuage or tenement, & al other the above bargained Premisses, with their appurtenances now are, and during all the residue of the said term of 30. years now to come, shall be stand abide and continue cleer and free discharged and acquitted, or otherwise by the said E. his Executors or Administrators, sufficiently saved harmlesse, of and from all and singular former bargains &c. had made done knowledged procured or suffered by the said E: or his Assigns, or by his or their means knowledge consent or procurement, the yearly Covenants and Agreements expressed in the said Original Indenture of Lease, hereafter for the part of the said E. and his Assigns, to be paid and performed. And the said Lease made to the said J: W: wherupon the yearly Rent of 6 l. aforesaid is reserved, and from henceforth during the same Lease, shall or may be yearly payable to the said R. and his Assigns, only except.
And further that by the said Original Indenture, there is a good perfect sure and lawfull Lease of all and singular the said Messuage and other the Premisses therwith demised as aforesaid (except only therin excepted) wh [...]ch shall have or lawfully may have endurance and continuance in the said R. and his Assigns, by and during all the residue of the said term of &c. now to come: And that as occasion shall be given from time to time, the said R his Executors Administrators and Assigns, at their own costs and charges, in the name and names of the said E. his Executors and Administrators, shall and may have and prosecute, all and singular such Actions Suits Recoveries Advantages and Executions against the said A: M: his Heirs Executors Administrators, and every of them, of and upon the Covenants and Agreements contained in the said Original Indenture, and the Obligations aforesaid, and upon every or any of them, as by course of the Laws of this Realm may be had: And all Advantages and Profits therof, shall and may have detain keep and enjoy to the only use of the said R. his Executors and Assigns, without any account making therof, or of any part therof, [Page 550] and without any let deniall hinderance or impeachment of the said E. his Executors or Administrators; And that he the said E. N. his Executors and Administrators upon every reasonable request, and at the costs and charges of the said R. B. his Executors or Assigns, shall and will vouch maintain and justifie, all and singular the said Actions Suits Recoveries and Executions, and shall not willingly do or knowledge, or cause to to be done or knowledged, any thing in prejudice or hinderance of the said R. B. his Executors or Administrators, in or touching the said Suits Actions Recoveries and Executions, or in or touching any of them.
Provided alwaies, that if the said E. N. his &c. do pay &c. to the said &c. at the now Mansion House &c. the summ &c. in manner and form following; That is to say, 17 l. 15 s. 4 d. therof, on the 22. of Aug: &c. and 108 l. 18 s. residue and in full payment of the said summ of &c. on the 22 of Aug: which shall be &c. that then and from thenceforth, these present Indentures, and the Gift Grant Bargain and Sale aforesaid, of all and singular the Premisses, shall be cleerly and utterly void and frustrate, as though the same had never been had or made.
And the said R: B: covenanteth &c: in form &c. viz. That when as the said E. N: his Executors Administrators or Assigns, shall have paid or cause to be paid the said summ of 226 l. 13 s. 4 d. and every part therof to the said R: his &c. in form aforesaid, or otherwise before hand, that then and at all times after, upon reasonable request, the said R. his Executors or Administrators or shall re-deliver, or cause &c. to the said E. N. his &c. the said O [...]iginall Indenture of Lease, and the said Obligarion and the counterpart of the said Lease made to the said J. whole safe and uncancelled; And then shall agree and consent that that part of these presents under the Seal of the said E. N: together with the other part therof, under the Seal of the said R. shall be cancelled without any delay, fraud or covin: And also that the said R. B. his Executors Administrators and Assigns, shall and will permit and suffer the said E. his Executors and Administrators, quietly to have hold and occupy the premisses, and to take have and enjoy the said yearly rent reserved upon the said Lease made to the said J. W. from henceforth, untill the said 22. of Aug: &c. without any set trouble or eviction of the said R. his Executors Administrators or Assigns, so as the said E. his Executors or Assigns, do in the mean time, as well satisfie and pay the Rent and keep the Covenants of the said Original Indenture of Lease, which by virtue therof shall be due to be paid and done, as also do in form aforesaid, satisfie and pay to the said R. his certain Attorney Executors or Administrators, so much of the said summ of 226 l. 13 s. 4 d. as by the true meaning of these presents shall in the mean time be due and payable.
And the said E. N. covenanteth &c. That if the said E. N: his Executors Administrators or Assigns, shall make default, and shall not pay the said summ of &c: and every part therof to the said R: his Executors &c. in manner and form aforesaid, that then from time to time & at all times, after such default made, the said E. his Executors Administrators or Assigns, upon reasonable request, shall and will undelayedly yeild up and deliver all the said Messuage &c. except only the said little Shop demised to the said J: as aforesaid, into the hands and possession of the said R. his Executors and Assigns, cleer and free acquitted of all arrerages of the said yearly Rent reserved by the said Original Lease, and of all Forfeitures Re-entries Cause and Causes of Forfeiture and Re-entry, and all other Damages hurts and Incumbrances, had or made, or in the mean time to be had made done or suffered in any wise: In witness &c.
A Mortgage of a grand Lease, with the Rent reserved upon an Ʋnder-lease thereout made also an Assignment of the Covenants and Bond made by the Ʋnder-lessee.
THis Indenture &c. Between I. H. &c. on the one part, and T. W. &c. on the other part witnesseth, That the said I. H. for and in consideration of 60 l. wherof &c. Hath given, granted, bargained, sold, assigned, and set over, and by these Presents &c. to the said T. all the estate, right, title, reversion, interest, charge, term and terms of of years and demand whatsoever, which he the said I: hath or ought to have, or may lawfully claim to have, of, in, or to the Scite of the late Monastery of &c. and of and in one Messuage &c. All which Premisses A: B: by Indenture, dated &c. Demised to the said I: from &c. for and during the term of of 21. years then next ensuing, and fully to be compleat, and for the yearly Rent of 19 l. of &c. payable, as by the said Lease &c. And also the said I: H: for the consideration aforesaid, doth by these Presents, give, grant, bargain, &c. unto the said T: W: the said Indenture of Lease, and all the now Residue of the term of years therin specified, and also the yearly rent of thirty pounds reserved or agreed to be paid to the said I: his Executors and Assigns, in, by, or upon one Demise by him the said I. H. made and granted of divers parcels of the Premisses to A: B: &c. by Indenture dated &c. And also that part of the same last mentioned Indenture of Lease made to the said A: which is under the Hand and Seal of the said A: together with all other Conveyances, Deeds, Mynuments, Escripts, and Writings, which he the said I: hath, or ought to have for or touching [Page 552] or by reason or means of the Premisses, or any of them. To have and to hold all the said estate, interest, reversion, term and terms of years and all and singular other the Premisses, with their appurtenances to the said T: W: his Executors Administrators and Assigns, immediatly from henceforth unto the end and term of the said 21. years mentioned in the said Indenture of Lease made by the said A: to the said I: as aforesaid.
And the said I: for him &c. Covenanteth &c. in form &c. That he the said I: at the time of the ensealing and delivery of these Presents is true and lawful Owner of the said Original Indenture of Lease, and that he the said I: now also is true, full, absolute, and perfect Owner and lawfully possessed, as well the said yearly rent of 30 l. for the term of 15. years next ensuing from &c. as also of the Reversion of all and singular the Premisses demised to the said A. B. as aforesaid, with their appurtenances for all the term of 15. years specified in the said Indenture of Demise made to the said A: B: to the only use of the said I: and his Assigns, without any manner of Condition whatsoever. And that the said yearly rent of 30 l. and all other the Premisses above limited or mentioned by these Presents, to be bargained &c. to the said T. now are and from henceforth shall continue, remain, and be to the said T. W. his Heirs Executors Administrators and Assigns, for and during all the said 15. years specified in the said Indenture of Lease made to the said A. B: free and cleerly discharged &c. of and from all singular former bargains, &c Releases and Incumbrances whatsoever had made or done by the said I. or in his default, or by his means, knowledge, consent, or agreement. And that the said yearly rent of 30 l. from henceforth untill the end of the said 15. years next ensuing from the first of Septemb. last past before the date hereof, shall or may lawfully be due and payable to the said T. his Executors and Assigns, according to the tenor and purport of the said Indenture of Lease made to the said A: B: as abovesaid, and according to the true meaning of these Presents.
And wheras the said P. S. and G. S. of &c. C: F: and R: F: of &c. by their Obligation, dated &c. do stand bound to the said I. in the summ of 200 l of &c. with a Condition therupon endorsed touching the payment of the said yearly rent of 19 l. reserved upon the said Original Indenture of Lease to &c. and for, and touching such other matters, as in the same Condition are expressed. And where also the said P. S. P. A. I. S. and G. S. by their Obligation, dated &c. do stand bound to the said I. H. in the summ of 100 l. of &c. with a Condition there under-written touching the performance of the Covenants, Clauses and Agreements which are to be performed, on the behalf of the said P. his Executors or Assigns specified and comprised in the said Indenture of Demise made to the said P. as abovesaid, the said [Page 553] I. H. for him, his Execut. and Admi. doth by these Presents give transport and set over unto the said T. his Executors and Assigns, the said several obligations, & the said several sums of mony in them severally specified; & all actions, rights and demands to and in the same, and every of them, to have, take, recover, and enioy the same, to the use of the said T: W. his Executors and Assigns, without yeelding any account of or for the same, or any part therof in as large and ample manner and form, as the said I. ought, or he his Executors or Administrators, may recover or obtain, or might have recovered or obtained the same if this present Indenture been had never had nor made to, in for and about the recovering obtaining, getting and discharging of which said several summs of money contained or specified in the said several Obligations, and the prosecuting and suing out of all Actions, Suits, Judgements and Executions in that behalf, and the doing and executing of all things to or for those effects. The said I. H. for him &c. by these Presents doth clearly, fully, and absolutly, give, grant, and transferr unto the said T. W. his Executors and Administrators, full and irrecoverable power and authority in as ample, and in such manner as shall be requisite in the Law.
And further the said I. for him &c. Covenanteth &c. That he the said I. heretofore hath not acquited, discharged, or made void. And that he the said I. his Executors or Administrators, or any of them shal not acquit &c. the said Obligations or summs of money, or any of them, or any part or parcel of them, or of any of them, or of the Covenants, Grants Articles or Argeements mentioned in the said Indenture of Lease made to the said P. S. as aforesaid, or any of them without the speciall consent and request in Writing of the said T. his Executors or Administrators first therefore had and made. And that the said I. his Executors or Administrators at any time without like request and consent as aforesaid shal not receive, take, or otherwise discharge or acquit the said several sums of money contained the said several Obligations, or any part or parcel of them, or of either of them; and also that the said T. his Executors and Administrators without let or interruption of the said I. his Executors ar Administrators, or any of them, or of any other by the means of any of them, shall and may recover and obtain the said several summs of money specified in the said several Obligations, and every part &c. and take, retain and enjoy the same, and every part of them, from and after the recovery and obtaining therof, to the use of the said T. &c. without any account of or for the same, or any part therof to be yeelded or demanded, to or by the said I. his Executors or Administrators, or any of them, & that the said T. his Executors and Assigns, shall and may in the name and names of the said I. his Executors and Administrators, or of any of them, release, acquit and discharge the said several Obligations, and all Articles and Covenants to [Page 554] the said J. made touching or concerning the premisses or any of them, And also that he the said J: his Executors and Administrators, from time to time and at all times hereafter, at the request and Charges of the said T: his Executors or Assigns, shall and will ratifie avow justifie maintain and allow all and singular such lawfull Actions Suits Judgments Executions acts and attempts, as in his or their Name or Names, shall be commenced had taken or attempted for or about the Recovery or obtaining of all and singular the said summs of money or of them or any part or parcell of them, or any of them.
Provided alwaies, and it is agreed, &c, That it shall be lawfull for the said J. &c. without any let of the said T: &c. To take and receive of the said P. S. his &c. to the use of the said J. his &c. on the first of September, next &c. or at any time before or after all that Rent of 30 l. of &c. which for the premisses demised to the said P. as aforesaid shall be due for one whole year on the same first day of September next coming.
And that provided &c: That if the Vendor pay the Vendee 60 l. of &c. the 19th. of January next &c. That then this Indenture of bargain and sale shall be void, and the said T. shall re-deliver the writings safe, &c. In Witnesse &c.
A Mortgage of a Reversion of Land in London, passed by way of Recovery, the same Reversion being in the Mortgagor, and the heirs of his body, and the recovery being brought also against the Tenant for life, (a woman and her husband.)
THis Indenture tripartite, &c. Between A. C. Citizen and Salter of L: and K. his wife, late wife of R C: late Citizen and Draper of L: deceased on the first part, and I: C: eldest son of the said R. C: on the second part; and I: D: and W: G. of L: yeomen on the third part, witnesseth, That where the said A. and K: as in the right of the same K. do now hold and are lawfully entituled to hold and enjoy for and during the term of the naturall life of the said K: one Messuage or Tenement with the appurtenances, late parcell of the possessions of the said R: C: which Messuage with the appurtenances now is in the severall Tenures of &c. and is scituate and lying in &c. The Reversion of which said Messuage with the appurtenances after the decease of the said K: doth lawfully belong and appertain to the said I. C: and his Heirs or the Heirs of his body, and whereas the said I: C: before this time hath had and received of the said A: C: the summ of &c. of lawfull &c. for and in consideration of an estate and assurance according to the tenor and purport of these Presents to be had and made of [Page 555] the said Messuage or Tenement with the appurtenances unto the said A. and his heirs, from and after the decease of the said K for ever.
Now for the Executing and making of the said Estate and Assurance accordingly, It is covenanted and agreed by and between the said parties to these presents, for themselves and their Heires in manner and form following, that is to say, That the said A. and K. his Wife, and the said J. C. shall before the Feast of Easter now next coming, permit and suffer the said A. B. and C. D. in a Writ of Right Patent, according to the custome of the City of L. in due form with voucher or vouchers to recover against the said A. and K. and I. C. the said Messuage and Tenement, and all other the premises with their appurtenances, in such manner and form as by the learned Councill of the said A. shall be lawfully and reasonably devised or advised. And the said parties for them and their Heirs, have further agreed by these presents, that the said Recovery shall be, and that the said A. B. and C, D. and their Heirs, from and after the said Recovery so had and passed of the said Messuage and Tenement aforesaid with the appurtenances, shall therof and of every part thereof stand and be seised to and for the only Uses and intents hereafter in these Presents expressed, and to none other use intent or purpose whatsoever; that is to say, To and for the use of the said K, for and during the term of her naturall life, and after her decease to the only use and behoof of the said J. C. his heirs and Assigns for ever, upon and under the condition following, that is to say, That the said I. C. his Heirs Executors or Assigns shall well and truly pay, or cause &c. to the said A. C. his Executors or Administrators the summ of &c: of lawfull &c. at &c. on &c.
Provided alwaies, that if the same I. C: his Heirs Executors and Assigns or some of them do not well and truely pay or cause &c. to the said A. his &c. at &c: the said summ of &c. on, &c. That then and from thenceforth the said A: B: and C. D. and the Survivor of them and their Heirs, shall stand and be seised of the said Messuage &c: to and for the use and behoof of the said K. only for and during the term of her naturall life as aforesaid, and from and after her decease to and for the only use and behoof of the said A. C: and of his Heirs and Assigns for ever, without any manner of condition, and to none other use intent or purpose whatsoever.
And the said I: C: for him &c. covenanteth with the said A: &c: in form &c. that he the said I. C: now is, and at the time of the knowledging of the said Recovery, and untill the same shall be clearly passed and finished, and the seisin thereupon shall be executed, shall stand and be seised of the said Messuage, &c. of an Estate in Reversion immediatly after the death of the said K. to the only use and behoofe of the same I. C. and his heirs or the heirs of his body, without any condition and other limitation of use whatsoever, and that he the said [Page 556] I. C: hath good Right and lawfull Authority and Power in and by the Law, to convey and assure the said Messuage &c. to the said A. C. his Heirs and Assigns in form aforesaid, and that if the said I. C. his Heirs Executors or Assigns, do not pay to the said A. his Executors or assigns the said sum of &c, in form aforesaid, that then the said A his Heirs and Assigns, shall or may lawfully without any condition, have hold occupy and enjoy the said Messuage &c, for ever, and take perceive receive and enjoy all the issues Rents and profits of the same for ever according to the true meaning of these presents And that then and from thence forth the said Messuage, &c. shall be and stand to the said A his Heirs and Assigns clear and free discharged and acquitted or otherwise from time to time and at all times sufficiently saved harmless by the said I. &c. of and from all and singular former bargaines &c. at any time heretofore had knowledged suffered made done or procured or hereafter before the seisin executed upon the said Recovery to be made done knowledged procured or suffered by the said J. C. or by any other person or persons by or under his estate, or by his means Consent or Procurement (the Cheife Rents and Services, &c. except.)
And further the said J: C. covenanteth with the said A. C. &c. that he the said J. C. and his Heirs, at the request and charges in the Law only of the said A. his Heirs or Assigns, from time to time and at all times during two years next after default shall be made in payment of the said summ or any part thereof contrary to the form above limited, shall and will not only do suffer knowledge and execute, and cause &c. all and every such further act and acts assurance and assurances thing and things for the further assurance and better conveying of the premisses to the said A: his Heires and Assignes, according to the true meaning of these presents, as by the said A. &c. shall be devised, but also upon like request as aforesaid, at any time after the said Recovery passed, shall and will by his or their sufficient Deed release to the said Recoverers and their Heirs or to the Survivor of them and his Heirs all Errours Defaults and Mis-pleadings whatsoever, to happen in the process of Recovery aforesaid, or in the Execution of the seisin upon the same, In witness, &c.
A very good Mortgage of Land with a Revocation of Uses thereof declared in a former Indenture, where also it is provided, that if the money be paid accordingly, then the Land to be to the uses contained in the said former Indenture.
THis Indenture, &c. Between the right Honorable W. Earle of E. &c: on the one party, and W. D. Citizen and Goldsmith of L. on the other party, witnesseth, that the said Earle for and in consideration of the summ of 642 l. of &c. whereof &c. Hath given &c. and by these presents doth fully and clearly give grant bargain and sell unto the said W. D. his Heirs and Assigns all that the Mannor of S. in the Parish of L. in the County of E with all and singular the appurtenances, and all that the Mannor of L. with the appurtenances in the parish of T. in the same County of E. and all and singular Messuages Lands Tenements Meadowes Pastures Feedings Rents Reversions Services Woods Ʋnder-woods and all other Profits Commodities and Hereditaments whatsoever to the said Mannors or either of them belonging or appertaining, or as part parcell or member of the same Mannors or either of them had used occupied or enjoyed, or so being usually granted demised or letten to farm, and all and singular Mannors Messuages Lands Tenements Rents Reversions and Hereditaments whatsoever in the said Parishes of L. and T. or either of them commonly called or known by the name or names of S. and L. or by all or any of the same names, and all and singular Courts Courtes Leetes, Viewes of Francke pledge, Profits, and Perquisites of Courts, Priviledges Franchises Jurisdictions Liberties and Royalties whatsoever, which the said Earle hath or ought to have in the said Mannors or any other the premisses before bargained and sold or any part thereof, and all Rents reserved upon any Lease or Leases made of the premisses or any part or parcell thereof, and also all the Estate Right Title Interest Reversion Remainder Ʋse possession Propriety Claime and Demand of the said Earle of in and to all and singular the Premisses, together with all and singular Deeds Evidences Charters Letters Patents Writings Copies of Court Rolls Terrors Esctipts, and Mynuments only touching the Premisses or any part thereof: To have and to hold the said Mannors of S. and L. with all and singular their Appurtenances, and all other the Premisses bargained and sold by these Presents to the said W D his Heirs and Assignes to the only use &c.
Provided alwaies and nevertheless the said W: D: for him his Heirs, Executors &c. doth covenant grant and agree to and with the said Earl his Executors and Administrators by these presents, that if hee the said Earl his Heirs Executors Administrators or Assignes or any of them do [Page 558] pay or cause &c. to the said W. his Executors or Administrators, or to his or their lawfull Deputy or Attorney at &c. the summ of 642 l. of &c. on the first of December next coming after the Date hereof, betweene the houres of &c. That then and from thenceforth the gift grant bargain and sale made of all and singular the premisses by these presents to the said W D and all Covenants and Articles comprised in these Presents on the part of the said Earle and his Heirs to be performed, and all Bonds made or to be made for performance of the Covenants thereof, shall be utterly void and of none effect. And that and from thenceforth (a Re-entry in the Earl &c.) any thing &c. to the contrary &c.
And the said Earle for the making of a good assurance of all and singular the Premisses to the said W: D: and his heirs for ever under the Condition aforesaid by this Writing sealed with the seal, and signed with the hand of the said Earl, in the presence of those three Witnesses whose names are to these presents subscribed, doth repeal revoke determine and declare to be repealed revoked and determined all and every the uses intents gifts and grants whatsoever, which the said Earl by his This Indenture is contained in this booke entituled (for the conveyance of Land for performance of a will &c.) Indenture Tripartite bearing date, &c. hath made declared or agreed unto onely concerning the premisses bargained by these Presents to or with the right honorable A. Lord G. and his Co-feoffees.
And the said Earle Covenanteth &c. in forme, &c. That he the said Earl at the sealing delivery and knowledging of this Indenture is by good sure and lawfull Right and Title in the Law, sole seised in his Demesne as of fee simple, of and in all and singular the said Mannors Messuages Lands Tenements and Hereditaments by these presents bargained and sold to the only use of the said Earle and his heirs absolutely without any condition, and of such estate, hath full power and lawfull right and authority in the Law to give grant bargain sell and assure the same Mannors with their appurtenances, and all other the above bargained Premisses, to the said W. his Heirs and Assigns in manner and form aforesaid, and that if the said Earl his heirs executors or administrators do not pay or cause, &c. the said summ of, &c. to the said W. D. &c. in such manner and forme as to the payment thereof is above limited in and by these presents, that then and from thenceforth the said A Lord G. and his Co-Feoffees, and all and every other person and persons by reason of any former estate seised or to be seised of the said Mannors and other the premises or any part thereof, shall thereof and of every part thereof stand and be seised to the only use of the said W. and of his heirs, and to none other use whatsoever, and also that then and at all times during the said space of 3. years next following the time of such default made in the said payment of the said summ of &c. or any part thereof, he the said Earl and the right honorable Countess now his wife, and the Heirs and Assigns of the said Earl, and all and every other person and persons which then shall have or lawfully may claime to have any former interest right title or estate in or to the [Page 559] premisses or any part therof by or under the estate or interest of the said Earl or any of his Ancestors (all and singular person and persons claiming only by Lease or Leases for the term of years or under now to come, or by copy of Court Roll made according to the severall customes of the said Mannors or any of them, whereupon the ancient and old yearely Rents duties and services or more been reserved from henceforth to be paid and done to the owner or owners of the reversion of the premisses only except) shall and will upon reasonable request therefore made, and at the costs and charges in the Law of the said W: his heirs or Assigns, do make knowledge and suffer and cause to be done, &c. all and every such further act and acts thing and things, assurance and assurances whatsoever, for the better conveyance assurance and sure making of all and singular the Premises bargained and sold by these presents, to be had and made sure to the said W his Heirs and Assigns to the only use of the said W. his heirs and assigns for ever, without any condition with warranty against all men, or otherwise without warranty, as by the Councill learned in the Laws of this Realme of the said W his heirs or assigns shall be reasonably devised or advised, and that at all times after any such default of payment of the said sum &c. or any part thereof had or made as aforsaid, the Premises by these presents bargained and sold, shall be or lawfully may be and abide to the said W: his heirs and assigns from thenceforth for ever of the clear yeerly value of &c. over and above all charges and reprises. And also that the said Mannors &c. now are, and at all times after such default happening in payment of the said summ of &c. or of any part thereof as abovesaid, shall continue to the said W. his heirs and assigns clearly acquitted and discharged, or by the said Earl his Heirs Executors or Administrators or by some of them sufficiently saved harmless from time to time of and from all and singular former bargaines, &c. and of and from all other former titles estates charges and incumbrance whatsoever (the cheife Rents and services from thenceforth to become due, &c. in the respect of their Seigniories only) and such Leases and Copies as have beene above excepted, only except and foreprised.
And further also that after such default of payment made as aforesaid, of the said summ of &c. or any part thereof, he the said Earle his Heires Executors or Assignes shall and will within the space of six Months then next following, at the said mansion house of the said W. well and safely deliver or cause, &c. to the said W. his heirs or assignes all and singular the Deeds &c. above by these presents bargained and sold, or all such and so many of them as the said Earl now hath, or which he or his Executors or Administrators then shall have or may lawfully come by without suit in the Law.
And the said VV. D, covenanteth &c. that he the said VV. D. his heirs and assignes shall permit and suffer the said Earl his heirs and assignes to have and take to the only use of the said Earl his heirs and assigns all and [Page 560] singular Commodities Rents and profits of all and singular the Premisses from the day of the date of these Presents untill the said first day of December next coming as abovesaid, so as no stroy or wilfull wast be done or committed in or upon the premisses or any part thereof. Provided alwais and neverthelesse it is agreed condescended and covenanted between the said Earl and W. for them their heirs and assignes by these presents, That if he the said Earle his heirs &c. do pay &c. the said summ &c. to the said W: &c. according to the form and manner therefore above limited in these presents that then and from thenceforth for ever the said A. Lord G. and his said Co-Feoffees and the said W. D: and his Heirs, and all and every other person and persons by reason of any former Estate seised of the said Manners and other the premisses or any part thereof by or from the said W. D. shall thereof, and of every part thereof stand and be seised from thenceforth for ever to the only uses intents and purposes expressed and declared in the said former Indenture tripartite, above in these presents recited, and to none other use or uses intent or purpose whatsoever, any thing, &c. in Witness.
PARTITION.
An Indenture Tripartite for division of Land holden by Lease into four parts by lotts with very good Covenants.
THis Indenture tripartite &c. Between W. G. Citizen and Vintner of L. on the first party, and H: P: &c. on the second party, and J: S: Citizen and Salter of L: on the third party, Recitantur hic dimiss. et relex. ut in prox. preced. preceden. recitantur mutatis mutandis, tumque dicatur. And where also the said W. W. the Son hath aliened assigned bargained sold and set over, all and singular the said Mannors Messuages Lands Tenements and Hereditaments, and all other the Premises demised by the said Original Indenture of Lease together with all his Estate Right Reversion term of years and Interest of in and to the same, to the said W. G: H: P: and J: S: That is to say, to every of them one third part of all and singular the said Mannors Messuages Lands Tenements and Hereditaments, and of all other the Premisses, with their appurtenances, as by his severall Deeds of the same severally made to the said W: G: H: P: and J: S: bearing date &c. now last past, will also appear.
Now the said W: G: H: P: and J: S: do covenant grant and agree Covenant between these parties every one to choose a severall person for the division together, and every of them severally for himself, his Executors Administrators and Assigns, doth covenant grant and agree, to and with every other of them severally, their severall Executors Administrators and Assigns by these presents, in manner and form following; That is to say, that they the said W: G: H: P: and I: S: their severall Executors Administrators or Assigns, for every of their severall parts, within the space of one month next after they or any of them shall be in possession of the Premisses, or any part therof to them assured and conveyed, by virtue of the Interest or Title growing by the Original Indenture above recited, shall name and choose a severall person for the dividing of the Premisses into three equal parts, and the same severall persons so being chosen and named, every of the said parties for their severall [Page 562] part, shall procure to come, repair to and be at the Mannor-House The parties procure those persons to meet at a certain time and place, and to go in hand with the Division &c. of the said Mannor of H: on the fifth day next after the end of the said month, or sooner, as they in the mean time shall fortune to agree therof together: And that then with all reasonable expedition, and without further putting of every of the said parties, shall procure the person for their party brought to the said Mannor House, to go in hand with the other persons to be brought thither by other parties, to survey and indifferently to part and divide all the Premisses as neer as they can into three equal parts. And that every of the said parties, his For a Writing indented. Executors and Assigns, for their severall part shall procure that the person on their part to be chosen for the division aforesaid, within forty daies next after such their survey shall be first begun, shall assent and agree to the making, and to seal and sign with his hand three severall Writings indented, containing in them those three parts, wherinto the Premisses shall be divided as aforesaid; That is to say, Every of the same Writings shall severally contain name and expresse by it self one such severall third part of the Premisses, as therof shall be made in the said division. And the same Indentures, after they shall be so made and sealed, shall be put together under a Cap or Cloak, from thence to be The Lots shall be put under a Cap or Cloak, and drawn out by the parties interested. Every party shall hold for his third part that which shal be contained in his Lot. Words endorsed on the Lots before the opening. drawn out by every of the said parties severally one part therof. And that every of the said parties for their severall part, shall accept receive and hold for his full part of all the Premisses only that part therof, which shall be contained and expressed in that Indenture, which shall be by him drawn as aforesaid: And before the opening of the same Indenture so by him to be drawn, then immediatly upon the drawing therof, shall in the presence of the said Dividors suffer words of effect as followeth, to be endorsed on the said Indenture, That is to say, words expressing the name and surname of him that drew the same Indenture, and how that his part and purpart of all the Premisses to him fallen upon the division therof, is contained and limited in and by the same Indenture, and also shall suffer to be endorsed the names of such persons as then shall be present at the same, for testifying and witnessing of the same.
And further that after such division made, every of the said parties Every party shall be charged with a third part of the rent and Covenants in the Lease contained. for their severall parts shall be charged as well to contribute and bear one equal third part of the said yearly Rent of 50 l. 13 s. 4 d. reserved yeerly to be paid by the said Original Indent. of Lease, as also to keep & fulfill the Covenants and Agreements contained in the said Original Indenture of Lease therafter, for the parts of the said W. W. the Father, and W: W. the Son, and their Assigns, to be kept for so much severally of the Premisses, as shall come to the part of such party, by reason of the said division to be made as aforesaid.
And moreover it is agreed and covenanted by and between the said W: G: &c. and every of them severally for himself, his Executors Administrators [Page 563] and Assigns, doth covenant promise grant and agree, to Each party shal release and confi [...]m the Estate of the purparty of the other. and with every other of them, their Executors Administrators and Assigns by these presents, in manner &c. That is to say, That every of the said W. H: and J. their Executors Administrators and Assigns, for their severall part, after such division made of the Premisses as aforesaid, and upon reasonable request of any other of the said parties, or of the Executors Administrators or Assigns of any of them, shall and will release and confirm the Estate Right and Interest to them making such request of all that part and purpart of the Premisses to their part fallen by such division as aforesaid, as by the party making such request, or by the learned Councel in the Law, of him, his Executors or Assigns, at any time during one whole year next after the said division made, shall be resonably devised or advised.
Provided alwaies, that the party making such request as aforesaid, shall bear and pay the charges of the said confirmation, and release to be made as aforesaid. And provided also that the same confirmation or release do not extend to bind the party which shall make the same to any further warranty then only against himself, his Executors or Assigns.
And further the said W: G: &c. for themselves and for their severall Executors Administrators and Assigns, and every of them do covenant grant and agree together by these presents, in manner &c. That is to say, That every of the said W: H: and J: their severall Executors and Assigns, for their severall parts, shall and will from time to time, during all the said term of 20. years, mentioned in the said Original Indenture of Lease, be ready to yeild and pay one equal third part of the said yearly Rent of &c. at the place and last time limited to the payment therof, or any part therof, in and by the said Original Indenture of Lease, so often as the said yearly Rent or any part therof, shall happen so long to be behind, and shall not be paid in the mean time before hand.
And further the said parties have agreed, and by these presents, do covenant grant and agree, together for themselves &c. severally in manner and form following; That &c: That the said Originall Indenture of Lease, and the said release or Deed of Conveyance therupon made by the said W. W. the Father, to the said W. W. the Son, shall from thenceforth during all the said term of 20. years, lye and remain in the custody and keeping of &c. indifferently for the common use and behoof of all the said parties to these presents, and of their Executors and Assigns from time to time, to be read seen pleaded and shewed forth, in the custody of the said &c: as any of them, shall have any such need or occasion.
Provided alwaies that the said parties do severally agree by these presents, that none of the said parties, their Executors or Assigns, or [Page 564] any of them, shall demand or seek to have the said Indenture of Lease or Deed of Conveyance, or release aforesaid, out of the hands or custody of the said &c. at any time, without the consent or good will of the said other parties to these presents, their Executors or Administrators, by any way or means whatsoever: In Witnesse &c.
A Partition between two Brothers, to whom Lands are joyntly given by their Fathers Will.
THis Indenture made &c. between I. B. of L. of one part, and W: B. of L: on the other part, Wheras J: B: late of L: deceased, Father of them the said J: and W: parties to these presents, being in his life-time seised in his Demeine as of Fee, of and in the severall Messuages Lands Tenements Meadows Woods and Hereditaments herein after particularly mentioned and expressed; That is to say, Of and in &c. and being so seised of the said Premisses, with their and every of their appur [...]enances, the said J. B. the Father, did by his last Will and Testament, bearing date &c. give and bequeath all and singular the said Houses Lands Tenements Premisses and Hereditaments before mentioned, with the appurtenances to his said Sons J. B. R. B. W. B. and T. B. and to their Heirs for ever, by the name of all his Lands and Tenements which he purchased of R. S. lying and being &c. as by the said last Will and Testament of the said J. B. may appear.
