A DEFEASANCE OF A STATVTE, Entred into for the performance of Covenants, contained in Indentures.

THis INDENTURE, made, &c: Between A. of the Parish of R. in the County of York Yeoman, of the one part, and B. of L. in the County of Kent Gentleman, and C. of S. in the County of Hertford Clothier, on the o­ther part, Witnesseth, that whereas the said B. and C. by their Bond or Recognizance in the nature of a Statute for the Recovery of Debts made and provided, and ac­knowledged before Sir I. P. Knight, Lord Chief Justice of Eng­land, and bearing date the 17 day of June last past, before the date of these presents, did joyntly and severally become bound unto the abovenamed A. in the summe of, &c. of current Eng­lish mony, to be paid unto the said A. his Executors or Assigns, at or upon the feast of the Nativity of Saint Iohn Baptist next ensuing the date of the said Statute, as by the same more at large appeareth; Nevertheless it is concluded and agreed between the said parties, and the said A. is well contented and pleased, and doth for him, his Heirs, Executors, Administrators and As­signs, covenant and grant, to and with B. and C. and either of them, their or either of their Executors, Administrators and [Page 2]Assigns, in manner and form following: That is to say, that if the said B. his Heirs, Executors and Assigns, shall and do well and truly observe, perform, fulfill and keep, all and singular the Covenants, Grants Articles and Agreements, which on the part and dehalf of him the said B. are to be performed, fulfilled, and kept, specified and contained in certain Indentures made be­tween him the said B. of the one part, and the above-named A. on the other part, bearing date the 10. day of Iuly last past be­fore the date of these presents, That then the said Bond, Recog­nizance and Statute to be utterly void, frustrate, and of none effect, or otherwise to be, and remain in his full force, strength, and vertue.

¶ An Indenture of Bargain and Sale to be inrolled.

THis Indenture made, &c. Between I. H. of B. in the Coun­ty of C. Yeoman on the one part, and E. H. of R. in the County of Middleseex Esquire, on the other part, Witnesseth, that the said I. H. for and in consideration of the summe of 300 l. of current English mony, before the ensealing hereof, by the said E. H. unto him the said I. H. well and truly paid, whereof and wherewith the said I. H. doth acknowledge himself to be fully and wholly satisfied and payed, and doth thereof, and of every part and parcel thereof, acquit and discharge the said E. H. his Heirs, Executors, Administrators and Assigns, and every of them by these persents, Hath given, granted, bargained, and sold, and doth by these presents give, grant, bargain and sell un­the said E. H. his Heirs and Assigns, all that his principal Mansi­on or Messuage, together with all barns, stables and other edi­fices and buildings whatsoever to the same belonging, or in any wise appertaining, and 2 gardens, 6 acres of Land, 50 acres of Meadow, 50 acres of Pasture, 4 acres of Wood-ground, contai­ning in the whole six score and eighteen acres of land, meadow, pasture, and wood, whether more or lesse, situate, lying, and being in B. in the said parish of B. in the County of K. aforesaid, [Page 3]and now in the several tenures & occupations of I. H. & M. G. or one of them, their Assignee or Assignees, and the reversion or reversions, remainder and remainders of the same, and of every part and parcel thereof, together with all tenements, rents, com­modities, and other hereditaments whatsoever, with their ap­purtenances, and also all wayes, easements, and all and every o­ther profits or commodities with their appurtenances, to the said Mansion-house or Messuage, or other the said premises, and e­very, or unto any part or parcel thereof belonging, or together with the same at any time heretofore, or at this present had, oc­cupied, or enjoyed, or reputed, accepted, or taken as part, par­cel, or member of the same, or any part thereof. And further­more for, and in, and upon the consideration aforesaid, he the said I. H. hath given, granted, bargained and sold, and doth by these presents give, grant, bargain and sell, unto the said I. H. his Heirs and Assigns, all those his several Mansions, Messuages or lands, with their appurtenances, and all and singular edifices and buildings, to them, or either of them belonging, or in any wise appertaining, in the several tenures and occupations of O. N. P. R. S. F. or of their Assignee or Assignees, together with all and sigular the lands, tenements, rents, commodities, and other he­reditaments, to them, every of them, or any of them belonging, appertaining, or had, used, occupied, or enjoyed with them, or in them, situate, lying and being in B. in the said parish of B. in the said County of Kent, and containing in the whole, by esti­mation, 30 acres of land, meadow, and pasture; And the rever­sion or reversions of the said three several Messuages or Tene­ments, and of all and singular other the premises, and every of them, together with all and singular wayes, easements, and all other profits or commodities whatsoever to them or any of thē belonging, or in any wise appertaining, or being, or reputed, or at any time heretofore accepted or taken, to be part, parcel, or member of them or any of them: And also all that the Close of him the said I. H. commonly call'd and known by the name of Hedgsus Ham, with the appurtenences, situate, lying, and being in the said County of Kent: And the reversion and rever­sions, remainder or remainders thereof, and of every part and parcel thereof: And also all and singular his lands, tenements, [Page 4]rents, services, commodities, and all other his hereditaments, whatsoever, with all and singular the appurtenances: And the reversion or reversions, remainder or remainders of them and every of them, together with all buildings, easements, profits, & commodities whatsoever to them or any of them belonging, or in any wise appertaining, situat, lying and being in the Town or Hamlet of B. H. B. or else wheresoever in the said County of K. And furthermore, the said I. H. for and upon consideration aforesaid, hath given, granted, bargained and fold, and doth by these presents, for him, his Heirs and Assigns, give, grant, bargain and sell unto the said E. H. his Heirs and Assigns, Bargain and sale of the Deeds & Có­veyanc [...]s, con­cerning the premises. all and singu­lar Deeds, Charters, Escripts, Fines, Exemplifications of Fine or Fines, Exemplifications of Recovery or Recoveries, and all other writings whatsoever, being, or in any sort concerning the said premises above specified by these presents given, granted, bargai­ned and sold, or meant or intended to be by the same given, granted, bargained and sold, or any part or parcel thereof, the which I the said I. H. or any other party by his consent or ap­pointment, hath in his or their hands, custody and possession, To have and to hold the said Messuage or Tenement, the said 20 a­cres of Land, 50 acres of Meadow, 50 acres of Pasture, 4 acres or Wood-ground, and also the 30 acres of Land, Meadow, and Pasture to three of the Messuages or Lands belonging, and al­so one close called H. and all and singular other the premises whatsoever, with all and every their appurtenances, unto the said E. H. his Heirs and Assigns for ever: Proviso, that if the Bargai­ner, &c. pay such a sum, at, such a day, that then the bargain and sale shall be void. Provided alwaies, and upon condition, thát if the above-named I. H. his Heirs, Executors, Administrators and Assigns, do content, satisfie and pay, or cause to be well and truly satisfied, contented and paid, unto the said E. H. his Heirs and Assigns, at or upon the 20 day of Octob, which shal be next and immediatly ensuing the date here­of, at or in the South porch of the Parish Church of Rolve [...] ­den in the said County of Kent, the just and intire summe of 300 and 50l. of current English mony, that then, and from thenceforth this present gift, grant, bargain and sale, and every clause, article and agreement therein specified, shall be utterly void, frustrate, and of none effect, any thing before specified un­to the contrary in any wise notwithstanding: And it is further [Page 5]covenanced, granted, conditioned, Covenants, that all con­veyances made, or to be made, shall be to the uses, & under the có­dition, in this Indenture specified, and to no other use or pur­pose whatsoe­ever. concluded and agreed upon between the said parties, That all and singular Fine and Fines levied or to be levied, Feoffment or Feoffments, and all and eve­ry other covenants, conveyances or assurances whatsoever by the said I. H. his Heirs and Assigns made, or to be made, shall be to the only uses, intents and purposes, and under the condition in this present Indenture specified and contained, and to no other use, intent or purpose whatsoever. In Witness whereof, the par­ties above-named, to these present Indentures, their hands and Seals interchangeably have put, the day and year first above-written.

¶ An Indenture of Covenants upon the above-written Indenture of Bargain and Sale: the which is drawn and made by it self for the avoi­ding of the charges of Inrollment.

THis INDENTURE made, &c. Between I. H. of B. in the Parish of B. in the County of Y. Yeoman, on the one part, and E. H. of R. in the County of K. Gentleman, on the other part, Witnesseth, that whereas the said I. H. by his Indenture of gift, grant, bargain and sale, being of the date with these pre­sents, and for and in consideration of the summe of 30 [...] l. of cur­rent English mony unto the said I. H. by the abovenamed E. H. before the ensealing of the said Indenture, well and truly con­tented, satisfied and paid, did give, grant, bargain and sell unto the said E. H. his Heirs and Assigns, all that his principal Man­sion or Messuage, together with all barns, stables, and all other edifices and buildings whatsover to the same belonging, or in any wise appertaining; And two gardens, 20 acres of Land, 50 acres of Meadow, 50 acres of pasture, 8 acres of Wood-land, containing in the whole, by estimation, sixscore and eight acres of Land, Meadow, Pasture and Wood-ground, whether more or lesse thereof there to be had, situate, lying and being in Bol­lings, alias Bollinge Horton, and Brandesend in the said Parish of Brandeford in the County of York aforesaid, being in the several [Page 6]tenures and occupations of the said I. H. M. H. or their Assig­nee or Assignees; And the reversion or reversions of the same, and of every part and parcel thereof, together with all and sin­gular lands, tenements, rents, commons, and all other heredita­ments whatsoever, with their appurtenances; And also all ways, easments, and all and every other profits & commodities, with th'appurtenances to the said Mansion or Messuage, & other the said premises, and unto every, or unto any part or parcel thereof belonging, appertaining, or together with the same at any time before the ensealing of the said Indenture, or at the time of the ensealing thereof, had, used, occupied or enjoyed, or reputed, ac­cepted or taken as part, parcel, or member for the same, or any part thereof: And furthermore, whereas the said I. H. for the consideration aforesaid, did give, grant, bargain, and sell unto the said E. H. his Heirs and Assigns, all those his three several Mes­suages of Tenements, with the appurtenances, and all and singu­lar edifices and buildings, to them or any of them belonging, or in any wise appertaining, in the several tenures and occupations of W. C. M, P. R. G. or of their Assignee or Assignees, together with all and singular lands, tenements, commons, and all other Hereditaments whatsoever, to them, and every of them, or any of them belonging, appertaining, or had, used, occupied, or enjoyed, with them or any of them, situate, lying & being in B. aforesaid in the parish of B. in the said County of York, and con­taining in the whole, by estimation, 30 acres more or less of land, meadow, and pasture. And the reversion or reversions of the said three several Messuages or Tenements, of all and singular other the premises, and of every of them; together with all and singular Easments, and all other profits and commodi­ties whatsoever to them or any of them belonging, in any wise appertaining, or being reputed, or at any time before the ensea­ling of the said Indenture accounted or taken as part, parcel or member of them, or any of them; And also all that the Close of him the said I. H. commonly called and known by the name of H. with the appurtenances, situate, lying and being in the said parish of B. in the said County of York. And the reversion or reversions, remainder or remainders, and of every aprt & par­cel thereof; And also all and singular other the lands, tenements, [Page 7]rents, services, commons, & all other hereditaments whatsoever, with all and singular the appurtenances, and the reversion or reversions, remainder or remainders of them or every of them, together with all liberties, easments, profits and commodities whatsoever to them or any of them belonging, or in any wise appertaining, situate, lying and being in the Town or Hamlet of B. in the parish of B. or in any other village, hamlet, town or place whatsoever in the said County of York. And furthermore, whereas the said I. H. for and upon the consideration aforesaid, did give, grant, bargain and sell unto the said E. H. his Heirs and Assigns, all & singular Deeds, Charters, Escripts, Fines, Exempli­fications of Fine or Fines, Exemplifications of Recovery or Re­coveries, & all other writings & ingagements whatsoever belon­ging or in any sort concerning the said premises, above by these presents given, granted, bargained or sold, or meant or intended to be by the same given, granted, bargained or sold, or any part or parcel thereof, the which the said I. H. or any other person or persons by his or their assent, consent, or procurement, hath or have in his or their hands, custody and possession, or may any way come unto him or them; To have and to hold the said for­mer several Messuages or Tenements, the said 20 acres of Land, 50 acres of Meadow, 50 acres of Pasture, 8 acres of Wood-ground: And also the said 30 acres of Land and Meadow, and Pasture, to three of the said Messuages or Tenements belonging, and the said Close called H. and all and singular other the pre­mises whatsoever, with all and every their appurtenances, unto the said E. H. his Heirs & Assigns for ever: Covenants that the Bar­gainor was seized in Fee-simple or Fee-tayl of part of the premises; and that they are in such places, and known by such names; & may be sold, as in the said reci­ted Indenture is specified, & that there is such a quanti­ty of acres, every acre ac­cording to the measure al­lowed by Sta­tute. Now it is fully & absolutely condescended, concluded, and agreed upon, by and between the said parties to these presents, in manner and form following, And first the said I. H. for him, his Heirs, Executors, Administrators and Assigns, doth covenant, promise and grant, to and with the said E. H. his Heirs, Executors, Administrators and Assigns, That the said I. H. was at the time of the ensealing of the said Indenture, lawfully seised in fee-simple of and in four Mansions, Messuages, and Tenements, in the tenure or occupati­ons of them the said I. H. M. H. W. C. M. P. & R. S. and of and in such Lands, Meadows, Pastures, Wood-grounds and other Hereditaments, And in such Parishes, Towns and Hamlets, cal­led [Page 8]and known by such name or names, as in the said recited In­denture they are specified, set forth, and conveyed. And that the said former Messuages, and the lands, tenements, meadows, pa­stures, Wood-lands, and all other the premises, with th'appurte­nances in the said recited Indenture specified and contained, and the use and uses thereof, are, and may be conveyed, given, granted, bargained and sold, by such name and names, in such manner & form as they are in and by the said recited Indenture set forth and expressed, limited & appointed; And that the said Lands, And that the bargainer was seized in his demean as of fee, or as of fee-tail, of so much of the premises as a­mount to 25 l. per annum. And that the bargainer was seised in rever­sion (the estate in possession being but one life, & no more) of the residue of the premises a­mounting un­to 25 l. per an. And that all the premises bargained & sold amount unto the clear yearly value of 50 l. Meadows, Tenements, Pastures, Wood-ground, & other the premises in the said recited Indenture contained, are of such quantity, and contain such number of acres, every acre being ac­counted according to the measure allowed by Statute for the measuring of land enacted, as in the said recited Indenture is particularly expressed and set forth; And that the said I. H. at the insealing of the said recited Indenture was seized in possessi­on in his demean as of Fee, of so much of the said premises in the said recited Indenture given, granted, bargained, conveyed, and sold, as amounts unto the clear yearly value of 25 l. of current English money, over and above all charges and reprizes what­soever: And the said I. H. was at the time of the ensealing of the said recited Indenture seised in reversion, in fee-simple or fee-tayl, and the estate and interest in possession, being but one life only and no more, of such part, residue of the said premises, by the said recited Indenture given, granted, conveyed, bargained and sold, or meant, or intended to be by the same given, gran­ted, conveyed, bargained & sold, as doth amount unto the clear yearly value of 25 l. over and above all charges and reprizes whatsoever: And that all the whole premises by the said reci­ted Indenture given, granted, bargained, conveyed & sold, or meant or intended to be by the same given, granted, bargained, conveyed and sold, being in possession, and reversion, are of the clear yearly value of 50 l. over and above all charges whatsoever: Covenant to deliver the e­vidences bar­gained & sold to the bargai­nee, &c. before such a day. And the said I. H. doth further, for him, his Heirs, Execu­tors, Administrators and Assigns, covenant, promise and grant, to and with the said E. H. his Heirs, Executors, Ad­mistrators and Assigns, That he the said I. H. his Heirs, Execu­tors or Assigns, shall fully deliver, or cause to be delive­red [Page 9]unto the said E. H. his Heirs, Executors, Administrators, or Assigns, at or before the Feast of Saint James the Apostle, next ensuing the date hereof, at or in the now dwelling-house of the said E. H. situate in K. aforesaid, all such Deeds, Charters, And that the bargainer was seised of a sure & indefeisable estate, in fee-simple, or fee-tayl, and that there is no impediment, whereby the premises may not be sold, or the use thereof arise, and be transferred in possession or reversion. Ex­emplifications and Writings whatsoever, as are by the said reci­ted Indenture given, granted, bargained and sold unto the said E. H. his Heirs and Assigns: And also that he the said I. H. was at the insealing of the said Indenture lawfully seized of the said premises, with the appurtenances, in the said recited Indenture specified and contained, of a good, sure, perfect, absolute and un­defeazable Estate in Law, in fee-simple, or fee-tayl, without any condition, limitation, future or contingent use or uses, and that there is not any let, hindrance or impediment whatsoever, where­by all & singular the said premises in the said recited Indenture specified and contained, with the appurtenances, and every part and parcell thereof, may not be given, granted, bargained and sold, or the use and uses thereof, and every part and parcel thereof, shall or may not spring, arise, and be transferred in pos­session or reversion unto the said E. H. And that the bargainer may enjoy the pre­mises under the condition in the said re­cited Inden­ture specified, without any lawfull inter­ruption of any person (except M. which hath an estate for life, in part of the premises) according to the purport of the said reci­ted Indenture. his Heires and Assigns, according unto the intent, purport and true meaning of the said recited Indenture: And also that the said E. H. his Heirs and Assigns, under the proviso and condition in the said recited. Indenture specified, shall & may quietly & peacea­bly, without any lawful let, vexation, molestation or disturbance of the said I. H. his Heirs or Assigns, or any other person or persons whatsoever, (the estate of M. H. mother of him the said I. H. of and in parcel of the said premises only for term of her life excepted and fore-prised) Have, hold, occupie and enjoy the said premises by the above-named Indenture given, granted, bargained and sold, or meant, or intended to be by the same Indenture, given, granted, bargained and sold, and every part & parcel thereof, with the appurtenances, to him the said E. H. his Heirs and Assigns, according unto the intent, purport and true meaning of the said recited Indenture, and the clauses and arti­cles therein contained: And also that the said four Messuages, Lands, Tenements, Hereditaments, And that the premises by the said recited Indenture bargained & sold, were, and shall continue free from all for­mer bargains, states, joyntures, &c. and all and singular other [Page 10]the premises by the above-written Indenture give, granted, bar­gained and sold, or meant or intended to be by the same given, granted, bargained & sold, and every part & parcel thereof, with the appurtenances, at the time of the ensealing and delivering of the said Indenture, were, and so under the proviso & condition in the said recited Indenture contained, shall be & continue unto the said E. H. his Heirs and Assigns, free, clear, and exonerated and discharged of & from all former bargains, states, joyntures, dowers, morgages, judgments, executions, recognizances, fines, forfeitures, The Rents due to the Lords of the Fee, and two several estates for lives, of se­veral parts of the premises excepted. fines for alienations, rent-charges, rent-sects, and of and from all and all other manner of charges and incumbrances whatsoever; The rents and services now due, or hereafter to be due, unto the Lord or Lords of the fee of the said premises; and one Estate made unto M. G. in the one half of the said premises, for term of her natural life only, and no longer; and one other Estate made unto D. H. now wife of the said I. H. of and in one part of the other half of the said premises, for the term of the natural life of the said D. H. only, and no longer, always excep­ted and foreprized. Covenant by the bargainee, that the bar­gainer shall receive the rents, & take the profits of the premises, bargained & sold, until the bargainer shal make default in payment of the sum in the Proviso in the said recited Indenture contained. And the said E. H. doth for him, his Exe­cutors and Assigns, Covenant and grant to and with the said I. H. his Executors and Assigns, that he the said E. H. his Heirs and Assigns shall and will permit and suffer the said I. H. his Heirs & assigns, to take, receive, & levy the rents & profits of the said premises by the said recited Indenture given, granted, bar­gained and sold, or meant or intended to be by the same given, granted, bargained & sold, until he the said I. H. his Heirs or Assigns, shall make default, or fail in payment of the said sum of 300 and 50 l. in the proviso in the above-recited Indenture contained, all things before specified to the contrary notwith­standing. In witness whereof, the parties abovenamed to these present Indentures their hands and seals interchangeably have put, the day and year first above-written, Anno (que) Dom. 1624.

A Release of Waste and Estrepement, and of arrerages of Rent, actions of Covenant and Debt.

TO all true Christian People to whom this present writing indented shall come, T. B. of S. in the County of K. Esq [Page 11]sendeth greeting in our Lord God everlasting; Know ye, that I the said T. B. for divers good causes & considerations me there­unto especially moving, have remised, released and for ever quit claimed, and by these presents do clearly, sully and absolutely remise, release, and for ever quit claim unto A. D. of B. in the County of W. Wid: W. S. of B. aforesaid in the said County Esq A. L. of S: in the said County of W. Widdow, all and all man­ner of waste or wast made, committed, or done by them, or by any or either of them, or by any other person or persons whatsoe­ver, by or in their or any of their right, title, means, procurement or permission, in and upon any the houses, site, and demean Lands heretofore by Indenture made, bearing date upon the Feast day of All Saints, in the eight and twentieth year of the reign of K. Henry the Eight deceased, by William late Abbat of Glocester, and Covent of the same, demised, granted, and to farm letten to George Daston Gent. for 80 years, if he lived so long; And of and from all, and all manner of Rents, and arrerages of Rents whatsoever, due or payable to the said T. B. by the said A. D. W. S. A. L. or any or either of them, for or in respect of a­ny the houses, site, and demean Lands before mentioned; And of and from all and all manner of actions of Waste, actions of Trespasse, actions of Covenant and Debt, and of and from all o­ther actions, sutes, and demands whatsoever, had or prosecuted, or to be had or prosecuted against them, or any of them, for or concerning any the matters or causes before mentioned; so as neither the said T. B. nor his Heirs, nor any other person or persons whatsoever, for him, or in his name, any action or sute at any time hereafter, shall or may have, or prosecute against the said A. D. W. S. A. L. or any, or either of them, for or in respect of any the causes before mentioned: But of and from the same shall be hereafter excluded and barred by these presents. In witnesse whereof, the parties above-named their hands and seals to these present Indentures interchangea­bly have put, the day and year first above written, Anno (que) Dom. 1614.

An Indenture of Covenants for the surrender of a Lease, and leaving the possession by a day, according to an Order of the Court of Common-Pleas.

THIS INDENTURE made, &c. Between 7. B. of S. in the County of K. Esq of th'one part, and A. L. of S. in the County of W. Gent. of th'other part, Witnesseth, That as well for and in performance and accomplishment of a certain Order or Rule made in the Court of Common Pleas at Westminster, in the Term of Easter now last past, before the date hereof, in an action of Ejectione firme, depending in the said Court, by A.L. Lessee of the above-named T.B. Plaintiff, against W. S. and others, Defendants, for and concerning the title, right, in­terest, and possession of the said T. B. in and to the Site, Manor-house, and Demeans of the Manor of H. in the said County of G. with th'apputtenances; as also for and upon divers other suffi­cient causes and considerations, it is covenanted, granted, con­cluded, and agreed upon, by and between the said parties to these presents, Covenant ac­cording to the Order, to de­liver up the peaceable pos­session of the lands. in manner and form follwing: And first the said A. D. doth for him, his Heirs, Executors, Administrators and As­signs, covenant and grant, to and with the said T. B. his Heirs, Executors, Administrators and Assigns, That he the said A. L. shall and will according to the Order above-mentioned, and the true meaning of the same, yield and deliver up, or cause to by yielded and delivered up unto the said T. B. his Heirs and Assigns, at the Feast of Saint Michael the Archangel next ensu­ing the date hereof, the quiet and peaceable possession as well of the Farm-house, with the appurtenances, Site, and Demeans of the said Manor of H. in the County of G. aforesaid, And that the may peacea­bly enjoy the land, without eviction or di­sturbance of W. G. or A. or of any o­ther person, &c. as also of all Lands or Tenements, used or occupied, as part, parcel, and mem­ber of the Demeans of the said Manor: And also that he the said T.B. his Heirs and Assignes, shall and may peaceably and qui­etly, from the Feast of St. Michael the Archangel next ensuing, hold and enjoy the said site, Farm-house, and Demeans of the Manor of H. and all other the premises, with the appurtenances, and every part and parcel thereof, without any let, eviction, or [Page 13]disturbance of the sard A. L. W. D. of H. in the said County of G. deceased, G.D. of H. aforesaid deceased, or A. D. of B. late in the said County of W. or any of them, and without any law­full let, or disturbance of any other person or persons, lawfully claiming in, by, from or under them, or any of them: And that the premises shall be discharged or sav'd harm­lesse, from all charges, or in­cumbrances committed or done by W. G. &c. or any o­ther, amp;c. And fur­thermore, that the said premises, with the appurtenances, and e­very part and parcel thereof, shall be and continue unto the said T.B. his Heirs and Assignes, acquitted and discharged, or o­therwise upon request sufficiently saved harmlesse and indemp­nified, of and from all manner of charges and incumbrances whatsoever, had, made, committed, or done by the said A. L. W.D. G.D. E.D. A. D. or A.D. junior, or any other person or persons lawfully claiming by, from, or under them, or any of them: And the said A.L. doth furthermore for him, his Heirs, Executors, Administrators and Assigns, Covenant and grant, to and with the said T. B. his Executors, Covenant, that the su [...]rè­derer will upò request made by the surren­deree, save him harmless, & the premi­ses from all actions, & cò­troversies had, or brought by A. W. G. &c. or any other person, &c. Administrators and As­signes, That he the said A. L. his Executors and Assigns, shall and will from time to time, upon reaasonable request to him or them by the above-named T.B. his Heirs & Assigns made, save, and keep harmlesse as well the above-named T. B. his Heirs & Assigns, as the said Site, Farm-house, and Demeans of the said Manor of L. and all other the premises, with the appurtenances, and every part and parcel thereof, of and from all, and all man­ner of sutes, actions, and controversies, which shall be had, made, commenced, or brought by them the above-named A. L. W. D. G. D. E. D. A. D. or A. B. or any of them, or any other person or persons lawfully claiming, or lawfully pretending any right or title, by, from, or under them, or any of them: And also, that aswell the said A. L. his Heirs and Assigns, And also, that aswell the sur­renderer, as also the said W.G. &c. shall within such a space, upon request of the surrenderee, make such further assurance, &c. be it by release, confirmation &c. so that the same compre­hend no other Warranties, &c. but against them, and all persons claiming under them. as also the said W.D. G.D. E.D. and A.D. and all other person or persons lawfully claiming any right, title, or interest unto the said premises, by, from, or under them, or any of them, shall and will, at all times within the space of 12 years next following the date hereof, up­on reasonable request unto them, or any of them made, at the proper co [...]is and charges in the Law of the said T. B. his Heirs [Page 14]or Assigns, make such further Assurance and Security, unto the said T.B. of their and every of their right, title and interest, of and in the said premises, with the appurtenances, as by the said T.B. his Heirs or Assigns, or their Counsel learned in the Law shall be reasonably devised or advised, be it by Release, Confir­mation, Feoffment, or otherwise, so that such assurance compre­hend no further Warranties, or Covenants of Warranties, than against themselves, and all other person or persons lawfully claiming in, by, from, or under them, or any of them; and so that they be not compelled to travell for the making of such assurance, And lastly, the surrenderer doth assign all his interest & term of years which he pre­tendeth to have in the premises, by colour of a lease made to one G. by one A. the which since is come to the now Assignor, & that part of the Indenture of lease made, unto the said G. & all other writings, which he co­venanteth to deliver at the sealing of these pre­sents. further than the County of Glocester. And lastly, the said A.L. doth for him, his Heirs, Executors, Ad­ministrators and Assigns, by these presents, assign unto the said T.B. his Heirs and Assignes, as well all and sigular the right, title, interest, and term of Years, which the said A. L. hath, or pretendeth to have, of and in the said Site, Ma­nor-house, and Demeans of the said Manor of H. and other the said premises, with the appurtenances, by virtue or colour of one Lease thereof made by the late A. of G. unto one G. D. the right & interest of which said term, is by mean conveyance and assurance, lawfully (as is pretended) possessed and assigned unto him the said A.L. as also of one part of the said Indenture of Lease made by him the said A. unto the said G. under the co­vent seal; as also all other Writings, Covenants and Deeds whatsoever concerning the Lands in the hands and custody of the said A. or which the said A. may come unto, concerning the said premises, or any part thereof, without sure in Law: The which said Indenture, and other Writings, the said A. doth for him, his Heirs, Executors, Administrators and Assigns, co­venant and grant, to deliver unto the said T. B. his Executors and Assigns, at the time of the ensealing and delivery of these presents: In witnesse whereof, the parties above-named to these present Indentures their Hands and Seals interchangeably have put, the day and year first above written, Annog; Dom. 1601.

A Grant of an Annuity out of Land, with distress, and covenant to stand seised of the Land for non-payment, to the use of the Gran­tee, with proviso to determine the Annuity, upon payment of a summe in grosse.

THIS INDENTURE made, &c. Between B. F. of S. in the County of S. Yeoman, of th'one part, and T. F. of S. aforesaid Yeoman, of the other part, Witnesseth, That whereas the Maior, Jurats, and Commonalty of the antient Town of Winchellsey within the liberty of the Cinque ports in the Coun­ty of S. did with one consent and mutual agreement, by their Indenture bearing date the 20 day of August, in the 38 year of the Reign of the late Queens Majesty, bargain, sell, give, grant, and confirm unto the said B.F. his Heirs and Assigns, all that their Brewhouse, and the edifices, and buildings thereunto be­longing, together with all the Lands, Meadows, Pastures and Wast ground to the said Brewhouse appertaining, and with the same then or late usually occupied, and afterwards in the said Indenture mentioned, expressed, and recited, (that is to say) the Brewhouse, and the buildings thereunto belonging and ap­pertaining, and the ground thereunto adjoining, situate, lying and being in the Strand in Winchellsey aforesaid, and abutted to the Queens high Street there South, to the common Chanel North, to the lands of I.V. West, and to the lands of A. A. Esq East, containing by estimation, 3 acres, more or lesse: One other peece or parcel of Land did lie at St. Leonards near Win­chellsey aforesaid, and abutteth to the Lands then, or late, I. W. North, to the lands of I.P. South, to a Lane called P. East, to the Fleet called St. Leonards Fleet, West, containing in the whole, by estimation, 2 acres, more or lesse: And th'other piece or parcel of Land lying near unto the Kings green (that is to say) to the Queens high way South and West, to the commons of the Town of Winchellsey East, and to the Lands of A. H. North, containing, by estimation, one quarter of an acre, more or lesse, as the antient bounds and marks thereof more plain­ly [Page 16]did shew and divide: To have and to hold, the said Brewhouse, and the edifices and bulldings thereunto belonging, together with all and singular other the edifices, with all and all other the said several premises before recited and expressed, and eve­ry part and parcel thereof, with th'appurtenances, to the said B.F. his Heirs and Assigns for ever; Yielding and paying there­fore yearly to the said Maior, Jurats, and Commonalty, their Successors and Assigns, the yearly Rent or Farm of Six pounds thirteen shillings and four pence of lawfull money of England. at two usual Feasts and Terms in the year, (that is to say,) at the Feast of Saint Michael th'Archangel, and the Feast of the Annuntiation of the blessed Virgin Mary, by even and equal portions to be paid, as in and by the said recited Indenture doth and may more plainly appear, Now this Indenture witnesseth, that the said B. F. for divers good causes and considerations him thereunto especially moving, hath given, granted, and con­firmed, and doth by these presents, for him, his Heirs, Execu­tors and Administrators, give, grant, and confirm unto the a­bove-named T.F. and his Assigns, one annual or yearly Rent of 10 l. of current English money, issuing, going forth, and to be yearly had, levied, perceived and received out of the said Brew­house, and other the edifices, & buildings thereunto belonging, together with the said several pieces and parcels of land, and out of all and every the premises in the above-recited Inden­ture specified and contained, with all and singular the appurte­nances; To have and to hold the said Annuity, or yearly rent of 10 l. of current English money, issuing, going forth, and to be levied, received, and perceived out of the above-recited premi­ses, with the appurtenances as aforesaid, Power to en­ter into the land, and di­strain for the rent behind, & the distrai­ner to detain until he be sa­tisfied of the Rent. unto the said T.F. and his Heirs, for and during the natural life of the said T.F. and the same to be paid yearly at, or in the South porch of the Pa­rish Church of S. aforesaid, at or upon the second day of May. which shall be in the year of our Lord 1595. And if it shall happen the said Annuity or yearly rent of 10 l. or any part or parcel thereof to be behind, or unpaid, by the space of four­teen dayes next after the day and time in which it is limited and appointed to be paid, as aforesaid, that then, and from thence­forth, it shall and may be lawfull to and for the said. T.F. and [Page 17]his Assigns, during the natural life of the said T. F. as aforesaid, into the said Brewhouse, with all the edifices and buidings thereunto belonging, and into all and singular the Lands, Te­nements, and Hereditaments, with the appurtenances, in the a­bove recited Indenture specified and contained, and into every or any part or parcel thereof to re-enter, and distrain; and the distress or distresses there so taken, to lead, drive, chase, carry away, impound, and the same to keep and detain, until the said T.F. and his Heirs and Assigns shall be of the said Annuity or Annual rent of 10 l. and every part and parcel thereof, which shall so fortune to be behind and unpayed, fully and wholly contented, satisfied and paid. And the said B. F. doth for him, his Heirs and Assigns, covenant and grant, Covenant, if the rent be behind & unpayed by the space of 30 days, next af­ter the day of payment, that thè it shall be lawful for the Grantee to enter into the land, and the same to have to him, his Heirs, and As­signs for ever. to and with the said T. F. his Heirs and Assigns, That if it happen the said An­nuity or Annual rent of 10 l. or any part parcel thereof to be behind and unpaid by the space of 30 days next after the time and day of payment, upon the which it ought to be paid as a­foresaid, That then it shall and may be lawfull to and for the said T.F. and his Assigns, into the said Brewhouse, with all edi­fices and buildings to the same belonging, and into the said se­veral parts and parcels of Land above specified, and into all & singular other the premises whatsoever, with all and singular the appurtenances in the above-recited Indenture mentioned & contained, and by the same given, granted, bargained and sold, and every part and parcel thereof, to enter, and the same to have, hold, and enjoy, unto the said T. F. his Heirs and As­signs, unto the only and proper use and behoof of him the said T.F. his Heirs and Assigns for ever. And that immediately from and after such default of payment of the said Annuity or yearly rent of 10 l. by the space of 30 days next after the time and day of payment, And that after such default in payment, as aforesaid, all persons seized of the land, shall stand sei­sed to the use of the Gran­tee his Heirs & Assigns for ever. in which the same ought to be paid as a­foresaid, as well the said B.F. his Heirs and Assigns, as all o­ther person or persons whatsoever, which now are, or at the time of default in payment, or at any time hereafter shall be sei­zed of, and in the said Brewhouse, with all the edifices thereun­to belonging, and of and in the said several parts or parcels of land above-recited, and of and in all and every other the said premises whatsoever, with all and singular the appurtenances in [Page 18]the said recited Indenture specified and contained, shall stand and be seized of and in the same, to the only use and behoof of him the said T. F. his Heirs and Assigns for ever, and to no o­ther use or uses, intent, and purports whatsoever.

Proviso, that if the grantor do pay 60 l. at such a day, that then this Grant shall be [...]oid. Provided always, that if the said B. F. his Heirs or Assigns, or any of them, do content, satisfie and pay, or cause to be well & truly contented, satisfied and paid, unto the said T. F. his Heirs and Assigns, the entire sum of 60 l. of current English money, at or upon the second day of May, which shall be in the year of our Lord, according to the computation of the Church of England, &c. at, or in the South porch of the Parish Church o [...] S. aforesaid, That then, and from thenceforth, as well the said Annuity or Annual rent of 10 l. as also all and every other acti­on, clause, condition, and agreement in these present Indentures specified and contained, shall be utterly void, frustrate, and of none effect, Covenant, that t [...]e gran­tor was law­fully seized of the premises, out of which &c. of a good estate in law in see-simple. and determined in Law, to all intents, constructions, and purposes; any thing before specified to the contrary not­withstanding: And the said B. F. doth for him, his Heirs, Exe­cutors, Administrators and Assigns, covenant and grant, to and with the said T. F. his Heirs and Assigns, that the said B. F. is at the time of the ensealing and delivery of these presents, law­fully seised of and in the premises, out of which the said Annui­ty or Annual rent is granted as aforesaid, and every part and parcel thereof, And that the premises, out of which, &c. are, & so shall continue ac­quitted, & dis­charged, of all charges & in­cumbrances, &c. of a good, sure, and perfect estate in Law, in Fee-simple: And that the said Brewhouse, edifices, buildings, lands, Tenements, Hereditaments, and all other the premises, out of which the said Annuity or Annual rent is granted, and every part and parcel thereof, at the time of the date hereof, and at the time of the ensealing and delivery of these presents, are, and so shall be, and continue, acquitted, discharged, and otherwise sufficiently saved harmless, of and from all, and all manner of charges and incumbrances, Covenant that the granter hath not don, nor will not do any act or thing, wherby to frustrate this grant. whereby the Annuity or Annual rent granted unto the said T. F. as aforesaid, may or shall be frustrate, overthrown, or by any way or means whatsoever de­termined: And the said B. F. doth further for him, his Execu­tors, Administrators and Assigns, covenant and grant, to and with the said T. F. his Heirs, Executors, Aministrators and Assigns, That he the said B. F. hath not heretofore committed [Page 19]or done, or will hereafter commit or do any act or acts, thing or things whatsoever, whereby the said Annuity or Annual rent, granted unto the said T. F. as aforesaid, shall or may be by any way or means impeached, And that the granter will pay, or cause to be paid, this rent, accor­ding as it is before gran­ted. frustrated, or determined: And also that he the said B. F. his Heirs and Assigns, shall and will well and truly pay, or cause to be paid unto the said T. F. and his Assigns, during the natural life of the said T. F. the said Annuity or Annual rent of 10 l. yearly, at or upon the se­cond day of May, or within the said 30 days next after the said day, in manner and form as is before in these present Indentures limited and appointed: Of which said Annuity or Annual rent of 10 l. to be paid as aforesaid, the said B. F. hath put the said T. F. in present and full seisin and possession, and by giving him the sum of Six-pence. Seisin given of the rent. In witnesse whereof, the parties above-named to these present Indentures their hands and seals inter­changably have put: Dated the day and year first above writ­ten, Anno Domini, &c.

An usual Deed of Feoffment, with general Warranty.

TO all Christian People to whom this present Writing shall come, T. P. of T. in the County of K. Yeoman, Greeting in our Lord God everlasting; Know ye, me the aforesaid T. P. for, and in consideration of the sum of 60 l. of good and lawfull mony of England, to me the aforesaid T. P. by I. T. of B. in the aforesaid County, Clothier, well and truly before-hand paid, whereof I acknowledge my self to be fully satisfied and conten­ted, and said I. T. his Heirs, Executors and Administrators to be for ever acquitted and exonerated, by these presents, have given, granted, infeoffed, and by this my present Writing con­firmed to the aforesaid I. T. his Heirs and Assigns, all that Mannor, Messuage, or Tenement, Barn, Stable, with all other edifices to the said Messuage or Tenement belonging, or in any wise appertaining, or with the same heretofore usually occupi­ed; And also one garden, one orchard, three pieces or parcels [Page 20]of land, meadow, and pasture, with their, and every of their ap­purtenances, containig in the whole, by estimation, 10 acres of land and pasture, more or lesse, situate, lying and being in the Parish of R. aforesaid, and abutting upon the Kings high-way towards the South and West, and the lands of the heirs of F. A. towards the South and East, towards the land of A. M. to­wards the North, and to the land of A. H. towards the North and East, as by metes and bounds thereof they are set forth and well known; Which said Messuage, and other the premises whatsoever, now are in the tenure or occupation of one I. L. or of his Assigns; To have and to hold the aforesaid Messuage or Tenement, with all and singular the edifices to the said Mes­suage belonging, th'aforesaid three pieces or parcels of land, meadow, and pasture, with all and singular edifices, with their appurtenances, and other the premises whatsoever to the afore­said I. T. his Heirs and Assigns, to the use and behoof of the said I. T. his Heirs and Assigns for ever, To hold of the chief Lords of the Fee thereof by services hertofore due, and of right accustomed. And I the aforesaid T. P. and my Successors a­foresaid, the said Messuage or Tenement aforesaid, three pieces or parcels of land, meadow, and pasture, and other the premises whatsoever, A general Warranty. with all and singular the appurtenances to the said I. T. his Heirs and Assigns, against me, mine Heirs and Assigns, and against all other men, do warrant, and for ever defend, by these presents. In witnesse whereof, I the aforesaid T. P. to this my present Writing have put to my Seal. Dated the first day of May, in year, &c.

A Release upon a Deed of Feoffment.

TO all Christian People to whom this present Writing shall come, T. P. of T. in the Parish of T. in the County of K. Greeting in our Lord God everlasting; Know ye, me the afore­said T. P. for, and in consideration of the sum of 60 l. of good and lawfull mony of England, to me th'aforesaid T. P. by I. T. of the aforesaid Parish of B. in the said County of K. Yeo­man, [Page 21]before-hand well and truly paid, and for divers other good causes and considerations me hereunto especially moving, have remised, released, and altogether for me and my Heirs for ever quit claimed, by these presents, unto I. T. of K. aforesaid Yeo­man, in his full and peaceable possession and seisin, being to his Heirs and Assigns, to the onely and proper use and behoof of him the said I. T. his Heirs and Assigns, for ever, all my right, title, claim, interest or demand, which I the aforesaid T. P. have, or at any time had, or any wayes hereafter may have, of, or in one Messuage or Tenement, Barn, Stable, with all and singu­lar edifices, buildings, and other the appurtenances whatsoever to the said Messuage or Tenement belonging, or in any wise ap­pertaining; and of, and in one Garden, one Orchard, three pieces or parcels of land, meadow, and pasture, with the appur­tenances, containing in the whole, by estimation, 16 acres of land, whether more or lesse, situate, lying and being in the a­foresaid Parish of B. in the aforesaid County of K. abutting on the Kings high way there towards the South and West, to the lands of the Heirs of F. A. to the South and East, to the lands of A. M. towards the North, and to the lands of A. H. towards the North and East; as by the metes and bounds there­of, as they are divided, are set forth and well known: So that neither I the said T. P. nor my Heirs, nor any other by us, for us, or in our right, and property, title, claim, interest, or de­mand, of or in the said Messuage or Tenement, with the ap­purtenances aforesaid, Barns, Stable, with all other edifices a­foresaid, one Garden, one Orchard aforesaid, three pieces of parcels of land, meadow, and pasture, with the appurtenances, and of or in other the premises whatsoever, with their appur­tenances, nor in any part or parcel of the same, we may, or hereafter ought to require, claim, or challenge, but from every action, right, title, claim, use, interest, and demand in the same, we are altogether excluded by these presents. In witnesse whereof, I the said T. P. to this present writing have put my seal. Date [...], &c.

❧ A General Release.

BE it known unto all men by these presents, that I R. G. of R. in the County of K. Yeoman, for divers good causes and considerations me thereunto especially moving, have remised, released, and quit claimed, and do by these presents, for me, my Heirs, Executors, Administrators and Assigns, remise, release, and quit claim unto W. M. late of P. In the County of S. Tan­ner, his Heirs, Executors, Administrators and Assigns, all and all manner of actions, both real, personal, and mixt, and all, and all manner of Bils, Bonds, Obligations, Debts, or Duties, Judgements, Executions, Accompts, and Demands whatsoever; And all and all manner of Actions which I the said R. G. my Ex­ecutors, Administrators, or Assigns, have or had, may or can have against the said M. W. his Executors or Administra­tors, in or upon Bill, Bond, or other Specialty, in the which the said M. W. solely or joyntly with the other stands bound unto me the said R.G. and all other controversies and debates what­soever, which I the said R. G. my Executors, Administrators, and Assigns, have, may, might or shall have, for any cause or matter whatsoever, from the beginning of the word untill the present day of the date of these presents. In witnesse where­of, I the said R. G. my hand and seal hereunto have put. Dated the fourteenth day of Ianuary, &c.

¶ An Indenture of Covenants to stand seised to uses in consideration of natural affection, &c.

THis INDENTURE made, &c. Between T. B. of S. in the County of K. Yeoman, of th'one part, and I. B. of S. afore­said Yeoman, one of the Sons of the said T. B. on the other part, Witnesseth, That whereas the said T. B. is lawfully seized in his demean, as of Fee, of and in one principal Mansion or [Page 23]messuage with the appurtenances, commonly called & known by the name of little A. or by whatsoever other name or names the same is, or at any time heretofore hath been called or known by, together with all and singular Buildings, Barnes, Stables, Outhouses, Lodges, Orchards, Yards, Gardens, and all other profits, commodities, and easements to the said mansion or messuage belonging or appertaining, and also of and in 19 peeces or parcels of Land, Meadow, Pasture and Wood-ground, with th'appurtenances, containing in the whole, by estimation, 60 acres of Land, Meadow, Pasture, and Wood-ground, with th'appurtenances, whether more or lesse, situate, lying and be­ing in the said Parish of S. in said County of K. upon the De­means of A. and L. and which now are, or late were in the se­veral tenures and occupations of the T. H. and N. W. their, or either of their Assignee or Assignees, and the said premises do bound and abutt in manner and form following (that is to say) to the Queens high-street leading between N. and S. towards the North, to the lands which were sometimes one I. P. and now of R. L. Gentleman, and to certain other Lands of the said T. B. towards the West, towards the Lands of T.S. South, and to other lands of the said T. B. towards the East, South, and North, as the metes and bounds thereof do divide, mete, and shew: Now the said T.B. for and in consideration of the natural love and affection, which he the said T. B. hath and beareth unto his said Son I. B. and for the advancement and maintenance of him the said I. B. and preferment to his Heirs, and also for the establishment, and setling of the said Messuage, Lands, and Tenements, and other Hereditaments in these pre­sents before specified and contained, according to the true in­tent and meaning of him the said T.B. and for divers other ef­fectual and motive considerations him the said T. B. the Father towards his said Son especially moving and inciting, doth for him, his Heirs and Assigns, and every of them, covenant, grant, conclude and agree, to and with the said I.B. his Heirs and As­signs, that he the said T.B. his Heirs and Assigns, and every o­ther the person or persons, which now, or at any time hereaf­ter shall be seized of and in the said Mansion or Messuage, with the appurtenances, and of, and in all and singular Lands, Tene­ments, [Page 24]Meadows, Pastures Wood-grounds, and all and every other the premises before mentioned, with all and every their appurtenances, and of and in every part and parcel therof, & of & in the reversion and reversions, remainder and remain­ders thereof, and every part and parcel thereof, shall stand and be seized to the uses, intents and purposes, hereafter limited and appointed, and to no other use, intent and purpose whatsoever, that is to say, to the use and behoof of him the said T. B. during the term of his natural life, and after the decease of him the said T. B. to the use and behoof of the said I. B. his Heirs and As­signs for ever: Covenant, that all con­veyances made, or to be made, shall be to the uses in these Inden­tures expres­sed, and to no other use or intent. And it is fully covenanted, granted, concluded, and agreed upon, by and between the said parties to these pre­sents, and every of them, and the said T. B. doth for him, his Heirs, Executors and Assigns, covenant, grant, and agree, to and with the said I. B. that all and singular Fines, Recoveries, Feoffments, Alienations, Conveyances, and all other Convey­ances and Assurances whatsoever of the said premises, with the appurtenances, and every part and parcel thereof, now and at all times hereafter to be made, shall be and inure, and are by these presents appointed, limited, & declared to be and inure to such use and uses as are by these presents before limited, appointed, and declared, and to no other use or uses, intent or intents whatsoever. In witness whereof, the parties above-named to these present Indentures their hands and Seals interchangably have put, the day and year first above-written: Anno. Dom. &c.

¶ An Obligation conditioned for the release of an Annuity.

Neverint universi per praesentes, nos, &c.

THe Condition of the within written Obligation is such, That whereas the within bounden I. H. and W. A. have by their release bearing date with these presents, remised and released unto the within named R. S. a certain Annuity or yearly rent of Thirteen shillings and fourpence, yearly issuing or going out of two pieces or parcels of land of the said R. S. [Page 25]conteining, by estimation, 4 acres, situate, lying and being in R. aforesaid, as by the said Deed more at large appeareth; If therefore the said R. S. his Heirs and Assigns, shall or may, from time to time, and at all times hereafter, have, hold, and enjoy the said two pieces and parcels of land, ou [...] of which the said Annuity or yearly rent of Thirteen shillings and four pence is issuing as aforesaid, acquitted and discharged of the said Annui­ty or yearly rent, without and lawfull let, interruption, expulsi­on, or eviction of them the said I. H. and of M. now his Wife, and of the said W.A. and of A. now his Wife, and without any lawfull let, interruption, expulsion, or eviction of the Heirs or Assigns of them the said M. and A. and of all other person or persons, claiming in, by, from, or under them the said I.H. and M. his Wife, and by the said W. A. and A. his Wife, or in, or by, from, or under any of them, and the Heirs or Assigns of them, or any of them; That then this present Obligation to be void, frustrate, and of none effect; Or else to stand, be and re­main in his full force, power, strength and vertue:

¶ An Indenture of sale of Woods, with a proviso of Redemption.

THis INDENTURE made, &c. Between I. W. of B. in the County of K. Yeoman, of th'one part, and P. F. of B. in the said County of K. of th'other part, Witnesseth, that the said I.W. hath granted, bargained, and sold, and doth by these pre­sents for him, his Heirs, and Assigns, grant, bargain, and sell unto the said P. F. his Executors and Assigns, all and singular Woods, Vnderwoods, Timber, and Timber-Trees, standing and growing in and upon two pieces o [...] parcels of Wood-grounds, situate, lying and being in the parish o [...] B in the said County of K. and belonging and apertaining unto one M [...]ssuage, Farm or Tenement, now in the occupation of the said P.F. or together with the said M [...]ssuage, Farm or Tenement now occupied and enjoyed, and one piece or parcel of the said Wood-ground, whereupon the said Woods, Vnderwoods, and Timber, do stand [Page 26]and grow, containing, by estimation, 16 acres, and abutteth & boundeth unto certain Wood-grounds of R.S. and to the Lands of I.C. towards the East, to the lands of I.S. towards the West, to the Queens high-street there towards the North, and unto the lands of the said I.W. in the South, and the other piece or parcels of Wood-ground, whereupon the said Woods, Vnder­woods, and Timber trees do stand and grow, containing, by e­stimation, 8 acres, and abutteth [...]nd boundeth unto the lands of I.C. towards the South and West, and unto the lands of I. W. and I. S. towards the East, and unto the lands of I. C. towards the North; To have and to hold the said Woods, Vnderwoods, Timber, and Timber Trees, now standing and growing in and upon the said two pieces or parcels of Wood-ground, unto the said P.F. his Executors, Administrators & Assigns, unto the pro­per use of the said P.F. his Executors, Administrators and As­signs; The said woods, under-woods, & tim­ber, to be cut and carried a­way, within the space of 4 years next af­ter the date of these presents, & not after the said space. Proviso, that the bargainee, &c. shall not cut down, or appoint to be cut down, the said woods, &c, (without licence of the bargainer first had) until af­ter such a time. Proviso, that if the bargainer, &c. pay such a sum, or if he fail of payment of that, if he shall pay such a sum, that then this bargain and sale shall be void. The said Woods, Vnderwoods, Timber and Timber-Trees, to be sold, cut down, and carried away, off and from the said Wood-ground, within the space of 4 years next ensuing the date of these presents, and not after the sad space and time; Provided alwaies, and upon condition that the said P. F. his Executors, Administrators & Assigns, shall not fell nor cut down, or cause, or appoint to be felled or cut down in the said Woods, Vnderwoods, Timber, and Timber trees, nor any part or parcel thereof (without the assent, consent, or licence of the said I.W. in writing first had & obtained) until after the first day of Ja­nuary, which shall be in the year of our Lord God according to the Church of England, &c. Provided alwayes, and it is con­ditioned, That if he the said I. W. his Heirs, Executors, Ad­ministrators and Assigns, or any of them, shall well and truly pay, or cause to be paid, unto the said P. F. his Executors, Ad­ministrators or Assigns, at or in the porch of the Parish Church of B. above-named, the sum of, &c. of, &c. at or upon the, &c. which shall be next and ensuing the date hereof, or if he the said I. W. his Heirs Executors, Administrators or Assigns, shall fail to make payment of the said, &c. at or upon the, &c. Then [Page 27]if he the said I.W. his Executors, Administrators & Assigns, or any of them, in or at the place aforesaid, shall pay, or cause to be said unto the said P. F. his Executors, Administrators or Assigns, the sum of, &c. of, &c. That as well this present grant, bargain, and sale of all and singular the said Woods, Under-woods, Timber, and Timber-Trees above specified, and every part and parcel thereof, as also this present Indenture, and eve­ry covenant, clause, article and agreement in the same specified and conteined, shall be utterly void, frustrate, Covenant, that the bar­gain [...]e under the conditions before expres­sed, shall, du­ring the time limited, enjoy the woods, &c. without inter­ruptiō of him, or any person claiming un­der him, and that he shall have free in­gress, egress, & regress, for Horse, Cart, &c. to cut & carry away the same. and determined to all intents and purposes whatsoever; And the said W doth for himself, his Heirs, Executors, Administrators and Assigns, covenant and grant, to and with the said P. F. his Executors, Administrators and Assign, that he the said P. F. his Execu­tors and Assigns, shall and may under the condition and condi­tions, proviso and provisoes before specified, during the time and term above by these presents limited, have and enjoy the said Woods, Underwoods, Timber, and Timber-trees, now growing and standing upon the premises, and the fall & shore of them, without any let or interruption of the said I. W. his Heirs, Executors, Administrators or Assigns, or of any other person or persons, clayming, or pretending to have any right, title, or interest, by, from, or under him. And also that he the said P. F. his Executors and Assigns, and his and their servants, and workmen, under the condition and conditions, proviso and provisoes, before in these presents specified, shall and may have free ingress, egress, and regress, into, and from the said two pieces and parcels of Wood-ground, upon which the said Woods, Underwoods, Timber, and Timber Trees, doe stand and grow, and every of them, with Horse, Cart and Carriage, Covenant, that the bar­gainee will [...]ot fell, or [...]se to be felled the said wood, &c. but [...] seasonable times, accor­ding to the custom of the country where they grow. at all times during the time aforesaid, for the selling, cutting down, hewing and carrying away the aforesaid Woods, Un­derwoods, and Timber, at his and their will and pleasure. And he the said P. F. doth for him, his Heirs, Executors, Admini­strators and Assigns, covenant and grant, to and with the said I. W. his Heirs, Executors, Administrators and [...]ssigns, that he the said [...]. F. his Executors and Assigns, shall not fell, nor cause to be felled, any of the said Woods, Underwoods, Timber. & Timber trees, but in due and seasonable time of felling, accor­ding [Page 28]to the custom of the Country used in those parts, where the said premises grow, And that the bargainee, &c. will not de­stroy the springs after the fall of the woods, but wil preserve thē. and continue; And also that he the said P.E. his Executors and Assigns, shall and will not hurt or de­stroy the sheats and springs which shall grow in and upon the said premises after the fall of the said Woods as aforesaid, but shall and will to his and their uttermost power, keep, save and preserve the same. In witnesse whereof, &c.

¶ An Indenture of the sale of Woods, with Covenants to cole the said Wood upon the Ground, &c.

THis INDENTVRE made, &c. Between T.P. of W. in the County of S. Gent. of th'one part, and T. G. of E. in the said County, Yeoman, of the other Party, Witnesseth, that the said T. P. for, and in consideration of the sum of, &c. of, &c. to him the said T. P. by the said T. G. well and truly in hand payed, whereof, and wherewith the said T.P. acknowledgeth himself to be fully satisfied, contented & paid, and thereof, and of every part thereof, doth by these presents clearly acquit & discharge the said T. G. his Heirs, Executors, and Administra­tor, hath granted, bargained and sold, and by these presents, doth grant, bargain and sell unto the said, [...]. G. his Executors, Administrators and Assigns, all and singular the Woods, Un­derwoods, and Trees, Grant of full power and li­cense to fell, cut down, cleave out, hew, saw, cord & cole the said wood, &c. at seasona­ble times, un­til the feast of, &c. & to carry away the same, &c. now standing, growing, or being in or upon the Lands, Tenements, or Hereditament of the said T. P. hereafter mentioned; that is to say, in or upon certain Lands called the F. lying together, and bounding to the Lands, &c. And further, the said T. P. doth by these presents, for him, his Heirs, Executors, Administrators and Assigns, and unto him the said T. G. his Executors, Administrators and Assigns gran­teth that it shall and may be lawfull to and for the said T. G. his Executors, Administrators and Assigns, to have full power free liberty, license and authority, for him, his heirs, &c. to fell, cut down, cleave out, hew, saw, cord and cole the said Wood, Underwoods, and Trees, or any part thereof before by these [Page 29]presents meant and intended to be bargained and sold, from time to time, and at all covenient and seasonable times, until the Feast of, &c. which shall be in the year of our Lord, &c. And further to have and enjoy free liberty, full power, licence and authority from him the said T. P. his Executors, to carry away all or any part of the said Woods, Vnderwoods, or Trees before mentioned to be bargained and sold, from time to time, and at all times conventent, and by convenient ways, And that it shall be lawful for him to dig pits for sawing the timber, & colepits, &c. & to take earth & dust for the making of the said coles, in places most convenient, & least hurtfull. untill the Feast of, &c which shall be in the year of our Lord God, &c. And that it shall and may be lawfull to and for the said T. G. his Executors, &c. from time to time, and at all times, until the Feast of, &c. which shall be in the year of, &c to dig and make pits for the sawing of the said Timber, and Cole-pits and Cole-places for making of the said Coals, and Colliers Lodges for the workmen, and to take earth and dust room, & other things necessary for the making and converting of the said Woods or any part thereof into coals upon the said premises, in such place and places as shall be most meet and convenient therefore, and least hurtfull unto the said T. P. his Heirs and Assigns. Covenant that the grantee will not cut down, or cause to be cut down the Coppised woods, in un­seasonable times; but at such time on­ly. And the said T. G. doth by these presents, for him, his Heirs, &c. co­venant and grant to and with the said T. P. his Heirs and As­signs, That neither he the said T.G. his Executors, Administra­tors, nor Assigns, nor any of them, shall not fell nor cut down, or cause to be felled or cut down, any of the Coppised woods in unseasonable time or times in the year; but only between the Feast of Saint Michael th'Archangel, and the first day of May, in any of the said years; And the said T. P. for him, his Heirs, &c. doth by these presents covenant and grant to and with the said T. G. his Executors, Covenant that the Grantee may lawfully take & enjoy the said woods &c. without intertuptiō of any person, o­ther than such part as ought to be paid for Tithes. &c. that he the said T. G. his Executors, Administrators, or Assigns, or any of them, shall or lawfully may have, take, and enjoy all and singular the said Woods, Vnderwoods, and Trees before mentioned to be bargained and sold, and every part and parcell thereof, with all such liberty, license, and authority, as are before by these presents granted, according to the purport and true meaning of these presents, without any lawfull let or interruption of any person or persons, other than such part thereof as shall [...]or ought to be payed for Tithes, if any such there shall be [Page 30]due; Proviso, that if any part of the wood shall be upon the premises, after the Feast of, &c. that then, as to so much, the bargain & sale to be void, & the bargainee to have the same to his own use. Provided always, that if any part of the said Woods or Trees before-mentioned to be bargained and sold, shall be re­maining or lying upon any part of the said premises, after the Feast of, &c. which shall be in the year of our Lord God, &c. then for such, and so much thereof, this present bargain and sale to be void, and it shall from thenceforth be lawfull to and for the said T. P. his Executors, &c. to take or have the same to his or their own use or uses. In witnesse whereof, &c.