And wheras the said R. B. and T. B. before any partition of the premisses, or any part therof, and before any Assignment or other Assurance made by them or either of them, of their said parts or portions, are both dead without Issue, so as their parts and portions of and in all the said Premisses is now lawfully vested and settled by way of Survivorship in the said J. B. and W: B: parties to these presents, and they being now fully minded and agreed, that the said Premisses shall be equally divided, and that a just partition therof by consent may be made between them, so as each of them the said J: and W: may have in certainty his own part and portion, and dispose therof, as to them or either of them shall seem most convenient: And they the said J. and W. B. with an unanimous assent and consent, by the view advise assistance approbation and direction of R. H. J. R. G. M. and H. M. being of the Neighbour-hood of &c. and by the joynt consent of them the said I. and W: B: therunto chosen and requested, have made full and perfect division separation & partition of the said Messuages Lands and Premisses, with their appurtenances, in manner and form following; That is to say, That he the said J. B. the elder Brother, shall have hold and enjoy to him and his Heirs for ever in severalty, as his Moyety Part and Portion belonging to him of the said Premisses, all that the [Page 565] said Messuage or Tenement, with the appurtenances, called &c. And also &c. pounds of lawfull money of England, to be paid unto the said J. B. by the said W. B. in regard that the said Messuage or Tenement called &c. and the Lands and Premisses hereafter mentioned to be allotted and appointed to the said W. are so much more in value then the Premisses allotted parted and divided to be the portion and share of the said I: B: as aforesaid. And that be the said W: B: the younger Brother, shall have hold and enjoy to him and his Heirs for ever in severalty, as his Moyety part and portion of all the said Premisses, all that Messuage, with the appurtenances called &c. And this Indenture witnesseth, That they the said two Brothers J. B: and W: B: are fully satisfied contented and agreed with the said partition and division so made as aforesaid, and do hereby for themselves severally, and their severall Heirs, assent consent and agree unto the same accordingly: And for a sure confirmation and ratification of the said partition and division so made as aforesaid, and for avoiding all ambiguities doubts variances and contentions which might hereafter chance to arise, touching and concerning the same, it is hereby covenanted granted promised and agreed by and between the said parties to these presents, for them, their Heirs Executors and Administrators, in manner and form following; That is to say, That the said partition and division of the Premisses so made as aforesaid, shall be and enure, and shall be adjudged deemed and taken to be as good effectuall and available in the Law, to all intents and purposes whatsoever, as any division or partition might or could have been made in any manner of waies whatsoever and how soever. And the said J: B: party to these presents, for him, his Heirs Executors and Administrators, and for every of them doth covenant and grant, to and with the said W. B: his Heirs Executors Administrators and Assigns, and to and with every of them by these presents, that he the said W: B: his Heirs and Assigns, and every of them, shall and may from time to time, and for ever hereafter, have hold and enjoy from him the said J: B: and his Heirs, divided in severalty and not in joynture, for his full Moyety part purpart and portion, of all and singular the said Messuages Lands and Premisses so to them the said J: and W: B: given demised and bequeathed by the said Father J: B. deceased as aforesaid, and in full recompence and satisfaction therof and of every part therof, all and singular the said Messuage or Tenement, Lands Tenements and Premisses, with the appurtenances, above in and by these presents recited allotted appointed or set forth, or meant mentioned expressed to be allotted appointed and set forth for the Moyety part purpart and portion of the said W: B:
And further also that he the said I: B: party to these presents, and his Heirs, shall and will from time to time, and at all times hereafter, during the space of seven years now next ensuing, at the reasonable [Page 566] request, and at the proper costs and charges in the Law of the said W. B: his Heirs or Assigns, or any of them do make knowledge perfect execute and suffer, or cause to be made done knowledged executed and suffered unto the said W. B: his Heirs and Assigns, or any of them, all and every such further and other act and acts, thing and things, demise and demises, assurance and assurances in the Law whatsoever, as by the said W. B: his Heirs or Assigns, or by his or their Councel learned in the Law, shall be reasonably devised advised or required, for the further and more perfect assuring and setling of so much of the said Premisses in the said W. B: and his Heirs, as by the said division and partition above ment [...]ned is allotted and appointed to the said W: B: and his Heirs, be it by Fine Feoffment Recovery, with single or double Voucher or Vouchers, Deed or Deeds, inrolled or not inrolled, release confirmation with warranty against him the said J: W: and his Heirs, or without warranty, or by all or any of these waies or means, or by any other waies or means whatsoever, so as the said I: B: and his Heirs for the doing therof, be not compelled to travel further then to the Cities of L. and W.
And further also, that he the said I. B. his Heirs Executors, Administrators and Assigns, shall and will from time to time, and at all times hereafter upon reasonable request and requests in that behalf made, not only permit and suffer the said W. B. his Heirs and Assigns, and all and every other person and persons, by him, them, or any of them, therunto Deputed and Assigned, to Write and Copy out true Copies of all such Deeds, Evidences, Charters, Escripts, Minuments, and Writings whatsoever touching or concerning the Premisses with the appurtenances herein before mentioned, or any part or parcel therof, but also shall and will when, and as often as need shall require shew forth in any of his Majesties Courts of Records or elsewhere, all such Deeds, Evidences, Transcripts, and Exemplifications of Fines and Recoveries, Charters, Writings, Escripts and and Minuments whatsoever touching or concerning the Premisses, or any part therof which shall be in his, their or any of their hands custodies or possessions, or as many of them as shall be needful to be shewed forth for the manifestation or defence of the estate, title, interest and possession of the said W. B. his Heirs or Assigns, or any of them, of, in or to the Premisses with the appurtenances herein before ment, mentioned or intended to be allotted, set forth and appointed to the said W. and his Heirs as aforesaid.
And further also, That he the said I. B. his Heirs and Assigns, shall and will from time to time, and at all times hereafter satisfie and pay to the Lord or Lords of the Mannor of &c. (of whom all the said Premisses are holden) for the quit-rent of the Moiety of the said Premisses the summ of &c. being the Moiety of &c. yearly due to the Lords of of the said Mannor for the quit-rent of all the Premisses herein before [Page 567] mentioned, and the said W. B. for him his Heirs Executors and Admin. and for every of them doth Covenant and Grant to and with the said I. B. his Heirs and Assigns, and to and with every of them in manner and form following, that is to say, That he the said I. B. his Heirs and Assigns, and every of them, shall and may from time to time, and at all times for ever hereafter have, hold, and enioy from him the said W. B. and his Heirs divided in Severalty and not in Joynture for his full Moiety, part, purpart and portion of all and singular the said Mesuages, Lands and Premisses, so to them the said I. and W. B. given, devised and bequeathed by their said Father I. B. deceased as aforesaid, and in full recompence and satisfaction thereof, and of every part therof, all and singular the said Messuage, Lands, Tenements and Premisses, with the appurtenances above, in and by these presents, recited, allotted appointed or set out or ment, mentioned or expressed to be allotted, appointed and set out for the Moiety part, purpart and portion of the said I. B.
And further also that he the said W. B. and his Heirs shall and will from time to time and at all times hereafter during the space of &c. at the reasonable request, and at the proper costs and charges in the Law of the said I. B. his Heirs or Assigns. or any of them do make, knowledge, perfect, execute and suffer, or cause to be made, done, knowledged, executed and suffered all and every such further and other act and acts, thing and things, devise and devises, assurance and assurances in the Law whatsoever as by the said I. B. his heirs or assigns, or by his or their Councel learned in the Law shall be reasonably devised advised or required for the further and more perfect assuring and setling of so much of the Premisses first above mentioned in the said I. B. and his Heirs, as by the said division and partition aforesaid is allotted and appointed to the said I. B. and his Heirs, be it by Fine, Feoffment Recovery, with single or double Voucher, Deed or Deeds, Inrolled or not Inrolled, release, confirmation with warranty, or by all, or any of the said wayes or means, or by any other wayes or means whatsoever, so as the said W. B. and his Heirs for the doing therof be not compelled to travel further then to the Cities of L. and W.
And further also that he the said I. B. his heirs and assigns, shall from time to time, satisfie and pay to the &c. And lastly, it is hereby agreed and declared by and between the said parties to these Presents, that all and every Fine and Fines, Recovery and Recoveries and other assurance whatsoever at any time hereafter to be had. levied, suffered and executed of the said Premisses, by and between the said parties to these Presents shall be and enure, and shall be adjudged, deemed, construed and taken to be, and to enure to the uses, intents and purposes before mentioned, that is to say, of, for and concerning all that moiety part, purpart and portion of the said Premisses with the appurtenances [Page 568] above mentioned, to be allotted, appointed and set out; to and for the moiety, part, purpart and partition of the said I. B. to the only use and behoof of of him the said I. B. his Heirs and Assigns, and of, for and concerning all that other moiety, part, purpart and portion of the said Messuages, Lands, Tenements and Premisses, with the appurtenances herein before ment or mentioned to be allotted, appointed and set out to and for the moiety part, purpart and portion of the said W. B. his Heirs and Assigns for ever, and to and for no other use, intent or purpose whatsoever. In witness, &c:
An Indenture of Partition betwixt Co-Heirs.
THis Indenture sexti-partite, made &c. between F: P: Cosin An. 1. Eliz. and one of the Co-heirs unto Dame D: B: That is to say. Son and Heir of E: P: deceased, and whilst she lived wife unto R: P: Esquire, and Daughter and one of the Co-heirs unto the said Dame D. of the first part, M: VV: of H. in the County of N: Widow, one other of the Daughters and Co-heirs unto the said Dame D. B. of the second part, VV: C: and M. his wife, Cosin and one other of the Co-heirs unto the said Dame D. B: that is to say, Daughter and sole Heir to M. C: deceased, one other of the daughters and Co-heirs of the same Dame D: B: of the third part, A. L: one other of the Daughters and Co-heirs of the same Dame D. of the fourth part, F. B. Gent. Cosin and one other of the Co-heirs unto the same Dame D: B. that is to say, Son and Heir of A, M. deceased, sometime wife to H. B. Esquire, one of the Daughters and Co-heirs of the said Dame D: of the fith part, and H. S. Esquire, and G. S Son and Heir apparant, and Cosin, and one other of the Co-heirs unto the said Dame D. that is to say, Son unto I. S. deceased, late wife unto the said H. S. and one other of the Daughters and Co-heirs whilst she lived, unto the said Dame D. B. on the sixt part, witnesseth, That whereas the said Dame D. B. was seised in her Demesne as of Fee-tail, that is to say, to her and to the Heirs of her body lawfully begotten, with the Remainder therof to her and to her Heirs, of and in the Mannor of B. D. and VV. with their appurtenances, in the County of L. and of the Mannor of B. with the appurtenances in the County of H: and of the Mannor of C. with the appurtenances, in the County of N. and of divers Lands Tenements and Hereditaments, with the appurtenances, as well in the said County of L. H. and N. as also in the County of Y. the whole contents and particulars wherof, more plainly appeareth in these presents, by a division therof made in six parts, and the said Dame D. so being seised of the said Mannors Lands Tenements, and Hereditaments, with their appurtenances, [Page 569] dyed therof seised, after whose death the said Mannors and other the Premisses, with all and singular their appurtenances, descended to the said F: P. as Son and Heir unto the said E. one of the Daughters and Co-heirs of the said Dame D. and to the said M. VV. as one other of the Daughters and Co-heirs of the said Dame D. B. and to the said M. C. now wise unto the said W. C. as Daughter and sole Heir unto the said M. G. deceased, late wife of the said R. C. Esq; one other of the Daughters and Co-heirs of the said Dame D. and to the said A. L. as one other of the Daughters and Co-heirs, unto the said D. B, and to the said F. B. as Son and Heir unto the said A. M. deceased, sometime wife of the said H. B. deceased, one other of the Daughters and Co-heirs of the said Dame D. B. and to the said I. S. deceased, late wife unto the said H. S. who had Issue between them the said G. S. as one other of the Daughters and Co-heirs of the said Dame D. B. by reason wherof the said F: P: M: VV: VV: C. and M: his wife, A: L. F. B. and H. S. stand and be seised of the Premisses undivided, that is to say, the said F. P. in his Demesne as of Fee-tail, and the said M. VV. in her Demesne as of Fee-tail, and the said VV. C. and M. his wife, in their Demesne as of Fee-tail, in the right of the said M. And the said A. L. in her Demesne as of Fee-tail, and the said F. B. in his Demesne as of Fee-tail, and the said H. S. as Tenant by the Curtesie of England, the Reversion therof in Fee-tail, to the said G: S: belonging and appertaining, the Remainder therof immediatly depending upon the said Estate in tail, to the said F. P. M. VV. VV. C. and M. his wife, as in the right of the said M. L. E. F. B. and G. S. in Copartinary belonging and appertaining. Be it now witnessed, that it is fully condescended covenanted concluded and agreed between the said parties, to these Indentures of their mutuall assents consents and agreements, for an even partition to be had made and contained betwixt them, of the said Mannors and other the Premisses, in manner and form following; That is to say, that the said F. P. shall from henceforth have and hold to him and to his Heirs of his body lawfully begotten, and for default of such Issue, the Remainder therof to the Heirs of the body of the said E. his Mother, deceased, lawfully begotten, and for default of such Issue, the Remainder therof to the Heirs of the body of the said Dame D. B. and for default of such Issue, the Remainder therof to the right Heirs of the said F. P. for ever, for his full part that to him belongeth and appertaineth of the Premisses, the said Mannor of C. in the said County of N. with all Edifices Buildings Dove houses Orchards Gardens Yards Easements Rents Services Courts-Leets Waifes Straies Cattels of Felons, and Fugitives, Liberties Priviledges Franchises Lands Tenements Meadows Pastures Woods Under-woods and Commons, with all and singular appurtenances, to the same appertaining and belonging, set lying and being in C. in the said County [Page 570] of N. or elsewhere, within the Realm of Eng. to the said Mannor belonging, or being accepted, as part parcel or member therof, excepted and alwaies reserved, one Messuage in C. aforesaid, with all Lands Tenements Meadows Leasues Pastures Woods and Under-woods, Commons and Feedings to the same belonging, or commonly letten, now or late in the tenure and occupation of one T. R. And one other Messuage there, with all Lands Tenements &c. now or late in the tenure of one G. H. & one other Messuage there, with all the Lands Tenements &c. and now or late in the tenure or occupation of one R. H. which said Messuages &c. now or late in the severall tenures and occupations of the said T. G. and R. are hereafter by these presents for equality of this present Partition, assigned and appointed to go with the Mannor of VV. after limited to the part of the said F. B. as by these presents it doth plainly appear.
And it is likewise condescended covenanted and agreed between the said parties to these Indentures, that the said M. VV. shall from henceforth have and hold to her and to her Heirs of her body lawfully begotten, and for default of such Issue, the Remainder therof to the Heirs of the body of the said Dame D. lawfully begotten, and for default of such Issue, the Reversion therof to the right Heirs of the said M. VV. for her full part, that to her appertaineth of the Premisses, the said Mannor of B. in the said County of H. with all Edifices Buildings &c. and all other Profits Hereditaments and Commodities whatsoever they be, set &c. within the Towns Feilds and Parishes of B. O. &c. in the said County of H. or elsewhere, to the said Mannor belonging or appertaining, or heretofore known reputed taken or letten, as part parcel or member of the said Mannor of B. And one Messuage or Tenement &c. now or late in the Tenure or Occupation of E. M. or of his Assigns, and that the said E. VV. C. and M. his wife, shall from thenceforth have and hold to them, and to the Heirs of the body of the said M. and for default of such Issue, the Reversion therof to the Heirs of the body of the said Dame D. B. and for default of such Issue the Remainder therof to the right Heirs of the said M: as in the right of the said M. for their full part that to them appertaineth of the Premisses, the said Mannor of D. in the said County of L. with all Edifices Buildings &c. & sic ut supra: And that the said A. shall from henceforth have and hold to her, and to the Heirs of the body of the said A. And for default of such Issue, the Remainder therof unto the Heirs of the body of the said Dame D. lawfully begotten, and for default of such Issue, the Remainder therof to the right Heirs of the said A. for ever, for her full part that to her pertaineth of the Premises, the one half of the said Mannor of B. with certain Rents Services &c. & sic ut supra: And that the said F. B. shall from henceforth have and hold to him and to his Heirs of his body lawfully begotten, and [Page 571] for default of such Issue, to the Heirs of the body of the said A. Mother of the said F. B. lawfully begotten, and for default of such Issue, to the Heirs of the body of the said Dame D. B. lawfully begotten, and for default of such Issue, to the right heirs of the said F. for his full part that to him appertaineth of the Premises, the said Mannor of VV. &c. & sic ut supra: And the said H: S: shall from henceforth have and hold to him for term of his life as Tenant by the Curtesie of Eng. for his full part that to him appertaineth of the Premises, the other half of the said Mannor of B: in the said County of L. set forth in manner and form following; That is to say 16 d. &c. & sic ut supra, payable to the Owner for the time being, of the Mannor last aforesaid, and that after the decease of the said H: S: the said G: S: shall have and hold the said half of the said Mannor of B. and the said Demesne Lands and Tenements and other the Premises, as the same is set forth in manner and form afor [...]said, by the name of the Mannor of B, with the charge going out of the same as is aforesaid, to him and to the heirs of his body lawfully begotten, and for default of such Issue, the Remainder therof to the heirs of the body of the said J: S: his Mother lately deceased, lawfully begotten, and for default of such Issue, the Remainder therof to the heirs of the body of the said Dame D: B. lawfully begotten, and for default of such Issue, to the right heirs of the said G. S. for ever, for rhe ful and whole part and purparty that to him belongeth of the Premisses.
And the said F. P. for himself, and the heirs of his body lawfully begotten, and for default of such Issue for his right heirs, doth by these presents, according to the agreement aforesaid, accept and take, and also doth covenant and grant for him and the heirs of his body lawfully begotten, and for default of such Issue, for his right heirs to and with the residue of the said parties to these Indentures, and to and with the heirs of their bodies; And for default of such Issue, to and with the right heirs of every of them, to take from henceforth the said Mannor of C. with all & singular the Premises therunto belong [...]ng (except before excepted) in manner and form aforesaid, set forth and appointed to the said F. P. in full recompence, and for the full & whole part purpart, & that appertaineth or ought to appertain to the said F. to the heirs of his body lawfully begotten, and for default of such issue, to the heirs of the body of the said E. deceased, Mother of the said F. lawfully begotten, and for default of such issue, to the heirs of the body of the said Dame D. lawfully begotten, and for default of such, to the right heirs of the said F. P. for ever, of in and to the Premises. The like Covenant for M. W. the like Covenant for S. VV. C. and M. his wife, the like Covenant for A▪ L: the like Covenant for F. B. and the like Covenant for H S.
And the said F. P. doth covenant and grant for him and the heirs of [Page 572] his body lawfully begotten, and for default of such Issue of his right Heirs, to and with the residue of the said parties to these Indentures, and to and with the Heirs of their severall bodies, and for default of such Issue, to and with the right Heirs of every of them, that he the said F. P. and the Heirs of his body lawfully begotten, and his right Heirs, all times during the space of two years, next ensuing the date therof, shall do and suffer to be done, at the costs and charges in the Law, of the residue of the said parties to these Indentures, or of their Heirs, all such reasonable act and acts, thing and things, as shall be devised or advised, by any of the residue of the said parties to these Indentures, or any of their Heirs, or by any of their learned Councel, or by the learned Councel of any of them, for the further assurance and sure making of the Premisses, to be had and assured in division, to the residue of the said parties to these Indentures, of such an Estate, and in like manner and form as before is declared and appointed, to the residue of the said parties to these Indentures.
The like Covenant for M. VV. S. W. C. and M. his wife A. L. F. B. and H. S.
In witnesse wherof to the one part of these Indentures remaining with the said F. D. P. the said M. W. W. C. and M. his wife, A. L. F. B. H. S. and G. have put their Seals, and to one other part of the said Indentures, remaining with the said M. W. the said F. P. W. C. and M. his wife, A. L. F: B. H. S. and G. S. have put to their Seals, and to one other part of these Indentures, remaining with the said W. C. and M. his wife, the said F. P. M. W. A. L. F. T. H. S. and G. S. haue put to their Seals, and to one other part of these Indentures, remaining with the said A. L, the said F. P. M. W. W. C. and M. his wife, F. B. H. S. and G. S. have put to their Seals, and to one other part of these Indentures, remaining with the said F. B. the said F. P. M. VV. Sir W. C. and M. his wife A. L. H. S. and G: S: have put to their Seals, and to one other part of these Indentures, remaining with the said H: S: and G: S: the said F. P. M: W: W: C: and M: his wife, A. L. and F: B: have put to their Seals, given the day and year above written.
Of Partition between three Joynt-Tenants.
THis Indenture made &c. Between M. C. of the Town of Sh. in the County of S. Gent. of the first part G. C. of L. in the said County Gent. of the second part, and T. C. of B. in the said County Recitall of a Deed. Gent. of the third part. Wheras H. B. and A. S. of London Gent. by their Indenture Inrolled, and under their Hands and Seals bearing date &c. for the consideration therin specified, did grant, bargain, and [Page 573] sell and confirm unto the said M. G. G. C. and T. C. their Heirs and Assigns, all those Tithes of Corn, Grain and Hay to the Rectory of L. in the said County of S. belonging and appertaining then late before to the late dissolved Priory of St. L. of W. in the said County of S. belonging, and late parcel of the Possessions thereof; and all and singular Houses, Edifices, Barns, Stables, Dove-Houses, Gardens, Orchards, Lands, Tenements, Meadows, Feedings, Pastures, Commons, Woods, Under-woods Gleab-Lands, Tithes of Corn, Grain and Hay Wooll, Lambs, Tithes, other Tithes and Tenths whatsoever as well great as small Oblations, Obventions, Fruits, Profits, Commodities, Advantages, Emoluments and Hereditaments whatsoever with the appurtenances of whatsoever kind or sort, the same be scituate lying growing, Increasing and renewing within the Towns, Fields, Places, Parish or Hamlets aforesaid, or in any of them, and the Reversion and Reversions therof, as fully, freely and wholly, and in as large and ample manner as our late Soveraign Lady Elizabeth late Queen of England by her Letters Patents under the great Seal of England, bearing date at Westminister the 7th. day of July, in the 44th. year of her Raign did Give and Grant the said Premisses, (amongst other things) to the said H, B and A. S. their Heirs and Assigns for ever, (except and reserved Exception in the recited Deed out of the said Grant all Advowsons Donations, free Dispositions and right of Patronage of Churches, Vicarages, and all other Ecclesiastical Benefices whatsoever to the Premisses belonging or appertaining) to have and to hold to the said M. C. G. C. and T. C. their Heirs and Assigns, to the use and behoof of the said M. G. and T. C. their Heirs and Assigns for ever, as by the said recited Indenture more at large appeareth; by vertue of which Grant or Conveyance the said M. G. and T. C. are now joyntly seised in Possession in their Demesne as of Fee of the said Gleb-Lands, Tithes, Tenthes, Tenements and Hereditaments, and all other the Premisses here before mentioned, to be to them granted.
Now this Indenture Witnesseth, that the said M. G. and T. C. do by these Presents make a full, perfect and absolute partition of the said Glebe-Lands, Tithes, Tenths, and other the premisses aforesaid, to and amongst them, the said M. G. and T: C. in three parts in manner The partition. and form following, that is to say, That the said M. C. and his Heirs and Assigns, shall have, hold, occupy and enjoy to the only use and behoof of the said M. C. his Heirs and Assigns for ever the moiety, or one half of all the said Glebe-Lands, Houses, Buildings, Tenements, Tithes, Tenths, Profits, Commodities and Hereditaments whatsoever with the appurtenances, scituate lying, being, coming, renewing or increasing, of, or in the Town or Hamlet of B. aforesaid to the said Rectory of L. now, or at any time heretofore in any wise belonging, used, occupied or reputed, or taken as any part or parcel therof in B. [Page 574] aforesaid for the full part, purpart and portion of the said M. C. of, in, and to all and every the Premises here before mentioned, to be granted to the said M. G. and T. C. And the said T. C. his Heirs and Assigns, shall have, hold, occupy and enjoy to him the said T. his Heirs and Assigns to the only use and behoof of him the said T. his Heirs and Assigns for ever, the other Moiety, or one half of all those Glebe-Lands Houses, Buildings, Tenements, Tithes, Tenths, Profits, Commodities, and Hereditaments whatsoever with the appurtenances, scituate lying and being, coming, renuing or increasing, of or in the Town or Hamlet of B. aforesaid to the said Rectory of L. now or at any time heretofore in any wise belonging, used or occupied or reputed or taken as any part or parcel therof in B. aforesaid, for the full part, purpart or portion of the said T. C. of, in and to all and every the Premisses herebefore mentioned to be granted to the said M. G. and T. C. And that the said G. C. his Heirs and Assigns, shall have, hold, occupy and enjoy to him the said G. his Heirs and Assigns, to the only use and behoof of him the said G. his Heirs and Assigns for ever, all those Glebe-Lands Tithes, Tenths, Houses, Buildings, Profits, Commodities, Tenements and Hereditaments whatsoever, with the appurtenances, scituate lying, comming, renewing or increasing, of, or in the Town or Hamlet of L. aforesaid to the Rectory of L. now, or at any time heretofore in any wise belonging, used, or occupied or reputed or taken, as any part or parcel rherof in L. aforesaid, for the full part, purpart and portion of the said G. C. of in and to all and every the Premisses here before mentioned to be granted to the said M. G. and T. And the said Th. C. and G. C. do by these presents, give, grant, Assigns release, and confirm to the said M. C. and his Heirs, the said moiety Releases from one to the other, or one half of the said Premisses in B. aforesaid, and all the estate, right, titl [...], and interest, which the said G. and E. have, or either of them hath, or may o [...] ought to have, of, in or to the said one moiety, or one half of all and every the Premisses in B. aforesaid, to have and to hold to the said M. C. his Heirs and Assigns, to the only use and behoof of the said M. C. his Heirs and Assigns for ever.
And the said M. C. and G. C. do by these Presents, give, grant, assign release and confirm to the said T. C. and his Heirs, the said other moiety or one half of the Premisses in B. aforesaid, and all the estate, right, title and interest, which the said M. and G. have, or either of them h [...]th, or may, or ought to have, of, in or to the said other moiety, or one half of all and every the Premisses in B. aforesaid, to have, and to hold to the said T. C. his Heirs and Assigns, to the only use and behoof of the said T. C. his Heirs and Assigns for ever.
And the said M. C. and T. C. do by these presents give grant assign release and confirm to the said G. C. and his Heirs all and every the premisses in L. aforsaid, and all the Estate Right Title and Interest [Page 575] which the said M. and T. have or either of them hath or may or ought to have of in or to the said Premisses in L. aforesaid, To have and to hold to the said G. C. his Heirs and Assigns to the only use and behoof of the said G. C. his Heirs and Assigns for ever.
And the said G: C. by himself for him his Heirs Executors Administrators Covenants from each to other, for quiet enjoying their parts. and Assigns, and the said T. C. by himself for him his Heires Executors Administrators and Assignes, severally and respectively and not joyntly, do covenant promise and grant to and with the said M. C. his Heirs and Assigns by these presents, That he the said M. C. his Heirs and Assigns, shall or may from henceforth for ever well and peaceably have hold occupy possess and enjoy the said one moyety or one half of all and every the said premisses in B. aforesaid here before limited assigned and granted for the part and purpart and portion of the said M. free clear and discharged of and from all other Estates Rights Titles Interests Charges and Incumbrances whatsoever bad made caused or willingly suffered or herafter to be had made caused or willingly suffered of or by the said G. C. or T: C: or either of them, their or either of their Heirs or Assigns, and without any let trouble suit entry disturbance or interruption of the said G. and T. or either of them their or either of their Heirs or Assigns or any of them, or of any other person or persons lawfully claiming by from or under them or any of them.
And the said M. C. by himself for him his Heirs Executors Administrators and Assigns, and the said G. C. by himself for him his Heires Executors administrators and assigns severally and respectively and not joyntly, do covenant promise and grant to and with the said T. C. his heirs and assignes by these presents, That he the said T▪ C. his heires and assigns shall or may from henceforth for ever well peaceably and quietly have hold occupy and enjoy the said other moyety or one half of all and every the premisses in B. aforesaid herebofore limited assigned granted for the part purpart and portion of the said T. C. free clear and discharged of and from all other Estates Rights Titles Interests Charges and Incumbrances whatsoever, had made caused or willingly suffered or hereafter to be had made caused or willingly suffered of or by the said M: C. and G. C. or either of them, their or either of their heirs and assigns and without any let trouble suit entry disturbance or interruption of the said M. and G. C. or either of their heirs or assigns or any of them, or of any other person or persons lawfully claiming by from or under them or any of them.
An Indenture of Partition Quadri-partite.
THis, Indenture, made &c. Between &c. Witnesseth, That whereas the Mannors Lands Tenements and Hereditaments of Sir J. D. Knight deceased, contained and specified in certain Schedules quadripartite indented unto these presents annexed, are descended and come in Possession Reversion or otherwise unto K. now Wife of the said H. L. Son and Heir apparant unto W. L: Esquire, and to A. now Wife of F. M. Esquire, and to M. now wife of T: G. Esquire, and to F. now Wife of I. H. the younger, Gentleman, Son of I: H. the elder, Esquire: And whereas the said H. L. and K. his wife, F. M. and A. his wife. are now seised in possession and Reversion in the Right of the said K. A. M. and F. of one Estate or Estates of Inheritance, part in possession and part in Reversion, no severance yet therof had or made The said H. L. for him his Heirs Executors and Administrators for the part of him the said H. L. and K. his wife and their Heirs, the said I. H. the younger, and F. his wife and their heirs, the said F. M. for him his Heirs Executors and Administrators for the part of himselfe, and the said A. his wife and their Heirs and the said I. G. for him his Heirs Executors and Administrators for the part of him and M. his The Covenants wife and their heirs, that is, to wit every of the said parties severally for themselves their heirs executors and administrators only, and not joyntly, do covenant agree conclude and grant severally to and with every of the other parties, their heirs executors administrators and assigns by these presents, in manner and form following, that is to say, That the said Mannors Lands Tenements and Hereditaments, as well in possession as Reversion, by four such several portions as they be now set out in the four severall Schedules quadri-partite, shall within two dayes next ensuing the sealing and delivery thereof be put by them in four severall Scrowes in writing, that is to say, In every Scow one of the four portions and parts shal be inclosed in four several balls of wax The manner of the partition by lots. so that no part of the said Scrowes may be seen: And that the same four balls of wax shal be after put in a cap or hat and there shuffled together, and that then within the said two dayes, they shall agree upon some indifferent man or child, and cause him to put his hand into the said cap or hat at adventure, the said cap or hat being closed, and to take out first one ball of wax alone, and deliver it to the said H. L. or to the said W. L. his Father, or to some other for the said H. L. and K. his wife, and after to take out another ball of wax alone and deliver it to the said F. M. for the said F. and A. his wife; and after to take out another of the said balls of Wax alone, and deliver it to the said T. G. for the said T. and M. his wife, and after to take out [Page 577] the fourth ball of wax and deliver it to the said I. H. the younger and F. his wife and immediatly after such delivery of every of them that so shall receive such balls of wax, or his Attorney or Deputy shall forthwith open the same balls of wax, and cause or suffer the Scrow therein contained to be read and openly declared amongst them, and that the same shal stand and remain as a ful and perfect partition and severance among & betwixt the said Co-parceners of all the said Mannors Lands Tenements and Hereditaments, and that after such partition and allotment made, the said H. and K. his wife and their heirs, the said F. and A. his wife, the said H. the younger and F. his wife and their heirs, and the said T. G, and M. his wife and their heirs, shall stand and agree to the said partition and allotment, and to all things contained and specified in the said Schedules quadri-partite, indented according to the true intent and meaning written in the same Schedules, and in these Indentures, and shall permit and suffer the same to stand remaine and abide in its full strength and force for ever.
And further the said H. L. for him his heirs and executors, for the Mutuall Covenants for further assurance. part of him the said H. and K, his wife and their heirs, the said I. H. the elder his heirs and executors for the part of the said I. H. the younger and F. his wife and their heirs, and the said F. M. his heirs and executors for him and the said A. his wife, and the said T. G. his heirs and executors for him & the said M. his wife, that is to say, that every of the said parties severally by and for themselves and their heirs and Executors only doth covenant and grant to and with every of the other said parties severally, their heirs and Executors only, that if every of the said parties his wife and heirs for whom he or any of them covenanteth and granteth to and with the other by these presents, shall for and by the space of seven years next &c. as far as the Law will permit and suffer, at the reasonable request and costs and charges in the Law and otherwise of such of the said parties, as shall desire the same, do knowledge or suffer to be done all and every such reasonable and further act and acts thing and things, be it by Fine Recovery Deed of Deeds or otherwise as shall by such party or parties or their Councill learned shall be reasonably devised or advised for the better and more perfect assurance of the said severall Portions Allotments and things in the said Schedules quadri-partite indented & contained according to the true intent & meaning of all the said parties: And that every of the said parties their Heirs and Assigns, shall or may for ever herafter have hold occupy and enjoy their said severall Portions and Allotments acquitted and discharged, or otherwise sufficiently saved harmlesse, &c. And that the said Co-parceners and their husbands their heirs and Assigns, shall permit and suffer every of the other Coparceners their husbands and theirs Heirs and Assigns, to have and keep all such Evidences Deeds and Writings as concern such Mannors Lands and Tenements [Page 578] as are to them severally allotted as aforesaid alone, and true copies of all other Deeds Evidences and Writings, a do concerne the same Mannors Lands and Tenements, the same to be copied and written out at the costs and charges of such as shall desire the same. And whereas R. N. Gentleman hath an annuity or yearly Rent of 20 l. going out of the premisses for the term of his naturall life, it is covenanted and agreed by all the said Co-parceners, that each of them A covenant that all the Coparceners shall pay an annuicy of 20 l out of their parts divided. shall pay to the said R. N. yearly the summ of 5 l. at such time and place as it hath heretofore been used and accustomed to be paid.
And it is further agreed by and between the said parties. That if it shall hereafter happen, that any of the Mannors, Lands or Tenements of any of the said four portions allotted as aforesaid, unto any of the said Co-parceners, shall by due order and course of Law or Equity, without fraud or coving be recovered and lawfully evicted, so that it cannot be held and enjoyed according to the said partition, and the true intent of all the said Co-parceners and their Husbands, that then and in such case the rest of the said Co-parceners and their Heirs and Assigns shall and will recompence and satisfie at their equall costs and charges unto the party so evicted, so much as the value of the Land so evicted shall amount unto. And that all the woods and under-woods That the wood shall be severed and divided. now standing being and growing upon the premisses or any part thereof shall be severed and equally divided amongst the said Co-parceners and their Husbands before the Feast of Pentecost next coming after the Date hereof.