¶ Obligation Conditioned, for the payment of Money.

Neverint Universi per Praesentes, nor, &c.

THe Condition, &c. That if they th'above bounden L. T. and I. T. or either of them their, or either of their Heirs, Executors, Administrators or Assigns, or the Heirs, &c. of them or either of them, do well and truly content satisfie and pay, or cause to be well and truly contented, satisfied and paid unto the above-named T. C. his Executors, Administrators, or As­signs, the sum of, &c. of, &c. at or upon the, &c. which shall be in the year of our Lord God, &c. at or in the South porch of, &c. That then, &c.

❧ A Deed of Feoffment of a Mes­suage, Lodge, Garden, Orchard, &c. With general Warranty.

TO all Christian People, &c. Greeting in our Lord God e­verlasting; Know ye, that I the aforesaid T. H. for and in consideration, &c. to me the said T.H. by L. T. of the afore­said Parish of R. in the aforesaid County of K. Yeoman, in hand well and truly paid, whereof I do acknowledge my self to be fully satisfied and contented, and the said L.T. his Heirs, Exe­cutors, [Page 31]and Administrators thereof fully to be acquitted and ex­onerated by these presents, have given, granted, delivered, in­feoffed, and by this my present Writing confirmed unto the a­foresaid L. T. his Heirs and Assigns, one Messuage or Tene­ment, with th'appurtenances, one Barn, one Hay-house called a Lodge, with all edifices to the said Messuage belonging or appertaining, one Garden, one Orchard, and 9 pieces or par­cels of Land, Meadow, and Pasture, with th'appurtenances con­taining in the whole, by estimation, 20 acres of Land, Meadow and Pasture, be they more or less, situate, lying and being in the Parish of R. in the aforesaid County of K. and abutting on a certain Lane there, called M. lane leading between L. & N. towards the West, to the lands of R. L. and R. S. towards the South, & the Lands of the said R.G. towards the East & North, as by the met [...]s and bounds thereof they are divided, are set forth, & well known; To have and to hold the aforesaid Messuage or Tenement, with th'appurtenances, the aforesaid Barn, Hay­house, called a Lodge, the aforesaid Garden, Orchard, and the aforesaid 9 pieces or parcels of Land, Meadow and Pasture, with th'appurtenances, and all other premises whatsoever, with their and every of their appurtenances aforesaid, to the said L. T. his Heirs and Assigns for ever, to hold of the chief Lord of the Fee thereof, by the services thereof heretofore due, and of right accustomed. And I the aforesaid T.H. and my Heirs, the aforesaid Messuage or Tenement, with th'ap­purtenances, the aforesaid Barn, Hay-house, called a Lodge, the aforesaid Garden, Orchard, and the said 9 pieces or par­cels of Land, Meadow, and Pasture, with th'appurtenances, & other the premises whatsoever, with every of their appurtenan­ces, to the said L. T. his Heirs and Assigns, against me and my Heirs, and all other men will warrant, and for ever by these presents defend. In witnesse, &c.

Livery upon the Deed of Feoffment.

PEaceable possession and seisin of the Messuages, Lands, and [...]er the premises contained in this Deed, was delivered by the within-named T.H. to the within-named P. W. and [Page 32]to his Heirs, according to the form and effect of this Deed, in the presence of us whose names are underwritten.

And when it is by Attorney, thus.

PEaceable possession and sesin of all and every the premises in this Deed contained, was delivered the 9th day of Iune, in the year within written, by R. S. and N. B. within-named, Attorneys of the said I. D. within named, to the raid E. H. ac­cording to the force, form, and effect of this Deed, in the pre­sence of those whose names are under-written.

¶ A Bargain and Sale, upon Condi­tion for the payment of a certain sum of money, up­on a day, by the Rendor to the Rendee, with War­ranty against all Men, in manner and form of an usual Indenture of Morgage.

THis INDENTURE made, &c. Between W.L. of H. in the County of S. Yeoman, of th'one part, and T. S. of L. in the said County, Yeoman, on th'other part, Wit­nesseth, that the said W. L. in consideration of the sum of, &c. of, &c. to him the said W. by him the said T. S. before the en­sealing and delivery of these presents, well and truly in hand paid, whereof, and wherewith the said W. L. acknowledgeth himself to be fully satisfied, &c. hath given, granted, bargai­ned, and by these presents doth give, &c. unto the said T. S. all that the Site and Manor of L. with the appurtenances, ly­ing and being in H. aforesaid, and all and singular those lands, tenements, rents, services and hereditaments whatsoever in H. aforesaid, being part, parcel, or member of, or belonging to the said Site, or Manor of L. containing in the whole, by estimati­on, &c. and all and singular the lands, tenements, and heredi­taments in L. aforesaid, called and known by the name of, &c. And further the said W. L. hath for the consideration afore­said, given, granted, &c. unto the said T. S. the reversion and [Page 33]reversions, remainder and remainders of all and singular the said Site and Manor, and of all other the premises before by these presents mentioned to be bargained and sold; And all rents, services, and other thing reserved upon, or payable by reason of any demise or lease of the said premises, or any part thereof; To have and to hold all and singular the said Site and Manor, &c. before by these presents mentioned to be bargain­ed and sold, with all and singular their appurtenances, unto the said T. S. his Heirs and Assigns for ever; And the said W. L. doth by these presents, for him, his Heirs, &c. Covenant and grant to and with the said T. S. his Heirs, Covenant that the bar­gainor is sei­sed of a good & indefeasible estate in fee-simple, & that he had full power in his own right to bargain & sell the premises. &c. and every of them, in manner and form following; that is to say, that he the said W. L. is at the time of th'ensealing and delivery of these presents, and at the time of the first estate thereof to be made, executed, or conveyed unto the said T. S. lawfully seized in his own right, and to his own use, of and in the said Site & Manor of L. and of and in all and singular the Lands, Tenements, and Hereditaments, and other the premises before by these premises mentioned to be bargained & sold, with the appurtenances, & of & in every part thereof, in his Demesne, as of Fee-simple, of a good, sure, lawfull, rightfull, absolute, and indefeasible E­state, without condition, morgage, or limitation of use or uses, and at the time of th'ensealing & delivery of these presents, hath, and at the time of the first estate thereof to be made, ex­empted or conveyed, shall have full, lawfull, and rightfull au­thority in his own right, to bargain, sell, and convey the said premises, and every part thereof, And that the premises are, and so shall continue, clearly ac­quitted and discharged, or else sufficient­ly saved harmless, from all former Bargains, Sales, Feoffments, &c. Charges, &c. except the Rents due to the Lords of the Fee, and the Dower of the Mother of the Bargainer. unto the said T. S. and his Heirs, according to the purport or effect of these presents, and that the Site and Manor of L. and all other the Lands, Tene­ments, & Hereditaments, and premises before-mentioned to be bargained & sold, at the time of th'ensealing & delivery of these presents be, & from time to time, & at all times hereafter, shall continue, remain, & be cleerly acquitted and discharged, or by the said W.L. his Heirs, &c. sufficiently saved harmlesse, and indempnified, of & from all manner of Bargains, Sales, Feoff­ments, [Page 34]Alienations, and from all manner of Estates, Tails, V­ses, Statutes Merchant and of the Staple, Recog. Judgements, Condemnations, Annuities, Rent-charges, Rent-secks, Ar­rerages of Rents, Conditions, Forfeitures, Entries or Re-entries for Condition or Conditions, broken Joyntures, Dowers, titles of Dower, and of, and from all other interests, titles, charges, and incumbrances whatsoever, before the ensealing and delive­ry of these presents, had, made, done, committed or executed, or at any time hereafter before the time of the making, execu­ting, or conveying of the first estate of the said premises unto the said T. S. to be had, done, made, committed, or executed by the said W. L. his Heirs or Assigns, or by any other person or persons whatsoever; The rents and services from henceforth to grow due, or payable for, the said premises, or any part therof, And that the bargainer shal peaceably hold, & enjoy the premises, without any lawful evictiō, or disturbance of any person, except the Lord of the Fee touching his Survey, and the Mo­ther touching her Dower. to the Lord or Lords of the Fee or Fees therof, and the Dower or title of Dower, according to the course of the Com­mon Law, of Eliz. Mother of the said W. L. now Wife of M. F. only excepted. And further, that the said T. S. his Heirs and Assigns, shall or may, from time to time, and at all times hereafter, lawfully and quietly have, hold, and enjoy the said Site and Manor, and all other the premises before-mentioned to be bargained and sold, according to the purport, and true meaning of these presents, without any lawfull eviction or ex­pulsion, let, or disturbance of the said W. L. his Heirs or Assigns, or any other person or persons; The Lord or Lords of the Fee or Fees of the said premises, touching only their Seigniory of and in the same, and not otherwise, And the said Elizabeth touching only her Dower, or title of Dower, according to the course of the Common Laws, Proviso, that upon paiment of such a sum at such a day, that the bar­gain and sale shall be void; & that it shall be lawfull for the bargainer to re-enter, &c. of the endowment of W. A. de­ceased, and not otherwise, only excepted. Provided alwayes, that if the said W. L. his Heirs, &c. or any of them, shall, or lawfully will well and truly pay, or cause to be payed unto the said T.S. his Executors, Administrators, and Assigns, in or up­on, &c. next insuing the date of these presents, at or in, &c. the sum of, &c. without fraud or further delay, that then, and from thenceforth, this present gift, grant, bargain and sale, shall cease, be void, and of none effect; and that then, and from thenceforth, it shall and may be lawfull to & for the said W. L. [Page 35]his Heirs and Assigns, into the said Site and Manor of L. and into all other Lands, Tenements, and Hereditaments, and other the premises before by these presents mentioned to be bargain­ed and sold, to re-enter, and the same to have again, repossess, and enjoy, as in his and their former estate, any thing before in these presents contained to the contrary notwithstanding. And further, the said W. L. doth by these presents for him, his Heirs, And that if the bargainer fail in pay­ment of the said sum, &c. that he and all other per­sons, claiming any interest under him, shall upon re­quest, and at the cost and charges in the Law of the bargainee, make further assurance, be it by Fine, Fe­offment, &c. &c. Covenant and grant to and with the said T. S. his Heirs, Executors and Assigns, that if default in payment of the said sum of, &c. or any part thereof, shall happen to be made by the said W. L. his heirs, &c. at the time and place before limi­ted for the payment thereof, contrary to the limitation afore­said, that then the said W. L. his Heirs and Assigns, and every other person and persons whatsoever, any interest or thing ha­ving, or lawfully claiming to have, of, in, or to the said Site or Manor of L. and other the Lands, Tenements, Hereditaments, and premises before mentioned to be bargained or sold, or of, or into any part thereof, by, from, or under the said W. L. shall and will, from time to time, and at all times, during the space of, &c. next ensuing such default in payment, upon reasonable request, and at the costs and charges in the Law of the said T. S. his Heirs or Assigns, knowledge, make, do, execute, and suffer, or cause to be made, done, knowledged and executed, all and every such act and acts, thing and things, devise and devi­ses in the Law whatsoever, for the further assurance, better sure­ty, sure making, or conveying to the said Site and Manor, and other the premises, and of the absolute inheritance thereof, un­to the said T. S. his Heirs and Assigns, be it by Fine, Feoffment, Recovery, with Voucher or Vouchers, Deed or Deeds, inrol­led or not inrolled, or by the inrollment of these presents, Re­lease, Confirmation, or otherwise, with Warranty against all men, or without Warranty, or by all, any, or as many of the said assurances and conveyances, with Warranty against all per­sons, or without Warranty, as by the said T. S. his Heirs or Assigns, or by his or their learned Counsel in the Law shall be reasonably devised, or advised and required; And further, that he within such a time after default in pay­ment, will de­liver all the evidences cō ­cerning the premises. And moreo­ver, that the said W. his Heirs, Executors, or Assigns, shall and will, within the half year next ensuing such default in payment [Page 36]of the sum of, &c. (if default in payment thereof shall be made) well and truly deliver, or cause to be delivered unto the said, T. S. his Heirs or Assigns, to the proper use and behoof of him the said T. S. his Heirs and Assigns, all and singular the Deeds, Evidences, Charters, Court-Rolls, Rentals, Terrors, and Wri­ting, touching or concerning only the premises before-mentio­ned to be bargained and sold, or touching any part thereof, or of any of them, as he the said W. L. or any other person or per­sons, to his, or by his delivery, now hath or have, or may law­fully come by, without Sute in the Law, or then shall have, or may lawfully come by, without Sute in the Law, whole, safe, uncancelled, and undefaced. In Witnesse whereof, &c.

The Bargainer doth Covenant with the Bargainee, that he is seised of an Estate, in Fee, in his own Right, that he will free him from all E­victions, &c. except from R. &c. and that he will make him further assurance, &c.

ANd the said W. B doth by these presents, for him, his Heirs, &c. Covenant and grant, to and with the said I. L. his Heirs, &c. in manner and form following; that is to say, That he the said W. B. is at the time of the ensealing and delivery of these presents, lawfully seized in his own right in his Demean, as of Fee-simple, of and in the said Messuage, &c, and other the premises before by these presents mentioned to be bargained and sold, with th'appurtenances, of a good, sure, lawfull, and rightfull estate in Fee-simple; And then had good rightfull power, and lawfull authority to bargain, sell, and alien the said Messuage, and other the premises, with th'appurtenances, and every part and parcel thereof, unto the said I. L. his Heirs and Assigns; And that the said I. L. shall, or lawfully may from time to time, and at all times hereafter, for ever, lawful­ly and quietly have, hold, occupy, and enjoy the said Messua­ges, &c. without any lawfull let, eviction, expulsion, or distur­bance of the said W. B. his Heirs or Assign, or of any other per­son, [Page 37]or persons whatsoever; other than of and from such evicti­ons and disturbances, as by the Heirs or Assigns of R. B. late of B. in the said County deceased, shall hereafter happen to be made by re-entry upon the said premises, according un­to a Condition in a certain Deed Indented, bearing date, &c. contained; by reason only for and in default of payment here­after by the said I. L. his Heirs or Assigns, to be made unto the said Heirs or Assigns of the said R. B. deceased, contrary to the form of the said Condition of one Annuity or yearly Rent of payment, of, &c. hereafter in or by the said Indenture reser­ved, granted, or payable unto the said R. B. his Heirs or Assigns, of some part thereof; And that the said Messuage, &c. and all and singular other the premises before by these presents men­tioned to be bargained and sold, with th'appurtenances, at the time of the ensealing and delivery of these presents, be, and so from time to time, and at all times hereafter, shall continne, remain, and be unto the said I. L. his Heirs and Assigns, clear­ly acquitted and discharged, or else sufficiently saved harm­lesse and indempnified, of, and from all and all manner of Mor­gages, Feoffments, grants, alienations, Entails, Joyntures, Dowers, Leases, Conditions of Statutes Merchant, and of the Staple, Recogn. Rent-charges, Rent-secks, Arrerages of Rents, Judgements, Condemnations, Executions, and of and from all other interests, titles, charges, and incumbrances whatsoever, had, made, done, executed, committed or suffered by the said W. B. his Heirs or Assigns, or by any other person or persons whatsoever; The Rents and Services from henceforth to be due and payable to the Lord or Lords of the Fee or Fees there­of; And one yearly Rent or payment of, &c. a year, due or payable unto one I. B. of S. aforesaid, and his Heirs; And all re-entries by the Heirs and Assigns of the said R. B. hereafter to be made, by vertue of the said recited Condition only, for, and in default of payment after the ensealing and delivery of these presents by the said I. L. his Heirs and Assigns, to be made by the Annuity or yearly rent, or payment of, &c. in or by the faid recited Indenture reserved or payable, only excepted and forep [...]sed. And also that the said W. B. and M. his Wife, and the Heirs and Assigns of the said W. and all and every person [Page 38]or persons, anything in the said Messuages and premises, or in any part thereof, having, or lawfully claiming to have, by, from, or under the said W. B. his Heirs and Assigns, shall and will, from time to time, and at all times hereafter, during the space of, &c. next ensuing the date of these presents, upon rea­sonable request, and at the cost and charges in the Law of the said I. L. his Heirs and Assigns, knowledge, make, do, exe­cute and suffer, or cause to be made, done, knowledged, and executed unto the said I. L. his Heirs or Assigns, or to such o­ther person or persons, as he or they shall nominate & appoint; All and every such further act and acts, thing or things, devise and devises whatsoever, be it by Fine, Feoffment, Recovery with Voucher or Vouchers, Release, Confirmations, with War­ranty against all persons, or without Warranty, or by any, or as many of these wayes and means, or by any other lawfull as­surance, or assurances, as by the said I. L. his Heirs or As­signs, or by his, or their learned Counsel in the Law shall be reasonably devised or advised. And finally, the said W.B. doth by these presents, for him, his Heirs, &c. further covenant and grant, to and with the said I. L. his Heirs, &c. that the said recited Condition in the said recited Indenture contained, made or reserved for the payment of the said Annuity or yearly rent, or payment of &c. is not, nor at any time heretofore hath been, by him the said W. his Heirs or Assigns broken, nor that the Heirs or Assigns of the said W. B. nor any person or persons, may, or ought, for or by reason of any default in payment of the said yearly rent, or payment of the said, &c. nor for any other condition, cause, or matter whatsoever, heretofore made, done, committed, executed, or suffered, enter or re-enter into the said Messuage, or other the premises, or any part thereof, or lawfully defeat the estate, interest or possession of the said W. B. his Heirs or Assigns, or of the said I. L. his Heirs or Assigns, or any part thereof, in and to the said Messuage and premises, or of in, or to, any part or parcel thereof. In wit­nesse whereof, &c.

¶ A Covenant that the Bargainer is solely seised of a rightfull estate in Fee, or Fee-tayl, the Reversion or Reversions not to the King.

ANd the said I. R. doth by these presents, for him, his Heirs, &c. covenant and grant, to and with the said I. G. his Heirs, &c. in manner and form following, viz. That he the said I. R. at the time of the ensealing and delivery of these presents is solely, lawfully, and rightfully seised of and in the said Manor, Lands, Tenements, Rents, Services, and other the premises with the appurtenances in his own right in his demean, as of Fee-simple, or in Fee tail general, or as heir of the tail special of an absolute estate, without condition or determination, other­wise than for default of issue of his body lawfully begotten, with the reversion or reversions thereof in Fee-simple to him and his Heirs, or to some other common person, and not to the Commonwealth, &c. immediatly appertaining, &c.

Covenants, that the Bargainer shall made satisfaction for so much of the premi­ses as shall be recovered from the Bargainee.

ANd further the said I. T. doth by these presents, for him, his Heirs, Executors and Assigns, covenant and grant to and with the said A. L. That he the said I. T. his Heirs, &c. shall and will likewise from time to time, and at all times, for ever, from and after the ensealing and delivery of these presents, ei­ther well and sufficiently save, and keep harmlesse, as well the said A. L. his Heirs and Assigns, as also the said capital Messu­age, Lands, Tenements, and Hereditaments before mentioned to be bargained and sold, with all and singular their appurtenan­ces, of and from all and all manner of Rent-secks, Arrerages of Rents, Statutes Merchant, & of the Staple, Recog. Iudgments, [Page 40]Executions, Forfeitures, Amerciaments, Intrusions, and of and from all other interests, titles, charges and incumbrances what­soever, before the ensealing and delivery of these presents had, made, done, committed, or executed, which at any time or times hereafter, before the full and perfect execution of such good and perfect estate of the said premises, as by these presents are meant to be had, made, done, executed and conveyed unto the said A. L. his Heirs and Assigns, shall be had, made, done, com­mitted or executed by the said I. T. I. S. the Father, &c. or by either or any of them, or by the right, estate, consent, means or procurement of them, or either, or any of them; The said old and accustomed rents, customs, and services before excepted, and the said Lease for term of years made unto the said I. L. al­ways excepted: Or else, if the said I. L. his Heirs or Assigns shall at any time or times hereafter happen to be damnified by reason of the act or acts, person or persons aforesaid, or every, or any of them, then the Vendor to make satisfaction as follow­eth, of any the Rents, Arrerages, Statutes, Recog. Iudgements, Executions, Fines, Issues, Americiaments, Intrusions, Interests, Titles, charges, or incumbrances last before recited (except be­fore excepted) That then and so often he the said I. T. his Heirs, Executors, Administrators & Assigns, or some of them, shall & will, after such damnification had and sustained, within the space of, &c. next after notice thereof, and request therefore to be made to the person of the said I. or of his Heirs, Executors, or Administrators, or else by open publication in the Parish Church of W. in the said County upon some Sunday in the fore­noon, in the presence of 10 of the Parishioners of W. aforesaid, at the least, by the said A. L. his Heirs, &c. or any of them, well and truly content, satisfie, and recompence or pay unto the said A. L. his Heirs and Assigns, and his, and their, or one of their Executors and Administrators, or some, or any of them, at one whole payment, at or in the Church Porch of R. aforesaid, all such damages as the said A. his Heirs or Assigns, thereby, or by reason of the same, then, or before that time, shall have sustai­ned, or then shall or may thereby sustain. And moreover, the said I. T. for him, his Heirs, Executors, Administrators and Assigns, covenanteth and granteth, to and with the said A. L. [Page 41]his Heirs and Assigns, by these presents, that if the said Freehold and Inheritaace of the said capital House or Tenement, and other the premises before by these presents mentioned to be bargained and sold, or any part thereof, shall at any time or times hereafter happen to be by any former title grown or ac­crued before the delivery of these presents, or by reason of any act or thing had, made, or done, or suffered before the delivery of these presents, without fraud or covin, on the part and behalf of the said A. L. his Heirs or Assigns, or any of them, by any lawfull Action, Sute, Iudgment, Execution, or Entry lawfully re­covered or evicted from the said A. L. his Heirs or Assigns, or by any person or persons, other then by the said I. T. and I. S. the Father, or either of them, and other then by the Heirs and Assigns of them, or any of them, or claiming in, by, from, or un­der them, either, or any of them, and other then by the Ance­stor or Ancestors of the said I. T. his Heirs or Assigns, or any of them, That then the said I. T. his Heirs, Executors, Administra­tors or Assigns, shall and will, after such recovery, eviction, or expulsiō, within the space of &c. next ensuing such notice there­of as aforesaid given, well and truly pay, or cause to be payed, unto the said A. his Heirs or Assigns, or his or their, or one of their Executors, Administrators or Assigns, at or in the Porch of the Parish Church of R. aforesaid, in manner and form fol­lowing, that is to say, so many sums of, &c. of, &c. as there shall be acres of the premises before mentioned to be bargained and sold, so recovered or evicted as aforesaid, (except the capital messuage or tenement, if the same or any part thereof shall happen to be as aforesaid recovered or evicted) or the said A. his Heirs or Assigns, to be of the freehold or inheritance there­of as aforesaid, lawfully expulsed or evicted, the sum of, &c. of lawfull, &c.

An Indenture to lead the use of a Fine, of some part of the premises, and to lead the use of a Recovery of the residue, the use of some part of the premises, to be to the Ven­dee absolutely, and of the residue, but upon Condition, for the assurance of certain money, hereafter to be payed by the Vendee unto the Vendor.

THis INDENTURE made, &c. Between H. P. of, &c. of th'one part, and I. F. of th'other par [...], Witnesseth, That for and in consideration of, &c. And also for divers good causes and considerations hereafter mentioned, it is convenanted, granted, concluded, condiscended, and fully agreed, by and be­tween the parties to these presents, and either of the said parties do by these presents, for them, their Heirs, Executors, Admini­strators and Assigns, covenant, grant, conclude and condiscend in manner and form following, that is to say, That the said H. P. shall before the first day of &c. next ensuing these presents, at the costs and charges in the law of the said I. F. his Heirs and Assigns, before the Justices of Common-pleas at West. acknow­ledge and levy one Fine sur. cogniz. d. droit com ceo que il ad deson. don, with proclamations, according to the form of the Statute in that case provided, That part of the Indenture which is to lead the use of the Fine. in due form of Law to be levied unto the said I. F. of all that his house, water-mill, and parcel of ground, containing by estimation one acre, situat and being in B. in the said County of S. aforesaid, by such number, names of acres, & quantity of land, as in the said Fine, so to be levied, shall be conteined; which said Fine so to be levied, and the execution thereupon to be had, shall be to the only use and behoof of the said I. F. his Heirs and Assigns for ever, and not to any other use or uses. And further, that he said I. F. shall, before the first day of, &c. next ensuing the date of these presents, at the costs and charges in the Law of the said I. F. purchase and sue forth a­gainst him the said H. P. one original writ of E [...]tre sur disseisin in l' post retornable before the said Justices of the said Court of Common-pleas, That part which is to lead the use of the Recovery. to demand against him the said H. all those the Manors, Messuages, Lands, Tenements, Meadows, Pastures, Woods, Underwoods, Rents, Services & Hereditaments, called or known [Page 43]by the name of B. with the appurtenances, situat, and being in S. aforesaid, and all other the messuages, lands, tenements, mea­dows, pastures, feedings, woods, commons, wayes, waters, rents, reversions, services, Court leets, liberties, and all other heredita­ments, whatsoever they be, lying and being in S. aforesaid, which A. P. Father of the said H. sometimes purchased & had of I. F. Esq by certain names, number of acres, and quantity of land, to be in the said writ contained, unto which said wri [...], so to be purchased, the said H. P. shall appear gratis, & vouch to war­ranty the common Vouchee, who shall likewise appear gratis, en­ter into the warranty and plead, and after make default, and that there upon judgment to be given, that the said I. F. shall recover the said Manor, messuages, lands, tenements, hereditaments, & all other the premises, with the appurtenances, against the said H. P. and the said H. P. shall recover in value against the common Vouchee, so that a perfect recovery may be thereupon had, and that both the said parties to these presents, and the said common Vouchee, shall at the costs and charges in the Law of the said I. F. make, do, and execute all and every matter and thing what­soever, meet, necessary, or expedient, for the prosecution of the said recovery, according unto the course of common Recoveries with single Voucher in such cases, which said recovery so to be had and executed, and the execution thereof, and the said Manor, messuages, lands, tenements, hereditaments, & all other the pre­mises, shall be to the only use & behoof of the said I. F. his Heirs and Assigns for ever. Provided, that if the said I. F. his Heirs, Executors, Administrators or Assigns, Note: Proviso, that if the recove­rer fail in payment of such a sum, that then the use limited to him to be void. shall not well and truly content and pay, or cause to be well and truly contented, satisfi­ed and paid unto the said H. P. his Heirs, Executors, Administra­tors or Assigns, in, or upon the, &c. which shall be, &c. the sum of, &c. at or in the now dwelling house of the said H. P. situate in H. aforesaid, but in payment thereof, or of some part thereof, shall make default, contrary to the effect, intent, & true meaning of these presents, that then and from thenceforth the uses be­fore limited, of, or concerning the said Manor-house, or principal messuages or tenements, also of or concerning all those lands, &c. shall cease and determine, and the then and from thence­forth the said Manor-house, &c and the said Recovery thereof as [Page 44]aforesaid to be had and executed, and the execution thereof to be taken, for and concerning only so much of the said premises as are before mentioned to be bounden out, and the use thereof, and all and every other person and persons that shall stand or be sei­zed thereof, or of any part thereof, shall from and after such de­fault in payment, to be as aforesaid made by the said I. F. his Heirs, Executors, Administrators & Assigns, or any of them, of all or any part of the said sum of, &c. stand and be thereof seized to the only use and behoof of the said H. P. his Heirs & Assigns for ever, and not to any other use or uses, and the said H. P. for him, Covenant, that the land under the con­dition afore­said is & shall continue, ei­ther acquitted or sav'd harm­lesse from all former bar­gains, &c. ex­cept the con­dition afore­said, and the rents due to the Lord of the Fee. his Heirs, Executors, Administrators and Assigns, doth by these presents covenant and grant to and with, &c. in manner and for following, that is to say, that the said Manor, Messuage, &c. at the time of the ensealing & delivery of these presents, be, and so from time to time, & at all times hereafter, under the said proviso and condition before mentioned, shall remain, continue, and be, unto the said I. F. his Heirs and Assigns, according to the limitation and use aforesaid, either clearly acquitted, and discharge, and sufficiently saved harmlesse, of and from all, and all, and all manner of former bargains, sales, gifts, alienations, Leases, Conditions, &c. whatsoever before had, made, done, exe­cuted or committed by the said H. P. his Heirs or Assigns, or by H. P. Esq deceased, Father, &c. his Heirs or Assigns, or by any other persons or persons by their consent, means, or procurement, or either of them, or by reason or means of any other act or thing whatsoever, Or else that the recoveree will, if the re­coverer shall be lawfully expulsed, ex­cept by such incumbrances before excep­ted, within, &c after notice of such expulsiō, pay so much, as the recove­rer shall be damnified thereby. heretofore, or before the making or conveying of the first estate or assurance of the said premises to the said I. F. to be had, made, done, executed, or committed, by the said H. F. his Heirs or Assigns, or by any other person or persons whatsoever, by his or their consent, means or procurement; All such incum­brances which are or shall be, or happen, by reason or means of the said proviso; And the rents, payments, and services from henceforth to grow due or payable, for or by reason of the premi­ses, or any part thereof, to the Lord or Lords of the Fee or Fees thereof, and one Lease heretofore made by the said H. of a Tene­ment, &c. which upon the yearly rent of, &c. is reserved, & shall or ought to be payable, during the term yet to come, unto the said I. F. his Heirs and Assigns only excepted; or else that if, and [Page 45]as often as the said I. F. his Heirs and Assigns shall at any time or times hereafter happen to be, without fraud or covin, lawfully expulsed or evicted, of all, or any part of the said Manor, Messu­ages, &c. except by reason of such incumbrances as be before excepted; That then, and so often, the said H. P. his Heirs, Exe­cutors of Assigns, shall and will within, &c. next after notice to him, or any of them given, by the said I. F. his Heirs or As­signs, of any such eviction, expulsion, or damnification (except before excepted) well and truly pay and satisfie unto the said I. F. his Heirs, Executors, Administrators or Assigns, so much as the said I. F. his Heirs or Assigns shall sustain, or be damnified, by means of any eviction, expulsion, or damnification, upon, or by reason of any the incumbrances aforesaid (except before excepted.) And further, the said H. P. doth by these presents, for him, his Heirs, Executors, Administrators and Assigns, and every of them, Covenant, to make further assurance of the premises, other than of the Lands contained un­der the provi­so. Covenant and grant, to and with the said I. F. &c. that he the said H. P. his Heirs and Assigns, and all and e­very other person or persons whatsover, any estate, interest, or thing having, or lawfully claiming, in all or any of the said Ma­nor, Messuages, &c. or any part thereof, by, from, or under him the said H. P. his Heirs or Assigns, other than the said I. R. concerning the said interest or lease before excepted, shall and will from time to time, and all times hereafter, during the space of, &c next ensuing the date of these presents, upon reasonable request, and at the costs and charges in the Law of the said I. F. his Heirs or Assigns, knowledge, make, do, execute and suffer, or cause to be made, done, knowledged and suffered, all any very such further and reasonable act and acts, thing and things, de­vise and devises in the Law whatsoever, for the further assu­rance of the said premises, And that if the Recoverer do pay the money accor­ding unto the proviso, that then the Re­coveree will make further ass [...]rance like­wise of these lands. or any part thereof, according to the purport, & true meaning of these presents, other than the said Manor-house, &c. And such part and parcel of the said premi­ses, as is before bounden, and limited out, be it by Fine, Feoff­ment, &c. And further, if the said I. F. his, &c. or any of them, shall well and truly content, and pay, or cause to be well and truly contented and paid, unto the said H. P. his Executors, &c. the said sum of, &c. according unto the purport and true mea­ning of the said proviso, at the time and place limited for the [Page 46]payment thereof, that then the said H. P. his Heirs and Assigns, and all and every other person and persons whatsoever, any e­state, interest or thing having, or lawfully claiming to have, of and in all, or to any part of the said Manor, Messuages, &c. be­fore by these presents mentioned to be bounded out, shall and will from time to time, and at all times after the payment of the said sum of, &c. according to the said proviso, during the space of, &c. next ensuing such payment, at the costs & charges in the Law of the said I. F. &c. knowledge, do, make, execute, &c. for the further absolute assurance, better surety, and surer making and conveying of the said Manor-house, Messuages, &c. before mentioned to be boundent out, be it by Fine, Foeffment, &c.

¶ An Indenture to lead the use of a Fine, and Recovery.

THis INDENTVRE Tripartit, made, &c. Between I. G. of &c. of the first party; R. R. of, &c. of the second party; and T. A. of, &c. of the third party, Witnesseth, that for divers good causes and considerations it is covenanted, granted, concluded, condiscended, & fully agreed upon, by and between all the said parties to these presents, & either of the said parties do by these presents, for thē, their heirs, &c. covenant, grant, conclude, con­discend, and fully agree to and with th'other, their Heirs, Exe­cutors, Administrators and Assigns, in manner and form fol­lowing, that is to say, that the said I. G. shall and will before the, &c. next, &c. at his own proper cost & charges in the Law, before the Iustices of the Court of Common-pleas at Westmin­ster, knowledge one Fine, sur cognizance, d. dr [...]it come ceo, que il ad d. son done unto the said R. R. and T. B. with Proclamati­ons according to the form of the Statute in such case made and provided in due form of Law to be levied, of all that the Messu­ages, &c. situat, lying and being, in the Parish of H. in the said County of K. now in the tenure or occupation of A. T. the younger and sometime were the lands, tenements and heredi­taments of W. H. deceased by certain names, number of acres, and [Page 47]quantity of land in the said Fine to be contained. By which fine, the said I. G. shall acknowledge the said Messuages, &c. and all and singular other the premises, with th'appurtenances, to be the right of the said R. R. and T. B. as those which the said R. R. and T. B. shall have of the gift of the said I. G. and the same shall remise, release, and quit claim unto the said R. R. and T. B. and their Heirs forever; which said Fine so to be acknow­ledged and levied, and the execution thereupon to be had and taken, and the said Messuages, &c. shall be adjudged, deemed, and taken to be, and every part and parcel thereof, to the only use and behoof of the said R. R. and T. B. their Heirs & Assigns for ever; and not to any other use. And further, that the said R. R. and T. B. shall after the said Fine so to be acknowledged and levied, permit and suffer the said T. A. party to these pre­sents, and I. G. to purchase and sue forth against them the said R. R. and T. B. one Writ of Entry sur disseisin en l' post, &c. and therby to demand against them the said R. R. and T. B. the said Messuages, and all other the premises, with the appurtenances, by certain names, in the said Writ to be contained, unto which said Writ so to be purchased, the said R. R. and T. B. shall ap­pear gratis, and Vouch to warrant the said I. G. which said I. G. shall likewise appear gratis, and enter into Warranty, & plead, and after make default, and that thereupon judgement shall be given that the said T. A. party to these presents, and the said I. G. shall recover the said Messuages and other the premises with the appurtenances, against the said R. R, and T. B. and that they shall recover over in value against the said I. G. and that he shall recover in value against the Common Vouchee, so that a perfect recovery therupon be had: And that all the said par­ties to these presents, & the said Common Vouchee, shall make, do, and execute all and every matter and thing, meer, necessa­ry, and expedient for the prosecution of the said Recovery, ac­cording the course of common recoveries with double Voucher in such case used, which said Recovery so to be had and execu­ted and the execution thereof, shall be and inure to the only use and behoof of the said I. G. his Heirs and Assigns for ever, and not to any other use, intent, or purpose. In witnesse, &c.

¶ An Indenture to lead the use of a Fine only.

THis INDENTURE made, &c. Between L. R. of &c. of th'one part, and W. R. of, &c. of th'other part, Witnesseth, that it is covenanted, &c. by and between the parties to these presents, and the said L. R. for her, her Heirs, Executors, Admi­nistrators and Assigns, doth covenant, &c. in manner and form following, that is to say, that she the said L. R. shall and will before the Feast of, &c. by Fine in due form of Law to be levied in the Court at Westminster before the Justice of the Common Pleas, with Proclamations, according unto the form of the Sta­tute in that case provided, acknowledge all that the Barn, &c. hereafter mentioned, that is to say, one Barn, &c. in W. afore­said, whether more or lesse thereof there be had, called and known by the names, &c. and bounding and abutting in manner and form following, that is to say, by such names, number of acres, and quantity of Land, Meadow and Pasture, as in the said Fine shall be mentioned to be the right of the said W. R. as that which the said W. R. hath of the grant of the said L. and that the said Fine so to be levied, and the execution thereupon to be had or taken, shall be to the only use and behood of the said W. R. his Heirs and Assigns, and not to any other use or uses. In Witnesse whereof, &c.

An Indenture to lead the use of a Recovery.

THis INDENTURE Quadrupartit, made, &c. Between H. P. of, &c. of the first party; T. P. of, &c. of the second par­ty, I. T. and I. S. of the third party, and A. P. of &c. Widow, late wife of T. P. deceased, of the fourth party; Witnesseth, that for divers, &c. it is covenanted, &c. by and between the said parties to these presents, and either of the said parties do by these presents covenant, &c. to and with th'others, in manner [Page 49]and form following, that is to say, that the said I. T. and I. S. shall on this side, and before the Feast of, &c. next ensuing, &c. purchase and sue forth out of the high Court of Chancery, one original Writ of entre sur disseisin in l' post against the said H. P. retornable before the said Iustices, &c. at a certain time in the said Writ to be mentioned, and by the said Writ shall demand against the said H. P. all the Lands, &c. Situate, lying and being in H. and W. or in either of them, in the said Coun­ty of S. called or known by the name of, &c. or by whatsoever other name or names the same been called or known, or as part, parcel, or member thereof, reputed, esteemed, or taken, contai­ning in all, by estimation, &c. whether more or lesse, & also all and singular other the premises, with th'appurtenances, in H. W. aforesaid, or in either of them, which the said H. P. late pur­chased, or had of the gift or grant of the said T. P. party to these presents, by certain names, number of acres, and quantity of land in the said Writ to be specified, unto which said Writ the said H. P. shall appear gratis, and take upon him the Tenancy of the said Lands, Tenements, and other the premises, with the appur­tenances, and Vouch to warranty the said T. P. party to these presents, who shall likewise appear gratis, and after shall make a departure in despite of the Court, so that judgment shall be thereupon given, that the said I. T. and I. S. shall recover the said Lands, &c. and other the premises in the said Writ to be cō ­tained against the said H. P. and that the said H. P. shall reco­ver in value against the said T. P. party to these presents, and the said T. P. party to these presents shall recover in value a­gainst the said Common Vouchee, & that execution of the said recovery so to be had shall be made according unto the form of common recoveries in such case used. And further the said I. T. & I. S. H. P. & T. P. parties to these presents, and the said Common Vouchee, and either and every of them, shall and will make, do, knowledge, execute, and suffer, all and every such act and acts, thing and things whatsoever, meet, necessary, or expe­dient for the prosecution of the said Recovery, and the Executi­on thereupon, according to the form and order of Common recoveries, with double Voucher in such cases used. And it is further covenanted, &c. by and between all the parties to these [Page 50]presents, and either of the said parties doth by these presents, covenant, grant conclude, condescend, and fully agree, to and with th'other, in manner and form following; that is to say, that the said Recovery of all and singular the lands, &c. and the execution thereof, and all the Lands, &c. and other the pre­mises, shall for ever, immediatly from and after the Recovery and Execution had, be, and remain, and all and every person and persons, which now at the time of the said Recovery to be had, shall stand or be seized of the said premises, or of any part thereof, shall stand and be, of all and singular the lands, &c. and other the premises, or any part thereof seized, to the only use and uses hereafter, expressed, and not to any other use or uses, intents and purposes; that is to say, to the use of the said A. P. for ever, during the natural life of her the said A. and af­ter her decease to the use and benefit of the said H. P. his Heirs and Assigns for ever, and not to any other use or uses. In wit­nesse whereof, &c.

¶ A Condition of an Obligation to perform an Arbitrement.

THe Condition &c. That whereas divers and sundry contro­versies, sutes, strifes and debates, have heretofore been had, moved & stirred up, and yet are depending between th'above­named T. C. and W. W. of &c. Brother of th'above bounden R. M. for the ending of which said controversies, actions, sutes and debates, as well the said W. W. and the said T. C. as th'a­bove bounden R. M. who by Letter of Attorney from the said W. W. prosecuteth the said strifes, have submitted themselves to the award, order, rule and judgment of P. M. of, &c. and one R. B. of, &c. Arbitrators indifferently elected & chosen, as well on the part of the said T. C. as on the part of the said W. W. and R. M. to order, determine, and final end to make of all and all manner of controversies, sutes, strifes and debates whatsoe­ver, heretofore had, being or depending between the said T. C. [Page 51]and the said W. W. from the beginning of the world untill the present day of the date hereof; If therefore the said W. W. and the said R. M. and either of them, their Heirs, Executors and Assigns, and the Heirs, Executors and Assigns of any of them, do from time to time for ever hereafter, well and truly stand to, perform, fulfill and keep the award, order, and final determina­tion of the said Arbitrators concerning the aforesaid premises, so as the said award be made and yielded up in writing by the said Arbitrators before, &c. That then, &c.

¶ An Indenture for the assurance of Lands in Marriage, for the Joynture of the Wife, with usual Covenants, for the better assu­rance of the same Lands.

THis INDENTURE made, &c. Between H. F. of, &c. of th'one part, and R. T. of, &c. of th'other part, Witnesseth, that the said H. F. doth by these presents Covenant and grant, to and with the said R. T. that he the said H. shall and will, before the, &c. next, &c. marry and take to wife M. T. one of the Daughters of the said R. T. if the laws of holy Church will permit, and the said M. will thereunto agree. And the said R. T. doth covenant and grant, to and with the said H. F. that the said M. shall likewise before then said, &c. next, &c. marry and take to Husband the said H. F. if the laws of holy Church will that permit, and the said H. will thereunto agree. Covenant, that he is seised of a sure & indefeasible estate, in Fee­simple, in his own right, & that he had full power to convey the Lands, accor­ding to the in­tent of these presents. And further the said H. F. doth for him, his Heirs, &c. covenant and grant to and with the said R. T. his Heirs, &c. that he the said H. F. is at the time of th'ensealing and delivery of these presents, seised in his demean as of Fee in his own right, of a good, sure, lawfull, rightful, absolute and indefeasible Estate in Fee simple, without condition, morgage, limitation or alteration of use or uses, of and in all and singular the Messuages, &c. hereafter mentioned, with th'appurtenances; that is to say, of and in all those parcels of, &c. with all and singular their appurtenances, now in the te­nure of, &c. containing in all, by estimation, &c. and do lie and [Page 52]be in the Parish of, &c. And that the said H. F at the time of the ensealing and delivery of these presents, hath full power and lawfull authority in his own right to convey and assign all and singular the lands, &c. and other the premises aforesaid, in man­ner & form in these presents expressed, according to the intent of these presents. And moreover, that the said H. F. doth by these presents, for him, his Heirs, &c. in consideration of the said marriage so to be had and solemnized, and for the full and en­tire joynture of the said M. and in recompence and satisfactiō of all the Dower and title of Dower which she the said M. may at any time hereafter claim, challenge, or demand, of, in, or out of any Lands, &c. of the endowment of the said H. and for the advancement of the said M. and of the Heirs males of the bo­dy of the said H. upon the body of the said M. to be begotten; And for divers other good causes & considerations him there­unto moving, doth covenant and grant, to and with the said R. T. his Heirs, Executors, Administrators and Assigns, in manner and form following, that is to say, that the said H. F. his Heirs and Assigns, and all, and every other person and persons what­soever, which at the time of th'ensealing and delivery of these presents, stand, or be, or at any time hereafter shall stand or be seised of, and in all, or any part of the said Lands, Tenements, and Hereditaments, and other the premises, shall immediately from and after the said marriage solemnized, And that the lands are, and so shall conti­nue dischar­ged or saved harmlesse, frō all former bar­gains, &c. and incumbrances, the Rents due to the Lords of the Fee, & one Lease of the premises excepted. stand, and be, of all and singular the said Lands, tenements, Hereditaments, & all other the premises, with th'appurtenances, seised to the only u­ses and intents hereafter in these presents expressed or limited, and not to any other use or intent; that is to say, to the use of the said H. F. and M. for, and during the term of the natural lives of the said H. & M. and of the longer liver of them, And of the heirs males of the body of the said H. upon the body of the said M. lawfully to be begotten, and for default of such is­sue, to the right heirs of the said H. F. for ever. And that the said Lands, Tenements, Hereditaments, and all & singular other the premises with th'appurtenances, at the time of th'ensealing and delivery of these presents, be, and from time to time, and at all times hereafter, shall continue, remain, and be clearly acquitted, and discharged, or by the said H. F. his Heirs, &c. sufficiently [Page 53]saved and kept harmlesse, and indempnified of and from all and all manner of bargains, &c. and incumbrances whatsoever, be­fore the ensealing and delivery of these presents, had, made, don, knowledged, committed, executed, or willingly or wittingly suf­fered, by the said H. F. his Heirs or Assigns, or by any other per­son or persons whatsoever, the rents and services from hence­forth to grow due & payable for the premises, or any part therof to the Lord or Lords of the Fee or Fees therof, And one Lease of, &c. wherupon the yearly rent of, &c. is reserved, and shall du­ring all the said term be payable, only excepted and fore-prized; And moreover, that the said H. F. his Heirs and Assigns, And that he will upon rea­sonable re­quest make farther assurance. and all and every other person and persons, any estate, interest, or thing having, or lawfully claiming to have, by, from, or under the said H. of, in, or to the said premises, or any part thereof, other than the said lease, for or concerning any the said interest or term of years before excepted, and not otherwise, shall and will from time to time, and at all times hereafter, during the space of, &c. next, &c. upon reasonable request, and at the costs and charges in the law of the said R. T. his Heirs of Assigns, knowledge, &c. (ut antea) or of any part thereof, to the said R. T. his Heirs or Assigns, as shall be nominated or appointed to the uses and in­tents before in these presents expressed, be it by Fine, Feoffment, Recovery with Voucher or Vouchers, &c. (ut antea) as by the said R. T. his Heirs or Assigns, or by his or their learned Counsel in the Law shall be reasonably devised, or advised and required. And further, that the said H. F. shall not at any time or times hereafter, make or convey, or procure to be made or conveyed, And that he will not do, or cause to be done, any act or thing, whereby to defeat this conveyance, so that the lands may not de­seend, remain, & come, &c. according to the limitation in this con­veyance. any estate or estates of the premises, or of any part thereof, to any person or persons in Fee-simple, Fee-tail, or for term of life or lives, or make any di [...]continuance of, nor otherwise defeat, a­void, or annihilate the estates before in these presents limited, nor any of them, nor shall make, do, commit, execute, or witting­ly or willingly suffer to be done, made, committed or executed, any act or acts, thing or things, devise or devises whatsoever, whereby all or any part of the said lands, tenements, heredita­ments, and other the premises, shall not or may not be enjoyed, and continued, remain, descend, come, and be ac­cording to the limitation aforesaid, and according to the [Page 54]true intent and meaning of these presents. In witnesse whereof, &c.

A Bond to the Sheriff for appearance in Banco Regis.

Noverint, &c. nos, &c. tenevi, &c. I. S. Armiger, Vice-com. Com. K. praedict. in, &c. solvend. eidem, &c.

THe Condition &c. that if the above-bounden I. D. shall and do appear before, &c. at Westminster, Dis Sabbath [...], prox. post Octab. Sancti Martini, to answer to E.D. Widow, in a plea of Trespasse upon the case, That then &c.

A Grant of an Executorship, and of all such goods, and other things, as the Executor hath, or ought to have, of the Testator, by the Executorship, or otherwise: In which Grant are divers Covenants.

THis INDENTURE made, &c. Between M. C. &c. Executrix of the last Will and Testament of E. C. late of, &c. aforesaid Widow, deceased, of th'one part, and I. S. &c. aforesaid of the other part, Witnesseth, that the said M. C. for and in consideration of, &c. hath given, granted, bargained and sold, and by these presents doth give, &c. unto the said I. S. his Executors Administrators and Assigns, all and singular the goods, leases, chattels, both real and personal, that were unto the said E. at the time of her decease belonging, which the said M. hath, or of right ought to have, as Executrix of the last Will of E. or otherwise, and of all manner of debts, duties, advanta­ges, commodities and demands, which the said M. her Execu­tors, Administrators or Assigns, hath, might, or ought to have, take, challenge, or demand, as Executrix of the last Will of the said E. or otherwise, by vertue of the said last Will and Testa­ment. [Page 55]And further the said M. doth for the consideration afore­said, make, constitute, and in the place and room of her, A large Letter of Attorney made to the Grantee, his Executors & Administra­tors, to re­ceive all mo­nies, debts, & duties, & to commence all actions in all Courts for the same, at the sute of the Executor in his name, and all such mo­nies, &c. to have to his own use. her Exe­cutors and Administrators, appoint the said I. S. during his life, and his Executors, Administrators and Assigns, after his decease, to be the true and lawfull Attorney & Attorneys of her the said M. and of the Executors and Administrators of her the said M. giving and granting unto the said I. S. during his life, and unto his Executors, Administrators and Assigns, after his decease, full power, and lawfull liberty, licence and authority, in the name of her the said M. her Executors and Administrators, to take, have, ask, receive, and levy all and singular such debts, duties, and de­mands which were due and owing unto the said E. as Executrix of the said last Will, or otherwise which she the said M. by force of the said Will, may ask, have, take, demand, receive, reco­ver, or levy; And further, that he the said I. S. his Executors, Administrators or Assigns, or any of them, shall, or may from time to time, and at all times hereafter, in the name of her the said M. her Executors or Administrators, commence any acti­on or actions, sute or sutes, plaint or plaints, against any person or persons, in any Court or Courts whatsoever, or any to Arrest for any debt, duty, matter, cause, or thing whatsoever, due, ow­ing, or accrued unto, or demandable by the said E. at the time of her decease, and Attorney and Attorneys in the name of the said M. to make, constitute, revoke, alter, remove, and change, And the same actions, sutes, plaints, and Arrests, or any of them, shall or may, in the name of the said M. her Executors, Admi­nistrators or Assignes, at the costs charges in the Law of the said I. S. his Executors, Administrators and Assigns, pro­secute and follow, until judgement and execution shall be there­upon had and made, And all and singular such sum and sums of money, goods, chastels, debts and other things as shall be so in the name of the said M. received, recovered, had or levied, by the said I. S. his Executors, Administrators or Assigns, shall and may have, hold, keep and retain in the hands of him the said I. S. his Executors and Administrators, to his and their proper use and behoof, without any accompt or other thing therefore unto the said Executors or Administrators of the said E. yeelding, ren­dring or paying, giving and granting unto her said Attorney, [Page 56]his Executors and Administrators, full power and authority to do and execute all and every act and acts, thing and things, tou­ching and concerning the said premises, in as large and ample manner in all respects, Convenant that the Grantor hath not made any gift, grant, bargain and sale, or release of any of the Goods or Chattels, &c. nor any Re­lease, Acquit­tance, &c. of any the debts, duties, &c. but that he may take and receive them without di­sturbance, re­vocation, &c. as she the said M. can or might make, [...]o, or execute. And further, that the said M. doth by these pre­sents, for her, her Heirs, Executors and Administrators, Cove­nant and grant to and with the said I. S. his Executors, Admi­nistrators and Assigns, in manner and form following, that is to say, That she the said M. hath not before th'ensealing and delivery of these presents, made any gift, grant, bargain, sale, or release of any of the Goods or Chattels, before by these presents mentioned to be bargained and sold, nor any Release, Acquit­tance, or other discharge of any of the debts, duties, or other things before by these presents mentioned to be granted, but that the said I. S. his Executors. Adminstrators and Assigns, shall and may have and enjoy all and singular the Goods and Chattels, before by these presents given, granted or sold, and receive, have, take, recover, levy and enjoy, all and singular the debts, duties, liberties and authorities, and other things before by these presents mentioned to be granted, bargained, sold, or assigned unto him, without any let or disturbance, or any revo­cation or adnihilation of the said M. her Executors, Admini­strators & Assigns, or of any person or persons by the procure­ment or assent of the said M. her Executors, Nor that she wil not release any such debt or duty, action or actions, &c. but that she will justify all acts done by the Grantee &c. and suffer him, &c. to re­ceive all sums, &c. and take all goods, and chattels to his own use. &c. And further, that she the said M. hath not heretofore discharged or released, any Debt, Duty, or other thing, which she, is Executor of the last Will, or otherwise by vertue of the said last will, may, can, might, should, or ought to have, take, demand, or recover; nor that she the said M. her Executors Administrators or Assigns, nor any other by her or their consent or procurement, shall or will, at any time or times hereafter, discharge or release any such Debt or Duty, or any action or actions, sute, or plaint, that shall or may be taken or commenced for any such Debt or Duties, but that she the said M. her Executors and Assigns, shall and will from time to time, and at all times hereafter, justifie and allow, confirm & avow all and every such action and actions, sute and sutes, plaint and plaints, prosecutions, judgments and executions, as her said Attorney or Attorneys, shall have, make, commence, prosecute, [Page 57]sue or levy in her name, touching the premises, and permit and suffer the Attorney to receive, take, and have to his, her, & their own use and uses, all and every such sum and sums of money, goods, chattels, and other things, as She, her Executors or Ad­ministrators ought to have, receive and levy, as Executrix of the said Will, or otherwise by vertue of the said will. And further, that she the said M. her Executors, Administrators and Assigns, And further, that he will suffer the grantee, &c. to have the whole execu­on of the Will, &c. shall and will, at all times, hereafter, permit and suffer the said I. S. his Executors, Adminstrators & Assigns, from time to time, and at all times hereafter, to have the whole execution of the said last Will, and all the doings and dealings touching the same, and the administration of all the chattels, goods, debts, evidences and leases, which were belonging to the said E. at the time of her decease; And the said I. S. for him, his Heirs, &c. covenanteth and granteth, to and with the said M. her Execu­tors, &c. by these presents, that he the said I. S. his Executors, &c. shall and will well and truly pay, and satisfie all the debts of the said E. deceased, and all the legacies in the said Will con­tained, according to the true meaning of the said Will; And therefore shall and will at all times hereafter, well and suffici­ently save and keep harmlesse the said M. her Executors and Ad­ministrators. In Witnesse whereof, &c.

¶ An assignment of a Statute-Staple whereupon execution hath been had, and of such lands as are thereby extended, with special Covenants.