And that it shall be lawfull to, and for the said Co-parceners their Heirs and Assigns, to have free ingressegress and regresse in and to all the Lands before mentioned to be divided and severed, and every or any part or parcell thereof, where any of the Woods do grow, (and thorow which they must be carried therefrom) and to fell cut down and carry away so much thereof as shall be severally alfotted unto any of them, In Witnesse &c.
Another Partition between Co-heires of Houses.
THis Indenture made &c. between &c. witnesseth, That it is covenanted granted and agreed, by and between the said parties, for a Partition between them to be had and made of five Messuages &c. of the Inheritance of the said A: B: as Daughters and Heirs of the said A: B: And first it is covenanted and granted by and between the said parties.
And the said I: M: and S: his wife, for them and the Heirs of the said G: do covenant and grant to and with the said T: S: and E: his wife, and the Heirs and Assigns of the said E: that the said T: S. and The Partition. E: in the right of the said E: and the Heirs and Assigns of the same E: shall have hold and enjoy to the said T, S: and E: in the right of the said E: in severalty for ever; One Messuage or Tenement &c. and that other Messuage or Tenement scituate &c. in as large and ample manner and form as the said &c. now have hold occupy and enjoy the same in full recompence and allowance, of and for all the part and purpart that to the said E: appertaineth, or of right ought to appertain and belong of all the said five Messuages &c. by and after the decease of the said A: B: as one of the Daughters and Heirs of the said A: B.
And the said T: S: and E: for them, and the Heirs and Assigns of the said E: do by these presents covenant and grant, to and with the said I: M. and C. and the Heirs and Assigns of the said C. That the said T. S. and E. in the right of the said E. and the Heirs and Assigns of the said E. shall and will accept and take the said three Messuages &c. in full recompence and allowance, of and for the part purpart and portion of all the said five Messuages &c. to the said E. from and after the decease of the said A. B. as one of the Daughters and Heirs of the said A B. belonging or appertaining.
And the said J: M: and C: in the right of the said C: and the Heirs and the Assigns of the said C: shall have hold occupy and injoy to the said J: M: and C: in the right of the said C: add the Heirs and Assigns of the said C: in severalty for ever, the said Messuages &c: in as large and ample manner and form as the said J. M. and C. now have hold occupy and enjoy the same, in full recompence and allowance of and for the said part, purpart, or portion that to the said C. appertaineth, or of right ought to appertain or belong, of all the said five Messuages, by and after the decease of the said A. B. as one of the Daughters and Heirs of the said A. B.
And the said J. M. and C. for them and the Heirs and Assigns of the said C. do by these presents covenant and grant, to and with the said A Covenant to accept two Messuages for one part. T: S: and E: and the Heirs of the said E: That he the said J: M: and C: in right of the said C: and the Heirs and Assigns of the said C: shall and wil accept and take the said two Messuages, in the tenures of &c. in full recompence and allowance of and for her part, purpart, and portion of all the said five Messuages &c. to the said I: M: and C: by and after the death of the said A: B: as one of the Daughters and Heirs of the said A: B: belonging or appertaining, and for and in consideration that the said Messuages to the said P. M: and C. in form aforesaid allotted, be of better value then the said Messuages, to the said T: S: and E. in form aforesaid allotted: The said J: M: and C. for them, their Heirs Executors and Administrators, do covenant and grant, to and [Page 580] with the said T: S: and E: their Executors and Administrators, that they the said I: M: and C: their Heirs Executors or Administrators, A Covevant to pay a summ of money to one whose part was less then the other. shall well and truly pay or cause to be paid to the said T: S: and E: their Executors or Administrators the summ of &c.
And it is also covenanted granted and agreed between the said parties, and either of the said parties, do covenant grant and agree for them and their Heirs and Assigns by these presents, to and with the other of them, their Heirs and Assigns, that it shall and may be lawfull to either of the said parties, their Heirs and Assigns, from time to time, A Covenant that every of the parties may enter into any of the others part, for the repairing of the Houses. and at all times needfull, to enter into any parcel of the part or purpart of the other, for the repairing amending and doing of any thing necessary for the maintenance and preservation of the Tenements aforesaid to them severally allotted and appointed by these presents, and that neither of the said parties, their Heirs or Assigns, at any time hereafter shall make any new Building, or do any other thing in any part or parcel of the part and purpart of either of them, that shall or may stop impair or hinder the Light, Gutters, or Kennels of the part or purpart of the other of them: In witness &c.
A Division of Land between the Owners therof in Fee-simple, with good Covenants.
THis Indenture &c. between A: W: Son of W: W: late of L: Carpenter, deceased, on the one party, and C: W: Citizen and M: of L. on the other party, witnesseth, That wheras by reason of Parliament holden in the first year of the late Raign of our late Soveraign Lord E: 6. late King of England, Intituled an Act for dissolving and determining Recitation: of divers Chantries, Colledges, Guilds, and Fraternities, amongst other there did come to the possession of the said late King, all those two Messuages and Tenements, Shops, Cellars, Sollers, Yards, Chambers &c. then in the tenure &c. scituate in the Parish of St. Peter &c: in the City of L: aforesaid. And where the said late King E: 6. by his Letters Patents, made under his Great Seal of Eng: and bearing date &c. amongst other things did give and grant the said two Messuages and other the Premisses, with their Appurtenances to E: E: then of the City of L: Esquire, and to T: B: of &c. and to their Heirs for ever, to be holden of the said late King, his Heirs and Successors by Fealty in free Burgage of the said City of L: and not in chief, for all Services and Demands whatsoever, as by the said Letters Patents and Record therof more piainly &c.
And where the said C: W: and A: W: by good and lawfull conveyance [Page 581] are and stand seised of the said two Messuages and other the Premisses, Each seised of a Moyety. with their Appurtenances, to them and their Heirs for ever: That is to say, the said C. is and standeth seised of one Moyety therof, and the said A. of the other Moyety therof by good and perfect Estates in Fee-simple; They the said C. and A. of one assent and consent for them Allotments in severalty. and their Heirs, have made full and cleer division of all the said Messuage or Tenement, and other the Premisses, with their Appurtenances, in form as followeth; That is to say, the said C: W: his Heirs and Assigns, shall and may from henceforth have, hold, and enjoy to the said C. his Heirs and Assigns for ever, to the only use and behoof of the same C. his Heirs and Assigns for ever, all that &c. a butting &c. containing &c. And that the said A. W. his Heirs and Assigns, shall and may &c. all that &c. And for as much as the said part of the Premisses in The one in consideration his part is better alloweth money to the other in Consideration. the Division aforesaid, alloted to the said C. W. is the better part therof, the same C. in consideration therof, before the ensealing of these presents, hath given contented and paid to the said A. W. the summ of &c. wherof the said A. knowledgeth himself fully and truly paid and satisfied, and therof acquitteth &c.
And the said A. W. for him and his Heirs, doth by these presents ratifie and confirm to the said C. his Heirs and Assigns for ever, all that part of the said two Messuages, and other the Premisses allotted to the said C. in and by the Division.
And also the said A. W. covenanteth &c. in form &c. That he the said A: and his Heirs, and all other having or lawfully claiming, or which may have or lawfully claim to have any lawfull former Estate Right Title or Interest, to the Premisses or any part therof allotted to the part of the said C: as aforesaid, from time to time and at all times during three years next &c. at and upon the reasonable request of the said C: his Heirs or Assigns, to be made to the said A: or his Heirs, and at the costs and charges in the Law of the said C: his Heirs or Assigns, shall and will do make knowledge and suffer, and cause &c. with warranty only against the said A: and his heirs, all and every such act and acts, thing and things in the Law, as by the said C: his Heirs or Assigns, or their Councel learned in the Laws of this Realm, shall be lawfully and reasonably devised or advised, for the further and better assurance surety & sure making of all the said part of the Premises allotted to the said C: as aforesaid, to him the said C: his Heirs and Assigns, for their own use cleerly and absolutely without any condition for ever to be made sure. And that he the said A: W: at the time of the making of the said Division was, and untill the time of the full perfection therof, and of Further assurance. Seisin in Fee. good assurance made to the said C: and his Heirs, of that part of the Premises to them allotted as aforesaid, shall be and stand lawfully seised in his Demesne as of Fee, of one Moyety of the said two Messuages, and other the Premisses, without any Condition or Defeazance. And [Page 582] that he the said A. at the time of the said division making, had and Authority to [...]ivide. hath good and lawfull right authority and power to make and finish the same division, to and with the said C: according to the true meaning of these presents.
And further that all the said part of the Premises allotted to the Discharge of Incumbrances. said C. and his Heirs as above said, is, and for ever shall be and stand cleer and cleerly acquitted and discharged, or otherwise at all times saved harmless by the said A: his Heirs Executors and Administrators, of and from all and singular former Grants Bargains Sales &c. had made done or agreed unto by the said A: W: or by his means knowledge consent or procurement.
And moreover that he the said C: W: his Heirs and Assigns, for For enjoyance. their own use for ever, shall and may from henceforth peaceably and quietly have &c. all the said part of all and singular the Premises, to the said C. allotted as abovesaid, without any let interruption Suit trouble or eviction of the said A. his Heirs or Assigns, or any other person or persons, by his or their means title consent or procurement. And the said C. VV. covenanteth as A. VV. before hath covenanted: &c. In witnesse &c.
Partnership.
A Partnership between two of several Trades, where each severall parties industry used in his several Trade, the gain is to redound to both parties benefits.
THis Indenture, &c. witnesseth, That it is covenanted, granted, and agreed between the said parties to these presents, that they two according to the intent and tenor of these presents, and not otherwise, shall be and continu [...] Joynt-Occupiers and Co-partners in both these several Trades of Occupyings, with they the said A. and B. do now severally use and occupy, as well within the Realm, as also by any course of Merchandises elsewhere out of the Realm, from the first day of November next comming, for and during the term of 11. years, from thence &c. and fully to be compleat. If the said A. and B. shall so long live, and the same their Co-partnership, shall not in the mean time discontinue, break off, or give over, unless it shall be by the assent of [Page 583] both the said parties, or for some just cause to be given by either of the said parties contrary to the true meaning of these presents. And for the enterprising, maintenance and continuance of the said joynt-Occupying & Copartnership between the said parties enterchangably in their several Trades aforesaid. The same parties have agreed to lay down and make their Stocks together, to the full summ of 1600 l. of &c. wherof the said A. shall imploy in his Trade 800 l. of the same money. And the said B. shall imploy in his Trade the other 800 l. residue of their Stock of 1600 l. for and during the said joynt. Occupying and Copartnership, unless it shall be otherwise agreed between the said parties. And to the making of the said Stocks, either of the said parties shall put in therunto 400 l. apeece, at, or before the first day of Novemb. next comming, and the other 400 l. apeece, at, or before the 21th. of March next coming.
And said A. B. for him &c. Covenanteth &c. with the said C. &c. in form &c. That he the said A. B. shall truly and faithfully, to the best of his Wit, Knowledge and Power, imploy himself in and about the necessary use and maintenance of that Trade which he now useth. And therin in form aforesaid, shall imploy the Stock aforesaid therunto limited for the common and equal gain and advantage of the said Copartners, without any fraud or covin. And also that he the said A. shall from time to time make and keep, or cause to be &c. truly and faithfully a good, and perfect account and reckoning in Writing fair and legible, writen in convenient Book or Books for that use to be provided of all the said Trade and Doings of the said A. B. in the Copartnership aforesaid. And that the said C. D. and his Assigns, from time to time upon request shal & may peruse see and cast over the said Books, and the accounts and reckonings which there shall be contained therin. And also that he the said A. B. or his sufficient Deputy ftom six moneths to six moneths, once in every six moneths so long as the said Co-partnership shall endure (if he be therunto required) shall make and give up to the said C. or to his Assigns, a true, perfect and whole account in Writing▪ of all and every such summ or summs of mony, and of all Wares and Merchandises as the said A. or his Assigns within the compass of the said account shall have, had or receive in his said Trade of the said joynt-Occupying and Co-partnership; and also of all summs of money, wares and merchandises whatsoever, within that time the said A: or his Assigns shall have paid or delivered, for and touching his said Trade and Co-partnership in any thing. And the said C: D: for him &c. Covenanteth &c. in form as A. before with him hath Covenanted verbatim &c.
And the said Co-partners for themselves, their Executors Administrators, Factors and Assigns, and every of them have Covenanted and Agreed, and by these Presents do covenant and agree together, that [Page 584] they the said A: and B: seeverally, and their several Executors and Administrators shall have severall right and interest in the said Stcoks of 1600 l. and every other sum of mony which the said Co-partners shall put into the said Stocks, or either of them, and in all things which shall come and grow therof according to the several summs of money which they shall put into the same Stocks, or any of them, and in none other manner in any wise, that is to say every of the same A: and B: severally, and their several Executors and Administrators shall have several right and interest, either party to one several Moiety, and half part of all the said Stocks, and in, and to all things which shall come or grow therof. And after the same rate and order shall have their several parts and portions of all the gains and increase of the same Stocks, and of all things which shall arise or grow therof, and of every other Stock to be put into the said Co-partnership by the same Co-partners. And after the same rate, and in the same manner shall beare their reasonable parts and portions of all charges, losses and adventures whatsoever to grow in the said Trade of joynt Occupying.
Provided alwayes that it shall not be lawful to either of the said Copartners, their several Factors or Assigns in their severall Trades aforesaid at any time during the said Co-partnership in any manner of wise to charge the Stock or Stocks of this Co-partnership, or his Co-partner, wi [...]h any summ or summs of money or other charges over and above the said partable Stocks, unless it be by a full consent therunto hereafter to be given by the said partners which consent shall be contained and Written in some Book of their account wherunto for that purpose and under that place in the same Book, where the same consent shall be written down, they both shall subscribe their names, with their own Hand [...].
Provided also, and it is further Covenanted, Bargained and Agreed by and between the said Co-partners &c. in manner and form following, viz, That if it shall happen, either of the said Co-partners to decease within the time of their said Co-partnership, or before the accounts therof shall be finished and cleared between them, that then in such case the Survivor of them shall procure and cause with all his power and diligence to make and yeeld or cause &c. to the Executors Administrators or Assigns of his Co-partner so deceased, as aforesaid, a plain, true and perfect account of the said stock and gains therof then remaining with or towards the said Co-partner which shall fortune to survive of the said partable Trade by him used. And thereof shall allot and allow to the said executors administrators or assigns of his deceased Co-partner the whole part and portion of all the said stock and gains, with or towards the same Survivor in his said Trade remaining, which to the same Co-partner deceased in right and equity after the true meaning of these presents then at his decease shall be belonging.
And that therupon the same Survivor shall do his best endeavour to call in and gather all Debts abroad, and which were owning to the said Co-partners, in and by the said partable Trade used by the same Survivor at the time of the decease of his said Co-partner, and as the same or any part therof shall or may be had and received, without Suit, shall make payment of one Moyety therof, to the Executors Administrators or Assigns of the said Co-partner deceased, taking allowance out of the same only of one Moyety of such Debts as the said Co-partners did owe in the said partable Trade used by the said Survivor, and were unpaid at the time of the decease of the Co-partner so first deceasing.
And that the said Survivor, if it be required of him for the residue of all Debts whatsoever, owing to the said Co-partners, of or by the said partable Trade used by the same Survivor, wherof the said Executors Administrators or Assigns, of the said Co-partner deceased, shall not before have had and received his Moyety, shall make and deliver to the same Executors Administrators or Assigns of the said deceased Co-partner, at the proper costs and charges, such conveyance and assurance of one Moyety therof, as by the same Executors Administrators or Assigns, or by any of the Learned Councel of them, or of any of them, shall be reasonably devised, be it by Letter of Attorney Grant Agreement Contract or Covenant, or otherwise by any reasonable mean not repugnant to the Laws of this Realm.
And moreover that then likewise the Executors Administrators or Assigns of the said Copartner so deceased as aforesaid, for all the Stock limited to the Trade, and occupying of the said Co-partner so deceasing, and for all the Gains therof, shall make a plain true and perfect account of and for the same, to and with the said Co-partner surviving, or his Assigns, and therof shall allot and allow to the said Survivor and his Assigns, the whole part and portion, which after the true meaning of these presents shall be coming towards the same Survivor, of all the Stock and Gain therof aforesaid, put into the hands of his Co-partner deceased: And that therupon also the Executors Administrat [...]rs and Assigns of the said Co-partner deceased, shall do their best endeavour to call in and gather all Debts abroad which were owing to the said Co-partners, at the time of the decease of the same Co-partner so first deceasing, and which may be gotten without Suit, and as the same or any part therof shall be had or gotten without Suit, shall make payment of one Moyety therof to the said Co-partner surviving, or to his Assigns. And that for the reason of such Debts as shal be coming to the said partable Trade and Stock occupyed and used by the said Co-partner so first deceasing, that the Executors and Administrators of the same Copartner so first deceased, shall have one Moyety therof; And the Copartner and his Assigns surviving the other Moyety therof.
Provided alwaies, that all such Debts as the same Co-partners did owe out of the said Stock and Trade, occupied and used by the said Copartner [Page 586] first deceasing, shall be deducted and born of the same Stock and Debts owing and coming therunto. And that the said Survivor for recovery of the one Moyety of the same Debts, shall make such conveyance and assurance to the Executors Administrators or Assigns of the said Co-partner first deceasing, at their charges and expences, as the same Executors &c. or their learned Councel &c. shall devise not repugnant to the Laws of this Realm, and according to the true meaning of these presents; To all and singular which said Covenants Articles Conditions and Agreements, for the severall parts of the said A. and B. their Executors Administrators Factor and Assigns, well and truly to be performed holden and kept, according to the very intent and true meaning of these present Indentures, either of the same parties doth bind himself, his Heirs Executors and Administrators, unto the other of them, in the summ of 3000 l. of &c. to be had and levied, to the use of his other Co-partner his Executors and Assigns, of all the Lands Tenements Goods and Chattels of such of the same Co-partners, as shall make default, to perform hold and keep the Covenants Articles Conditions and Agreements aforesaid, or any of them for his part to be holden performed or kept: In witnesse &c.
A Partnership where one alone is bound to follow the Trade.
THis Indenture &c. between W. B. Citizen and Merchant-taylor &c. on the one party, and E. G: Citizen and Cloth-worker &c. on the other party, witnesseth, That the said W: B: and E: G: of the mutuall credit and faithfull confidence that each of them hath reposed in the other, have covenanted granted condescended and agreed together, and by these presents do covenant &c. at their equal charges to make one Stock of &c. of lawfull &c. at their equal adventure, and for their common and equal gain and losse, to be bestowed imployed used and occupied, by the diligence discretion and labour of the said E. G: from time to time, in the Trade and Traffick which the said E: G: now useth and exerciseth in that Shop which he now occupieth; scituate in B: of L. from the day of the date of these presents, by and during all the term of five whole years, from thence next following.
And the said E: G: doth covenant acknowledge and confesse, that he at, and before the ensealing and delivery of these presents, hath had and received of the said W: B: the summ of &c. for the full part of the said W. to the making of the Stock aforesaid, and therof is fully and plainly satisfied and possessed.
And also the said E. G. doth covenant and promise, to and with the said W: B: by these presents, that he the said E. shall not only immediatly [Page 587] and presently put in other 00l. of &c: to make up the said Stock to the full sum of &c. but also according to his health and ability, from time to time, during the said Partnership, shall imploy his labour knowledge and diligence to bestow the said Stock in his said Trade, and therin use and occupy the same, for the common and equal profit of himself, and the said W: B: without fraud or covin, in manner and form as aforesaid.
Provided alwaies, and it is agreed between the said parties for themselves, their Executors and Administrators, by these presents: That if it do fortune either of them to decease, during the said term of their Partnership (their said Stock and encrease therof, or any part or parcel therof, or any Debts to be to them owing, or by them owing by means therof, not being severed nor divided) that yet notwithstanding the Survivor of them shall have only interest and right to the Moyety and one half of the said Stock Encrease and Debts owing to the said Partners, and no more: And upon account to be charged only with the Moyety of the said debts by the said Partners (in respect of the said Partnership only) to be owing out of their Stock aforesaid. Any thing to the contrary &c.
And the said E. G: covenanteth &c. That the said E: from time to time, upon every reasonable request, and upon one months fore. warning, shall make and give up to the said W: or to his Deputy or Attorney, a plain and true account in writing, of all the said Stock, and of all the encrease and gains therof, together with all Losses grown of the same, and shall then immediatly make a true and equal division and payment to the said VV: B: if it be required, of all his part of the gains and encrease aforesaid, according to the true meaning of these presents. And that if it do happen the said E: G: at any time during the said term of five years, to depart this present life, or at any time after before the cleer ending and finishing of the account of the Premisses, and full payment had and partition made of all things put in the said Partnership, or arising therof, that then the Executors or Administrarors of the said E: G: shall make a full and perfect account and ready payment, and delivery to the said VV: his Executors or Administrators, or to his or their lawfull Deputy or Attorney, as well of all that part of the said Stock to the said VV: or to his Executors or Administrators (according to the true meaning of these presents) a part as also of the Moyety and one half of all encrease lucre gains and advantages grown of or from the said Stock, and that to be done within the space of 2. months, next after the decease of the said E. G. without any further delay: In witness &c.
A Partnership between Merchants-Adventurers.
THis Indenture tripartite &c Between R. P. of L. Mercer, on the first party, and W: C. of L. Cloth-worker, on the second party, and H: M: of L: aforesaid, Cloth-worker, on the third party, witnesseth, That for and touching a Co-partnership and joynt occupying in the Trade of Merchants-Adventurers to be had and continued between the said parties, from the Feast of Easter now next coming, for by and during the term of three years from thence &c. and fully &c. the said parties have covenanted and agreed together, and every of them severally for himself, his Heirs Executors and Administrators, doth grant covenant and agree, to and with the other of the said parties, and either of them, and the severall Heirs Executors and Administrators of either of them by these present Indentures, in manner and form as hereafter particularly on their behalfs, or on the behalf of any of them in these presents is expressed and contained; That is to say.
First, That for the making of a Stock for the said Co-partnership and joynt-occupying the said R, P. for his part shall put into the said Stock 400 l. of &c. and the said W: C: for his part shall put into the said Stock 300 l. of &c. and the said H: M: for his part shall put into the same Stock 250 l. of &c. which severall summs of money are now at and before the ensealing of these presents, well and truly put into the Stock aforesaid, by the parties aforesaid, in form as aforesaid.
Item, That every of the said parties and their severall Executors and Administrators, shall from henceforth have severall right and interest in the Stock aforesaid, and the encrease therof to the values of their severall Stocks put into this Co-partnership, as aforesaid; And for the residue of all encrease and gains to come or grow of or by the said Stock, or joynt-occupying the same parties severally, and their severall Executors and Administrators for every part shall have right and interest to one equal third part therof, and not otherwise, or in any other manner.
Item, That all Losses, Adventures, Costs Charges, and Damages to happen or arise, in or by the joynt-occupying aforesaid, shall be from time to time allowed reckoned sustained and born of the whole Stock and Encrease, of and by the Co-partnership and Joyn-occupying aforesaid, all charges of Dyets only excepted.
Item, That every of the said parties in his place where he shall be abiding and assigned for the business of the Joynt-occupying aforesaid, shall there diligently and faithfully employ himself to the profit and commodity of the said Co-partners, and likewise every of them shall keep from time to time, a plain and true account and reckoning in writing [Page 589] apart by it self from other reckonings of all his doings and dealings in the premisses, which according to the use of Merchants shall be meet to be entred into account.
Item. That every of the said parties shall make t [...]ue and perfect account with his other Co-partners of his doings and dealings in the said Co-partnership and the business therof, as it shall be reasonably required from time to time by any of his other Co-partners, or by the Executors or Administrators of any of them.
Item. That none of the said Co-partners during the time before appointed for the continnance of the said Co-partnership shall take any thing out from the said Stock or increase therof to his own particular use, except it be for his own diet or house-keeping without the special agreement of the said two other Co-partners first therunto had in writing, to be signed with their Hands.
Item, That during the time aforesaid, none of the said Co-partners without such special agreement as aforesaid shal accept any Bil or Bils of Exchange, to the intent to return the same upon the Exchange for any other person or persons, other then only to the account of the said Co-partnership; and that during the said time none of the said Co-partners shall enter-meddle or joyn himself in Traffique to or with any other Fellowship or Co-partnership; and that none of the parties to these presents during the said time shall make sign or deliver any Bond or Bonds, Bill or Bills of debt, as surety for any other pe [...]son or persons wherby his other Co-partners or other joynt Stock shall or may be further charged then his part that shall make sign or deliver such bond or bonds, bill or bills, doth and shall truly amount unto, except it be by such agrement as aforesaid.
Item. That the said Co-partners, during the said Co-partnership shall for all other business of the said joynt Occupation term and call themselves by the name of W. C. &c. Company, Writings which they shall make in this Co-partnership, or otherwise such of the said Co-partners as shall so sign any such Bills or Writings shall make the same in the name of himself and Company.
Item. In consideration that the said H. M. shall be resident beyond the seas for the business of this Co-partnership, he in respect of the dearness of victuals there shall have yearly towards his Table in allowance out of the account aforesaid 10 l. of lawful money of Flanders and also in consideration that the said W. C. shall keep a man, and use his Warehovse in L. for use of his Co-partnership, the [...]aid W. to have therefore yearly to him allowed out of the account aforesaid other 10 l. of &c. And that all charges other then aforesai [...] being for Diet shall be born by every Co-partner for his own party, and not to be put to the said account.
Item. If it fortune any of the said Co-partners to decease before the [Page 590] ending of the said Copartnership, the other two partners then Surviving the Survivor of them two, and his Executors & Administrators shal make good and true account and meet and equal contentation and satisfaction to the Executors or Administrators of such Co-partner so deceasing of and for all his part of the said Stock, and the gains and encrease therof (charged with his part of the charges aforesaid) untill the day of such decease of the same Co-partner without any delay, fraud or covin, and without any advantage taking by right of Surviving or any usage or custome.
Item. That once every year the said Co-partners by themselves or their sufficient Deputies shall conferr together, and make perfect their account to the day of such their conference, or as neer therto as conveniently by their estate of their business may be done. And also that by their common consent and appointment one faire Register Book shall be made and orderly, kept from time to time of their whole account for their partnership. And that every of them, and their several Executors and Administrators shall and may have Copies therof as to them shall be needful or convenient without denial or impediment of any of the said Co-partners or any other, for or by them, or any of them.
And every of the said Co-partners parties to these presents doth Covenant and Grant for himself his Heirs Executors & Administrators, and every of them by these Indentures. That he and his Heirs Executors and Administrators, and every of them for his part shall and will well and truly hold, keep and performe all and singular the Articles aforesaid, and all the Covenants of these presents towards his other several Co-partners, and either of them, and the Heirs Executors and Administrators, of every of them, as becometh a true and faithful Co-partner to do without any fraud or deceit in any thing. In Witness, &c.
A Division of Partnership well passed.
THis Indenture &c. Between W. L: Citizen and Grocer of L. on the one party, and T. H. Citizen and Haberdasher of L. on the other party witnesseth, That whereas the said parties for and by the space of certain yeers now past, have had held and occupied a partable stock and have been and continued Co-partners and parting fellowes in the the trade of buying selling and retailing of Linnen cloth, and other Merchandises, and now have clerly resolved and agreed together from henceforth absolutely to all intents to dissolve determine break off and end the said Copartnership, of and in the premisses.
And have further concluded clearly to divide the said partable stock, and all Debts and Credits therof and therby growing arising and being.
And furthermore each of them to hold and retain his severall part purpart and portion to and by himself in severalty to his own sole use and profit and not in common.
It is therefore covenanted and agreed by and between the said parties to these presents, and either of them for himself his Heirs Executors and Administrators covenanteth and granteth to and with the other of them, his Executors and Administrators by these presents, in manner and form following, that is to say, That the said Co-partnership Partnership henceforth to cease. and parting fellowship and all other partnerships and joynt trading, now or at any time before the Date of these Presents had, used or exercised between the said parties to these presents, do and shall from henceforth immediatly cease determine and clearly end and have no further continuance or being to any effect or purpose whatsoever, any Covenant Covenants or other matter agreement composition promise or thing to the contrary thereof had made concluded or promised in any wise notwithstanding.
And that all such former Covenants Promises and Agreements as are All Covenants made for the further continuance of the partnership to be void. passed, or made by or between the said Parties touching any further continuance or prolonging of any such partnership or partnerships to be had or holden between the said parties shall by virtue of these presents be deemed adjudged void and of none effect. And also it is agreed by & between the said parties to these presents & the said T. H. for him his Heirs Executors & Administrators covenanteth & granteth to and One of the parties to have all the money and wares without impediment of the other. with the said W. L: his executors administrators and assigns, that &c. for his part of the said partable stock, and other the Premisses, shall take have and enjoy from henceforth to the sole and proper use and behoof of the same W. L. his Executors Administrators and Assignes all the Linnen cloth wares Marchandizes and ready money whatsoever now remaining in the said stock of the said Copartnership, or being any Part or Parcell thereof or accepted or taken as Part Parcell or Member thereof which by estimation is now rated and valued to the Summ of 1714 l. 10 s. a he same and every part thereof to be, remaine and continue from henceforth to the same W. L. his Executors Administrators and Assignes, discharged and acquitted or else upon reasonable request sufficiently saved harmless by the said T. H. his Executors and Administrators or some of them, of for and from all manner of Interests Judgments Charges Forfeitures Titles and Incumbrances had made or suffered, or to be had made or suffered by the said T. H. his Executors or Administrators, or by any of them or by any other in his Right or Title or lawfully claiming in from by or under him or them or any of them. Release of Right in the money and wares.
And the said T. H. doth by these Presents, absolutely and clearly [Page 592] grant assign release and put over to the said W L. his Executors and Assigns, all the Right interest and demand of him the same T. of in and to the said Linnen cloth VVares Merchandizes and ready money whatsoever, and of in and to every part thereof.
And moreover it is covenanted granted and agreed by and between The other of the parties to have for his part certaine debts mentioned in a Schedule. the said parties to these Presents, and the said W L for him his Heires Executors & Administrators covenanteth and granteth to and with the said T. H. his Executors and Administrators by these presents, That the said TH. for his part of the said partable stock and other the Premisses shall take have and enjoy to his own proper use and behoof for ever, without any let suit disturbance or interruption of the said W. L. his executors or administrators or any other lawfully claiming from by or under him all and every such Debts and summs of money which a [...]e now due or owing or to be paid to the said Co-partners, jointly by reason or means of their said Co-patnership, as are particularly mentioned or expressed in a Schedule indented to these presents annexed, Together with all Bills Bonds Obligations and specialties only concerning the same Debts or any of them.
And the said W. L. doth by these presents clearly (what in him lyeth, And all specialties of those debts. Release of the Dehts. release and put over to the said T. H. his Executors and Assignes all the Right Title and Demand of him the said W of in and to all and every the said Debts in the said Schedule expressed, and of in and to the said Bills and specialties only touching and concerning the same or any of them.
And also the said W. L. for him his Heirs Executors and Administrators. covenanteth and granteth to and with the said T. H. his Executors Administrators and Assigns, and every of them by these presents in form following, that is to say, That he the said W. L. his Executors and Administrators having and enjoying the said Linnen cloth The debts to be held without account. VVares Merchandizes and ready money as aforesaid, according to the said Allotment and to the true meaning of these presents shall and will from time to time agree permit and suffer that the said T. H. his Executors and Administrators to his and their own use, shall and may demand require collect receive gather & levy by all lawfull waies and means all and every the said Debts in the said Schedule expressed, or mentioned, and every part thereof without any let denyall or gainsaying of the said W: L: his Executors or Administrators or any of them, and the same shall and may retain and hold to his and their proper use without any Accompt or Reckoning thereof, or of any part thereof, to be made or rendred to the same W. L. his Executors and Administrators or to any of them. And shall and will also agree, That To agree that actions shall be [...] with [...] di [...]cha [...]ge [...]. if need shall be, any Action or Actions Suit or Suits, for the Recovery of the said Debts, in the said Schedule expressed, or any of them may be brought or pursued by and at the Costs and Charges of the said [Page 593] T. H. his Executors and Administrators in the name or Names of the said W. L. and T. H. their Executors or Administrators or any of them without any Discharge Revocation or stay of the said Actions or Suits or any of them to be caused or commanded by the said W. L: his Executors or Administrators or any of them without the consent of the said T. H. his Executors or Administrators or of some of them, so as the said T. H. his Executors or Administrators or some of them, shall from time to time upon reasonable Request and notice, save and keep harmlesse the said W L. his Executors and Administrators and every of them, for and concerning all Losses Costs and Damages which he the same W. his Executors or Administrators shall sustain or be at, Bona fide, without fraud or covin by occasion or means of any such Action or suit prosecuted in his or their Name by the said T, his Executors and Administrators or by any of them.
And that he the said W. L. hath not heretofore, nor that he, his Not to release the debts. Executors or Administrators hereafter, shall not Receive acquit Release or Discharge the said Debts in the said Schedule expressed, or any of them unless it be by the speciall consent and agreement of the said T his Executors or Administrators first in that behalf obtained and had, or unless he the same W. L. his Executors or Administrators, shall truly pay to the said T. H. his Executors and Administrators any such summ or summs so by him the said W. L. to be Received of the same Debts within forty dayes, next after such Receipt so thereof by him to be made.
And if the same W. his Executors or Administrators shall hereafter If any of the debts shall be received [...]r acquitted, then the same to be paid to the party tha [...] should hav [...] them with [...]n six weeks. acquit or discharge any of the said Debts in the said Schedule expressed without such consent and agreement of the said T. his Executors and Administrators as aforesaid, that then he the said W. his Executors or Administrators, within six weeks next after every such Release or Discharge of any of the said Debts in the said Schedule expressed, shall and will well and truly pay content and satisfie, or cause to be paid contented and satisfied, at &c. to the said T. his Executors or Administrators, all and every such Debt or Debts, in the said Schedule expressed, which he the said W. his Executors or Administrators shall so Release or Discharge as aforesaid, without any manner of fraud or covin.