THis INDENTURE made, &c. Between S. F. of, &c. of th'one part, and T. R. of, &c. of th'other part, Witnesseth, that whereas one I. W. of, &c. is, and standeth holden, and firmly bounden unto the said S. F. by one Recog, or Bond obli­gatory, made according unto the form of the Statute lately made and provided for the Recovery of debts, bearing date, &c. know­ledged, taken and sealed, before Sir I. L. Knight, Lord chief Ju­stice of England, as by the said Recognizance appeareth; And whereas the said S. F. hath sithence the acknowledgeing of the [Page 58]said Recognizance, sued execution thereof, and thereupon hath extended divers and sundry the messuages, &c, lying in the said County of S. which were unto the said I.W. at a certain value, and hath had the said Messuages, &c. lawfully delivered unto him in execution upon the said Recog. by vertue whereof, he the said S.F. hath been, and yet is, of the said Messuages, &c. lawfully possessed; Now these presents witnesseth, that the said S.F. for, and in consideration of the sum of, &c. to him by the said R.T. before the ensealing and delivery of these presents well and truly in hand paid, whereof he acknowledgeth himself by these presents to be fully satisfied, and thereof acquitted, &c. hath granted, bargained, sold, assigned and set over unto the said R.T. all singular the said Messuages, &c. with th'ap­purtenances, which were as aforesaid executed and delivered un­to the said S.F. in execution, upon or by vertue of the said Re­cog. and all the estate, right, title, interest, possession and term, which the said S.F. hath, or of right ought to have, of, in, or to all the said Messuages, &c. Together with the said Recogni­sance, Extent and Execution, or either or any of them; To have and to hold the said M [...]ssuages, &c. and all other the premises before by these presents mentioned to be granted, sold, assigned and set over unto the said R.T. his Executors and Assigns, from the East of, &c. next, &c. for and during all such time, interest estate and term, as the said S. F. hath, or holdeth, or may, should, or ought to have, hold and enjoy the same to all intents and purposes. Covenant that the Grā ­tor hath not done, nor that his Executor shall not doe, or cause to be done, any act or thing, whereby to frustrate or a­void this grant or as­signment. And that the said S. F. doth by these presents for him, &c. covenant and grant, to and with the said R.T. his Executors, &c. That he the said S.F. heretofore hath not, nor that he, his Executors, &c. nor any by his or their means or pro­curement, shall not, nor will no [...] make, do, commit, procure or execute, or cause to be made, done, committed, procured or ex­ecuted, any act or acts, thing or things whatsoever, whereby the said Recog. Extent and Execution, or either or any of thein, is already, or hereafter shall be released, discharged, frustrate, ad­nihilated or avoyded, or whereby the said Messuages, &c. and other the premises, or any part thereof, shall, may, or ought to be evicted, taken, had or recovered from the said R.T. his Exe­cutors, &c. And the said R.T. shall, or lawfully may from [Page 59]time to time, and all times hereafter, have, hold and enjoy, And that the Grance shall enjoy the pre­mises without eviction or di­sturbance of the Grantor, or any one claiming un­der him. all and singular the said Messuages, &c. with th'appurtenances, as aforesaid, executed and delivered in execution, during, and by all such time as the said S.F. his Executors, Administrators or Assigns, may, can, should, or ought to have and enjoy the same, by vertue of the said Recog. Extent, and Execution, or either of them, without any eviction or expulsion, let, or disturbance of the said S.F. his Executors, Administrators or Assigns, or of any other person or persons, any thing therein, or in any part thereof, claiming, by, from, or under him the said S.F. his Exe­cutors and Administrators or Assigns; And that sa­ved harmless from all in­cumbrances. And that saved harm­lesse of all grants, interests, charges and incumbrances, had, made, or committed by the said S.F. his Executors, &c. or by his or their means, assent, consent or procurement. And if the said I.W. shall at any time hereafter pay, And that if the Obliger shall pay any mony, or other things unto the Grantor, that then he shall, within such a time, pay it to the Grantee, or Assignee. or cause to be payed unto the said S.F. his Executors or Assigns, any sum or sums of money, or other thing whatsoever in part of satisfaction of the said Recog. Extent and Execution, or either of them, or of the sum or sums of money in the said Recog, contained, That then he the said S.F. his Executors or Assigns, shall or will, within the space, &c. next ensuing such payment, well and tru­ly pay, or cause to be payed unto the said S.T. his Executors, Administrators or Assigns, all such sum and sums of money, and other things, which the said S. his Executors, Administrators or Assigns, shall so receive, take or gain of the said I.W. his Heirs, Executors, Administrators or Assigns, without fraud, co­vin, or further delay. In Witnesse whereof, &c.

A Deed of Morgage with Warranty against the Morgager, and his heirs only.

TO all, &c. Know ye, me the said T.M. in consideration, &c. to me by one I.G. of G. in the County of K. well and tru­ly before-hand paid, whereof I acknowledge my self to be ful­ly satisfied and paid, and the aforesaid I.G. his Executors and [Page 60]Administrators, to be [...]onerated & acquitted by these presents, have infeoffed, delivered, & by this my present writing inden­ted have confirmed to the aforesaid I.G. all that Messuage, &c. in B. aforesaid, in the County of S. wherin the aforesaid T.M. lately did inhabit and dwell, one Barn, &c. in B. aforesaid, con­taining in the whole by estimation, &c. be they more or less: All and every which aforesaid premises, with th'appurtenances, somtimes were the lands, tenements, and hereditaments of one W.A. deceased, and the rendition and renditions, remainder & remainders of all and singular the aforesaid premises, with th'appurtenances, and of every part and parcel thereof, To have and to hold the said Messuage or Tenement, &c. and all other the premises, with all singular the appurtenances before in these presents mentioned to be delivered, or confirmed to the aforesaid I.G. his Heirs and Assigns for ever, to the only use & behoof of the said I.G. his Heirs and Assigns for ever, To hold of the chief Lord of the Fee thereof, by the services therof due, and of right accustomed. Proviso, that if the Feoffor, pay so much money, that then this con­veyance shall be void, and that it shall be lawful for him to [...]e-enter. Provided alwayes neverthelesse, that if I the said T.M. my Heirs, Executors, Administrators or As­signs, do pay, or cause to be paid to the aforesaid I.G. his Exe­cutors, Administrators or Assigns, the sum of, &c. at or in the now Market house of B. situate, lying and being in the said County of S [...] in and upon, &c. which shall be in the year of our Lord God, at an intire payment, without any fraud or further delay, That then this present writing indented, and all and sin­gular things in the same contained, together with the seisin up­on the delivery thereof, shall cease and be frustrate, and remain of no force in the Law; and that then and from thenceforth it shall and may be lawful to and for me the said T.M. my Heirs and Assigns, into all & singular the aforesaid lands, tenements, hereditaments, and other the premises, with the appurtenances before by these presents mentioned to be delivered and confir­med, and every parcel thereof to re-enter, and the same to have again, repossesse, and reinjoy as in my former estate, any thing notwithstanding. And I the aforesaid T. M. and my Heirs, all and singular the aforesaid premises, lands, &c. and other the premises, with all singular the appurtenances to the aforesaid I.G. his Heirs and Assigns, in manner and form [Page 61]and under the Condition aforesaid, against me and my Heirs will Warrant, and for ever by these presents defend. Warranty. In wit­nesse, &c.

¶ A Condition of an Obligation, for the enjoying the Lands morgaged, according to the pur­port of the Deed, containing also the effect of di­vers necessary Covenants.

THe Condition, &c. That whereas the above-bounden T.M. hath by his Deed Indented, bearing date, &c. enfeoffed the above-named I.G. of and in all that Messuage or Tenement, with th'appurtenances, in B. &c. of one Barn, &c. To be had and holden unto the said I.G. his Heirs and Assigns for ever, under a certain proviso or condition in the said Deed Indented contained, for the payment of, That the Fe­offee shall en­joy the lands without any lawfull evicti­on, &c. &c. unto the said I.G. &c. at a certain time and place in the condition of the said Deed inden­ted mentioned, as in and by the said recited Indenture more at large it doth and may appear; If therefore the said I.G. his Heirs and Assigns, and every of them, shall and lawfully may, from time to time, and at all times hereafter, peaceably, &c. have, hold, &c. the said Messuages, &c. and all and singular other the premises, before by the said recited Deed indented mentioned to be aliened, granted or confirmed, And that the lands are, and shall continue discharged, or saved harmles from all alie­nations, &c. & incumbrances other thā such incumbrances as are by the said Feoffment & the rents due to the Lord of the Fee. with all and sin­gular their appurtenances, without any lawfull eviction or di­sturbance of the said T.M. his Heirs or Assigns, or of any by his or their assent, means, &c. according unto the true mea­ning of the said Deed indented. And the said Messuage, &c. and all and singular other the premises at the time of th'ensea­ling and delivery of the said Deed indented, & of seison there­upon, were, and so from time to time, and at all times hereafter, shall continue, and be unto the said I.G. his Heirs and Assigns, clearly discharged, or by the said T.M. his Heirs and Assigns, sufficiently saved harmlesse, and indempnified of and from all estates, alienations, &c. and incumbrances whatsoever, had, made, done, executed or committed by the said T.M. his Heirs [Page 62]or assigns, other then such estates and incumbrances as been made or executed, in or by the said recited Deed indented, and other than the rents and services from henceforth to accrue due and payable for the premises to the chief Lord or Lords of the Fee or Fees thereof. And further, if it shall happen, at any time or times hereafter, that the said I.G. his Heirs, Executors, Administrators or Assigns, or any of them, shall be lawfully e­victed, expulsed, or put out of all or any part of the said Mes­suage, &c. by any person or persons whatsoever, or that the same, And that if the Land shall be lawfully e­victed, that he upon notice given thereof, will pay so much for eve­ry acre evict­ed, within, &c. after notice given. or any part thereof, shall be lawfully recovered from the said I.G. his Heirs or Assigns by any person or persons, other than by means or reason of the said Proviso in the said recited Dee [...] indented contained, That then if he the said T. M. his Heirs, &c. or any of them, do well and truly content and pay, or cause to be well, &c. unto the said I.G. his Heirs, &c. the sum of, &c. and so after the rate for every acre of the said premises, so as aforesaid to be evicted or recovered from the said I.G. his Heirs or Assigns, within, &c. next after such notice given of such eviction, expulsion or recovery by the said I. G. his Heirs or Assigns, or any of them. And further, if default of payment of the said, And that if default of pai­ment be made contrary to the Proviso, that then he, and all others claiming un­der him, will make further conveyance and assurance. &c. mentioned in the said Proviso of the said Deed in­dented, shall happen to be made contrary to the purport of the said Proviso, That then if the said T. M. his Heirs, Executors, Administrators and Assigns, and all and every other person & persons whatsoever, any estate, interest, or thing in the said Messuage, &c. or any part thereof, having, or lawfully claiming to have, by from or under the said T.M. his Heirs or Assigns, shall and will from time to time, and at all times from and af­ter such default in payment, during the space of, &c. then next ensuing, upon reasonable request, and at the costs and charges in the Law of the said I.G. his Heirs or Assigns, make, know­ledge, do, execute and suffer all and every such further Act and Acts, thing and things, devise and devises in the Law whatsoe­ver, for the further assurance, &c. and all other the premises, according to the purport of the said Deed, Be it by Fine, Feof­ment, &c., or otherwise, or by any other lawfull or reasonable assurance or conveyance in the Law, with Warranty only a­gainst him the said T.M. his Heirs or Assigns, which by his or [Page 63]their learned Counsel in the Law, shall be reasonably devised or advised and required. And furthermore, And that he will, within, &c. after de­fault in pay­ment, deliver all the con­veyances con­cerning the premises. that the said T.M. his Heirs or Assigns, shall or will, within, &c. next after such default in payment, well and truly deliver, or cause to be deli­vered unto the said I.G. his Heirs or Assigns, all and singular the Deeds, &c. concerning the said premises, which the said T. M, or any to his use, or by his delivery, now hath, or which he the said T.M. his Heirs or Assigns, or any other by his or their delivery, or to his or their use, then shall have concerning the said premises, or any part thereof, That then, &c.

❧ A Lease of Lands morgaged to the Morgager.

THis INDENTVRE made, &c. Between T. M. of &c. of th'one part, and I.G. of, &c. of th'other part, Witnesseth, that the said I.G. for divers good causes, &c. hath demised, &c. and by these presents doth demise, &c. unto the said T. M. all that the Messuage, &c. with th'appurtenances, before by these presents mentioned to be demised unto the said T. M. his Executors, and Assigns, from the day of the date of these presents, until the, &c. which shall be, &c. yielding, &c. yearly unto the said I.G. his Heirs and Assigns, the sum of, &c. upon the Feast of, &c. which shall be in, &c. And if it shall happen the said yearly rent, or sum of, &c. or any part or par­cel thereof to be behind, in part, or in all, at the Feast afore­said, in which the same ought, For default of payment of the Rent no­mine penae, & distresse for both, & power of deteiner untill full sa­tisfaction. or is limited to be paid (being lawfully demanded) that then the said T.M. his Executors, Administrators and Assigns; shall forfeit, and doth for him, his Heirs, Executors and Administrators, grant, promise, and a­gree, to forfeit, lose, and pay unto the said I.G. his Heirs and Assigns, or any of them, the sum of, &c. in the name of a pein; And that then and from thenceforth it shall and may be lawfull to and for the said I.G. his Heirs and Assigns, or any of them, into the said Messuage, &c. or into any part or parcel therof, to enter and distrain, as well for the said rent of, &c. as also for [Page 64]the said, &c. to be forfeited in the name of a pein, and the di­stresse and Distresses there so had, and taken from thence, saw-fully to lead, bear, drive and carry, and the same to withhold, detain and keep, untill he or they shall be aswell of the said Rent of, &c. as also of the sum of, &c. to be forfeited in the name of a pein, together with his and their costs, losses, dama­ges, and expences, by reason of the non-payment susteined, fully satisfied, contented, and paid. In witnesse whereof, &c.

A grant of an annuity or yearly rent, with a nomine penae, distresse for both, and a Proviso not to charge the person of the Grantor, or his Heirs.

TO all, &c. Know ye, me the said I. G. for divers good cau­ses and considerations me hereunto especially moving, have given, granted, and by this my present writing idented confirmed unto I.R. of W. in the County aforesaid Widow, one Annuity, or yearly rent, &c. good, &c. going, and to be taken out of, and in all singular my lands, &c. called or known by the name of D. situate, lying and being in W. aforesaid, and of and in all, &c. in the County aforesaid. To hold, &c. the said Annuity, or yearly rent, &c. to the aforesaid I.R. and her As­signs, for and during the term of the natural life of the said [...]. at four usual Feasts or terms of the year, &c. by equal portions to be paid; And so often as it shall happen the said Annuity or yearly rent, &c. or any part or parcel thereof to be behind and unpaid, Grant that if the rent be behind, that the Grantor will forfeit so much nomine penae. in part or in all, by the space, &c. at any Feast of the Feasts aforesaid, in which as aforesaid it ought to be paid; that then, and so often, the aforesaid I. G. or his Assigns, shall for­feit to the aforesaid I. R. and her Assigns, &c. well, &c. in no­mine penae. And that then, and so often after, it shall and may be lawfull to and for the said I. R. and her Assigns, as well for the said Annuity, or yearly rent, &c. or for any parcel thereof so as aforesaid, nomine penae to be made into all singular [Page 65]the aforesaid Lands, &c. or into any parcel of the same to enter, and distrain, and the Cattel thereupon taken and had, from thence lawfully to lead, drive, carry away, and impound, and altogether to keep and detain, until the said I.R.: Power to di­strain for the nomine penae & rent be­hind. and her As­signs, aswell for the said Annuity or yearly rent, together with the arrears thereof if any be behind, as for the said sum, &c. so as aforesaid nomine poenae to be forfeited, shall be fully satisfied and paid, of which said Annuity or yearly rent aforesaid, the a­foresaid I. in full and peaceable possession and seisin of the a­foresaid Annuity or yearly rent aforesaid, by payment, &c. of lawfull, &c. at the time of sealing of these presents, Seisin given of the rent. in the name of seisin of the rent aforesaid.

Provided alwayes neverthelesse, that this present Writing indented, or any grant or thing in the same contained, Proviso, not to charge the person of the Grantor. shall not extend to charge the person of me the said I.G. or my Heirs, but only to charge my lands or tenements, &c. In witnesse, &c.

A Deed of Morgage, with general Warranty.

TO all, &c. Know ye, me the aforesaid T. for divers, &c. have given, granted, &c. to G.C. of, &c. all those pieces or parcels of land, called or known by the name of R. alias R. or by what other name or names the same are called or known, containing, by estimation, &c, be the same more or lesse, situate, lying and being in the Parish of, &c. and abutting and houn­ding in manner and form following, that is to say, &c. all and singular which aforesaid premises, I the said T. lately purcha­sed of one E. M. To have and to hold all and singular the said premises, with th'appurtenances, unto the said G.C. his Heirs and Assigns for ever, to the only proper use and behoof of the said G.C. his Heirs and Assigns for ever, of the chief Lord of the Fee thereof, by the service for the same due, and of right accu­stomed, under this Condition following, that is to say, that if I the aforesaid T.I. my Heirs, Executors, Administrators or As­signs, shall pay, or cause to be paid unto the said G.C. his Execu­tors, Administrators or Assigns, in and upon, &c. at or in the [Page 66]now dwelling-house wherein the said G. now dwelleth, situate in B. aforesaid, the sum, &c. at one intire payment; that then, and from thenceforth, it shall be lawfull for me the said, &c. my Heirs and Assigns, into all the aforesaid premises, with th'appurtenances, or into any parcel thereof, to re-enter, and the same to have again, repossesse, and enjoy, as in my former estate; And that then, and from thenceforth, this present Writing in­dented, and all and every thing therein conteined, together with the seisin thereupon had and delivered, shall cease, be fru­strate, and of no value in the Law, any thing before in this pre­sent writing indented conteind to the contrary hereof notwith­standing. And I the aforesaid T.I. and my heirs, all and sin­gular the aforesaid premises, with the appurtenances, to the a­foresaid G.C. and his heirs, against all men, to the use and in­tent of these presents, will warrant, and for ever defend by these presents, In Witnesse, &c.

A Letter of Attorney, to be conteined in a Deed for the delivery of Seisin.

ANd moreover, Know ye, that I the aforsaid A. B. have made, or dained, constituted, & in my place put, my loving Friend in Christ, T. B. and R. L. of, &c. Gent. my true and lawfull Attornies, jointly and severally, for me, in my stead, in my name, and to my use, to enter into all and singular the aforesaid premises, with the appurtenances, before by these presents men­tioned to be delivered or confirmed, or into any parcel thereof, in the name of all and singular the aforesaid premises, with th'appurtenances, and full and peaceable possession and seisin for me, in my stead, in my name, and to my use to take, and such possession and seizin thereupon taken and had of all and singu­lar the premises, with the appurtenances, before by these presents mentioned to be delivered or confirmed, for me, in my stead, and in my name to the aforsaid R. M. or to his Attorny in this behalf to deliver, according to the tenor, force, form, and effect of these presents, ratifying, and by these presents all and what­soever [Page 67]my said Attorneys joyntly, or either of them severally shall do, &c. in the premises. In witnesse, &c.

¶ A Release of a Right and Title to Land, As also of Conditions, and Titles of Entries or Re-entries, &c.

TO all, &c. Know ye, that I the said I. for divers causes and consideration, &c. have remised, released, and altogether for me and my Heirs, have quit claimed unto W. B. of, &c. in his full and peaceable possession and seisin being, and to his Heirs and Assigns, all my right, estate, title, claim, use, interest and demand, which I th'aforesaid I. any time had, have, or in any wise for ever may have, or my Heirs at any time hereafter may have, of, or in one Messuage, &c. with th'appurtenances, situate, lying, &c. and abutting and bounding in manner and form following, that is to say, &c. containing in the whole, by estimation, &c. whether it be more or lesse. Know ye moreo­ver, that I the said I. S. for the Consideration aforesaid, have remised, released, and always for me and my Heirs have quit claimed to the aforesaid W. B. his Heirs and Assigns, all and all manner of Conditions, Entries, Re-entries, Forfeitures, and o­ther Demands whatsoever, which I the aforesaid I. have, or in any manner hereafter may have, of, to, or in the aforesaid Mes­suage, &c. with th'appurtenances, or out, of, in, or to any par­cel thereof, by vertue or reason of any thing, cause or matter made or accrued whatsoever, from the beginning of the world, until the day of the date of these presents; So, &c. that neither I the aforesaid I.S. my Heirs, nor any other by us, for us, or in our names, any right, estate, title, claim, use, interest or demand, of and in the said Messuage, &c. and other the premi­ses, nor in any parcell thereof, may, or ought to require, claim, or challenge, but from every action, right, title, claim, use, inte­rest, or demand to the aforesaid premises, or to any parcel ther­of, we are altogether excluded by these presents. In witnesse, &c.

A Condition for the better enjoying of lands granted by the Deed only, conteining the effect of divers usual Covenants.

THe Condition, &c. that whereas th'above bounden T. B. did by his Deed bearing date, &c enfeoff th'above-named H.P. of one principal Messuage, and of certain lands in the said Deed mentioned, situat in S. abovesaid, to be had to the said H. his Heirs and Assigns for ever, upon a certain condition in the said Deed expressed, That he was seised of a sure & rightfull e­state in Fee-simple, in his own right, & had full pow­er to make this grant. That they are & shall be dis­charged or sa­ved harmless, from all for­mer bargains, &c. and incū ­brances, the rents to the Lords of the Fee, and one Annuity ex­cepted. as by the said Deed more at large appea­reth; If therefore the above bounden T.B. were at the time of the delivery of the said Deed, and of seizen and state, delive­red unto the above-named H.P. of the said Messuage, &c. and other the premises in the said Deed lawfully and rightfully sei­zed, in his own right, in his Demean, as of Fee-simple, of a good, sure, &c. of and in the said Messuage, &c. and then had full power, and lawfull authority in his own right, to alien the same unto the said H.P. his Heirs and Assigns, according to the purport of the said Deed; And that the said H.P. his Heirs and Assigns, shall or may, from time to time, and at all times hereafer, continue, and be clearly discharged, or by the said T.B. his Heirs or Assigns sufficiently saved harmlesse, of and from all manner of former Feoffments, &c. and incumbrances what­soever, the rents and services from henceforth to be due unto the Lord or Lords of the Fee of Fees thereof, and one Annuity or yearly rent of, &c. only excepted. And further, if the said T.B. his Heirs and Assigns, and all and every other preson or persons, any thing in the said Messuage, and other the premi­ses, or in any part thereof, having, or lawfully by, from, or un­der the said T.B. claiming, shall and will, from time to time, and at all times hereafter, And further that he, &c. will make fur­ther assurance during the space of, &c. make, know­ledge, do and suffer, all and every such further act and act, &c. unto the said H. his Heirs and Assigns, according to the pur­port of the said recited Deed, Be it by Fine, Feoffment, &c. at the costs and charges in the Law of the said H. his Heirs or Assigns, That then, &c.

¶ A Feoffment in Consideration of Marriage, with general Warranty.

TO all, &c. Know ye &c. in consideration of a certain Mar­riage between the aforesaid, &c. on the one part, &c. Daughter, &c. D. Clerk on the other part, hereafter agreed un­to to be solemnized, Have given, granted, and by this my pre­sent Writing indented have confirmed to the aforesaid, all my moity of an House, Messuage or Tenement, called W. and P. situ [...]te, lying or being in the Parish of S. now, or late in the tenute or occupation of one W. L. or his Assigns, To have and to hold all and singular the aforesaid premises before in these pre­sents mentioned to be given or confirmed, with all and singu­lar their appurtenances to the aforesaid, &c. his Heirs & Assigns, to the use, behoof, and intention hereafter in these presents mentioned, and declared, and to none other intent &c. that is to say, to the use and behoof of the aforesaid, &c. and their Assigns, for and during the term of their natural lives, and of the longer liver of them, without impeachment of any waste, in the person aforesaid, &c. and after the decease or the aforesaid, &c. then to the use and behoof of the Heirs of the body of the said, &c. by the aforesaid, &c. lawfully to be begotten, and for default of such issue, to the use and behoof of the heirs of the body of the said, &c. lawfully to be begotten, and for de­fault of such issue, the remainder thereof to the right heirs of the aforesaid, and their Heirs for ever, and to none other uses or intents whatsoever, To hold of the chief Lord of the Fee thereof by the services due and of right accustomed. And I the afore­said, &c. and my Heirs, all and singular the aforesaid premisses before by these presents mentioned to be given or confirmed, with all and singular th'appurtenances to the aforesaid, &c. their Heirs and Assigns, to the use, behoof, and intentions afore­said, against all men will warrant, and fore ever defend by these presents. In witnesse, &c.

A Grant of all such goods as belong to one Executor, where are two Executors made, with special Covenants.

THis INDENTURE made, &c. Between A.S. Widow, late Wife of R.S. of, &c. deceased, and one of the Executors of the said R.S. of th'one part, And T.B. of, &c. of th'other part, Witnesseth, that whereas the said R.S. did by his last Will and Testament in writing, make I.S. his Son, and A. his Wife, joynt Executors of his last Will and Testament; And whereas the said R.S. did further by his said last Will & Testament de­vise and bequeath certain legacies to divers and sundry persons, as by the said will amongst other things therin contained more at large it doth and may appear; Now these presents witnesse, that the said A.S. for and in consideration of the sum of, &c. to her the said A. by the said T. B. well and truly in hand paid, Covenant by the Grantor, to joyn in probat of the Will with the other Execu­tor. And that neither the Grantor, nor any other by her consent shall without the consent of the Grantee, meddle with the admini­stration of any the goods, chattels, &c. except, &c. And further, that the Grā ­tor will not, without the consent of the Grantee, re­lease, or o­therwise ac­quit any Deb­tor, &c. &c. hath granted, bargained, sold, assigned, and set over, and by these presents doth fully, &c. unto the said T. B. his Execut, Administrators & Assigns, the moyety and one half of all and singular such goods and chattels, as well real as personal, Debts, Duties, and other things whatsoever, which the Executors of the said R.S. now have, or which either of them hath, or which they or either of them at any time or times hereafter can, or may of right have, claim, challenge and demand, of any person or per­sons whatsoever, or otherwise as Executor or Executors unto the said R. S. except such things as hereafter; that is to say, &c. And the said A.S. for her, her Executors, &c. doth by these pre­sents, Covenant & grant, to and with the said T. B. his Execu­tors, Administrators and Assigns, in manner and form follow­ing, that is to say, that she the said A. shall & will at any time hereafter, within the space of, &c. upon reasonable request, and at the costs and charges of the said T. B. his Executors, Admi­nistrators or Assigns, joyn in the probat of the said Will with the said I. S. the other Executor. And further, that neither, she the said A. nor any other person or persons, by her as­sent, consent, means or procurement, shall or will at any time or times hereafter, without the consent or agreement of the said T. B. his Executors or Administrators, in any sort, meddle or deal with the administration of any of the goods, chattels, or o­ther [Page 71]things of the said R.S. or with any part or parcel thereof, except with such things as are before excepted. And further, that she the said A. at any time or times hereafter, shall not, nor will not, without the consent or agreement of the said T.B. his Executors, Administrators or Assigns, release, discharge, or o­therwise acquit any Debtor or Debtors, Debt or Debts, summe or summes of money, or other things whatsoever, And that the Grantee shall, without di­sturbance of the Grantor, or any other claiming un­der her, do, or cause to be done, any act touching the administratiō of the goods, except, &c. which already is, or at any time or times hereafter, shall or may accrue, come, belong, or of right appertain, un­to the said Executors, or either of them, as Executors of the said Will and Testament. And further, that he the said T. B. his Executors, Administrators or Assigns, shall, or lawfully may, from time to time, and at all times here­after, without any eviction, let, or disturbance of the said A. S. her Executors, Administrators, or Assigns, or of a­ny other person or persons, clayming by, from, or under her, make, do, execute and commit, or cause to be made, done, executed, or committed, all and every matter and thing, act and acts whatsoever, touching the administration of all or any of the goods and chattels (except the goods and things as are before exepted) to all intents and purposes, Covenant by the Grantee to keep the Grantor, his goods, lands, &c. indemni­fied from all bargains, debts, duties, &c. wherewith she is chargea­ble as Execu­trix. and in e­very respect, as shee the said A. might have done, if this pre­sent grant had never been had or made; And the said T.B. for him, his Heirs, &c. doth Covenant and grant, to and with her the said A. S. her Executors, &c. that he the said T. B. his Heirs, &c. shall and will, from time to time, and at all times hereafter, well and sufficiently save and keep harmlesse and in­demnified, the said A. S. her Executors and Administators, and also her and their goods and chattels, lands and tenements, of and from all and all manner of Legacies, Debts, Duties, Sutes, Actions, Incumbrances, and Deeds whatsoever, wherewith or whereby she the said A.S. her Executors, Administrators or Assigns, or either of them, shall or may be at any time or times hereafter, either solely, or joyntly together with any other person or persons, arrested, impleaded, charged, damni­fied or incumbred, as Executor or Executors of the said Will, or by reason of the said Will, or for, or by reason of any debts, bargains, or other things in the said Will contained. In wit­nesse whereof, &c.

A Lease of a Messuage, with certain Lands, Woods, and Mynes thereto appertain­ing, and also a power of Fishing upon the said ground, together with power to coal the Wood upon the ground.

THis INDENTVRE made, &c. Between R.C. &c. of th'one part, and G.G. of th'other part, Witnesseth, that the said R.C. for divers good considerations, &c. hath demised all that his Messuage, &c. with the appurtenancess, called and known by the name of, &c. And all his Lands, &c. lying and being in W. aforesaid, to the Messuage, &c. called B. appertai­ning, or as parcel thereof usually occupied, containing in all, by estimation, &c whether more or lesse, which lieth, boundeth and butteth as fooloweth, viz, &c. all and singular the Woods, Underwoods and Trees, now standing, growing, or lying, or which at any time during the said term shall grow, or be in or upon the premises by these presents demised, or any part there­of, And all and singular the Mines now growing, or being in and upon the premises by these presetns demised, on any part thereof, Power to coal the wood, & to do other acts necessary for the same. together with free liberty, full license, power and au­thority, for him the said R. C. his Heirs and Assigns, and for his and their Workmen, Servants, and Labourers, from time, and at all times during the said term, at his & their will & plea­sure, to fell, cut down, cleave out, cord and coal the said Woods, Underwoods and Trees, or any part thereof, and earth, dust, cover, and all other things necessary and expedient for the cō ­verting of the said Woods, Underwoods and Trees, or any part thereof, Power to opē the mines, & to dig, draw, cast up, &c. Power with Cart, carria­ges, &c. to carry away the Woods, Cores, &c. into cole, upon the said premises, or upon any part thereof, and to take and have Colliers Lodges upon the said premises from time to time, during the said term, at his and their will and pleasure to make and remove, and the said Mines to open, and the Mines therein from time to time during the said term, in convenient places to digg, draw, and cast up, lay and bestow upon the said premises, or any part thereof, and the said Woods, Trees, Coles and Mines, or any part thereof, from [Page 73]time to time, and at all times during the said term, at his & their will and pleasure, Lease of a Pond upon part of the premises, with liberty to dig for the mend­ing thereof, & all Fish and fishings in the said Pond. with Wains, Cart and Carriages, from thence, by necessary and convenient ways, over and through the said premises, or any part thereof, to fetch and carry, whither, and to such place or places, as to the said R.C. his Heirs or As­signs shall seem good; and one Pond made upō part of the said premises, and the banks, bays, and sluces thereunto belonging, with liberty to digg earth and clay for the mending thereof, and all Fish and Fishings in the said Pond. And also all the fish now being, or which at any time during the said term, shall be in three Marl-pits hereafter expressed; that is to say, And also all the Fish & fish­ing in 3 Marl-pits, with li­berty to, come and go, by any means to take the same. &c. toge­ther with free liberty and authority from time to time, &c. and at all times during the said term, for him the said R.C. his Heirs and Assigns, to come, and go from the said Marl-pits, or any part of them; And the same pits, or any part of them, with An­gles, Engins, or by sewing or letting out of the water, or other­wise, as to him or them shall seem good, to fish: To have, &c. the said Messuage or Tenement called B. the Lands, Tenements, Hereditaments, and other the premises before by these presents demised, with all and singular th'appurtenances unto the said G.G. and his Assigns, for and during the natural life of the said G.G. Yielding, &c. during the said term, at or in the now Ma­nor-house of the said R. C. called C. Sit. &c. unto the said R.C. and unto the heirs of his body lawfully begotten, Reservatiō of a Rent upon a Lease for life, to the Lesser, & the heirs of his body, & for default of such heirs, to such persons to whom the re­version shall descend. and for default of heirs of his body lawfully begotten, to such person and persons, their heirs and Assigns, to whom the said premises before by these presents demised, or the reversion or reversions, remainder or remainders thereof, shall after the death of the said R. without heir of his body lawfully begotten, descend, re­vert, remain, accrue, or be, &c. of lawfull, &c. at two usual Feasts in the year; that is to say, &c. by equal portions yearly to be paid. And if, and as often as the said yearly rent, or any part thereof, shall happen to be behind and unpaid by the space of, &c. next after any of the said Feasts in which the said yearly rent, or any part thereof ought to be paid; That then he the said G.G. and his Assigns, shall forfeit unto the said R. C. and unto the heirs of his body lawfully begotten, and after the de­cease of the said R.C. without heir of his body lawfully begot­ten, [Page 74]to such person and persons to whom the said premises shall descend, revert, remain, accrue, and be, for every day after the expiration of the said, &c. days next after any of the said Feasts, in which the said yearly Rent, or any part thereof shall be be­hind, Nomine penae for the non­payment of the Rent re­served, & di­stress for both. &c. of lawfull, &c. And that then and from thenceforth it shall and may be lawful to and for the said R.C. and the heirs of his body lawfully begotten, and after the decease of the said R. without heirs of his body lawfully begotten, to and for such person and persons to whom the said premises shall descend, revert, remain, accrue, or be, into all and singular the premises, or into any part thereof, to enter, and there to distrain, as well for the said yearly rent of, &c. as for all such sums of money as shall be forseited in the name of a pein; And the distresse or di­stresses there so had & taken from thence, to chase, drive, lead, bear, and carry away, and that they or them to detain & with­hold, Covenant by the Lessor to pay the rents &c. due to the Lords of the fee, & thereof to acquit the Lessee. until they shall be of the said yearly rent, and the arrera­ges thereof, and also of all such sums of money as shall be for­feited in the name of a pein, and of his & their consts and losses by non-payment thereof sustained, fully satisfied and paid. And the said R.C. for him, his heirs, &c. doth by these presents Co­venant and grant to and with him the said G.G. and his assigns, in manner and form following; that is to say, that he the said R. his Heirs and Assigns, shall & will from time to time, during the said term, Covenant by the lessor, after request, to as­sign timber for repairing, or new making of the houses, &c. if need shall require, as also for fire­boot; and that if shal be law­ful for the Lesse, &c. to fell, cut, and carry away the same, without interruption, &c. bear, pay, and do all manner of rents, payments and serveices, which during the said term shall accrue, and grow due to the chief Lord or Lord of the Fee or Fees thereof, and of the same, and of every part thereof, shall and will discharge, or sufficiently save harmlesse the said G.G. & his assigns. And that the said R. his Heirs & Assigns, shall and will from time to time, and at all times, at his and their proper costs and charges, during the said term, within, &c. days next after reasonable re­quest to him or them by the said G.G. or his Assigns made, or to be made, not only assign and appoint to them, or some of them such and so much timber, growing and being upon some part of the said demised premises, as shall be sufficient, conveni­ent, & neccessary, for the repairing, mending, maintaining, or new making (if need shall so require) of all or any of the hou­ses, arns, buildings, now situat and being upon any part of the [Page 75]premises, or for the mending or building one new Barn upon some part of the said premises, if the said G. shall be disposed, or will new make or build any such, but also shall likewise, during the said term, within, &c. next after like request to him or them, by the said G.G. or his Assigns, at the said mentioned house of the said C. to be made, at his or their like costs and charges, assign or appoint unto him or them, within one mile of the said Messuage called B. for, and towards their fewel and fire-boot to be expended in the said Messuage, &c. Wain Loads of wood, which timber and wood so appointed or assigned, it shall and may be lawfull to and for the said G.G. & his Assigns, And that the Lessee shall not only have hedgeboot without As­signment, but timber also of the worser sort, if the Lessor after request shall appoint it, and in default of appointmen, that he shall take it with­out, necessary for posts and rails to be set along the bank of the River, &c. And that the Lessee may not only digg Marl upon a­ny part of the premises, but may also digg stone, carth & clay, for the reparations, or new making of the houses, &c. or any of them, or for the assigns, servants, or workmen of them, or any of them, at all times during the said term, to fell, cut down, and work out, and the same to have and take with their Wains and Carriages, and that to carry away and imploy about the said reparations and buildings, & fire-boot, without any lawfull let or disturbance of any person or persons, and without any accompt and thing therefore yielding or paying. And further, that it shall and may be lawfull to and for the said G. and his Assigns, from time to time, and at all times during the said term, as often as need shall require, not only to take and have without any assignment upon the said premises demised, sufficient and competent hedgeboot, bushes and shrubs, stake & Barre Rods to be imployed upon the said premises, and such timber of the worser sort growing upon the said premises, by the appointment of the said R. his Heirs or Assigns, if he or they shall appoint the same within, &c. next after request; And in default of such assignment, without assignment of the said R. his Heirs or Assigns, as shall be convenient, meet, and sufficient for Barre posts, to be occupied in convenient places about the premises, and for the making of posts and rails, to be set upon the said premises, along the shore or bank of the River or stream, which stretcheth, &c. And that he the said G. his Heirs and Assigns, servants and work men, shall and may, form time to time, and at all times during the said term, at his and their wills and pleasures, not only dig, take, have and carry Marl & Grite, out and from any the Marl-pits in & upon the premises demised, or some part thereof, to be laid, imployed or bestowed [Page 76]only upon the demises premises, or some part thereof, but also shall or may likewise digg, take, and have upon, and carry from any convenient place or places of the said premises, stone, earth and clay, meet, necessary, and suffient to be imployed or bestowed during the said term, in, upon, or about the repa­rations, mending, or new making of any houses or buildings upon the premises, Covenant that the Lessor &c. shall enjoy the liberties and other things excep­ted, without interruption. or any part thereof; And the said G. G. for him, his Heirs, &c. doth by these presents covenant and grant, to & with the said R. C. his Heirs, &c. in manner & form fol­lowing; that is to say, the he the said. R. C. his Heirs or Assigns, shall or may from time to time, and at all times during the said term, have, use and enjoy, all and singular such liberties, and other things, as are to them, or either of them, before in or by these presents mentioned to be Note, that there was an exception in the beginning which I left out. excepted or reserved, without any expulsion or disturbance of the said G.G. his Executors, &c. or any of them; and that he the said G.G. his Executors, &c. shall or will, from time to time, & at all times hereafter, during the said term, not only well and sufficiently repair, maintain, sustain and keep, And that the Lessee shall not only well & sufficiently repair, &c. & the hedges, ditches, &c. and so shall the at the end of the term leave up; But also shall ridd & scowr such a ditch or River, and so shall leave it up at the end of the term. all and singular the houses, barns, and buil­dings, now builded or set, or which at any time during the said term, shall be builded or set upon the said demised premises, or any part thereof, And the hedges, ditches, fences, and in­closures, in, upon, and about the demised premises, or a­ny part thereof, in and by all manner of necessary reparations and amendments, and the said houses, barns, and buildings, in and by all things well and sufficiently repaired and amended, and the said hedges, ditches, fences, & inclosures, well and suf­ficiently made and maintained, in the end of the said term, yield and leave up, but also shall and will, from time to time, and all times during the said term, when and as often as need shall require, well and sufficiently ridd, scowr and clense, &c. the said lands called the T. unto the said Mill, called the C. Mill, and such part of the said River, or Stream as aforesaid, well and suffiently ridded, scowed and clensed, shall during all the said term keep and maintain, & so sufficiently ridded & scowred, in the end of the said term shall yield & leave up. And further, that the Lessee And further, That he the said G. G. his Executors, Ad­ministrators or Assigns, nor any of them, shall not any time [Page 77]hereafter, during the said term, shal not assign the premises to any person, other thā such person as shall be able to pay the Rent, and maintain the premises, ac­cording to the Covenant &c. without li­cense of the Lessor. without licence of the said R. G. his Heirs or Assigns first had and obtained in writing, de­mise, grant, let, set or assign, the said Messuage, &c. or any part thereof, or all, or any part of the said Lands, and other the premises by these presents demised, to any person or persons, other than such person or persons as shall be sufficient and well able to pay and yield, during the said term, the said year­ly Rent reserved, and maintain and keep the houses, &c. accor­ding to the Covenant before in these presents expressed. In Witnesse, &c.

¶ An assignment of the moity of the Lands, which the Lessee hath; with divers special Covenants.

THis INDENTVRE made, &c. Between R. S. &c. of th'one part, and I. T. &c. of th'other part, Winesseth, That whereas the Right Honourable H. N. Knight, Lord Abur. did by Indent. tripartite, bearing date &c. demise, and to farm let, the Manor and Farm of B. with th'appurtenances, in the Coun­ty aforesaid, unto R. S. of, &c. and E. C. of, &c. and to their Assigns, for, and during the lives of G. G. I. S. & I. C. and the longest liver of them, reserving the old and accustomed Rent; by vertue of which said Demise & Lease, the said Lessees, R. S. and E. C. did stand, and lawfully were seized of and in the pre­mises, to them and their Assigns, for and during the lives of the said, &c. and the longest liver of them; And where sithence the said R. S. and E. C. being so seized, for good considerations them thereunto moving, Did by Indenture tripartite, Dated, &c. demise, grant, & to farm let unto the said R. S. all that the &c. demise, grant, & to farm let unto the said R. S. all that the aforesaid Farm and Manor of B. with th'appurtenances, and all those Messuages, &c. with th'appurtenances, situate and be­ing in B. aforesaid, or elsewhere in the County aforesaid, which they the said R. S. & E. C. or either of them then had, or might claim by vertue of the demise aforesaid; (The Pigeon house, &c. being parcel of the said Manor always reserved unto the said R. S. and E.C: their Executors and Assigns, during the [Page 78]said term, Exception of a Pigeó house, and ingress, egress, & re­gress to the same, as also into and from the Manor-house, for ten­dring & pay­ing the Rent, [...]eserved by the first Les­sor. with liberty also to the said R. S. & E. C. & to their assigns, to have free ingresse, egresse, and regresse, from time to time, and at all times, as well into and from the said Pigeon house, as also into and from the Manor-house of B. afore­said, for the tendring and paying there every half year yearly, at the Feasts, &c. the Rent reserved by the aforesaid Lord up­on the said Lease by him made, unto the said R. S. and E. C. alwayes excepted and foreprized) the said Mansion, and other the premises, with th'appurtenances ( [...]except before excepted) to be had and holden unto the said R. S. his Executors, Admi­nistrators and Assigns, from the Feast of, &c. last past, before the Date of the said, last recited Indenture, for and during the term of, &c. from thence next ensuing, & to be fully compleat and ended; Yielding, &c. therefore yearly, during the said term, unto the said R. S. & E. C. and their As­signs, the sum of, &c. that is to say at the Feasts of, &c. (with clause of Re [...]entry for non-payment of the said Rent in the said last recited Indenture mentioned to be reserved.) And whereas the said R. S. hath in and by the said recited Indenture made divers and sundry Covenans, Grants, and Agreements, to and with the said R. S. and E. C. their Executors and Assigns, as by the said last recited Indenture more at large it doth & may appear; Now these presents witnesseth, That the said R. S. for divers good causes and considerations him thereuto especially moving, hath demised, granted, assigned, & set over, unto the said I [...]. all his term of years, Estate, Right, Title, and Interest, which he hath yet to come, and unexpired, of and in the half or Moytie of the said Manor or Farm, with th'appurtenances, and all other the premises in or by the said last recited Inden­ture mentioned to be demised unto him the said R: S. by the said R. S. and E. C. To have, &c. the said one half or Moytie of the said Manor & Farm, & other the premises, with all and singular their appurtenances, unto the said I. T. his Executors, Administrators, & Assigns, from the, &c. for and during all the said term of years yet to come, & unexpired therein, and so largely, amply, and fully, to all intents and purposes, as the said R. S. his Executors, Administrators or Assigns, or any of them, might have holden and enjoyed the same, if this present [Page 79]grant or assignment had never been made; Yielding, &c. there­fore yearly, during the said term, at or in the Mansion or Manor house of B. aforesaid, unto him the said R. S. his Exec. Admi­nistrators or Assigns, the sum of, &c. Provided alwayes, Proviso, that if the [...]ent be not paid by the space of, &c. after any of the Feasts, &c. being de­manded, that then the As­signor may r [...] ­enter, &c. &c. that if the said rent, or any part or parcel thereof, shall happen to be behind and unpaid, at the place aforesaid, over or after a­ny of the said Feasts, or days of payment, in which, as aforesaid, it ought, or is limited to be paid, by the space of, &c. (being lawfully demanded at B. aforesaid, by the said R. S. his Execu­tors, administrators, or assigns;) That then it shall and may be lawfull, to and for the said R. S. his Executors, Administrators or Assigns, into the said one half of the said Manor, and other the premises before by these presents demised or granted, to en­ter, and the same to have again, repossesse and enjoy, as in his or their first and former estate; any thing in these presents con­tained to the contrary notwithstanding. Covenant by the Assignee during the time that he shall lawfully hold the pre­mises, to pay the rent re­served upon the assign­ment. And the said I. T. for him, his Executors, Administrators and Assigns, doth by these presents Covenant and grant, to and with the said R. S. his Exec. Administ▪ and Assigns, That he the said I. T. his Exe­cutors, &c. shall and will, during all the time that he or they shall, or lawfully may have and hold the premises by these pre­sents demised, we all truly pay, or cause to be truly paid un­to the said R. S. his Executors, Administrators or Assigns, the said yearly rent of, &c. before by these presents mentioned to be reserved, at such Daies, Times and Places, as the same is by these presents limited, or ought to be paid, according to the purport and true meaning of these presents. And the said R. S for him, his Exec. &c. doth by these presents covenant and grant, to and with the said I. T. his Executors, Covenant by the Assignor, to pay the rents, &c. up­on the first assignment, & thereof to ac­quit the now Assignee, &c. &c. in manner and form following; that is to say, That he the said R. S. his Executors, &c. shall and will from time to time, and at all times during the said term, according to the purport of the said re­cited Indenture, unto him by the said R. S. and E. C. made, well and truly pay, & discharge, all such rents, duties and pay­ment, as shall be due & payable for the premises, or any part thereof, unto the said R. S. and E. C. or the Executors or As­signs, of them or either of them, and thereof shall from time to time, and at all times, clearly acquit and discharge the said I. [Page 80]T. his Executors, Mutual Cove­nants, that neither the assignor, nor assignee, will do any thing, or leave any thing undon, whereby to make void the Lease, or whereby any of the Cove­nants shall be broken. And that they at their equal charges will perform and keep all the covenants & agreements in the last recited Indenture, o­ther than such which concern the payment of the rent which the as­signor ought to pay, in res­pect that he hath reserv'd a rent, & the reparations of the Mansion house. &c. And the said I. T. and R. S. and either of them, doth by these presents, for themselves, their, and ei­ther of their Executors, &c. severally Covenant and grant, to and with th'other of them, their, &c. in manner and form fol­lowing, that is to say, That neither the said I. T. and R. S. their Executors, &c. nor any of them, shall at any time or times during the said term, make, do, execute or commit, or willing­ly suffer to be done, or leave undone or omitted, any act or acts, thing or things whatsoever, whereby the said Lease for term of years, made or granted unto the said R. S. by the said R. S. and E. C. shall be made void, frustrate, or defeasible, or whereby any of the Covenants or agreements therein contai­ned, shall be broken or infringed; and that they the said R. S. and I. T. their Executors, &c. at their equal and indifferent costs and charges, shall and will from time to time, and at all times during the said term by these presents demised or gran­ted, well and truly observe, perform, fullfill, and keep, all pro­visoes and agreements as are to be observed on the behalf of the said R. S. his Executors, &c. mentioned, contained, or speci­fied in the said last recited Indenture made between the said R. S. and E. C. of th'one part, and the said R. S. of th'other part, according to the purport and true meaning of the said Inden­ture, other than such Covenants, grants, and reservations, as are thereby made for the payment of the said yearly rent of, &c. and the reparations of the said Mansion house, which said rent of, &c. is to be paid only by the said R. S. in respect of the rent to him by these presents reserved. And the said Man­sion house is to be repaired by the said R. S. his Executors, Administrators and Assignes, during the said term; Which Rent to pay, and reparations to do, he the said R. S. doth by these presents, Which Rent the assignor doth covenant to pay, & al­so to repair the house, for that it is a­greed betweé them, that the assignor shall dwell therein during the term. for him, his Executors, &c. Covenant and grant, to and with the said I. T. his Exec. &c. to pay, perform, and do, in respect and consideration that it is agreed between the said parties, that the said R. S. shall or may there dwell and inhabit in the said Mansion house solely, during the said term. And the said I. T. and R. S. do, and either of them doth, for themselves, and for the Executors, &c. of either of them, seve­rally Covenant, grant, and agree, to and with th'other, his [Page 81]Executors, &c. that they the said I. T. and R. S. their Execu­tors, &c. shall and will, at their equal costs and charges yearly, during the said term, pay one yearly Rent of, &c. payable for, Mutual Cove­nant, to pay a Rent, issuing out of the pre­mises to the Q [...]. at their equal costs; As also to stock the Farm with Corn, Cattel, &c, to be occu­pied in com­mon. or issuing out of the said Manor and premises, to the, &c. and shall & will likewise at their equal costs and charges, stock the whole Farm of the Manor of B. with Sheep, Corn, Cattel, and other things, which shall remain and be occupied in Common be­tween them both, and between the Executors &c, of them, du­ring the said term; And that the parties to these presents, their Executors, &c. shall equally and indifferently have, perceive, take, and enjoy, yearly, as it shall arise, the profits, commodities, and increase comming of the whole Manor, and other the pre­mises, and of the stock thereupon, being, or to be during all the said term; And in the end of the said term, And that the parties, during the said term, shall equally take the pro­fits in commó, & the stock. And at th'end of the term, or before, if they so agree, to make equal division of the Manor, Stock, &c. and that ever after they shall not hold in common, &c. or at any time before the end, when both the said parties, their Executors, &c, or any of them shall think meet, to leave their joynt occupy­ing, to make an equal division both of the said Manor, Stock, and other the premises; And that neither of the parties to these presents, nor the Executors, &c. of either of the said parties, shall at any time or times hereafter, take any advantage, profit, or commodity of the said Farm, Stock, or other the premises, or of any part thereof in Common; But either party to these presents, their Executors, &c. shall from time to time, and at all times hereafter, have, receive, perceive, take, and enjoy the moity of the said Manor, and Stock, and of the profits, commodities, be­nefits, and increase thereof, without any let or interruption of th'other party, his Executors, &c. according to the true intent of these presents. And further, the said parties, for them, their Executors, &c. do by these presents Covenant and grant, Mutual Cove­nant, that the Assignor shall solely, during the term, oc­cupy the Ma­nor-house, ex­cept such lofts &c. as shall be sufficient year­ly during the said term, for the laying of the Corn of the Assignee. Covenant, that the pre­mises are, & shall continue discharged of all former grants, &c. & incumbran­ces, except such incum­brances as are contained in the said reci­ted Indenture &c. and ei­ther of them to and with th'other, his Executors, &c. that the said R. S. his Executors, &c. shall and will, from time to time, and at all times during the said term, have, hold, occupy and enjoy, solely to his and their privat use and commodity, the said Manor-house, except such Lofts and Garners there, as shall be sufficient yearly, during the said term, for the laying and be­stowing there of the Corn and Grain of the said I. T. which the said I. T. his Executors, &c. shall have, or may take, with­out any eviction, or expulsion of either, or any of the said par­ties [Page 82]to these presents, their Executors, &c. And finally the said R.S. doth by these presents Covenant and grant, to and with the said I.T. his Executors, &c. that the said Manor, and other the premises before by these presents demised or granted, now be, and at all times hereafter shall continue, clearly acquitted and discharged of all grants, charges, interests, and incumbran­ces, before delivery of these presents had, made, done or com­mitted by the said R.S. or his assigns, or by his or their means, consent, or procurement (such incumbrances as are contained in the said Indenture made between the said R.S. and E. C. of th'one part, and the said R.S. of th'other part, only excepted and foreprised.) And further, that the said I. T. his Executors, &c. shall from time to time, and at all times hereafter, have and enjoy the moity of the said Manor and Farm, and of all such benefits, And that the Assignee shall injoy the moi­ty of the Ma­nor, & of all benefits, adva­tages, &c. of the Covenants &c. conteined in the said re­cited Indent. advantages, profits and commodities of all the Cove­nants, grants, Articles and agreements, contained in the said receited Indenture made between the said R.S. and E.C. of the one part, and the said R.S. of th'other part, which on the part of the said R. S. and E. C. their Executors, Administrators and Assigns, ought to be performed and done. In Witnesse where­of, &c.

A Lease of a Mansion-house, certain Lands, &c. with a large exception, and many special Covenants therein contained.

THIS INDENTURE, made, &c. Between H. P. &c. of th'one part, and I.M. of th'other part, Witnesseth, That the said P.H. &c. hath demised, granted, and to farm-letten, &c. all that the Mansion-house, &c. situate, lying and being in &c. (All and singular the Woods, Exception of Woods, with power to cut down, cleave, &c. and to cord, cole, and carry away. Vnderwoods, and trees, now stan­ding, and growing, or being, or which at any time hereaf­ter shall grow, or be in or upon the demised premises, or any part of parcel thereof, together with free liberty, full power and authority, for him the said H. P. his Heirs and Assigns, and for his and their Workmen, Servants and Labourers, from time [Page 83]to time, and at all times, during the said term, hereafter in these presents expressed, at his and their will and pleasure, to fell & cut down, cleave out, and saw, and saw-pits and coal-places to make and dig, and the said woods and underwoods, or any part thereof to cord, coal, and carry away, together with all and all manner of Hawking, Hunting, Fishing, Fowling, in or upon the said premises, or any part thereof; and also full power, Exception of Hawking, Hunting, Fish­ing, Fowling, with power to keep Courts, &c. free li­berty, license, and authority, to keep Courts in the said Mansi­on, at such time, as to the said H. his Heirs or Assigns shall be thought good, always out of this present demise, excepted and foreprized) To have and to hold all that the said Mansion house &c. (except before excepted) unto the said I.M. his Executors, Administrators, & Assigns, from the Feast of &c. from thence, next ensuing & fully to be compleat and ended, Yeelding &c. yearly, during the said term, unto the said H.P, his Heirs & As­signs, the sum of &c. at 2 of the usual feasts or terms in the year, that is to say, &c. by even portions to be paid; And if it shall happen the said yearly rent, of &c. A power of te­entry for non-payment of rent lawfully demanded. or any part or parcel there­of, to be behind and unpaid, in part or in all, by the space of, &c. over or after any of the said Feasts or days of payment, in which, as aforesaid, it ought or is limited to be paid (being law­fully demanded) that then, and from thenceforth, it shall and may be lawful, to and for the said H.P. his Heirs or Assigns, in­to all and singular the said dwelling houses, lands, tenements, and hereditaments, and other the premises before mentioned to be demised, and in every part thereof, to reenter, & the same to have again, repossesse and enjoy, as in his or their first and former estate and estates, Covenant, that the Lessor will repair the house with needfull repa­rations, and the hedges, ditches, &c. and so repai­red will leave them at the end of the term. any thing before in these presents contained to the contrary therof, in any wise notwithstanding. And the said I. M. doth by these presents, for him, his Execu­tors, &c. covenant and grant, to & with the said H.P. his Heirs, &c. in manner &c form following, that is to say, that he the said I.M. his Heirs, &c. shall and will from time to time, and at all times, during the said term, at his and their own proper cost & charges, well and sufficiently repair, sustain, maintain, and keep the said Manor house, and other buildings, and hedges, ditches, fences, and inclosures, in, upon, and about the demised premises, and every part and parcel thereof, in and by all needfull and [Page 84]necessary reparations, Covenant that the Les­see will pro­vide or cause to be provi­ded, dinners, for the Lessors &c. Steward &c. when any Court shall be holden, as also horse meat & Stable room for their hor­ses. and amendments, and the said Mansion house, and other buildings well and sufficiently repaired and a­mended, and the hedges, ditches, fences and inclosures, well and sufficiently made and maintained, in the end and expirati­on of the said term shall yeeld and leave up.

And further, that he the said I.M. his Heirs, &c. shall & will from time, &c. provide, find, or cause to be provided, and found, at his and their own proper costs and charges, the din­ners for the said H.P. his Heirs or Assigns, and for his & their Steward, and other Officers, when and as often as there shall be any Court or Courts holden or kept for the said Manor, and also good and sufficient horsemeat, and stable room, for his and their horses, Covenant that the Les­see will at his proper costs maintain the marks, fences, and inclosures of the land of the Lessor, therefore pay­ing, &c. when and as often as the said Court shall be there holden.