And the said W. L, for him his Executors and Administrators covenanteth One of the parties to p [...]y a certain sum toward payment of their debts. and granteth to and with the said T. H. his Executors and Assigns by these presents, That he the said W. L. his Executors or Administrators, shall and will well and truly content and satisfie to and among the Creditors of the said W. and T. in respect of their said Copartnership or joynt occupying the summ of 743l. 4s. of lawfull money of, &c. toward the payment and satisfaction of such Debts and summs of money, as to the said Creditors are due and owing out of [Page 594] or in respect of the said Partable stock Co▪partnership or Joynt Occupying.
And also the said T. H. for him his Heirs Executors and Administrators, The other party to pay a certain summ towards the debts. covenanteth and granteth to and with the said W. L. his Executors Administrators▪ & Assigns by these presents, that he the said T. Executors or Administrators, shall and will well and truly content and satisfie to and among the said Creditors, towards the payment & satisfaction of such Debts and Sums of mony as to the said Creditors are due and owing out of or in respect of the said Partable stock &c. the summ of 492 l. 18 s. of &c. in form following, viz. 400 l. thereof out of the first Receipts by him the said T. his Executors or Assigns, of the debts in the Schedule expressed if so much may be levied gathered and had in and before the first day of &c. next ensuing. And in Default thereof, then the same Summ of 400 l. to be paid at or before the last day of &c. next coming at the farthest, and 92 l. 10 s. residue and in full payment of the said Summ of 492 l. 10 s. at or before the Feast of, &c, next ensuing the Date of these presents.
And it is also concluded and agreed by and between the said parties If any privy debt or charge be [...]he same to be paid by whom the same grow. to these presents, and each of the said parties severally for him, his Hei [...]s Executors and Administrators, covenanteth and granteth to and with the other of them, his Executors and Administrators by these Presents, That if any privy Debt Charge or cause of Action be growing or depending by reason or occasion of the said Co-partnership unto the which the said Co-partners are of right lyable and subject unto other then, and except such known debts as are specified or mentioned to be owing in their common book, that then and in all such cases, such of the said parties to these presents in whose Default, or by whose Act or Procurement such Debt or Charge hath grown, shall within time conveniently satisfie and pay the same, and thereof discharge and save harmlesse the other of the said parties, his Executors and Administrators.
And morover it is agreed, That if any manner of variance or cause of Sui [...] at any time or times herafter do or shal happen to grow arise or be If any controversie arise between the parties, the same to be ordered by men now nominated. given between the parties or the executors or admin [...]strators of them or of either of them by for or upon any Covenant Matter or Thing in these Presents expressed or mentioned or of forupon or in respect of the said Co-partnership or joynt occupying in any wise, that then and so often the party in that behalf greived. shall thereof make Declaration to T N. Grocer, and I C. Clothworker, Cit [...]zen of L. unto whose Order and Judgment for and touching the premisses or any part thereof from time to time, the said parties and either of them for their severall parts and for their severall Executors and administrators do wholy submit themselves by these Presents, so alwaies as by their order and judgement be thereof, or of any part or parts thereof made and given up in [Page 595] Writing indented under their hands and Seals within three moneths next after such Declaration to them made as aforesaid, and that during such three months from time to time or at any time, neither of the said parties their Executors or administrators shall not directly or indirectly bring or pursue any Suit or Action against the other of them touching the premisses.
And they the said parties and their severall executors and administrators on their severall parts and behalfes, every of them for his own part shall stand to, obey abide and perform all and every such Order and Judgment as the said T. N. and J. C. shall within such time as aforesaid, make and give up as aforesaid for and touching the Premisses or any part thereof, In witness, &c.
A PRESENTATION.
TO all persons who have or shall have sufficient Authority of power in this behalf I. H. Esquire, the true and undoubted Patron of the parish-Church of C. in the County of D. sendeth greeting. I present G. B. Clerk of the Rectory of C. in the County of D. now void by the death of the last Incumbent there, and to my Presentation of full Right belonging, requiring you forthwith to admit the said G. B. to the Rectory of C. aforesaid, and that you truly and lawfully institute him Rector there, and that likewise you invest him with all his Rights Members and appurtenances whatsoever, and that you do perform fulfill and accomplish all and every the singular acts which the Office obligeth you to discharge herein, In Witnesse &c.
PROVISOES.
PRovided alwaies, and neverthelesse it is covenanted granted Power to make Leases. condescended and fully agreed by and between the said parties to these presents; That all and every Lease and Leases, Demise and Demises, Grant or Grants, to be had or made by the said A. B: during his naturall life, by his Deed or Deeds indented to be made betwixt him the said A. B. of the one part, and any other person or persons of the other part, the one part wherof to be signed and sealed with the hand and seale of the said A. B. of the said Mannors &c. or of any of them, or of any part or parcel therof, for term of year or years, life or lives, wherupon the old and accustomed yearly Rent or Rents of the said Mannors &c. so to be demised or more shall be reserved and yearly payable, during such Lease or Leases so to be made, shal be good sure effectuall and available in Law, for and during the said Terms. And that all and every person and persons, unto whom such Lease or Leases shall be made their Executors and Assigns, shall or may peaceably and quietly have hold occupy and enjoy, the Lands Tenements and Hereditaments, with their appurtenances, so to them or any of them to be granted demised or letten, according to the effect and true meaning of his and their said Leases and Grants. And that the said C. D. &c. their Heirs, and every other person and persons, and his and their Heirs shall be then seised of such of the Premisses as shall be so demised or granted from time to time, shall stand and be seised of and in such part and parts of the Premisses, which shall fortune to be so letten demised or granted as aforesaid is mentioned: And the conveyance and assurance so to be made as is aforesaid, shall be, and be taken to be to the use and behoof of such Lessee and Lessees, Grantee and Grantees, their Executors Administrators and Assigns, for and during such Terms and Interests as shall be so had or made; to any such person and persons by the said A. B. according to the true intent and meaning of these present Indentures, &c.
A Proviso to grant any part of the Lands for Wives Joynture, preferment of Children, or Leases for years, or lives.
PRovided alwaies &c. That it shall and may be lawfull to and for the said A. B. at all times, & from time to time during his life, as well to grant convey and assure the Premisses, and every or any part or parcel therof, to any person or persons whatsoever, to and for the Joynture and Joyntures of any lawfull wife or wives of the said A. B. or to or for the preferment and advancement of any Son or Sons, Daughter or Daughters of the said A. B. for and during such Estate and Estates Term and Terms, and in such manner and form, as shall seem good to the said A. B. And also to grant lease and demise the Premisses, and every or any part therof, to any person or persons whatsoever, for life or lives, year or years, or otherwise: And that the said Recovery shal be, and the Recoverers and their Heirs, and the Survivors and Survivor of them and their Heirs, shall stand and be seised, of and in so much of the Premisses, as shall be so granted conveyed assured leased or demised by the said A. B. to such uses intents and purposes, and for and during such Estate and Estates, and under such Conditions Limitations and Determinations, as the same shall be so limited declared and appointed unto by the said A. B. &c.
A Proviso for liberty to the Son and Heir to make Joyntures, grant Annuities, and assign Lands for raising Daughters Portions, and that the Son shall not impeach any Act done by the Father.
PRovided &c. That after the decease of the said A. B. it shall and may be lawfull for the said C. D. during his life, as well to convey & assure any part or parcel of the Premisses, not exceeding the ancient value of by the year, above all Charges and Reprises (the Capital Messuage &c. alwaies excepted and foreprised) to any person or persons whatsoever, for the term of the naturall life only of any the lawfull wife of the said C. D. (without any the Remainder over and dispunishable of Wast) to and for the Joynture of such his lawfull wife. And likewise to convey and assure any part or parcel of the Premisses, not exceeding the ancient Rent and value of &c. above all Charges and Reprises (except before excepted) to any of the younger Son or Sons of the said C. D. (without any Remainder over, and not dispunishable of Wast.) And also to grant assure and convey any part or [Page 598] parcel of the Premisses (except before excepted) to any person or persons whatsoever, for and during so many years as the Summs of &c. shall or may be levied raised had or taken, of the Rents Issues and Profits therof, to the use of the Daughter or Daughters of the body of the said C. D. lawfully to be begotten, to and for their preferment and advancement in Marriage: And that the said Recovery shall be, and the said Recoverers and their Heirs, and the Survivors and Survivor of them and their Heirs, and all and every other person and persons, that shall have any Estate of Free-hold or Inheritance, of in or to the Premisses, or any part therof, shall stand and be seised of and in such part and parcel of the Premisses, as shall be granted assured or conveyed by the said C. D. for such intents and purposes, and in manner and form aforesaid, to such uses and intents as the same shall be limited declared or appointed unto by the said C. D. so that his said declaration limitation and appointment therof, be according to the purport true meaning and intent of this Proviso, and not otherwise.
And so alwaies that any Joynture or Joyntures, Lease or Leases, Estate or Estates made by the said A. B. in his life time, shall not in any wise be impaired troubled or hurt, by any such Grant Conveyance or Assurance, so to be made by the said C. D. &c.
That the Heir may make all Leases, so that the same may not impair any Estate made by the Father.
PRovided &c. That it shall and may be lawfull to and for the said C. D. from time to time and at all times, from and after the death of the said A. B. to lease and demise the Premisses, and every or any part or parcell therof (except &c.) to any person or persons whatsoever, for and during such Estates only, and in such manner and form quality condition and degree, to all intents and purposes, as Tenant in Tail is enabled to do, by the Statute made in the 32. year of the Raign of the late King H. 8. and not otherwise; So alwaies as therby any Joynture or Joyntures, Lease or Leases, Estate or Estates, made or to be made by the said A: B: shall not in any wise be troubled hurt or impaired: And that from and after such Demises and Leases so to be made by the said C. D. the said recovery shall be, and that the said Recoverers and their Heirs, and the Heirs of the Survivors of them, shall stand and be seised of and in such part, and so much of the Premisses as shall be so leased or demised by the said C. D. to the use and behoof of such Lessee and Lessees, according to the form and effect of the said Lease and Leases, so long as the said Lessee and Lessees shall at [Page 599] all times well and truly pay satisfie and do, to such persons as shall for the time being have the immediate Reversion or Remainder of the Premisses to be leased and demised, all Rents Duties Payments and Services whatsoever, reserved limited or appointed to be paid or done, in or by any such Lease or Leases, & so long as any such Lessee or Lessees shall not commit or do any wilfull Wast in or upon the Premisses so to be leased or demised, and after to the uses intents in these present Indentures expressed and declared, in such manner form order and degree, as they be before expressed limited and appointed &c.
For liberty to make Leases, with some difference from the former.
PRovided neverthelesse, and the use intent and purpose of these presents, and of the said intended Fine and Fines, Conveyance and Conveyances, is, and so hereafter shall be and may be taken to be, That it shall and may be lawfull, to and for the said A. and K. at any time or times during their joynt-lives, by their Deed or Deeds, as also to and for the said K. after the death of the said A. at any time or times during her life, by her Deed or Deeds, to demise lease or limit the use of such the Tenements or Hereditaments, parcel of the said Premisses, which within the space of 7. years now last past, have been usually letten or enjoyed in Farm, to or by any person or persons: To have and to hold for and during the term of three lives or under, in Possession and not in Reversion, or for and during the term of 21. years, or under, from the making, or from the day of the making therof in Possession, and not in Reversion.
And it is agreed, that the said intended Fine and Fines, Conveyance and Conveyances before covenanted or agreed to be hereafter had or made, shall enure and be, and shall be construed and taken severally and respectively, to make good and effectuall all and every such Lease Leases and Limitation of Uses, according to the severall Tenors therof, for and during such only time and terms, to be respectively comprised in or by such Lease Leases, or Limitations of Uses, and so that therby or therupon, the yearly Rents Boons and Services which have been usually and yearly within the space of 7. years now last past, yeilded or done for such Tenements and Hereditaments which shall so happen to be leased demised or limited in use, be reserved or agreed, on in or by such Deed or Deeds, to be and continue, during such term and terms so to be demised or limited in use as aforesaid, yearly due and payable, after the decease of the said A. and K. unto such person and persons for the time then being, as shall then be Owner or Owners of the immediate Reversion or Remainder, for the time being, of such the said [Page 500] Lands Tenements and Hereditaments so to be demised or limited in use, and so that such Lands and Tenements so to be demised or limited in use, shall and do during the continuance of such said severall Terms contain and be upon reasonable request in that behalf sufficient overt and lyable to the Distresse and Distresses of every such person and persons, for the time being, so having the immediate Reversion or Remainder of such said Lands Tenements and Hereditaments so to be demised or limited in use as aforesaid, for all and every the Arrerages of the same Rents and Services which shall happen in any wise to be unpaid &c.
A Proviso of Revocation in the same Deed.
PRovided neverthelesse, and it is agreed, that if either the said A. R. and K. his wife, at any time during their joynt-lives, or the said K: after the decease of the said A. and during her then Widowhood, she the said K. not having then concluded, o [...] or fully; determined to marry with any other person, shall or do tender or pay in the presence of three Witnesses, unto the said A. B. and C. D. or to the Survivor of them, or to any of them, or to their or any of their Heirs, the full Summ of 10 s. at the least, of good and lawfull money of England, of or with intent or purpose, to revoke make frustrate or void, all or any the uses aforesaid so limited in or by these presents, unto all or any the Son or Sons, Daughter or Daughters of the said A. and K. begotten or to be begotten, formerly in or by these presents, in any wise had or made, mentioned or specified, and shall and do therupon at any time within six months next following, after such tender or payment by their joynt Deed or Writing under their hands and Seals during their joynt-lives, or by the Deed or Writing of the said K. under hand and Seal, during such her Widowhood as aforesaid, respectively publish signifie or declare their or her intention and purpose, for the revoking making frustrate or void, all or any such the Use or Uses as aforesaid so limited in or by these presents, unto all or any the Son or Sons, Daughter or Daughters of the said A. and K. begotten or to be begotten, that then and from thenceforth all and every such Use and Uses, as shall be so signified published and declared to be intended or meant to be revoked and made frustrate. And all and every the Estate and Estates therby, or by means therof, raised had or made, shal absolutely cease be frustrate and void, as if the same Use or Uses had never been limited mentioned or agreed upon, in or by these present Indentures, or otherwise any limitation of Uses in or by these presents, or any other matter or thing whatsoever, to the contrary therof in any wise notwithstanding: In witnesse &c.
A Proviso to make void a Lease for non-payment of Covenants.
TRovided alwaies, That if it shall happen the said yearly Rent of 30 l. or any part therof to be behind and unpaid by the space of 28. daies next after any of the said Feast-daies, at which the same ought to be paid; Or that the said demised Premisses, and every part therof shall not be repaired, according to the Covenant in that behalf made: Or if the said A: B: his Executors or Administrators, do or shall let the Premisses, or any part therof, or shall Assign his whole Term, or any part thereof, with the licence of the said C. D. his Heirs or Assigns, under his and their hand and Seal; that then it shall and may be lawfull, to and for the said C: D: his Heirs And Assigns, into the demised Premisses to re-enter, and the same to have again repossess and enjoy, as in his or their former Estate, this Indenture or anything therin contained, to the contrary therof in any wise notwithstanding.
RELEASES.
A Lease for a year, wheron to ground a Release.
THis Indenture &c. between A: B: of the one part, and C: D: of the other part, witnesseth, That the said A: B for and in consideration of the summ of 5 s. of lawfull money of Eng: to him in hand paid by the said C: D: the receipt wherof he doth hereby acknowledge, hath bargained and sold, and by these presents doth bargain and sell unto the said C: D: all that Messuage &c. and the Reversion and Reversions, Remainder and Remainders, together with the Rents and Profits of the Premisses, and of every part and parcel therof, to have and to hold the said &c. and all and singular other the Premisses herein mentioned and intended to be hereby bargained and sold, with their and every of their Appurtenances, unto the said C: D: his Executors and Assigns, from the day before the date hereof, for and during the term of one whole year, from thence next ensuing, and fully to be compleat and ended, yeilding and paying therfore the yearly Rent of one Pepper Corn, at the Feast of St. Michael the Arch-angel only, if the same be demanded, to the intent that by virtue of these presents, and of the Statute, for transferring Uses into Possession, the said C. D. may be in the actuall possession of the Premisses, and be enabled to accept a Grant of the Reversion and Inheritance therof, to him and his Heirs: In witness &c.
The Release.
THis Indent. made &c: between T H. of the Parish of D, in L. Gent. and I▪ H: of the Parish of M. in the County of M. Merchant-taylor, and A: his wife I: W: in the Parish of M: Esq; and E: his wife of the one part, and K: S: of R: in the County of L: Gent. on the other part Witnesseth, That for and in consideration of the summ of &c. of lawful money of England to the said T. H. in hand paid by the said K. S. [Page 603] at and before the ensealing and delivery of these Presents, the Receit wherof he doth hereby acknowledge, and therof, and of every part and parcel therof doth clearly acquit and discharge the said K. S. his Executors and Administrators, and every of them by these presents, and of the several sums of five shillings of like mony of England to the said I. H. and I. W. in hand, paid by the said K. S. The Receit wherof they do likewise hereby acknowledge the said T. H. and the said I. H. and I. W. with the consent, and at the request and appointment of the said T. H. have granted, aliened, released and confirmed, and by these Presents do grant, alien, release and confirm unto the said K. S. in his actual possession, more being by vertue of a bargain and sale to him, therof made for one whole year by Indenture, bearing date the day before the date herof, and by force of the Statute for transferring uses into possessions. All those Closes or enclosed Pastures, Ground, commonly called or known by the name or names, &c. containing by estimation six score and eight acres, be they more or less, lying and being in N. in the County of L: now or late in the tenure or occupation of the said K. S. or his Assigns, and all and singular other the Lands, Tenements, Closes and Hereditaments whatsoever in N. aforesaid, wherof or wherein the said T. H. I. H. and I. W. or any of them have any estate of Freehold or Inheritance in Possession, Reversion. Remainder or Expectance, and all the estate, right, title, interest, reversion, claim and demand whatsoever of them the said T. H. I. H. and I. W. and every or any of them, of, in, and unto the Ptemisses, and every, or any part or parcel therof, and the Reversion and Reversions, Remainder and Remainders yearly, and other rents and profits of the Premisses, and of every part and parcel therof, to haue and to hold the said Closes, and all and singular other the Premisses herein before mentioned, and intended to be hereby granted, with the appur [...]enances unto the said K. S. and his Heirs, to the use of the said K. S. and of his Heirs and Assigns for ever.
And the said T. H. for himself his Heirs Executors and Administrators, doth Covenant and Grant, to and with the said K. S. his Heirs and Assigns, by these presents, That he the said T. H. and the said I. H. and I. W. or some or one of them now are, or one of them now is, and standeth lawfully and rightfully seised of and in the said Closes and Premisses with their appurtenances, of a good, sure, perfect, absolute and in defeasable estate in Fee-simple, and now have, or some, or one of them now hath good rightful power and lawful and absolute authority to grant and convey the said Closes and Premisses unto the said K. S. and his Heirs, according to the purport, true intent and meaning of these Presents; and that it shall and may be lawful, and to and for the said K. S. his Heirs and Assigns, from time to time, and at all times for ever hereafter peaceably and quietly to have, hold, possess [Page 604] and enjoy the said Closes, and all and singular other the Premisses herein before mentioned, and intended to be hereby granted with their appurtenances, without any lawful let, suit, trouble or interruption or him the said T. H. his Heirs or Assigns, or any other person or persons whatsoever, except as is herein after excepted, discharged of and from all incumbrances whatsoever (the Rents and Services from henceforth to grow due and payable to the Lord or Lords of the Fee or Fees of the Premisses for and in respect of his or their Seigniory, and one Lease by Indenture, bearing date &c. made of the Premisses by the said I. unto the said K. S. for the term of one and twenty years, wherupon the yearly rent of &c. is reserved, only excepted and foreprized. And the said T. H. for himself his Heirs Executors & Administrators, doth Covenant and Grant, to and with the said K. S. his Heirs and Assigns by these Presents, that it shall and may be lawful to and for the said K. S. his Heirs and Assigns from time to time, and at all times for ever hereafter peaceably and quietly to have hold and possess and enioy the said Closes and Premisses, with their appurtenances, without the lawful let, su [...]t, trouble or interruption of him the said I. H. his Heirs or Assigns, or any of them, or any other person or persons lawfully claiming or to claim, in, by, from or under him, them, or any of them, except before excepted, the like Covenant for Mr. W.) And the said T. H. I. H. and I. W. for them their Heirs Executors Administrators, do Covenant and grant to and with the said K. S. his Heirs and Assigns by these Presents, that they the said T. H. I. H. and I. W. and E. his wife, and their Heirs shall and will at any time or times hereafter during the space of seven years next ensuing the date hereof, upon the request▪ and at the cost and charges in the Law of the said K. S. his Heirs or Assigns, do make and execute, or cause or procure to be made done, executed, all and every such further and other act and acts, conveyances & assurances in the Law whatsoever. For the further and better conveying and assuring the said Closes and Premisses with their appurtenances unto the said K. S. and his Heirs, to the use of the said K. S. and of his Heirs and Assigns for ever, by it by Fine or Fines, or otherwise howsoever, as by the Councel learned in the Law of the said K. S. his Heirs or Assigns, shall be reasonably devised or required, so as such further assurance contain, no further covenant or warranty then in these Presents is contained, and so as the parties to make the same be not therby compelled or compellable to travel above 14. miles from the place or places of their usual abode for doing therof.
And the said T. H. for him and his Heirs, the said Closes and other the Premisses, with their appurtenances, unto the said K. S. and his Heirs against him the said I. H. and his Heirs, and all claiming or claim in, by, from or under him, them, or any of them hath and will warrant for ever and defend by these presents, and the said I. W. for him and his [Page 605] Heirs the Closes, and other the premisses with their appurtenances unto the said K. S. and his Heirs against him the said I. W. and his Heirs and all claiming or to claim, by, from or under him, them, or any of them, or by, from, or under I. W. Esquire deceased, late Father of the said I. W. shall and will warrant and defend for ever by these Presents &c.
A Release of Title to Land.
TO All persons to whom these presents shall come, I. C. of &c. eldest Son of I. C. late of &c. and E. his wife also deceased, sendeth greeting. Know ye J that the said I. C. for and in consideration of a competent summ of money to be paid by T. C. of &c. F. B. of &c. and S. B. of &c. have remised, released, and for ever quit-claimed, and by these presents do for me, my Heirs and Assigns, fully, clearly and absolutly demise, release, and for ever quit-claim unto the said T. C. F. B. and (in their full and peaceable possession, and seisin being) and to their Heirs and Assigns for ever, all the estate, right, title, interest, claim and demand whatsoever, which I the said I. C. now have or which I or my Heirs at any time hereafter may or ought to have, of, in, or to all that capitall Messuage and the Lands, Tenements & Heredit. therunto belonging, called &c. with the appurtenances containing &c. more or less, scituate, lying and being in &c. late in the tenure or occupation of &c. and particularly of, in, and to all that and those Close and Closes peece and peeces, parcel and parcels of Land, Medows, Pasture and Ground in &c. aforesaid, called or known by the name of &c. with the appurtenances, to have, and to hold all and singular the said Messuages, Lands, Tenements, Hereditaments and Premisses, and every part and parcel therof, with their and every of their appurt. unto the said T. C. and F B. their Heirs or Assigns for ever, so that neither the said I. C. nor my Heirs, nor any other person or persons for me or them, or in mine or their name or names, right, title or stead, shall or may by any wayes and means hereafter, have claim, challenge or demand any estate or interest [...]f in or to the same Premisses, or any part therof, but from all action, right, estate, title, interest and demand, of, in or to the Premisses, and every of them shall and will be utterly excluded and debarred for ever by these Presents.
And I the said I. C. and my Heires the said capital Messuage, Lands, Tenements, Hereditaments and Premisses, and every part and parcel thereof, with their, and every of their appurtenances, unto the said W. C. T. C. F. B. and B. S. and their Heires [Page 606] to their own proper use and uses against me and my Heirs, and all and every other person and persons lawfully claiming, by, from, or under me the said I. C. shall and will warrant, and for ever defend by these Presents. In Witness, &c.
An Acquittance upon an Indenture of Mortgage, with a Release of all Covenants in the same, and of the Mortgagees Claime in the Land mortgaged.
TO all &c. T. R. of C. in the County of C. Esquire sendeth greeting, whereby a pair of Indentures bearing Date, &c. made between the Right honorable E. F. Knight of the most noble Order &c. Lord C. &c. on the one party, and me the said T. R. on the other party, The said Lord C. hath given granted bargained and sold to me the said T. R. and to mine Heirs and Assigns for ever, all those Lordships Mannors and Parsonages of B. and all that the Mannor and parsonage of F of the County of L. with all the Rights Members and appurtenances of the same, with divers other things in the said Indentures mentioned upon and under this Condition, That if the said Lord C. his Heirs or Assigns should pay or cause to be paid to me the said T. R. mine Executors administrators or assigns the summ of 780 l. of &c. on the last day of this present moneth of Aprill, in this present yeare of our Lord God &c. at the then dwelling house of me the said T. R. set and being in the parish of Saint M. in L. within the City of L. betweene the houres &c. that then and from thenceforth the said Indenture, and the enrolment thereof, and all Covenants and Grants therein expressed, should be void and frustrate, as by the said Indenture now cancelled may appear.
Know ye that I the said T. R. on the day of the Date hereof, have had and received of the said Lord C. the said summ of 780 l. and every parcell thereof in full discharge and performance of the Condition aforesaid.
And thereupon I have as well agreed to the said Cancelling of the said Indentures, as also I do promise for and in consideration of the said summ of money so to me paid to appeare in the High Court of Chancery upon reasonable Request and at the costs and charges of the said Lord C. his Heirs or assigns there acknowledging that I am fully satisfied and paid the said 780 l. and that the Condition aforesaid to me wards is fully and truly discharged and p [...]rformed, and there also give my ful and plain consent to the cancelling and making void of the said Enrolment and Record of the said Indentures before the Master of the Rolls or such other Officer as then shall have authority to take the same knowledge.
And further I the said T. R. for the said consideration do remise and clearly release unto the said Lord C. his Heirs and Executors all Bonds Recognizances and Deeds obligatory whatsoever wherein the said Lord C. is bound to me for performance of the Covenants and Articles of he said Indenture, and also all and every the same Covenants and Articles, and all the Right Estate and Title whatsoever, which I the said T. R. mine Heirs or Assigns at any time hereafter shall or may claime of or in the premisses or any part thereof, of all and singular which premisses the said Lord C. now is fully and peaceably possessed, In Witnesse &c.
A Release in Land by one Joynt-Tenant to another.
TO all &c. R. P. of L. gen [...]. sendeth greeting in our Lord God everlasting, Know ye that I the said R. P. for good consideration me moving, have remised and released, and by these Presents for me and my Heirs do remise release and altogether for ever quite claim unto H C of L. aforesaid Gentleman in his full and peaceable possession and seisin being, and to the Heirs and Assigns of the said H. all the Estate Right Title Interest Use Possession Reversion Claim and Demand what soever which I the said R. P. ever had, have or which hereafter I or my Heirs can or may claim to have to of and in all that Messuage or Tenement lying and being in C. in the County of E. with the Appurtenances now or late in the Tenure of, &c, and one Messuage or Tenement, &c. All which and singular the premisses, our Soveraigne Lord &c. by his highness Letters Patents bearing date, &c. amongst other things, did gtant to me the said R. and to the said H. C. in Joint-Tenancy, and to our Heirs for ever, or to of or in any part or parcell of the Premisses or any of them, so that neither I the said R. P. nor my heirs, any Right Estate Title Interest Use Possession Reversion Claim and Demand to of or in the premisses or any part thereof at any time hereafter can or may claime challenge or require, but of and from all action of Right State Title Inteest and Demand thereunto, or to any part thereof to be had, I the said R. and my Heirs be altogether barred and for ever excluded by these presents, In witness &c.
A Release by one Executor to another of the Debts due to the Testator at his Decease.
THis Indenture &c. Between B. B. one of the Sons, and one of the Executors of the Testament of H. B. late Citizen and Alderman of L. deceased on the one party, and P. B. and W. B. two other of the sons and also two of the Executors of the Testament of the said H. B. on the other party, witnesseth, That the said B. B. for divers good and speciall causes, &c. Hath given assigned released confirmed and delivered up, and by these presents doth give &c. unto the said P. and W. B. all the Right Interest Title Claim and Demand which the said B. hath or which he as Executor of the Testament of the said H. B. or by virtue of any Legacy Gift Bequest or Appointment to him made by the said H. B. in or by his last Will or Testament, or by any other way or means whatsoever hereafter can or may have or claim to have or of in and to all singular Debt and Debts Summ and Sums of money whatsoever which were of the said H. B. and to him were due or owing at the time of his decease.
And the said B. B. for him, &c covenanteth &c. in manner, &c. viz. That he the said B. his Executors or Administrators, shall not at any time hereafter challenge claim receive take demand or sue for to have any of the Debt or Debts Summ or Summs of money aforesaid, either of or against the said P. and W. or either of them, their or either of their Executors or Administrators, or of or against any person or persons which doth owe or detain the said Debt or Debts Summ or Summs of money aforesaid or any of them. And also that he the said B. B. heretofore hath not discharged or released, or at any time hereafter shall not discharge or release any Debt or Debts aforesaid or any part or parcell of the same Debt or Debts, or any Suit Judgment or Execution to be given or had for the same or any part thereof, unlesse it be at the speciall Request and by the consent and agreement of the said P. and W. or of the Survivor of them first thereunto had, In witness, &c.
Of Title to Lands:
TO all Christian people to whom these presents shall come, R. B: of C. in the County of D. Gentleman, greeting, Know ye that I the said R. B. as well in part of performance of certain Covenants and [Page 609] Agreements contained specified and declared in certaine Indentures bearing date the 20th day of June last p [...]st, made between me the said R. B. of the one part, and G. H. of I. in the County of S. Gentleman of the other part, as [...]or divers other good just and reasonable causes and considerations me thereunto especially moving, have remised released and altogether of and for me and my Heirs for ever, quite claymed unto the said G. H. in his full and peaceable possession, and seisin being, and to his Heirs and Assigns for ever, all my Right State Title Claime Use Possession Reversion Interest and Demand whatsoever, which I ever had have, or by any means whatsoever herafter may have and which my heirs hereafter may have of and in all that the Mannor of C. in the County of Y. and of and in all and singular Messuages Cottages Houses Edifices Buildings Dove-houses Orchards Gardens Tofts Crofts Lands Tenements Meadows Feedings Pastures Mills Woods Underwoods arrable Lands Common of Pasture Rents Reversions Moores Mosses Mynes Quarries Waters Pooles Fishings Courts Leets Profits of Courts Waifes Estraies Franchises Liberties Ptofits Commodities and Hereditaments whatsoever, with all and singular their Appurtenances in C. aforesaid to the said Mannor in any wise belonging or appertaining, or hertofore accepted reputed taken known used occupyed or demised with the appurtenances or any part or parcell thereof, and also of and in the Reversion and Reversions of all and singular the premisses whatsoever, and of every part and parcell thereof, so that neither I the said R. B. nor my Heirs, nor any other person or persons for us or in our names, any Right State Title Claim Use Interest Dower, Title of Dower or Demand, of and in the aforesaid Mannor Messuages Lands Tenements Meadows Feedings Pastures and Hereditaments and other the Premisses with all and singular their Appurtenances or any part or parcell thereof, may from henceforth require claim or challenge the same, but from all action of Right State Title Claim Use Possession Reversion Dower Title of Dower Interest or Demand, to have or seek, shall be for ever excluded and debarred, by these presents. And I the said R. B. and my Heirs, all and singular the Premisses before expressed and specified, with all and singular the appurtentnces to the said A. B. his Heirs and Assigns against me and my Heirs will warrant and for ever defend by these presents, In witness whereof, &c.
Ʋpon a Mortgage.
TO all Christian people to whom this present Writing shall come, I T. H. Citizen and Grocer of L. send greeting, Know ye that I the said T. H. have received and had this present day of the Date hereof, of W. L. of F. in the County of E. Gentleman, the full summ of 100 l. of lawfull money of England, due to mee for the Redemption those two Tenements with their appurtenances set lying and being in S. in the Parish of Saint B. within the City of L. and of all other the Lands Tenements and Hereditaments of the said W. L. which he lately mortgaged unto me for the said Summ, and which said summ of 100 l. I have received and had of the said W. L. according to the Condition limited, and made for the redeeming of the Premisses, and I do confesse that by the payment of the said summ, all my Interest Right and Title of in and to the said Tenements and other the premisses, is clearly and absolutely extinguished, and that the said W. L. is thereof seised to the use of him and his Heires, as in his former Estate.
Know ye therefore further, That I the said T. H. have remised released, and by these presents, for me and my Heirs, do remise release and quite claim unto the said W. L. in his full and peaceable possession and Seisin being, and to his Heirs for ever, all my Right Estate Title Claim Use Possession Reversion Remainder and Demand whatsoever, which I ever had now have or hereafter may have, or which my Heirs shall or may have of in or to the said two Tenements and other the Premisses, or of in or to any part or parcell thereof, to have and to hold the said two Tenements and all other the Premisses with the Appurtenances unto the said W. L. his Heirs and Assigns for ever with a Warranty as in the last precedent.
From a man to his Ward.
TO all to whom &c. R. H. of M. in the County &c. sends greeting, Whereas the Queens most excellent Majesty that now is, by her Graces Letters Patents under the great Seal of England bearing date at Westminster, &c. hath granted to me the said R. H. the custody of the Body and Marriage of T. B. Son and Heir of F. B. Esquire deceased Know yee that I the said R. H in consideration of a certain Summ of money, and for other good causes and considerations me thereunto moving, do by these Presents remise and release all Actions Suits Forfeitures Penalties and Executions and Demands whatsoever which I [Page 611] the said R: H: have or may have against the said T: B: his Heirs and Executors▪ by virtue of the said Grant to me made of the said Wardship and Marriage, or by reason that he the said T: B: hath married himself without my consent, so that the said R: H: my Heirs Executors or Administrators, shall not at any time hereafter sue trouble or impeach the said T. B: his Executors or Administrators, for or concerning the said Marriage, for for or concerning any other matter or thing touching the said Wardship: In witnesse wherof &c.