And further, that he the said I. M. his Executors, &c. shall and will, at his and their own proper costs and charges, well and sufficiently make, maintain, and keep, or cause to be main­tained and kept, all such markes, fences, and inclosures, of the said demised premises, which shall or be against all or any of the said Lands, Tenements, or Hereditaments of the said H.P. now in the occupation of the said H.P. his Executors or As­signes, paying or allowing therefore yearly unto the said I. M. his Executors or Assigns, &c. of good, &c. Provided always, that if the said I.M. A Proviso that the Les­see shall not assign without licence of the Lessor, &c. in writing first had, and if he doth, that the Lessor, &c. shall and may seenter, &c. his Executors, &c. or any of them, shall at any time or times hereafter, during the said term, demise, grant, assigne, or set over, or cause to be demised, granted, as­signed or set over, all or any part of the said Lands, Tenements, Hereditaments, and other the Premises before mentioned to be demised, or vesture, or herbage thereof, to any person or persons whatsoever, without licence of the said H.P. his Heirs or Assignes, thereunto in writing first had and obtained. That then and from thenceforth it shall and may be lawfull to and for the said H. his Heirs and Assigns, into all and singular the lands, &c, and other the premises before by these presents men­tioned to be demised, and into every part and parcel thereof, to Reenter, and the same to have again, as in his or their former estate, any thing before in these presents contained to the con­trary thereof notwistanding. And the said H.P. for him, his [Page 85]Heirs, &c. doth by these presents Covenant and grant, Covenant that the Lessor &c. at his pro­per costs shall within &c. af­ter request, as­sign timber for reparati­ons and new making of &c. if need be. As also that the Lessor after like request, shall yearly assign suffici­ent fireboot, &c. and that it shall be lawfull for the Lessee, &c. to cut down, work out, and carry away the same, to be imployed a­bout the said uses, and not otherwise, without pay­ing or ac­compt render for the same. And in de­fault of As­signment after request, to take without assignment. to and with the said I. M. his Heirs, &c. in manner and form follow­ing, that is to say, That he the said H. P. his Heirs and As­signes, shall and will, &c. during the said term, at his and their own proper costs and charges, within, &c. next after request to him or them, by the said I. M. his Executors, Administra­tors, or Assigns, to be made, not only assign and appoint unto him or them such and so much timber, growing or being upon some part of the said demised premises, as shall be sufficient & convenient for the repairing, maintaining, amending, or new making (if need shall require) of the said Mansion-house, or o­ther buildings before by these presents demised; But also shall likewise yearly during the said Term, within &c. next after like request to him or them by the said T. M. to be made, at his and their like costs and charges, assign or appoint unto him or them, upon the said premises, sufficient and conveni­ent fewell and fire-boot, gate-boot, wain-boot, Cart-boot, and plough-boot, to be expended or spent upon the said premises by these presents mentioned to be demised, and not­elsewhere, which said timber, fewell and fire-boot, gate-boot, wain-boot, cart-boot, and plough-boot, so assig­ned, or appointed, it shall and may be lawfull to and for the said I. M. his Executors, &c. or for his and their servants and workmen, or any of them, from time to time, and at all times during the said term, to fell, cut down, and work out, and the same with their Waynes and Carriages to carry away, and imploy about the said reparations, buildings, fewell, and fire-boot, gate-boot, wayn-boot, cart-boot, and plough-boot, and not otherwise, without any let or disturbance of the said H. P. his Heirs or Assigns, without any accompt or other thing therefore yeelding, rendring or paying, And in de­fault of such assigment, after such request, as aforesaid, made, without any assignment to take and have the same timber, fewell and fire-boot, cart-boot, wayn-boot, gate-boot, and plough-boot, so as before to be expended or spent, and not otherwise. And further, the said I. M. for him, his Heirs, &c. doth by these presents Covenant and grant, Covenant that Lessee shal not sow or cause to be sown such ground by such sapce before the end of the term. Covenant, that if the Lessor, &c. shal cut down any of the woods, or under­woods, that then it shall be lawfull for him, &c. to in­close them, & that the Lessee shall not de­pasture them with any cat­tle other than Colts of a year old, And that the Lessee, &c. shall at his proper costs maintain the hedges, &c. to and with the said H. P. his Heirs, &c. in manner and form [Page 86]following, that is to say, That he the said I. M. his Heirs, &c. shall not sow, or cause to be sown, any of the Marish ground before by these presents demised, before the end of the said term, and space of, &c.

And further, that if the said H. P. his Heirs or Assign, shall at any time or times, during the said term, fell or cut down any of the woods or underwoods, growing upon the said premises, that then, and so often, it shall and may be lawfull to and for the said H. his Heirs or Assigns, to encompasse or inclose so much of the said wood-ground wherupon such felling shall be, And that after such incolosure made, the said I. M. his Execu­tors, Administrators and Assigns, nor any of them, shall depa­sture or feed in the said Coppizes so to be inclosed, nor put, nor suffer to go there any manner of cattle, other than Colts of one year old, during the said term of 5 years, and shall further du­ring that 5 years, at his own costs fence and maintain the said hedges and fences so to be made by the said H. P. his Heirs or Assigns. In witnesse whereof, &c.

Letter of Attorney irrevocable, for the assignment of a Recognizance (ac­knowledged in Chancery) whereupon Iudgement is there had (with divers Covenants there­in contained) to the proper use of the Assignee.

KNow all men by these presents, That whereas A.S. &c. did by Recognizance acknowledged at Westminster in the Court of Chancery (tali die & anno) acknowledge himself to be indebted unto one I.M. &c. of, &c. to be paid unto the said I.M. or to his sure Attorney, upon the Feast, &c. then next fol­lowing the date of the said Recogn. with a certain condition thereupon endorsed, as by the said Recogn. and Condition more at large it doth and may appear; and where sithence the acknowledging of the said Recognizance the said I. M. hath [Page 87]sued two Writs of Scire facias against the said A. S. in the said high Court of Chancery at Westminster, upon the said Recog­nizance, against the said A. S. as by the said Iudgement remai­ning of Record in the said Court of Chancery appeareth. Now these presents witnesse, that the said I. M. for divers good causes & considerations him thereunto specially moving, hath granted, bargained and sold, and set over, and by these presents doth fully, clearly and absolutely grant, bargain, sell, assign and set over, unto H. P. of &c. the said Recognizance, and all sums of money therein contained, together with the together with the said judgement thereupon given, with all such benefit, advantage, commodity, and sums of money, as the said I. M. his Executors, Administrators, or any of them, may or can, might, should or ought to have, receive, take, re­cover, or in execution have, by force or means of the said Recognizance, judgement, and execution, or any of them. And further the said I. M. doth by these presents, for him, his Executors, &c. ordain, constitute, and in his place put and ap­point the said H. P. during the natural life of the said H. and lawfull Attorney or Attorneys irrevocable, for him, and in the name of him the said I. M. during his life, and of the Execu­tors, &c. of him the said I. M. after his decease, to ask, de­mand, receive, recover, and in execution to take, levy, and have, of, and against the said A. S. the Executors and Admi­nistrators of the said A. S. or any of them, all or any of the said sums of money, mentioned, contained or specified in the said Recognizance, and all and every such sum and sums of money as is already recovered, or may arise, grow due or pay­able, upon or by reason of the said Recognizance, and judge­ment, or any of them, and execution or executions in the name of the said I. M. his Execut &c. upon the said Recognizance, and judgement, thereupon given, at the cost and charges of the said H. P. his executors, &c. to take, have, sue forth, and le­vy; And [...]uch sum and sums of mony, as shall or may be had, taken, recovered or levied, upon, or by reason of the said Recog. and judgement thereupon given, or either of them, to [Page 88]receive, perceive, take, have, and detain, to the proper use and behoof of the said H. his Executors, &c. without any accompt or other thing therefore yeelding, rendring, or paying, unto the said I. M. his Executors, &c. And in default of payment of all, or any part of the said sum or sums of money mentioned in the said Recogn. to Arrest, sue or implead, or execution to take against the Heirs, Executors, or Administrators of the said A. S. or any of them upon the said Recogn. or judgement, as upon either of them, in any lawfull Action or Actions, Sute or Sutes, Plaint or Plaints, in any Court or Courts of the Com­monwealth of England, for or in the name of the said I. M. his Executors or Administrators, And judgement and executi­on thereupon to take and have, And Attorney or Attor­neys, for, in, or concerning the said premises, or any part thereof, for or in the name of the said I. M. his Executors, &c. to make, constitute, ordain, and appoint, and them also at his and their will and pleasure to alcer, revoke, change, and re­move; And further to make, do, execute and commit, or cause to be made, done, executed, and committed, in the name of the said I. M. his Exec. &c. all and every matter and thing, Act and Acts whatsoever, meet, necessary, expedient, or conveni­ent for the recovery, levying, having, or execution, making, taking, or having of all, or any of the sum or sums of money mentioned or contained in the said Recogn, and judgement thereupon given, or either of them, and all and singular such sum and sums of money, or other thing, as he the said H. his Exec. &c. shall by reason of the said Recogn. or judgement, or Execution thereupon to be had, made, or taken, have, take, levy, or recover in the name of the said I. M. his Executors, &c.

And the said I. M. doth for him, his Executors, &c. Co­venant and grant, to and with the said H. his Executors, &c. that if shall and may be lawfull, Covenant that the Assig­nee or Attor­ney, &c. shall retain the sum to his, &c. own use, without accompt ren­dered. to and for the said H. his Executors, &c. to have, take, retain, keep and enjoy, &c. to his and their own use, without any accompt, or other thing therefore to be yeelded, rendred, or given. And the said I. M. ratifieth and alloweth, and by these presents con­firmeth and avoweth, all and every matter and thing, Act and Acts whatsoever, which the said H. P. his Execu­tors [Page 89] &c. or any of them, shall at his and their costs and charges, doe, execute, or commit, or cause be done, executed or committed, in the name of the said I. M. his Executors, &c. in, about, touching or concerning the premises, or any part thereof, and the said I. M. doth by these presents, for him, his Heirs, &c. and every of them, Covenant and grant, Covenant, that the assig­nor hath done no Act or thing, nor that he, his Heirs, Executors, &c. shall do or cause to be done, whereby the Assignee &c. shall be hindred of the recovery, or receipt of the sum or sums due upon the Recogn. or judgement thereupon had. to and with the said H. P. his Heirs, &c. in manner and form following, that is to say, that the said I. M. nor any other per­son or persons, by his or their consent, privity, or procurement, already hath not made, done, executed or committed, nor that he, his Heirs, &c. nor any of them, nor any other person or per­sons by his or their procurement, shall or will at any time or times hereafter, make, do, execute or commit, or cause to be made, done, executed or committed, any Act or Acts thing or things whatsoever, whereby the said Recogn, or all, or any of the sum or sums of mony therein contained, or any acti­on or actions, sute or sutes, plaint or plaints, commenced or to be commenced thereupon, or any judgement or judgements thereupon already given, or hereafter to be given, now be, or at any time or times hereafter shall be, released, discharged, dis­continued, nonsuted, disallowed, or otherwise hindred, or made void or frustrate, or whereby the said H. P. his Executors, &c. in the name of the said I. M. his Executors, &c. shall not nor may not recover and have the said sum and sums of money in the said Recogn. mentioned, and execution or executions of the said Judgements.

Covenant, that the Assig­nor, &c. upon request at the charges in the law of the As­signee, will do any Act, thing, or devise in the law neces­sary for the recovery of the sum or sums of mony contained in the Recogn, &c. And further, that he the said I. M. his Executors, &c. shall and will from time to time, and at all times for ever hereafter, upon reasonable request, and at the costs & charges in the law of the said H. P. his Heirs, Executors, &c. make, do, execute, or cause to be made, done and executed, all and every such Act and Acts, thing and things, devise and devises, in the law what­soever, meet, necessary, or expedient, for the said recovery of all or any of the sum and sums of money before mentioned, & for the execution of the said judgement already obtained upon the said Recognizance, by the said H. P. his Heirs, &c. or by his or their learned councel in the Law, shall be reasonably devi­sed, advised and required.

[Page 90] Covenant, that the Assig­nor will not revoke the Letter of At­torney, nor do any thing whereby to frustrate the same; But will avow every thing therein contained, & all acts and things don by the Assignor, &c. by reason of the Recog. or judgement thereupon. And finally, the said I. M. doth by these presents, for him, his heirs, &c. covenant and grant, to and with the said H. P. his Executors, &c. that neither he the said I. M. his Execut. &c. nor either, or any of them, shall or will at any time or times after the date of these presents, revoke, countermand dis­anull or avoid, or by any other means or way whatsoever make frustrate, or adnihilate the said Letter of Attorney, or any li­berty, licence, power, and authority, or any thing in these pre­sents contained, But shall and will, from time to time, and at all times hereafter, justifie and allow, uphold, maintain and avow the same, and every matter and thing therein conteined, or thereby covenanted or granted, and all and every such sute and sutes, execution and executions, act and acts, thing and things, as the said H. his Executors, &c. shall and will at his and their costs and charges, take, commence, prosecute, sue, or follow, in the name of the said I. M. his Executors, &c. upon or by reason of the said Recognizance, and judgement there­upon given, or either of them. In witnesse whereof, &c.

Letter of Attorney irrevocable, for the Assignment of an Obligation to the proper use and behoof of the Assignee.

KNow all men by these presents, That whereas, &c. Now these presents witnesseth, that the said R. W. hath for di­vers considerations granted, assigned, and set over, and by these presents doth grant, assign, and set over unto W. E. &c. the said Obligation, and all sums of money therein contained, together with all such benefit and commodity as the said R.W. his executors, &c. can or may take or recover.

And further, the said R. W. doth by these presents constitute, and in his place put, the said W. E. to be his lawfull Attorney irrevocable, for him, and in his name to ask, levy, recover, take, and have of the said I. F. and W. F. or either of them, the said sum of, &c. conteined in the said condition, at the time and place in the said condition specifyed, or at any other time or [Page 91]place, and in default of payment thereof or any part thereof, to be made unto the said W. E. in my name, or in the name of my Executors, &c. to arrest, sue, or implead the said I. F. and W. F. their Heirs, Executors, &c. or either of them, upon the said Obligation, in any sute or plaint, in any Court or Courts within the Commonwealth of England, and Attorney and At­torneys, for me, and in my name to make, and if need be to revoke, and all or any of the said actions, sutes or plaints, in my name to follow and prosecute, against the said I. F. and W. F. or either of them, ratifying and allowing all and every the matters and things, act and acts whatsoever, which my At­torney, his Executors, Administrators and Assigns, or any of them shall lawfully make, do, execute or commit, or cause to be made, done, executed or committed, in, about, or concer­ning the premises. In witnesse whereof, &c.

An Indenture that the Grantor shall infeoff another person, before a day limited in the Indenture, of certain Lands, with general Warranty, to such uses as shall be limi­ted by the Feoffment.

THIS INDENTURE made, &c. Between I. A. &c. of th'one part, and I. W. &c. of th'other part, Witnesseth, that the said I. A. in consideration, &c. And the said I. A. doth by these presents for him, his Heirs, Executors, Admi­nistrators and Assigns, Covenant and grant, to and with the said I. W. his Heirs, Executors, Administrators and Assigns, in manner and form following; that is to say, that he the said I. A. shall and will, before, &c. upon reasonable request, and at the costs and charges in the Law of the said W. by Deed infe­off I. E. the younger, of, &c Yeoman, and G. A. of, &c. of and in all those, &c. whether more or lesse, and bounding and butting in manner and form following, that is to say, &c. as the marks and bounds divide and shew, to be had and holden of the said I. E. & G. A. their Heirs and Assigns, to such use and [Page 92]uses, Covenant, that the bar­gainor is, and at the time of a future Feoff­ment to be made, shall be seised in fee or fee tay I gene­ral, of a law­ful, absolute, and indefea­sible estate in his own right, &c. and in such manner and form, as in and by the said Deed of Feoffement shall be limited and declared, and not to any other use or uses, intent or purpose.

And the said I. A. doth by these presents, for him, his Heirs, &c. Covenant and grant, to and with the said I. W. his Heirs, &c. that he the said I. A. at the time of the ensealing and deli­very of those presents, is, and at the time of seison and state thereupon execute according unto the purport of the said Deed of Feoffment, shall be seised in his demean, as of fee-sim­ple, or fee-tayl general, of a good, sure, lawfull, rightfull, ab­solute and indefeasible estate, And now hath, and then shall have, good, lawfull authority, and rightfull power, in his own right, to give, grant, and convey the said Lands, and all other the premises, with the appurtenances, according to the purport of the said Deed of Feoffment, unto the said I. E. and G. A. And to such uses and intents as shall be contained in the said Deed of Feoffment, And that such person or persons to whom the use or uses shall be in or by the said Deed of Feoffment limited, Covenant, that they to whom the uses shall be limi­ted by the fu­ture feoffe­ment, may peaceably and lawfully en­joy the said Lands, &c. without any lawfull let, &c. acquitted and dischar­ged, or saved harmless from former bar­gains, &c. and incumbrances &c. the Rents and services only due to the Lord &c. of the fee ex­cepted. shall, or lawfully may, from time to time, and at all times after the execution of the estate upon the said Deed of Feoffment to be made, peaceably, and lawfully have, hold, and enjoy the said Lands and Tenements, and all other the premises, with the apurtenances, according to the limita­tion of the uses in the said Deed of Feoffment to be con­tained, without any lawfull let or expulsion, eviction, or di­sturbance, of the said I. M. his Heirs, &c. or any other person or persons whatsoever, And that cleerly acquitted and di­charged, or else from time to time, from and after the execu­tion of the said estate by the said I. A. his Heirs, &c. suffici­ently saved harmlesse and indemnified, of and from all and all manner of former bargains &c. and incumbrances whatsoever, had, made, done, executed or committed, or be­fore the execution of the said estate to be had, made, done, or committed by the said I. A. his Heirs, &c. or by any other person or persons whatsoever, The rents and services from henceforth due or payable for the said lands, and other the premises to the Lord or Lords of the fee or fees thereof only excepted; And further, the said I. A. his &c, and all and [Page 93]every other person and persons, any estate, interest, or thing, The Common Covenant for further assu­rance to be made. having or lawfully claiming to have, by, from, or under the said I. A. his &c. shall and will, from time to time, and at all times during the space of, &c. next, &c. upon request, and at the costs and charges in the law of the said I. W. his Heirs, &c. acknowledge, make, doe, execute, or suffer to be acknowled­ged, made, done, and executed, all and every such further rea­sonable and lawful Act and Acts, thing and things, devise and devises in the law whatsoever, for the further assurance, &c. and other the premises, with the appurtenances, to such per­son or persons, their Heirs and Assigns, to whom the use or uses of the said premises shall be in or by the said Deeds of Feoffment limited; Be it by Fine, Feoffment, &c. as by the said I. W. his Heirs, or Assigns, or by his or their learned Councel in the Law, shall be reasonably devised, or advised and required.

And further, the said I. A. doth by these presents, bargain and sell unto the said I. W. all and singular the deeds, chaters, The usual clause of sale of the eviden­ces which concern the title: and co­venant to de­liver them be­fore a day cer­tain. wri­tings, evidences, escripts, and minuments concerning only the said premises, or any part thereof, all or so many of them as the said I. A. or any other person or persons to his use, or by his delivery, hath in his or their custody, or which he may law­fully come by, without sute in law.

And he the said I. A. doth by these presents, for him, his Heirs, &c. Covenant and grant, to and with the said I. W. his Heirs, &c. well and truly to deliver the said, &c. or cause them to be delivered unto the said I. W. his Heirs, &c. on this side or before that &c. next ensuing the date of these presents. In Witnesse whereof, &c.

A Deed of Feoffment of the lands be­fore mentioned in the Indenture.

TO all, &c. know ye that I the aforesaid, &c. for diverse Causes and Considerations, me especially moving, have, given, &c. and by this my present writing in­dented [Page 94]have confirmed unto I. E. the younger of, &c. and G. A. of &c. all those, &c. and the reversion and reversions, re­mainder & remainders of all and singular the aforesaid Lands and Tenements, with the appurtenances before mentioned to be given or confirmed, with all and singular their appurtenan­ces, to the aforesaid I. E. and G. A. their Heirs and Assigns for ever, to the use, behoof, and intents hereafter in these presents mentioned and declared, and to none other uses or intents; viz. to the use and behoof of I.W. Son and Heir ap­parent of I. W. of, &c. his Heirs and Assigns for ever. Pro­vided alwayes, A Proviso for the Lesser of the old uses upon tender of money. neverthelesse, that if the aforesaid I.W. afore­said, or his Assigns, do pay, or bring to pay, or bring to the elder Churchwarden of the Parish Church of, &c. aforesaid for the time being, in the Church Porch of the Parish Church of, &c. aforesaid, Twelve pence of lawfull, &c. any time or times during the life of the aforesaid I. W. aforesaid, at one entire payment; that then, and from thenceforth the uses a­foresaid before by these presents limited to the aforesaid I. W. the Son, shall cease, be frustrate, and have no longer continu­ance, and that then, then afterwards, and altogether from thenceforth, the uses of the Lands and Tenements aforesaid, shall be, and the aforesaid I. E. and G. A. and their Assigns, and all others, shall stand, and be seized to the only use and behoof of the said I.W. aforesaid, his Heirs and Assigns for e­ver, and to none other uses or intents, any thing before in this present Writing contained to the contrary hereof notwith­standing, To hold of the Chief Lord of the Fee by the service therefore due, and of right accustomed. And I the aforesaid I. A. and my Heirs, all and singular the aforesaid Lands, Te­nements, Hereditaments, and other the premises, with all and singular their appurtenances, to the aforesaid I. E. and G. A. their Heirs and Assigns, to the use, behoof, and intents aforesaid, against all men will warrant, and for ever defend by these presents, In witnesse, &c.

A Deed of Feoffment of a Parsonage, and Advowson of the Vicaridge thereto belonging, with Warranty against the Feoffor and his Heirs.

TO all, &c. Know, &c. all that my Rectory of V. with the Advowson and Presentation of the Vicaridge of V. aforesaid, and all and singular houses, barns, edifices, lands, Glebes, tenements, pensions, portions, tithes, oblations, ob­ventions, and hereditaments hwatsoever, being, or reputed to be, part, parcel or member, with the appurtenances of the Re­ctory aforesaid usually demised, used, or occupied with the same, which the aforesaid I. B. lately purchased of, &c. To have and to hold the Rectory aforesaid, together with the Ad­vowson and Presentation of the Vicaridge aforesaid, and all and singular houses, edifices, lands, Glebes, tenements, pensi­ons, portions, tithes, oblations, obventions, hereditaments, and all and singular other the premises, with the appurtenan­ces, to the aforesaid, &c. his Heirs and assigns for ever, of the Chief Lord of the Fee, by the service therefore due, and of right accustomed, &c. (With the usual clause of Warranty.)

An Indenture of bargain and sale, made to the Lessee, of the same land, with Proviso, that if the Bargainee do not pay a certain sum of money, at a day, then the Grant to be void.

THIS INDENTVRE, &c. Between the Right Hono­rable H. Lord Windsor, of th'one part, And I. H. of &c. of th'other part, Witnesseth, That the said H. Lord Windsor, as well for and in consideration of the sum of, &c. to him the said H. Lord W. by the said I. H. well and truly in hand paid, &c. As also for and in consideration of, &c. to him [Page 96]the said H. L. W. by the said I. H. his Executors, &c. to be paid in manner and form according to a proviso hereafter in these presents contained, hath bargained and sold, and by these presents doth fully, clearly, and obsolutely bargain and sell unto the said I. H . All and singular the Lands, Tenements, and Hereditaments, hereafter mentioned, that is to say, the Site or Manor-house, of G. &c. and other buildings to the said Site or Manor-house belonging or appertaining, with the appurtenances, one Orchard, &c. situate, lying and being, in the Parish of &c. and now being in the tenure or occupation of &c. or his Assigns, by vertue of a demise thereof made to him the said J. H. by the said H. Lord. W. which said Site or Manor-house, are together situate, lying and being in &c. aforesaid, and do bound and butt, &c. And further the said H. Lord W. hath for the consideration aforesaid, bargained and sold, and by these presents doth fully and clearly bar­gain and sell, unto the said I. H. the reversion and reversions, remain and remainder, of all and singular the said Site, or Ma­nor-house, &c. and all and singular other the Lands, &c. of the said H. Lord W. which he the said H. holdeth by rea­son or virtue of the said two several Leases to him made by the said H. Lord W. and the receipts and other things reserved up­on, or payable by reason of any demise or demises of the said premises, or any part or parcel thereof heretofore made, together with all and singular the Deeds, &c. concerning on­ly the said Site or Manor house, Lands, Tenements, and o­ther the premises before mentioned to be bargained and sold, or only any part thereof, And the true Copies of all such o­ther Deeds, Evidences, and writings as concern the said pre­mises, or any part thereof, joyntly together with other Lands, and Tenements, the same Copies to be written out at the costs and charges of the said I. H. his Heirs or Assigns; To have, &c. the said Site or Manor-house, &c. and all and singular o­ther the premises, unto the said I. H. his Heirs and Assigns for ever. Provided alwayes, that if the said I. H. his Heirs, &c. or any of them, shall not well and truly content and pay, or cause to be well and truly contented and paid unto the said H. Lord W. his Executors, &c. the sum of, &c. before recited, in manner [Page 97]and form following, that is to say, &c. at or in, &c. and &c. one other parcel thereof, at the place aforesaid, in or upon the &c. But in payment thereof, or of some part thereof, shall make default, That then and from thenceforth it shall and may be lawfull to and for the said H. Lord W. his Heirs or Assigns, into the said Site or Manor-house, &c. and into every part and parcel thereof, with all and singular their appurtenances, to reenter, and the same to have again, repossesse and enjoy, as in his or their first and former estate and estates any thing be­fore in these presents contained to the contrary thereof not­withstanding.

[Here followed the usual Covenants, as first, that the Bargai­nor is seized of a rightfull, absolute, indefeasible estate, in fee-simple, or fee-tayl general, &c. in his own right, and had law­full power in his own right to convey, &c. as aforesaid; And that upon payment as aforesaid the Bargainee shall peaceably and lawfully enjoy the &c. without any eviction or distur­bance, &c. and that the lands are and shall be discharged or sa­ved harmlesse from all former bargains, &c. and incumbrances whatsoever, the rents due to the chief Lord of the fee excep­ted. Secondly, the usual Covenant of further ussurance, &c. if the Bargainee perform the Condition. And lastly, the usual Covenant to deliver the deeds and evidences (if the Bargainee perform the condition) to the Baagainee before or at a day certain.]

[Note, that these Covenants are not always thus placed, but are sometimes transposed and altered, as may appear by the Presidents before.]

And Indenture of bargain & sale, and to lead the use of a fine, to be levyed.

THIS INDENTURE, &c. Between I. G. &c. and I. his wife, of the first party, I. H. &c. on the second party [Page 98]and H. P. &c. on the third party, Witnesseth, That the said I. G. and I. his Wife, and I. H. for divers good causes and con­siderations, &c. hath granted, bargained and sold, and by these presents, &c. unto the said H. P. all those lands, &c. with all and singular their appurtenances, situate, lying and being, &c. commonly known, or called by the name of, &c. containing in all, by estimation, &c. whether more or lesse, and all and sin­gular other the lands, &c. of them the said I.G. & I. his Wife, and I.H. or either of them, in H. aforesaid. And further, the said I. G. and I. his Wife, The usual clause of sale of the deeds which, &c. with covenant to deliver the to the Bargai­nee before a day certain. and I. H. do by these presents bar­gain and sell unto the said H. P. the reversion and reversions, remainder and remainders of all and singular the said land, &c. and other the premises, with th'appurtenances, together with all and singular the Deeds, &c. concerning only the said lands, and other the premises, or any part thereof, which said Deeds, &c. or so many of them as they the said I. G. and I. his Wife, and I. H. have, or either of them hath in their or either of their custody or possession, or which they, or either of them, may lawfully come by, without sute in Law, the said I. G. for himself, and his Wife, and the said I. G. for him, his, &c. doe by these presents covenant to and with the said H. P. his Heirs and Assigns, well and truly to deliver, or cause to be delivered unto the said H. P. his Heirs or Assigns, on this side, and be­fore the Feast of, &c. so whole, safe, uncancelled and undefaced, as they are at the time of the delivery of these presents; To have, &c. unto the said H. his Heirs and Assigns for ever, to the only use and behoof of the said H. P. his Heirs and Assigns for ever. And it is further covenanted, granted, concluded, con­descended and fully agreed, by and between all the parties to these presents in manner and form following; that is to say, that they the said I. G. and I. his Wife, and I. H. shall and will before the Feast of, &c. at the costs and charges in the Law of the said H. P. his Heirs, &c. before the Justices of the Court of Common pleas at Westminster, knowledge one Fine sur Cognizance de droit come ceo q'il ad d. son don unto the said H. P. with Proclam. according to the Stat. in that case provi­ded, in due form of Law to be levied, of all and singular the said Lands, &c. and other the premises, with th'appurtenances, [Page 99]by certain names, number and quantity of Land in the said Fine to be contained, By which said Fine so to be knowledged and levied, the said I.G. and I. his Wife, and I.H. shall acknowledge, the said Lands, &c. and all other the premises before mentioned, to be bargained and sold, with th'appurtenances, to be the right of the said H. P. as these which the said H. P. shall have of the gift, and grant of the said I. G. and I. his Wife, and I. H. &c. and the same shall release, and quit claim unto the said H. P. his Heirs and Assigns for ever, which said Fine so to be knowledged and levied, and the execution thereupon to be had and taken, and the said Lands, &c. and other the premises, shall be to the only use and behoof of the said H. P. his Heirs and Assigns for ever, and not to any other use or intent.

Now followeth the usual Covenants, that the Lands are and shall be discharged or saved harmlesse from all former bar­gains, incumbrances, &c. except the Rents, &c. due to the chief Lord of the Fee, and one Lease heretofore made; that the Bargainee shall peaceably enjoy without eviction or disturbance, &c. and lastly, the Covenant for further assu­rance, &c.

An Assignment of a Lease.

THIS INDENTVRE, &c. Between E. A. &c. of th'one part, and W. S. &c. of the other part, Witnesseth, That whereas the Right Honorabfe A. V. M. &c. did by Indenture bearing Date, &c. demise, &c. unto W. A. all that the Site of the Manor or Farm of P. with the houses, &c. [Recite the Ori­ginal Lease unto the end of the payments of the Rents,] with clause of re-entry for non payment of the said Rent, as in and by the said Indent. amongst other things more at large it doth and may appear; The estate, right and interest of which said W. A. of & in the said Site of the said Manor, and other the premises, the said E. and E. A. by good and lawfull assurance, and convey­ance in the Law, hath sithence obtained, and now hath and holdeth. And whereas the said A. V. M. did further by the [Page 100]said recited. Indenture make divers and sundry Covenants, Grants, and agreements, to and with the said W. A. his Exe­cutors and Assignes. Now these presents witnesseth, that the said E. A. for the sum of, &c. to him by the said W. S. before the delivery of these presents well and truly paid, whereof the said E. acquitteth the said W. his Heirs, &c hath given, granted, assigned, and set over unto the said W. S. all the said term of years yet to come and unexpired of and in the said site and o­ther the premises, And all the estate, right, title, interest, and term of years which the E. A. at the time of the ensealing, and delivery of these presents, hath yet to come and unexspired of and in all and singular the said Manor, Lands, &c. and other the premises in the said recited Indenture mentioned to be demised, with all and singular their appurtenances, together with the said recited Indenture of Lease, and all such benefit, advantage, and commodity as the said E. his Executors or As­signs, can or may have, receive, perceive, or take by means of the said recited Indenture and demise, or by reason of all or a­ny of the Covenants, Grants, and agreements in the said Inden­ture contained, To have and to hold the said Manor, &c. and o­ther the premises before by these presents mentioned to be bargained, assigned, and set over, with all and singular their ap­purtenances, unto the said W.S. his Executors, Administrators, and assigns, from the day of the date of these presents, for and during all such time, interest, and term of years as are yet to come, or be unexpired, as he the said E. A. his Executors, &c. or any of them might have had taken, and enjoyed the same, if this present grant had never been or made. And the said E. A. doth by these presents, for him, his Heirs, &c. covenant and grant, The usuall Covenant for peaceable and quiet enjoy­ment without eviction or di­sturbance, &c. to and with the said W.S. his Executors, &c. that he the said W.S. his Executors, &c, shall and may, from time to time, and at all times hereafter, during all the said term of years yet to come, or unexpired, peaceably, lawfully, and quietly have, hold, occupie and enjoy the said Site, and all other the premises before mentioned to be granted, assigned, and set o­ver, with all and singular their appurtenances, without any e­viction or expulsion, let or disturbance of the said E. A. his Executors, &c. or of any of them, or of any other per­son [Page 101]or persons whatsoever, any estate, interest or term in the said premises, or any part thereof, having or claiming to have, by, from, or under the said E. A. his Heirs or Assigns, or by, from, or under the said W. A. his Heirs or Assigns.

Covenant, that the Assig­nor hath nei­ther done nor omitted any thing, whereby to forfeit or a­void the lease. And further, that neither he the said E. A. nor W. his Father, their Executors, &c. not any of them, already have not execu­ted, committed, or suffered, or left undone or omitted, any Act or Acts, thing or things whatsoever, whereby the said lease or term of years is forfeited, or may be defeated, made frustrate, or avoided, or the estate, interest, or term of years of the said W. S. yet to come and unexpired therein any ways hindred or adnihilated, In Witnesse whereof &c.

A Grant of an annuity or yearly rent, for lives, with divers good covenants there­in conteined for the better enjoying of the Rent.

THIS INDENTURE, &c. Between G.G. of &c. and G. G. Son and Heir apparent of the said G. of the one part, and H. P. of &c. of the other part, Witnesseth, that the said G. and G. for divers good causes, &c have given, gran­ted, and confirmed, and by these presents doe give, grant, and confirm, unto the said H.P. his Heirs and Assigns, one Annuity or yearly rent of, &c. of good, &c. to be issuing and going out of all and singular the Manors, &c. here after mentioned, situate, lying and being in the said County, that is to say, of, in & out of the Manor or &c. [Recite the Land] to have, levy, per­ceive, take, & yearly enjoy the said annuity and yearly rent of &c. unto the said H. P. his Heirs, &c. immediatly from & after the decease of A. B. of &c. for, with, & during the natural life or lives of &c. [recite the names of the parties] and of the sur­vivor and survivors of them, at usual feasts or terms in the year, that is to say, by even & equal portions yearly to be paid, at or in the Mansion or Manor-house of &c. aforesaid, And if it shall happen the said annuity or yearly rent of &c. or any part or parcel thereof, to be behind & unpaid, in part or in all, over or after any of the said feasts, or days of payment, in which as [Page 102]aforesaid it ought to be paid, by the space of, &c. next after any of the said Feasts, For default of payment, of the rent, a Nomine poen [...]e is granted, & distresse for both irreple­giable. or days of payment limited for the payment thereof that then, and so often they the said G. G. their Heirs and Assigns, shall forfeit and lose to the aforesaid H. P. his Heirs or Assigns, &c. of good, &c. in the name of a pein, and that then, and so often, and from thenceforth it shall and may be lawfull to and for the said H. P. his Heirs and Assigns, and the said G. the Father, and G. the Son do, and either of them doth, for them and either of them, and for the Heirs and As­signs of them and either of them grant, that it shall and may be lawfull to and for the said H. P. his Heirs and Assigns, as well for the said Annuity or yearly rent of, &c. as for the said sum, or for any part or parcel thereof, so as aforesaid forfeited, in the name of a pein, unto all and singular the said Manors, &c. or into any part or parcel thereof to enter, and distrain, and the distresse and distresses there so had and taken, from thence lawfully to lead, drive, and carry away, and the same to im­pound, detein, and keep irreplegiably, until the said H. P. his Heirs and Assigns, shall be as well of the said Annuity or year­ly rent, together with the arrerages thereof, (if any shall hap­pen to be) as also of the said sums of &c. so as aforesaid to be forfeited, in the name of a pein, fully satisfied, contented, and paid. Of which said Annuity, or yearly rent of, &c. the said G. and G. have put the said H.P. in full, Seiz [...] of the rent given by the Grantor. quiet, and peaceable possession and seizon, by the delivery and payment of, &c. of &c. unto the said H. P. at the time of th'ensealing and delive­ry of these presents, in the name of seizon of the said Annuity, or yearly rent before mentioned.

And the said G. G. the Father, and G. the Son do, and eve­ry of them doth severally by these presents, for them and ei­ther of them, Co [...]enant that the Grantor is seised of an abs­olute & in­defeasible e­state of the Lands char­ged; & that he hath good and lawful power in his own right to charge them. Covenant and grant, to and with the said H. P. his Heirs, &c. in manner and form following; that is to say, that the said G. the Father, at the time of th'ensealing and de­livery of these presents, is solely, lawfully and rightfully seized in his demean as of Fee-simple, of a good, sure, lawfull, abso­lute, and indefeasible estate, of and in all and singular the said Manors, &c. and other the premises, out of which the said Annuity or yearly Rent before granted is mentioned to be is­suing, [Page 103]And that the said G. the Father, at the time of the en­sealing and delivery of these presents, had good rightfull pow­er, and lawfull authority, in his own right to charge the said Manors, &c. and all and singular other the premises, with the appurtenances, out of which the said Annuity or yearly Rent is before limited to be granted, with the said Annuity or year­ly Rent, according to the purport of these presents, and in manner and form aforesaid. And further, the said G.G. and G. do, and either of them doth, for them, and either of them, and for the Heirs, &c. of them and either of them, Covenant that the lands out of which, &c. in default of payment shall be overt lya­ble and suffi­cient to the [...] distresse, &c. Covenant and grant, to and with the said H. P. his Executors, &c. That the said Manors, &c. and all other the premises, and every part and parcel thereof, out of which the said Annuity or yearly Rent is mentioned to be issuing, shall and will from time to time, and at all times from and after any default in payment to be made of the said Annuity or yearly Rent, or of any part thereof, at any of the time or times before limited for the pay­ment thereof, be overt, lyable, and sufficient to the distresse and distresses of the said H. P. his Heirs, &c. And further, Covenant that the lands out of which, &c. are, & du­ring the con­tinuance of the said Rent, shal be of such value, &c. a­bove all char­ges & reprises. Covenant that the Grā ­tee shall pea­ceably enjoy the rent. that the said Manor, &c. and other the premises, out of which the said Annuity or yearly Rent before-mentioned to be granted, and issuing, now be, and shall from time to time, and all times hereafter, during the continuance of the said Annuity or year­ly Rent, and during such time as the said Annuity or yearly Rent before granted, is mentioned to be payable unto the said H. P. his Heirs or Assigns, continue, remain, & be of the cleer yearly value of, &c. over and above all other charges and repri­zes whatsoever. And that the said H. P. his Heirs, &c. shall, or lawfully may, from time to time, and at all times during the continuance of the said term, peaceably and quietly have, per­ceive, take, and enjoy, the said Annuity or yearly Rent, accor­ding to the purport of these presents. Covenant that the Lands are, and shall be, during the continuance of the rent, discharged, or else saved harmlesse, &c. And that the said Ma­nors, &c. and all other the premises out of which the said An­nuity or yearly rent before granted is mentioned to be issuing, at the time of th'ensealing and delivery of these presents, be, and so from time to time, and at all [...]imes hereafter, during such time as the said premises shall be chargeable with the said Annuity or yearly Rent, shall continue, remain, and be acquit­ted [Page 104]and discharged, from all for­mer Bargains, gifts, grants, &c. grants by Copy of Court Roll, and one Lease made, excep­ted. or else from time to time, and at all times hereafter sufficiently saved harmlesse and indemnified, of and from all manner of former bargains, sales, gifts, grants, &c. and incumbrances whatsoever; All grants and demises heretofore made or granted, by Copy of Court Roll to any person or per­sons according to the customs of the said Manors of any custo­mary or Copy-hold lands heretofore usually letten by Copy of Court Roll, And one Lease heretofore made by Indenture to one I. L. for the term of, &c. of the new house in H. with the appurtenances, &c. being part of the premises, only excepted and foreprised. In witnesse whereof, &c.

A Grant in Fee-farm, with warranty against the Feoffor and his Heirs, in which Grant a Letter of Attorney is inserted, to give Livery.

TO all, &c. Know ye, that I the said R. R. for divers Cau­ses, &c. have demised, infeoffed, delivered, and by this my present Writing indented confirmed unto I.R. &c. all that, &c. with the appurtenances, situate, lying and being, &c. contei­ning in the whole, by estimation, &c. whether it be more or lesse, and bounding and butting in manner and form follow­ing; that is to say, &c. To have and to hold the aforesaid, &c. with all and singular their appurtenances, to the aforesaid I.R. his Heirs and Assigns for ever, of the chief Lord of the Fee thereof, In default of payment grant of power to distrain, & if no sufficient distress may be found upó the ground, that then it shall be lawful for the Feoffor to re [...]enter. by the Services therefore due, and of right accusto­med; Yielding and paying therefore to me the aforesaid R.R. and my Assigns, yearly, &c. at two terms of the year, viz. &c. by equal portions yearly to be paid. And if, and as often as it shall happen the aforesaid yearly rent, &c. or any parcel there­of to be behind and unpaid, in part or in all, after any Feast of the Feasts aforesaid, in which the same, as aforesaid ought to be paid, that then, and so often, and afterwards, it shall be lawfull for me the said R. R. and my Assigns, into all and sin­gular the said Lands, and other the premises, and into any, and [Page 105]every part thereof, to enter and distrain, and the distresses so there taken and had, from thence to lead away, drive, take, and carry away, and the same to retain and detain, untill the said annual rent, &c. and the arrerages thereof (if there be a­ny) be fully satisfied, paid, and contented. And if it happen the aforesaid annual rent, or any parel thereof, to be behind unpaid, in part, or in all, after any Feast of the Feasts aforesaid, in which the same ought to be paid as aforesaid, by the space &c. and no sufficient distresse, in or upon the aforesaid, &c. or any parcel thereof, by all that time may be found. That then, and from thenceforth it shall and may be lawfull for me the said R. R. my Heirs and Assigns, in and upon the aforesaid &c. and other the premises, with the appurtenances, to re-enter, and the same to have again, repossesse, and re-enjoy, as in my former estate, and the aforesaid I. R. his Heirs and Assigns from thence totally to expell and amove; any thing before in this present Writing indented to the contrary hereof in any wise notwithstanding.

The usual clause of War­ranty. And I the aforesaid R. R. and my Heirs aforesaid, &c. with the appurtenances, to the aforesaid I. R. his Heirs and Assigns, against me and my Heirs will warrant, and for ever defend by these presents. And moreover, Know ye, Letter of At­torney to give livery. That I the said R. R. have made, ordained, constituted, and by these presents in my place put, my beloved in Christ I. S. of H, &c. my true and lawfull Attorney, for me, in my stead, and in my name to en­ter into the aforesaid, &c. with the appurtenances, and seinsin for me, in my stead, and in my name, to my use take, and af­ter such possession and seisin so for me, in my name and stead to the aforesaid I. R. his Heirs and Assigns, to deliver according to the tenor, force, and effect of these presents only, and whatsoever my said Attorney shall so do, or cause or suffer to be done in the premises, I do ratifie and confirm. In witnesse, &c.

A Condition of an Obligation with the usual Covenants for the better assurance of the Lands Mortgaged.

THe Condition, &c. That whereas the above bounden S.S. hath by his Deed indented, bearing date, &c. for and in consideration of a certain sum of money in the said Deed specified; given, granted, and confirmed un­to the above named T. B. his Heirs and Assigns, three parcels of Land and Meadow in the said Deed indented mentioned, whereof the one is called, &c. containing in all by estimation, &c. or thereabouts, with proviso or condition in the said Deed Indented contained, That if the said S.S. his Heirs, Executors, or Assigns, do pay unto the said T. B. his Executors or Assigns, the sum of, &c. at a certain day and place in the said Deed in­dented specified, That then the said Deed Indented, & seison thereupon delivered, shall be void, as in the said Deed inden­ted, at large appeareth, If therefore the above said T. B. his Heirs or Assigns, Covenant for peaceable en­joyment, and (in default of payment) for further assu­rance, &c. shall or may from time to time, and at all times here after, peaceably and lawfully have, hold, and enjoy the said 3 parcels of Land, & all & singular their appurtenan­ces, according to the purport & intent of the said. Deed inden­ted, And further, if the above bounden. S.S. his Heirs &c. shall happen to make default in payment of the said sum of &c., or of any part thereof, at the day or place in the said Deed Indented limitted for the payment thereof, Then if the abovesaid, S.S. his Heirs, &c. & every other person or persons, any right, interest, or thing, having, or lawfully claiming to have, in, to, or out of the said 3 parcels of Land, or any part or parcel thereof, shall or will from time to time, and at all times hereafter during the space of &c. next after default in payment to be made, upon rea­sonable request, and at the costs and charges in the law of the said T.B. his Heirs, &c. knowledge, make, do, execute, & suffer, or cause to be done, knowledged, executed & suffered, all & every such further lawfull and reasonable act & acts, thing & things, devise & devises in the Law whatever, for the further assurance [Page 107]better suerty, surer making, and absolute conveying of the said 3 parcels of Land, with th'appurtenances, and of every part & parcel thereof, unto the said T. B. his Heirs and Assigns for e­ver, as by the said T. B. his Heirs or Assigns, or by his or their learned Connsel in the Law shall the reasonably devised or ad­vised, Be it by Fine, Feoffment, Recovery, or otherwise with warranty against all persons, or without warranty, That then, &c. Or else, &c.

A Conditiō of an Obligation to per­form Covenants of an Indentute.

THe Condition, &c. that if the within bound I. R. his Heirs, Executors, Administrators and Assigns, and every of them, do, from time to time, and at all times hereafter, well and truly observe, perform, fullfil, and keep and singular the Convenants, grants, and agreements, which on his and their part are to be observed, performed, and kept, mentioned, con­teined, specified or declared in one pair of Indentures bearing date, &c. made between the said I. R. of th'one part, and the said I. G. of th'other part, according to the purport, ef­fect, intent, and true meaning of the said Indenture, That then, &c.

A Condition to abide an Award for Lands in controversie.

THe Condition, &c. That where deivers controversies, vari­ances, debates, and sutes, have been, risen, grown, and are yet depending between the above named T. W. of th'one part, and the above bounden I C. of th'other part, touching, &c. lying in the Parish, &c. conteining by estimation, &c. whether more or lesse, and touching the estate and title thereof, for ap­peasing whereof the said parties have of their mutual consents, [Page 108]assents, and agreements, submitted themselves to the order, a­ward, and determination of L. W. and E. P. or &c. and of T. T. of &c. Arbitrators indifferently elected and chosen, as well on the part and behalf of the said I. C. as on the part, &c. to arbitrate, order, determine, rule, and judge touching and con­cerning the premises, So as the said award be made by the said Abitrators on this side the &c. If therefore, &c. That then, &c. Or else.

A Condition to abide an award, &c. and to stand to the Order of an Umpier.

THe Condition, &c. That if the within bounden R. P. &c. do for his and their part stand to, obey, perform, fulfill and keep the award, Arbitrement, ordinance, determination and Iudgement of &c. Arbitrators indifferently named, &c. aswell on the part and behalf of the within bounden R. P. as on the part, &c. to Arbitrate, &c. of, for, upon, touching and con­cerning all and all manner of Actions and causes of actions, sutes, quarrels, variances, discords, debts, debates, accompts, Co­venants, trespasses, claims, controversies, deeds, had, moved, stir­red, commenced, or depending between the said parties, for a­ny matter, cause or thing whatsoever, from the beginning of the world, unto the day of the date within written, So that the said Arbitrement, &c. of the said Arbitrators, of and upon the premises, be made and given by them the said Arbitrators in writing Indented under their hands and seals, ready to be delivered unto the said parties demanding the same, on this side or before the &c. And if it shall happen that the said Arbitra­tors cannot, nor do not make any award or agreement between the said parties, within the time and space before limited, That then if the said R. P. his Heirs and Assigns, do likewise stand to, obey, perform, fulfill and keep the award, arbitrement, deter­mination, & judgement of W. B. Vmpier between the said par­ties indifferently named, elected, and chosen, to Arbitrate, a­ward, deem, judge, rule and determine, of, for, upon, or con­cerning [Page 109]the premises, so that the same award, ordinance, de­cree, determination and judgement of the said Vmpire be made and given up in writing indented under his hand and seal, on this side and before, &c. That then, &c. Or else, &c.

❧ A Condition to save a Surety harmlesse.

THe Condition, &c. That where the within named E. P. at the special instance, and for the only debt of the within boun­den I. C. stands, jo [...]ntly and severally bounden with the said I. C. and with the within bounden H. T. unto one R. C. &c. in 20 l. of &c. by obligation bearing date, &c. with Condition thereupon indorsed for true payment of the sum of, &c in and upon the, &c. as the said recited obligation and condition more at large appeareth; If therefore the within bounden I. C. and H. P. their Heirs, Exec. Administ. and Assigns, or any of them, do well and truly content and pay, or cause, &c. unto the said R. C. his Exec. or Assigns, the said sum of, &c. at the time & place limited for the payment, according unto the purport of the said condition of the said recited obligation, & thereof, and from all sums of mony in the said recited obligation and condi­tion specified, doe from time to time, and at all times hereafter well and sufficiently save and keep harmlesse the said E. P. his Heirs, Executors, Administ. and Assigns, and his and their lands and tenements, goods & chattels, against the said R.C. his Heirs, Execut. Administ. and Assigns, That then, &c. Or. else, &c.

A Lease of an Iron Furnace, Work Hammer, or Iron Mill, together also with Woods, and Mynes, conteining ordinary Covenants, for the better enjoying of the same.

THIS INDENTVRE, &c. Between F. F. and F. F. Son and Heir apparent of the said F. of th'one part. [Page 110]And H. G. &c. and M. M. &c. of th'other part, Witnesseth, That the said F. and E. for and in consideration, &c. have de­mised, granted, and to Farm letten, and by these presents, &c. unto the said H. G. and M. M. one Iron Furnace, or work, Hammer, or Iron Mill, newly erected, situate, and being, &c. and all Bellows, Implements, Tools, and other necessaries thereunto belonging, and all Ponds, Waters, Water-wayes, Water-courses, Streams, Banks, Bays, Damms, Sluces, Stand­gates, to the said Iron Furnace, and Iron Forge, or to either or any of them belonging or appertaining, or therewith hereto­fore letten, occupied or enjoyed, and also the edifices, houses and buildings, lately erected near about the said from Furnace and Forge, or either of them, for the dwelling of workmen, or for laying of Cole, Iron, or other things. And also such, so much, and so many parcels, pieces, and plots of ground, of the land or soyl of the said F. or E. or either of them, next adjoy­ning unto the said Iron Furnance or Forge, Hammer or Iron mill, as shall be meet and convenient for the said H. G. and M. M. their Executors, Administrators and Assigns, or any of them, not only to build and erect necessary houses upon, for the better keeping, harbouring, or lodging of such their Ser­vants or Workmen, as they or either of them shall use or im­ploy, in and about the said Iron Furnance or Forge, or either of them, during the continuance of this present Lease, Butalso to use for places to lay Wood, Cole, Mine, Iron weare, Sowes of Iron, Earth, Stone, Sand, Cinder, and other necessaries for to be spent, imployed, or used in and about the said Iron Furnace, Iron Forge, Hammer, or Iron Mill aforesaid, To have and to hold the said Hammer, Forge, or Iron Mill, Ponds, Waters, Waterways, Streams, Bays, Damms, and other the premises be­fore by these presents mentioned to be demised, with all and singular their appurtenances, unto the said H. G. and M. M. their Executors, Administrators and Assigns, from the Feast of &c. last past before the date of these presents, Rendring so much Rent the first three years, and so much after. unto the full end and term of, &c. from thence ensuing, and fully to be compleat and ended; Yielding and paying therefore yearly, during the said first three years, of the said term unto the said F. F. his Heirs and Assigns, the sum of, &c. and from and after the, &c. [Page 111]which shall be in the year of our, &c. the yielding and paying during all the residue of the said term of, &c. then to come or to be unexpired, yearly, and every year at the Feast of, &c. unto the said F. F. his Heirs and Assigns, the sum of, For default of payment, of the rent, a Nomine poen [...]e is granted, & distresse for both irreple­giable. at the Iron Forge or Hammer aforesaid, of good, &c. And if, and as often as it shall happen the said yearly Rent of, &c. before by these presents reserved, or any parrt threof to be behind and unpaid, in part, or in all, over of after any of the said Feasts or terms of the year, or terms of payment in the which the same ought to be paid, by the space of, &c. being lawfully deman­ded at the Iron Forge, or Hammer aforesaid, that then the said H. G. and M. M. their Executors, Administrators and Assigns, shall forfiet unto the said F. F. his Heirs and Assigns, the sum of, &c. in the name of a pein; and that then, and from thenceforth it shall and may be lawfull to and for the said F. F. his Heirs and Assigns, into all and singular the Iron Furnance, Iron Forge, Hammer, Iron Mill, and all and singular other the premises, or into any part or parcel thereof, to enter, and di­strain, as well for the said yearly Rent, as also for all such sum or sums of money as shall be forfeited in the name of a pein; and the distresse and distresses there so had and taken, from thence lawfully to lead, bear, drive, and carry away, and that to withhold, detain, and keep inrreplegiable, until that the said F. F. his Heirs and Assigns, shall be of the said yearly rent, and arrerages thereof, (if any shall happen to be) and also of all such sum and sums of money as shall be forfeited in the name of a pein, fully satisfied, contented, and paid.

And the said F. F. and E. F. and either of them, doth by these presents, for them & either of them, Covenant and grant to and with the said H. G. and M. M. and either of them, Covenant, that the leassor, upon request, shall assign so much wood, to the lessee, as shal make 500 cords of wood. and to and with the Executors, Administrators & Assigns of them and either of them, in manner and form following; that is to say, that they the said F.F. and E.F. their Heirs and Assigns, shall and will, yearly, and every year, during all the said term of, &c. upon reasonable request to them or any of them to be made, by the said H. G. or M. M. or either of them, their Executors, Administrators, and Assigns, at or in the now Man­sion-house of the said F. in G. &c. assign, appoint, and set over [Page 112]unto the said H. G. and M. M. or to the survivor of them, or to their or either of their Exec. Administ. and Assigns, within two miles of the said Iron-mill, or Iron-works, of the proper woods of the said F. and E. their Heirs or Assigns, or of one of them, such and so much wood as shall be sufficient to make 500 cords of wood, every cord to contein in length 4 foot, in height 6 foot.

And further, the said E. and F. and either of them, doth for them, and either of the, and for the Heirs, Executors, Admi­nistrators or Assigns of them, or either of them, covenant and grant, Convenant that the Les­sees shall im­ploy the wood for the making of Coals, or o­therwise with­out interrup­tion. to and with the said H. G. and M. M. their Execu­tors, Adiministrators and Assigns, and either of them, and to them the said H. and M. their Executors, &c. do by these presents grant, that it shall and may be lawfull to and for the said H. and M. or either of them or the Executors, &c. or either of them, from time to time, and at all times after such assignment or appointment of the said woods as afore­said, to them the said H. and M. and either of them, or the Executors, &c. of them, or either of them, to be made, felled, cut down, cleaved out, and corded, to have, take, and imploy the said woods so assigned, appointed or set out, for, or to the making of Coals, or otherwise at their will and pleasure, with­out any lawfull let or interruption of any person or persons whatsoever. And the said F. E. and either of them, doth by these presents, for them and either of them, covenant and grant, to and with the said H. and M. their Executors, &c. that if upon such request as aforesaid made for the assignment and appointment of the said woods for the making of the said 500 cords of wood aforesaid, Covenant, that if no assignment be made that the Lessees shall take without assignment. the said F. and E. or any of them, or the Heirs, &c. of them or any of them, do not as­sign, appoint, and set forth the said woods for the making of the said 500 cords of wood of the scantlyn aforesaid, unto the said H. and M. or any of them, or the Executors, &c. of them or any of them, that then, and as often as any such de­fault of Assignment, appoinment, or setting out shall be by the said F. and E. their Heirs or Assigns made, it shall and may be lawfull to and for the said H. and M. and either of them, and the Executors, &c. of them and either of them, to [Page 113]have, and to take in any of the groud of the said F. and E. or either of them, the Heirs, &c. of them or either of them, Convenant, that the Les­sees shall cause the wood to be felled & cor­ded, and that they shall not be carried a­way, or con­verted to coals, untill a week after re­quest made to the Lessors, &c. number the cords, &c. lying and being within two miles of the s;aid Furnace or Forge, so much as will suffice to make up full 500 Cords of Wood of the scantlin aforesaid, for that year and time wherein default of assignment or setting forth shall be made as aforesaid, if so much wood be then to be had upon the woods, ground, or land of the said E. and F. or either of them, or the Heirs or Assigns of them or either of them, within two miles of the said Forge, Furnace or Ironwork, for the certain doing there­of, and for the avoydance of question or controversie in and about the delivery or taking of the said cords or wood, it is co­venanted and agreed between the said parties, and the said H. and M. do covenant and grant, for them, their Executors, &c. to and with the said F. and M. their Heirs and Assigns, that they the said H. and M. their, &c. shall yearly, during the said term, cause the wood by vertue of these presents to be felled, and to be set up into Cords, that neither they, nor either of them, nor their Executors, &c. shall or will, after the making of the said wood to them assigned and set forth, or de­livered as aforesaid into Cords, carry away any of the said cords of wood, or put or convert any of them into Coals, untill within one week after they, or some of them have made re­quest unto them the said F. and E. or one of them, or the Heirs &c. of them or one of them, at the dwelling house of the said F. in H. aforesaid, to tell and number the said cords of wood so made of the wood to them assigned, appointed, set forth, or delivered as aforesaid.

An further, the said F. and E. do, and, either of them doth by these presents, Covenant, that there is sufficient Irō Mine, & Iron wear upon the lands of the Lessors, with­in two miles of the Fur­nace, Or else that they will find or procure suffi­cient in the lands of others within two mises, &c. for them, and either of them, and for the Heirs, &c. Covenant and grant, to and with the said H. and M. and either of them, and to and with the Executors &c. of them and either of them, that there is and shall be during the said term of, &c. good Iron Mine, and Iron wear sufficient, and enough to be employed, spent, or blown out of the said Iron Furnace, to be had, digged, and drawn, within the ground, land and soyl of the said F. and E. their Heirs, &c lying and being within two miles of the Furnace [Page 114]aforesaid; Or else for want of sufficient Iron Mine, or Iron wear, to be spent, imployed, or blown out at the Furnace afore­said, so as aforesaid to be had and found in the lands or soyl of the said F. and E. or one of them, or the Heirs, &c. of them, or one of them, that the said F. and E. at the proper costs & char­ges of them, or one of them, shall and will, from time to time, during the continuance of the said term, procure, find, get, and assign unto the said H. and M. their Executors, &c. or to some of them, land, ground, soyl, and places, lying and being with­in two miles of the said Furnace, where there shall be so much good Mine of the said F. and E. their Heirs, &c. as shall suffice to be spent in the said Furnace, and to supply the want of Iron Mine, and Iron wear, which shall be wanting or lacking in the ground, land or soyl of the said F. and E. their Heirs and As­signs, within two miles of the Furnace aforesaid.

Convenant, that the Lessees, &c. may dig, &c. such & so much I­ron Mine, &c. within 2 miles of the fur­nace, & to have places there to lay the Mine, & wayes for car­rying thereof, without any molestation of any person. And the said F. and E. do, and either of them, doth, by these presents, for them, and either of them, and for the Heirs, &c. of them, and either of them, Covenant to and with the said H. and M. and either of them, their Executors, &c. and either of them, do grant by these presents, that it shall and may be lawfull, to and for the said H. and M. their Executors, &c. and either of them, and the Assigns, Servants, Workmen and La­bourers of them, and either of them, from time to time, and at all times hereafter, during the said, &c. to digg, draw, have, take, and carry away such, and so much Iron Mine, Iron wear, and Iron stone, out of all or any of the said lands or grounds of the said F. and E. or either of them, within two miles of the said Furnace, and also out of the said land, ground or soyl of other men, within two miles of the said Fur­nace; And to have places there to lay the said Mine, and reasonable and convenient wayes for the fetching and carrying thereof to the said Furnace, without trouble, let, molestation, or impeachment of the said F. and E. their Heirs, &c. or either of them, or any of the Owners of the said lands, ground, or soyl, or any other person or per­sons whatsoever. And the said F. and E. do, and either of them doth by these presents, for them and either of them, and the Heirs, &c. of them and either of them, [Page 115]Covenant, Covenant, that the Lessee &c. shall have free ingresse, egresse, and regresse, and convernient ways, &c. with Carts for car­rying wood, cole, mine, &c. to be imploy­ed about the making of I­ron in the said Furnace. to and with the said H. and M. their Exe­cutors, &c. and to and with either of them, And to the said H. and M. their Executors, &c. and to either of them, by these presents do grant, that it shall be lawfull for, and that they the said H. and M. their Executors, &c. and either of them, and their Servants and Workmen, and every of them, may and shall, from time to time, and at all times during the said term, have free liberty, in­gresse, egresse, and regresse, and convenient and necessary wayes in, by, over, and through the ground and soyl of the said F. and E. their Heirs and Assigns, and such other grounds wherein wood shall be as aforesaid to them or any of them appoointed, with Carts, Wains, and Carriages, for the carrying of Wood, Coal, Mine, Iron sowes, Earth, Sand, Dust, Cover, Sinder, and other necessary stuff or implements to be occupied or imployed in or about the making of Iron in the said Furnace, Forge, or Iron work, to or from the same, or to be imployed or used in or about the said Iron works, or about the making of coles, or other imploy­ments whatsoever touching the same, Covenant, that the Lessee may make Colliers Lod­ges, & places to make Coles in any conve­nient place, &c. & to make Colliers Lod­ges, and also to dig and make necessary place & places to make coles in any convenient place or places within any the woods, ground or soyl of the said F. and E. or in any other grounds wherein the said F. and E. or either of them, shall assign or appoint them to fell wood as aforesaid, within two miles of the said Iron words, and to cut and take Fern and Cover, and to digg and take as well places for Cole-pits, as also necessary and convenient earth or dust for the covering and healing of their, Covenant to cut Fern and Cover, & to dig earth or dust for cove­ring of the Colepits or o­ther use for the making Coles to be spent in the Iron works. Convenant to digg earth, stone, g [...]te, clay, o [...] any o­ther stuff, for repairing or new making the banks, bays, &c. in places most convenient, & least hurt­full. and either of their Cole-pits, or other uses, which shall be made and used for the making of Coles to be spent and im­ployed in the said Iron works, And earth, stone, grite, clay, or any other stuff, necessary for the repairing, maintaining, amen­ding, or new making (if need shall so require) of all or any of the banks, bays, damms, ponds, sluces, gutters, or other neces­saries of the said ponds, waters, water-courses, and Iron-works, or any of them, from time to time, and at all times during the said continuance as aforesaid, as need shal require, in such place and places of the ground and soyl of the said F. and E. as shall [Page 116]be most meet and convenient for the taking thereof neer unto the said ponds, where the same shall be needfull to be used, and least hurtfull unto the said F. and E. their Heirs and As­signs, or any of them.

And the said H. and M. doe, and either of them doth; by these presents, for them, and either of them, Cove­nant and grant, to and with the said F. and E. their Heirs and Assigns, and every of them, that the said H. and M. their Executors, Convenant, that the Les­sees (if they shall lawfully take & enjoy the 503 Cords of wood, &c.) will pay so much to the Lessors. &c. shall and will, in and upon the Feast of, &c. which shall be, &c. or within, &c. next ensuing (if they the said H. and M. their Executors, &c. or any of them, shall, or lawfully may, by vertue of these presents, in the year next before the end of the said Feast of, &c. which shall be in, &c. have, take and enjoy the said number of 500 Cords of wood before mentioned, by the assignment and appointment of the said F. and E. their Heirs, &c. or either of them, or otherwise without assignment, upon the Lands and Soyl of the said F. and E. or one of them, within two miles of the said Iron-works, according to the purport and true meaning of these presents) well and tru­ly content and pay, or cause to be paid unto the said F. F. or his Assigns (if he shall then be living) or to the said E. his Heirs or Assigns (if he the said F. shall be then dead) at, or in the said Iron Forge, the sum of, amp;c. at one whole and entire payment. And furthermore, that the said H. and M. their Executors, &c. shall and will, from and after the Feast of, The like Co­venant as be­fore upó law­ful enjoyment &c. to pay such a sum, yearly. &c. which shall be, &c. upon the Festival day of the, &c. in every one of the residue of the said years, which shall be then to come, of the said term of, &c. or within, &c. after, in which they the said H. and M. their Executors, &c. or any of them, shall or lawfully may by vertue of these presents, have, take and enjoy the said 500 Cords before mentioned, by the assignment and ap­pointment of the said F and E. their Heirs, &c. or either of them, or otherwise without assignment, upon the Lands and soyl of the said F. and E. their Heirs, &c. or either of them, within two miles of the said Iron works, according unto the purport and true meaning of these presents, well and truly [Page 117]content and pay, Covenant, that the Les­see, in default of payment of the said seve­ral sums, shall feit so much, nomine pane. Covenant to keep the Lessee harm­less from all outrages, spoils &c. of the said Iron, &c. Colepits &c. houses, &c. and breaking up of the Ponds &c. unto the said F. or his Assigns (if he shall be then living) or to the said E. F. his Heirs, &c. (it he the said F. shall be then dead) at or in the Iron Forge, the sum of, &c. at one whole and entire payment, And if and as often as the said H. and M. or their Executors, &c. shall make default in payment of any of the said several payments, in form aforesaid covenanted to be paid, that then the said H. and M. their Executors, &c. covenant, grant, and agree, to forfeit and pay unto the said F. F. (if he shall be then living) or to the said E. his Heirs, &c. (if the said F. shall be then dead) for every such de­fault &c. in the name of a pein, and the said F. and E. doe, and either of them doth by these presents, for them, and ei­ther of them, and for the Heirs &c of them, and either of them, further covenant, promise and grant, to and with the said H. and M. their Executors, &c. and every of them, that they the said F. and E. their Heirs, &c. shall and will, du­ring the continuance of this present Lease, save, defend, and keep harmlesse, the said H. and M. their Heirs, &c. and every of them, of, from, and against all outrage, spoyl, and hurt, hereafter to be done, or done, by any the people in the Country or others, in willfull burning or de­struction of any the said Iron or workforge, or Iron Mill, Cole-pits or Cole heaps, houses, or Cabyns, Convenant, that the Les­sees shall take timber for re­pairing, or making of the furnace &c. or other buil­dings built for the use a­foresaid. which already are, or at any time hereafter during the said term shall be erected, builded or made, in or upon the said premises, or any part thereof, in cutting, pulling, or breaking up of any of the said Ponds or Pond heaps, which are now, or at any time hereafter shall be made for the use of the said furnace, forge, or Hammmer Mill, during the term aforesaid, and the said F. and E. doe, and the Heirs &c. of them, and either of them, doth covenant and grant, to with the said H. and M. their Executors, &c. that it shall and may be lawfull, to and for the said H. and M. their Executors &c. during the continuance of this present Lease, to take upon the lands of the said F. and E. or either of them, or the Heirs &c. of them, or either of them sufficient competent; and necessary tim­ber, for the repayring, making, or amending of the said [Page 118]Furnace, Covenant, that if such persons shall judge the I­ron works worth so much yearly, besides the Rent afore­said, reasona­ble gains al­lowed, and shall set down in writing, that the Les­sees shall pay so much, that then they will pay the said sum besides the Rent. Hammer, Mill, or Iron work, or any other necessa­ry buildings or edifices which shall be erected or built, in or upon the premises, for the necessary use or uses aforesaid, And it is further covenanted, concluded, and agreed, by and be­tween the parties to these presents: And the said H. and M. do and either of them doth, by these presents, for them and either of them, their Executors, &c. Covenant and grant, to and with the said F. and E. their Executors, &c. and every of them, that if R. C. and R. L. of &c. shall within &c. next af­ter the Feast of &c. find cause to judge, or shall think in their Consciences, that the said Iron works shall be worth yearly the sum of &c. and besides the yearly Rent before mentioned with reasonable gains to be allowed to the said H. and M. their Executors, &c. for their travell, and the use of their stock in this behalf, and they the said R. C. and R. L. there­upon do within the said &c. conclude, agree, and set down in writing under their hands and Seals, that the said H. and M. their Executors, &c. shall pay yearly during the residue of the years then to come, the said sum of &c. or any part thereof, that then they the said H. and M. their Excecutors &c. shall and will, from thenceforth yearly satisfie and pay unto the said F. and E. over above, and besides the yearly rent and payment before reserved, the sum of &c. Or so much thereof as the said R. L. and R. C. shall set down in writing under their Hands and Seals as aforesaid. Covenant, that the Les­sors during &c. will not alien the woods to any person, but Lessees, but to leave them for the Iron works; Woods necessary to be im­ployed about the Mansion house of one of the Lessors, excepted. And it is also covenanted, granted, concluded, and agreed, by and between all and eve­ry the said parties, and they the said F. and E. and ei­ther of them, doth, for them, Covenant and grant, to and with the said H. and M. their Executors &c. and every of them, that neither they the said F. and E. nor either of them, nor the Heirs &c. of them, or either of them, shall or will at at any time or times hereafter, during the continu­ance of this present Lease, sell, grant, convey, or alien away any of the woods fit for the making Cord-wood, standing, growing or being within two miles of the said Iron-works, or any of them, to any person or persons, other then to the said H. and M. their Executors, &c But shall leave the same woods to remain, serve. and be imployed, in, upon, or for the use [Page 119]of the said Iron works, woods necessary to be imployed in or upon the new Mansion house of the said F. only excepted. And the said F. and E. doe, and either of them doth, for them and either of them, The usual Covenant that the Les­sors are seised in fee, and have full pow­er to demise the premises. and for the Heirs &c. of them, and either of them, Convenant, promise, and grant, to and with the said H. and M. their and either of their Executors &c. and every of them, that they the said F. and E. are, or one of them is lawfully seised in their demean as of Fee, of all and singular the Lands, Woods, and Wood-grounds called H. C. and of the said streams and parcels of Land and ground where the said Furnace or Forge are situate and being, and also of the said Furnace, Forge, and other buildings thereunto belonging or appertaining, and before by these presents demised. And that they the said F. and E. have, or one of them hath, good right, full power, and lawfull authority, to demise, let, and grant all and singular the premises before mentioned to be de­mised, letten or granted, in manner and form aforesaid.

[Here follows the usual Covenant of quiet and peaceable en­joyment of the things demised, as also the Covenant of dischar­ging or saving harmlesse the same, from all former conveyances, and incumbrances.]

And further, Covenant, that if there shall not be sufficient wood upon the lands of the Lessors, &c. to supply the 500 Cords yearly, that then the Les­sors shall as­sign so much as is wanting in the hands of others: Or else that the Lessees shall retain, of their Rents and payment, two he said F. and E. doe, and either of them doth, by these presents, for them and either of them, and for the Heirs &c. of them, and either of them, covenant and grant, to and with the said H. and M. their Executors, &c. and eve­ry of them, That if it happen the woods of the said F. and E. or of the Heirs and Assigns of them, which do grow upon the Lands or soyl of them the said F. and E. or the Heirs or Assigns of them, or any of them, within two miles of the said Furnace, Fordge, or Iron works, to be spent, so as there shall not be sufficient lest to supply or satisfie the said number of 500 Cords of wood yearly, according to the purport, effect and true meaning of these presents, Or that the said H. and M. their Executors, &c. or any of them, cannot, or may not, law­fully have, take, and enjoy the said 500 cords, so as by reason of the want or lack of such Woods, growing, or to be growing upon the lands or soyl of the said F. and E. or either of them, or the Heirs or Assignes of them, or either of them, the said H. [Page 120]and M. or either of them, or the Executors or Assignes of them, or either of them, shall not have delivered, assig­ned, and appointed, Or may not lawfully have and take the said full sum of 500 Cords of wood yearly, during the said term, within two miles of the said Furnace, Forge, or Iron-work aforesaid, according unto the purport of these presents, That then the said F. E. or one of them, or the Heirs of As­signs of them, or one of them, shall provide, get, assign, appoint, and deliver yearly so much wood as shall be wanting, or not growing, of the said sum of 500 Cords, upon the Land, ground or soyl of some other person or persons, within two miles of the said Furnance &c. aforesaid, where they the said H. and M. their Executors &c. shall and may, lawfully have and take, fell, cut, coal, and carry away the same, or else that it shall and may be lawfully, to and for the said H. and M. their Executors &c. to abate, deduct, recoup, and retain in their hands every year of their rents and payments aforesaid, or of either of them, 2 shillings for every Cord of wood, that they by occasion of means aforesaid shall yearly want of the said 500 Cords of wood, which should or ought to be delive­red or assigned out them as aforesaid. In Witnesse where­of &c.

A Lease of a Vicaridge.

THIS INDENTURE &c. Between I. L. &c. Clark, Vi­car of the Church Parochial of T. of the one part, and I. C. and C. F. of the other part, Witnesseth, that the said I. L. for divers, &c. hath demised &c. unto the said I.C: C.F. all that the Vicaridge Tithes of T. aforesaid, and all manner of Tithes, tenths, pensions, portions, fruits, profits, issues, rents, payments, commodities, advantages, emoluments, and other thing whatsoever to the said Vicaridge belonging, or being, or reputed to be part, parcel, member, or belonging to the said Vicaridge, or any part thereof, and all rents and payments re­served and payable to the said I. L. upon any Lease or Grant [Page 121]of any of the said Tithes heretofore made by the said I. L. (all that the Vicaridge house, An exception of the Vica­ridge house, barn, garden, orchard, glebe­lands, &c. barn, garden, orchard, glebelands, & chancel offerings, oblations, duties for solemnization of mar­riage, Churchings of Women, for christening of children, for burying the dead, within the said Parish, with the appurtenan­ces, unto the said I. L. his Assigns, out of this present De­mise always excepted and fore-prized,) to have, hold, occupie, perceive, and enjoy, the Vicaridge, Tithes, Pensions, and Por­tions, and all other the premises before mentioned to be demi­sed, except such things as been before excepted, unto the said I. C. C. F. &c. and to the survivor or survivors of them, And in default of assignation or grantees of the demised premi­ses by them to be made to the Executors and administrators of the survivor and survivors of them, from the day of the date of these presents, for and during the term of &c. from thence, &c. (if the said I. L. shall continue so long to be Vicar there) Yeel­dirg, A special re­servation of the Rent. &c. to the said I. L. and his Assigns (so long as he is Vi­car there) during the said term, in manner and form follow­ing, that is to say, that for the Tith and tenths of the corn and grain, sown or to be sown, in or upon the Meadow ground within the said Parish, commonly called the Meadown corn, be­ing parcel of the said demised premises, &c. and for the resi­due of the demised premises, &c. (except before excepted) &c. the said two several Rents before reserved to be paid in the Porch of the Parish Church of T. aforesaid, In default of payment of the rent, a no­mine poenae is granted. at the Feasts of &c. by even portions yearly to be paid, And if it shall happen the said several yearly Rents and sums of money before expressed, or any part or parcel thereof, to be behind and unpaid at the place aforesaid, by the space of &c. next after any of the said Feasts in which it ought to be paid, as is aforesaid, that then they the said I. C. C. F. &c. shall for every default in payment, forfeit and pay to the said I. L. and his Assigns, the sum of &c, more of lawfull &c. in the name of a pein, And the said I. C. C. F. &c. and every of them, doe for them, Covenant, (upon enjoy­ment with­out law­full let) that the Less [...]e will not only pay the tent, &c. But also, in respect that the Lessor is a learned man, & sufficient to preach the Word of God, so much year­ly during the term, and in default of payment, so much nomine poenae. their Heirs &c. severally by these presents Covenant and Grant, to and with the said I. L. his Executors, &c. from time to time, during [Page 122]the continuance of the said term (if the said I. L. shall so long continue Vicar of Y. aforesaid.) And that the Lessees, the sur­vivor or survivors of them, or the Executors, Assigns, or Grantees of them, or of the survivors of them, shall, or may lawfully have, perceive, and enjoy all that the said demised premises (except before excepted) without lawfull let of the said I. L. and his Assigns, and of all and every other person and persons, any estate, interest, or thing having or clayming, in­to, or out of the said demised premises, (except before excep­ted) in, by, from, or under the said I. L. according to the pur­port of these presents, not only to content and pay, or cause to be contented and paid unto the said I. L. or his Assigns, the said several yearly Rents or sums before reserved, at the place aforesaid, and at the said Feasts, in manner and form aforesaid, and the sums of, &c. nomine poenae, (if any shall happen to be forfeited and due;) But moreover also, for and in respect that the said I. L. is known to be a learned man, and very sufficient to preach the Word of God, The yearly rent of 20 l. of, &c. at the place aforesaid, at, and upon the Feasts of, &c. by even portions to be paid yearly during the said term. And if the said yearly sum of, &c. or any part thereof, shall happen to be be­hind and unpaid, at the place aforesaid, by the space of, &c. next after any of the said two last recited Feasts, in which it is limi­ted to be paid as aforesaid, then further to forfeit and pay unto the said I. L. and his Assigns, the sum of, &c. more in the name of a pein for non-payment thereof; And whereas the said I. L. hath heretofore agreed severally with the several persons here under named; that is to say, &c. that they shall severally have, retein, and enjoy all their Vicaridge Tithes, belonging, due, or payable to the said Vicaridge, or to the Vicar there, for the Lands, Tenths, and other things in T. a­foresaid, which they held, occupied and enjoyed at the time of the said agreement (except the Tenths and Tithes of Corn and Grain, growing, or to grow in the Meadows of all or any the said persons last before mentioned (except of the said &c.) commonly called the Meadow corn, they severally pay­ing therefore unto the said Lessor at the place and Feasts aforesaid, by even portions, in form following; that is to [Page 123]say, the said, &c. paying thereof, Covenant, that where the Lessor had made compo­sition with certain per­sons, to retain their Tithes, paying so much, that they shall re­tain them, ac­cording to the agreement, without inter­ruption, pay­ing the com­position. &c.) Now the said I.C. C.F. &c. do for them, their Heirs, &c. & every of them doth for him­self, his Heirs, &c: covenant and grant, to and with the said I. L. his Executors, &c. that the said severall persons with whom the said agreements hath bin by the said I.L. as aforesaid made, shall if they so will, without let or interruption of the said I.C. C.F. &c. or of either, or any of them, or of the Executors. &c. of them, or of either, or any of them, have, hold and enjoy the said Vicaridge Tithes for which they have agreed for with the said I. L. according to their agreement, during the continuance of this present demise, without any other payment or charge o­ther than such as they have agreed with the said I. L. to pay as aforesaid, So as the said several persons with whom the said a­greement hath been made, as aforesaid, shall and will yearly, during the said term (if the said I.L. shall so long continue Vi­car there) well and truly pay unto the said I.C.C.F. &c. or to any of thē, or to the Exec. &c. of the survivor or survivors of thē, the said several sums of mony, Rents or payments reserved, or payable by the said agreement, for the Tithes of the said Lands, at the Church porch aforesaid, at the said four several Feasts, viz. &c. Covenant, that the Vicar shall be resi­dent upon his Cure, without being absent above, &c. in any one year. Covenant, that the Les­sees shall peaceably en­joy without interruption, &c. and that saved harmles of all former grants, ex­cept, &c.

And the said I. L. doth for him, his Executors &c. Cove­nant and grant, to and with the said I.C.C.F. &c. and every of them and to and with the executors &c. of them, and every of them, by these presents, in manner and form following, that is to say, that the said I L. during so long as he shall con­tinue, remain, or be Vicar of the said Parish Church, shall be ordinarily resident at, and serving the cure of the said Parish Church and Benefice of T. aforesaid, without being absent frō thence above &c. in any one year; and that the said I.C.C. F. &c. and the survivor or survivors of them, and their Grantees, &c. aforesaid, shall or may for the rent aforesaid, and under the covenants, grants and agreements in these presents contei­ned, lawfully and peaceably have, hold, perceive, and enjoy the said Vicaridge Tithes, and other the premises before by these presents mentioned to be demised, (except before excepted) during the said term, without any lawfull eviction or expul­sion, let or disturbance of the said I. L. or his Assigns, and that [Page 124]saved harmlesse of all grants, leases, and incumbrances, here­tofore made or committed by the said I. L. or his Assignes. The said several grants made and agreed upon by the said I.L. unto the several persons above named, for their Tithes and Tenths aforesaid, whereupon such several Rents or payments as aforesaid be reserved, which shall or ought during the said agreement to be paid, or in any wise payable unto the said I.C. C.F. their Executors, &c. during the said term, only excepted and foreprized.

Covenant, that all actiōs, depending, for or concer­ning any Vi­caridg Tithes, shall at the costs of every Plaintiff be withdrawn, &c. without recovery of costs, &c. Covenant, that wherede­bate & con­troversie now is concerning the manner of tithing, whe­ther it ought to be in kind, or a modus, &c. this In­dent, nor a­ny thing therin shall estoppe either the Vicar or parishioners, but that the one may claim the Tithes in kind, th'other the modus. And it is further concluded and agreed, by and between the parties to these presents, that all such plaints, action, & sutes, as are now depending between the said &c. and all, either, or any of the parties to these presents, or any other of the Parishioners of the Parish to T. aforesaid, for and concerning any matter or cause touching any Vicaridge Tithes belonging, or supposed to belong unto the said Vicaridge or Vicar there, shall at the cost and charges of every several Plaintiff in every such sute, plaint, or action, be withdrawn, discontinued, and non-suted, without recovery or demand of any costs or damages, for, or by reason of any such plaint or sute, or of any Retraxit, non-sute, or discontinuance thereof; And for that certain contro­versies have heretofore risen, and were at the making of these presents depending, between the said I. L and the said pari­shioners of the Parish of T. aforesaid, or some of them, tou­ching the Vicaridge Tithes, and manner of tything thereof, The said I. L. claiming to have the said Tithes, in their kind, according to the Common course of the Ecclesia­stical Laws, and the said Parishioners claiming to be dischar­ged of such manner of Tithing, and to pay only in respect thereof certain several sums of money by antient custome, time out of mind, used in the said Parish as they pretended, which said controversies for that the same have not been deci­ded by course of Law, but only agreement made by mediation of T.P. and I. C. Esquires, and of certain other friends on both parties,

It is therefore by these presents provided, concluded, condescended and agreed, by and between all the parties to these presents, that this Indenture, or any thing therein con­tained, [Page 125]shall not in any wise extend, or be taken to extend to be any determination, dismission or decession, of or concer­ning the right of the said Tithes and Tenths, or the manner of Tithing thereof, nor to make any full conclusion, Estop­pel or determination, between the said Vicar and his Suc­cessors, and the parishioners of the said Parish that now be, or hereafter shall be; but shall only be taken for a personal a­greement between them for quietnesse sake: so that the said Vicar and his Successors, or any of them, after the determi­nation of this present demise, shall be at liberty to claim and sue for the Tithes of the said Vicaridge in their kind, if he or they shall so think good, And that the Parishioners of the said Parish which now or hereafter shall be, and every of them, shall in like manner after the determination of this pre­sent Demise, be at their liberty to defend such sute and claim, and to claim and maintain such customs as they have or claim for their discharge of paying their Vicaridg Tithes in their kind at their pleasure, This Indenture, or any thing in these presents contained, to the contrary notwithstanding. In witnesse whereof, &c.

A Letter of Attorney to make Leases, and to receive Rents, and accompts for the profits of lands, making the Grantee Bayliff and Receiver to the Grantor irrevocable, for certain years.

TO all Persons to whom this present Writing shall come, I. R of, &c. sendeth greeting, Know ye, that I the said, I. R. for divers good causes, &c. have given, granted, and by these presents do give and grant, unto I T. of &c. aforesaid, in the said County of K. full and absolute power and autho­rity irrevocable, for and during the said term of &c. from the day of the date hereof next and immediatly ensuing, for me, and in my name, by writing Indented, or by several wri­tings Indented, or otherwise by paroll, as to him shall seem [Page 126]good, to demile, grant, and to farm let, all and singular my Messuages, Lands, Tenements and Hereditaments whatsoever, with all and singular their appurtenances, set, lying, or being in the several Parishes of &c. or else where soever, within the County of K. or part or parcel of the said premises, as to the said I. T. shall seem meet and convenient, So that the said Lease or Leases do not exceed the number of &c. years, from the time of the date of these presents, And so that the usual and accustomed Rent be yearly reserved, and yearly payable unto me the said I. my Heirs and Assigns, during the said term, And for all other Covenants, Grants, agreements and conditions to be contained in the said several demises, by writings indented or otherwise, as to the said I. T. shall be likewise thought most meet and convenient, And also in my name to seal and deliver as my deed the one part of all and every such writings indented to be made in form before rehearsed, And the one part of the said writing indented, which by the said I. T. in my name shall be in form afore rehearsed made to and for my use, with him to retain and keep, And I the said I. R. my Heirs and Assigns, shall at all times hereafter ratifie, confirm, and allow, all and every Act and Acts, thing and things, which the said I. T. in my name shall do in the premises. And further know ye, that I the said I. K. have made, constituted and appointed, and doe by these presents make, constitute and appoint, for and during the full time and term of &c. years from the day of the date hereof next ensuing fully to be compleat and ended, the said I. T. my Bayliff and Receiver to my use and behoof, of all and singular the Rents, issues, and profits, of all and every my Mes­suages, Lands, and Tenements, with their appurtenances, set, ly­ing and being, in the said Parishes of &c. or else where in the County of R.

And furthermore do by these presents in my stead and place put and constitute the said I T. my true and lawfull Attorney irrevocable, for and during the said time and term of &c. as a­foresaid, for me, and in my name, and to my use behoof, to ask, levy, recover and receive, all and singular the rents of all my lands and hereditaments, with the appurtenances hereto­fore due and owing unto me, and all accompts for the same to [Page 127]take, and also to levy and receive, to my use as aforesaid, all and singular such debts, duties, sum and sums of money, as are or shall be due or owing unto me the said I. R. by any person or persons whatsoever, for or in any sort concerning any my Messuages, Lands and tenements aforesaid, giving and gran­ting by these presents unto my said Attorney, full power and authority, for me, and in my name, and to my only use, to sue, arrest, Grant, that the Bayliff, or receivor, shall retain and keep to his own use of the profits of the lands and sums received, all his char­ges and ex­pences sustai­ned about the premises. Covenant, that the gran­tor will not revoke not make void this grant nor any authority therein given, nor do any thing to hin­der the gran­tee in execu­ting the pre­mises. implead and condemn every of my debtors and accomp­tants aforesaid, and at his liberty such person and persons out of prison to deliver, or cause to be delivered, and upon any receipt of any sum or sums of money to my use to be received of any person or persons as aforesaid, acquittance or other law­full discharges for the same, for me, and in my stead and name, to make, seal and deliver, as my deed or deeds, and I the said I. R. do by these presents, for me, my Heirs, &c. grant and agree, that he the said I. T. shall keep and detain to his own use, of the rents and profits of my lands and tenements, and of such sum and sums of money as he shall receive to or for my use, by vir­tue of this my deed, all and singular such costs, charges, and ex­pences whatsover, which he shall lay out, disburse, sustain, and be put unto, in or about the premises, or in or about the executing of this my power and authority by these presents un­to him given, and I the said I. doe further by these presents co­venant, grant and agree to and with the said I. T. his Execu­tors, ad Assigns, that he the said I. neither shall nor will re­voke, nor make void, this present grant, nor any authority by these presents to him the said I. T. given, neither commit, or do any act or acts, thing or things, whatsoever, whereby he the said I. T. shall be let, or in any fort hindred in the executing of the premises. In witnesse whereof, &c.

A Deed of Retainer of a Chaplain by a Noble man, according to the Statute.

TO all &c. the right honourable E. P. Lord Morley, Baron of Bye, greeting in our Lord God everlasting. Know yee, that I the said Lord Morley my beloved in Christ I. P. Clark [Page 128]Bearer of these presents, for the conversation of his laudable like knowledge of learning, the honesty of godlinesse and man­ners, one of my houshould Chaplains, according to the tenor, force and effect of a certain Statute for Chaplains of great men and noble men in such case provided and established, the day of the date of these presents have received, admitted, and by these presents do receive and admit, exhorting and requi­ring all and singular persons who have interest, or in any man­ner may have interest, that the said I. D. for my Houshold Chaplain and familiar they do respect and repute; And fur­ther the same I. D. contrary to the tenor of these presents, or the Statute aforesaid no manner of way do molest, vex, and di­sturb, or any ways grieve. In testimony whereof, I the aforesaid, &c. my name aforesaid with my propper hand have writ­ten, and to these presents have put my seal of Armes, Dated, &c.

An assignment of two Leases, by an Assignee, made, of several lands by several Persons.

THIS INDENTURE, &c. Between I. S. &c. of the one part, and W. P. &c. of the other part; Whereas the right honourable T. S. Lord B. of &c. by his Indenture of Lease, bearing date, &c. did demise &c. unto one G. F. &c. all those pasture grounds, &c. commonly called and known by the name and names of &c. with all and singular their appurtenances, containing by estimation, &c. (except and always reserved out of the said Lease all woods, &c.) for and during the term of &c. beginning at the feast of &c, as by the same more at large appeareth; And whereas also one T. P. of &c. by his Inden­ture bearing date, &c. did demise &c. unto the said G. F. &c. for and during all the time and term of, &c. in the said Inden­ture specified, all those other low grounds, &c. containing by estimation, &c. as by the said Indenture more &c. all which said pasture grounds, &c. are set, lying, and being, in &c. And whereas also the said G. F. by his Indenture bearing date, &c. [Page 129]did demise, &c. unto the said I. S. as well all those the said pa­sture grounds, &c. commonly called and known by the names of &c. with all and singular their appurtenances, containing in the whole &c. And also all those the said low grounds, cal­led, &c. containing by estimation, &c. whether they were more or lesse, then late in the occupation of the said. I. S. or his As­signs, situate, lying, &c. in &c. (except and always reserved out of the said Lease all Woods, Exception of Woods. &c.) To have &c. as well the said pasture grounds, &c. unto the said I. S. his Executors, &c. from the Feast of &c. unto the full end &c. yeelding, &c. un­to the said G. F. &c. at or in &c. at two usual Feasts &c. that is to say, &c. by even and equal portions, with a clause of distresse and reentry for the non-payment of the said Rent of, &c. by the said Indenture reserved, as in and by the same more fully and plainly doth and may appear; Now this Indenture witnesseth, that the said. I. S. for and in consideration, &c. unto him the said I. S. at the time of the ensealing the &c. well and truly by the above named W. P. contented &c. whereof and wherewith the said I. S. doth acknowledge himself, &c. Hath given, granted, &c. unto the said W. P. &c. as well the last recited Indenture of demise from the above na­med G. F. unto him the said I. S. made, and all other escripts, writings, and Charters whatsoever, concerning the said pre­mises, or any part or parcel thereof, as also all that his right, title, interest, estate, and term of years, of or in the above recited lands, and other the premises, with all and singular their appurtenances, and of and in every part and parcel there­of, And of and in all and singular other the profits, commo­dities, and emoluments whatsoever, to the said Lands belon­ging, or in any wise appertaining, To have &c. unto the said W. P. &c. for and during all such time and term, and for so many years as are yet to come and unexpired, of and in the term aforesaid, and in so large and ample manner, to all intents, constructions, and purposes, as he the said I. S. hath, may, should, or of right ought to have, hold, or enjoy the same, by force and means of the said last tecited Indenture, writing, and conveyance, or by any other way or means whatsoever. [A clause, that the Assignee shall discharge all such rents, du­ties, [Page 130]and payments, The usual co­venants, that the Assignee shall pay all Rents & du­ties, and keep all covenants contained in the first lease, & shall acquit & discharge the Assignor, Covenant, that the pre­mises shall continue dis­charged of all grants, &c. forfeitures, &c made by the Assignor, ex­cept, &c. as by the said last recited Indenture are or shall be due, or payable unto him the said G. F. his Executors, &c. for the said premises, and every part and parcel thereof, and also from the day of the date of these presents, during the whole term, perform and keep all and sin­gular the Covenant, &c. specified and contained in the said recited Indenture, made between the said G. F. on th'on [...] part, and the said. I. S. on th'other part, which are by the said Indenture on the part and behalf of the said I. S. &c. to be performed, and him the said I. S. from time to time, and at all times hereafter, acquit, discharge &c.]

[A clause, where the Assignor covenants to and with the Assignee, that the premises shall continue clearly dis­charged of all grants, charges, interests forfeitures, breach of Covenants, title or titles of entry, for any condition broken, and of and from all other incumbrances whatsoe­ver, &c. made or done by the Assignor, &c. (one Lease of part of the said premises, Covenant, that the Assig­nee shall have the same be­nefit of all co­venants, grants, articles &c. conteined in the first Lease, which the Assignor should have had, &c. called, &c. to end and exp [...] [...] &c. next comming, unto one, &c. only excepted and fore p [...]zed.)

And further, that the said W.P. &c. shall and may, &c. [...] have and enjoy, to his own use and behoof, all and singular such benefit, advantage, profit and commodity, of all, every, [...] any the Covenants, grants, articles and agreements, to contei­ned in the said recited Indenture made between the said G. F. of th'one part, and the said I. S. of th'other part, which the said L. S. &c. should have, may, might, can have, or in any sort during the time aforesaid, Covenant, that the As­signor hath done no act, nor shall do, to barr the Assignee of the benefit of the Covenants, in the first Lease. shall or may be intitled unto, is as large and ample manner and form [...] he the said I. S. &c. shall, can, or may have the same [A clause, that the said I. S. hath not done, nor shall do or commit any act, whereby the said W. P. shall be barred to take any benefit of all the Cove­ [...], in the said last recited Indenture.] In witnesse where­of, &c.

On special Covenant, which was in an ordinary Lease conteined.

ANd the said I. R. (which was the Lessor) doth by these presents, for him, his Heirs, &c. Covenant and grant, to and with the said I. T. his Executors, Covenant, that the Les­sor shall dis­charge as well the premises, as the Lessee, from one ren [...] bequeathed out of the Land by the Father of the Lessor, as also from the rents due to the chief Lords, &c. &c. that he the said I. R. his Heirs, &c. shall and will, from time to time, during the said term of, &c. acquit, discharge, and save harmlesse, as well the said premises, as the said I. T. his Executors, &c. of and from one yearly re [...]e given and Bequeathed by A. R. Father of the said I. R. by [...] last Will; unto one I. L. limited to be issuing forth of the said premises, and also of and from the cheif rent and rents, from time to time, during the said term, unto the cheif Lord and Lords of the Fee and Fees, for the said premises, and of and from all other charges and rents (the rent by these presents reserved excepted) issuing and going forth of the same, &c.

An Indenture to lead the use of a Fe­offment, or other assurance, in nature of a Will.

THIS INDENTURE &c. Between E. G. &c. of the one part, and W. I. Minister of B. aforesaid, R. S. &c. and P. H. of the other part, Witnesseth, that as well for and in consi­deration of the good and perfect disposing, establishing, and setling of all and singular the Messuages, &c. and other Here­ditaments of the said E.G. hereafter particularly mentioned and expressed, to such uses, intents, and purposes, as hereafter in these presents is limited and appointed, as also for and in consi­deration that the Debs, Legacies and Bequeaths of him the said E.G. in his last Will specified and contained, may be sufficient­ly discharged and fulfilled, and also that the good and charita­ble uses by these presents hereafter limited and appointed, may be fully established and confirmed, and for divers other good [Page 132]and sufficient causes, and considerations, him the said E. G. thereunto especially moving. It is covenanted, concluded and agreed, by and between the said parties to these presents, and every of them, doth Covenant, grant, conclude, and agree, to and with the other of them, their Heirs &c. and every of them, in manner and form following, that is to say, first, he the said E. G. doth by these presents, for him, his Heirs &c. and every of them. Covenant, grant, conclude, and agree, to and with the said W. I. R. S. P. M. and P. H. and every of them, their Heirs &c. that he the said E. G. before the Feast of &c. next &c. by his sufficient Deed of Feoffment in the law, shall and will well and sufficiently convey, Covenant to make a feoff­ment to the u­ses-following. and assure, or cause to be conveyed and assured, unto them the said W. I. R. S. P. M. and P. H. their Heirs and Assigns, all and singular the Messua­ges &c. and all and every other the Hereditaments, with all and singular their appurtenances whatsoever of the said E. G. situ­ate, lying and being, in the Parishes of &c. or elsewhere with­in the said County, hereafter in these presents particularly men­tioned and set down, except, and always out of these presents foreprized, all and singular such the Messuages &c. whatsoever, with their appurtenances, as are specified, contained, or to him the said E. G. given and bequeathed, by the last Will and Testa­ment of I. G. bearing date &c. (as by the same doth appear) which said Feoffment and other conveyance and assurance of the premises before mentioned to be made, and every of them, shall inure, and shall be deemed, adjudged, esteemed and ta­ken to be and inure, And also the said W. I. R. S. P. M. P. H. and either of them, and the survivor of them, and either of them, their Heirs and Assigns, and all and every person and persons seised of the said premises, and all and every part and parcel [...]hereof, shall stand and be seised of the same, and every, part thereof, to the uses, intents and purposes, hereafter in these presents expressed, limited and appointed, and to none other use, intent or purpose whatsoever, that is to say, of and in all and singular the Messuages, &c. what soever, with their appurtenances, set, lying, and being, in the Parishes of, &c. on elsewhere within the County of K. in these presents mentioned (except before excepted) to the use and behoof of the said E. G. [Page 133]for and during the term of his natural life, without impreach­ment of any manner of wast, and after the decease of the said E. G. of and in all that principal Mansion house or Messuage, with the appurtenances, now in the tenure and occcupation of, &c. or his Assignee or Assignees, with all the Barns, Stables, &c. and other the appurtenances whatsoever, And together with all and singular the lands &c. and all other the hereditaments, ways, ealements, and commodities whatsoever, to the said Messuage or Tenement belonging, or in any wise appertaining, or together with the same at this present by the said &c. used, occupied, or enjoyed (the Lands commonly called the B. only excepted) conteining in the whole by estimation, &c. whether more or [...]esse, situate, &c. in the Parishes &c. And furthermore, of and in all the Messuage or Tenement with the Barns, &c. and all other the easements, together with all the Lands, &c. to the same belonging, or in any wise appertaining, or together with the same had, held, used, occupied or enjoyed, Limitations of uses towards the payment of Debts and Legacies, and satis'ying Ex­ecutors for all their charges which they have not al­lowed by the Will. and now in the tenure or occupation of &c. or of his Assignee or Assig­nees, containing in the whole by estimation &c. whether more or lesse thereof there be had, situate &c. To the use and be­hoof of A. G, Wife of the said E. for and during the term of her natural life, and after her decease, to the use and behoof of S. H. of &c. his Executors and Assigs, for and towards the payment of the debts of the said E. G. and satisfying of his Le­gacies in his last Will and Testament specified and contained and for the discharge of such charges as the said Executors have or shall sustain, and be put unto, in or about the same, and in or about the last Will and Testament of I. G. deceased; for, during, and until the debts and bargains of the said E. G. be fully paid and discharged, and also until the said Executors, their Exec. or Assignes, shall have had, levyed and received, all and every such charges and expences whatsoever, as they or a­ny of them shall have layed out, disbursed, or be put unto, in or about the last Will and Testament of the said E. G, deceased, which the said Executors shall not by the last will of the said E. be allowed, and afterward to the use and behoof G. H. his Heirs and Assigns for ever, Provided always, A Proviso or power of [...]vocation the old uses by Deed, &c. and power by the same deed to limit new uses. and it is fully condescended, concluded and agreed upon, by and between the [Page 134]parties of these presents, and either of them, their Heirs, Execu­tors and Assigns, and every of them, that if it fortune E. G. of &c. Son of I. G. &c. aforesaid deceased, to reform, himself, and also during the natural: life of the said E. G. to have issue male of his body lawfully begotten, that then it shall and may be lawfull to and for the said E. G. by his sufficient Deed in writing under his hand and seal, and delivered in the pre­sence of two sufficient Witnesses at the least, to change, alter, and revoke, in the whole or in pats, the use and uses before by these presents unto the said G. H. and his Heirs and Assigns, limited and appointed, of all the said recited premises, or of part, or of so much there of as he the said E. G. shall think good, and by the same his sufficient Deed in writing as afore­said, to limit and appoint any new use or uses of the said pre­mises, or any part or parcel thereof, to the said Issue male of the body of the said F. G. lawfully begotten, for life, in [...]ay [...] or in see, or for any other astate, as he the said E.G. shall think convenient, and that from and immediatly after such limita­tion and appointment of such new use and uses as aforesaid, they the said W. I. R. S. P. M. P. H. and the Survivor of them, their Heirs and Assigns, shall stand and be seized of the said premises, as aforesaid, and the Feoffment or other assurance to be made as aforesaid, shall be, and is by these presents meant, and intended to be, to such new use and uses, intents and purposes, as by the same Deed in form aforesaid, shall be limi­ted and appointed, and after the decease of the said E. G. as a­foresaid, then of and in all those &c. commonly called and known by the name of B. land, or by whatsoever name or names the same is called or known, conteining by estimation, &c. whe­ther the more or lesse, now in the tenure or occupation of S. H. or of his Assignee or Assignees, situate, lying and being in B. aforesaid, and also of and in 5 pieces and parcels of Land, &c. commonly called and known by the name of K. land, or by whatsoever name or names the same is called or known, Limitations of uses to the Feoffees upon trust and con­fidence that they, upo the erection of a School, shall convey the lands over to­wards the maintenance of a School­master, &c. the School to be incorpora­ted by such a name, & to be gover fied by such orders as they shall ap­point. containing by estimation, &c. whether more or lesse, together lying in the said parishes of B. and R. and which was late in the tenure and occupation of &c. and now is in the tenure and occupation of I. M. or of his assignee or assignees, To the use of [Page 135]them the said W. S. R. S. P. M. & P. H. and the survivor of them, their Heirs and Assigns, to the end, intent and purpose, and upo [...] special trust and confidence that they the said, &c. or the survivor or survivors of them, their Heirs and Assigns, shall and doe immediatly after, and upon the erection of a Free-School to be erected and set up within the Parish of B. a­foresaid, by their good and sufficient conveyance, and assu­rance in the Law, convey and assure the said premises for and rewards else maintenance of a School master to reach in the said School, and his successors for ever; The said Free School to be incorporated by the name of the Free School of E.G. at B. and to be ruled and governed by one or more heads and gover­nours, and by such orders, laws and decrees, as shall by them the said &c. o [...] the survivor or survivors of them, be set down, and though most meet and conveniene; And if the School shall not be erected during the life of the Fe­offor, nor within two years after his decease, or if the land shall not be con­veyed to the maintenace of a School­master, &c. then to the use, &c. and if there be not a School erected and set up within the said Parish of B. during the life of the said E. G. not within two years next after his Decease, Or that the said premises be not by the [...] the said, &c. or the survivor of them, their Heirs or Assigns, convened o [...] assured unto the maintenance of a School master, und his Suc­cessors to teach in the said School as aforesaid, then the said last-recited premises to be to the use and behoof of E. S. Son of the said R. S. his Heirs and Assigns for ever, and af­ter the decease of the said E. S. as aforesaid, then of and in our Messuage or Tenement &c. and all other appurtenances, together with, &c. conteining by estimation, &c. whether more or lesse, to the said Messuage or Tenement belonging, and appertaining, situate and lying in B aforesaid, and now in the tenure and occupation of I. M. or of his Assignee or Assig­nees, to the use and behoof of the Executors of C. aforesaid. Gent. his Executors and Assigns, for and toward the payment of the Debts of the said E. G. and satisfying his Legacies in his last Will and Testament specified and conteined, Limitation of uses to the Executor as aforesaid. and for to discharge such charges as the said Executors hath or shall su­stein, or be put unto, in or about the same, and in or about the last Will and Testament of I. G. deceased, for during, and untill the Debts and Legacies of the said E. G. be fully paid & discharged, and also until he the said Executor, his [Page 136]Executors, and Assigns, shall have had, levyed and received, all and every such charges and expences whatsoever, as he shall have layed out, disbursed, or be put unto, in or about the last Will and Testament of the said E. G. and in or about the last Will and Testament of I. G. deceased, which he the said Execu­tor shall not by the last Will of the said I. be allowed, and af­terward to the use of G. H. Son of the said Executor, his Heirs and Assignes for ever, Proviso, that the cestuy que use, shall pay so much year­ly to the Vi­car and Churchwar­dens of cer­tain Parishes, for the relief of the poor and impo [...]ent in the said Parishes, and that they shall distrubute it at such a time. and after the decease of the laid E. G. as aforesaid, then of and in all that Tenement or Lodge, to­gether with &c. of land, with the appurtenances, containing in the whole by estimation &c. whether more or lesse, to the said Tenement or Lodge belonging, or appertaining, The which the said E. G. had and purchased, to him, and his Heirs, of one I. G. of S. aforesaid deceased, and is now in the tenure and oc­cupation of I. A. or his Assignee or Assignees, & are situate, and being in R. aforesaid, to the use and behoof of F. G. Son of I. S. late of R. aforesaid deceased, his Heirs and Assignes, for ever, Provided always, that he the said F. G. his Heirs and As­signs shall and do yearly after the decease of the said E. G. at, or upon the Feast of &c. for and toward the relief, mainte­nance, and sustenance of the poor aged and impotent people within the Parishes of B. and R. aforesaid, content and pay, or cause to be contented and paid, unto the Vicar and Church­wardens of the said Parish of B. or unto any of them for the time being, and unto their successors for ever, at or in the Pa­rish Church of B. aforesaid, the sum of &c. of &c. And unto the Vicar and Churchwardens of the Parish of R. aforesaid, for the time being, or unto any of them, and unto their successors for ever, at or in the Parish Church of R. aforesaid, the sum of &c. of &c. The first payment of the said several sums to begin at and upon the next Feast of &c. which shall first happen after the decease of the said E.G. to the end intent the Vicar and Churchwardens of the said several Parishes, shall yearly at and upon the feast of &c. or at and upon the Lords day then next and immediatly following the same, distribute, or cause to be distributed, the said several sums, unto the poor and impotent people inhabiting within the said several Parishes; And if the said F. G. his Heirs and Assigns, doe not content and pay, o [Page 137]cause to be contented and paid, And if the cestuy que use, shall fail of payment, that then the cestuy que use, &c. shall for­feit so much nomine poenae. the said several sums of &c. according to the true intent and meaning of the last proviso in these presents contained, then he the said F. G. his Heir and Assigns, shall forfeit unto the Vicar and Churchwardens of every of the said Parishes of B. and R. and their successors for the time being, severally where any such default shall happen to be, the several sums of &c. nomine poenae, for every such default, and so often as the same shall happen, and shall not incur any other penalty or forfeiture, by implyed condition, limitation, Covenant, that in the default of pay­ment of the said sums, the cestuy que use shall stand sei­sed to the use of the Vicar and Church­wardens until that they have levyed the sums with the nomine poe [...]ae. or any other thing in these presents contained; And it is co­venanted, granted, condescended, and agreed, by and be­tween the said parties to these presents, and every of them, their and every of their Heirs and Assigns, and the true intent, and meaning of all and every Feoffment, and other coveyance of the last recited premises made, shall be deemed, and estee­med, and taken to be, That the said W. I. R. S. P. M. and P. H. and the survivor of them, their Heirs and Assigns, shall upon default of payment by the said F. G. his Heirs, or As­signs, of the said several sums of &c. contrary to the purport, intent, and true meaning of the Proviso before by these pre­sents specified, by the which the sev [...] [...]ams are appoin­ted and limited to be paid, stand, and [...]seised of the said last recited premises unto the use and behoof of the said Vi­car and Churchwardens of every of the said Parishes of B. and R. for the time being, until that they for the several de­faults unto every of them made, shall have severally had, le­vyed, and received, as well the said several sums of &c. be­fore by these presents appointed to them to be paid, with all and every their Arrearages thereof; As also the said seve­ral penalties of &c. nomine poenae, for every default by the said F. G. his Heirs and Assigns made; And lastly, after the decease of the said E. G. aforesaid, then of and in all that barn and land, with the appurtenances, commonly called and known by the name of F. and M. or by whatsoever other name the same is called and known, containing by estima­tion, &c. more or lesse, in the tenure and occupation of one G. G. or of his Assignee, or Assignees, lying, and being in the Parish of R. aforesaid.

[Page 138] And also of and in that one messuage or tenement, with the appurtenances, commonly called or known by the name of G. or by whatsoever other name or names the same is called or known by, together with 20 acres of land, meadow, pasture, and wood, whether more or lesse, to the said messuage or tene­ment belonging, and to the same had, occupied, and enjoyed, now in the tenure and occupation of S. G. or of his Assignee or Assignees, situate, lying and being in B. aforesaid, to the use and behoof of E. H. of C. aforesaid Gent. his Executors and Assigns, for and towards the payment of the Debts of the said E. G. and satisfying of his Legacies in his last Will and Testa­ment specified and conteined, and for discharge of such charges as the said Executor hath or shall sustein, or be put unto, in or about the same, Limitation of uses to one & his Executors, as aforesaid, to wards the pa­ment of Debts &c, as afore­said. and in or about the last Will and Te­stament of E. G deceased, for, during, and until the Debts and Legacies of the said E. G. be fully paid and disharged, and also untill he the said Excecutor, his Excecutors and Assigns, shall have had, levied, and received, all and every such discharges and expences whatsoever, as he shall have laid out, disbursed, or be put unto, in [...] about the last Will and Testament of the said E. F. and in o [...] [...] the last Will and Testament of the said I. G. deceased, which [...] said Executors shall not by the last Will and Testament of the said I. be allowed, and afterward to the use and behoof of I. G. Son of I. G. of R. aforesaid, his Hei [...] and Assigns for ever. A Proviso, or power of Re­vocation up­on tender of, &c. Provided alwayes, and it is covenanted, condescended, concluded, and agreed upon by and berwees the parties to the these presents, and every of them, their Heirs and Assigns, and every of them, That if it fortune the above-na­med E. G. to have any issue of his body lawfully begotten, that then upon the payment and tender of, &c. of, &c. unto then the said W.I. R.S. P.M. and P. H. or unto any of them, their Heirs and Assigns, or any of them, at or in the South porch of the Parish Church of [...]. aforesaid, this present. Inden­ture, and all clauses, agreements, limitations of use and uses, and all and every other article whatsoever in the same conteined, and all Feoffments, and other conveyances and assurances is performance of these presents made or execured (the limita­tion of the use and uses of the said Land called and known by [Page 139]the name of B. land, and also the limitation of the use and u­ses of the said Land called K. and all the clauses, articles, and agreements in these presents conteined, for and in any fort con­cerning the said Land, always excepted and foreprized,) shall be utterly void, determined, and to none other effect or purpose, and that then, and immediatly after, all the said Messuages, Lands, Tenements, Hereditaments, and all other the premises whatsoever in these presents mentioned, with all every o­ther the appurtenances, shall be, and remain unto the said E.G. his Heirs and Assigns for ever, in such manner and form as though these present Indentures and all other conveyances and assurances upon the same executed, had never been had, nor made. In witness whereof, &c.

An Indenture of Covenants upon a Marriage.

THIS INDENTURE Tripartite, &c. Between W. P. of, &c. of th'one part, I. B. of, &c. on the second part, and I. H. of, &c. and I. S. of, &c. on the third part, Witnesseth, That whereas there is a Marriage by the grace of God in short time to be had and solemnized between the said I. B. party to these presents on the one part, and E. P. Daughter of the above­named W. P. on th'other part, It is therefore covenanted, gran­ted, condescended, concluded and agreed upon, by and be­tween the said parties to these presents, and every of them, in manner and form following; that is to say, First the said I. B. doth for himself, his Heirs, Executors, & Administrators, Co­venant, promise, grant and agree, to and with the said W. P. his Executors and Administrators, that he the said I. B. shall and will, before the, &c. next and immediatly ensuing the date of these presents, espouse and take to Wife the said E. P. Daughter of the said W. P. if she the said E. will thereunto as­sent, consent and agree, and the Laws of God and holy Church will it permit & suffer. And the said W.P. as well for and in con­sideration of the said Marriage so to be had and solemnized be­tween [Page 140]the said I. B. and the said E. P. as aforesaid, as also for the better establishing and settling of the Lands and Tenements hereafter mentioned, to such uses, and to such persons, as here­after they are limited and appointed, and for divers other good and sufficient causes &c. doth for himself, his Heirs &c. Co­venant and grant, Covenant by the Father of the Wife, in consideration of the Marri­age &c. to in­feoff, &c. cer­tain persons to certain uses here expres­sed. to with the said I. B. I. H. and I. S. their Ex­ecutors, and Administrators, that he the said W. P. his Heirs and Assigns, shall and will, before the &c. next and immedi­atly ensuing the date of these presents, well and sufficiently by Eeoffment, or other good and sufficient conveyance and assu­rance in the law, assure and convey, or cause to be assured and conveyed, unto them the said I. H. and I. S. their Heirs and Assigns, all and singular those his Messuages, &c. and the reversion and reversions, remainder and remainders there­of, and all other his hereditaments whatsoever, together with their appurtenances, at this present demise, and let unto I. B. and R. N. and now in the tenure and occupation of them &c. called and known by the name of, &c. containing in all by estimation, &c. set, lying, and being, in the Pa­rishes of &c. in the said County of K. upon the demean of B. and the said premises do bound and butt in manner and form following, that is to say &c. And the said Land called B. in the occupation of R. N. bound and butt, &c. as the meets and bounds thereof doe every one divide and shew, which the said Feoffment, and other conveyance and assurance of the premises before mentioned to be made, and every of them, shall be, and inure, and shall be deemed, ad­judged, esteemed and taken, to be and inure, And the said I. H. and I. S. and either of them, and the survivor of them and either of them, their Heirs, and Assigns, and all and every person and persons seised of the said premises, and all and e­very part and parcel thereof, with the appurtenances, shall stand and be seised of the same, and every part thereof, to the u­ses, intents, and purposes, hereafter in these other use, in­tent, or purpose whatsoever, that is to say, to the use and behoof of the said E. P. for and during the term of the na­tural life of the said E. And after the decease of the said [Page 141] E. P. to the use and behoof of the Heirs Males of the body of the said E. P. by the said I. B. lawfully begotten. And for default of such issue, to the use of the Heirs Females of the body of the said E. P. by the said I. B. lawfully begotten, And for default of such issue, to the Heirs Females of the said E. P. on her body lawfully begotten, and for default of such issue, then to the use of the said W. P. his Heirs, and Assigns, for ever. Provided always, and it is fully con­cluded and agreed upon, by and between the parties to these presents, and every of them, their Heirs, Executors, Proviso, that the c [...]stuy que uses shall pay such a rent yearly to the Father during his life, and in default of payment so much nomine poenae. and Assigns, and every of them, that as well the said I. B. and E. P. during the natural life of the said E. as also the Heirs Males and Females of the body of the said E. by the said I. B. or any other lawfully begotten, and every other person and persons to whom the said premises by these presents are li­mitted and appointed, shall yearly content and pay, or cause to be well and truly contented and paid, at or in the South­porch of the Parish Church, of &c. aforesaid, unto the above named W. P. and his Assigns, for and during the term of the natural life of the said W. P. one annual rent or sum of &c. of &c. the said annual rent or sum of &c. to be year­ly by even and equal portions paid at or upon the two most usual and accustomed feasts or days of payment in the year, that is to say, &c. or within &c. and the first payment to be­gin &c. and if the said I. B. and E. P. during the life of the said E or of any of the Heirs Males or Females of the body of the said E. by the said I. B. or any other to be begotten, and eve­ry other Person and Persons to whom the said premises by these presents are limited and appointed, do not content and pay, or cause to be paid, the said annual rent or sum of &c. unto him the said W. P. and his Assigns, during the term of his natural life as aforesaid, according to the true intent and meaning of the proviso in these presents before mentioned, that then the said I. B. and E. during the life of the said E. and the Heirs of the Body of the said E. by the said I. B. begotten, shall forfeit, and every other person so making default, unto the said W. P. and his Assigns, during the natural life of the said W. shall forfeit the sum of &c. nomine poenae, for every [Page 142]default, Covenant, that in default of payment of the rent, that the Feoffees shall stand sei­sed to the use of the Feoffor, until that he hath levied the rent, & penalty forfei­ted. and so often as the same shall happen; And it is Cove­nanted, granted, condescended and agreed, by and between the said parties to these presents, and every of them, their, and every of their Heirs and Assigns, and the true intent and mea­ning of all and every Feoffment, and other conveyance and assurance of the said premises made, shall be deemed, & estee­med, and taken to be, that the said I. H. and I. S. and the survivor of them, their Heirs and Assigns, shall upon such de­fault in payment of the said annual Rent, or sum of, &c. con­trary to the purport, intent, and true meaning of the Proviso before by these presents specified, by the which the same is appointed and limited to be paid, stand and be seized of the said recited premises, with their appurtenances, and every part and parcell thereof, unto the use and behoof of him the said W. P. his Heirs and Assigns, for, during, and until he the said W. and his Assigns shall have had, levied, and recei­ved, as well the said annual rent of, &c. before by these pre­sents appointed to him to be paid, with all and every the ar­rerages thereof, as also the said penalty of, &c. nomine poenae, for every such default as aforesaid to be made; Provided al­wayes, and it is concluded, Proviso, that if the Wife die without issue of her body, to whom the uses were limited, living her Husband, that then her Fa­ther shal grant such a rent to the Husband for his life, & in default of payment, that he shall forfeit so much, no­mine poenae. &c. by and between the parties to these presents, and every of them, that if it fortune the said E. P. during the life of the said I. B. to depart this mortal life, without issue of her body lawfully begotten, that then the said W. P. his Heirs and Assigns, shall yearly content and pay, or cause to be well and truly contented and paid, at or in the South porch of the Parish Church of H. aforesaid, unto the abovenamed I. B. and his Assigns, one annual rent of sum of, &c. to be yearly by even and equal portions paid, at or upon the two most usuall and accustomed Feasts or dayes of payment in the year; that is to say, &c. or within, &c. next after, &c. and the first payment thereof to begin, &c: which shall next and immediately ensue after the Decease of the said E. without any issue of her body lawfully begot­ten as aforesaid; And if the said W. do not content and pay, or cause to be contented and paid, the said annual Rent or sum of, &c. unto him the said I. B. and his Assigns, during the term of his natural life as aforesaid, according to the true in­tent [Page 143]and meaning of the Proviso in these presents last before mentioned, that then the said W. P. his Heirs and Assigns, af­ter the decease of the said E. without issue of her body lawful­ly begotten as aforesaid, shall forfeit unto him the said I. B. and his Assigns, during the natural life of the said I. the sum of, &c. nomine poenae, for every default and so often as the same shall happen; And it is covenanted, granted, condescended & agreed, by and between the said parties to these presents, and every of them, their and every of their Heirs and Assigns, and the true intent and meaning of all and every Feoffment, and o­ther conveyance and assurance of the last recited premises made, shall be deemed, esteemed, & taken to be, That the said I. H. and I. S. and the survivor of them, their Heirs and Assigns, shall up­on such default of payment of the said annual rent or sum of, Covenant, that in default of payment of the Rent, that the Feoffees shall stand seized to the use of the Husband, un­til that he hath levied the rent & pe­nalty forfei­ted. &c. according to the purport, intent, and true meaning of the Proviso before by these presents specified, by the which the same is appointed and limited to be paid, stand and be sei­sed of the said recited premises, with their appurtenances, and every part and parcel thereof, unto the use and behoof of him the said I. R. his Heirs and Assigns, during, and until the said I. his Heirs and Assigns, have had, levied, and received, as well the said annual rent or sum, &c. afore by these presents appoin­ted to him to be paid, with all and every the arrerages thereof, as also the said penalty of, &c. nomine poenae, for every such de­fault as aforesaid to be made; Provided furthermore, and it is fully condescended, &c. upon, Proviso, that if the wife die, having issue male or fe­male, being under the age of, &c. that the Husband shal take the pro­fits of the land, towards the education of such Child, til he or she come to the age of, &c. by and between every of the said parties to these presents, their Heirs and Assigns, that if it hap­pen the said E. P. after the said Marriage between her and the said I. B. had and solemnized, to depart this mortal life having Heir of her body Male or Female by the said I. B. lawfully be­gotten, and that the said Heir, being a Man-child, fortune to be at the time of such decease of the said E. under the age of, &c. Or being a Daughter, to be under the age of, &c. that then it shall and may be lawfull, to and for the said I. B. for and to­wards the education and bringing up of such Child and Heir, to take, levy, and receive all and singular the rents, issues, and profits of the said premises, and every part and parcel thereof, with th'appurtenances, for, during, & untill such Heir, being a [Page 144]Male child shall accomplish the full age of &c. and if the said Heir be a Daughter, then for, during, and until she shall accom­plish her full age of &c. and that then and from thenceforth the true intent and meaning of all & every Feoffment, Covenant, that the Feof­fees shall stand seised to the use of the Hus­band during such time as aforesaid. & other conveyance and assurance of the premises to be made, shall be esteemed, adjudged, and taken to be, That the said I. B. and I. S. and the survivor of them, their Heirs and Assigns, shall stand and be seised of the said premises to the use and behoof of the said I. B. during such time, and in such manner and form, as is before by the said last proviso limited and appoin­ted, any thing before specified to the contrary notwithstan­ding, In witnesse whereof, &c.