A release of Errors.
TO all to whom these presents shall come T: C: sendeth greeting, Know yee that I the said T: C: for divers good causes and considerations, me therunto moving, have remised released, and for me, my Heirs Executors and Administrators, for ever quit claimed, and by these presents, do remise release, and for ever quit-claim unto R. C. his Heirs Executors and Administrators, all Actions and Writs of Error and Errors, and all Errors whatsoever, which I the said T: C: o [...] my Heirs might have or prosecute against the said R: C: his Heirs Executors or Administrators: In witness, &c.
Another Release by Executors.
KNow all men by these presents, That we I: H: of J. in the County of S. Yeoman, and T: H: of &c. Yeoman, Executors of the last Will and Testament of H: H: &c: deceased, Have remised released, and for ever quit-claimed unto R: H: of &c. Yeoman, his Heirs Executors and Administrators, all and all manner of Actions, Plaints, Writs, Suits &c. that shall or may arise accrew happen or grow in any wise hereafter, by collour or means of any Obligation with Condition subsequent or indorsed, Bill Obligatory, or single Bill, or other specialty whatsoever, heretofore made by him the said R: H: upon any Contract, Covenant, Conclusion, and Agreement in any wise, between them the said R: H: and H: H. And also know, that neither we the said I: H: or T: H: our Heirs Executors or Administrators, nor any of us, shall or will commence or cause to be commenced, any manner of Action or Suit against the said R: H: his Heirs Executors or Administrators, or any of them, for touching or concerning any Debt, Duty, or Demand due by specialty or otherwise, unto him the said H: H: deceased: And if heretofore we have made and delivered any Letter of Attorney, or [Page 612] other Writing to any person or persons, to sue arrest or implead &c. the said R: H: we do hereby fully wholly and absolutely retract abrogate and disannull the same, as if no such Letter of Attorney or other Writing had been made. And lastly, we the said J: H: and T: H: do further covenant promise and agree, to and with the said R: H: by these presents, That if any person or persons whatsoever, shall notwithstanding this Release and Revocation, commence any Suit in any Court against the said R: H: his Heirs Executors or Administrators, upon any such specialty, by force or collour of the said Letter of Attorney, that we the said J: H: and T: H: will not only in Court immediatly make a Retraxit and discontinuance of the said Suit, so much as in our power consisteth, but will also make any other or further release to this effect, upon reasonable request unto us made, and at his costs and charges &c.
Of a Joynture and Dower.
KNow all men by these presents, That I Dame D: W: Widow Executrix and late Wife to Sir G: W: Knight, in consideration that the said Sir P: W: brother of the said Sir G: W: standeth bounden to pay yearly the summ of 300 l: to me during my life, and for divers other good and just considerations, me especially moving, have remised and released, and by these presents for me, my Executors and Administrators, do remise and release unto the said Sir P: W: one Recognizance, wherby the said Sir P: W: then Esquire, became bound unto the said Sir G: W: in the summ of 5000 l. And all Actions, Suits, Executions, and Demands by reason therof, or of any other matter, thing, or cause, had, made or done unto the said Sir G: W.
Know yee further, that I the said Dame D: for the considerations aforesaid, have granted, surrendred, released, and confirmed, and by these presents do grant, surrender release, and confirm unto the said Sir P: W: and his Heirs, my Joynture and Dower, and all my Right and Title of Joynture and Dower▪ and all the Estate, Right, Use, Possession, Interest, and Demand whatsoever, which I the said Dame D: W: had, have, may, or ought to have, in or to all and singular Mannors Lands Tenements and He [...]editaments whatsoever, in the severall Counties of N. and L. or elsewere, within the Realm of England, which were the Mannors and Lands of Sir N. W. Knight, Father of the said Sir G. and Sir P. by virtue or means of any Award, Feoffment, Testament, Deed, Writing, or any other way whatsoever: To have and to hold all and singular the said Mannors Lands Tenements and Hereditaments, and all other the Premisses, unto the said Sir P. W. his Heirs and Assigns for ever, [Page 613] free and cleerly discharged, of and from all former Estates, Charges, and Incumbrances whatsoever, had, made, or done by me the said Dame D. W. or any other person or persons whatsoever, lawfully claiming by, from, or under me: In witness &c.
Of Lands and Actions.
KNow all men by these presents, That I W. L. of M. in the County of N. Gent. for divers good causes and considerations, me therunto moving, have granted remised released, and for ever quit-claimed, and by these presents for me, my Heirs Executors and Administrators, do grant remise release, and for ever quit-claim unto R. L. Widow, the late wife of T: L: late of M. aforesaid Esquire, all and all manner of Actions, as well reall as personall, Suits Quarrels Debts Trespasses Complaints and debates whatsoever, which I the said W. L. my Heirs Executors or Administrators, or any of us heretofore had, or at any time hereafter, may, might, ought, or could have against the said G. L. her Executors or Administrators; or any of them, for or by reason of any matter thing or cause whatsoever, from the beginning of the World, untill the day of the date of these presents.
And also all the Estate Right Title Interest Term and Demand whatsoever, which I the said W. L. my Heirs Executors Administrators or Assigns, or any of us now have, or at any time hereafter may, can, might, should, ought, or could in any sort, have, pretend, claim, or challenge to have, of in or to one capital Messuage or Tenement, with the Appurtenances, commonly called or known by the name of the Vine, scituate lying and being in M. aforesaid, and of in and to all or any the Houses, Edifices, Buildings, Lands, Tenements, and Hereditaments whatsoever, to the said Capitall Messuage or Tenement belonging or in any wise appertaining, or of in or to any part or parcel therof▪ by force of any Lease parcel or otherwise: In witness &c.
For receipt of Writings.
KNow all men by these presents, That I A. B. of L. Gent. have had and received the day of the date of these presents, of C: D: of M. in the County of D. Yeoman, all those severall Deeds Charters Evidences Writings and Mynuments, which be particularly specified and mentioned [Page 614] in a Schedule or Inventory, to these presents annexed, being parts and parcels of those Deeds Evidences Charters Writings Mynuments and Copies which he the said C. by his Indenture of Bargain and Sale, bearing date with these presents, hath covenanted and agreed to deliver or cause to be delivered to me the said A: B: on this side the last day of November, now next coming, as by the said Indenture, amongst divers other Covenants Grants and Articles therin contained, more plainly at large may appear.
Of which said severall Deeds Charters Evidences Writings and Mynuments, and every parcel therof in the said Schedule particularly specified and mentioned. I do cleerly and absolutely acquit and discharge the said C: D: his Heirs Executors and Administrators by these presents, sealed with my Seal, given the day &c.
An Acquittance made by an Attorney.
KNow all men by these presents; That I E. F. by virtue and authority of one Writing or Letter of Attorney made unto me by G: H: of London, Gent. have received the day of the date hereof, of T. L. of B. in the County of M. Yeoman, the summ of 40 s. for payment wherof the said T: L. stood bound to the said G: H: by his Bill Obligatory, of which summ of 40 s. so by me received, I acknowledge my self in the name of the said G: H: to be truly and fully satisfied and paid, and therof and of every part and parcel therof, do clearly acquit and discharge the said T. L. his Heirs Executors and Administrators, and every of them by these presents: In witness &c.
Another release of Errors.
BE it known unto all men by these presents, That I W: F: of W: in the County of S. Esquire, for divers good causes and considerations me therunto moving, have remised released, and for ever quit-claimed, and by these presents for me, my Executors and Administrators, do remise release, and for ever quit-claim unto J: S: of N: in the said County Gent. all and all manner of Error and Errors, Actions Suites, Proces and Writs of Error whatsoever, which I the said W. F. my Executors or Administrators, or any of us heretofore had, now have, or at any time or times hereafter, may, can, might, should, or ought to have, commence, prosecute, or pursue against the said I. S. his Executors or Administrators, for touching or concerning, or upon or by reason of any Judgment or Judgments whatsoever, by or in the behalf of [Page 615] him the said I: S: at any time heretofore had prosecuted or obtained in any of the Kings Majesties Courts whatsoever, against the said W F. in any wise, or against any other person or persons, which were or are in any sort bound for or with the said W. F. for any matter thing or cause whatsoever, from the beginning of the World untill the day of the date hereof: In witness &c.
A Release of Errors in a Fine.
THis Indenture made the 10th. day of May, An: Dom: 1650. between R. D. of S. in the County of N. Gent. on the one party, and L. D. Son and Heir apparant of the said R. J. S. Esquire, Son and Heir apparant of Sir T: S: Knight, and R: H: of N. in the County of C: Esq; witnesseth, That the said R. D. for divers and sundry good causes and considerations him therunto moving, and especially for and in consideration of a Marriage already had and solemnized between the said R. D. and E. the now wife of the said R. and Mother of the said L: D: hath remised released and quit-claimed, and by these presents, doth for him and his Heirs quit claim, as well unto the said L. D & his Heirs, as unto the said J: S. and R. H. their and every of their Heirs, all and all manner of Errors Actions and Writs of Errors, Judgments of Errors Executions Rights and Demands whatsoever, wherunto the said R: D. now is, or he or his Heirs hereafter shall be in any wise intituled unto by or upon, or by reason means or occasion of any Fine or Fines heretofore levied, sithence the beginning of his Highnesse Raign that now is, unto the said T. S. and R. H. or to either of them, and unto any person or persons joyntly or severally, or by reason of any Error or Errors whatsoever, therin or therabouts had committed made or suffered; so tha the the said R. D. and his Heirs, shall be therof for ever by these presents excluded and barred: In witness wherof &c.
A generall Release touching Evidences and Writings.
BE it known unto all me by these presents, That I R. D. of E. in the County of W: Esquire, have had and rec [...]ived the day of the date hereof, of A: G: Widow, Executrix of the last Will and Testamnnt of T: G: of B: in the said County Gent. and J. G: Gent. Son and Heir of the s [...]id T: G: one ancient Chest plated with Iron bars, containing all and every such Boxes and parcels of Evidences Mynuments Escripts Court-Rolls Terrars Charters and Writings, concerning the [Page 616] Lands Possessions and Inheritance of A: B: late of C: in the County of D: Esquire, deceased, and now the Lands and Inheritance of me the said R: D. as delivered and referred by the Right Honourable T: late Earl of N: deceased, to the Custody and safe keeping of the said T: G: and remaining or left upon the death of the said T: G: in the custody or possession of the said A: G: and J. or either of them. Of all which said Chest and Boxes, and all other the parceis of Evidences Mynuments Escripts Charters Court-Rolls Terrars and Writings aforesaid, and of all and every Action Challenge Suit and Demand whatsoever, touching the custody detaining safe keeping or delivery of the Chest Boxes and the said Mynuments Escripts Charters and Writings, and every of them, I the said R. D: for me, my Heirs Executors and Administrators, do acquit exonerate and discharge the said A: G: and J: G: their Heirs Executors and Administrators, and the Heirs Executors and Administrators of them and either of them, by these presents: In witness wheref &c.
A generall Release by Executors.
To all Christian people, to whom this present writing shall come, A: W: of B: in the County of D: widow, and E: W: of B: in the said County, Yeoman, Executors of the last Will and Testament of J: W. deceased, send greeting; Know yee, that we the said A: W. and E: W. and either of us, for divers good causes and considerations, us and either of us moving, have remised released and quit-claimed, and by these presents, of and from us and either of us, our and either of our Heirs Executors and Administrators, and every of us do remise release and quit-claim unto R. S. of S. in the County of L. Gent. all and all manner of Actions Suits Quarrels Debts Duties Errors Actions Writ and Writs of Errors and Demands whatsoever, which we or either of us heretofore had, now have, or hereafter shall may can might or ought to have against the said R. S. his Heirs Executors or Administrators, or any of them, for or by reason of any Action Suit or Judgment heretofore had prosecuted or obtained, by or in the behalf of the said R. S. against us the said A. & J. or either of us in his Majesties Court of Common Pleas, foror concerning &c. for any matter cause or thing, from the beginning of the World, untill the day of the date of these presents; In witness wherof &c.
Of Tithe, Lead-Oare.
TO all to whom these presents shall come, J: L: of N: in the County of N: Esquire, J: I: of &c. Gent. and F: his wi [...]e, Sister of the said J. L. sendeth greeting; Wheras Sir F: L: Knight, did by Indenture or other sufficient assurance, demise and grant unto the said J: L: and F: his Sister, all that his Tithe Lead-Oare, within the high Peak, or elsewhere, within the County of D. with all and singular Commodities and Profits therof, or therunto belonging or appertaining, in what kind or order soever it was paid, with the Appurtenances therunto belonging, in such manner and sort, as G: H: his Assignee or Assignees then occupyed the same Tithe Lead-Oare, for the term of 21. years, from the day of the Feast of Pentecost, next ensuing the date of the said Indenture or Conveyance, as by the same more fully appeareth.
And wheras the said J: L: and F: Sister of the said I: before the Marriage between her and I: I: have heretofore made a Grant and an Assignment in Writing to G: E: &c. for the conveyance and assurance of the said Tithe Lead-Oare, with the appurtenances, and all and singular Commodities and Profits therunto belonging, for all the term of years which they had or claimed in or to the same, and of all their and either of their Estates Title or Interest therin, by virtue of the Lease aforesaid.
Now the said J: L: I: I: and F: his wife, for the further assurance of the said Oare to the said E: Have granted confirmed remised and released, and by these presents do grant confirm and release unto the said E: of S: his Executors and Assigns, all the said Tithe Lead-Oare, and all and every their and every of their Estate Right Title Interest Claim and Demand whatsoever, which they the said J: L: I▪ I: and F: his wife, or any of them have had or may claim and demand, of in or to the same, by virtue of the Lease aforesaid; To have and to hold the same to the said E. and his Assigns, for and during so many of the said 21. years as yet remain unexpired, and during all such term and interest, and in as ample manner and form as they the said I▪ I. and F. his wife, or any of them ought to have and hold the same, by virtue of the said Lease: In witness &c.
A Release with Warranty.
TO All to whom these Presents shall come, T. F. of G. in the County of H. sendeth greeting. Wheras G. F. of L. in the said County Gent. had and purchased of me the said T. F. one Messuage or Tenement, scituate lying and being in B. in the said County, and also all Lands, Meadowes, Feedings and Pastures, Woods, Under-Woods and Trees of in and on the Premisses, growing and being; and the Land, Ground and Soile where the said Woods, Under-Woods and Trees do grow, and the Reversion and Reversions whatsoever, of all and singular the Premisses, and the yearly Rents and Profits reserved upon certain demisses and grants of the Premises any way made, and to the late dissolved Monastery of B. aforesaid, in the County aforesaid belonging and appertaining, and part of the Possessions therof being, to have and to hold to the said G. F. his Heirs and Assigns for ever, as by the foresaid Deed of Feoffment by me to the said G. F. made, bearing date &c. more at large appeareth.
Now know ye, That I the said T. F. to have Remised, Released, and for me, and mine Heirs for ever, quite-claimed unto the said G. F. his Heirs and Assigns, all my right, title, interest, claim and demand which I ever had, now have, or by any wayes or means hereafter may have, of and in the foresaid Messuage or Tenement and Premisses, or any part and parcel therof, with the appurtenances, So that neither I the said T. F. nor my Heirs, nor any other by us, or in our names, any right, title, interest or claim in the foresaid Messuage or Tenement, or any of the Premisses, nor in any part or parcel thereof, from henceforth may require, claim or challenge, but from all Action of Right, Title, Interest or Claim, may all be utterly barred and excluded by these Presents.
And I the said T. F. and my Heirs, the said Messuage or Tenement, and all and singular the Premisses, and every part and parcel therof, to the said G. F. his Heirs and Assigns, against me the said T. F. and my Heirs will Warrant, and for ever by these Presents defend. In Witness, &c.
By a Substitute to an Attorney.
TO All, to whom these Presents shall come, N. C. of &c. sendeth greeting. Wheras A. B. of L. Gent. by his Writing under his Hand, and Seale, dated &c. did give unto C. D. of M. of T. Gent. [Page 619] full power and authority as his lawful Attorney, to ask, levy, receive, and take of R. S. of W. in the County of N. Yeoman, the summ of 40 s. and wheras the said C. D. by vertue of the said Letter of Attorney, did by his Writing under his Hand and Seal, Constitute and appoint me the said N. C. his lawful Deputy and Substitute, to ask, levy receive and take to the use of the said A. B. and did give me further authority to deal for him in the Premisses, in as full and ample manner to all intents and purposes, as he the said C. D, could or might have done by vertue of the said Letter of Attorny to him made as aforesaid, as in and by the Writing made to me by the said A: B: appeareth.
Now know ye, that I the said N. C. have received the day of the date herof the said R. S. the said summ of 40 s. and therof, and of every part therof, in the name of the said A. B. do acquit and discharge the said R. S. by these Presents. In Witness, &c.
For a Legacy.
KNow all men by these Presents, That I A: B: of P: in the County of S: Yeoman, have received and had the day of the date hereof, of G. T. Executor of the last Will and Testament of L. M. the summ of 50 l. of lawful money of England, in ful payment and satisfaction of 50 l. given and bequeathed by the said L. M. unto me the said A: B: by the said Will of the said L: M: which said summ of 50 l. I acknowledge to have received in full satisfaction of all Bequests and Legacies to me given by the said Will; and therof, and of every part therof, do acquit and discharge the said G. T. his Executors and Administrators by these Presents. In witness: &c.
For a Debt.
KNow all men by these Presents, That I A: B: of &c. have received and had the day of the date hereofof I: L: of &c. Gent. the summ of 20 l. in part of payment of a greater summ due unto me specified and contained in a certaing Writing Obligatory, wherein the said I. L. standeth bounden with others, unto me the said A: B. for payment of 40 s. due and payable unto me, on the 10th. day of May last past, of which said summ of 20 s. I do acknowledge the Receit, and therof, and of every part do clearly acquit and discharge the said I. L. his Heirs Executors Administrators by these Presents. In Witness, &c.
A Release made by mediatian of Friends to certain Lands, and to certain rent.
THis Indenture made, &c. Between &c. Witnesseth, That wheras Suit, variance and disagreement, hath been heretofore had and made between the said parties to these Presents, of, for and concerning the right, title, interest and inheritance of certain Lands. Tenements and Hereditaments, lying and being in W. in the County of N. late in the Possession or Occupation of &c. and which they the said A: B. and C: D: did challenge and claim to be their several Inheritance, and to have been held and occupied under the Rent of &c. and which the said I: S: claimed to be his several and sole Inheritance and alledged them the said A. B. and C: D: and those whose estate they have only to have received the summ of &c. as a dry Rent out of the said Premisses, which said matters of variance controversie and debate, were, and are by the mediation of &c. Friends indifferently chosen, by all the said parties ended and determined. And all the said parties mutually agreed of, for, and concerning all the said Causes, Matters and Greevances, and although it seemed to the said &c. the Mediators that the said I. S. had good Title to the said Messuage and whole Tenement and that there was only due to the said A: B: and C: D: a Rent of &c. yearly; yet notwithstanding for the cleer extinguishing of the said pretended interest of the said A: B: and C: D: as well in and to the said Tenement, as also in and to the said Rent of &c. And for the continuance of quietness and friendship between the said parties according to the mediation of the said &c. It is covenanted, granted, concluded and agreed by and between the said parties, and every of them in manner and form following.
And first the said A. B. and C. D. for them their Heirs Executors and Administrators, do remise and release unto the said J. S. being in his lawfull and peaceable possession of the said Messuage and Premisses all their and either of their Right and Interest of in and to the said Rent Messuage and Tenement, and do covenant grant conclude condescend and fully agree to and with the said J. S. his Heirs Executors and Administrators and to and with every of them by these presents, That he the said J. S. his Heirs and Assigns and every of them shall and may at all and every time and times hereafter lawfully peaceable and quietly have hold occupy and enjoy a [...] their and every of their sol [...] and proper Inheritance of all such Lands Tenements and Hereditaments lying in W. free and cleerly discharged of all Rents issuing out of the same payato them or either of them.
And further also, that all the said Lands Tenements and Hereditaments, [Page 621] and the Right Title and Inheritance of the same and every part and parcell thereof, is and shall be adjudged construed and taken to be in the said J. S. and his Heirs for ever, as their sole and proper Inheritance without any further claim thereof or therein to be made by the said A. B. and C. D. or either of them in any wise.
And further, That all the said Lands Tenements and Hereditaments lying in &c. the day of the date hereof are, and so shal from time to time and at all times hereafter remain continue and be unto the said J. S. his Heirs and Assigns for ever, free and clearly acquitted exonerated and discharged or otherwise sufficiently from time to time hereafter acquitted or demnified and saved harmless of and from all and all manner of former or other bargains sales, &c.
And lastly for the further and full extinguishment, as wel of the said yearly Rent of &c, as also of all the pretended Interest of them the said B. and C. D. of in and to the same, they the said A. B. and C. D. for themselves their heirs and Assigns do further covenant grant conclude and agree to and with the said J. S. his Heirs and Assigns, and to and with every of them by these presents, That they the said A: B. and C. D. their Heirs and Assigns and every of them, shall and will from time to time and at all times hereafter by the space of three years upon reasonable Request of the said J. S. his Heirs or Assigns to them to be made, and at and upon his only proper costs and charges in the Law and otherwise knowledge and levy a Fine sur Release of the said Messuage Lands Tenements and Hereditaments before specified unto him the said J: S: and his Heirs, and for the full explanation of the true intent and meaning of the levying of the said Fine as aforesaid.
It is further declared by them the said A: B: and C: D: and likewise covenanted and agreed by and between all the said parties to these Presents, That the said Fine so before covenanted to be levied unto the said J. S: as aforesaid shall extend to all the said Messuage Lands Tenements and Hereditaments lying in aforesaid, and to all Rents issuing out of the same, and to no other Lands or Tenements, and that the same shall be for the establishing of the same to the said J: S: his Heirs and assigns for ever, and to no other use intent or purpose whatsoever.
A Release by him that suffered a Recovery in Land to the Recoverer after the Recovery passed.
TO all &c. T. M. &c. sendeth greeting, where I the said T. in the Term of Saint Michaell last past, have sued a Writ of Entry Sur disseisin in le post, out of the Queens Majesties Court of Chancery returnable before her Justices in her Court of common pleas at Westminster, against N. M. of &c. by the name of N. M. of the moyety of one Messuage, &c. in C. in the County aforesaid, In which Action the said N. in the same Court did vouch to warranty E. P. N. P. who appearing in their proper persons, did vouch over T. H. the common vouch according to the course of common Recoveries had, who afterwards made Default, and thereupon Judgment given and Execution thereof had and executed accordingly as doth appeare in the 553 Roll of the common pleas in the said Court, in the said Term of Saint Michall enrolled; which Recovery so had and executed, was to the only use of the said N M. and the Heirs of the same N. Know ye that that I the said T. have remised released and quit-claimed for and from me mine Heirs and Assigns for ever, do remise release and quite claim unto the said N. M. in his full and peceable possession and Seisin being and to the Heirs and Assigns of the same N. for ever all the Right Title Claim Interest and Demand whatsoever, I had now have or here-hereafter may have of and in the said Premisses, and in every part thereof.
And further I the said T. all the said premisses with the appurtenances unto the said N. M. and to the Heirs of the said N. against the said T. and mine heirs only shall warrant and defend for ever by these presents, In Witnesse &c. dated the sixth day of November Anno R. R. Eliz. 8.
REVOCATIONS.
Of Ʋses in former Indentures mentioned according to the power thereby given.
THis Indenture, made &c. Between E: S: of S. in the County of L: Esquire of the one part, and R, H. T. T. J. B. and H: H: of the other part witnesseth, That whereas the said E: S: did heretofore by his Indenture bearing date &c: made betwixt him the said E: S: of the one part, and J: O: of O: in the said County of L Esquire of the other part, do covenant grant and agree to and with the said J: O: his Executors and Administrators That he the said E: his Heirs in such manner and form as in and by the said recited or mentioned indentures is covenanted and agreed, should and would convey & assure or cause to be conveyed & assured unto the Right honourable H: Earl of D: sithence deceased, and to the said R: H: T: T: &c: and their Heirs and to the Survivor of them and his heirs, all and singular Mannors of S: B: and S: in the said County of L: and also all and singular Suits Seigniories Services Franchises Priviledges Court-Leetss Perquisites of Courts and Leets view of Frank pledge & that to view of Frankpledge appertaineth, and all appurtenances emoluments and hereditaments whatsoever unto the said Mannors and Lordships or unto any of them belonging and appertaining, and also all and singular his Mannors, Messuages, Lands, Tenements, and Hereditaments whatsoever, within the severall Townes Townsh [...]p. Feilds Hamlets precincts and territories of S: H A and O and elsewhere in the County of L: to the severall uses intents and purposes agreements limitations liberties provisoes and conditions in the said mentioned or recited Indenture mentioned expressed and declared and to no other use intent or purpose in any wise.
The particulars of which said uses doth more plainly appear in and by the said mentioned ot recited Indenture, Relation thereunto being had or made.
In which said recited or mentioned Indenture of the 35 year of her Highness Raign there is nevertheles contained and comprised one Proviso or Clause to the Tenor or Effect hereafter following, That is to say, Provided nevertheless &c. (reciting the Proviso of Revocation Verbatim.)
Now therefore it is agreed by and betwixt the parties to these Presents, and the said E: S. according to the Tenor Power or Liberty of the said Proviso being fully minded determined and resolved to alter and determine the Estate and Estates limited in use, in o [...] by the said mentioned Indenture of the 35th. year of her highness Raign, unto T S. of B. and the heirs males of his body, and also the Estate and Estates limited in use in or by the said recited Indentures unto J. S. for term of his life without impeachment of wast, and after his decease, then to E: S: Son of the said I. and the Heirs males of his body lawfully begotten, doth by these presents and by force and according to the said Proviso before recited, or the power or Liberty thereof, revoke repeal Revocation. and determine all and every the said Estate and Estates in any wise limited in use in or by the said recited or mentioned Indentures unto the said T. S: of B. and the Heirs males of his body lawfully begootten and also all & every the estate & estates in or by the said Indentures limited in use unto the said J. S. for term of his life & all and every the Estate and Estates in or by the said recited or mentioned Indentures limited in use unto the said E: S: Son of the said I: and the Heirs Males of his body lawfully begotten of in for and concerning all and every the Mannors Lands Tenements and Hereditaments with their and every of their appurtenances in any wise comprised contained or specified in or by the said mentioned or recited Indentures.
And likewise the said E. S: doth hereby limit publish and declare Declaration of uses. according to the Tenor of the said recited Proviso, and the power and liberty thereof, that all and every the Estates in any wise manner and form limited in use in or by the said mentioned Indenture of the 35th year of her Majesties Raign unto the said T. S. & the heirs males of his body lawfully begotten, as also all & every the estate & estates in any manner or form limited in use in or by the said mentioned Indenture unto the said J: S. for term of his life without impeachment of Wast, and all and every the Estate and Estates in any wise manner or form limited in use in or by the last mentioned Indentures unto the said E. S. Son of the said J: and the Heirs males of his body lawfully begotten, shall from henceforth of in for and concerning all and every the Mannors Lands Tenements and Hereditaments with their appurtenances in any wise comprised contained or specified in the said recited Indentute of the 35th, year of her Highness Raign, shall cease determine, be frustrate void and no further effect or continuance in the Law. Any the limitation of use or uses in the said mentioned Indentures or any other matter or thing what soever to the contrary hereof in any wise notwithstanding,
And that all and singular the said Mannors Lands Tenements and Hereditaments aforesaid with their and every of their Appurtenances and the only use thereof, shall from henceforth remain continue and [Page 625] be unto the said E: S: party to these presents. and his heirs for ever, and not in any sort manner or form unto the said T. S, and the heirs males of his body, nor to the said J: S: for term of his life, nor to the said E: S: Son of the said I. and the heirs males of his body lawfully begotten, nor to their or any of their Assignee or Assigns, In witness, &c.
A Declaration of uses upon the Revocation above written.
TO all to whom these presents shall come, E. S: of S: in the County of L: Esquire sendeth greeting, Know ye that I the said E: S: (having before the making hereof) revoked reduced & revested the Estate of Inheritance of all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with the appurtenances scituate, &c. in and unto me the said E. S. and my Heirs, for divers good causes and considerations me thereunto moving, hath given granted and confirmed, and by these presents, do give grant and confirm unto A. B. of &c. and R. L. of &c. all and singular my Mannors Messuages Lands Tenements and Hereditaments whatsoever with the Appurtenances, To have and to hold the said Mannors, &c. unto the said A. B. and R. L. their Heirs and Assigns to the severall uses behoofs Intents and purposes hereafter in these presents specified, and to none other use intent or purpose whatsoever, That is to say. To the only sole and proper use and behoof of me the said E. S. and my Heirs and Assigns for ever, In witness &c.
Another Deed of Revocation.
TO all &c. A. B. of &c. greeting, Know ye that I the said A. B. am fully minded disposed and determined to revoke annull determine & make void all & every the uses limitations & intents named limited assigned or appointed in and by the above mentioned or recited Indentures of in or to any Mannors Messuages Lands Tenements and Hereditaments in the said county of S. with their appurtenances in the said Indenture, specified to any Person or persons whatsoever, and by this my Writing under my Seale, and signed with my own hand in [Page 626] the presence of A. B. C. D. and E. F. three lawfull and credible Witnesses, do declare publish limit pronounce and appoint, That all and singular the said uses declared appointed mentioned and limited to G. H. &c. and all and every Use and Uses mentioned limited or appointed to any person or persons in and by the said recited Indenture, of in or to, the said Mannors Lands Tenements and Hereditaments in the said County of S. or of in or to any part or parcell therof, shall be void determined revoked and of none effect.
And I the said A. B. determin and revoke by these Presents, all and every the uses aforesaid, of for or concerning the said Mannors, Lands, Tenements, and Hereditaments in the said County any thing in the said Indentures contained, or any Act or Acts Thing or things whatsoever, had made or suffered to be done by me heretofore to the contrary in any wise notwithstanding &c. In Witnesse &c.
A Clause of Revocation.
PRovided alwaies and upon Condition, That if the said A. B. shall at any time hereafter during his naturall life, tender or pay unto the above named C. D. or to any person or to any persons to his use the summ of 6 d. of lawfull English money with intent or purpose to frustrate and make void this present Deed, and the Estate and Estates thereby conveyed, limited raised or assured, that then and from thenceforth this present Deed, and all and every the Uses, Limitations, Estates, Grants, Articles, and Agreements therein or thereby mentioned, limited, raised, or in any sort appointed, and the Execution thereof shall be absolutely void frustrate and of none Effect in the Law, any thing herein contained, &c.
A Proviso for Revocation of part.
PRovided alwaies, and neverthelesse it is the true intent and meaning of all the said partis to these Presents, That if the said E. S. shall be minded to determin at any time during his naturall life, the Estate and Estates limited in use, in such sort as is aforesaid to the said T. S. and the Heirs males of his body lawfully begotten, and for Default of such issue to the said J. S. for term of his naturall life without impeachment of wast, and after his decease to &c. and shall also by his Deed indented at any time hereafter to be made [Page 627] between the said E. S, of the one part, and the said R. H. T. T. or the Survivor of them of the other party, or by his last Will and Testament in Writing under his hand and Seal, declare and limit the same, or such other uses as shall seem meet and convenient to the said E. S. That then and from thenceforth the said Estates and uses limited and appointed before by these presents to the said T. S. to cease and determine, and be utterly void, as though the same had never been madelimited, or appointed.
SURRENDERS.
Of Tenants for life, to the end a recovery may be had to make Lands in Fee-simple, with a Reversion of their Estates.
THis Indenture made &c. Between A. B. and C. D. &c. Tenants and Farmers unto E: S. of S. in the County of L. Esquire, of the one part, and the said E. S. of the other part; witnesseth, That the said A. B. &c. for divers and sundry good causes and considerations them therunto moving, have given granted and surrendred, and by these presents do give grant and surrender unto the said E. S. his Heirs and Assigns, all and singular their severall Estates Terms and Demands which they or any of them hath or have, of in or unto all those severall Messuages Lands and Tenements therunto belonging, or therwith or with any of them usually occupyed, as part parcell or belonging, scituate lying and being in O. and S. aforesaid, and now or late in the severall Tenures or Occupations of the said A. B. C. D. &c. their or any of their Assignee or Assignees: To have and to hold to the said E. S. and his Heirs for ever, to the use of him and his Heirs, to the intent and purpose that he may be Tenant of the Free-hold therof, so as a perfect common Recovery may be therof (among other things) had and pursued against him, to and for such uses and intents as are mentioned and expressed, in one Indenture bearing date &c.
Provided neverthelesse, and upon Condition, that if the said E. S. his Heirs or Assigns, do not well and truly without fraud or covin tender and pay unto every of them the said A. B. C. D. &c: Tenants and Farmers, parties to these presents, or to every of their Assigns, the full summ of 1000 l a peece, of good and lawfull money of England, in or upon the 20th. day of A. next coming, after the date hereof, at the now severall dwelling Houses of the said A. B: and C. D. &c. Tenants and Farmers, parties to these presents) That then and from thenceforth this present Surrender, and all and every the Estate and Estates therby, or by any means therof in any wise conveyed, shall cease and be utterly void, and of no further effect: And that then and from thenceforth the said A: B. C. D. &c. (Tenants and Farmers [Page 629] parties to these presents) and their Assigns, shall have retain and enjoy from the said E: S: his Heirs and Assigns, all and every the said Messuages Tenements and Premisses, in any wise surrendred or mentioned to be surrendred in or by these presents, as in his, or their former Estate, any thing in these presents or otherwise to the contrary notwithstanding.
And furthermore the said E. S. is contented and pleased, and by these presents doth grant and agree, to and with the said A. B. C. D. &c. and to and with every of them by these presents, and with their and every of their Assigns, that they the said A. B. C. D. &c. Tenants and Farmers, parties to these presents, shall and may have hold occupy and enjoy, the said severall Messuages Lands and Tenements, in their severall Tenures or Occupations, from the making hereof, untill the said 20th. day of August, next ensuing, upon and under his and their such severall ancient and accustomed Rents Boons Duties and Services, as were or are reserved to be due and payable, in or by virtue of his or their severall former Lease or Leases, in as large and ample manner as they might or ought to be done, at, or before the making of these presents: In witnesse &c.