Note, that he which sueth a Replevin, must, before, it be made enter into Bond of a reasonable &c. with two sureties, con­ditioned as followeth.

Noverint universi per &c. Teneri, &c. T. K. vicecomit. Com K. &c.

THe Condition &c. That whereas the above name T. K. Sheriff of the said County of K. by vertue of his Office, and upon the complaint of the above bounden R. T. hath deli­vered and replevied unto the said R. T. two Oxen which one I. S. late took, and wrongfully with-held, as the said R. T. saith, If therefore the said R. T. doe pursue his said action of Replegiare against the said I. S. for the taking and with-hol­ding of the said two Oxen, with effect, and make return a­gain of the said Cattell, if the return of them be so adjudged by the Law, And the said Sheriff, his Heirs and Executors, ac­quit and discharge, or sufficiently save harmlesse, against the Commonwealth, and the said I. S. of and for every thing con­cerning the premises, That then, &c.

A Grant of an Annuity out of Land, with a Proviso not to charge the Person:

TO all, &c. Know yee, that I, &c. for diverse, &c. have gi­ven &c. to T. P. and T. P. of &c. one annuity or yearly rent, &c. issuing and yearly to be taken out of one messuage, &c. containing in the whole by estimation, &c. more or lesse, &c. situate, &c. in the Parish of H. aforesaid, and now in the hands or possession of me the aforesaid I. during the minority of T. C. Son of the said I. C. deceased, to have, hold, The grant, is during the minority of one, for and toward the e­ducation of of him, and his Sister. and en­joy, and take the aforesaid annuity, &c. out of the aforesaid Messuage, and other the Premises whatsoever, with all and singular the appurtenances to the aforesaid T. P. and T. P. their Executors and Assigns, until and so long as the said T. C. natural Son of the said I. C. deceased shall come and attain to the age, &c. to and cowards the good education and sustenance in all necessaries as well of the aforesaid T. C. as of one M. C. Sister of the aforesaid T. to be paid yearly at four usual terms of the year, viz. at the Feast &c. by equall portions, the first payment thereof to begin at the Feast, &c. and not before, In default of payment by such a time, power to di­strain. Proviso not to charge the person of the Grantor. And if it happen the said annuity or yearly Rent &c. or any part or parcel thereof at any time to be behind or unpaid by the space of &c. after any Feast of the aforesaid Feasts, in which as aforesaid the same ought to be paid, That then and to often it shall and may be lawfull for the said T. P. and T. P. and their Executors &c. unto the aforesaid Messuage, &c. and other the premises whatsoever, with all and singular their appurtenances, to enter and distrain, and the said distresses so then and there taken and had, it shall be lawfull to lead and drive away, and with them to retain until the aforesaid T. P. and T. P. and their Executors, the aforesaid annuity or yearly Rent, with all the arrerages thereof (if any shall be) be fully satisfied and contented, Provided always that neither these present writing, nor any thing therein contained, doe no manner of ways ex­tend to charge the person of me the said I. by Writ or Action of annuity, but only shall be effectual and of value to charge [Page 146]the same Messuage, Proviso, that if the Brother and Siser, or either of them dye, during the monority of the brother, that the grant shall be void. &c. and other the premises before specified with the aforesaid yearly rent, and not otherwise: And provi­ded also, that if it happen the aforesaid T.C. the Son, and the aforesaid M.C. the Sister of the aforesaid T. or either of them, at any time before the said T. do accomplish, and come to his full age as aforesaid of one and twenty years to die, and depart this life, that then from the time of such death, or decease of the afore-named T. or M. as well this present Writing, as all in the same conteined, shall be a ltogether void, and of none effect; And that then, and from the time of such death, or decease of the aforesaid T. or M. this present annuity or yearly rent shall be utterly void and determined, any thing before speci­fied to the contrary in any wise notwithstanding. Of which said annuity or yearly rent, the aforesaid I. have put the afore­said T.P. and T.P. into full possession and seisin, Seison given of the Rent. by giving to them four pence. In witness, &c.

¶ A General Release made by two.

BE it known, &c. That we R.S. and I.W. of, &c. for di­vers, &c. have remised, released, and quite clained, and do by these presents, for us, our Heirs, Executors, Administrators and Assigns, remise, release, and quite claim unto E. M. of, &c. his Heirs, Executors, Administrators and Assigns, all and all manner of Bills, Bonds, Obligations, Debts, Duties, Arbitre­ments and Deeds whatsoever, and all manner of Actions and Sutes, which we the said R.S. and I.W. solely in our own names, or joyntly with any others whosoever, now at this present have depending, or may or can have, or by any way or means either solely for our-selves, and to our own use, or joyntly with any other, are intituled unto, against the said E. M. as Executors or Admin. in or upon any Bill, Bond, or other specialty, by him the said E. M., unto us the said R. S. and I. W. or either of us solely or joyntly with any other person or persons whatsoever, [...]t any time heretofore for any cause whatsoever made, and also all other controversies and debates whatsoever, which we the [Page 147]said R. S. and I. W. our Executors, Administrators or Assigns, have, may, might, or can have against him the said E. M. his Executors or Assigns, for any cause or matter whatsoever, from the beginning of the world untill the day of the date of these presents. In Witness whereof, &c.

A Deed of Feoffment of uses contei­ned in certain Indentures.

TO all, &c. Know ye me the aforesaid E.G. as well to fulfill and perform certain covenants, grants and agreements spe­cified & declared in certain Indentures of the date of these pre­sents, between me the aforesaid E.G. on the one part, and of W.I. Rector of the Parish Church of B.R.S. or, &c. the afore­said P.M. of R. and P.H. of B. in the County aforesaid Yeo­man, on the other part made, as for divers other good Causes and considerations me to this especially moving have given granted, delivered, infeoffed, and by this my present Writing confirmed unto the aforesaid W. I. R. S. P. M. and P. H. their Heirs and Assigns, seven pieces or parcels, &c. with their ap­purtenances, situate, lying, &c. and commonly called or known, by the name, &c. conteining, in the whole by estimation, &c. whether more or lesse; and also all these five pieces or parcels of Land, &c. with their appurtenances, situate, &c. in the Pa­rishes of B. and R. in the aforesaid County of K. and common­ly called or known by the name of K. land, or by what other name or names the same are called or known, conteining in the whole by estimation, &c. be they more or lesse; And also know ye, that I the aforesaid I. G. for the consideration aforesaid have given and delivered, &c. to the aforesaid W. I. &c. his Heirs and Assigns, all that my old house called a Lodge, and 8 pieces or parcels of Land, &c. with all the appurtenances to the same house called a Lodge adjoynng, or belonging, con­teining in the whole by estimation, &c. more or lesse, situate, lying and being in the aforesaid Parish of R. in the aforesaid County of K. and now are in the tenure or occupation of G.A. [Page 148]of R. aforesaid, or his Assigns, to have and to hold the afore­said old house, and all and singular the aforesaid lands, &c. and other the premises whatsoever, with all and singular their appurtenances unto the aforesaid W. I. R. S. P. M. and P. H. their Heirs and Assigns, to the use, behoof and intents in the aforesaid Indentures of the date of these presents, between the aforesaid E. on the one part, and the aforesaid W. R. P. and P. on the other part made, mentioned, and expressed, and accor­ding to the true intent of the said Indenture, and to none o­ther use, behoof or intent, whatsoever, In Witnesse, &c.

An Indenture for assurance of Lands to charitable uses, viz. erection of a School, are relief of the poor.

THIS INIDENTURE &c. Between E. G. of &c. of the one part, and W. I. Minister of B. aforesaid, R. S. of the said Parish of B. P. M. of &c. and P. H. of B. aforesaid, &c. on the other pat, Witnesseth, that for and in consideration of the good and prefect disposing, establishing, and setling of all and every the lands, tenements, woods, reversion, remainders, and other the hereditaments of the said E G. with the appurte­nances, hereafter particularly mentioned and expressed, to such good and charitable user, intents and purposes, as hereaf­ter by these presents are limitted and appointed, and to the end, intent, and purpose that the said good and charitable u­ses by these presents hereafter limitted and appointed, and to the end, intent and purpose, that the said good and charitable uses by these presents hereafter limitted and appointed, may be well and truly executed, performed and fulfilled, according to the true intent and meaning of the said E. G. Covenant to enfeoff, or by other convey­ances to assure certain lands, go the uses fol­lowing, before such a time. And for divers o­ther good and sufficient &c. It is covenanted, &c. by and be­tween the said parties to these presents, and every of them by these presents in manner and form following, that is to say, First he the said E. G. doth by these presents for him, his Heirs, Executors, Administrators, and Assigns, and every of them, [Page 149]covenant, &c. to and with the said W. I. &c. and every of their Heirs, Executors, Administrators and Assigns, that he the said E. G. before the Feast of &c. by his sufficient deed of Feoff­ment, or by any other conveyance and assurance sufficient in the Law, shall and will well and sufficiently convey and assure or cause to be conveyed and assured, unto them the said W. I. &c. their Heirs and Assigns, all and singular the lands, &c. and all and every other the Hereditaments, with all and singular their appurtenances, hereafter in these presents mentioned and set down, That is to say &c. (expressing the several particu­lars,) The which the said E. G. had and purchased to him and his Heirs of one I. F. of S. deceased, and are now in the tenure and occupation, &c. and are situate &c. which said Feoffment and other the conveyance and assurance of the premises, before mentioned to be made, and every of them, shall be and inure, and shall be deemed, adjudged, esteemed, and taken to be and inure, and also the said W. I. &c. or either of them, and the survivor of them, and either of them, their Heirs and Assigns, & all and every person and persons seized of the said premises, and all and every part and parcel thereof to the uses intents, & pur­poses hereafter in these presents expressed, limitted, and appoin­ted, and to no other use, intent, or purpose, whatsoever, that is to say, to the use and behoof of the said E. G. for & during the term of his natural life, without impeachment for any manner of wast. And after the decease of the said E. G. then of and in the afore­said &c. with their appurtenances, commonly called and known by the name of &c. containing by estimation &c. whether more or lesse, in the tenure, &c. and of and in the aforesaid, To the use of certain per­sons upon trust for a Freeschool, to be after e­rected, and if it be not e­rected within such a time, then to other uses. &c. to the use and behoof of them the said W. I. &c. & the survivor of them their Heirs and Assigns, to the end, intent and purpose, and upon special trust and confidence, that they the said W. &c. or the survivor or survivors of them, their Heirs, and Assigns, shall and do immediatly after, or upon the erection of a Free-school, to be erected and set up within the Parish of B. aforesaid, by their good and sufficient coveyance and assurance in the Law, con­vey and assure the said-premises, for and towards the mainte­nance of a Schoolmaster, to teach in the said School, & his suc­cessors for ever; The said Free-school to be called by the name [Page 150]of the Free-school of E. G. at B. and to be ruled and governed by such Orders, Laws and Decrees as shall be by them the said W. R. P. and P. or the survivor or survivors of them, set down and thought most meet and convenient, and if there be not a convenient School-house for the said purpose built, erected, and set up in the Parish of B. within the space of, &c. next and immediatly, &c. Then the said W. I. &c. the survivor and sur­vivors of them, their Heirs and Assigns, and every of them, and all and every other person and persons seized of the said last recited premises, and every part and parcel thereof, shall stand and be seized of and in the same, to the use and behoof of R. G. Son of the said E. G. his Heirs and Assigns for ever. And after the decease of the said E. G. as aforesaid, then of and in all that the aforesaid Tenement or Lodge, together with the aforesaid &c. with th'appurtenances, cont eining in the whole by estimation, &c. whether more or lesse, to the said Tenement or Lodge belonging or appertaining, sit, and be­ing in R. aforesaid, to the use and behoof of F. G. of I.G. late of R. aforesaid deceased, his Heirs and Assigns for ever.

Proviso, that the cesiuy que use shall pay so much year­ly to the Vicars of two Parishes seve­rally, & their Successors for ever, to the intents, that the several Vicars, & the Churchwar­dens, shall di­stribute the se­veral sums to the poor of the several Pari­shes upō some day certain. Provided alwayes, that he the said F. G. his Heirs and As­signs, shall and do yearly, after the decease of the said E. G. at or upon the Feast of, &c. for and toward the relief, maintemance, and sustenance of the poor aged and impotent people within the Parishes of B. and R. aforesaid, content and pay, or cause to be contented and paid unto the Vicar of the said Parish of B. for the time being, and unto his Successors for ever, at or in the Parish Church of B. aforesaid, the sum of, &c. And also unto the Vicar of the Parish of R. aforesaid for the time being, &c his Suc­cessors for ever, at or in the said Parish Church of R. the like sum of, &c. the first payment of the said several sums to begin at and upon the next Feast of, &c. which shall first happen after the decease of the said E. G. to the end, intent, and purpose, that the Vicar, together with the Church-wardens of the said seve­ral Parishes of B. and R. end their Successors for ever, for the time being, or any two of them within their several Parishes, shall yearly, at, and upon the said Feast of, &c. distribute, or cause to be distributed, the said several summes unto the poor and impotent people inhabiting within the said several [Page 151]Parishes, And if the cestuy que use &c. shall sail of payment, then to forfeit so much nomi­ne poenae, to the Vicar where such default shall be. And if the said F. G. his Heirs and Assigns doe not content and pay, or cause to be paid, the said several summes of &c. according unto the true intent and meaning of the last Proviso in these presents contained, Then he the said F. G. his Heirs and Assigns, shall forfeit unto the Vicar of every the said Parishes of B. and R. and their Successors for the time being, severally and respectively, where any such default shall happen to be, the several sums of, &c. nomine poenae, for every default, and so often as the same shall happen, and shall not incur any other penalty or forfeiture by implied condition or limitation, or any other thing in these presents contained; and it is covenanted, &c. by and between the parties to these presents, and every of them, their, and every of their Heirs and Assigns, and the true intent and meaning of all and eve­ry Feoffment, and other conveyance and assurance of the last recited premises made, shall be deemed, esteemed, and taken to be, and the said W. I. &c. and the survivor and survivors of them, their Heirs and Assigns, shall, upon de­fault of payment of the said F. G. his Heirs and Assigns, Covenant, that in default of payment, the Feosees or Trustees, shall stand seized to to the use of the Vicar, or Vicars, where such default shall be, untill that he or they have levyed the said seve­ral sums, and peins thereup­on forfeited. of the said several sums of, &c. contrary to the purport, intent, and true meaning of the Prouiso before by these presents speci­fied, by the which the said several sums are appointed and li­mited to be paid, stand, and be seized of the said last recited premises unto the use and behoof of the said Vicar of every of the said Parishes of B. and R. and their Successors severally, where any such default shall happen to be, for during, and untill they the said Vicars and their Successors of every the said Parishes of B. and R. for the time being, for the several defaults unto every of them made, shall have severally had, levyed, and received, as well the said several summes of &c. before by these presents appointed to them to he paid, with all and every the arrerages thereof, as also the said several penalties of, &c. nomine poenae for every default by the said F. G. his Heirs and Assigns made. In Witnesse whereof, &c.

The form of a perpetuity by will, or a Proviso to restrain alienation, &c.

PRovided always, and my full mind and intent is, that if the said F. G. or any of the Heirs males of his Body lawfully be­gotten, to whom any estate or estates of and in the said messu­ages &c. before mentioned, or any part or parcel thereof, doth accrue, remain, descend, or come by any way or means whatso­ever, shall at any time wittingly or willingly, determinatly and effectually procure or assent, to or for any act or acts, thing or things, for any bargain, sale, discontinuance, alienation, ex­change or forfeiture to be had, or made of the said messuages and other the before-named premises, or of any part or parcel of them, or any of them, to him, them, or any of them, by these presents limitted and devised, whereby any estate of the premi­ses, or of any part or parcel thereof, may should or might in any wise, or by any means be undone, discontinued, barred, de­termined or forfeited, and the same bargain, sale, discontinu­ance, alienation, exchange, or forfeiture, or any other effectu­all thing or Act, toward the same effect shall attempt, cause, procure command, or wittingl or willingly assent unto, or suffer to be attempted, gone about to be executed, performed, prosecuted or put in ure, by the knowledging of any note or notes, of or for any Fine or Fines to be levyed, or by knowled­ging any Warrant or Warrants of Attorney or Attorneys, for any Recovery or Recoveries to be pursued, or entring into war­ranty by any means whatsoever, or by knowleging any war­rant for the same, or by any purchase of any Writ or Writs, by them, or any of them, or by any other by their affent or consent, by appearance oi otherwise to any Writ or Writs, of the premises, or any part and parcel thereof, or by acknowled­ging of any deed or deeds, writing or writings, to be inrolled, or by any other effectual act or acts thing or things whatsoe­ver, whereof or whereby any bargain, sale, discontinuance, ali­enation exchange, or forfeiture shall or may ensue, that then immediatly from and after the time of such procuring, attemp­ting, [Page 153]commanding, willing, assenting, suffering or going a­bout, in manner and form as is aforesaid, and before any such bargain, sale, discontinuance, alienation, exchange or forfei­ture perfected, executed, or done, the estate and estates limitted and appointed in these presents, unto him or them, and to as many as so shall attempt, cause, procure, command, or witting­ly assent to, or suffer any such act or acts, thing or things, to be prosecuted, executed, performed, done, or put in ure, or gone about to be done, performed, or put in ure, in manner and form before declared, whereupon any bargain, sale, discontinu­ance, alienation, exchange, or forfeiture, shall, may, or might in­sue, contrary to the true intent and meaning of these presents, of in such, or so much of the said messuages, &c. before menti­oned, for the which any the thing or things aforesaid shall be attempted, caused, procured, commanded, assented or suffered to be executed, performed, done, or put in ure, or gone about to be done, executed, performed, or put in ure, contrary to the true meaning of these presents, shall cease, as in respect only, and having regard to suuch person or persons only so attempting, procuring, causing, commanding, willingly assenting to, suffering or going about any such act or acts, thing or things aforesaid, as if such person or persons so attempting, causing, commanding, or procuring, were naturally dead, and not otherwise, and that then and in such case it shall be lawfull to and for every such person or persons to whom the possession thereof should come, grow, or be, by the true intent and meaning of these presents, to enter and enjoy the same, as if such person or persons, which shall so procure or assent to any such act or thing to be done or attempted, were naturally dead, and in no otherwise, and of such and the like estate and estates, and in like manner and form to all intents and purposes, and with like remainders over, and with like limitations and conditions as the same should have come, and grown, or been, if the same person that shall so pro­cure or assent to, or for, any such act or acts, thing or things, to be done, or attempted, at or immediatly before the time of such procuring or assenting, were naturally dead, and in none o­ther manner, any thing before in these presents mentioned to the contrary notwithstanding. Neverthelesse it shall and [Page 154]may be lawfull to and for the said F. G. or any of the Heirs males of his body lawfully begotten, to set and lease the said Messuages, Power to make lease. for 21 years, or 3 lives, reser­ving the old & accustomed rent. &c. and other the premises, for 21 years at the most, or under, or for one, two, or three lives, upon which several de­mises, the old, antient, and accustomed yearly rent, or the value thereof, or more, shall be reserved and assured to such person and persons as shall or ought to have by descent or otherwise, the estate or estates of and in the premises, &c.

A Ioynture made before Mariage.

TO all, &c. Know ye, that I the said T. I. for and in conside­ration of a certain Mariage between me the aforesaid I. T. and one A. M. of B. in the aforesaid County of K. Virgin, Si­sler of one I. M. the younger, and G. M. of B. aforesaid Dra­per, and for an absolute and perfect Joynture of the said A. M. to be made, and in recompence, barr, full satisfaction and dis­charging of all and singular Dower, and title of Dower, with the said A. M. of, or in any other Messuages, Lands, Tenements or Here ditaments of me the said T. I. that any way may happen, have given, &c. to the aforesaid I. and G. their Heirs and As­signs, the moyety of my one moyety, viz. one third part of one Messuage, &c. with the appurtenances thereunto belonging. And also the moyety of my one moyety &c. viz. the third part, &c. with all and singular their appurtenances; Which said premi­ses doe all contein in the whole, by estimation, &c. be the same more or lesse, situate, &c. And also know ye, that the said T. for the Cause and consideration aforesaid, have given, &c. to the aforesaid I. M. and G. M. their Heirs and Assigns, all those my, &c. be they more or lesse, situate, &c. Which said last premises the said T. I. late had, and purchaled to him and his Heirs of one R. F. and A. his Wife, as by a certain Writing to him thereof made more plainly appeareth; To have and to hold, &c. with their appurtenances, and all and singular other the premises whatsoever, with all and singular their appurtenances, to the aforesaid I. M. and G. M. their Heirs and Assigns, [Page 155]to the only proper use and behoof of me the said T. I. until the Rites of Mariage between me the aforesaid T. and the said A. M. Be celebrated, and after those Rites of Mariage are cele­brated, then to the use and and behood of A. M. aforesaid for term of her natural life, and after the decease of the aforesaid A. M. to the use of me the aforesaid T. my Heirs and Assigns for ever; To be holden of the chief Lord, &c. And I the a­foresaid T. I. and my Heirs, the aforesaid moyety &c. with their appurtenances, and the moyety of that my one moyety, viz. the third part aforesaid, &c. with their appurtenances, to the aforesaid I. and G. their Heirs and Assigns, to the use, be­hoof, and intent aforesaid, against me, my Heirs and Assigns, and against all other men claiming from me, will warrant, Aspecial war­ranty. and for ever defend by these present, A special war­ranty. In witness, &c.

The Condition of an Obligation, to restrain Tenements intailed, to be aliened by Fine, Recovery, or otherwise.

THe Condition, &c. that whereas one I. H. of &c. within writ­ten, Daughter-in-Law of the said I. B. hath by her sufficient Deed of Feoffment, being of the date with these presents, given, granted, and infeoffed the within named I. B. and one G. S. and their Heirs, of and in all and singular the Messuages, Lands, Tenements, and Hereditaments of her the said I. H. lying and being in the Parishes of H. and S. or elsewhere in the said Coun­ty of K. to the uses, intents and purposes in certain Inden­tures being of the date of these presents, made between her the said I. H. of the one part, and one I. S. of, &c. and the said G. S. and I. B. of th'other part, mentio­ned, specified, limited and appointed, and to none o­ther use, intent, or purpose whatsoever. And whereas by the said recited Indenture the use and uses of parcel of the said premises in the said Indenture particularly expressed, are mentioned, limited, and appointed, and it is by the said recited Indenture concluded, that the said G. S. and I. B. [Page 154] [...] [Page 155] [...] [Page 156]their Heirs and Assign, shall thereof stand and be seised to the use and behoof of the said I. S. and her the said I. H. and the survivor of them, for and during the term of their natu­ral lives, and after their decease to the use and behoof of the Heirs of the said I. S. upon the body of the said I. H. lawful­ly begotteen, and for default of such Heirs, by the said I. S. of the body of the said I. H. lawfully begotten, to the use and be­hoof of the said I. S. his Heirs and Assigns, for ever.

And whereas by the said recited Indenture the use and uses of other parcels of the said premises in the said recited Indenture particularly expressed are mentioned, limitted and appointed, and it is by the said recited Indenture concluded and agreed, that the said G. S. and I. B. their Heirs and assigns, shall thereof stand and be seised to the use and behoof of her the said I. H. & the Heirs of her body lawfully begotten, & for default of Heirs of the body of her the said I. lawfully begotten, to the use and behoof of M. B. Wife of the within named I. B. for term of her life, and after her decease, to the use and behoof of A. B. and I. B. their Heirs and Assigns for ever, as in the said deed of Feoff­ment and Indenture, being of the date of these presents, more plainly and more at large doth and may appear.

If therefore the said I. S. shall levy a Fine, or suffer a Reco­very, or joyn with her the said I. H. in levying of a Fine, or suffering of a Recovery of the said premises in the said recited Indenture specified, or of any part or parcel thereof; Or if the said I. S. shall doe, suffer or execute, or consent to the suf­fering or executing of any act or acts, thing or things, devise or devises whatsoever, wherewith or whereby the use or uses of the said premises in the said recited Indenture specified, or of any part or parcel thereof, shall be in any sort altered, changed or transferred to any person or persons in any other (manner and form than by the said recited Indenture, the same are limit­ed, expressed, and appointed.

Or if the said I. S. solely by himself, or joyntly with her the said I. H. shall doe or execute, or consent to the doing or executing of any act or acts whatsoever, be the same by demise for years, for life, or by any other way or means howsoever, wherewith, or whereby the said premises in [Page 157]the said recited Indenture specified, and every part and parcel thereof, shall or may not after the decease of him the said I. S. if she the said I. H. fortune to survive and over-live him the said I. be and remain unto her the said I. D. in possession, accor­ding to the purport, intent, and true meaning of the said Inden­ture, That then &c. Or otherwise.

A Grant of a Rent to others, to the use of the Feoffees for a Joynture before Marriage.

THIS INDENTURE, &c. Between I. S. of &c. of the one part, and G. S. and I. B. of &c. of the other part, Wit­nesseth, That whereas the said I. S. is by the grace of God within short space to marry and take to Wife one I. D. of &c. aforesaid, Daughter in Law of the said I. B. Now the said I. S. for the absolute and perfect Joynture of her the said I. D. and for and in recompence, har, full satisfaction, and discharge of all and singular the Dower, or title of Dower, which she the said I. D. sall or may be intitled unto in any the Messuages, &c. of the said I. S. hath before marriage between them the said I. and I. had and solemnized, by the assent, consent, and agree­ment of her the said I. D. given, granted, and confirmed, and by these presencs, doth give grant, and confirm, unto the said G. S. and I. D. their Heirs and Assigns, for and during the term of the natural life of her the said I. D. and to her on­ly use and behoof, one annuity or yearly rent of &c. of &c. to be issuing or going out of &c. containing in the whole by esti­mation &c. of land, meadow, pasture, and wood-grounds, whe­ther more or lesse, situate, lying and being in the Parishes of B. and S. in the said County of K. upon the demeans of S. I. and M. and now in the tenure and occupation of one I. C. his Assignee or Assignees. And the said premises bound and butt in manner and form following, that is to say, &c. as the meets and bounds thereof do divide and shew, To have, levy, perceive, take, and yearly enjoy, and the said Annuity or yearly rent of &c. [Page 158]immediatly from and after the decease of the said I. S. unto them the said G. and I. their Heirs and Assigns, for and during the natural life of the said I. D. and unto the use of her the said I. D. and her Assigns, during the term of her natural life a­foresaid, The said Annuity or yearly rent to be paid, at or up­on the said premises at 4 usual Feasts or terms in the year, that is to say, &c. by even and equal portions, And the first pay­ment thereof to begin at the first of the said Feasts which shall happen next and immediatly after the decease of the said I. S. and not before.

[Here follows the usual clause of power to enter upon the Land, The usual Convenants. and to distrain for the rent behind, As also the clause of giving seisin of the rent, And after that, the clause, or covenant, that the grantor was seized in fee of a lawfull and indefeasi­ble Estate, of the land out of which, &c. and that he had full power, in his own right, to charge the said lands: Then followeth the Covenant, that the land shall be overt, liable and sufficient to the distresse of, &c. And that the land is of the cleer yearly value of, &c. over and above all other charges and reprises. And lastly, the covenant of peaceable and quiet enjoyment of the said rent, &c.

An Indenture to lead the use of a Fe­offment, made by a woman before Mariage, to the use of her, and him that shall be her Hus­band; with a general Covenant, that all assu­rances shall be to these uses.

THIS INDENTURE, &c. Between I. D. of, &c. Vir­gin of th'one part, And I. S. of, &c. G. S. and I. B. of, &c. of th'other part, Witnesseth, That whereas there is a Mariage by the grace of God in short time to be had and so­lemnized between the said I. D. party to these presents, on the one part, And the said I. S. another of the parties to these pre­sents on the other part, it is covenanted, granted, condescen­ded, [Page 159]concluded and agreed upon, by and between the said parties to these presents, and every of them, in manner and form following: First, the said I. D. doth for her self, her Executors and Administrators, covenant, promise, grant and agree, to and with the said I. S. his Executors and Administra­tors, that she the said I. D. shall and will before the, &c. es­pouse, and take to Husband the said I. S. if he the said I. S. will thereunto agree, and the Laws of God and holy Church will it permit and suffer; And also the said I. S. doth for him­self, his Executors and Administrators, covenant, promise, and grant, to and with the said I. D. her Executors and Ad­ministrators, that he the said I. S. shall and will before the said, &c. espouse and take to Wife the said I. D. if she the said I. will thereunto consent and agree, and the Laws of God and holy Church will it permit and suffer. And the said I. D. as well for and in consideration of the said Mariage so to be had and solemnized between the said I. S. and the said I. D. as aforesaid, as also for the better establishing and settling of the lands and tenements, &c. [And so use the like form in the precedent form in this Book, and mention the parcels, with the bounds and butts, &c. with the like Covenants as before, &] And it is by these presents fully covenanted, granted, and agreed upon, by and between the parties of these presents, and every of them, their Heirs and Assigner, Covenant, that all assurances shall be to these use. and e­very of them, that all and singular Fines, Recoveries, Feoff­ments, alienations, and all other conveyances and assuran­ces whatsoever of the said premises, with th'appurtenances, and of every part and parcel thereof, now made, or at any time hereafter before the Feasts of &c. next and immediat­ly ensuing the date of these presents to be made, shall be and inure, and are by these presents appointed, limited, and decla­ed to be, and inure, to the uses, intents, and purposes before by these presents limited and appointed, and to none other use or uses, intents or purposes whatsoever. In witness where­of, &c.

A Grant from her Majesty of the Wardships of the bodies of Coheirs.

THIS INDENTURE made between &c. of the one part, and T. R. of &c. on the other part Witnesseth, That &c. with the advice of the Master and Councel, is contented and pleased to grant, and by these presents doth commit and grant, unto the said T. R. the custody, wardship, and marriage, of F. G. E. G. & G. G. Daughters, & next Coheirs of G. G. Gent. de­ceased, without disparagement, Together with one annuity or yearly rent of &c. to every of the said Coheirs to be limitted and appointed, by the said Master and Councel, out of certain Messuages, &c. in the County of K. being in the hands and possessions of &c. by the minority of F. G. E. G. & G. G. to be paid yearly to the said T. R. or his Assigns, by the Feodary of the said County, or by his lawfull Deputy for the time being, for and towards the education and exhibition of the said Coheirs; And whereas also there doth not appear at this time that every par­cel of the inheritance of the said Coheirs, upon the death of their said Father, is come into the hands and possessions of &c. nor certainty in every parcel of the inheritance of the said Co­heirs what ought to be in his hands and possession, because of such Dowers, Feoffments and Wills as are declared in the same, Therefore for that, &c. should not be deceived in that behalf, but that he should have perfect knowledge and understanding, of all such Mannor, Lands, tenements and hereditaments, which be now descended, or immediatly after the decease of any per­son or persons, or after years finished or ended, or any other last will performed, or by any other ways or means shall des­cend, revert, remain or come to the Heirs in possession or re­version, with the very best and uttermost true value of them and every of them by the year, The said T. R. hath delivered a wri­ting hereunto annexed, in the which are contained and speci­fied all such Mannors, Messuages, Lands and Tenements, which be descended, or shall hereaster come and descend, unto the said Coheirs in possession or Reversion, with the very best and [Page 161]uttermost true value of them, and every of them by the year.

And the said T. R. Covenanteth and granteth, for him, his Excecutors and Assigns, by these presents, that one Auditor or Auditors, or any other person or persons appointed or autho­rized by the said Master and Councel for the time being, at the costs and charges of the said T. R. or his Assigns, shall search, view, and value the truth of the same, upon which search, view, and value, if it can be proved that the said Manors, &c. or any of them, which shall or ought to descend, revert, remain and come to the said Coheirs in possession or reversion, as is afore­said, be omitted and left out in the same writing indented, or else be found of more large, and better yearly value, than in the same yearly value is limited, Then the said T. R. his Executors, Ad­ministrators and Assigns, shall content and pay unto &c. or to his Heirs or Successors, as much money as the overplus of the yearly value of the said Manors, lands, and other the premises so undervalued, shall amount unto above the yearly value limit­ted in the same writing indented, if such shall be found upon the said search, view, and value, after the rate of two years value. And also as much money as the said T. R. or any other to his use shall perceive and take of the said Manors, Lands, and Hereditaments, being of the inheritance of the said Co­heirs, left out and omitted in the same writing indented, if any such shall be found upon the said search, view, and va­lue of the Manors, &c. shall happen to descend, revert, re­main, or come to them, before they come to, and be of their several ages of &c. and the sald T. R. covenanteth and gran­teth for him and his Assigns, by these presents, that the said T. R. and his Assigns, shall not only bring up and entertain the said Coheirs, But also as much as in him and them lyeth, shall save and defend all the Manors &c. of the said Co­heirs, from all unlawfull intrusions, incroachments, wastes, decayes, spoils, disorders, or expelling of Tenants, and imbesilling, withdrawing, concealing, or misusing of evi­dences and writings concerning the inheritance of the said Co-heirs, and if at any time hereafter during the said grant, any unsawfull intrusion, encroachment, wast, decay, spoil, disorder, or expelling of Tenements to be done or made up­on [Page 162]any part or parcel of the said inheritance, or if any eviden­ces, mi [...]ments, or writing concerning the said Inheritance be imbezelled, withdrawn, or misused, to the knowledge of the said T.R. or his Assigns, that then the said T.R. his Executors or Assigns, forthwith after the knowledge thereof had, shall certifie the same to the said Master, and Councel for time be­ing, and receive and prosecute forth their order for the refor­mation thereof, to and for the advancement of, &c. his interest and right, and for the preservation, safegard, and tuition of the inheritance of the said Co-heirs; And further, if at any time hereafter, during the minority of the said Co-heirs, or before their livery or ouster l' mains be prosecuted and had out of the hands and possession of the said, &c. or of his Heirs and Suc­cessors, it shall fortune any Manors, &c. whatsoever, to descend and grow to the said Co-heirs, in possession, or reversion, or by any other ways or means which be not known to the said Ma­ster and Councel to be descended at the making hereof, That then the said T.R. his Executors or Assigns, within one half year next after any such descent fallen or happen, shall certifie the same to the said Master and Councel for the time being, [...] they may have sure information thereof, as well for the pre­servation of the right and title thereof to the use of the said Co-heirs, and for the good order and custody of the same during their minorities, and for the true and just answering of all such rents and profits as shall be found due and payable in the said Court upon any such descent. And if any Church belonging to the Patronage of the said Co-heirs, happen to be void before they come and be of their full ages of, &c. That then the said T. R. or his Assigns, shall within one moneth next after know­ledge to him had of any such descent or vacation, give know­ledge thereof to the said Master and Councel, as the said, &c. pleasure may be known for the order and disposition of the same. Provided always, and the said T.R. covenanteth and granteth, for him and his assigns, shall give, grant bargain and sell this grant, or the custody of the said Co-heirs, to whom the inheritance may descend or revert, nor to any person or persons without knowledge or agreement of the said Master and Coun­cel [Page 163]for the time being, nor shall dispose in Mariage, or by any perswasion induce the said Heirs to marry where any case of disparagement is, or other detriment, annoyance, or disorder may arise and appear, contrary to the order of the Law; Nei­ther also shall sequester, demise, limit or grant, the said yearly allowance before set forth for the education and exhibition of the said Co-heirs, to any other use, intent, or purpose, than to­wards the said education, during the said grant. And moreover also, the said T.R. Covenanteth and granteth, for him and his Assigns by these presents, that he the said T.R. or his sufficient Deputy or Attorney, shall within two moneths next after the delivery of the Bill of the grant of the Wardship, signed by, &c. and delivered to the Clark of the said Court of Wards, pro­secute forth Letters Patents under the Great Seal of England, and after th'ensealing thereof bring the same Patent within the said time to the Auditor General of the said Court, to be inrol­led, and upon the inrollment thereof demand and take the same Patent within the same time from the said Auditor, after the said inrollment. In witnesse whereof, &c.

An Indenture of exchange of Lands.

THIS INDENTURE, &c. Between R.D. of, &c. on th'one part, and R.H. of, &c. on th'other part, Witnesseth, that it is Covenanted, condescended, and agreed between the said R. D. and R.H. and the said R.D. and R.H. for them and their Heirs, do covenant, condescend, and agree the one with the o­ter, their several Heirs and Assigns, by these presents in form following, that is to say, that he the said R.H. hath given, gran­ted, and by these presents confirmed to the aforesaid R. D. his Heirs & As. for ever, in free and liberal exchange, all that, &c. called or known by the name of G. with the appurtenances, con­teining, &c. lying, &c. To have, &c. the aforesaid, &c. with the appurtenances, in exchange as is aforesaid, to the aforesaid R. D. his Heirs and Assigns for ever. In consideration of which grant, gift, and exchange, the aforesaid R.D. hath likewise gi­ven, [Page 194]granted, and by these presents confirmed to the aforesaid R. H. his Heirs and Assigns for ever, in free and liberal exchan­ges all that &c. with the appurtenances, called &c. conteining in the whole &c. lying &c. To have &c. the aforesaid &c. with their appurtenances, in free and liberal exchange for the same parcel and pasture called G. to the aforesaid R.H. his Heirs and Assigns for ever; And the said R. D. for himself, his Heirs, Executors, and Assigns, doth covenant and grant by these pre­sents, to and with the said R. H. his Heirs, Executors and As­signs, that he the said R.H. his Heirs and Assigns, shall and may for ever hereafter, have, hold and quietly enjoy the afore­said Land or Meadow, called E. with the appurtenances, and e­very part thereof, without any charges and incumbrances for­merly had, Mutual Cove­nants by the Exchangers that the land if free from all charges, or in­brances. made, or suffered, by the said R.D. and by I.D. Bro­ther of the said R. or any of them, or by any other person or persons any estate or title having, or claiming therein, by, from, or under them, or any of them, and the aforesaid R.H. for him­self, his Heirs, Executors, Administrators, and Assigns, doth like­wise Covenant and grant by these presents to and with the said R.D. his Heirs and Assigns, that he the said R.D. his Heirs and Assigns, shall and may for ever hereafter, have, hold, and qui­etly enjoy the aforesaid parcel of Land called G. with the ap­purtenances, and every part thereof without any former char­ges and incumbrances, formerly had, made or suffered, by the said R.H. or by any other person, or persons any estate, title or interest having or claiming therein, by, from, or under him the said R.H. In witnesse whereof &c.

A Lease to try a Title, with direction to execute the same.

THIS INDENTURE &c. Between W. B. of &c. of the one part, and I. B. of &c. of the other part, Witnesseth, that the said W. B. for divers &c. hath demised, granted, &c. unto the said I. R. his Executors, and Assigns, two Messuages, to­gether with all and singular edifices, buildings, barns, stables, [Page 165]orchards, gardens, and other the appurtenances, and also all and singular lands, tenements, meadows, pastures, and other hereditaments whatsoever, together with the said Messuages, or either of them, at any time heretofore, or at this present, had, occupied, used or enjoyed, to them or either of them belonging, or in any wise appertaining, containing in the whole by estima­tion, &c. whether more or lesse, situate, lying, &c. And all & sin­gular the part and purpartie of him the said W. of and in the said premises with the apputtenancies, And also all and singu­lar Messuages, lands, tenements, and hereditaments of him the said W situate, &c. To have &c. with all and every their ap­purtenances, unto the said I. B. his Executors, Administrators, and Assigns, from the Feast &c. last past before the date of these presents, unto the full end and term of &c. from thence next ensuing, and fully to be compleated and ended, yeelding and paying therefore yearly during the said term unto the said W. his Heirs and Assigns, one pepper corn, if the same be lawfully demanded. In Witnesse whereof &c.

The Lessor must enter upon the land, and seal and deliver the Indenture as his Deed, and then endorse.

Sealed and delivered, &c.

And if it be sealed at another day than it beareth date, then endorse the sealing, and delivery accordingly, with the day and year that it was made.

Indorse on the back side of the Lease.

Mem. that the within named W. B. did the day and year within written, enter into one Orchard, appertaining unto the house in the occupation of W. B. in the name of all the lands and tenements contained in this Indenture, And immediatly after such his entry, did then and there seal and deliver the said In­denture as his Deed unto the within named I.B. In the presence of us.

And if there be several occupiers, indorse several entries as aforesaid accordingly, or in this sort.

Jtem, at the same time he did the like in one parcel of Land in the occupation of B. B. &c.

An Arbitrement.

TO all Persons to whom this present Indented writing of A­ward shall come, M.H. Esq and E.H. Gent. send greeting, Whereas W.B. and T.B. Executors of the last will and Testament of R.B. deceased, P.P. and R.W. of &c. have by their mutual consent and agreement submitted themselves to stand unto, and perform the award, arbitrement, and judgement of us the said M.H. and E. H. being Arbitrators indifferently named and chosen, as well on the part and behalf of the said W.B.T.B. and P.P. as on the part and behalf of the said R.W. to arbitrate, award, and judge, of and upon all and all manner of Actions, sutes, reckonings, accompts, and demands whatsoever, which at any time before the, &c. last past, before the date of these pre­sents, have been, as well on the part of the said R.W. against the said W.B.T.B. and P.P. or any of them, as of the part of the said W.T. and P. or any of them, against the said R.W. had, stir­red, moved, or depending, for any cause or matter whatsoever, from the beginning of the world unto the said, &c. last past be­fore the date hereof, So that the said Arbitrement, award, and judgement of us the said M.H. and E.H. of, and upon the said premiles, were made, and given up in writing before the &c, and for the parformance of the said Award, arbitrement and judge­ment of us the said Arbitrators, they the said W.B.T.B. & P.P. by their joynt and several Obligations, and I.W. Father of the said R.W. for and on the behalf of the said R. by his Obligation of, &c. bearing date, &c. last past before the date hereof, have bound themselves each to other for the performance of the said Award, arbitrement, and judgement of us the said Arbi­trators; Now know ye, That we the said M.H. and E.H. for the appeasing of all actions, sutes, reckonings, accompts, debts, trespasses, executions and demands whatsoever, between the said W.B. and T.B. Executors to their Father, and the said R.W. or otherwise, as between the said P.P. and R.W. and for a final en­ding between the said parties of all causes to us submitted, do make our award, order, abitrement, judgement and determina­tion in manner and form following; And first, we the said Arbi­trators [Page 167]do award, order, and determine, that the said R.W. shall for his part, at or before, &c. (expressing the cause, &c.) in wit­ness whereof, we the said M.H.E.H. to this our present award our hands and seals have put. Dated, &c.

A Recognizance.

MEmoran. That T.R. of G. in the County of K. Esq (such a day and year) came before our Lord the King in his Chancery at Westmin. in the County of Midd' personally con­stituted, and then and there acknowledge, that he owes to E.G. of B. in the said County of K. Gent. and S.H. of C. in the a­foresaid County of K. aforesaid Gent. &c. of, &c. to be paid to the said E.G. and S. H. or to their certain Attorney, Exec. on Assigns, on the Feast, &c. next comming after the date of these presents; And if he fail in the payment of the aforesaid sum of money at the Feast aforesaid. That then the said T. R. for him­self his Heirs, Exec. and Assigns, will, and granteth that the said sum of money shall be levied of his lands and tenements, goods and chattels, to the use of the said E.G. and S. H. their Exec. and Assigns. Witnesse our said Lord the King at Westminster aforesaid, the day and year aforesaid.

An Indenture of partition of Lands in Joyntenancy, as also in Copercinery in Gavelkind.

THIS INDENTVRE, &c. Between G.M. of, &c. of the one part, and H.M. of, &c. of the other part, Witnesseth. That whereas one T.M. late of R. aforesaid deceased, brother of them the said G. and H. by his last will and testament in wri­ting, bearing date, &c. did amongst other things concerning, the disposing of his lands and ten, devise and bequeath unto E.M. Son, of him the said T.M. all those his lands & tenements in R. aforesaid, which were sometimes T.K. the Grandfather of [Page 168]him the said T. to have and to hold all the said Lands and Te­nements, with all and singular the appurtenances, to the said E. M. and to his Heirs for ever, when he should come to the age of &c. and the said T.M. did by the same his last will & Testament further will, that if his said Son did fortune to die before he came to his said age of &c. that then his said will and mind was, that all those his said lands and tenements, should remain unto them the above named G.M. and H.M. his Brothers, parties to these presents, to be had and held unto them the said G.H. their Heirs for ever, as in the said last will and testament of him the said T. M. more plainly and at large it doth and may appear.

And whereas the said B.M. Son of the said T. is sithence the said time, and before his said age of &c. departed this life with­out Heirs of his Body, By reason whereof they the said G. and H. have according to the said last will and testament of him the said T.M. entred into the said premises unto them devised as aforesaid, and by vertue of the last will and testament now are and stand joyntly as Joyntenants seized thereof in their de­mesn, as of Fee, And whereas also they the said G. and H. are seised in fee as Coperceners in Gavelkind of other Messuages lands, and tenements, Now therefore unto the end and intent that a perfect partition may be had and made between them, the said G.M. and H.M. of all and singular the said messuages, lands, tenements and hereditaments, to them devised or descended as aforesaid, and that every of them, their and every of their Heirs & Assigns may from henceforth severally have and enjoy in severalty, without any impeachment or disturbance of the other of them, his or their Heirs or Assigns, his & their part and portion of the said Messuages to them bequeathed or de­scended as aforesaid, they the said G. M. and H. M. by their own mutual consent and agreement, and by the mediation of certain friends indifferently elected and chosen between them, have made partition and division, and do by these presents for them, their Heirs and Assigns, make partition and divide the said Messuages &c. to them bequeathed or descended as a­foresaid, in manner & form as hereafter is mentioned (that is to say) first he the said G. M. shall have for his part and portion of the said messuages &c. to them the said G. & H. bequeathed or [Page 169]descended as aforesaid, one messuage, &c. and other th'appurte­nances, together with one, &c. cont. in the whole by estimation, &c. whether more or less, sit, &c. To have and to hold the said Messuage, and other the said premises, with their appurtenances, unto him the said G. M. his heirs and assigns for ever, in severalty, and divided from the part and portion of the said H. M. his heirs and assigns. And the said H. M. shall have for his part and por­tion of the said Messuages, &c. to them the said G. & H. bequea­thed, or descended as aforesaid, these several Messuages, &c. fol­lowing; that is to say, &c. (mentioning the particulars.) To have, &c. the said Messuages, &c. unto him the said H. M. his heirs and assigns, in severalty, and divided from the part and portion of the said G. M. as aforesaid. And the said parties to these presents, and either of them, do for them and either of them, their heirs, Mutual Cove­nants of quiet & peaceable enjoyment, without di­sturbance, &c. exe­cutors and assigns, Covenant and grant, to and with either of thē, their heirs, executors and assigns, that they, and either of them, their heirs and assigns, shall and may quietly and peaceably have, hold, & enjoy his & their part and portion of the said premises, by these presents unto either of them limited and appointed, for his or their part and portion as aforesaid, in severalty, according unto the partition and divisiō aforesaid, without any disturbance or im­peachment of the other of them, their heirs or assigns. In wit­ness, &c.

A brief Deed of grant, and assignment of certain goods, chattels, and debts; with a Letter of Attor­ney therein contained.

TO all Persons to whom this present Deed poll shall come, R: W: of &c. sendeth greeting; Whereas I. W. of C. aforesaid, standeth bound together with me the said R. W. for divers Debts and sums of mony by me the said R. due and owing. Know ye, that I the said R. for the saving harmlesse of him the said I. W. from the said bonds and debts, so far forth as these debts and chattels, hereafter specified will extend & amount unto, have given, gran­ted, bargained and sold, and do by these presents for me, mine executors and administrators, give, grant, bargain and sell, unto the said I. W. his executors, administrators and assigns, all such [Page 168] [...] [Page 169] [...] [Page 170]goods and chattels, both real and personal, as are mentioned, ex­pressed, and conteined in a certain schedule hereunto annexed, at such rates and prices as they are therein rated and prized at; To have and to hold, to him the said I. W. his executors and assigns for ever. And further know ye, that I the said R. W. for the con­sideration aforesaid, do make, constitute, ordain, and in my place and room put the said I. W. to be my irrevocable, true, and lawfull Attorney, giving and granting unto the said I. W. full power, and lawfull authority, irrevocable, for me, and in my name, and to the use of him the said I. W. his execut. and assigns, to ask, take, have, receive and levy, all and singular debts, duties, and demands due, or owing unto me the said R.W. mentioned and conteined in the said Schedule hereunto annexed; And that he the said I. W. his executors, administrators and assigns, or any of them, shall or may, from time to time, and at all times hereafter, in the name of me the faid R. W. my executors or administrators, commence any acti­on or actions, sute or sutes, plaint or plaints, against any person or persons for any the said debts, duties, and other the premises, and also Attorney & Attorneys for me, and in my name to make, con­stitute, revoke, alter, remove and change, and the same sutes, acti­ons and plaints, or any of them, shall or may in the name of me the said R.W. my executors, administrators or assigns, at the costs and charges in the Law of him the said I.W. his executors, admi­nistrators or assigns, prosecute and follow, until judgement and execution shall be thereupon had and made, and all and singular such sum and sums of money as shall be so in the name of me the said R. received, recovered, had or levied, he the said I. his execut. admin. and assigns, shall and may have, hold, keep, and retain in his and their hands to his and their proper use and behoof, without any accompt or other thing therefore unto me the said R. W. my executors or administrators: Giving and gran­ting unto my said Attorney, full power and authority to do and execute all and every act and acts, thing and things, touching or concerning the said premises, in as large and ample manner, to all respects, as I the said R. can or might make, doe or execute, if I were personally present at the doing thereof. In witnesse whereof, &c.

An Assignment of a Bond by Deed Poll, toge­ther with a Letter of Attorney irrevocable, and usual covenants for the same.

TO all persons to whom this present Deed Poll shall come, R. H. of &c. sendeth greeting. Whereas A.M. of &c. I.W. of &c. and R.C. of C. aforesaid, did by their Obligation bearing date, &c. become joyntly and severally bound unto the said R. H. in the sum of &c. and the condition of the Obligation was, that if the said A. M. his heirs, executors, administrators or Assigns, or any of them, did well and truly satisfie, content and pay, or cause to be satisfied, content and paid to the said R. H. &c. (reciting the whole condition) as in and by the said obligation and condition thereof more at large appeareth. And whereas the said sum of &c. in the condition of the said Obligation specified, is not paid unto the said R. H. according to the effect of the said condition. Now know ye that the said R. H. for and in consideration of the sum of &c. unto him the said R. by P. M. of &c. in hand paid, and for divers other 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 P. M. his executors and assigns, the said Obligation, and all sums of money therein contained, together with all such benefit and commodity as the said R. H. his executors or Administrators can or may take or receive thereby. And further the said R. H. doth by these pre­sents, The Letter of Atrorney. constitute, and in this place appoint the said P. M. to be his lawfull Attorney Irrevocable, for him, and in his name, to ask, le­vy, receive, recover, take, and have of the said A.M. I.W. and R. C. or either of them, or of the heirs, executors, administrators, or assigns of them or either of them, all and singular the said sum or sums of money in the said obligation or condition thereof specifi­ed and contained, and the same to receive, keep, and detain to the proper use and behoof of the said P. M. his executors, and admi­nistrators, without any accompt or other thing therefore yeelding, rendring or paying, unto the said R. H. his executors, administra­tors and assigns, and in default of payment of the said sum or sums of money, to arrest, sue, or implead at the costs and charges in the law of the said P. M. his executors or assigns, the said A. M. I. W. and R. C. or either of them, upon the said Obligation, in any [Page 172]sute or plaint, in any Court or Courts within the Commonwealth of England, for and in the name of the said R. H. his executors or administrators, and judgement, and execution thereupon to take and have, and Attorney or Attorneys for, in or concerning the said premises, or any part thereof, for or in the name of the said R. H. his executors or administrators, to make, constitute, ordain, or appoint, and them also at his and their will and pleasure to al­ter, revoke, change, and remove; And further to make, do, execute, and commit, or cause to be made, done, executed, and committed, in the name of the said R. H. his executors or administrators, all and every matter and thing, act and acts whatsoever, meet, neces­sary, expedient, or convenient for the recovery, levying, having, or execution making, taking, or having of all or any of the sum or sums of money, mentioned, or contained in the said Obligation, and judgement thereupon to be given, or either of them; And all and singular such sum and sums of mony, or other thing as he the said P. M. his executors; administrators or assigns, shall by rea­son of the said Obligation and judgement, or execution thereup­on to be had, made, or taken, have, take, levy, or receive, in the name of the said R. H. his executors or administrators; And the said R. H. doth for him, his executors, administrators and assigns▪ Covenant and grant, Covenant, that the Assig­nee shall have the mony to his own use, without ac­compt [...]ender &c. to and with the said P. M. his executors and administrators, that it shall and may be lawfull, to and for the said P. M. his executors, administrators, and assigns, to have, take, retain, keep and enjoy, all, or any of the said sum or sums of money, mentioned or contained in the said obligation, and judgement thereupon to be given; or either of them, to his and their own use, Allowance of all Acts done by the Assig­nee, &c. in the name of the Assignor, at his costs and charges. without any accompt or other thing therefore to be yeelded, rendred or given; ratifying and allowing, confirming and avowing, all and every matter and thing, act and acts what­soever, which the said P. M. his executors, administrators or as­signs, or any of them shall at his and their costs and charges, do, execute, or commit, or cause to be done, executed, or committed in the name of the said R. H. his executors, or administrators, in, about, Covenant that there is no act done, nor shall be done, whereby to frustrate this grant of as­signment. touching, or concerning the premises, or any part thereof; And the said R.H. doth for him, his heirs, executors, administra­tors and assigns, and every of them, covenant, and grant, to and with him the said P. M. his Executors, administrators and assigns, in manner and form following, that is to say, that neither the said R.H. nor any other pers. or pers. by his or their consent, privity or [Page 173]procurement, already hath not made, done, executed, or com­mitted, nor that he, his heirs, executors, administrators, or assigns, or any of them, nor any other person or persons by his or their procutement, shall, or will at any time or times hereafter make, do, execute or commit, or cause to be made, done, executed, or committed any act or acts, thing or things whatsoever, whereby the said Obligation, or all, or any of the sum or sums of money therein conteined, or any action or act. sute or sutes, plaint or pl. commenced or to be commenced thereupon, or any judgement or judgements thereupon hereafter to be given, now be, or at any time hereafter, shall be released, discharged, discontinued, nonsu­ted, disallowed, or otherwise hindred, or made void, or frustrate, or whereby the said P. M. his executors, administrators or assigns, in the name of the said R. H. his executors, or administrators, shall not or may not recover & have the said sum or sums of mo­ny, in the said Obligation mentioned, and execution or executi­ons of the said judgement (all and every such act and acts, thing and things whatsoever, as is wrought by these presents only ex­cepted and foreprized.) And that he the said R. H. his executors &c. nor either, nor any of them, Covenant, nor to revoke, nor by any other way or means to frustrate this letter of attorney, no any thing therein contained. shall or will at any time or times after the date of these presents, revoke, countermand, disannul, or make void, or by any other way or means whatsoever make, frustrate or adnihilate the said Letter of Attorney, nor any liber­ty, licence, power, authority, or thing in these presents contained, but shall and will from time to time, and at all times hereafter, justifie and allow, uphold, maintain and avow the same, and e­very matter and thing therein contained, or thereby covenanted or granted, and all and every such sute and sutes, execution and executions, act and acts, thing and things, as the said P. M. his executors, administrators, or assigns, shall and will at his and their proper costs and charges, take, commence, prosecute and follow, in the name of the said R. H. his exec. or adm upon or by reason of the said Obligation. In Witnesse whereof &c.

A Deed of Feoffment of Gavelkind lands, by an Infant, according to the Custom.

TO all Christian People to whom this present Writing shall come, L.B. of S. in the County of K. Yeoman, greeting, &c. Whereas T. B. Gent, late of S. aforesaid deceased, Father of me the [Page 174]aforesaid L. died seized in his demesn as of Fee, or divers messua­ges, lands, tenements and hereditaments, with the appurten. in S. aforesaid, & elsewhere in the aforesaid County of K. which were in the tenure and nature of Gavelkind, and which after the death of the aforesaid T. B. to one T. B. I. B. and me the aforesaid L. B. Sons and Heirs in Gavelkind of the aforesaid T. our Father, by in­heritance, according to the custom of Gavelkind aforesaid, Recital of a partition by Deed inden [...]pted before the Feoffment. descen­ded, and ought to descend: Of which said Messuage, &c. and o­ther hereditaments, with their appurtenances, to us the aforesaid T. B. and me the aforesaid L B. Sons of I. B. aforesaid descended, a division and partition between us was made; by which division and partition of the Messuages, &c. in this my Writing indented, hereafter mentioned and speci [...]ied to me the aforesaid L. were al­lowed & assigned unto me for my part and purpart, as by certain Indentures tripartite between the aforesaid T. B. the Sons on the one part, and the aforesaid I. B. on the second part, and me the a­foresaid L. B. on the third part, bearing date before the date of these presents more fully is manifested and appeareth. And where­as also, according to the custom of Gavelkind, frō the time where­of the memory of man is not to the contrary, hath been used and approved, Recital of the Custom of Gavelkind, whereby the Infant above the age of 15. may make a Feoffment. that it should be lawfull for an Heir in Gavelkind, when he shall attain to the age of 15 years, to give & sell the same lands and tenements at their wills; Know ye now, that I the aforesaid L. B. being of the age of 19 years and upwards, according to the cu­stom, for, and in consideration of the sum of, &c. of lawfull, &c. to me the aforesaid L. by I. H. of &c. well and truly in hand paid, have given, granted, and sold unto the aforesaid I. H. his heirs and Assigns, one messuage or tenement, with all the edifices, &c. sit. &c. and now or late in the tenure or occupation of, &c. And also all that my part and purpart of all and singular messuages, &c. whatsoever, with their appurtenances, which to me the aforesaid L. B. as Son and Coheir in Gavelkind to the aforesaid T. B. my Father, descended, or ought to descend, situate or being in S. a­foresaid, or elsewhere in the aforesaid County of Kent, To have and to hold the aforesaid Messuage or Tenement, together with all and singular the premises, with all and singular their appurte­nances, to the aforesaid I. H. his heirs & assigns, to the only pro­per use and behoof of him the said I. his heirs and assigns for ever; To be holden of the chief Lord of the Fee thereof, by the services for the same formerly due, and of right accustomed. In wit­nesse, &c.

An Assignment of an Executorship, with Cove­nants from the Assignee, to save harmlesse, &c. the Assig­nor; also a Grant of an Annuity.

This Indenture, &c. Between E. G. of &c. and S. H. of &c. Exe­cutors of the last Will and Testament of I. G. Gent. deceased, of th'one part, and T. R. of, &c. on the other part, Witnesseth, that whereas there have been divers sutes and controversies between the said E. G. and S. H. and the said T.R. as well about the Ward­ship of F: E. and G:G. Daughters and Coheirs of the said I. G. as also about the last Will and Testament of the said I. and about certain Legacies therein contained, and by the same given and be­queathed unto Dame G. P. now the wife of I. P. Knight, and late the Wife of the said I. G. And whereas also there is in the said last Will and Testament, a certain clause and appointment for the gi­ving of an accompt by them the said E. and S. This grant was made for the conclu­ding of certain controversies which were betwixt the parties, as ap­peareth by the [...]ecital. unto the said three Daughters of the said I. G. severally at their several ages of 16 years, and unto the abovenamed T: R. or unto one of them, of the receipts of the rents, issues, and profits of the lands and tenements of the said I. as in and by the said Will & Testament, more plain­ly and at large it doth and may appear. Now, for a final ending and appeasing of all and singular the said sutes and controversies, and for establishing of a perfect agreement between the said par­ties, and to the end and intent that the said last Will and Testam. of the said I. G. and his meaning therein declared may thereby the better be performed and fulfilled, And also that the said accompt appointed by the last Will and Testament of the said I. to be by the said E. and S. as aforesaid made, may be during the life of all the said parties given up and discharged, and by means thereof, and for, and in respect that the debts and legacies of the said I. are at this present almost satisfied, and that it may and will the better appear what sums of mony the said Daughters of the said I. will be co receive at their several ages according unto the last Will and Testament of their said Father; It is in & upon the con­sideration aforesaid, and divers others, covenanted, granted, and concluded upon, between the said parties, and every of them, their heirs, execut. administrators and assigns, in manner and form fol­lowing; And first the said E. G. and S. H. for and upon the consi­deration aforesaid, and divers others them thereunto especially [Page 176]moving, have given, granted, assigned, and set over, and doe by these presents, for them, their executors, administrators and as­signs, give, grant, assign, and set over unto the said T. R. all that Messuage, &c. and also the reversion and reversions, remainder and remainders, after the decease of A.G. Widdow, late the wife of H. G. deceased, and Dame G.P. now the wife of I. P. Knight, and late the Wife of the said I. G. or after the decease of either of them, and the estate and interest of them the said E. and S. of and in all and singular such Messuages &c. called the &c. as they the said A. G. and Dame G. P. or either of them, by devise, conveyance or assurance from H. G. & I. G. or either of them, have an estate in for term of their lives, or the life of either of them, the reversion, An Assign­ment of an Annuity or Annual Rent. or remainder thereof being by the last Will and Testa­ment of the said I. G. devised and bequeathed unto them the said E. and S. And furthermore the said E. G. and S. H. do by these presents give, grant, assign, and set over unto the said T. R. one Annuity, or annual rent of &c. issuing and going out of certain lands and tenements, sometimes R.V. situate &c. and all and sin­gular arrerages of the said annuity or annual Rent, And also the levying, taking, and receiving of all and singular the rents, issues, and profits of &c. situate, &c. To have, &c. all and singular the said messuages, &c. issues, revenues, and profits, and all and sin­gular other the said premises, with all and every their appurte­nances, unto him the said T. R. his executors, administrators, and assigns, for and during the whole time that the said premises are by the said last Will & Testament of the said I. G. devised & be­queathed unto them the said E. and S. their executors and assigns, and so long as, and in as ample manner and form to all intents and purposes, A grant of an annuity or an­nual rent un­til such a one shall come to the age of &c. and if she die before her said age, then until by computati­on, she might have come to her said age, if she had lived so long. as they the said E. and S. or either of them, their executors or assigns, are by the last will and testament of the said I. G. to hold and enjoy the same. And furthermore, they the said E. G. and S. H. for and upon the consideration aforesaid, have given, granted, and confirmed, and do by these presents, give, grant, and confirm, unto the said I. R. one annuity or annual rent of &c. of &c. to be issuing and going out of the Rectory and Par­sonage of M. and out of all and singular Messuages, glebelands, tithes, pensions, portions, and all other Hereditaments whatsoe­ver, with all and every their appurtenances, unto the said Recto­ry and parsonage, belonging, appertaining, or with the same at this present, or at any time heretofore, had, used, occupied or en­joyed, [Page 177]situate &c. To have, levy, perceive, receive, take, and year­ly enjoy the said annuity or annual rent, of &c. unto the said T.R. his exec. adm & assig. for, during, & until E.G. one of the Daugh­ters of the said I.G. shall or may accomplish the age of &c. The usual Covenants. if she so long live, & if she the said E. die before her said age of &c. for, during, until, & so long, as she the said E. if she had so long lived, might by computation of time have accomplished her said age of &c. at 2 usual Feasts and terms in the year, that is to say &c. and the first payment therof to begin at or on the Feast &c (A clause if the annu. be behind, to distrain) A prov. not to charge the per­sons of the Assig. and that the Assignors put the Assignee in pos­session, by delivery of 6d.) A clause that the Assignee peaceably enjoy the same, without any disturbance or incumbrance whatso­ever, and also that they the said E G. and S H. their Executors, Administrators and Assigns, or one of them, shall and will well and truly content, satisfie and pay, or cause &c. unto K G. one of the Daughters of the said H. G. Covenant by the Assignors, to pay certain legacies, gi­ven to a cer­tain person, & thereof to ac­quit and dis­charge, or save harm [...]ess the Assignee. all and all manner of such lega­cies, gifts and bequeaths, as are given and bequeathed unto her the said K. as well by the last will and testament of the said H.G. as also by the last will and testament of the said I. according un­to the intent, purport, and true meaning of the said several last wils and testaments of them the said H. and I. and in such manner and form as the said legacies and bequeaths of them the said H. and I. are limitted and appointed to be paid, and not other­wise, and thereof and every part and parcel thereof shall acquit, discharge, or otherwise well and sufficiently save and keep harm­lesse and indempnified, the said T. R. his heirs, executors, admi­nistrators, and assigns.) A clause that the Assignors Covenant to bring before any Judges, all releases, deeds, wills, Covenant by the Assignors to produce the evidences, and deliver them to the Assignee. the Inventory under their hands and seals to deliver unto him the said T. R. and also all the evidences touching any the Messuages &c. which the Assignors have in their hands, without sute in Law, and the said Releases &c. shall be redelivered unto the Assignors, &c. Now the said T. R. for and upon the consideration aforesaid, and to the intent and purpose that the said E. and S. their and every of their executors and administrators, may be secured and saved harmlesse of all matters, things, sutes, actions incumbrances and deeds, wherewith and whereby they or any of them may be char­ged and incumbred, as being Executors of the last will and testa­ment of the said I.G. and for divers other causes and considerati­ons him thereunto specially moving, doth by these presents for [Page 178]him, Covenant, by the Assignee to save harmless the Assignors from all ac­compts and charges, wher­with the assig­nors are char­gable, by rea­son of the last will, &c. And from debts & legacies▪ his heirs execut. administrators and assigns, covenant &c. in manner and form following; that is to say, &c) A clause that the Assignee shall at such times as the Assignors give up their ac­compts, well and sufficiently save harmlesse the Assignors from all charges, &c. wherewith and whereby they shall be chargeable for or by reason of the last will of the said I. G. unto any person or persons whatsoever, or by reason of any accompt by the Assignors as executors to be made or given up; And that the Assignee shall save harmlesse the Assignors from all legacies, debts &c. whereby the Assignors may be at any time arrested, &c.) A clause that the Assignee shall not only make in writing a true accompt of his re­receipts and disbursements, Covenant, that the Assig­nee shall give up a true ac­compt in wri­ting, & shall satisfie the ar­rerages. unto the Daughters and Children at their several ages, but also shall pay unto the Daughters & Chil­dren the arrerages which shall be upon his accompt found to be behind, remaining in his hands, at such days and in such manner and form, to all intents, constructions & purposes. as the Assignors by the last Will and Testament of the said I. are limited and ap­pointed, Covenant, that the assig­nors shall en­joy all such messuages, &c during [...]he time that the daughters shal remain in ward, without disturbance, &c. to do and perform the same.) A clause that the Assignors shall enjoy all such Messu. &c. during the time that the Daugh­ters shall remain Wards, without any disturbance of the, &c. or his Successors, or of any other person or persons whatsoever, clai­ming by, from, or under the, &c. by committment, grant, or other­wise howsoever, &c. by their procurements; And also that he the said T.R. his heirs, &c. shall and will, from time to time, and at all times hereafter well and sufficiently save, and keep harmlesse and indempnified the said E. G. & S. H. and either of them, their heirs; executors and assigns, and every of them, and their goods, chat­tels, Covenant, to save harmless the Assignors, their goods & estates, frō all actions & in­cumbrances, by reason of any accompt to be made, for the rents and profits of the messuages, &c. devis'd to one, & the heirs males of his body. lands, and tenements, of and from all manner of sutes, actions, incumbrances & demands whatsoever, wherewith, or whereby they the said E. and S. or either of them, their heirs, executors or administrators, or either of thē, shall or may, at any time or times herafter, jointly or severally be charged, damnified or incumbred, for, concerning, or by reason of any accompt or accompts to be made unto the Children of the said I. or any of them, or of any other person or persons whatsoever, of any the rents, issues, revenues, or profits at any time heretofore had, levied or received, or at any time hereafter, for and during the wardship of the Daughters of the said I.G. or any of them, to be had, received, levied or taken, of the said Messuages, &c. by the last Will and Testament of the said I. G. specified to be limited, devised, and [Page 179]bequeathed unto the said E. G. and the heirs males of his body; And that he the said E. his heirs, &c. shall and may, for, Covenant, that the devi­see may take the profits of the land du­ring the ward­ship of the heirs, without accompt ren­dring to any person what­soever. and du­ring the wardship of the said Daughters and heirs of the said I.G. or any of them, have, take, levy and perceive, all and singular the rents, issues, revenues and profits of all and singular the said premises by the last Will and Testament of the said I. G. de­vised & bequeathed unto the said E.G. and the heirs males of his body, unto the only and proper use of him the said E. his heirs, &c. without any accompt or other answering of the said rents, reve­nues and profits by him the said E. his heirs &c. during the time aforesaid, so to be had, levied and received, unto the Children of the said I. or any of them, or unto any other person or persons whatsoever, by vertue or reason of the said last Will and Testa­ment of the said I: G. to be thereof, or therefore made and gi­ven.] In witness, &c.

A Deed Pool, conteining a Feoffment of certain parcels of land, which the Feoffor had, int. alia, assured unto him upon a Common Recovery; with special warranty.

TO all persons to whom this present Deed Poll shall come, B. B. of, &c. sendeth greeting; Whereas P. A. of, &c. and M. his Wife, by their Indenture bearing date, &c. made between them the said P. & M. on the one party, and the said B.B. on the on the other party, did vovenant, grant, conclude, condescend, & fully agree, to and with the said B. B. that he said B. should and might before the Feast of, &c. then next ensuing the date of the said Indent, purchase and sue forth out of the Court of Chancery, one Orig. &c. (reciting the name, with the several parcels) as in and by the said Indent. more plainly and at large it doth and may appear; And whereas in the term of Easter the said B.B. did reco­ver the said premises, amongst other things by a writ of entry sur diss [...]isin in l' post, against the said P. A. and M. his wife, by the name of the moity of one Messuage, &c. with the appurtenances in B. according to the course of common recoveries, to the intent, purpose, and true meaning of the said recited Indenture, as in and by the said record in the Court of Common pleas, of Easter term, rotul. &c. more plainly and at large doth and may appear; Now know ye, that the said B. for and in consideration of, &c. unto him the said B. by T. I. of &c. well and truly in hand paid, whereof & wherewith he acknowledgeth himself to be fully satified and [Page 180]Paid, hath granted, enfeoffed, delivered and confirmed, and by these presents, &c. doth grant, enfeoff, deliver, and confirm unto the said T.I. his heirs, &c. the moity or one half of, &c. with their appurtenances, situate, &c.& also all and singular the said premi­ses in the said recovery mentioned, by the name of the moity of one Messuag, &c. with the appur. which said moity of the said Mes­suage, and other the said premises, the said B.B. hath and holdeth in common together with the said T.I. which said T.I. is lawful­ly seized in his demean as of Fee, of and in the other moity of the said Messuage, and other the premises; To have and to hold the said moity of the said Messuage, &c. and all and singular other the premises whatsoever, with all and every their appurtenances, unto the said T.I. his heirs and assigns, to the only and proper use and behoof of the said T.I. his heirs and assigns, for ever. And the said B. B. and his heirs, the said moity of the said messuage &c. with the appurtenances, against him, his heirs and assigns, and against the said P. A. and M. his Wife, their heirs and assigns, and against all person and persons, claiming in, by, from, or under them, or any of them, will warrant and defend for ever by these presents: (A clause that the premises are acquitted from all incum­brances.) And further that the said P. A. his Heirs and assigns, and M. now his Wife, and every other person and persons what­soever, any estate, right, title, interest, or thing lawfully claiming, having, or lawfully claiming to have, in the said premises, or any part and parcel thereof, by, from, or under the said B. his heirs or assigns, shall and will from time to time, and at all times here­after, The usual Covenant to make further assurance. during the space of &c. next ensuing the date of these pre­sents, upon reasonable request, and at the costs and charges in the law, &c. make better and further assurance, &c. Be it by Fine, Feoffment &c. So as the said assurance or assurances contain no further warranty or Covenant of Warranty than against the said P. and M. his Wife, and so that he be not compelled further to travel than the said Cities of London or Westminster, for the doing thereof. In witnesse whereof &c.

An Assignment from the Committee of &c. of the body, and lands of a Ward.

THIS Indenture &c. Between I.T. of &c. of the one part, and I. A. of &c. of the other part, Witnesseth, That whereas &c. [Page 181]by the advice of the Master and Councel of the Court of Wards and Liveries by his Indenture under the seal of the said Court of Wards and Liveries, bearing date, &c. was contented and plea­sed to grant, and by the same Indenture, did demise, grant, and to farm let unto the said I. T. parcel of the lands and possessions, late of W. N. Yeoman deceased, lying and being, &c thereafter in the said Indenture particularly set forth and declared, with their particular Rents by the year, that is to say one messuage or tenement &c. and certain lands tenements & hereditaments there­unto belonging, with the appurtenances, lying in A. in the said County, then in the tenure of G. or of his Assigns by the year &c. (reciting the particulars &c.) All which premises amount in the whole to the yearly value of &c. and which were in the hands & possession of &c. by the Minority of M.N. his &c. Ward, Daugh­ter and next heir of W. N. deceased; Except and always reserved out of the said grant (reciting the exception) rising and grow­ing in and upon the said messuages, lands, and other the premises with the appurtenances, or any part thereof; To have &c. the said messuages &c. with the appurtenances (except before excep­ted) to the said I. T. his executors and assigns, from the &c. which was in the year of our Lord &c. (in which the said W. N. died) during the minority of the said heir, yeelding and paying therefore yearly during the said time, to the Feodary of the said County of K. or to his lawfull Deputy for the time being, to his &c. use, the sum of &c. At the Feasts &c. by even and equal por­tions, over and above &c. yearly allowed to the Auditors Clerk for ingrossing the Accompts for the premises, with divers other Covenants, grants, and agreements in the said Indenture contai­ned, as in and by the same more plainly and at large doth and may appear. And whereas also the said &c. with the advice of the Master and Councel of the Court of Wards and Liveries, by his Indenture under the Seal of the Court of Wards and Liveries, bearing date &c. was contented and pleased to grant by the said Indenture, did commit and grant unto the said I. T. the custo­dy, wardship, and marriage of the said M.N. his &c. said Ward, as Daughter and next heir of the said W. N. deceased, without disparagement, with divers Covenants, clauses, grants, and agree­ments in the said Indenture specified and conteined, as in and by the same more plainly and at large doth and may appear; Now this Indenture Witnesseth, that he the said I. T. for and in consi­deration [Page 182]of a competent sum of money unto him the said I. T. by the said I. K. in hand paid, Covenant, by the Assignee, to pay al rents due to the King for the premises, & to save the Assig­nor harmlesse from forfei­tures of oblig. made to the King for pay­ment of mo­ny, or perfor­mance of Co­venants. hath bargained, sold, given, granted, assigned and set over, and doth by these presents &c. unto the said I. A. his executors, administrators, and assigns, as well all and singular the estate, right, title, interest, possession, and term which the said. I. T. hath, or of right ought to have, of, in, or to all or any the said messuages &c. and other the said premises, and of, in, or to all profits, commodities and emoluments to the same belonging, or appertaining; As also all his estate, right, title, and interest, of, in, and to, the custody, wardship, and marriage of the said M.N. together with all and singular the right, title, in­terest, benefit, profit and commodity which the said I.T. his exec. or assigns, hath by virtue of the said recited Indenture, & of the a­greement from &c. and all other escripts and writings whatsoever concerning the said premises, Covenant, by the Assignor, that the pre­mises during the minority of the Ward, are cleer from all former bar­gains, &c. or any part or parcel thereof, & now in his custody or of any other person or persons by his delivery, To have and to hold unto him said I.A. his executors, administra­tors and assigns, and during the minority of the said M. N. and for and during all such time and term, and in so large and ample manner and form, to all intents, constructions and purposes, as he the said I.T. hath, may, should, or of right ought to have, hold, or enjoy the same, by force and means of the said recited Indenture, writing, Covenant of quiet enjoy­ment without expulsion, &c. and conveyance, or by either of them, or by any other way or means whatsoever; and he the said I.A. his heirs, &c. do Cove­nant to pay all rents by the said recited Indenture payable unto, &c. for the said recited premises, and every part and parcel there­of, Covenant, that the Assig­nee shall re­ceive the pro­fits, and en­joy the ward­ship, &c. as the Assignor might, And that the Assig­nor hath not, nor will not do any act, whereby the Assignee shall be ba [...]red to receive any benefit, &c. and to save harmless the assignor from all forfeitures of any obligation unto, &c. for the payment of any sum of mony, for the custody of the said M. or for the performance of any covenants, &c. mentioned in the said recited Indenture, &c. And the Assig­nor doth covenant, that the premises during the minority of the said Ward are cleerly acquitted from all former bargains made by the said I.T. or by his procurement (the rents, grants, covenants & agreements expressed in the said recited Indenture always ex­cepted and foreprized) and that the Assignee shall quietly enjoy the premises without expulsion or interruption of any person or persons whatsoever, from or under the Assignor; And that the Assignor shall permit the Assignee to receive the profits, &c. and to enjoy the custody, wardship, and mariage, profit and benefit of the said M. as the Assignor might or can be intituled, &c. And [Page 183]that the Assignor hath not heretofore don or committed, Covenant, that the assig­nee at his own charges, shall defend the premises, and his title therein, a­gainst any prosecution against the Assignor, in the name of the Assignor, in such man­ner as the as­signee shall direct the same, being not contrary to the Law, nor to the Covenants in the said reci­ted Inde­ture, and that the assignor, upon request will do &c. all lawful acts, in and about the same, as the Assignor shall direct. or shall voluntarily or wittingly do, or commit any act or acts, release or releases, that the assignee shall or may be barred to receive any benefit of all or any the said premises, &c. contrary to the true meaning of these presents, and also that he the said I.T. his excecu­tors, administrators, and assigns, upon any Bill of traverse, and upon all and every sute and sutes to the hereafter prosecuted a­gainst him the said I. T. his exec. admin. and assigns, for the impeaching and overthrowing the &c. title, in or to the said pre­mises, shall and will permit and suffer the said I. A. his executors and assigns, in the name of him the said I.T. his executors and as­signs, and at the costs and charges of him the said I.A. his execu­tors and assigns, to maintain and defend the same su [...]e, in such sort and manner as the said I.A. his excecutors or assigns, shall direct and limit, the same not being contrary or repugnant to the law, nor the Covenants, grants, nor agrements, mentioned in the said recited Indenture, & that he the said I.T. his excecutors & assigns, shall and will in convenient time, after request, and at the costs and charges in the law of the said I.A. his executors and assigns, doe and execute, and consent to the doing and executing of all and singular such lawfull act and acts, thing and things, in and a­bout the same, as the said I.A. his executors and assigns shall di­rect, limit and appoint. In witnesse whereof, &c.

An Indenture of Grant and Covenant, whereby one may discharge some part of land, liable to a rent charge, and not discharge the residue, Notabenè.

THis Indenture, &c. Between I. S. of &c. on the one part, and S.H. of &c. on the other part, witnesseth, That whereas T. G. the elder, of &c. and P.G Son and heir apparent of the said T. by their deed indented, bearing date, &c. did give, grant and confirm, unto one G.A. of &c. one annuity or annual rent of &c. going forth and to be received of all their lands, tenements and hereditaments with their appurtenances, situate, lying, and being in &c. or else wheresoever within the Commonwealth of Eng­land, to be had, held, and yearly received to the said G.A. his heirs and assigns at two terms in the year, that is to say &c. And the first payment to begin upon the feast of &c. next following after the date of the said Deed, and that if the said annuity or annual [Page 184]Rent were behind and unpaid, in part or in the whole, after any of the said feasts, in which the same was by the said Deed limi [...]ted and appointed to be paid, that then, and so often it should be law­full, to and for the said G.A. his heirs and assigns, into all and sin­gular the said lands, tenements, and hereditaments, with their ap­purtenances, and every part and parcel thereof to enter and di­strain, and the distresse there found, to take, carry away, impound and detain, until the said annuity or annual rent, and the arreara­ges thereof, if any were, with the damages, costs, and charges, by that means sustained, were fully satisfied and paid, unto the said G.A. his heirs and assigns, as in and by the said Deed more at large it doth and may appear; And whereas also the estate, right, title, and interest of the said G.A. of, in, and to the said an­nuity or annual rent, is by lawfull and good conveyance, come conveyed and assured unto the said I.S. and his heirs; Grant, that if the Assignee of the rent shall take or cause to be ta­ken, any di­stresse for the Rent, upon the Lands of S. who pur­chased parcel of the lands liable to the Rent, that then the rent should cease and be void. Now the said I.S. doth by these presents, for him, his heirs, executors, ad­ministrators, and assigns, grant unto the said S.H. his heirs, execu­tors, administrators, and assigns, that if he the said I.S. his heirs, executors, administrators, or assigns, or any other person or persons claiming, in, by, from, or under him the said I. S. his heirs or assigns, or by his or their consent, assent or procure­ment, shall or do at any time or times after the date of these pre­sents, distresse, or take, cause or procure to be taken, any distresse or distresses for the said annuity or annual rent, or for any part or parcel thereof, or for any the arrerages of the same, in any the lands, tenements, and hereditaments of the said S. H. which he the said S. hath heretofore purchased of the said T.G. and P.G. or either, or any of them, that then the said annuity or annual rent shall cease and be void in the Law, to all intents, constructions, and purposes; And the said I.S. doth further by these presents, for him his heirs, executors, administrators and assigns, promise and co­venant, to and with the said S.H. his heirs, Covenant that neither the assignee, nor any one clai­ming under him, nor the first grantee, or any one claiming un­der him, or a­ny other, by his or their consent or p [...]ocurement, shall take any distresse for the said rent upō the lands of the said S. Covenant, not to take any judgement for costs or dama­ges, or other advantage by ret [...]. [...]ab [...]nd. or by nonsu [...]e or descent of any replevin, now depen­ding, &c. And that nei­ther the Assig­nee, nor any other by his assent wil pro­secute any sute hereto­fore depen­ding, for any distress for the said rent. executors and assigns, that neither he the said I.S. his heirs, executors, or assigns, or any other person or persons claiming, in, by, from, or under him the said I.S. his heirs or assigns nor by his or their commandment, as­sent, consent or procurement, nor the heirs, executors, or assigns of the said G.A. nor any other person or persons, claiming, in, by, from or under the said G.A. his heirs, executors, or assigns, or by their, or any of their assents, consents or procurements, shall nor will at any time or times after the date of these presents, distresse, [Page 185]or take, or cause, or procure to be taken any distresse or distresses, for the said Annuity or Annual rent, or for any part or parcel thereof, or for any the arrerages of the same, in any the lands, te­nements and hereditaments of the said S. H. which he the said S. hath heretofore purchased of the said P.G. and T.G. or either or any of them. And further, that he the the said I.S. his exec. or assigns, neither shall nor will take any judgement for any costs or damages, or take any other advantage or benefit by returno haben­do, or by any other way or means whatsoever, for any nonsute or discontent hereafter to be made of any replevin, now depending at the site of I. H. Lessee of the said S. against the said I. S. or a­gainst any other person or persons whatsoever, for any distresse or distresses heretofore, for the said Annuity or Annual rent, or any part or parcel thereof, or any the arrerages of the same; and also, that neither he the said I S. his excecut. or assigns, nor any other person or persons, by his assent, consent, or procurement, shall or will from henceforth prosecute or cause to be prosecuted any Sute or Sutes heretofore commenced, or depending, for or about any distresse or distresses, heretofore for the said Annuity or Annual rent, or any part or parcel thereof, or any the arrerages of the same taken. In Witness whereof, &c.

A Deed Poll of revocation of uses, according to a Proviso by other Indentures; as also a limitation of new uses.

TO all persons, &c. whereas by certain Indentures, bearing date &c. made between me the said E.G. of th'one part, and W.I. Minister of B. aforesaid, R.S. of the said Parish of B.P.M. of, &c. and P.H. of, &c. on the other part, It was for the causes and con­siderations in the said Indenture specified, covenanted, granted, concluded and agreed, between the said parties to the said Inden­tures, and every of them did covenant, grant, conclude and agree, to and with the other of them, their heirs, executors and assigns, by the said Indenture, and amongst other things in manner and form as followeth; that is to say, First, I the said E G. did by the same Indenture, for me, my heirs, executors, administrators and assigns, and every of them, covenant, grant, conclude, and agree, &c. (reciting the words in the Indenture specified) In which Indenture there was also one proviso or condition specified and conteined in these words, or to this effect, as follows; that is to say, Provided al­ways, [Page 186] &c. as in and by the said Indenture more plainly & at large it doth and may appear. And wheras also for the accomplishment and performance of the Covenants, grants and agreements, in the said recited Indenture conteined, the said premises in the aforesaid recited Indenture specified, were by one Deed indented, purpor­ting a Feoffment, bearing date with the said recited Indenture, conveyed and assured by me the said E.G. unto the said W.I.R.S. P.M. and P.H. and their heirs, unto the uses, intents, and purposes in the said recited Indenture mentioned and expressed, and accor­ding unto the true intent and meaning of the said recited Indent. as in and by the said Deed it doth and may more plainly, and at large appear; Now know ye, that for as much as the said F.G. Son of I.G. late of R.G. deceased, being the party in the aforesaid reci­ted Indenture, meant, intended, and named, hath reformed him­self, and that he the said F.G. hath one E. G. his Son, being issue male of his body lawfully begotten, at the time of the date and in­sealing & delivery of these presents, in full life, I the said E. G. ac­cording unto the power and authority to me the said E.G. by the said recited Indenture, and Proviso in the said recited Indent. spe­cified, limited & given, and by vertue thereof, have by this my pre­sent Deed in writing, under my hand and seal, and delivered ac­cording unto the purport of the Proviso aforesaid, in the presence of two sufficient witnesses at the least, changed, altered, revoked, and do by these presents change, alter, and revoke, absolutely in the whole, the use and uses by the aforesaid recited Indenture un­to the said G.H. and his heirs limited and appointed, of all & sin­gular the said premises, with th'appurtenances, in the said recited Indent. specified, and of every part and parcel thereof. And I the said E.G. do further by these presents, in such, and in as ample manner, as by any proviso or power of alteration, determination or revocation I lawfully may, or can absolutely disannull, deter­mine and revoke all and singular former conveyance and convey­ances, assurance and assurances whatsoever, heretofore of the said premises in the said recited Indenture specified, made or executed, and all and singular the use and uses, by the said conveyances, or any of them, to any person or persons, of any estate in Fee-simple, Fee-tail, or otherwise limited or appointed, in such, and in as am­ple manner, as if the same assurance, use or uses, or any of them, had never been had, made or mentioned. And furthermore, know ye, that I the said E.G. for divers good causes and considerations [Page 187]me thereunto especially moving, do by these presents, for me, my heirs and assigns, limit and appoint, Limitation of new uses. that the said W.I.R.S. &c. their heirs and assigns, and all and every other Feoffee or Feoffees, of the said premises, in the said recited Inden­ture specified and contained, and all and every other person or persons seized of all or any my messuages, &c. with the appurte­nances, or any part thereof, shall stand and be seised, and that all and singular Feoffments, and all and every other former assurance or assurances whatsoever, thereof, heretofore made, shall be and inure, and are by the presents declared to be meant and intended to be and inure unto the use and behoof of me the said E.G. mine heirs and assigns for ever, any matter or thing in the said assu­rance contained to the contrary in any wise notwithstanding. In Witnesse, &c.

An Indenture by Baron and Feme, to levy, and li­mit the use of a fine of the Femes lands.

THIS INDENTURE &c. Between I. G. of &c. and I.G. Wife of him the said I. one of the Daughters and Co-heirs, of R.B. late of &c. deceased, of the one part, and I.D. of &c. on the other part, Witnesseth, That it is convenanted, granted, con­cluded, condiscended and fully agreed by and between the par­ties to these presents, And the said I.C. and I. his wife, for them, their heirs, executors, administrators and assigns, and every of them, do by these presents covenant, grant, conclude, condis­cend and fully agree, to and with the said I.D. his heirs, executors, administrators and assigns, in manner and form following, that is to say, that if the said I.G. and I. his wife, shall and will on this side, and before the feast of &c. next ensuing the date of these pre­sents, before the Justices of the Court of Common Pleast at West­minster, knowledge the Fine, Sur cognizance de drt. comeceque il ad de lour done unto the said I.D. and his heirs, with Proclama­tion, according unto the form of the Statute in such case had and provided, in due form of Law to be levied of all that the &c. (reciting the particulars, and with the same words as in former Presidents for the like cases are mentioned) In Witnesse whereof &c.

An acknowledgement of the receipt of certain moneys, due upon the sale of certain lands, and a release of the same, and of all security taken therefore, and a re­lease of all Covenants in certain Indentures, with a general release.

TO all persons &c. Know ye that I the said A. have had and received the day of the date thereof, of T. D. of &c. the sum of &c. in full discharge and satisfaction of all such sum & sums of money, as the said T.D. was to pay unto the said A. for the Ma­nor, or Capital messuage of W. in the said County of [...]. and the lands, tenements & hereditaments, which the said T.D. lately had and purchased of me the said A. as by the assurance thereof made more at large appeareth. And I the said A. do by these presents, for me, my heirs, executors, administrators and assigns, remise, re­lease, and quit claim unto the said T.D. his beirs, executors, and assigns, the said debt of &c. and every part and parcel thereof, and all and singular Covenants, Recognizances, duties and deeds, and all other security, and assurances whatsoever by him the said T.D. unto me the said A. for the payment of the said sum of &c. or for the payment of any part or parcel therof, heretofore made, acknowledged, or given. And I the said A. do further for me, my heirs, Release of Covenants in certain In­dent. executors, administrators, and assigns, by these presents remise, release, and quite claim unto him the said T.D. his heirs, executors, administrators and assigns, all and singular Covenants, Grants, Articles and Agreements on the part and be­half of him the said T.D. his heirs and assigns, unto me the said A. mine heirs, executors or assigns, covenanted, granted, conclu­ded or agreed upon, Release of R [...]ogn. specified and contained in certain Indentures made between the said T.D. on the one part, & me the said A. on the other part, bearing date, &c. And also all Becogn. of the sums of &c. entred into by the said T.D. unto me the said A. and bea­ring date the &c. And all and singular actions, judgements, executions, sutes, quarrels, debates, debts, duties, and de­mands whatsoever, which I the said A. mine heirs, executors and administrators, have, shall, may, or ought to have, or am, or shall be, A ge [...]eral Release. in any sort, intituled unto, in, upon, or by reason of the said Recogn. or of any covenant, grant, clause, article or agreement in the said recited Indenture specified or contained. And further also know ye, that I the said A. have for the consideration afore­said, [Page 189]remised, released, and quite claimed, and do by these pre­sents, for me, my heirs, execut. administ. and assig. remise, release, and quite claim unto the said T.D. his heirs, exec. administrators and assigns, all and all manner of actions, entries, covenants, grants, agreements, Recogn. Judgements, executions, sutes quar­rels, controversies, debates, debts, duties, and demands whatsoever, which I the said A. my heirs, executors, administrators, and as­signs, have, may, shall or ought to have, or am, or shall be inti­tuled unto, for any cause or matter whatsoever, from the begin­ning of the world, until the day of the date of these presents. In witnesse whereof, &c.

A Condition, that the Obligor was lawfully sei­sed of the premises, at the time of granting of the Annuity, with other usual clauses conteined in such Grants.

THe Condition, &c. That whereas the within named T. P. and I.P. by their Deed Indented, beating date with these presents, have given, granted and by the same their Deed confirmed unto the within named E.H. his heirs and assigns, a certain Annuity or yearly rent of, &c. yearly issuing and going out of the Manor of, &c. with th'appurtenaces, and out of all the lands, tenements, and hereditaments, belonging or appertaining, or with the same now, or at any time heretofore held, occupied or enjoyed, sit. &c. And out of all other Messuages, &c. whatsoever, with their appurte­nances of them the said T.P. and I.P. or either of them in R. afore­said in the said County of K. under a certain condition in the said. Deed cont [...]ined, as in and by the said Deed more at large it doth and may appear; The usual clause that the grantor is sei­sed of a lawful & indefeasible estate in fee, in his own right, of the premises, out of which, &c. If therefore the said T.P. and I. P. or either of them, were at the time of th'ensealing & delivery of the said Deed, solely, lawfully, and rightfully seized in his or their demesn, as of Fee-simple, of a good, sure, lawfull, rightfull, absolute, and indefea­sible estate, and of and in all and singular the said Manor, &c. with th'appurtenances, and of and in all other the Lands, tenements and hereditaments, and all other the premises, with th'appurtenances, out of which the said Annuity or year­ly Rent is mentioned to be issuing, And that the said T.P. and I. P. or either of them, And that he had lawfull power to charge the same. at the time of th' ensealing and delivery of the said Deed, had good, right, lawfull power, and authority, in his or their own right, to charge the said Manor, &c. and all other the premises, with th'appurtenances, out of which the said Annui­nuity [Page 190]or yearly rent, according to the purport of the said Deed is mentioned to be issuing, And also if the said Manor, &c. and all o­ther the premises, with the appurtenances, and every part and parcel thereof, out of which the said annuity or annual rent is mentioned to be issuing, Clause, that after any de­fault in pay­mēt, the lands shall be over, liable, & suffi­cient to the distresse, &c. That the land is, & shall so continue, of the cleer year­ly value of, &c over & above all charges & reprizes. And that the gran­tee shall peaceably en­joy the rent. The usual clause that the premises are acquitted, &c. or else shal be sufficiently sa­ved harmlesse from all for­mer bargains, sales, &c. shall from time to time, and at all times from and a­ny default in payment to be made of the said annuity or yearly rent, or of any part thereof, at any of the time and times limitted for the payment thereof, be overt, liable, and sufficient, to the distresse and distresses of the said E.H. his heirs and asigns, and that the said Ma­nor, and other the premises, with th'appurtenances, out of which the said Annuity or yearly rent is mentioned to be granted, now be, and from time to time, and at all times hereafter, shall continue, remain and be, of the cleer yearly value of, &c. over and above all charges and reprises whatsoever. And that the said E.H. his heirs and assigns, shall, or lawfully may, from time to time, & at all times, peaceably & quietly have, perceive, take and enjoy the said Annuity or yearly rent, according to the purport of the said Deed. And further, if the said Manor, &c. and all other the premises, out of which the said annuity or annual rent is mentioned to be issuing, at the time of th'ensealing and delivery of the said Deed, be, and so from time to time, and at all times hereafter, shall continue, remain, and be acquitted and dis­charged, or else; from time to time, and at all times hereafter suffici­ently saved harmlesse and indemnified, of and from all and all man­ner of former bargains, sales, gifts, grants, alienations, intails, leases, statutes, judgements, executions, intrusions, and all other interests, titles, charges and incumbrances whatsoever. That then, &c. or else, &c.

An Assignment of Dower by the Heir, unto the Feme.

TO all persons, &c. T.S. of, &c. Son of T.S. late of H. aforesaid deceased, sendeth greeting. Whereas the said T.S. Father of me the said T. was during his life lawfully seised in his demean as of Fee, and at the time of his death died so lawfully seised, of, and in divers lands and tenements, of which M. late wife of the said T. and now wife of R.G. Citizen of London, was at the time of his death indow­able, and thereof ought to have a full third part, assigned, limitted and appointed unto her for her Dower; Now know ye, that I the said T.S. in consideration, and for the Dower of her the said M. [Page 191]have assigned, limited, and appointed, and by these presents do as­sign, limit, and appoint, unto the said R.G. and M. now his Wife, Mother of me the said T.S. and late the Wife of the said T. for the Dower of her the said M. one piece and parcel of Land, with the appurtenances, commonly called and known by the name of V. containing in the whole by estimation, &c. whether more or lesse, situate, lying and being in &c. and boundeth and butteth, &c. as the meets and bounds do divide and shew, and are well known, to have &c. the said premises with the appurtenances, un­to the said R.G. and M. his Wife, for the Dower of her the said M. for and during the natural life of M. for and in the name of the reasonable dower of her the said M. In Witnesse whereof &c.

A Deed poll of receipt of a sum of money, accor­cording to a Proviso contained in certain Indentures, and an Acquittance thereof.

TO all Persons, &c. P.H. &c. sendeth greeting, Whereas in one Indenture made between R.G. of &c. of the one part, and E.H. of &c. [...]. I. of &c. R.S.P.H. and R.G. of &c. of the other part, and bearing date, &c. there was contained one proviso (amongst other covenants, clauses, and agreements) in these words following, that is to say, Provided always, and upon condition of &c. (reciting the Pro [...]iso verbatim, and then as followeth.) As in and by the said Indenture at large and plainly doth and may appear; Now know ye, that I the said P. H. have the day of the date of these presents, and within the space of &c. next ensuing after the decease of the said R.G. late of C. in the said proviso na­med, had, and received, in the South porch of the Parish Church of B. aforesaid, of the said R.G. of B. the just and full sum of &c. for and towards the payment of the debts, legacies, and perfor­mance of the last Will and Testament of him the said R.G. of C. a­foresaid, according to the effect, purport, intent, and true mea­ning of the said recited proviso in the said Indenture contained, The receipt of which said sum of &c. I the said P. H. do by these presents, thereof, and of every part thereof, acquit and discharge the said R.G. his heir, sexecutors and assigns, by these presents. In Witnesse whereof, &c.

A Deed of Gift, of Hay and Corn in Barns, toge­ther with the Barns, as also of Corn standing, with the soyl whereupon &c. and of goods in particular.

THis Indenture &c. Between I.B of &c. of the one part, and R.L. of &c. on the other part, Witnesseth, That whereas the said I.B. is and standeth debted unto the said R.L. in the sum of &c. He the said I.B. for and upon the consideration aforesaid, hath given, granted, bargained and sold, and by these presnts doth give, grant, bargain and sell unto the said R.L. his executors, ad­ministrators and assigns, all and singular his Hay, Wheat, Barley, and Oates, Grant of the Hay and Corn and B [...]rns. lying and being in any the Barns or Stacks of him the said I.B. in H. or B. or elsewhere in the said County of K. The which said premises do by estimation contain and amount unto the rates and quantities hereafter following, that is to say, the said Hay doth by estimation amount unto the quantity of 42 loads, or thereabouts, (and so recite the residue) And the said I.B. doth for the consideration aforesaid, grant unto the said R.L. his executors and assigns, the barns and rooms where the said pre­mises do now lie and remain, together with free liberty, and also free ingresse, egresse, and regresse, and passage, in, by, over, and through any the said lands and tenements, now in the tenure and occupation of him the said I.B. and every, or any part or parcel thereof, as well to fetch, take, and carry away the said premises, or any part thereof, with Wayns, Carts, or otherwise, at the will and pleasure of the said R.L. his executors and assigns. As also to throw out, or bestow, the chaff, straw, or other things coming thereof, in or upon such part of the said lands as is or shall be near adjoyning unto any of the said barns or places, where the said pre­mises lie & remain, at any time or times until the Feast day of &c. next ensuing the date of these presents. And the said I. B doth for the consideration aforesaid, give, grant, bargain and sell unto the said R.L. his executors and assigns, all and singular the Wheat and crop of wheat of him the said [...].B. standing or growing in or upon any the lands, now or late in his tenure or occupation in B. aforesaid, Grant of the Corn grow­ing, together with the ground. in the said County of K. containing in the whole 8 a­cres, whether more or lesse, together with the ground whereup­on the same doth now stand or grow, and free liberty, ingresse, e­gresse, regresse, and passage, for him the said R.L. his servants and [Page 139]workmen, in, by, over and through any the lands or tenements now in the tenure or occupation of him the said I.B. to cut down, mow, take and carry away, with carts, wayns, or otherwise, at the free will and pleasure of the said R.L. or his assigns, the pre­mises or any part thereof, untill the feast of &c. next ensuing the date hereof. And the said I.B. doth further for the consideration aforesaid give grant, bargain and sell unto the said R.L. his execu­tors and assigns, all and singular the goods, and chattels, Grant of the goods and chattels; real and personal. real and personal, of him the said I.B. mentioned, expressed, contained or set down in a certain schedule indented, unto these presents an­nexed. To have and to hold the said Hay, Wheat, goods, chartels, and all and singular other the premises, with all and every their appurtenances, unto the said R L. his executors, administrators, and assigns, for ever, to the only and proper use and behoof of him the said R. his executors and assigns for ever. And the said R. L. doth for him, his heirs, exec. adm. and assigns, covenant and grant, to and with the said I.B. his executors and assigns, Covenants, by the grantee to pay unto the grantor, &c. upon request so much as the premises shall amount unto, above the sum of &c. necessary charges and expences al­lowed. that if he the said R.L. his executors and assigns, shall and do make of the said premises, before by these presents unto him given, granted, bargained and sold, above the said sum of &c. allowing unto him the said R.L. his executors, and assigns, all such charges and ex­pences which he the said R. his executors, and assigns, shall be at, in the keeping, ordering, or setting the said premise, or other­wise be put unto, in, about, or concerning the same, that then he the said R.L. his executors and assigns, shall and will at all time and times, upon request unto him the said R. his executors or as­signs, by the said I.B. his executors or assigns, had or made, with­in the space of &c. next after such request content or pay, or cause to be contented or paid unto the said I. B. his executors or assigns, at or in the &c. of H. aforesaid, all such overplus sum and sums of money as he the said R.L. his executors or assigns shall make of the said premises, with the allowances aforesaid, above the said sum of &c. And the said I.B. hath put the said R. L. in full and peaceable possession by deliverry of one Oxe, parcel of the premises, before in these presents mentioned to be bargained and sold. In witnesse whereof, &c.

The Schedule in this present Indenture mentioned, The schedule. containing and expressing such goodt and chattels as are meant and intended to be bargained, sold, assigned, and set over by these presents, to which same is annexed. Imprimis four Oxen, &c.

A Release of Errors upon a Fine.

TO all Persons to whom these presents shall come, I.P. of, &c. sen­deth greeting, Know ye, that I the said I.P. for divers good, &c. have remised, released, and for me, my heirs, &c. for ever quite clai­med, and do by these presents for me, my heirs and assigns, remise, release, and quite claim unto I.S. of B. in the said County of K. Gent. his heirs and assigns, all and singular right, title, use, interest, claim and demand, which I the said I.P. my heirs, executors and assigns, or a­ny of them have, may, can, shall or ought to have, challenge or de­mand, in, or unto the lands, tenements and hereditaments, with their appurtenances, or any of them, which he the said I.S. lately had and purchased of me the said I. P. sit. lying and being in S. in the said County of K. And also all and all manner of actions, and writs of Error and Errors, and all and every Error and Errors whatsoever, which I the said I.P. mine heirs, executors & assigns, or any of them, may, can, or might have, or am, or shall be in any sort intituled un­to, in or upon any Fine or Fines, or otherwise, against the said I. S. his heirs and assigns. In witnesse whereof, &c.

A Condition that if the wife survive her husband, that his Executors shall pay unto the wife, the sum of, &c.

THe Conditions, &c. that if A. M. wife of the within bounded I. M. shall fortune to survive and overlive him the said I.M. Then if the heirs, executors, administr. or assigns of the said I. M. shall and do well and truly content, satisfie and pa [...], or cause to be well and truly contented, satisfied and paid, unto the said A. M. her exe­cutors and assigns, the sum of, &c. within, &c. next after such the death and decease of the said I.M. at or in the, &c. within written, That then, &c.

A Letter of Attorney, authorising to enter into cer­tain lands, and after entry, to seal and deliver a Deed subscribed by the M. by which those lands are conveyed over, &c.

TO all Persons, &c. W. H: of, &c. sendeth greeting, Know ye, that I the sa [...]d W.H. for divers &c. have authorized, appointed, and in my place put, and do by, &c. my loving friend S.B. of &c. my true and lawfull Attorney, for me, and in my name, to enter into cer­tain [Page 195]land and wood-land, commonly called and known by the name of, &c. or into any part or parcel thereof, and into all and singular the lands, tenements and hereditaments specified and con­teined in a certain writing, being of the date hereof, by me sub­scribed, and unto these presents annexed, or into any part or par­cel thereof, in the name of the whole, and after such entry made, to seal the said writing by me subscribed, and to these presents as aforesaid annexed, and the same as my Act and Deed unto the said I.B. in the said writing named, or to his certain Attorney in that behalf appointed, to deliver; Ratifying and allowing by these presents whatsoever my said Attorney shall do, or cause to be done, in or about the doing of the premises. In Witnesse whereof, &c.

An Indenture of Covenants, to lead the use of a Fine, Feoffment, &c. In consideration of natural affection.

THis Indenture, &c. Between Sir R.M. of, &c. Knight, of th'one part, and Sir P.W. Knight, and P.W. of, &c. Esquire, and A.T. of, &c. on the other part, Witnesseth, that the said Sir R.M. for and in consideration of the natural love and affection the which he hath and beareth unto I. M. his Son and Heir ap­parent, and for his advancement, and for the present maintenance of the Heir of him the said R. and to the intent his Daughters may have convenient portions to maintain them, and to preferr them in Marriage, And also for the establishing the Manors, lands, and tenements, and other the hereditaments, with th'appurtenances, hereafter mentioned, to such uses, intents and purposes as are hereafter limited and appointed, doth by these presents, for him, his heirs and assigns, covenant and grant, to and with the said Sir P.W. &c. their heirs and assigns, and every of them, that he the said Sir R M. his heirs and assigns, shall and will on this side and before, &c. by his sufficient Deed of Feoffment, Fine, recovery, or other good and sufficient conveyance and assurance in the Law, well and sufficiently convey and assure unto the said Sir P.W. &c. their heirs and assigns, all and singular that his Manor of, &c. (re­cite the particulars,) with their appurtenances; which said Feoff­ment. Fine, Recovery, and other conveyance and assurance, and any and every of them, to be as aforesaid made, shall be and inure, and is limited, declared, and appointed to be and inure, And [Page 196]the said Sir P.W. &c. their heirs and assigns, and every of them, shall, from and after the said Feoffment, or other assurance as a­foresaid made, stand and be seized of the Manor, and all the pre­mises before intended to be as aforesaid conveyed, with all and every their appurtenances, and of every part and parcel thereof, to the uses, intents, and purposes hereafter in these presents ex­pressed, and to none other use, intent or purpose whatsoever, that is to say, to the use and behoof of him the said Sir R. M. to the use and behoof of him the said I.M. Son and heir apparent of the said R. and of his assigns, for and during the term of his natural life &c. (and so recite the several limitations of uses, as it is to be intended,) And furthermore it is concluded and agreed, by and between the patties to these presents, and every of them, their heirs and assigns, and it is the true intent and meaning of the said Feoffment, Fine and other assurances of the said premises as a­foresaid to be made, The intent of the F [...]ffment, &c. to be made, is that the heir of the Feoffor shall have such a rent, during the life of the Feoffor, out of the premises; and that he may distrain for it, being behind, as for a rent charge. And to the in­tent likewise M. one of the daughters of the Feoffor should have the like rent with distresse for the same be­ing behind. Provided, that if M. marry without the consent of the Feoffor, or if the Feoffor bestow such a portion upon her in marri­age during his life, that the rent shall cease. Proviso, that if the Feoffor die before his Daughters are married, or before such as shall be mar­ried have re­ceived their portiō of, &c. that then the Feoffees shall stand seized to the use of them, untill they have re­ceived, &c. Proviso, to determine the uses aforesaid, to the Daugh­ters, upon payment of their several portions by the heir. that they the said Sir P.W. &c. and the sur­vivor of them, their heirs and assigns, shall stand and be seized of the Manor, and all and singular other the said premises, with their appurtenances, to the uses and intents following, that is to say, That he the said I.M. and his assigns, shall and may yearly, during the term of the natural life of the said Sir R.M. have, re­ceive, and perceive out of the said premises, with their appurte­nances, one several rent of the sum of &c. to be paid unto the said I.M. and his assigns, during the life of the said R. M. yearly, at the 4 usual Feasts of the year, viz. by even proportions to be paid, And if the said several rent of &c. or any part thereof be behind or unpaid, at any of the said Feasts in which it ought to be paid as aforesaid, that then he the said I.M. and his assigns, during the life of the said R. shall and may distrain in and upon the said pre­mises, or any part or parcel thereof, for the same so being behind as for a Rent-charge to all intents and purposes, and likewise to the use and intent that M.M. one of the Daughters of the said Sir R.M. shall and may yearly during the life of the said R. have and preceive out of the said premises, one several rent of &c. to be paid at the 4 usual Feasts in which it ought to be paid as afore­said, and that she the said M. and her assigns, shall and may di­strain for the same, upon the premises or any part thereof, as for rent-charges to all intents and purposes. Provided always that if the said M. shall during the life time of the said Sir R.M. hap­pen to marry without the consent of him the said Sir R.M. or if [Page 197]he the said R. shall, or doe, during his life-time, bestow upon the said M. in Mariage the sum of, &c. that then and from thence­forth the said annual rent of, &c shall cease, and be determined to all intents and purposes (and if more Daughters, then follow the like.) Provided alwayes, and it is covenanted and agreed by and between the said parties to these presents, and every of them, their heirs and assigns, and it is the true intent and meaning of the said Feoffment, Fine, and other conveyance and assurance of the said premises to be as aforesaid made, that if it shall fortune the said Sir R.M. to dye before such time as the said M. K. and A. M. or any of them be married, or before such time as such of them as shall be married shall receive her said protion of, &c. that then they the said Sir P.W. &c. and the survivor of them, their heirs and assigns, shall immediatly from and after such decease of him the said R. stand and be seised of all and sin­gular the said premises, with their appurtenances, to the use and behoof of them the said M. K. and A. and their assigns, as shall be so unmarried, or as shall not have received the said sum of, &c. for, during, and until such of the said M. K. and A. as shall be unmarried and unpayd as aforesaid, have had and received the full of the several sums of, &c. any matter or thing hitherto speci­fied to the contrary notwithstanding. Provided neverthelesse, that if the said I.M. his heirs and assigns, shall, and do within, &c. next after the decease of him the said Sir R. M. content and pay unto every of them, the said M. K. and A. as shall be then unmarried, the sum of, &c. And to such of them the said M. K. and A. as shall be married and unpaid, the sum of, &c. That then and from thenceforth, after such payment, the use unto her and them as aforesaid limitted, shall cease, and be determined to all intents and purposes. Provided neverthelesse, Proviso, that the Feoffor may demise parcel of the premises, for payment of his debts, & that the Feoffees shall stand seized to the use of such persons to whom such demise shall be made. that whereas the said Sir R.M. is indebted unto several persons in the sum of, &c. to the intents that the said debts may be paid and discharged, it shall and may be lawfull to and for the said R. M. by his Inden­ture under his hand and seal, to demise and let all that the said, &c. (reciting the parcels) And that the said Lease and Demise so to be made, shall be good in Law; and that for the making of the said Lease as aforesaid, the said Sir P.W. &c. their heirs & assigns, and every of them, and all and every other person and persons, then standing, or being seised of the said premises so to be de­mised, and every part thereof, shall stand and be seized thereof [Page 198]to the use and hehoof of every such person or persons, to whom any such Lease or Demise shall be as aforesaid made, to his and their executors and assigns, according to the purport, intent, and true meaning of the said Lease and Demise. Proviso, that the heir may make his wife a Joynture of parcel of the premises, & that the Feof­fees shal stand seized to the use of such wife accor­dingly. Provided further­more, to the intent that the said I. M. may be the better advan­ced and preferred in Marriage, that it may and shall be lawfull to and for the said I. M. to make unto such wife or wifes as he shall fortune to marry, or unto any other person or persons, to the use of such wife or wifes, a Joynture of so much of the said Manor, and other the said premises, with their appurtenances, as shall a­mount unto the yearly sum of, &c. and not above, for the term of the life of such wife or wifes only, and no longer, and to con­vey and assure the same accordingly, and that the said Joynture to be made shall be good and available in the Law; and that they the said Sir P.W. &c. and every of them, their heirs and assigns, and every other person and persons then being seized of the said premises, to be made and conveyed in Joynture, shall stand, and be thereof seized, to the use and behoof of such wife and wifes to whom the same shall be conveyed or assured in Joynture as a­foresaid, for and during the term of her life, according to the in­tent and meaning of these presents, any matter or thing before specified to the contrary hereof, notwithstanding. Provided al­ways, that if the said I. M. shall or do contract himself in mar­riage, Proviso, that if the heir marry without the consent of the Feoffees first had in writing, that then the uses of the premi­ses, unto him limited, as al­so unto the heirs males of his body, shall cease, & be de­termined, &c. or do marry with any person or persons whatsoever, without the consent and good liking of them the said Sir P.W. &c. or without the consent and good liking of the said Sur­vivor or Survivors of them first had, and in writing obtained; That then, and from thenceforth the use of the said premises unto the said I.M. by these presents limitted, and to every of the heirs males of his body to be begotten, shall absolutely cease and be determined, both in respect of him the said I. M. and also of eve­ry of the said heirs males of his body to be begotten, to all intents and purposes, as if he or they had never been named or mentioned in these presents, and that then and from thenceforth they the said Sir P.W. &c. their heirs and assigns, and every of them, shall stand & be seized of the said premises, and of every part and par­cel thereof, to the use and behoof of such other person & persons, and with such provisoes and limitations as is before in these pre­sents limited & appointed, as if the said I. M. were naturally dead without heir of his body; any clause or matter before specified to the contrary notwithstanding, &c.