Another shorter Deed of Surrender.
THis Indenture &c. Between T. H. of &c. of the one part, and R. H. of &c. of the other part; Witnesseth, That wheras T. L. Esq; hath heretofore demised to the said R. H. and his Assigns, one Burgage or Tenement, lying and being in P. with all Houses Edifices Buildings Gardens Crofts Closes Lands Tenements and Hereditaments therunto belonging, or to or with the same used or accustomed to be occupyed: To have and to hold to the said R. and his Assigns, for and during [Page 630] the term of the naturall lives of A. B. C. D. &c. And wheras sithence the making of the said Lease, the said T: L: hath granted bargained and sold the said Burgage or Tenement, and other the Premisses, unto the said T. H. and his Heirs. Now to the end that the said T: H. may have therof and of every part therof, for his further assurance a good and perfect Recovery against the said T. L. and yet notwithstanding the said Lease to stand and be in its force and effect, after the said Recoverey suffered.
In consideration therof, and for that purpose only he the said R. H. at the speciall instance and request of the said T. H. is contented and pleased to give grant and surrender, and doth by these presents give grant and surrender unto the said T. H. and his Heirs, all his Estate in the said Burgage and Tenement, and other the Premisses.
Upon Condition neverthelesse, That if the said T. H. or his Assigns, do not well and truly satitfie and pay to the said R. H. his Executors or Administrators the summ of 10000 l. of good and lawfull mony of England, in or upon the Feast-day of St. Michael the Arch-angel, next coming &c. That then this present Gift Grant and Surrender, to be utterly void and of none effect in Law. And that then and from thenceforth, the said R. H. and his Assigns, to remain be and continue in the said Burgage or Tenement, and other the Premisses, in his and their former Estate, any thing herein contained, to the contrary therof in any wise notwithstanding In witnesse
A surrender of a Joynture upon Condition.
THis Indenture made &c. Between R: M. of &c. Esquire, and J. his wife, late wife of R. Lord O: deceased, of the one part, and the Right Honourable C: Lord O. of the other part; Witnesseth, That the said R. M. and Dame J. his wife, as in the right of the said Dame I: do hold for term of the naturall life of the said Dame I. divers and sundry Lands Tenements and Hereditaments, within the Baronies and Mannors of O: B. and H. in the County of N: being the late Inheritance of the said R. Lord Ogle deceased, late Husband to the said I. and Brother to the said C. Lord O. the immediate Remainder or Reversion therof expectant in the said C. Lord O: and his Heirs, or to the Heirs of his body lawfully begotten for ever.
Now the said R. M. and Dame J. his wife, as well for the consideration hereafter in this Indenture mentioned; As also for the perfecting [Page 631] of an Estate or Conveyance to be had and made, in consideration of a Marriage hereafter (by Gods grace) to be solemnized, between E. T. Esquire, second Son of the Right Honourable G. Earl of S. and J. O. Daughter of the said C. Lord O. Have given granted and surrendred, and by these presents, do give grant and surrender unto the said C. Lord O. and his Heirs, upon condition hereafter in this Indenture mentioned; All and singular the Lands Tenements and Hereditaments, before in this Indenture mentioned: And all such other Lands and Hereditaments, as the said R: M: and Dame J. his wife, as in the right of the said J. have, or of right ought to have, for term of the life of the said Jr being the late Inheritance of the said R. Lord O. her late Husband: and all the Estate Right Title and Interest which the said R. M. and Dame J. his wife, as in the Right of the said Dame J. have or ought to have in or to the said Lands and Premisses, or any part or parcel therof: To have and to hold the said Lands and Premisses, and the Estates Right Title and Interest of the said R. M. and Dame J. his wife, in and to the said Lands unto the said C. Lord O. and his Heirs; Upon condition that if the said C. Lord O. do not well and truly content, or cause to be contented and paid unto the said R. M. and Dame J. his wife, or their Assigns, the summ of 10000 l. of lawfull English money, upon the Feast-day of St. Martin the Bishop in Winter, which shall be in the year of our Lord God &c. at or in the Mansion-House of the said R. M. at &c. in the County of &c. That then and from thenceforth, this present Grant and Surrender to be utterly void and of none effact, and that from and after such default of payment of the said sum of 10000 l. at the time and place aforesaid, it shall and may be lawfull to the said R. M. and Dame J. his wife, and their Assigns, to enter into the said Lands and Premisses, and the same to have and enjoy, as in their former Estate.
And the said C. Lord O. doth covenant for him &c. with the said R. M. and Dame J. his wife, and their Assigns, that they and their Assigns shall take the Rents and Profits of the said Lands and Premisses, to their own use, without any account therof making, untill the said Feast of St, Martin &c. if the said Dame J. so long shall live.
A Surrender by Tenant for life to him in Reversion or Remalnder, to the intent to have a Recovery to pass.
THis Indenture &c. 1. Iunij An. 35. R. R. Eliz. &c. Between L. S. of L. Widow, on the one party, and E: H: Citizen and Iron-monger of L: on the other party; Witnesseth, That the said L: for the summ of 500 l. of &c. by the said E: his Executors or Administrators, well [Page 632] and truly to be paid to the said L: her Executors or Administrators, on the 20. day of Novem: next coming, after the date of these presents, and for divers other considerations her moving, hath granted assigned surrendred and set over, and by these presents doth &c. unto the said E: H: his Executors Administrators and Assigns, all her Right Interest and Term of life, of and in the one Moyety and half part of all that Messuage or Tenement, scituate and being in the Parish of St. P: in C: L: late in the Occupation of &c. and of and in all Easments and Commodities whatsoever, to the said Moyety or half part of the said Messuage or Tenement belonging or appertaining: To have and to hold all and singular the Premisses, with the appurtenances, unto the said E: H: his Executors Administrators and Assigns.
Provided alwaies, that if the said E: H: his Executors or Administrators, do not pay, or cause &c. to the said L: or her Assigns, the said summ of 500 l. of &c. upon the said 20th. day of Novem: next ensuing the date hereof, according to the true meaning of these presents, without any further delay; That then this Grant and Surrender to be void and of none effect, and that then and from thenceforth it shall and may be lawfull, to and for the said L: into all and singular the Premisses to enter, and the same to have again, as in her former Estate, any thing to the contrary &c. In witness &c.
A Surrender of a Lease.
TO all &c. Know yee that I the said R: for certain causes &c. have given granted remised released surrendred, and altogether for me, mine Executors Administrators and Assigns, for ever quit claimed unto I: D: his Executors or Administrators, all the Estate Lease Interest Claim and Term of years, to come and demand whatsoever that I the said R: mine Executors &c. had have should might or ought to have or claim, of in and to all those eight acres &c. which the said I: by his Indenture of Lease, dated &c. demised and granted to me the said R. mine Executors and Assigns for the term of &c. from the Feast &c. and for a certain yearly Rent therin reserved by force of the same Indenture of Lease, or otherwise. And I the said R: H: do covenant &c. That the said Indenture of Lease, and all and singular the Premisses therin demised, at the ensealing and delivery of these presents, are, and be free and clear of all former Bargains Sales Gifts Grants Leases Assignments, and all other Charges Troubles and Incumbrances whatsoever, had, made or done by me the said R: or by any other by my means, or under my Right Title or Interest, before the ensealing and delivery hereof: In witness &c.
A form of a Surrender.
TO all people to whom this present Writing shall come, R. W. Citizen and S. of L. sendeth greeting; Wheras I the said R. at this present stand, and am lawfully and sole seised for term of my naturall life, of and in all that Messuage or Tenement, with the Appurtenances, now being in the Tenure or Occupation of me the said R. and mine Assigns, set, lying, and being in &c. by force of one Indenture of Lease, bearing date &c. therof made and granted by the right Reverend Father in God E. by the permission of God late Bishop of L. unto me the said R. W. and to K. then my wife, and now deceased, and to R. W. the younger, then my Son, and now also deceased, for term of our lives and the life of the longer liver of us. And wheras the Reversion of all and singular the Premisses, doth belong and appertain to the Reverend Father in God I. by the Divine Providence of God now Bishop of L. and his Successors.
Now know yee, that I the said R. M. for divers good causes and considerations me therunto moving, Surrendred, and do by these presents fully and cleerly Surrender unto the said Reverend Father I. by the Divine Providence of God now Bishop of L. and his Successors, as well the said Tenement and other the Premisses, with the Appurtenances, as also all that my said Lease and Estate for term of my naturall life, of and in the same, together with the said Indenture, and all my Right Title and Interest of and in all and singular the Premisses, with the appurtenances, to have and to hold the same, together with the said Estate and Interest, and all and singular other the Premises, unto the said Reverend Father and his Successors, from henceforth for ever; In witness &c.
A Surrender of Copy-hold Land Conditionall.
H. in commitat. M. MEmorand. That on the 10th. day of Septem. in the 24. year of the Raign &c. R. N. of H. in the County of M. Yeoman, one of the Customary Tenants of the said Mannor of H. hath without the Court surrendred into the hands of the Lord of the said Mannor, by the hands of T. K. and I. K. Yeomen, two of the customary Tenants of the said Mannor of H. one Croft, with the appurtenances, commonly called or known by name of G. Lands, now in the Tenure or Occupation of the said R. N. or his Assigns, containing by estimation 18. acres, be it more or lesse, scituate lying and being within [Page 634] the said Mannor, to the use and behoof of T. S. Citizen and Cloth-worker of L. and of his Heirs and Assigns for ever, according to the custom of the said Mannor, upon and under this Condition neverthelesse; That is to say, That if the said R. N. his Heirs Executors Administrators or Assigns, do well and truly pay or cause to be paid to the said T. S. his Heirs Executors Administrators or Assigns, the summ of 44 l. of &c. at one entire payment of the 10th of February, which shall be &c. at the now Mansion house of the said T. S. scituate &c. That then and from thence forth the said Surrender to be void and of none effect; And that then and from thenceforth it shall be lawfull, to and for the said R. N. his Heirs and Assigns, to have again and re-enjoy the said Croft, as in the former Estate of the said R. The said Surrender to the contrary notwithstanding.
TRUSTS.
THis Indenture made &c. Between I: W: of B: in the County of E. of the one part, and W. H. of G. in the County of M. of the other part, Witnesseth, That the said I. W. for, and in consideration of the summ of &c. of lawful money of England to him in hand paid by the said W: H: at and before the ensealing and delivery of these Presents, And for divers other causes and considerations, him the said I: W: therunto especially moving, hath granted, bargained, sold, aliened, released and confirmed; and by these presents, doth grant, bargain, sell, alien, release and confirm unto the said W. H. his Heirs and Assigns for ever, all that the Mannor &c. and the Reversion and Reversions, Remainder and Remainders, of all and singular the said Mannors, Lands, Tenements, and Hereditaments, and Premisses, and every part and parcel therof, and all the estate, right, title, interest, claim and demand whatsoeuer, of him the said J: W: of, in, to or out of the said Mannors, Messuages, Lands, Tenements, Hereditaments and Premisses, and every part and parcel therof; all which said Mannors, Messuages, Lands, Tenements, Hereditaments and Premisses, the said J: W: by a certain Indenture, bearing date &c. hath for the considerations therin expressed, granted, bargained, sold, demised, and to farm-letten unto the said VV: H: his Executors Administrators and Assigns, from the time of the ensealing and delivery of the same recited Indenture, for the term of &c. thence next ensuing, and fully to be compleat and ended, at and under the rent of &c. payable &c. if the same be lawfully demanded, as by the said recited Indenture more at large appeareth. And all which Mannors, Messuages, Lands, Tenements, Hereditaments and Premisses before mentioned by vertue therof, and of the Statute of uses now are in the actual possession of the said W: H: To have and to hold the said Mannor, Messuages, Lands, Tenements, Hered [...]taments and Prem [...]sses, hereby granted, bargained, sold, aliened, released, and confirmed or meant, mentioned or intended to be hereby granted, bargained sold aliened, released and confirmed, and every part and parcel therof, to him the [Page 634] [...] [Page 635] [...] [Page 636] said W. H. his Heirs and Assigns for ever, to the only and proper use and behoof of him the said W. H. his Heirs and Assigns for ever. And it is hereby agreed by and between the said parties, That the said W. H. and his Heirs shall have and hold all and singular the Mannors, Messuages, Lands and Premisses with their appurtenances, upon this speciall Trust and Confidence; nevertheless, That he the said W. H. his Heires and Assignes, shall and may during the joynt lives of the said I. W. and M. his now wife, receive all the benefits, issues, rents and profits, of all and singular the Mannors, Houses, Tenements, Lands and Premisses whatsoever, and imploy the same, and every part therof, wholly for the use, maintenance, benefit and livelihood of M. now wife of the said I. VV. and to and for the livelihood, maintenance and education of the children of them the said I. and M. and for the maintenance, upholding, and reparation of the Mannor and Mansion House of the said I. VV. aforesaid called B: being a great House, and much decaied, with all the outhouses, barns, stables, dove-houses and buildings therunto belonging. And upon this further trust and confidence, That he the said W. H. and his Heirs, from and after the death of the said I. VV. shal and wil permit and suffer the said M. W: during her life, to have, take, perceive and enjoy the Moiety, or one half of all the Mansion House called B. and of all and singular the rents, issues and profits of the said Mannors, Lands, & Premises for her Joynture, livelihood, & maintenance, and the livelyhood maintenance & education of the yonger children of them the said I. & M. And for and during the life of the said M. shal and wil permit & suffer the eldest Son of the said I. and M: then living, to have, take, perceive and enjoy the other Moiety of the said Mansion House called B: and of the Rents, Issues and Profits, of the said Mannors, Lands, Tenements, Hereditaments and Premisses for his livelihood and maintenance; and in case the said I: VV. have no Issue male living at the time of his death, then upon Trust and Confidence, that the said VV. H: and his heirs, shall and will permit and suffer the daughters or daughter of the said I: W: and M. his wife, for and during the life of the said M. to have, hold, take, receive, perceive, and enjoy one Moiety of the Rents, Issues and Profits of the said Mannors, Lands, Tenements, Hereditaments and Premisses for their and her livelihood and maintenance and in case there shall be no issue of the body of the said I. VV. and M. his wife living at the time of his death, or in case the said issue shall happen to die, during the said M. her life then upon. Trust and Confidence, that the said VV. H. and his heirs shall permit, and suffer the said M. VV. to have, perceive, take and enjoy all the Rents, Issues and Profits of all and singular the said Mannors, Lands, Tenements, Hereditaments and Premisses during her life for her better livelihood and maintenance. And in case there shall be any issue of the body of I. W. [Page 637] and M. his wife, hving at the time of the death of the said M. W. then upon this further Trust and Confidence that the said VV. H. and his Heirs shall and will at the request, and at the proper costs and charges in the Law of the Son or Daughters of the said J: VV: as shall be then Heire or Heirs of the bodyes o [...] the said J: VV: and M: his wife, grant, alien, convey assure and dispose of the same Mannors, Messuages, Lands, Tenements, Hereditaments and Premisses unto the said Heir or Heirs, of the bodies of the said J: VV: and M: his wife their Heirs and Assigns; and in case there shall be no issue of the bodies of the said J. VV: and M: his wife living at the time of the death of the said M. then upon this speciall Trust and Confidence, and to the intent and purpose, that the said VV. H. his Heirs and Assigns, shall and will sell, or otherwise dispose of the said Mannors, Lands, Tenements Hereditaments and Premisses so Estated upon him the said VV. H. and his heirs by these Presents as aforesaid, and shall imploy and dispose of the same, or of the monyes arising upon the sale therof in such manner as the said VV. shall by his last Will and Testament in Writing limit, direct, and appoint.
And it is further agreed by and betwixt the said parties to these Presents, and the said J. VV. doth hereby declare, That it shall and may be lawful to and for the said VV. H. and his Heirs to defaulk and deduct out of the monyes shall be raised out of the sale of the said Mannors, Lands, Tenements and Premisses, all such moneyes, charges and expences as he and they shall lay out expend, or shall be damnified, in or by the managing and execution of this present Trust. In Witness, &c.
To sell Land to pay Debts and Legacies.
UPon Trust and Confidence, nevertheless to the intent and purpose, That they the said A. B. and C: D: and their Heirs shall sell and dispose of the said Mannor of L. and all the Messuages, Lands, Tenements and Hereditaments estated upon them the said A. B. and C. D. and their Heires by these Presents, and shall imploy and dispose of the of the money arising upon sale of the said Mannors and Premisses towards the said satisfying and discharging of all the proper Debts of the said E. F. and of all such Legacies as the said E: F: shall by his last Will and Testament in Writing give, devise or bequeath to any person or persons whatsoever. And to the intent also, and upon this further Trust and confidence, that after the said Debts and Legacies shall be paid and satisfied, and after the said A. B. and C: D. shall be satisfied all such charges and disbursments as they shall lay out, disburse and expend in the mannaging and executing of this Present Trust, they the said A: B: and C: D: and their Heirs shall pay over the surplusage [Page 638] of the said monies that shall be raised by the sale of the said Mannor and Lands if any be unto the said E F. and the said E: F: doth hereby declare that the debts which he doth intend, shall be satisfied out of the monies that shall be raised by the sale of the said Mannor and premisses, are his own proper debts; and not such as he doth or shall stand engaged in as surety for any other, and the said E. F: doth here. by also declare, that it shall and may be lawfull to and for the said A B and C. D. and their heirs defaulk, and deduct out of the monies, that shall be raised by the sale of the said Mannor and premisses, all such monies charges and expences as they shall lay out expend or be damnified in the mannaging and execution of this present trust.
A Declaration of a Trust concerning Conveyances taken in other mens names:
THis Indenture made, &c. between &c. now witness these presents and the said T. A. and R. C, severally and respectively do hereby acknowledge and declare, That the money and consideration paid and disbursed as well for the Assignment of the said Lease, as also for the bargain and sale of the said Messuage or Tenement and other things therein contained, was the proper money of the said T. H. and that their names were therein used at the nomination and appointment, and for the only use and benefit of the said T. H. his Heires and Assignes,
And thereupon it is agreed by and between the parties to these Presents, and hereby declared, that the said T. A. and R. C. &c. their heirs Executors or Administrators, do and shall hold the Estates aforesaid respectively upon these Trusts, Videlicet, That they shall permit and suffer the said T. F. his Heirs and Assigns and such persons as he or they shall nominate and appoint to have hold and enjoy the said Messuage or Tenement and other things, and the Rents and profits thereof to take to his own use, and shall and will also at the Request and Charges of the said T. H. his Heires or Assignes, grant convey and assign the said Messuage &c. and all their Estate therein unto such persons as the said T. H. or his heirs shall appoint.
An Assignment to Feoffees in Trust:
THis Indenture made, &c. Between T. C. of W &c. of the one part and W. B. of &c. Gentleman and H. C. of W. aforesaid yeoman,▪ [Page 639] of the other part, witnesseth, That whereas R. S. of S: in the sayd County Esquire by his Indenture of Lease bearing date &c. did thereby (for the considerations therein epressed) demise grant set and to farm let unto the said T. C. and his Assigns all that his Messuage and Tenement with the appurtenances scituate &c. in W. and and in V. aforesaid &c. or in both or either of them, late in the Tenure &c. of T. L. or his Assigns, and then or then are in the Tenure of the said T. C. or his Assigns, together with all Houses Edifices Buildings Yards Orchards Gardens Lands Tenements Meadows, Leasowes Pastures Woods Under-woods Commons Common of Pasture Mosse-room Waies Waters Easments Liberties Profits Commodities and Hereditaments to the said Messuage and Tenement and premisses lying belonging &c. or reputed taken or known as part &c. with all and singular their Appurtenances to have &c. and peaceably to enjoy the said Messuage and Tenement Edifices and Buildings &c. and all other the Premisses, and all and singular their appurtenances unto him the said T. C. and his Assigns, for and during all the term of the naturall life and lives of him the said T. C. H. C. Brother of the said T. and R. A. of &c. yeoman, and for and during all the term of the naturall life and lives of them longest living, yeilding &c. unto the said R: S. his heirs and assigns the ancient yearly Rent of 27 s. 4 d. of &c. at the Feast day of &c. by equall portions, with the suits services boons arrerages and duties due, and of Right heretofore accustomed to be yeilded payed or done for the said Messuage Tenement and premisses with divers Appurtenances as in and by the said recited Indenture of Lease, Relation &c.
Now this Indenture further witnesseth, that the said T. C. for and in consideration of a marriage already had and solemnized between him the said T. C. and E. now wife of the said T. and of the summ of 60 l. of &c. paid and given in marriage unto the said T. C. with her the said E. and also for the better livelyhood and stay of living, to and for the said E: if she fortune to survive and outlive him the said T. C. as also for and to the end, that the said Messuage Tenement and premises with the appurtenances may be used occupyed and imployed during all the term hereafter specified, according to such and the same limitations trusts provisoes and uses as hereafter in and by these presents are mentioned &c, and to and for no other use or uses trusts limitations or provisoes whatsoever, in any wise, hath granted assigned and set over, and by these presents doth grant &c. unto the said W. B: and H. C: their Executors Administrators and Assigns all the said Messuage or Tenement Edifices &c. and hereditaments thereunto belonging with the appurtenances whatsoever, together with the said recited Indenture of Lease, and all the Estate Right Title and Interest of him the said T. C: of in and to the said premises and of in and to every or any part or parcell thereof, to have &c. the said Messuage and tenement, [Page 640] and all & singular other the above recited premises with the appurtenances to the said W: B: and H. C. and their Executors Administrators and Assigns from &c: for and during all the term of 99. years then next &c. fully to be &c (if the term mentioned in the said recited Indenture of Lease so long &c: to stand and be possessed thereof, to and for such and the same limitations &c: as hereafter in and by these presents are mentioned &c: and to and for none other limitation what soever in any wise (That is to say) upon speciall trust and confidence nevertheless that the said W: B: and T: C: their Executors &c: shall and will permit and suffer the said T. C. and his Assigns to have &c: and peaceably to enjoy the said Messuage or tenement and premisses with the appurtenances from &c. for and during so many years of the sad term of 99. years as shall expire and run up in the life time of the said T. C. he the said T. C. and his Assigns, paying and discharging all the Rents Duties and Services due and payable for the same, and that immediatly after the Death and decease of the said T. C. the said W. B. and H. C. the Execut. Administ. and As. shall and will permit and suffer the said E. now wife of the said T. C. and her Assigns to have &c. the moyety and one half part of the said Messuage or Tenement and all and singular other the premisses with the Appurtenances from thenceforth during so many years &c. [...] if she the said E. shall keep her self sole chast and unmarried and of honest Coversation of her body, and also if the term &c. Vt supra, but if she shall happen either to marry or miscarry, then after marriage or miscarriage (whether shall first happen the said W. B. and H. C. their Executors &c. shall and will permit &c. the said E. and her Assigns to have the said Messuage &c. thenceforth during Vt supra, if the originall Lease &c. for and in lieu contentation and full satisfaction of her right title of Joynture, she the said E and her Assigns paying and discharging the moyety or one half part of the Rents Duties and services due payable for the same during such time as she shall keep her self sole, &c. and after marriage or miscarriage, a full third part of the said Rents &c. from year to year during, &c. and that immediatly after the decease of the said T. C. the said W. B. &c. their &c. shal and will receive perceive and take the Rents Issues & profits as wel of the other moyety or half of the said Messuage &c: untill the said E, shall happen to marry or miscarry, as also two parts thereof after such marriage or miscarriage and the same shall and will convert imploy and bestow to and for the personall sustainance Education and bringing up of the Children of the said T. to be begotten on the body of the said E respectively untill the eldest of his sonns, and for default of such issue the eldest of his Daughters, shall accomplish his or her age of one and twenty years, and immediatly after such son and for default of such issue, such Daughter shall have accomplished the age aforesaid [Page 641] the said W. B, other &c. shall and will permit and suffer such Son or such Daughter, and their assigns, to have &c. as well 2. parts of the said Messuage &c. in the case aforesaid or else the moyety therof, as also the whole Messuage from and after the decease of the said E: for and during the rest and residue of the said terme, &c. then to come and unexpired fully to be compleat &c: if the term in the &c. for and under the Rents, &c: due for the same, and if it happen the said T: to dye &c. without issue of his body lawfully begotten that then the Feoffees shall permit &c. R. S. the son and his Assigns and the issue of his body lawfully to be begotten to have &c. the said Messuage &c. from thenceforth for and during the rest, Ʋt supra, fully &c. if the term &c. in such sort manner and form, as the issue of the said T. C. should or might have had held or enjoyed the same, as above is mentioned and limited, and to and for none other limitation, &c. or use whatsoever in any wise, In witness, &c.
USES.
An Indenture to deliver the use of a Fine and Recovery levyed and suffered.
THis Indenture made &c. Between A. M. &c. I. B. and G. B. of the one part, and R. C. &c. of the other part; Wheras the said A. M. being seised in his Demesne as of Fee, of and in certain Messuages Lands Tenements and Hereditaments, with the appurtenances, scituate lying and being in W. in the County of C. And it having been agreed between the said A. M. and the said R. C. that for valuable consideration of mony to the said A. to be paid by the said R. C. should convey the said Lands and Premisses unto the said R. C. and his Heirs, in such manner as the Councel learned of the said R. C. should advise or require.
And wheras by advice of the Councel Learned of the said R. C. in Easter Term last past, before the date hereof, in the Court of Common Pleas at Westminster, did commence prosecute and bring one writ of Entry, Sur-disseisin in le post, against the said R. C. demanding therby one Messuage, two Gardens &c. with the appurtenances in W. aforesaid, unto which Writ the said Richard did appear, and did vouch to Warranty the said A. M. who being then present in Court, the said Voucher in her proper person vouched over one Voucher, wherby a good and perfect common Recovery of the said Premisses with double Voucher, according to the form of common Recoveries, in such case used, was in due form of Law suffered and executed. And wheras the said A. in Easter Term aforesaid, by advice of councel of the said R. C. did levy and acknowledge in due form of Law, before his Majesties Justices of his Highnes said Court of Common Pleas, unto the said R. C. and his Heirs, one Fine, Sur▪conusance de droit Come ceo &c. with proclamation therupon had, according to the form of the Statute in that behalf made and provided, of for and concerning the said Premises, and the manner of one Messuage, one Garden &c. in and by the said Fine and Recovery, and relation being therunto had, more fully and at large appeareth.
Now this Indenture witnesseth, that the said I B and G B and A O and every of them, for themselves, their Heirs Executors Administrators and Assigns, and for every of them, do covenant promise grant declare and agree, to and with the said R C his Heirs and Assigns, and to and with every of them by these presents, that the said recited Fine and Recovery, and the Recoveror and Recoverors therin named, and their Heirs and Assigns, and the Heirs of the Survivor of them, and all other person and persons, which now are or shall be seised of the said recited Premisses, and every part and parcell therof, shall therof stand and be seised, to and for the only use and behoof of the said R C his Heirs and Assigns for ever, and to and for no other use intent or purpose whatsoever; In witness &c.
The Ʋses of a Fine and Recovery levyed and suffered.
THis Indenture made &c. And wheras the said J: S: in Michaelmas Term last, did levy and acknowledge a Fine in the Court of Common Pleas at Westminster, unto I: G: of all the said Messuages Lands Tenements and Hereditaments before mentioned, to the intent and purpose that the said I: G: might become Tenant of the Free-hold of the said Messuages Lands and Premisses, to the end that a Writ of Entry in the Post might be brought and prosecuted against him, that a common Recovery might be had of all and singular the said Messuages Lands Tenements and Hereditaments, according to the course of common Recoveries, used and accustomed; And wherupon a Writ of Entry was duly sued out and prosecuted against the said I: G: and therupon a common Recovery was also had and duly executed. Now it is agreed by and between all the said parties, and it is hereby declared, that the said Fine was so had and levyed, and intended to be, to the only use of the said I: G: and his Heirs, to the intent that he might become Tenant of the Free-hold of the said Lands and Premisses, until the said Recovery was so had and executed: And that after the said Recovery was so had and executed, the said Fine and Recovery, and the Conuzees and Recoverors, in or by the same was meant and intended to be, and shall be, to the only use benefit and behoof of the said I: S: his Heirs and Assigns, to the intent that all former Entails, and every Reversion and Reversions, being barred therby, the said I: S: might therby become seised of an absolute and perfect Estate in Fee-simple, for the better setling the said Messuages and Premisses, to the uses herein before mentioned, and to none other use intent or purpose whatsoever.
An Indenture to lead the use of a Fine levyed.
THis Indenture tripartite made &c. Between R: F: somtime of &c. and I: his wife of the first part, I: W: of &c. and A: his wife of the second part, and A: M: of &c. and T: S: of &c. of the third part: Wheras they the said R. F. and I: his wife, and I: VV: and A. his wife, having in the term of &c. last past, knowledged a Fine in due form of Law, of all those two Messuages or Tenements called &c. with the appurtenances, and of four Cottages and one Curtillage, with the appurtenances, in the Parishes of &c. to the said A: M: and T. S. and to the Heirs of the said A: for ever, which said Premisses, were late the Lands Tenements and Hereditaments of E: M: late of &c. deceased, and at the levying of the said Fine, were the Inheritance of the said I: F: party to these presents, Sister of the said E: M.
Now this Indenture witnesseth, that the true intent and meaning of the said Fine, and of all the parties therunto, and of these presents, was, and is, and it is by these presents, and by all the parties therunto declared, that the said Fine and all effects therof, shall be, and enure, and shall be construed and taken to be, and enure to the only uses behoofs intents and purposes hereafter mentioned (that is to say) to the use and behoof of them the said I: VV: and A: his wife, their and either of their Assigns, for and during the naturall life of the said A: and from and after the decease of the said A: then to the use and behoof of the said R: F: and I. his wife, their Heirs and Assigns for ever, and to no other use or uses, intents or purposes, any matter or thing in the said Fine contained, to the contrary therof notwithstanding: In witnesse &c.
To declare the Ʋse of a Fine levyed.
ANd wheras the said T: F: and M: his wife, have last Easter Term levyed a Fine to the said F: T: and H: H: as well of all and singular the said Messuages Lands Tenements and Hereditaments, by the said Indenture, bearing date &c. mentioned to be bargained and sold to the said H: H: and his Heirs, as also of all and singular the said Messuages Land Tenements and Hereditaments, by the said Indenture, bearing date &c. mentioned to be bargained and sold, to the said F: T: M: P: and T: T: their Heirs and Assigns; And also of two other Tenements or Cottages, Orchards Gardens and Back-sides, with the appurtenances therunto belonging, and therwith used occupyed or enjoyed, [Page 645] now or late in the Tenure Possession or Occupation of E: M: and Eliz. M. neer adjoyning to the said Capital Messuage, or Mansion-house.
Now these presents do witnesse and declare, that the true intent and meaning of the levying of the said Fine, at the time of the levying therof, was, and so is to be taken to be, to the uses intents and purposes following, as for and concerning the said Messuages Lands, Tenements and Hereditaments, mentioned to be granted bargained and sold to the said H: H: and his Heirs, by the said Indenture, bearing date &c. To the use of &c.
Ʋses.
THis Indenture &c. Between A: R: of the one party, and R: G: Citizen &c. and T: G: &c. of the other party, witnesseth; That the said A: R: for divers considerations him moving, doth by these presents covenant grant conclude condescend and agree, to and with the said R: and T: That the said A. shall and w [...]ll in this present Term of St. Michael, knowledge and levy unto the said T: and R: one Fine with Proclamations and Cognizances of Right, as that which the said R. and T: had of the Gift of the said A: of the Mannor &c. 53. Messuages, 26. Cottages, 12. Tofts, 800. acres of Land, 400. acres of Meadow, 1000. acres of Pasture, 100. acres of Wood, and 20 s. Rent, with their appurtenances in &c. in the said County of S: and of all other the Lands Tenements Rents Titles Services and other Hereditaments of the said A. set lying and being in the said County of S: And the said Fine so to be levyed, and the Mannors Lands Tenements and Hereditaments in the said Fine expressed, shall be to the use of the said A: R. hereafter expressed, and to the use and intent that the said A: R: shall or may at any time hereafter during the life of the said A: make Leases for term of 21. years, of all and singular the Premisses, with their appurtenances, or of any part therof, shall remain and come after the death of the said A: according to the quantity portion or part of the said Lands Tenements and Hereditaments, that so shall remain or come to every such person, and after such Lease or Leases so made, the said R: and T: and either of them, and all other person and persons, claiming by from or under them, or any of them, shall stand and be of the Premisses seised to the use of such Leases, during their severall Terms, and no longer. Provided alwaies, that if the said Leases or any of them shall not content and pay the said Rents and every part therof, within fifteen daies, the daies of payment therof, that then and from thenceforth the Uses limited by these presents unto the said Leases, shall be utterly void [Page 646] cease and determine; And that then and from thenceforth the said R: and T. and all other persons claiming from by or under the said R. and T: or the said A: shall stand and be of the Premisses seised to other the Uses in these Premisses limited, as if no such Lease had been had or made, any thing to the contrary notwithstanding.
And if it fortune M: now wife of the said A: to decease and dye, during the life of the said A: then the said parties do further grant covenant conclude and agree the one with the other: That the said R. and T: shall stand and be seised to the use of such person, as the said A: shall take to wife, in such manner and form, and of so much of the Premisses as the said A: shall by his Deed made, to or with any person, limit declare and appoint to such person as the said A: shall take to wife.
And it is further covenanted and granted between the said parties, That if the said A: fortune to decease, leaving the said M: now wife of the said A: that the said R: and T: and all other claiming by from or under them, shall stand and be seised of the Moyety and half part of the said Mannors Lands Tenements and Hereditaments, as shall be expressed and nominated in the said Fine, to the use of the said M: for term of her naturall life.
And it is further covenanted granted concluded condescended and agreed between the said parties, that the said Fine so to be levyed, during the life of the said A: shall be to the use of the said A: for term of his naturall life, and after the decease of the said A: R: the said Fine to be levyed of the said Mannors Lands Tenements and Hereditaments, and of all other the Premisses with their appurtenances, shall be to the use of the said R: R: Son of the said A: and M: wife of the said A: and of the Heirs Males of his body lawfully begotten (saving and alwaies reserved) the interest and Estail of the said M. and other the wives of the said A: by these presents limited and appointed, as also the interest and Estail of such Tenant and Tenants for term of years, as the said A: shall make, and according to the true meaning and intent of these presents, as is aforesaid. And if the said R: R: dye without Issue of his body lawfully begotten, then the said Fine so to be levyed, shall be to the use of other the Heirs Males of the body of the said A: and to the Heirs of their bodies lawfully begotten, and for default of such Issue Males, then to the use of the Heirs Females of the body of the said A: and the Heirs of their bodies lawfully begotten, and for default of such Issue, then to the use of T: W. and the Heirs of his body lawfully begotten, and for default of such Issue, then to the use of J: W: of H: in the County of N. Esquire, and brother of the said T: W: and to the Heirs of his body lawfully begoten, and for default of such Issue, then to the Right Honourable A. B. Earl &c. and the Heirs of his body lawfully begotten, and for default of such Issue, then to the Right Honourable [Page 647] C. D. Earl &c. and the Heirs of his body lawfully begotten, and for default of such Issue, then to the use of R: H: Son of Sir O: H: Knight, and the Heirs Males of his body lawfully begotten, and for default of such Issue, then to the use of E. T. Son of T. T. of &c. and to the Heirs of his body lawfully begotten, and for default &c. then to the use of our Soveraign Lord King James of England, &c. King, and to his Heirs and Successors for ever.
Provided alwaies, that if our Soveraign Lord the Kings Majesty, or any of his Successors, shall bargain sell give grant or assign the said Remainder Estate and Interest of and in the Premisses, or any part or parcel therof, otherwise then for term of life or in tail, to any other then to the Right Honourable the Earl &c. or his Heirs, that then the use by these presents limited unto his said Majesty, his Heirs or Successors, shall cease and determine, any thing to the contrary notwithstanding. Neverthelesse the Premisses, notwithstanding it is covenanted granted concluded and agreed between the said parties, that the next day after any Grant or Grants that hereafter shall be made of the Premisses, or any part or parcel therof, by our said Soveraign Lord the Kings Majesty, his Heirs or Successors, contrary to the true meaning and intent of these presents, the Rent of the said Premisses, and the Lands in the said Fine contained, and every part and parcel therof, the said before limited Estates shall be again the next day after such Grant, to the use of the said Soveraign Lord the Kings Majestie, his Heirs or Successors as aforesaid, or to the use of such his Majesties Successors, as shall make any Grant, contrary to the true meaning of these presents. And if our said Soveraign Lord, his Heirs or Successors, after the said new vesting of the said Estate, shall make any Grant or Conveyances of the Remainder of the said Premisses so to his said Majesty, his Heirs and Successors limited, or of any part or parcel therof, then also the said new Estate, and last will of the Remainder of the said Premisses, shall be again to the use of our said Soverain Lord the Kings Majesty, or of such his Majesties Heirs and Successors, and their Heirs, as shall make any such Grant in Fee-simple of the said Premisses, or of any part or parcel therof, by our said Soveraign Lord, his Heirs or Successors, having any Estate Right or Title, by force of the limitation of these presents, the use limited to our said Soveraign Lord and the Estate that his said Majesty, his Heirs and Successors, shall have by reason of such use, at the time of any such Grant, shall cease determine and be void, and that the next day after such determination of such Use or Estate, by reason of such Grant or Grants by our said Soveraign Lord, his Heirs or Successors, the use of the said Premisses, shall be again to our said Soveraign Lord, his Heirs and Successors.
Provided alwaies, and it is meant, granted, concluded, and declared between the said parties by these presents, the Premisses, or any thing therein contained, to the contrary, notwithstanding.
That if the said A: R: shall at any time hereafter make or convey any Estate or Estates in Fee-simple or in Fee-tail, and shall limit and declare any Use or Uses, in or upon the said Grants and Conveyances, other then is already contained, limited, and declared in these presents: That then in and upon every such Grant, Conveyance and assurance, the said Fine shall be to such Uses, as the said A. shall therupon limit and appoint: In witnesse &c.
WILLS.
A Citizens Will with devise of Lands.
IN the Name of God Amen, the 14th. day of &c. I R. C. Citizen and Salter of L. although sick in body, yet of good perfect and sound memory, praised be Almighty God, therefore do make and ordain this my present Will and Testament containing therein my last Will in manner and form following, That is to say.
First, I commend my self and all my whole Estate to the Mercy and Protection of Almighty God, being fully perswaded by his Holy Spirit through the Death and Passion of Jesus Christ, and to obtain full pardon and remission of all my sins, and to inherit everlasting life, to which the Holy Trinity, one eternall Diety, be all honour and Glory for ever amen.
And I will and ordain, That all such debts as I shall happen to owe Buriall. Debts pain. at my Decease, shall be truly paid as they shall grow due, and that the Funeralls of my body be only such as shall beseem a Christian after the discretion of my loving Wife and Overseers, and my said Debts which I then shall owe, being defalked, and my Funerall Charges deducted, I will that the residue of all and singular my Goods Chattells Plate Jewells Wares Merchandizes & Debts to me owing and Division of the goods into three equall parts after the custome of London viz. 1 One to the wife. 2 the other to the children. 3. for the performance of the Will. ready money shall be limited and reckoned in three equall parts according to the Custome of the City of L. one full 3 equall part, whereof I give and b [...]queath unto J. my said loving Wife in full Recompence Contentation and Satisfaction, of and for all such part and portion as she by the said Custome or otherwise ought to have or can or may claim to have of all my said Goods Chattells Debts ready money, and other the premisses whatsoever, and one other full equall third part thereof, I give and bequeath to and amongst my five children, that is to say, R. I. S. A. and E. to and amongst them part and part-like to be divided, and to be payd and delivered to my Sons severally their parts thereof, as they severally shall accomplish the age of one and twenty years, and to my Daughters, their parts thereof as they severally [Page 650] shall come to the said age or shall be married, as either of the same shall first happen.
And I Will, That if any of my Sons do decease before the age of one In case any decease, the other to have the deceasees part amongst them. and twenty yeares, and that if any of my Daughters do decease before the same age, and before their Marriage, that then, in such case the portion of every of them so deceasing, shall remain and be to the Survivors and Survivor of them, part and part-like to them to be divided.
Provided alwaies, and I do will, provide and ordain by these presents, That if hereafter I shall fortune to have any more Child or Children If he have more children, then they to partake ratably of the said third part. then above named, then every such Child or Children shall have like ratable part and portion of and in all my said Goods Chattels Debts ready mony & all other the Premisses with those my Children before named, as if they expresly amongst them had been named by name to have been equall partakers thereof. Any thing whatsoever to the contrary notwithstanding:
And the other full third part and residue of all my said Goods, A third part for Legacies. I do will and appoint to and for the performance of this my present Testament.
And first I give thereof to &c. Item I give and bequeath, &c. Item I give, &c. Item. I give and bequeath to my Servant R. H. and R. A. to every of them 20l. a peece to the intent and upon Condition, That they and either of them shal diligently and faithfully help and assist [...]o the gathering in of my debts by the space of one whole year next after my Decease and longer as need shall require.
Item, I will that my wife shall have all her wearing apparrell for Gift to the wife of wearing apparrell &c. her body as well woollen as Linnen, and all her Linnen for Children, and all such Rings and Brasletss as she hath.
Item, I give and bequeath to my said wife for and in full Recompence Legacy to the wife in full recompence of her dower. of all her Dower Right Title and Interest, and other Demand whatsoever which she may have or make to all or any part of my Lands Tenements and Hereditaments or to any Rents or profits therof or of any part thereof, the summ of 200 l. of &c.
Provided alwaies, and my will is, That if my said wife in her pure Condition, that if she deliver not a release for her dow [...]r to the Overseers of the will then ther Legacy to be void. widdow hood being, do not make and deliver such lawfull Release and Releases, if need be, within the space of three months next after my decease to the hands of my Overseers herein after named for and to the use of my Children according unto their severall Estate in my lands hereafter as appear in these Presents, as that thereby all the Estate Right Title Interest and Demand of my said wife to my said Lands Tenements and Hereditaments aforesaid and all profits thereof shall be annihilated and determined, saving only to her such Interest as I shall give her by these presents, that then my said Legacy of 200 l. by me to my said wife above given, shall be utterly void, and shall [Page 651] not in any case be demandable or payable before such Releases as aforsaid shall be by her delivered, any thing abovesaid to the contrary notwithstanding.
Item, I give to A. B. a black Gown; &c. Item, &c. I will there be Legacy of the rest of the goods and debts to the children. not spent in my Funeralls above the Summ of 200 l. The residue of all and singular my goods chattells Debts and ready money remaining after this my present Testament performed and fullfilled, I give and bequeath to and amongst my three Sons R. I. S. and such other Son and Sons as I may fortune hereafter to have to and amongst them all part and partlike to be divided.
Provided alwaies, That if my Sonn R. when he shall come of full age do not make such surrender of my Coppy-hold Land as hereafter I do appoint him to do in and by these Presents, that then he shall loose his part of the residue of my said goods, &c. and the same wholy to remain to and among his other brethren. Constitution of Executors and Overseers. The Overseers to be Administrators of the goods to the use of the children Executors till they atain 21. years. The wife to have the education of the children if shee will. One to have the custody of the childrens portions putting in sufficient sureties to the chamber of London, and pay 5 l. a hundr [...]d. Nota. Mr. Fuller said, that notwithstanding this manner of devising of the custody of an Orphan to a friend yet the Mayor and Aldermen may if they will) dispose of the custody of such Orphan, albeit commonly they do not without some good cause of exception to whom the custody is willed. Nota Mr: Fuller said, that for every 300l. of orphanage portion, the allowance by the custome is 5 l. per ann. for the first 100 l. 5. marks for the second 100 l. and five nobles for the third 100 l but of later order, 5 l in the hundred is allowed throughout all the portions of Orphans.
And I make and ordain my said three sons R: I. and S. my Executors of this my present Testament, and I do appoint Overseers thereof A. G. and W. D. Aldermen, A. C. Salter, J. H. Grocer, R. H. and and R. P. Goldsmiths of L.
And I do will and appoint that the said A. G. W. D. and A. C. shall be Administrators, and have the Administration of my Goods Chattells and Debts to the use of my said three sons, till they or some of them shall attain to the age of 21. years.
And I will that my said Wife; if she shall so like of it, shall have the Education of my said Children both Sons and Daughters during their minority so far forth as she keep them to Learning at the discretion of my Overseers.
And further I do will and appoint, That the said A. shall have the use and custody of the portion of my Son R. C. during his minority, putting in sufficient Sureties to the Chamberlaine of L. for the same according to the ancient custome and paying yearly thereof 5 l upon every 100 l. of the same portion, to the use of my said son R. whereof I will to be paid and allowed yearly towards his Education and bringing up 15 l. and the residue thereof to be paid and allowed to him at his full age of 21 years, or if he dye before, then to be d [...]stributed amongst other my children, as his Childs portion in that case is limited to be.
Item, I will that the said W. D. shal have J. C. his portion &c. as before, the use of S. his portion, bequeathed to J. H. in forme aforesaid.
Item, I will and appoint that the said R. H. shal have the custody and use of the portion of my Daughter A during her minority, or untill her marriage putting in sureties, &c. and paying &c. whereof 15 l. yearly &c. and the residue thereof to be paid and allowed her at her full age of 21 years, or day of marriage, that is to say, such of the same times as shal happen first to come, (E: her portion committed to A P after the form last limited.)
And as touching the disposition of my Lands Tenements and Hereditaments, Devise of lands I will and devise thereof and therefore in manner &c.
First, I give grant devise and bequeath to R. C. my eldest son, all that Entailment of the dwelling house to the Son. my great Messuage with the appurtenances wherein I now dwell scituate &c. which I late purchased of G. W, To have and to hold the said Messuage with the appurtenances to the said R. my son, and the heirs males of his body lawfully to be begotten, and for lack of such issue, the remainder thereof to my son J. G: and the Heirs males &c. and for lack of such issue to my son S. &c. and for lack of such issue, to the next right heirs of me the said R. C: the Father, for ever.
Item, I give grant devise and bequeath to J: C: my son, all and singular my Lands Tenements and Hereditaments in H: and E: in the Entailment of other Land. If he in his life time surrender not certain Land to the younger son, then his eldest son to surrender it after his decease. All iron worke glass wainscot &c, to remaine with the Free-hold of the house. An appointment of a certain person to have the gathering of Rents during the son [...] minority, and to make him account at his age. Rings to the Overseers. County of H: or elsewhere in the same County, and all and singular my Lands Tenements and Hereditaments which I purchased of J. W: to have and to hold all the same Lands Tenements and Hereditaments to the said J C and the Heires males of his body lawfully begotten, and for lack of such issue, the remainder thereof to &c:
And if I in my Life do not surrender to the use of my said son J: C: and his Heirs such copy-hold Lands as I have in &c: then I will and appoint that my son within six mrnths after, he shall come of full age shall surrender all the said Copyhold Lands to the use of his said Brother J: and of his heirs according to the custome of the Mannor there without fraud or covin.
And I do will that all Lead cesterns, wainscot glass: iron-work doors Locks keyes hangings and painted clothes in my said Messuage in W: shal remain, and passe with the Free-hold of the same without any value or price to be set thereof.
And I will that the said A: G: shal have the governance and gathering of all such Rent, as shall be due and payable to my said Son R: during his minority, and that my said freind W: D: shal have the governance &c. as &c. to my son J: C: during his minority, and they thereof to accompt with my said children at their full age:
Item, I give and bequeath to every one of my said Overseers, one Ring of gold a peice with the fashion, every of them to be worth five [Page 653] marks and ten pounds to every of them apeece in money for their pains in the Premisses to be taken, wherin I pray them to deal as becometh faithful Christians as they will answer therefore before God, In witness wherof hereunto I have subscribed my Name, and set my Seal in the Presence of these Witnesses, whose names are subscribed.
- A. B.
- C. D.
- E. F.
A Devise depending on an Indenture to convey Lands and Rent to to the use of a Colledge.
TO all to whom, &c. I: S: Citizen and Marchant-taylor of L. sendeth Greeting in our Lord God everlasting. Wheras our Soveraign Lord &c. by his Highness Letters Patents, under the great Seal &c. hearing date &c. for the consideration and purpose in the same Letters Patents expressed, hath given and granted to W. F. &c. all that yearly Rent &c. and also by the same Letters Patents, hath given and granted to the said W. his Executors and Assigns, all the arrerages of the said yearly Rents of &c. from the Feast &c. And one Writing Obligatory of 200. Marks &c. as by the said Letters Patents &c. And whereas also the said W: F: in his own right and to his own use, is lawfully and solely seised of and in one Capital Messuage &c. (as is recited in a former Indenture.) And wheras also in and by acertain Indenture Quadri-partite bearing date &c. made between &c. It is Covenanted and agreed by and between the said parties, that the said W. F. from and against h [...]m the said W: and his Hei [...]s shall grant, convey and assure unto me the said I. G. and mine Heirs for ever, as well the said Capital Messuage &c. as also the said yearly rents &c. and all the arrerages therof aforesaid; and also the said Writing Obligatory &c. up [...]n and under such condition as in the said Indenture Quadri-partite is expressed, that is to say, That I the sa [...]d J: S: should make and declare my last Will in Writing &c. as in the former recited Indenture is expressed, as by the said Indenture Quadri-partite amongst &c. may appear.
And wheras the said W. F. sithence by his Deed, bearing date the 13th day of this present June, in this present 22th year of the Raign &c. Hath given, granted, conveyed and Assured to me the said J: S. and mine Heirs for ever, as well the said Messuage, with the appurtenances, as the said yearly rents, and the arrerages therof, together with the Obligation aforesaid upon and under condition, and to the intent in the said Indenture Quadri-partite expressed and specified.
Now know ye that I the said I: S: being of perfect mind and memory and faithfully meaning to keep and perform the Condition aforesaid, and that all the Premisses shall and may be had and enjoyed for ever, and likewise be for ever employed and bestowed in manner and form aforesaid (according to the Covenants or Ordinances and Agreements contained in the said Indenture Quadri-partite) do by these presents declare, and make my last Will and Testament, of and for the said Messuage and Tenement, with the Appurtenances, and of and for the said yearly rents and arrerages therof, and of and for the said Obligation in manner and forme following, that is to say, I do by this my present Will and Testament, give, devise, Will, and Bequeath the said Messuage or Tenement with the appurtenances & the said yearly rents and the arrerages therof, & the said Obligation unto the said Master & Wardens of the Marchant-taylors of the Fraternity of St. John Baptist. in the City of L. by whatsoever name they be incorporated, and to their Successors for ever: In witness wherof to this my last Will so made and declared as aforesaid, of and for the Premisses; I the said I. S. have set mine Hand and Seal the day of June, in the 22th. year &c.
A Note touching the Disposition of Lands to a Corporation, as the same be not within the Statute of Mort-main.
THese are to let you understand, That Mr. Recorder is of Opinion as touching the Execution of Mr. F. his good zeal and meaning of his gift of the Annuities, and of his House in C. Street, That the same is not to pass in such sort as the Books are already penned, for the said gifts are within the compass of the Statue of Mortmain, wherby his honest meaning may in short time be defrauded, and therfore he thinketh it the surest way that the same be done by Will, viz. that Mr. F. do enfeoff some ancient man that is unmarried upon condition, that he shall make his last Will and Testament in Writing, and by the same shal forthwith wil & devise the said House unto the Corporation of the Marchanttaylors, and then a Paire of Indentures of Covenants to pass between the Colledge and Mr. F. on the one part, and the Master and Wardens on the other part. By which Indenture shall be expressed all Mr. F. his meaning to what uses he will have the Profits of the said House to be employed. And the like devise may there be of the Annuities. This is a good sure way, because the Custome of the City doth warrant the same.
A Citizens Will.
IN the Name of God Amen. The 19th. day &c. In the year of our Lord God &c. I I. G. &c. being of good and perfect Remembrance, Laud and praise be to the Almighty God, knowing that I am naturally born, and ordained to die, and to pass from this mortal World, and transitory Life, minding to put in order, as well of all and singular my goods and chattels whatsoever I have, and debts whatsoever to me owing; as also to declare how I have bestowed all my Leases which I have of my Lands, Tenements and Hereditaments▪ to the intent there should be no strife for the same after my decease, do therfore first of all, after thanks given to Almighty God for his great benefits, desire and pray my children, and all other to be contented with my last Will and Testament, without any trouble, business or vexat on of any of them against the other for any of my said Leases, Goods, Chattels and Debts, as they will answer for the same before the Judgment Seat of God, who is the rewarder of all good persons, and a severe Judge and Revenger of all those that do evil.
And to avoid all occasions of charges, I revoke and renounce all former and other Wills and Testaments whatsoever heretofore by me made by Word, Writing, or otherwise, and make and ordain this to be my very true last and only Will and Testament for and concerning all my said goods, chattels debts, and every part and parcel therof in manner and form following, that is to say, First, I commend my soule to Almighty God, and to his Son Jesus Christ my Saviour and Redeemer, and to the Holy Ghost, three Persons and one God, most humbly beseeching the most Holy and Blessed Trinity to have mercy on my soul, and to pardon and forgive me all my sins and offences, so that I may after this mutable life arise with the Elect, and have the life and fruition of the God-Head by the D [...]ath and Passion of our Saviour Jesus Christ, according to his merciful Promise in that behalf. And I Will that my body be decently buried in the Parish Church in the which it shall happen to decease, and my Funerals to be ordered by the discretion of my Executors hereunto named.
Item. I Will that my Debts which I shall owe unto any person or persons at the time of my decease, either by Law or Conscience be well and truly contented and paid within convenient time. And after my said Debts be discharged, I Will that all my Moveable Goods Chattels, and Debts to me owing within such convenient time as mine Execurors may be divided into three equal parts and portions, according to the laudable Custome of the City of L. of which I am a Citizen, one equal third part and portion whereof, I Will and appoint to and for the performance of this may last Will and Testament, and one other [Page 656] equal third part and portion therof. I give unto Elizabeth, my well beloved wife, and the other equal third part and portion therof, I give and bequeath to and amongst F. T. and M. three of my Sons yet by me not advanced, and to and amongst A. K. and M. my three daughters already married, and yet not fully advanced, for wheras I have given with every of the same my daughters 200 l. apeece in their marriage, my Will and mind is, that the same shal not be taken or deemed to be a ful advancement to my said three daughters▪ or any of them; but I do Wi [...]l and ordain by these Presents, That first my said three Sons, F. T. and M: shall have allotted to every of them 200 l. apeece out of that third part of my said Goods, and other the said Premisses, which I have here above given and bequeathed to them and the [...]r said three Sisters, and that then the residue of the said th [...]rd part shall be divided to the said F. T. M. A. K. and M. part and part like. As for my eldest Son I. G. he is by me already fully advanced, and I have of him his cleer Acquittance in that behalf.
Also my Will and mind is, that if any of my said children being yet within age, and not married, do die or decease before they shall accomplish their severall ages of 21. years, that then the part and portion of him, her, or them, so deceasing shall be equally divided, to and amongst the other of them my said six children surviving, portion and portion like.
Item. I give and bequeath unto my said daughter K. the summ of 40 l. in money; and I give and bequeath unto E. and R. children of my said daughter K. ten pounds in money that is to say, to either of them five pounds to be paid and delivered unto them, at their lawful age of 21. years, or days of marriage: And if either of them die before they accomplish their said age of 21. years or days of marriage, the Survivor to have the others portion of this my Legacy; and if they both decease before they accomplish their said age or marriage, then I give and bequcath the same ten pounds to and amongst the children of my said daughter A. equally to be divided amongst them to be paid and delivered unto them at their lawful ages of 21. years, or dayes of marriage, and if any of them do die before the time limited, then the Survivors or Survivor of them to have and enjoy the same.
Item. I give and bequeath to the said A. my eldest daughter 46 l. 13 s. 4 d. in money to be paid unto her, within six moneths next after my decease.
Item. I give and bequeath unto my said Son T. G. the sum of 40 l. of lawful &c. over and besides his childs part aforesaid. Also I give and bequeath unto my Son M. G. the sum of 40 l. of like money over and besides his childs part aforesaid.
Item. I give and bequeath unto my Son F. G. 40 l. in money over and be sides his childs part aforesaid. Moreover I give and bequeath unto [Page 657] A. D. one of the daughters of &c. late of L. Haberdasher deceased, the summ of 100 l. of lawful &c. to be paid unto her at her age of 20. years, or day of marriage, at the discretion of mine Executrix. Also I Will and bequeath &c. Moreover I give unto H. C. my Nephew the summ of 6 l. 13 s. 4 d. of &c. Also I give &c. Item I give &c.
Item. I give unto the two Hospitals in L. the one called Christs Hospital, and the other St. Thomas Hospital in Southwark, to either of them the summ of 5 l.
Item. I give unto the Prisoners of Newgate, Ludgate, the Kings Bench, and the Marshalsy, to every of them 3 l. 6 s. 8 d. Moreover I give to the Worshipful Company of Marchant-taylors in L. wherof I am a Fellow, towards a Recreation to be had amongst them at my Buriall the summ of 6 l. 13 s. 4 d. and a cup of Silver and guilt, of the weight of 40. Ounces to remain in that Company for ever, and to have graven in the bottom these two Letters I. G. and a Posie written in this manner;
as a Remembrance of my Fellowship amongst them. Also I Will that there be spice Bread given to the Livery according to the Custom, and to the Clark of that Company I give 20 s. and to the Beadle therof 10 s. Also I give to the Poor A [...]mes-men of our House, who be of our Livery to each man 20 s. for their relief. Item I give &c. Item. &c.
Provided alwaies, and my further will mind and intent is, that if at any time hereafter any strife variance quartel ambiguity doubt or scruple shall arise happen or grow, for or concerning this present last Will and Testament, or any devise legacy bequest, or other thing whatsoever contained in the same; Then I will and ordain, that all and every such strife &c. without any further suit or trouble, to be heard known examined tryed and finally determined by any Friends hereafter named; that is to say. The Right Worshipfull Sir W. C. Knight, the Master of the Rolls, M. R. H Esquire, Mr. T. A Haberdash [...]r, and Mr. R H. Merchant taylor, and I give to the M [...]ster of the Rolls for his pains 10 l. in money, and to the other three, to every of them for their pains, 6 l. 13 s. 4 d. and Gowns for them and their wives. And I do charge and command my said Executrix, and others, named in this my last Will and Testament, to perform fulfill and obey in all things the orders and determinations of my sa [...]d Friends in the Premisses as they will answer to Almighty God to the contrary. And as concerning Gowns of black to be given unto divers of my Friends and Kinsfolk, I leave unto the discretion of my said wife and friends. Also I will and determine that there shall be given out of the third part of [Page 658] my Goods and Cattels appointed to the performance of this my present Testament, 12. poor mens Gowns of Manzell Frize, or other Cloath at my said Friends discretion; to the poorest of St. S. Parish, 6. and in St. A. Parish other 6. And I will that there be made after my decease 12. Sermons of wise sober and virtuous Learned men; that is to say. 6. in St. S. Parish Church, and 6. in St. A. Church, at such times as my Executrix and Friends aforesaid shall think them most convenient, and the Preacher to have given to him at every Sermon 6 s. 8 d. And I will that all the charges of my Funerals and Burying shall be paid cut of the said third part of my Goods assigned to the performance of this my Testament. And as touching the disposition of all my Leases and Annuities wherof I have already made any conveyance; I will that the same, and all and every part and parcel therof, shall remain and be, according to such Covenants Grants and Conveyances as is therof made by me long before the date of these presents. And for the residue of all my said Leases and Annuities, if any remain by me not before conveyed, I will that the same be taken and Recovered amongst my other Goods and Chattels, the residue of al my Goods Chattels and Debts remaining unbequeathed after my Debts paid and my Funerals discharged, and this my last Wi [...]l and Testament in every thing performed, I wholly give and bequeath the one half therof to E. my welbeloved wife, and the other half therof to and amongst all my Children, equally to be divided to them part and part like. And I beseech Almighty God, for his dear Son Jesus Christ sake, to grant to the said E: my wife of his Grace to have good consideration of her self, and well and soberly to use it and the rest to Gods honour and her own comfort: And I make and ordain the said E. my wife, my sole Executrix of this my last Will and Testament, most heartily be seeching her that as she hath shewed her self faithfull and loving unto me whilst we have lived together so she will continue a naturall Mother towards my Children, and a Friend to my Kindred, according to her ability and their distress, as my trust is in her she will be. And I do make and ordain the said Sir W: C. Kt. H. T. A and R. H. Overseers of this my present Testament and last Will.
Provided alwaies, and I do will and ordain by these presents, that if any of my Children do make any suit trouble or demand in Law, of or for any part of my Goo [...]s or Chattels, otherwise then according to the true meaning of this my last Will and Testament, that then every of them so doing, shall cleerly loose all such Legacies or other Benefit, as they or any of them might have therby. And that all my said Children to any of them made, which shall commence any such suit trouble or demand as aforesaid, shall be as cleerly void, as if the same had never been to him given or made: In witnesse wherof I the said J. G. have subscribed this my last Will and Testament with my own hand, [Page 659] and therunto put my Seale, given the day and year first above written.
Witness A. P. &c.
A Will.
IN the name of God, Amen, the 8th. &c. in the year of our Lord God &c. and in the 17. year of the Raign &c. J I. M: Citizen &c. being in health of body and of good and perfect memory (thanks be to God) do make this my last Will and Testament, in manner and form following; that is to say, First J bequeath my Soul and Spirit into the hands of Almighty God my Heavenly Father, by whom of his meer and only Grace J trust to be saved and received into Eternall rest, through the death of my Saviour and Redeemer Jesus Christ, in whose pretious blood J set the whole and only hope of my Salvation, my wretched body in hope of a joyful Resurrection, I commit to the Earth to be buried with such charges, and in such place as my dear wife M. shall think good. And touching the distribution of my mortal goods, J dispose of the same as followeth.
First J will that all such Debts as J owe shall be truly paid.
Item, J give to my said wife M: M: 100 l. of &c. upon condition that she claim no Title or Interest of Dower or thirds of and upon my House and Land in E. in the County of M. which J have in Fee-simple.
Item &c.
Item &c.
Item, To Mr. J. F. Minister, J do cleerly forgive the summ &c. of lawfull &c. which he oweth unto me.
Item, J give and bequeath to the Company of F. of the City of L. the sum of 6 l. of &c. in such manner form and condition and to be bestowed as followeth; that is to say, That after my death the Wardens of the said Company for the time being whatsoever, or any other in that behall having sufficient authority shall lend it yearly unto 3. such poor men of the said Company as they shall think to have most need 40 s. a peece, for and during the space of two whole years next following, so that the said poor men put in sufficient Sureties for the repaying of the same, at the end of the said two years, and then to be asked and required again by the said Wardens or others, having authority for the time being, and forthwith to be delivered to 3. other [Page 660] in manner and form, and for the term aforesaid. And so I will the said 6 l. to be used from two years to two years for ever.
Provided alwaies, that the said Company shall put in sufficient Sureties unto mine Executors, or any other having right to take any such Bond of them, for the full accomplishing for ever of this my last Will herein, or else this Legacy to be of none effect: The residue of all and singular my Goods and Chattels whatsoever herein not bequeathed (the thirds due by Law and Custom unto my said wife (except the Thirds and Dowry of my said House and Lands in E. aforesaid) and also the part and portion unto my Son J. M. according to the custom of the City of L: paid and discharged) I wholly give and bequeath unto my other two Children T: M: and S. M. equally amongst them to be divided.
Item, I will and ordain that the parts and portions of my said Children, and all and every other thing and things to them belonging, shal for their behoofs, during their and every of their severall Minorities remain and be in the hands custody and governing of the said R. M. to imploy every of the same as he shall think good, for the profit and commodity of my said Children; And that if any of my said Children dye under age, that then the part portion and Legacies of him or them so dying under age, shal belong and appertain unto the Survivors or Survivor of my said Children. And I will that my said Children shal be trained and brought up in virtuous Learning, or such other honest Vocation as it shall please God to make them apt unto. And I will that A. B. shall have the education and custody of my said Son J. M. during his Minority: And that C. D. shall have the education of my said Son T. M. curing &c. And I will that E. F. shall have the education of my said Son S. M. during &c. And that my Executor out of this my last Will and Testament out of the Profits to be gotten by the use and occupying of my said Childrens Parts Portions and Legacies, shall yearly yeeld pay and allow to every of the said severall persons before severally appointed to have the severall educations of my said Children towards their finding and School 20. Nobles a peece of lawfull &c. during such time only as they shall go to School, and longer: And if the Charges therof come to more, the same to be allowed by my said Executors.
Provided alwaies, and my intent will and meaning is, that my said Executor, or any other by his title or authority, shall not sell or alienate by any means, any part or parcel of my Leases Houses or Lands, but shall let them remain in such sort as they are in at the time of my death, to my Children, and their use and behoof, in such manner and form as is aforesaid. But as for my Household Stuff, my will is that it shall be sold to the best advantage, excepting such parcels of any manner of thing as my wife shall choose out for part of her portion, if she like of any thing.
Item, I make and ordain the said R. M. to be my full whole and only Executor of this my last Will and Testament. and my very dear friends C. D. and E. F. J make and ordain Overseers of this my last Will and Testament, and I give unto every of them &c. a Peice for their pains, to be taken in the Overseeing therof, requiring them in the name of God, to see this my last Will and Testament performed accordingly: And I do utterly revoke all former Wills and Testaments by me in any wise heretofore made or declared: In witness &c.
WARRANTS.
A Warrant of Attorney to suffer a Recovery both by the Tenant and the Voucher.
York ss. COmmand Thomas Vintner, that justly &c. he render unto William Mowbray, Gent. the Mannors of T. and S. with the Appurtenances, and 100. Messuages, 50. Tofts, 10 Mills, 20. Dove-houses, 100. Gardens, 500. acres of Land, 200. acres of Meadow, 200. acres of Pasture, 100. acres of Wood, 300. acres of Furze and Heath, 10 l. Rent, and the Rent of 20. Henns, with the Appurtenances, and also free Fishing in the Water of D. within the Mannor of S. and free Warren within the said Mannor of S. And also the view of Frankpledge, and whatsoever to the view of Frank-pledge appertaineth, in T. and S. which he claims &c.
York ss. THomas Vintner putteth in his place F. B. and T. C joyntly and severally against William Mowbray in a Plea of Land to gain or loose.
York ss. RIchard Hart and Anne his wife, who Thomas Vintner calleth to Warranty, put in their place I. H. and I. C. joyntly and severally against William Mowbray in a plea of Land to gain or loose.
Taken and acknowledged the 7th. day of May 1654, befoe.
A Letter of Attorney to surrender Copy-hold Lands.
BE it known unto all men by these presents, That I A: B: &c. have made ordained constituted and appointed, and by these presents do make ordain constitute and appoint, my trusty and wel-beloved Friends C. D. E. F. G. H. &c. my lawfull Attorneys and Attorney for me and in my name, by all lawfull waies and means joyntly and severally to surrender, according to the custom of the Mannor of R. in the County of S. All such Copy-hold Lands as I have within the Parish of S: pa [...]cel of the customary Lands of the said Mannor, and all my Estate Right Title Interest Claim Possession and Demand therin and therout, and in and to every part and parcel therof, to the use and behoof of R: B: his Heirs and Assigns for ever. And further giving and granting by these presents, that they, or any three, two, or one of them, shall and may do any other lawful act and acts whatsoever, concerning the Premisses, for the better effecting therof, as fully and amply, to all intents and purposes, as I my self in person might do, ratifying and allowing the same by these presents: In witness &c.
A Warrant, or Letter of Atturney, to deliver Possession and Seisin.
TO All Christian People, to whom this present Writing shall come, M. S: of W: in the County of H. sendeth greeting: Know yee, that wheras certain Indentures are made betwixt M. S: I: S: and I: C: and E: his wife, of the one part, and K: S: of the other part mentioning or purpurting a Bargain and Sale from them the said M. G: I: G: and I: C: and E: his wife, to the said K: B: of a Messuage or Tenement called W. and divers Lands Tenements and Hereditaments to the same belonging in the said Indentures mentioned, as by the said Indentures due reference being therunto had, it doth and may appear.
Now the said M: .L hath constituted, ordained and appointed, and by these presents doth constitute, ordain and appoint R: H: his true & lawfull Atturney for him and in his name quiet and peaceable livery of Seisin and possession of the said Messuage, Lands and Tenements, with their appurtenances, or any peece or parcel therof in the name of the whole, to give and to grant unto the said K. B. or her lafwul Atturney or Atturneys in that behalf, Authorized according to the true intent purpurt and meaning of the said recited Indentures. In Witness, &c.
A Warrant or Letter of Attorney to receive possession:
TO all Christian people, to whom this present writing shall come, K: B: of N. in the County of H. Widdow, sendeth greeting, Know ye that whereas certain Indentures are made betwixt M. S. I: S: and J. C. and E: his wife of the one part, and the said K. B. of the other part, mentioning or purporting a bargain and sale from them the said M: S: J. S: and I. C: and E. his wife to the said K: B: of a Messuage or Tenement called W. and diverse Lands Tenements and Hereditaments unto the same belonging in the said Indentures mentioned, as by the said Indentures due reference thereunto being had, it doth and my more at large appear.
Now the said K: B: hath constituted ordained and appointed, and by these presents, doth constitute ordain and appoint F: F: her true and lawfull Attorney, for her and in her name quiet and peaceable Livery of Seisin and Possession of the said Messuage Lands and Tenements with their appurtenances or any part or parcell thereof in the name of the whole, to receive and take of and from the said M: S. J. S. J. C. and E his wife or their lawfull Attorney or Attorneys in that behalf authorised, according to the true intent purport and meaning of the said recited Indentures, In witness &c.
A Warrant of Attorney to confess a Judgment in the upper Bench To Mr. A. K. or any other Attorney of the Ʋpper Bench Court.
I Pray you appear, and file a common baile for me T. G. in the said Court of Upper Bench, at Westminster, in Michaelmas Term next, and there confess or suffer a Judgment to pass by default against mee the said T. G, at the suit of W. I. for a 100 l. debt by bond with Costs of suit, and for so doing, this shall be your sufficient Warrant,
dated the 10th day of August. 1653.
A Warrant to confesse a Judgemen [...].
I Pray you appear for me E. A. this pres [...]nt Hillary Term at the Suit of I. B. and file a Common baile in the Upper Bench at Westminster, at his suit and upon a Declaration of 800 l. debt upon a Bond, to be put in against me at the suit of the said J. B. I pray confess the same by [Page 664] Non sum informatus or otherwise, so that Judgment my be presently entred against me thereupon, and for so doing, this my hand and seal shall be your sufficient Warrant,
dated the 28th. day of January Anno Domino 1649.Sealed and delivered in the presence of
A Warrant to acknowledge Satisfaction.
I Pray acknowledg satisfaction upon Record for the Judgment which was entred in the Kings Bench in Michaelmas Term 17. Car against T. I. gentleman at the suit of me R: T: for 30 l. debt, and 20 s. for costs of suit, and this shall be your sufficient discharge therefore, witness my hand and seal
this 10th day of October, 1644.Sealed and delivered in the presence of
The TABLE of the Heads of the severall Conveyances and Instruments contained in this Book.
Annuities and Rent-charges.
| A Grant of an Annuity, | page 1 |
| An Annuity with power of Revocation, | 4 |
| An Annuity by Deed-Poll, | 5 |
| A Rent-charge for Service done and to be done, with power of Revocation, | 5 |
| A Grant of an Annuity to a man and his wife, passed by Fine and Recovery, | 7 |
| A Grant of an Annuity by a Lessee to his Lord issuing out of a Tenement to him demised, with a clause of Distress, | 12 |
| A Grant of an Annuity to a woman for her life after the death of her Husband, with a Clause to enter and detain, | 13 |
| A Grant ef a Rent-charge of 50. marks and a 100. shillings, Nomine poene, | 14 |
| An Annuity for term of years, with liberty to sell the Distress, | 15 |
| An Annuity granted out of a Lease, with good Covenants, | 17 |
| A Grant of an Annuity during the Grantees life, charging only the Grantors person, | 21 |
| An Annuity out of a Lease by Will continuable for life, | 24 |
| An Annuity with the Inheritance of Land assured for the same by Recovery and Fine, | 24 |
| A Grant of an Annuity out of Land for term of life, | 31 |
| A Grant of an Annuity to a man and his wife for their lives issuing out of Lands, with very good Covenants, | 32 |
| An Annuity granted for two lives, with the Inheritance of Land assured for the payment therof, | 35 |
| A Clause in a Deed of Annuity to sell the Distress, | 40 |
| A Clause to give an Acquittance upon every payment of the Annuity, | 40 |
| A Clause to put One in possession of an Annuity, | 41 |
Assignments.
| AN Assignment of Rent reserved upon a Lease, | 41 |
| An Assignment of the Lease of a Mannor of Rents reserved upon under-leases therout made, and of Bonds and Covenants made to the Vendor, | 41 |
| An Assignment of a Statute, | 45 |
| An Assignment of the execution of a Statute after the Liberate sued out, | 48 |
| An Assignment of a Recognizance, | 49 |
| An Assignment of a Recognizance for performance of Covenants, | 52 |
| Another execution of a Statute, | 54 |
| An Assignment of a Lease in Reversion well passed, | 56 |
| An Assignment of part of a Stock, adventured in a Voyage for discovery of Cathaia, | 58 |
| An Assignment of an Obligation before the same be forfeited, with good Covenants, | 59 |
| An Assignment, or Bargain of two Annuities granted to a man by a Fine, | 61 |
| An Assignment of a Lease by him that hath the same but in Mortgage, before it be forfeited, | 63 |
| Also the money payable for the Redemption assigned, &c. | |
| An Assignment of a Lease where the same is bound for the money to be paid for the same, and where there is an exception of some part of the Premisses, | 65 |
| An Assignment by an Executor of an Executor of Land holden by extent upon a Statute, | 68 |
| An Assignment of divers debts expressed in a Schedule, in consideration of a summ of money to be paid by the Assignee to the Assignor, where for better security of the payment of the consideration money, the Assignee is bound to make the Assignor his Executor, | 70 |
| The Assignment of a Recognizance inserted in an Indenture of bargain and sale, | 72 |
| An Assignment of a Lease and Gift of all the Goods a man shall have at the time of his decease, if his Daughter the Assignees wife, or any issue of her body be then living, | 74 |
| An Assignment of a Lease for lives, | 75 |
| An Assignment of a Rectory or Parsonage, Water-Mill, &c. | 77 |
| An Assignment of a Lease for 100. years, | 79 |
| A second Assignment of the same Lease, | 81 |
| An Assignment of a Mannor granted by Patent, | 82 |
| An Assignment of a Bond, | 88 |
| An Assignment of a Lease, | 92 |
| An Assignment of a Lease with Covenants to transfer the benefit of the Covenants in the Lease, and of the Bond upon the same, | 97 |
| An Assignment of two Leases, | 99 |
| An Assignment of a Lease not in Esse, | 100 |
| An Assignment of severall Terms in a Ferry granted by Letters Patents, | 102 |
| An Assignment of Lands granted by Letters Patents, | 105 |
| An Assignment of a Lease, | 108 |
| A Fine being levied for 100. years, the Fine recited and the Lands assigned, | 109 |
Awards.
| AN Award in a controversie between parties, concerning the Administration of a Deceaseds Goods, | 112 |
| An Award between Executors at strife about their Testators Goods, | 115 |
| The form of an Award indented, | 116 |
| An Award in a controversie growing, by means of a Copartnership, | 117 |
Bargains and Sales.
| A Bargain and Sale of Copy-hold Lands by Commissioners of Bankrupt, | 120 |
| A Bargain and Sale of Lands, with generall Warranty and good Covenants, | 123 |
| A Bargain and Sale of Copy-hold Land and of Free-hold Land, with Covenants for assurance of each accordingly, | 127 |
| A Bargain and Sale of Copy-hold Lands, | 130 |
| A Sale of a certain quantity of Iron to be delivered at severall daies, | 131 |
| A Bargain and Sale of Lands with the Tenants Attornment to the same, | 132 |
| The Attornment of the Tenant, | 132 |
| A Bargain and Sale by a Factor of his Constitutors Goods, to the use of whose Agent the Constitutor had taken up money by exchange on the other side of the Sea, | 135 |
| A Bargain and Sale by Brewers of their Stock in Brewing, as well Implemenes, Corn, Grain, Casks, &c. as Debts upon Tallies and Scores, with Covenants for transferring of the Debts, | 135 |
| A Wood-sale, and a Covenant to make free Copy-hold Land, | 137 |
| A very good Bargain and Sale of a Lordship and Mannor from a man and his wife, the wife having Joynture, | 139 |
| A Bargain and Sale by a man and his wife of Land in London, | 142 |
| A Bargain and Sale of a Mannor or Farm, with transferring of the benefit of the Covenants, and of a Recognizance for performance of the Covenants, | 144 |
| A Bargain and Sale by a man and his wife of a house in London, with Covenants to transfer the benefit of the Bond and Covenants, | 147 |
| A Bargain and Sale of Land by a Company in London, where the Grantee chargeth back the Land, with an Annuity to the Company for ever, | 150 |
| A Bargain and Sale of the Moyety of a Mannor and of an Advowson, | 153 |
| A Sale by Executors of Land belonging to their Testator, | 157 |
| A Bargain and Sale by an Assignee of a Patentee of concealed Lands, | 159 |
| A Bargain and Sale of a Remainder to three persons, each to have a third part, with Covenants that the Heirs of the Vendors (who may have Interest) shall not go about to reverse or adnul any Fine or Recovery by the Vendors for assurance of the Land, | 161 |
| A Bargain and Sale of the Reversion and Remainder of the fourth part of a Parsonage, | 162 |
| An Indenture where one having had a Lease mortgaged unto him and forfeited, he now conveyeth the same back to the first Vendor, conditionally he pay a summ of money by a day, [Note good Covenants in this Indenture.] | 164 |
| A Sale of Corn, | 167 |
| A Bargain and Sale of Felts, where the Vendor during the continuance of the Bargain is alwaies to have 20 l. before hand, | 168 |
| A Bargain and Sale by a Merchant of part of his Adventure in a Ship to Brasile, | 169 |
| A Bargain and Sale of a Free-hold Estate in Land for term of life, | 170. |
| A Bargain and Sale of Land where notwithstanding it is provided, that if the Vendor do pay the Vendee a certain summ of money within ten years, and a yearly Rent for the Premisses, the sale shall be void, | 171 |
| A Bargain and Sale both Free-hold and Copy-hold, with liberty that if the Vendee dislike the Purchase by a day, then the Vendor to repay the Vendee his money, and if he like then to pay more money, | 175 |
| A Bargain and Sale of all benefit growing due to one by means of an Administration, and the Vendee is to save harmless the Vendor of whatsoever he may be charged with as Administrator, | 176 |
| A Bargain and Sale of the Moyety of a Ship, | 180 |
| A Bargain and Sale of Land in London by the Mother who hath a Free-hold therin for her life, and the Son in whom the Reversion is, | 181 |
| A Bargain and Sale of Land where the same is bound for the payment of part of the Purchase money left unpaid, | 184 |
| A bargain and sale of an Annuity granted by a Fine, | 188 |
| A bargain and sale by a man and his wife, she being a Co-heir of a third part of Land in possession, and of a Moyety of another third part of the same Land in Reversion after the death of the late Husband of one of the Co-heirs, Tenant by Curtesie, | 189 |
| A sale or transport of Goods arrested and staid in Flanders by the King of Spains Authority, and of all recompence which may be had for the same, | 190 |
| A bargain and sale of a Reversion and Remainder of Land well passed, | 192 |
| A bargain and sale by Executors of a house which is devised to be sold, | 193 |
| A bargain and sale of Wooll, | 195 |
| A bargain and sale of two Co-heirs of a Reversion in Land, | 196 |
| A Bargain and sale of a Reversion, or Remainder of the third part of certain Lands, | 198 |
| A bargain and sale of an Annuity by him that hath the Grant therof from another, under condition, | 201 |
| A bargain and sale by a Co-heirs Son and Heir, of his purparty in certain Land, | 202 |
| A bargain and sale of a Rent-charge, | 204 |
| A bargain and sale of a Reversion or Remainder in Land, well passed, | 207 |
| A bargain and sale of Land upon condition for payment of a summ of money, | 210 |
| A bargain and sale of Goods, with condition for Redemption, | 211 |
| Another of Goods &c. with some difference in the form. | 213 |
| A bill of sale of Goods for payment of debts, | 214 |
| Of Goods and Chattels to a mans Son, | ibid. |
| A Deed of Gift referring to a last Will, with a clause for power of Revocation, | 215 |
| Bills of sale and Deeds of gift by Indenture, | 216 |
Covenants and Conveyances for setling of Lands by Fine, Recovery, &c.
| A Covenant for a Recovery by a Writ of right Patent in London to strengthen a Lease where the Land is entailed. | 218 |
| An Indenture tripartite for setling of Lands upon a Marriage, | 219 |
| Covenants, Conditions, and Provisoes in Conveyances for setling of Estates, | 229 |
| An Indenture to lead the use of Recovery, | 238 |
| For suffering a Recovery to make a Fee-simple, | 239 |
| For the keeping of a Child and his Portion, | 241 |
| For levying of a Fine to strengthen a Lease before made in Reversion, | 243 |
| Wherby the Father covenanteth with his Son and Heir apparant, to Estate him and his wife in certain Lands before a day limited, | 244 |
| An Indenture of limitation of Ʋses upon a Marriage, | 247 |
| An Indenture of Covenants of Marriage for assuring a Joynture, | 260 |
| Covenants for setling Estates, | 266 |
| Settlement of Estate, | 287 |
| Assurances, | 290 |
| Settlement of an Estate, | 296 |
| An Indenture of Covenants to levy a Fine, and suffer a Recovery in ancient Demesne, | 310 |
| A Covenant to stand seised, | 313 |
| An Indenture where Land having been forfeited upon an Indenture of Mortgage, the Mortgagor re-assureth the same to the Mortgagee by raising of use upon a Covenant, if the Mortgagee pay a certain summ of money at a day, | 315 |
| An Indenture for raising of Ʋses in Land, with condition that if any of the Ʋsees go about to alter the Estate-tail, his Estate shall cease and the next in Remainder enter, and condition also that the Donor may alter the Ʋses at his pleasure, | 317 |
| An Indenture of Covenants to suffer a Recovery in London, wherby the Land recovered is assured to the Bargainer, in case a summ of money (being the Purchase money) be not paid, albeit the rest of the assurances to the Vendee be absolute, | 320 |
| A Covenant to suffer a Recovery of Copy-hold Land by a Plaint in a Court-Baron, after the order of a Recovery at the common Law, | 321 |
| An Indenture for knowledging of a Fine and Recovery of Land, and leading the use therof, with Covenants of Warranty and discharge of Incumbrances, | 323 |
| An Indenture for acknowledgment, and leading the use of a Fine and Recovery, | 326 |
| An Indenture for acknowledging of a Fine of Rent, | 327 |
| A Covenant to convey Land and Rent to the use of a Colledge, | 329 |
| Covenants between a high Sheriff and his under Sheriff, | 331 |
| An Indenture for building of a house, both Carpenters work and Bricklayers work, | 339 |
| An Indenture of Covenants where Carpenters have bargained to pluck down an old house, and build a new by a day in a certain form prescribed, | 342 |
| Articles of agreement amongst Creditors for levying their Debts due by their Debtor, | 344 |
| Articles of agreement between Debtors and their Creditors, about composition for Debts, | 348 |
| An Indenture where a Citizen of London dyeth, having Debts owing him beyond the Sea, his Executor covenanteth with his wife (who is to have a third part therof) to set his Factor to gather them in, and alwaies as they shall be gotten, to answer the woman her part accordingly, | 351 |
| An Indenture between the Overseers of a Will, and one that marrieth the wife an Executrix of the deceased, concerning the Childrens Portions. | 352 |
| An Indenture of Covenants amongst three persons having a Lease, that every of them shall bear a third part of Rent and all Charges &c. | 354 |
| An Indenture of Covenants, where five persons have laid out a summ of money upon a Lease in Mortgage, that every of them shall have equal and ratable benefit in the Lease &c. | 355 |
| An Indenture where one having taken a Lease of a Shop and bought a stock of Wares therin upon Credit, for which Wares A. B. giveth a Bond; the Buyer for A. B. his Indemnity assigneth him the Lease, and entreth Covenant, that if he himself make default in payment, A. B. shall enter into the Shop, and seise all the Wares for payment of the Debt, | 358 |
| An Indenture of Covenants, between a man and a woman to be married, where the Husband doth covenant not to defeat the wife of a third part of Goods after the Custom, and to suffer her to make a Will dying before him, and where the woman hath assured Copy-hold Land, and entreth Covenants for Warranty, | 360 |
Defeazances.
| A Defeazance upon sundry assurances had for payment of a summ of money▪ extending (gradibus) to extinguish the same Assurances, as the Debt from time to time shall be cut off and satisfied, | 363 |
| An Indenture of Defeazance after Land Mortgaged is forfeited upon [Page] the Indenture of Mortgage, with Covenants that if the Mortgager pay the money at the new day agreed upon, then he to stand seised to his own use, and the Mortgagee to do all things required for re-assurance, | 365 |
| A Defeazance of a Statute for payment of money tripartite, where the Statute being made to two, the one covenanteth with the other not to release, nor do any prejudice, wherby each party may not receive his Moyety, | 367 |
| A Defeazance of a Statute made to three, to save them harmless of Bonds entred into by the Conuzor, where the Conuzees promise to deliver in the Statute when all payments are made, and where the Conuzees covenant one with another not to discharge the Statute without consent, | 368 |
| A Defeazance of a Recognizacce in Chancery, | 376 |
| A Defeasance of a Statute-staple, | 378 |
| A Defeazance of a Judgment in the Ʋpper Bench, | 379 |
| A Defeazance upon a Judgment, | ib. |
| A Defeazance upon an assignment of a Lease, and a Recognizance for money lent for certain years, where after the rate of 10 l. per cent. is yearly reserved, payable during the Borrowers having the money lent, | 308 |
| A Defeazance upon a Statute-staple, | 382 |
| Ʋpon a Statute for the warrant of an Annuity, | 383 |
| Ʋpon a Statute for payment of money, | 384 |
| Ʋpon a Recognizance with a Condition, | 384 |
| Ʋpon an Indenture to which it relateth, | 385 |
| Ʋpon a Statute-staple, | 386 |
| To save harmless a Surety, | 387 |
| Ʋpon performance of Covenants upon a Marriage, | 388 |
Deputations.
| A Deputation of a Clerk-ship of the Peace, | 371 |
| A Deputation of a Steward-ship, |
Feoffments.
| A Feoffment towards the performance of the Covenant of further assurance in an Indenture of bargain and sale, with a Letter of Attorney in the same to deliver Seisin, | 390 |
| The indorsement of livery of Seisin upon his Deed, | 391 |
| A Feoffment of Land for performance of a Will, and after to the use of a mans Children, with a Proviso to defeat the Devise, if the Feoffor [Page] will, penned by uery good Councell, | 392 |
| A Note of one of the Liveries of Seisin, with the Attornment of the Tenants of one of the Mannors, | 395 |
Grants.
| A Grant of the Rent and Reversion of a house during the Grantees life, with condition that if the Lease in Esse determine before the Grantees death, that then the Grantor may let the Premisses, reserving so much rent to the Grantee during his life, | 370 |
| A Grant of Lands in Exchange, penned by Edmund Plowden Esquire, | 397 |
| A Grant of a Free-hold Estate in Land for term of life, | ib. |
| The Grant of a Reversion, | 398 |
| The endorsement upon this Deed, | 400 |
| A Grant of a Clerk-ship of a Court, | ib. |
| A Grant of a Leet, Park, and free Warren, | 401 |
| Of a Stewardship, | 403 |
| Of the Clerk-ship of the Peace by a Custos Rotulorum, | 404 |
| Of an Extent. | 405 |
| Of the next Avoider of a Parsonage, | 406 |
| Of a Presentation from the King, | 407 |
| Of an Advowson from a [...]ommon Person, | ib. |
| Of a Presentation by a private Person, | 408 |
| An Indenture between the Patron and Vicar, | ib. |
| Of a Manumission, | 409 |
| Of the Office of a Receiver and Surveyor, | 410 |
| Of a Keeper of a Park, | ib. |
| Of an Auditor-ship, | 411 |
| Of a Bayliwick, | 412 |
| Of a Deputation or under-Stewardship, | ib. |
| Of a Ward within age, | 413 |
| Of an Advowson of a Parsonage in Fee, | ib. |
| Of a Donation of a free Chappell, | 414 |
| Of an Annuity given to a Servant for promotion in Marriage, | ib. |
| Of a chief Rent, Homage and Service, | 415 |
| Of an Annuity for Councel not to be charged upon the person of the Grantor, | ib. |
| Of an Annuity to the use of a woman, to begin after the death of the Grantor, | ib. |
| Of a Reversion, | 416 |
| Of an Annuity, with condition, that the wife shall claim no Dower, | ib. |
Joyntures,
| AN Indenture for a womans Joynture, containing Covenants for gift of money, Apparell and Marriage Dinner, | 372 |
| A womans Joynture in Land, where if any of the Land be evicted from the woman, Ʋse is raised to her in other Land during her life, | 373 |
| A womans Joynture of Land in London, passed by way of Recovery, | 418 |
Leases.
| A Lease of Woods, with divers good Covenants, | 422 |
| A Lease of Herbage and Pawnage of Wood-grounds, the Woods being formerly granted, | 425 |
| A Lease of Copy-hold Land, with recitall of the Lords Licence Admittend. | 427 |
| A Lease to one during the life of himselfe, his wife, and their Child unborn, or another to be nominated in stead therof, with provision that the Husband shall leave his wife his Land, if he dye before her, | 429 |
| A Lease in Reversion after the expiration, surrender, or forfeiture of another former Lease, | 431 |
| A Lease of a House in London, where part [...] the Rent is taken up by way of Fine, and where the House having been the Lessors place of occupying his Trade in, the Lessee is bound to gather in certain the Lessors Debts, | 433 |
| A very good Lease of a Brewhouse and brewing Vessels, with very good Covenants, and a Covenant to stand to award if any controversie rise between the parties, upon any matter in the Lease, | 436 |
| A Lease of a House in the Country in Reversion, with Covenant to pay Herriots, | 441 |
| A Lease of a Garden for 1000. years, with Covenant to convey over the Fee-simple of the Premisses to the Lessee or his Heirs if they require it, | 463 |
| A Lease of a Wind-Mill, | 468 |
| A Lease of a House in London by a man and his wife who have two parts therof in the wives right during her life, and by the Son of the woman who hath the third part therof in Fee, and the Reversion of the other two parts after the womans decease, | 479 |
| A Lease made to the intent the Lessee with the Rents and profits of the Land shall pay the Lessors Debts, | 483 |
| A Lease of a House in the Country for life, with Covenant by the Tenant to pay Herriots, beare charges in time of War, and do other services, which for the Premisses formerly had been accustomed, | 485 |
| A Lease of Free-hold Land for lives, also a Letter of Attorney to surrender Copy-hold Land for the same lives, and to deliver possession, | 489 |
| The Letter of Attorney depending upon the former Indenture, | 491 |
| A Lease of a House by Tenant in tail well passed, | 499 |
| A Lease by a Master and Fellows of a Colledge, | 503 |
| An Indenture wherby the Lessor demiseth another Tenant, if the Lessee be evicted of the first, | 505 |
| A Covenant for further assurance, | 507 |
| A Lease for 100. years in Reversion after a life, | 508 |
| Of a Hundred Court or Leet by the Queen, | 509 |
| A Lease made for indemnity of Sureties, | 511 |
| A Lease in Reversion after two lives, | 512 |
| A Lease with many Reservations besides the Rent, | 513 |
| A Lease made in consideration of the surrender of a former Lease, | 514 |
| A Lease of a Moss Room, | 514 |
| A Lease of Tithes belonging to a Free school, | 516 |
| Of a Rectory Impropriate, | 517 |
| Of a Parsonage for term of life, | 518 |
| And for non-paymeat a clause for Re-entry, | 519 |
| Of a Mannor for years, | 520 |
| A Covenant of the Leassor for the quiet enjoyment and discharge of all former Incumbrances, | 522 |
| A Covenant by the Lessor for further assurance, | ib. |
| A Lease of a Mannor, with a Covenant that the Land only by Distress, and not the person of the Lessee shall be lyable to the Rent reserved, | 523 |
| A short Lease of Lands for a term, the Rent to be paid after the Lessors decease to his Heir in tail, | ib. |
| A Lease of a House in London, | 524 |
| A Lease of Lands revokable upon payment of a summ of money to a Daughter, | 526 |
| A Re-demise of a Messuage, | 529 |
| A Covenant that the Lessor may come into the Premisses to view the Reparations. Et ut antea, | 530 |
Letters of Attorney.
| A very good President of a generall Letter of Attorney, drawn and penned by Councel, as well concerning the disposition of Lands as [...]oods, | 472 |
| A Letter of Attorney for a Wood-sale, with allowance for the Attorneys pains, | 476 |
| A Letter of Attorney to receive the profits of a Parsonage, | 477 |
| A Letter of Attorney to surrender Copy-hold Land for lives, and to deliver possession, | 491 |
| To sue for a Debt due by a Bill of Exchange, to the Attorneys own use, with a Covenant that the Debt is undischarged, | 531 |
| To deliver a Deed, | 532 |
| From severall Executors and Administrators to sue, under-Sheriffs and Bayliffs of Hundreds, or for Goods &c. wrongfully taken, by colour of their Office, | 533 |
| To receive the Rents of a Mannor, and for non-payment to re-enter, | 534 |
| To enter into Land for non-payment of a Rent reserved upon a lease, | ib. |
| To receive the profits of Lands extended, | 536 |
| To surrender Copy-hold Land, | 537 |
| Another of the same, | ib. |
| To make entry into Lands, | 538 |
| To sue for Lands, | 539 |
| To receive money, | 540 |
| For collecting Debts, | 542 |
| To receive Writings and seal a Counter-part of a Deed, | ib. |
| To take possession of Lands upon a Liberate, | 543 |
| See more Warrants, | 661 &c. |
Letters of Substitution.
| A Letter of Substitution, | 478 |
| A Letter of Substitution to sue for money, | 541 |
Mortgages.
| A Good Mortgage, | 445 |
| A Release upon a Mortgage forfeited, and a further day given, | 450 |
| Of a Demise of a Messuage &c. | ib. |
| A good Mortgage by Deed enrolled, and Defeazance therupon with a clause if the money be not paid according to the Proviso, that the Mortgagee paying a further summ shall have the land est [...]blished, | 455 |
| A good Mortgage by way of lease for 500. years, | 459 |
| A Lease of Land for 500. years, for assurance of payment of a summ of money, with Covenants for Attornment of the Tenants of the Premisses, and for the assuring of land to the Lessee and his Heirs for ever, and request it if breach of payment be made &c. A Lease devised to avoid Bargain, livery and enrolling &c. | 466 |
| A Lease of a Rectory and Parsonage for 300. years conditionall for payment of money, containing very good Covenants, amongst which one to convey the fee in case of breach of payment, if the Mortgagee will, | 486 |
| A Mortgage of Land to two in Common, | 492 |
| A Mortgage of Land to save harmless of certain Bails and Surety-ships, | 495 |
| A Mortgage of one peece of Land to make assurance of another peece of Land by a day, and a Covenant that if the Land Mortgaged be redeemed, and after sold, the Vendee shall have the preferment to buy it before another, | 545 |
| A very good Mortgage of a grand Lease, and of the Rent of an under Lease therunto made, with Covenants to transfer the benefit of a Bond and Covenants, and a Covenant that the Mortgagor shall deliver the possession of the Premisses Mortgaged, if he fail in payment, | 548 |
| A Mortgage of a grand Lease, with the Rent reserved upon an under Lease therunto made, also an Assignment of the Covenants and Bond made by the under Lessee, | 551 |
| A Mortgage of a Reversion of land in London passed by way of Recovery, the same Reversion being in the Mortgagor, and the Heirs of his body, and the Recovery being brought also against the Tenant for life, a woman and her Husband, | 554 |
| A very good Mortgage of land, with a Revocation of Ʋses therof declared in a former Indenture, where also it is provided, that if the money be paid accordingly, then the lands to be to the Ʋses contained in the said former Indenture, | 557 |
Partition.
| AN Indenture tripartite for division of land holden by lease into four parts by lots with very good Covenants, | 561 |
| A partition between two Brothers, to whom lands are joyntly given by their Fathers Will, | 564 |
| An Indenture of Partition betwixt Co-heirs, | 568 |
| Of Partition betwixt three Joynt-tenants, | 572 |
| An Indenture of Partition Quadri-partite, | 576 |
| Another Partition between Co-heirs of Houses, | 578 |
| A division of Land between the Owners therof in Fee-simple, with good Covenants, | 580 |
Partnership.
| A Partner-ship between two of severall Trades, where each severall parties industry used in his severall Trade, the gain is to re-dound to both parties benefits, | 582 |
| A Partner-ship where one alone is bound to follow the Trade, | 586 |
| A Partner-ship be [...]ween Merchants Adventurers, | 588 |
| A Division of Partner-ship well passed, | 590 |
| A Presentation, | 595 |
Provisoes.
| POwer to make Leases, | 596 |
| A Proviso to grant any part of Lands for Wives Joynture, preferment of Children, or Leases for years or lives, | 597 |
| A Proviso for liberty to the Son and Heir to make Joyntures, grant Annuities, and assign Lands for raising Daughters Portions, and that the Son shall not impeach any act done by the Father, | 597 |
| That the Heir may make all Leases, so that the same may not impair any Estate made by the Father, | 598 |
| For liberty to make Leases, with some difference from the former, | 599 |
| A Proviso of Revocation in the same Deed, | 600 |
| A Proviso to make void a Lease for non-performance of Covenants. [See more Title Covenants,] | 601 |
Releases.
| A Lease for a year, wheron to ground a Release, | 602 |
| The Release, | ib. |
| A Release of title to Land, | 605 |
| An Acquittance upon Indenture of Mortgage, with a Release of all Covenants in the same, and of the Mortgagees claim in the Land Mortgaged, | 606 |
| A Release in Land by one Joynt-tenant to another, | 607 |
| A Release by one Executor to another of the Debts due by the Testator at his decease, | 608 |
| Of title to Lands, | ib. |
| Ʋpon a Mortgage, | 610 |
| From a man to his Ward, | ib. |
| A Release of Errors, | 611 |
| Another Release by Executors, | ib. |
| Of a Joynture and Dower, | 612 |
| Of Lands and Actions, | 613 |
| For receipt of Writings, | ib. |
| An Acquittance made by an Attorney, | 614 |
| Another release of Errors, | ib. |
| A release of Errors in a Fine, | 615 |
| A generall release touching Evidences and Writings, | ib. |
| A generall release by Executors, | 616 |
| Of Tithe Lead Oare, | 617 |
| A release with Warranty, | 618 |
| By a Substitute to an Attorney, | ib. |
| For a Legacy. | 619 |
| For a Debt, | ib. |
| A Release made by mediation of Friends to certain Lands, and to certain Rent, | 620 |
| A Release by him that suffered a Recovery in Land to the Recoverer after the Recovery passed, | 622 |
Revocations.
| OF Ʋses in former Indentures mentioned, according to the power therby given, | 623 |
| A Declaration of Ʋses upon the Revocation above written, | 625 |
| Another Deed of Revocation, | ib. |
| A Clause of Revocation, | 626 |
| A Proviso for Revocation of part, | ib. |
Surrenders.
| OF Tenants for life, to the end a Recovery may be had to make Lands in Fee-simple, with a Reversion of their Estates, | 628 |
| Another short Deed of Surrender, | 629 |
| A Surrender of a Ioynture upon condition, | 630 |
| A Surrender by Tenant for life to him in Reversion or Remainder, to the intent to have a Recovery to pass, | 631 |
| A surrender of a Lease, | 632 |
| A form of a Surrender, | 633 |
| A surrender of Copy-hold Land conditionall, | ib. |
Trusts.
| TRust for the maintenance of wife and Children, | 635 |
| To sell Land to pay Debts and Legacies, | 637 |
| A Declaration of a Trust concerning Conveyances taken in other mens names, | 638 |
| An Assignment to Feoffees in Trust, | ib. |
Uses.
| AN Indenture to declare the use of a Fine and Recovery levyed and suffered, | 642 |
| To declare the Ʋses of a Fine and Recovery levyed and suffered | 643 |
| An Indenture to lead the use of a Fine levyed, | 644 |
| To declare the use of a Fine levyed, | [...]b. |
| Ʋses. | 645 |
Warrants.
| A Warrant of Attorney to suffer a Recovery both by the Tenant and the Vouchee, | 661 |
| A Letter of Attorney to surrender Copy-hold Lands, | 662 |
| A Warrant or Letter of Attorney to deliver Possession and Seisin, | ib. |
| A Warrant or Letter of Attorney to receive possession, | 663 |
| A Warrant of Attorney to confess a Iudgment in the upper Bench, | ib. |
| A Warrant to confess a Iudgment, | ib. |
| A Warrant to acknowledge satisfaction, | 664 |
Wills.
| A Citizens Will with devise of Lands, | 649 |
| A Devise depending on an Indenture to convey lands and Rent to the use of a Colledge, | 653 |
| A Note touching the disposition of Lands to a Corporation: as the same be not within the Statute of Mortmain, | 655 |
| A Citizens Will, | 659 |
| A Will. |