A Release of a Proviso and Condition.

THis Indenture, &c. Between I. S. of, &c. of, &c. of th'one part, and R. W. of, &c. on the other part, Witnesseth, that whereas the said I.S. by his Indenture bearing date, &c. for a cer­tain competent sum of money to him by the said R.W. before th'ensealing thereof in hand paid, did give, grant, bargain, sell, and confirm unto the said R. W. his heirs and assigns, &c. (recite the particulars in the said Indenture) And the said I.S. for the con­sideration aforesaid, did by his said Indenture give, grant, bargain and sell unto the said R.W. all other his lands, tenements and he­reditaments whatsoever, situate, &c. in the said Parish of B. To have and to hold the said, &c. and all other the premises by the said Indenture mentioned to be bargained and sold, with all and singular their appurtenances, unto the said R.W. his heirs and as­signs, to the only and proper use and behoof of the said R.W. his heirs and assigns for ever, as in and by the said Indenture more plainly, and at large it doth and may appear. In which said In­denture there was also amongst other covenants, one proviso or condition contained to the effect following, That if, &c. (recite the condition verbatim) as in and by the said Indent. more plainly & at large amongst other things doth & may appear. Now this Indent, witnesseth, that the said I.S. for & in consideration of the sum of &c. unto him the said I.S. by the said R.W. before the ensealing & delivery of these presents, well & truly in hand paid, Release of a Condition. doth for him, his heirs, executors, administrators and assigns, and every of them, clearly and absolutely remise, release, acquit and discharge, unto the said R. W. his heirs, executors, and administrators, as well the said proviso and condition, as all other provisoes, conditions, co­venants and agreements in the said recited Indenture contained, or therein mentioned or expressed, and all and all manner of power, liberty, authority, right, title, or demand, which I the said I.S. his heirs, executors, administrators, and assigns, hath, or may have, challenge, or demand, by force or vertue of the said proviso or condition, or any other proviso or condition in the said Inden­ture contained. And that the said I.S. his heirs, executors, admi­nistrators and assigns, shall from henceforth be utterly excluded, and disabled to take any benefit of the said proviso or condition, and that the same from henceforth shall be absolutely void and [Page 200]determined, And also he the said I. S. doth for him, his heirs and assigns, and every of them, remise, release, and quite claim unto the said R. W. his heirs and assigns, all and singular right, title, use, interest, challenge and demand, of, in, or unto the said Mes­suages, lands, tenements and all other the said premises in the said Icdenture mentioned or expressed, with their appurtenances, and of, in, or to any and every part and parcel thereof.

And furthermore he the said I.S. hath for and upon the con­sideration aforesaid, Bargain and sale of Lands, together with the evidences belonging to the same in the said reci­ted Indenture mentioned. given, granted, bargained and sold, and doth by these presents, for him his heirs and assigns, fully, clearly, and absolutely give, grant, bargain and sell unto the said R. W. his heirs and assigns, the said Messuages &c. and all and singular o­ther the premises, with all and every their appurtenances, in the said recited Indenture mentioned, and contained, or therein, or thereby meant or intended to be bargained and sold, unto him the said R.W. his heirs and assigns, and also all and singular Mes­suages, &c. whatsoever, &c. together will all, &c. profits and commodities thereunto belonging or appertaining, with all and every their appurtenances of him the said I.S. in B. aforesaid in the said County; and also the reversion and reversions, re­mainder and remainders of all and singular the said premises, and the rents reserved in & upon any demise or demises thereof made, together with all deeds, &c. whatsoever, concerning the said pre­mises, or any part thereof; All and singular which the said deeds &c. escripts, and minuments, or so many of them, as he the said I. S. or any other person or persons, to his, or by his delivery, have in his or their custody, which he may lawfully get or come by, without sute in Law, he the said I. S. doth by these presents, for him, his heirs, executors, administrators, and assigns, and every of them, covenant and grant, to and with the said R.W. his heirs, ex­ecutors, administrators and assigns, well and truly to deliver, or cause to be delivered, unto the said R.W. his heirs, executors, ad­ministrators or assigns, before &c. whole, safe, uncancelled and underfaced. To have and to hold the said Messuages, &c. unto him the said R. W. his heirs, and assigns, to the only use and be­hoof of him the said R. W. his heirs and assigns for ever (A clause that the said R. W. shall enjoy the premises without any lawfull let of the said I. S. his heirs or assigns, Usual clauses in bargains and sales. &c. using the usual words of warranties, And also that the said I.S. shall at all times make further assurance, be it Fine, Feoffment &c. Provided always, [Page 201]and it is further covenanted, granted, Proviso, that all conveyan­ces made, or to be made, shall be to the use of the bargainee, & his heirs. condescended and fully a­greed upon, by and between the said parties to these presents, and every of them their, and every of their heirs executors, admini­strators and assigns; And it is the true intent, and meaning of these presents, that all and singular Feoffments, gifts, grants, fines, re­coveries, and all other assurances whatsoever, of the said premi­ses, with the appurtenances, or of any part or parcel thereof, by the said I.S. or by the said I. and A. his Wife, to the said R. W. his heirs or assigns, or to any other person or persons, by the ap­pointment or consent of the said R. now or at any time hereto­fore made, or at any time hereafter to be made, shall be & inure. & are by these present limitted, declared and appointed to be, and inure; And every such person or persons to whom any such fine, Recoverey, Feoffment, grant or assurance shall be made, shall stand, and be seized to the use and behoof of him the said R.W. his heirs and assigns for ever, and to none other use or uses, intent or pur­pose whatsoever. In Witnesse whereof, &c.

An Indenture to declare the use of a precedent Recovery, with a power of Revocation.

THis Indenture &c. Between R.S. of &c. of the one part, and E.G. of &c. of the other part, Witnesseth, that whereas the said R. S. did heretofore bring a Writ of entry. Sir desseisin in l' post against the said E. G. retornable in his Majesties Court of Common pleas, and thereby did demand against him (recite the parcels) with their appurtenances in B. as his right and inheri­tance, and wherein the said E. did not enter, but after a disseisin, that one H.H. unjustly, and without judgement, did unto him the said R. within &c. then last past, unto which said Writ the said E. did appear, and did vouch to warranty, E. H. the com­mon vouchee, who accordingly did enter into the said warranty, and did after make default, and departed in despite of the Court, and thereupon judgement was given, that the said R S. should re­cover seisin of the tenements aforesaid with their appurtenances, against the said E. G. and that he the said E. should recover over in value against the said E. H. and thereupon execution of the said recovery was had and made, according unto the usual form of common recoveries in such ca [...]es used, as by the record of the said recovery remaining in the Court of Common pleas, and [Page 186]there entred amongst the records of Easter term last past, before the date of these presents, Rot [...]ulo 145, doth more plainly and at large appear. And whereas it was, by and between the said par­ties to these presents, and either of them meant and intended, and the said parties to these presents, and every of them do by these presents accordingly limit, declare and expresse, that the said recovery was meant and intended, and shall and doth extend and comprehend by such names, number of acres, and covenants as are therein specfied and contained, the capital Mansion and Messuages, and all and every the lands, tenements and hereditaments, with their appurtenances, which late were the inheritance of I. G. Gent. deceased, by the last will and testament of him the said I. devised and bequeathed unto the said E. G. and to the Heirs Males of his body, in such manner and form as by the said will doth more plainly appear. Now this Indenture witnesseth, that the said Recovery, and the execution thereupon, was by and between the said parties to these presents, and every of them meant and intended, & it is by these presents declared, li­mitted and expressed; to be meant and intended, and it is by these presents, Covenanted, granted, condiscended and agreed, by and between the said parties, and every of them, that the same shall be and inure, and that the said R.S. his heirs and assigns shall stand and be sei [...]ed of the said capital Mansion, and all and singu­lar other the said premises, with their appurtenances, in the said Recovery meetioned, to the uses, intents, and purposes, in and by these presents, limitted and expressed, and to none other use in­tent or purpose whatsoever; that is to say, to the use of him the said E. G. and the heirs males of his body, Proviso or power of Re­vocation. lawfully begotten, &c. (Reciting the uses at large.) Provided always that if the said E. G. party to these presents, shall at any time during his natural life, intend or be willing to alter, change, repeal revoke, or make void, all the said estates, uses, remainder and limitations before in these presents mentioned, or any of them of, &c. in the premises, or a­ny part thereof. And shall by any writing or writings signed with his own hand and seal, in the presence of two credible witnesses at the least, signifie and declare, that his intent and mind is to alter, change, repeal, revoke, or make void the said estates, uses, remain­ders, and limitations, or any of them, that then, and at all times after such writing and writings shall be so signed and sealed, all the said estates, uses, remaiders and limitations, before in these [Page 203]presents specified and declared, and every, any, or so many of them, as shall be mentioned in the said writing or writings of revocation to be repealed, revoked, or made void, of or in the said premises, or a­ny part or parcel thereof, shall from thence forth cease, determine, and be repealed, revoked, and utterly void for ever. And that then, and at all times after he the said R.S. his heirs and assigns, and all and every other person and persons whatsoever, which shall be then seized of the said premises, with their appurtenances, or any part or parcel thereof, shall stand and be seized thereof, or of so much there­of, as shall be mentioned and conteined in the said writing or wri­tings of Revocation, to the only use and behoof of him the said E. G. his heirs and assigns for ever, or to such other uses, intents or pur­poses, as in the said writing or writings of Revocation shall be limit­ted, declared and appointed, and to none other use, intent, or pur­pose whatsoever, any thing before specified to the contrary in any wise notwithstanding. In witnesse whereof, &c.

An Assignment of a Debt unto, &c.

TO all Christian People, &c. Sir E. H. Knight, sendeth greeting in our Lord God everlasting. Whereas J. S. late of H. in the County of K. Esq deceased, by the name of J. S. of Lincolns Inne in the County of Middlesex. Esq by his obligation bearing date, &c. standeth bound unto the said Sir E. H. in the sum of, &c. for the payment of, &c. to one, &c. upon the, &c. now last past, for pay­ment whereof to the said I. C. the said E. was bound with the said I. at the request of the said I. in the sum of, &c. Of which bonds to the said I. C. the said I. by the condition of his said bond to the said E. was to discharge, and acquit the said E. at the said day with mo­ney not being paid in default of the said I. the said E. hath paid (and so recite other obligations if it so require, &c.) And whereas W. G. Citizen and Merchant of London, one of the Farmors of the Customs and Subsidies within the Commonwealth of England and Dominion of Wales, standeth indebted unto, &c. in divers sums of money, by reason of the said Farm; Now know ye, that the said Sir E. H. for, and towards the payment and satisfaction of such sums of money, as the said W. G. doth or shall owe unto, &c. [...]th given, granted, assigned, and set over, and by these presents doth give, grant, assign, and set over, unto, &c. his heirs and suc­cessors, the said Obligations, so to him the said Sir E. H. made as a­foresaid, [Page 204]and the several sums of money in them, Proviso, that if the Treasu­rer, Ch [...]ncel­lor, &c. shall mislike, or dis­allow the as­signment, & so declare un­der their hands in wri­ting, or by or­der of Court, That then the assignment shall be void, for so much as is not levy­ed, towards the payment of the debts of the Farmer, unto the, &c. so that the Farmer have allowance for so much as is paid, so that the Obligati­on be in force, and redelive­red unto the Assignor, not cancelled, de­faced, or made void. and every of them conteined. Provided, that if it shall happen that the said several sums mentioned in the said several Obligations, cannot, or be not to be levied, and had by, &c. his heirs and successors, in such time and sort, as the Lord Treasurer, Chancellor, and Barons of the Exchequer for the time being, or any two of them, for any cause hereafter shall mislike, or disallow of the said assignment, and so de­clare under their hands in writing, or otherwise order in the said Court, that it shall not be convenient for, &c. his heirs and succes­sors, to accept and take the said several sums, conteined in the said Obligation, or any part or parcel of them, towards the satisfaction of such sums of money, as the said W. G. now doth, or shall here­after owe unto, &c. his heirs or successors, by reason of the said Farm, and thereupon shall take order that the same, or a­ny part thereof shall be returned back again to the said Sir E. H. his executors or administrators; That then and from thenceforth this assignment, for such of the said several sums, or such part there­of as either shall be unlevied or unsatisfied to, &c. for and towards the payment of such sums of money as the said W. G. doth or shall owe as aforesaid declared, or ordered, not convenient to be taken, or continued to, &c. shall be, and remain void, in such sort as if his Assignment had not been made, accepted, or allowed of, So at the said W. G. his executors, administrators and assigns, may have al­lowance and defalcation out of the said Debts of so much as shall be before that time of misliking paid, answered, or satisfied to, &c. his heirs or successors, by reason of the said Assignment, and so also that the said Obligations, and the interest of them may be in force & effect, and redelivered unto me the said Sir E. H. my executors; ad­ministrat [...] or assigns, not defaced, cancelled, or otherwise made void, any thing herein conteined to the contrary thereof in any wise not­withstanding. In Witnesse whereof, &c.

Capt. & Recognit. and us [...]m d [...]cti Dommi Regis die & Anno infra script. coram Jacobo Altham milit, unro Baron. &c.

An Indenture by a High Sheriff, deputing one to be his Vnder-Sheriff.

This Indenture, &c. Between Sir I.L. of, &c. Knight, Sheriff of the Counties of Surrey and Sussex. of th'one part, and R.K. the younger, of W. in the County of Surrey, Gent. on the other part, Witnesseth, that the said Sir I. L. of assured hope, and trust [Page 205]that he hath, that he the said R K. will honestly, uprightly, and sufficiently discharge the office and duty of under Sheriff towards the Commonwealth, and therein discharge him the said Sheriff, and for the confideration hereafter mentioned, hath been plea­sed and contented to assign, depute, ordain, constitute & make &c by these presents doth assign depute, ordain, constitute & make the said R. K. his under Sheriff of the said County of S. authori­sing hereby the said R.K. according to the Covenants and agree­ments in these presents contained, Convenant, by the under-Sheriff, ho­nestly &c. to execute the office, and to do every thing, which may lawfully be done by him, withour the presence of the Sheriff; and thereof to discharge the Sheriff. to execute, perform and do all that which to the duty and office of under Sheriff of the said County, of S. shall appertain, or to the Sheriff of the said County, without the personal presence of the said Sheriff may be executed and done, and also to receive and take to his own use, all manner of duties and lawfull Fees, commodities, profits, and ad­vantages to the same office belonging, or in any wise lawfully ap­pertaining, during such time as the said. I.L. shall continue She­riff, of the said County, In consideration whereof the said R. K. for himself, his heirs, executors and administrators, doth cove­nant, promise and grant, to and with the said Sir I. L. his heirs, executors, administrators, and assigns, and every of them by these presents, That he the said R. K. shall and will during such time as he the said Sir I. L. shall continue, remain, and be Sheriff of the said Counties of S, and S. or either of them, honestly, truly, and sufficiently execute and do the office and duty of an under-Sheriff in the said County of S. And shall and will well and suf­ficiently do and execute, for and in the name of the said Sheriff, all and every thing and things concerning the office of the said Sher. of the said County of S. which without the personal presence of the ligh-Sheriff may lawfully be done and executed, & thereof shall discharge the said high-Sheriff, his heirs, [...]exec, and admin. And that nei­ther he, nor his Servant Deputy &c, will receive or do any thing by co­lour of his of­fice contrany to the Laws, [...]ustoms, or state of the Realm, in pre­judice of the Sheriff &c.

And furthermore, the said R. K. for him, his heirs, executors, and administrators, and every of them, doth covenant, promise, and grant, to and with the said Sir I. L. his heirs, executors and administrator, and every of them, by these presents, that neither the said R. K. his servant, deputy, assignee, clark or bailiff, by him to be assigned, shall or will, by colour of his said office, depu­tation or assi [...]ent, extort, levy, receive any manner of thing or things, which by the laws, customs or statutes of the Realm are or shal be prohibited or not allowed, whereby the said Sheriff, his heirs, executors, or administrators, or any of them, may in any wise, be either in their persons, goods or lands, lawfully defamed, [Page 206]impeached, Covenant, by the under Sheriff to ap­point suffici­ent deputies or attorneys in all Cour [...]s accuffomed to receive W [...]ies &c. to do eve­ry thing con­cerning them, and to make sufficient de­puties, in all parts of the County ac­cording to the laws and stat. And that the under Sheriff will give rea­sonable notice to the high. Sheriff, of all things to be done by him, in his proper person, and thereto will be assistant & will bear all charges there of, except mans meat & horse meat. Covenant, to receive all proces, where­with the high Sheriff is chargeable, & to collect all fines, issues a­merciaments, &c. and to pay the same at such times as the high Sheriff is chargeable to pay the same, to his Maje­sties use, and thereof to ac­quit and dis­charge the Sheriff. charged, impaired, molested or troubled. And fur­ther the said R. K. for himself his heirs, executors, and admini­strators, and every of them doth covenant, promise and grant, to and with the said Sir I. L. his heirs, executors and administra­tors, and every of them by these presents, That he the said R. K. shall and will assign and appoint sufficient deputies and attorneys, in all Courts accustomed, as well to receive writs, warrants, pre­cepts and Commandements to the said Sheriff to be directed, and to make processe thereof, and to do all thing and things, for the executing, serving, and sufficient returning thereof, and also shall make and, appoint sufficient number of Deputies in all parts of the said County of S. according to the Laws and Statutes of the Realm.

And that he the said R. K. shall and will from time to time, give reasonable notice and warning unto the said Sir I. L. of all such things as shall be requisite and necessary for the said Sir I. L. as Sheriff of the said Counties, or either of them, or by rea­son of his said offices in his own person to do or execute, & there­in at all times in his own person, or by his sufficient Deputy shall be ayding and assisting, as well for the doing and executing there­of, and the returning thereof, As also shall bear and pay all such charges thereof, as to the said Sheriff, by reason of the said office should appertain (except Mans meat and Horse mear.) And also the said R. K. for himself his heirs, executors and administra­tors, and every of them, doth covenant, promise and grant, to and with the said Sir I. L. his heirs, executors and administrators, and every of them, by these presents, that the said R. K. his heirs, ex­ecutors, administrators or assigns, shall and will well and truly, from time to time, receive all such extracts and processe whatsoe­ver, wherewith the said Sir I.L. as Sheriff of the said County of S. is or shall be chargeable to receive, and that he the said R. K. his heirs, executors, administrators and assigns, shall and will well and truly collect, levy, and gather all Fines, issues and a­merciaments, seisures, Fee-f [...]rmes, Rents, profits certainties, Pipe-silver, Chequer-silver, and all manner of debts, duties and de­mands whatsoever, wherewith the said Sir I. L. as Sheriff of the said Counties of S. and S. his heirs, executors, or administra­tors, their or any of their goods, chattels or lands, may in any wise be charged or chargeable, and the same to pay to &c. use at such times as the said Sir I. L. is charged or chargeable to pay [Page 207]the same, and thereof, and of every part and parcel thereof, to acquit and discharge as well the said Sir I. L. his heirs, executors, and administrators, and every of them, as also all and singular their and every of their goods, and [...] chattels, manors, messua­ges, lands, tenements and hereditaments, And also that he the said R. K. his heirs, executors, administrators or assigns, shall and will from time to time acquit and discharge, And that he will acquit & discharge, or save harmless the Sheriff &c. his goods and lands, from all exe­cutions of prisoners, &c. And from all forfeitures, fines, amercia­ments &c. by reason of any misfeasons, or nonfeasons, &c. of him, his deputy, attor­ney, &c. And that he will not intermed­dle with the execution or returning of any Letters, &c. from his Majesty or his privy Coun­cel, without the direction of the Sheriff. Covenant safely to keep the Prisoners committed to his custody, until they are delivered to the Goal, there safely to be kept by the Goaler till by course of Law they shall be delive­red, and to execute prisoners attainted according to their judgement. or other­wise sufficiently save and keep harmlesse, the said Sir I.L. his heirs, executors, administrators, and assigns, And also all his and their goods and chattels, lands, tenements and hereditaments what soe­ver, of and from all and all manner of execution or of executions of Prisoners whatsoever, which to the office of Sheriffwick shall appertain, Forfeitures, Fines, amerciaments, imprisonments, pains, panalties, or impositions, whatsoever, to be charged, layed, or im­posed upon the said County of S. his executors, administrators or assigns, his or their or either of their goods, or chattels, lands, tenements o [...] hereditaments, by reason of any misfeasons, or non­feasson, omissions default, dely, contempt, or cause whatsoever, of the said R. K. his deputy or deputies Attorney or Attorneys, Clark or Clarks, Bayiff or Bayliffs, or other person whatsoever, not doing or insufficient doing, his or their duty concerning the said Office of the Sheriff, or under Sheriff, And that neither he the said R. K. nor any his assigns, Deputies, Clarks, or attorneys, shall or will intermeddle with the execution or returning of any Letters or Commandments from &c. or any of the Councel, with­out the privity, notice, and direction of the said Sir I.L. then first had, and the said R. K. for himself, his heirs, executors, admini­strators, and assigns, and every of them, doth further covenant and grant, to and with the said Sir I. L. his heirs, executors and administrators, by these presents, that he the said R. K. shall re­ceive into his custody all Prisoners to be committed to his charge, and them safely and honestly shall keep, until they shall be brought and delivered to the Goal or prison of the said County, there to be kept by the Goaler or Keeper of the said Goal or pri­son, until by due course of Law they shall be delivered; And of such Prisoners as shall be convicted or attainted shall make or cause to be made due execution, according unto the quality of [Page 208]the judgment, And that he will, within 6 days before every term, deliver a Cer­tificate in wri­ting of all executions co [...]e to his hands, with the name for whom it is to be execu­ted, & the name against whom, &. & the sums to be levied, & what is don therin. against every of them to be pronounced.

And that the same R.K. shall and will within 6. days next before the beginning of every term which shall be during the time of the said Sheriffwick, well and truly deliver and certifie unto the said Sir, I. L. a true Note, or Certificate in writing, under his hand, of all such Writs of execution whatsoever, as before the term shall be come to his hands, with the name and surname of the party and parties, for whom the said execution is to be done, and also the name and surname against whom the same is to be executed, and the sum and sums of money thereby severally to be levied, and what is done therein, upon every such writ or processe. In con­sideration of all which premises, the said I. L. is contented and pleased, that the said R.K. shall or may, in the name of the said Sir I.L. assign & set over any bond to be taken in the name of the said Sheriff, for appearance or discharge of Processe to any per­son or persons, to the intent thereby to compel the parties to ap­pear, to save and keep harmlesse the said Sheriff and under-She­riff of any fine or amerciaments thereby: And also that the said R.K. may commence or take his action upon any such bond, Grant, that the under-Sheriff may, in the name of the Sheriff, assign over a­ny bond to be taken, for ap­pearance, &c. to any person, thereby to compell the parties to ap­pear, and to save harmlesse the Sheriff, &c. And that the under-Sheriff may commence a­ny action, up­on such bonds, to enforce the parties to appear, to save harmlesse the Sheriff, and that he will justifie all sures lawfully taken. And that it shall be lawfull for him to retein the money recovered, to his own use, to­ward his own charges for the not appearance of the parties, so that he will stand to the order of the Sheriff for the overplus. for the enforcing the said parties therein bound, to bring forth the party or parties, for whose appearance they were become bound, thereby to save himself harmlesse of such fine and amerciaments, as shall be imposed or laid upon the said Sheriff for not bringing forth the said party or parties; all which Sutes being lawfully ta­ken for the causes aforesaid, the said Sir I.L. doth Covenant and promise to avow and justifie; And that it shall be lawfull to and for the said R. K. his executors and administrators, and also for the said assigns to retein to their own use, their said sum or sums so to be recovered by reason of the said Bonds, towards their charges and losses, by reason of the not appearance of the said parties, so alwayes that they and every of them shall stand to the orders and directions of the said Sir I. L. his executors or ad­ministrators for the overplus thereof (if any shall be.) And the said R. K. for himself, his executors and administrators, and eve­ry of them, doth Covenant and promise, to and with the said Sir I. L. his heirs, executors and administrators, to acquit and dis­charge, [Page 209]or else to save harmlesse the said Sir I.L. &c. of and from all and all manner of costs and damages, Covenant, to save harmless the Sheriff from all costs and damages which may be recovered a­gainst him up­on any such sute. which may in any wise be awarded, adjudged, decreed, or recovered against him or them, by reason of any such Sute. Finally, the said R. K. for himself, his heirs, &c. and every of them, doth Covenant, pro­mise and grant, to and with the said Sir I. L. his heirs, &c. and every of them, by these presents, that he the said R. K. his execu­tors, &c. shall and will, on this side the Feast day of the Purif. &c. which shall be in the year, Covenant, by the under-sheriff, to pay before such day, all sums due to, &c. wherewith the sheriff is char­gable, by rea­son of his of­fice, &c. and thereupon within 3 mo­neths next af­ter, procure a quietus est in full discharge of his said Of­fice and ac­compt. &c. well and truly discharge and pay, unto, &c. his heirs and successors, all such sum and sums of money, Duties, and Demands, as shall be due unto, &c. his heirs or successors, wherewith the said Sir I. L. shall be charged, or chargeable as Sheriff, or by reason of the said Office of Sheriff­wick of the said Counties of S. and S. or either of them, and thereupon, within 3 moneths next ensuing shall procure unto the said Sir I. L. his heirs, &c. a sufficient discharge and quietus est, in full discharge of his said Office and Accompt. Provided al­ways, that if the said R.K. his Deputy or Deputies, Attorney or Attorneys, Clerk or Bayliffs, or any of them, at any time during the said Office, shall commit, doe, or suffer to be done any man­ner of act or acts, thing or things whatsoever, or shall omit or leave undone, any act or acts, thing or things whatsoever, be­longing to the said Office of Sheriff of the said County of S. or by colour of the said Office, by resaon whereof, the said Sir I. L. his executors, administrators or assigns, Proviso, that if the under-sheriff, or his deputy, &c. shall do, or leave undone any thing be­longing to the office, where­by to charge the Sheriff a­bove the sum of, &c. That then it shall be lawfull for the Sheriff to grant the of­fice to ano­ther. or his or their goods or chattels, lands, tenements, and hereditaments, or any of them, may in any wise be charged, or chargable above the sum of, &c. That then, and from thenceforth, it shall be lawfull to and for the said Sir I.L. to grant, assign, and depute the execu­tion of the said Office of the under-Sheriff, for the residue of the said time then to come, to any person or persons; And that then and from thenceforth it shall be lawfull to and for all such Assig­nee and Deputy, to have and take all the Fees and commodities, profits and advantages, from thenceforth to the said Office be­longing, or in any wise appertaining, this Indenture or any thing therein conteined, or any other matter or cause concerning the assignment or deputation of the said under-Sheriffwick, in any wise notwithstanding. And the said Sir I. L. for him, his heirs, &c. doth covenant and grant, to and with the said R. K. his heirs, &c. by these presents, That he the said Sir I. L. his heirs [Page 210]&c. shall or will deliver, Covenant, by the Sheriff to deliver can­celled to the under-sheriff, all security gi­ven by him for the execu­tion of his of­fice; or for the saving harm­lesse of the Sheriff with­in three mo­neths, after he shall have procured a quietus est. all such bonds and obligations wherein any person or persons shall be, or stand bound, for or in the behalf of the said R. K. to the said Sir I. L. for, or in respect of the execution of the said Office of under Sheriffwick, or for the saving harmlesse of the said Sir I. L. concerning the said Office of High Sheriff, within three moneths next after the said R. K. his heirs, &c. shall procure or deliver to the said Sir I. L. his heirs, &c. a quietus est. out of the Court of Exche­quer for his discharge of his said Office, and the Bond of the said R.K. to remain for the saving harmlesse of the said Sir I. L. his heirs, executors and administrators, of amerciaments, and other impositions touching the said Office; And whereas by an agree­ment made between the said R.K. and one I. M. Gent. whom the said Sir I.L. hath appointed under-Sheriff for the County of S. it is acknowledged and affirmed by the said R. K. before the sealing of these Indentures, An agreement between the under-sheriff and one I. M. by which the under-sheriff doth acknow­ledge that he is to passe the whole ac­compt, &c. and to get a discharge for the same, and for that pur­ [...]se the She­riff hath secu­rity, neverthe­lesse, for the better secu­rity, the Sheriff doth by these presenss bind the said I. M. &c. that the said R. K. his executors, administrators, or assigns, is to passe the whole accompt of the said Sir I. L. and to execute, levy, gather up, extend, bring in, and pay all such Seizures, Extents, Processe, Chequer-silver, Duties and Demands, Charges, Summe and Summes of money whatsoever, howsoever, or wheresoever, as the said Sir I. L. his heirs, executors, or administrators, shall be in any Court or Courts, place or places, any way charged or char­gable unto, or withall, as Sheriff of the said Counties of S. and S. or of either of them, at, and according to the place and places, time and times, limitted in these Indentures for the said R.K. to doe and perform, and thereupon shall also accordingly within six moneths next ensuing the time within limitted, pro­cure unto the said Sir I. L. his heirs or assigns, a sufficient dis­charge and quietus est, in full discharge of the said Office and Accompt; And the said Sir I.L. hath to that end also security of 300 l. from the said R. K. and his Sureties, for the performance of the like Covenant amongst other Covenants in the Indenture specified, which are made between the said Sir I. L. and the said R. K. and yet notwithstanding the said Sir I. L. for his better security doth by these presents bind and tie the said I. M. his executors, administrators, or assigns, to the doing and perfor­ming of the same. Also the said Sir J. L. is well pleased and con­tented, and for himself, his Executors and administrators, doth [Page 211]covenant, promise and grant, Covenant by the Sheriff, nor to charge the said I. M. &c. if he may be re [...]leved & saved harmless by the under Sheriff and his sureties. to and with the said J.M. his exe­cutors, and administrators, and every of them, that if the said Sir I. L. his heirs, executors, administrators, and assigns shall or may be releeved, saved harmlesse, or indempnified for, and con­cerning the afore recited covenants and agreements, by the said R. K. his executors, and assigns and his sureties, that then he the said Sir I. L. his executors, administrators or assigns, shall or will not take any benefit or advantage of the said Covenants and a­greements, against the said I. M. his heirs, executors, admini­strators or assigns, or any his sureties, or any of them, In Wit­nesse whereof &c.

A Release of a Right to Land.

KNow all men by these presents, That I W. H. of &c. Yeo­man, for divers good cause &c. and that S. H. of &c. Son I. H. sate of &c. aforesaid, in the said County deceased, hath accepted of the Lands & tenements hereafter mentioned, Given & bequeathed unto the said S. H. by W.H. Uncle of the said S. by the last will and testament of the said W. according to a proviso and condition in the said will expressed, as in and by the said Will bearing date, &c. doth more plainly and at large appear, Have remised, released, and for ever quite claimed, and do by these pre­sents, for me my heirs, executors, administrators and assigns, re­mise, release, and for ever quite claim unto the said S. H. his heirs and assigns, in his full and peaceable possession and seizin, all and all manner of right, title, interest and demand whatsoever, which I the said W. H. my heirs, executors, or assigns, shall have, or may have, challenge or demand, of, in, or to, (reciting the parti­culars) with the appurtenances, scit. &c. late the lands of the said W.H. deceased, so that I the said W. H. my heirs, executors or as­signs shall not, nor will not, at any time hereafter make any claim challenge or demand, of, in, or to the said premises, with the ap­purtenances, or of, in, or to any part or parcel thereof, But shall and will from henceforth, be thereof, and therein utterly exclu­ded by these presents, In witnesse whereof, &c.

A Release of Legacies.

KNow &c. That I S. H. of &c. Son of I. H. late of T. afore­said, deceased, for divers &c and for that I am satisfied of all such Legacies, Accompts, and all such other duties and demands, due unto me by the last will and testament of the said I.H. my Fa­ther, as also by W. H. my Vncle, late of T. aforesaid, deceased, have remised, released, & quite claimed, & do by these presents, for me, my heirs, executors, administrators and assigns, release, and for ever quite claim unto W. H. of T. Yeoman, executor of the last will and testament of the said W. H. deceased, his heirs, exe­cutors and assigns, all and all manner of Legacies, accompts, &c.

An Indenture of the Commissioners, for the assessing and levying of the Subsidie, whereby they make one high Collector of many Hundreds.

THis Indenture &c. Witnesseth, That Sir E. H. and Sir W. R. Knights and Baronets, and E. H. Serjeant at Law, Com­missioners amongst others in the County of K. assigned by virtue of a Commission to them and others directed, for the assessing and levying of the two first subsidies of the five entire subsidies granted to, &c. in the last Session of Parliament holden at West­minster in the year, &c. and the subsidies being by the said Act assigned to be paid into the receipt of the Exchequer at or before the tenth day of Iuly last, and whereas the Commission for the taxation of the said subsidies came not to the hands of the said Commissioners, until after the 10th. day of Iuly by reason whereof there could be no assessement made before that time, so that the said Collectors could not collect or gather any moneys before the said time. Have in the day and year of the date here­of, by virtue and authority of the said Commission, assigned and deputed W.R. of &c. in the said County, Gent. high Collector of the hundred of &c. with the Township, of N. so that the said W. R. shall receive and levy of the subcollectors, here under written, the [Page 213]whole sums of of their said collection, and pay all the said sums except 6 d. of every pound to be deducted according to the tenor of the said Act for the fees of Commissioners and Colle­ctors, to the use of &c. in the Receipt of the Exchequer aforesaid, within one moneth next after he hath received and gathered the same. In, Witnesse whereof the Commissioners aforesaid to these presents interchangeably have put their Seals, the day and year first above written. 1628.

An Indenture to certain in trust, to uses herein mentioned.

THis Indenture made &c. Between A. R. of M. in the Coun­ty of K. Gent. and E. his wife, and I. S. of N. in the County of Middlesex Gent. of the one part, and E.H. Serjeant at Law, I. H. of H. in the said County of M. Esquire &c. on the other part; witnesseth, that whereas the said A. R. and I. by their In­denture of bargain and sale, bearing date, &c. did grant, bar­gain and sell unto the said E. H. I. H. &c. and their heirs, all that capital Messuage or Tenement, &c. (recite all the parcels) as in and by the said Indenture it doth and may more plainly and at large appear; Now this Indenture Witnesseth, that the true intent and meaning of the said assurance and conveyance of the said lands, & premises in the said Indenture mentioned unto them the said E. H. I. H. &c. and their heirs to be made, was, and is upon such trust and confidence as hereafter in these presents is declared, limitted, and appointed, and not otherwise; That is to say, whereas it is intended and meet that the said E. R. wife of the said A. (in respect she the said E. R. wife of the said A. hath at the request of the said A. and for his benefit sold and past away all her own lands and inheritance) should have a competency of present maintenance, and also the inheritance of all and singular the [...]aid premises in the said Inden­ture mentioned, if she fortune to survive the said A. Therefore the trust and confidence in them the said E. H. I. H. &c. and their heirs reposed, for, and concerning the said peece or par­cel of land, &c. is, that they the said E. H. I. H. &c. and their [Page 214]heirs shall permit and suffer the said A. and E. during their [...]o [...]nt lives, to take and receive the Rents, issues and profits of the said peece or parcel of land to their own use and benefit; and if she the said E. shall fortune to survive him the said A. That then she the said E. shall have and enjoy the said peece or parcel of land, with the appurtenances, unto her and her Heirs for ever, And if it shall fortune the said A. to survive the said E. then the said A. to have and enjoy to him and his heirs for ever; and the trust and confidence in the said E. H. I. H. &c. and their heirs, for and concerning the said capital Messunge &c. and all the resi­due of the said lands, tenements and hereditaments in the said indenture mentioned, with all and every their appurtenances, is and by these presents is declared to be, That they the said E. H. I. H. &c. their heirs and assigns, shall permit and suffer the said E. wife of the said A. to receive and take to her own use, and behoof, the issues, rents, and profits of the said capital messuage, and all and singular the said premises last recited, with every their ap­purtenances, for and during the term of her natural life, and if she the said E. shall fortune to survive and overlive the said A. that then she the said E. shall have and enjoy the said last recited premises with the appurtenances, to her, and her heirs for ever, And if it shall fortune the said A. to survive the said E. Then the said A. to have and enjoy the same, to him, and his heirs for ever.

In Witnesse &c.

A Grant of a Bayliwick of levying of moneys, and power to make Deputies for the doing of the same.

TO all Christian persons to whom this present writing shall some, G. of, &c. sendeth greeting, Know ye, that I the said G. for divers good causes and considerations me hereunto es­pecially moving, have authorized, constituted, nominated, and appointed, and by these presents do authorize, constitute, no­minate [Page 215]and appoint, my true and well beloved Edward Hen­den, Serjeant at the Law, my Bayliff, of all singular my Li­berties, within the County of York, to take, receive, collect and gather all such Issues, Fines, Amerciaments, and Collections, sum and sums of money, as shall at any time arise, grow, or accrue unto me the said G. within all or any of the said Li­berties, within the said County of York; Giving also by these presents full power and authority to the said Edward Henden, to substitute, make, appoint, or nominate any sufficient Depu­ty or Depaties, for the receiving, collecting, or levying of any the said Fines, Issues, Amerciaments, sum or sums of mo­ney, or for the due execution of the same, in as large and am­ple manner, as if he the said Edward Henden were present in person for the acting or doing thereof: Ratifying and establi­shing by these presents, all and all manner of act and acts, thing and things whatsoever, the said E.H. his Deputy on Deputies, or any of them, shall do herein. In witnesse whereof, I have here­unto put my Hand and Seal, dated at Lambeth, the 17 day of May, in the 7 year of, &c.

¶ An Indenture declaring the use of a Fine, before levied.

THis Indenture made, &c. Between Edward Henden Serjeant at Law of th'one part, and Sir Francis Harvy Knight, one of the Justices of the Court of Common-pleas, I. H. of H. in the County of Middlesex, Esquire, and E. his Wife, on the other part, Witnesseth, That whereas the faid Edward Henden hath heretofore in the term of Saint Hillary last past, before the date of these presents, levied one fine in due form of Law, unto the said Sir F. H. I. H. and E. of all that the Manor of W. with their appurtenances (reciting the other Lands, if any were.) The which said Fine was levied by such names, number of acres, and other particulars in the said Fine contained; as by the said Fine, reference being thereunto had, doth and may more plainly ap­pear.

Now this Indenture witnesseth, that the use and uses, intent and purpose of the said Fine is, and is by these presents by the said E. H. declared, limitted, and appointed to be to the use and uses, intents and purposes, hereafter in these pre­sents limitted and appointed, and to no other use or uses, in­tent and purposes whatsoever; That is to say, all and singular the said Manors, Lands and Tenements, with all and every of their apurtenances in the said. Fine comprized, to the use and behoof of, &c. (and so declare the uses, as they are limitted and expressed.) And the true intent and meaning of the said Fine further is and by these presents is declared to be to the intent and purpose that he the said I. H. brother of the said E. party to these presents, and Susan his Wife, shall and may have, and perceive, for and during the term of their na­turall lifes, and the longer liver of them, one Annuall Rent of the sum of, &c. one hundred pounds of lawfull money, to be issuing out of the said premises yearly at the Four usuall Feasts and Terms of the year, and to begin at the first of the said Feasts, which shall be next after the decease of the said E. H. party to these presents; And is the said rent, or any part thereof be behind, that then they the said I. and S. shall distrain in the said premises, or any part thereof, as for a rent­charge. And also they the said I. H. and S. shall have and enjoy one Messuage, with all the lands of inheritance there­with used, situate in B. in the said County of K. wherein Do­ctor K. doth dwell, and was late in the occupation of N. I. for and during their naturall lives, and the longer liver of them. [Here followeth a Proviso to revoke the uses before limited.] In witnesse whereof, sampc.

A particular Release of a Viccaridge; and all claime thereunto, together with a generall Release of all actions and su [...]es whatsoever.

TO all Christian people to whom this present wri­ting shall come, I S. of London, Doctor in Divinity, sendeth greeting, in our Lord God everlasting. Know ye that I the said I S. have remised, released, and forever quite claimed, and do by these presents for me, my heires; exe­cutors, and assignes, remise release, and quite claime unto H G. of the Parish of St James Clarkenwell in the county of Mid­dlesex Clerk, all my right, title, claime, interest, and demand whatsoever, which I the said I S. have, may, might or ought to have, or shall have, of, in, or to, the Rectory and Viccaridge of St James Clerken well in the County of M. or either of them, or of, in, or to, the Parsonage or Viccaridge of St I C. aforesaid, which all, and all manner of Tithes, and other their appurtenan­ces whatsoever, to the said Rectory and Viccaridge, or either of them, in any wise appertaining, and also all actions, sutes, debts, duties, and demands, for any cause, matter or thing whatsoever, from the beginning of the world, untill the day of the date hereof: So as I, the said I S. and my heirs, and all person and persons, claiming by, from, or under me, shall not, neither may have, challenge or claime to have any right, title, interest, or demand, in or to the said Rectory and Viccaridge, or other the premises, with the appurtenances or either of them, but from the same, and every part and parcell thereof, and from all actions, sutes, and demands whatsoever, as afore­said, shall be cleerly and absolutely excuded, and debarred by these presents: In witnesse whereof, I the said I S. have unto this my present writing, set my hand and seal dated the first day of November, in the yeare of our Lord God, &c.

A Letter of Attorney to receive money upon a Bond.

TO all people to whom this present writing shall come, R N. of B. in the County of K. Yeoman, and Anne his wife send greeting in our Lord God everlasting. Whereas V W. of the City of Chester Alderman, by his Obligation bearing date the 26 day of November 1650, is and standeth bound to the said Anne, by the name of Anne Hamblet of Hackney in the County of Middlesex Spinster in the sum of 18 l. of lawfull mo­ney of England, with condition to pay nine pounds of like mo­ney in Watlingstreet in London, on the second day of February next comming after the date of the said Obligation, as by the said Obligation and Condition may more at large appear: Know yee that we the said R N. and A my wife, for divers good con­siderations us hereunto moving, have made, ordeined, and in our stead and place put and constituted, and by these presents do make, ordeine, and in our stead and place put and consti­tute our well beloved friend I C. of L. in the County of S. Gent. to be our true and lawfull Attorney, Deputy or Assignee, in our name, and to our use to ask demand, levy sue for recover and re­ceive by way of composition or otherwise howsoever, of the said V W. his executors administrators or assignes, the said sum of nine pounds, in the said condition of the said Obligation mentioned, and all other sum and sums of money, benefit and advantage by reason or means of the said Bond to be had, ob­reined, or gotten, and we give, and by these presents grant unto our said Attorney, all our full power and authority, in and about the premises, the said V W. his executors administrators and goods, and every or any of them, if need shall be, to sue, arrest, attach, seize, sequester implead, condemn, in prison to put, and out of prison to deliver, and to appear before all manner of Judges, Justices, and Ministers of the Law, and to compound, conclude, agree, recover and receive, and after Recovery, receipt, or upon every composition or other agreement to be made, acquittances or other discharges in our names to make, seal, and deliver, as our Deeds, and one Attorney or more, under him to [Page 219]make, substitute or revoke, and generally to doe, execute, per­form, and finish all and every other lawfull act and acts, things and things whatsoever, which in or about the said premises, or any part thereof, shall be needfull, necessary, or convenient, as fully and effectually as we our selves might or could do perso­nally, covenanting and granting by these presents to hold, ratifie and allow for good, firm and effectuall all and whatsoever our said Attorney shall lawfully do, or cause or procure to be done, in, about or concerning the said premises, or any part ther­of, by vertue of these presents. In witnesse whereof, We have hereunto set our hands and Seals, dated the 23 day of May, in the yeare of our Lord God, 1650.

An Indorsment of livery, and seisin by Attorney.

QUiet and peaceable possession, livery, and seisin of the Mes­suage lands and tenements, with the appurtenances, with­in mentioned, was had and delivered by the within named T B. Attorney unto the within named W I. unto the within na­med H R. and his heires, the 12 day of Aprill, Anno Dom. 1634. according to the purport and effect of these presents, in the presence of, &c.

The Attornement of the Lessee of the Lands convey­ed by the Feoffment, upon livery and seisin.

MEmorandum That I M. Lessee of the within mentioned premises, do consent unto the livery and seisin above mentioned, And do Attorn unto the within named H R. accor­ding unto the purport of this Indenture, in the presence of, &c.

An Indenture to try a title, upon an ejectment.

THis Indenture made, &c. Between Sir E S. of L in the Coun­ty of Surry Knight, of the one part, and I H. of C. in the County of H. Yeoman, on the other part, Witnesseth, that the said Sir E S. for divers good causes and considerations him there­unto [Page 220]unto especially moving, hath demised, granted & to farm letten, And by these presents doth premise grant, and to farm let, unto the said I H. his executors, and assignes, One messuage and two acres of land, with all and singular the appurtenances, s [...]ituate, lying and being in the parish of C. in the said County of H. To have and to hold the said messuage and premises, with their appurtenances, unto the said I H his executors, admini­strators, and assignes, from the Feast of the Anunciation of our blessed Lady Saint Mary the Virgin, last past, before the date hereof, unto the full end and term of three yeares from thence next ensuing, and fully to be compleat and ended, yielding and paying therefore yearly, during the said terme, unto the said Sir E S. his executors, administrators, and assignes, one Pepper­corne, if the same be lawfully demanded.

Provided alwaies that if the said Sir E S. his executors, admi­nistrators, or assignes, or any of them shall be minded at any time, Proviso to de­termine the Lease, upon paiment of 12 pence. during the said terme, to determine this present Lease, and f [...]r that intert shall pay unto the said I H. his executors, ad­mini [...]trators, or assignes, the sum of 12 d. of lawfull English mo­ny, that then and immediately after such paiment of the sum of 12 d. as is aforesaid, this present Indenture and Lease, and all and every clause, article, and agreement therein conteined, shall be utterly void, frustrate, and of none effect to all intents and purposes whatsoever, In Witnesse whereof, &c.

Letters Patents for making an Alien to be a free Denizen.

TO all or to whom these presents shal come greeting know yee that wee of our speciall grace and certeine knowledge, meer motion have granted, and by these presents do grant un­to Peter le Pipre, of the Town of Armentere in Flanders, or by what other name he be called or known, that he during his life, be held as a lawfull subject of us and our heires and suces­sors in all things; and so shall be reputed, called, had, and gover­ned as our lawfull Liege within our Kingdome of England, pro­ceeding, and not otherwise, nor in any other manner. And also that he shall have, exercise, use, and enjoy, all and all manner of [Page 221]accounts, sutes, and complaints of what kind soever, in every one of our Courts and Jurisdictions soever, and in the same, plead and be impleaded to answer, and be answered, to defend, and be defended in all things, and by all things, as any of our faithfull subjects born in our Kingdome of England. And more­over, that the said Petre may purchase, receive, take, have, hold, buy, and answer lands, tenements, reversions, and such and other hereditaments whatsoever, within our said Kingdome of England, and Dominions thereof; and also to use and enjoy, and give them sell to alien, or bequeath them to any person or persons; whatsoever, if he please at his owne will and pleasure, lawfully, and unpunishable, and that he shall and may enjoy, have and reteine Taverns, Shops, or Houses whatsoever, for the terme of one yeare or more years, so fully, freely, quietly, whol­ly and peaceably as any of our liege people, within oursaid King­dome of England proceeding, and that it shall be lawfull for any of our subjects, to let unto the said Petre, and his assignes whatsoever, Tavernes, Shops, and Houses whatsoever, for the terme of one or more yeares, without any forfeiture or punish­ment whatsoever, to be incurred for that occasion: And also that he the said Petre, all and all manner of liberties, franchises, and priviledges of this Kingdome lawfully, quietly, and peace­ably, shall have, and possesse, use and enjoy as our liege people, within our said Kingdome of England born, without distur­bance, hindrance, molestation, vexation, cavill or grievance of us or our heires, or of any other whatsoever, any Statute, Act, Ordinance, or provision to the contrary hereof, before enacted, made, ordeined, or provision, or any other thing, cause, or mat­ter, whatsoever, in anything notwithstanding.

Provided alwaies, that the said Petre shall unto us Lot and Scot [...] as other our liege people doe make and contribute, shall pay and contribute, what is just, and shall pay to us, our heires and successors Customes and Subsidies, for his goods and Mer­chandises, as Aliens doe pay, and have accustomed to pay. Pro­vided alwaies also, that the said Petre, to all and singular Ordi­nances, Acts, Statutes, and Proclamations of this our Kingdome, as well enacted as hereafter to be enacted, shall keep and be obedient according to the forme of the Statute, in that case made and provided; In witnesse whereof we have caused these our Letters to be made Patents &c.

A Release of Errors, upon a Judgement, in Debt, In the COMMON PLEAS.

BEE it known unto all men by these presents, That I Sir R H. Knight, Serjeant at Law, have remised, released, and forever quite claimed, and do by the presents, for me, my heires, execu­tors, and administrators, remise, release, and for ever quite claim, unto E H. Serjeant at the Law, his heires, executors, and admi­nistrators, all and all manner of Errour and Errours, and also all and all manner of writ or writs, and action or actions of errour and errours, which I the said R H. my heirs, executors, or admi­nistrators, now have, or hereafter may have, by reason of, or up­on one judgement now depending and being against me the said Sir R H. in the Court of Common pleas at Westminster, of two hundred pounds debt, and 40 s. costs & damages as by the record thereof, being & remaining of record in the said Court of Common pleas at Westminster, amongst divers other things, doth, and may more plainly and at large may appear; In witnesse whereof I the said Sir R H. to this present writing, my hand and Seal have put, the 7 day of February, in the year of our L. G. &c.

A Grant of a reversion, with a proviso to de­termine it, upon paiment of Money.

Nota, that this grant for seven daies was made on pur­pose to save a Livery and seisin, or other conveyance. THis Indenture made, &c. Between G S. of, &c. of the one part, and A R. of, &c. on the other part. Whereas the said G S. by his Indenture bearing date the 29 of September last past be­fore the date of these presents, hath bargained and sold unto T D. of, &c. one messuage or tenement, one Barn with all edifices and buildings whatsoever, to the said Messuage or Tenement be­longing [...]or appertaining, and also six pieces or parcels of fresh and sa [...]t marish, conteining by estimation 56 acres with the appurtenances more or lesse s [...]ituate, &c. To have and to hold the said Messuage, &c. and all and singular the said premises with the appurtenances, unto the said T D. his executors, admi­nistrators and assignes, from the making of the said Indenture [Page 223]for and during the term and space of 7 daies from thence next comming to be compleat and ended, yielding and paying there­fore during the said terme, one Pepper corne, as in and by the said Indenture of demise amongst other things doth and may more plainly and at large appeare. Now this Indenture witnes­seth, that the said G S. for and in consideration of the sum of, &c. to him the said G S. by the said A R. before the ensealing and delivery of these presents, well and truly in hand paid: whereof and wherewith the said G S. acknowledgeth himselfe to be fully satisfied and paied, and thereof and of every part and parcell thereof, by these presents cleerly acquitteth and dischargeth the said A R. his heirs, executors and administrators, Hath given and granted, and by these presents doth give, and grant unto the said A R. his heirs and assignes, the said one messuage or tene­ment (reciting the parcels) and the reversion and reversions, re­mainder and remainders of all and singular the said premises with the appurtenances, To have and to hold, all and singular the said premises, with all and every their appurtenances unto the said A R. his heires and assignes, for and only to the only use and behoofe of him the said A R. his heires, and assignes, for ever: [Covenant that the Grantor hath full power in his own right to make this grant; And that the premises are and shall so continue, discharged, or else saved harmlesse, from all other bar­gaines, sales, Feoffments, charges forfeitures, &c. And further, that the grantee shall peacebly enjoy without interruption &c. Proviso to determine the grant upon the paiment of the sum of &c. The usuall Covenant, if the mony be not paid of further assurance &c. and to deliver the writings concerning the premi­ses, within such a time after default in paiment,]

NOTA, Upon this Indenture was this indorsement.

Sealed and delivered by the within named G S. unto the within named A R. in the presence of, &c.

Also the within named T. D. lessee of the premises within mentioned; The forme of an A [...]tornment indorsed upon the de [...]d. after the ensealing and delivery of these presents the said 24th day of September, in the yeare of our Lord God, &c. within mentioned did attorn unto the within named A R. upon the within mentioned grant of the said premises by the said G S. unto the said A R. made according to the forme and effect thereof, by the paiment of six pence, of lawfull mony of Eng­land, [Page 224]in the name of Attornement, in the presence of &c.

Memorandum, That a Free simple may be thus conveyed, and an absolute estate of inheritance passe, without either Fine, Fe­offment, or bargaine and sale, And this was done by the advise of E. Henden, Serjeant at the Law, for M. A R.

Condition of a Bond, for performance of Covenants.

THe Condition of this Obligation is such that if the above bounden G S. his heires executors, and assignes, and every of them, do from time to time and at all times hereafter, well and truly observe, perform, fulfill and keep all and singular the Co­venants, grants, articles, provisoes, and agreements, which on his and their part and behalfe are to be observed, performed, fulfilled and kept, conteined, specified and declared in one pair of Indentures, bearing date with these presents, made between him the said G S. of the one part, and the said A R. on the other part, according to the purport, effect, and true meaning of the said Indenture; That then this present Obligation to be void, or otherwise to stand, remain, and be in his full force, power, and vertue.

A Warrant to the Bayliffe of a Mannor, for summo­ning of Tenants to hold a Court Baron.

THese are to will and require you, that forthwith upon the receipt hereof you give notice and warning to all the Te­nants of the said Mannor of S B. that they make their personall appearance, Mannor de South Bock­land. at the said Court Baron to be holden at the said Mannor on Tuesday the sixteenth day of Aprill next ensuing, by nine of the Clock in the forenoon of the same day, then and there to pay their severall Rents, and do all such sutes and servi­ses, as their severall tenures do require. And that you your selfe be then and there present, and there make returne of all the Te­nants names belonging to the said Mannor, in writing, and also of this warrant. And hereof faile not at your perils. Dated &c.

To Tho Jennings Bayliffe of the said Mannor.

per me T. D. Sene sc.

[Page 225] Give notice likewise to all the tenants of the said Mannor, that at the Court to be holden as abovesaid, they enter their lands and services, lest they be compelled to hold of some other Lords, and by other services. It is a safe course both for Lord and Tenants, and it shall be no charge to the Tenants.

The Patent whereby Serjeant Henden was made Baron of the Exchequer.

TO all, &c. Know yee that we of our especiall grace, certaine knowledge, and meer motion have given and granted, and by these presents do give and grant unto our beloved and faith­full Edward Henden, Serjeant at Law, the Office of one of the Barons of our Exchequer, and the said Edward Henden to be one of the Barons of the Coife in our Exchequer, we do make and ordaine by these presents, to have, hold, and occupy the aforesaid Office unto the said Edward Henden, so long as hee pleaseth us. And also we give and grant unto the said Edward Henden for the exercise and execution of the Office aforesaid al and singular wages, fees, annuities, monies, freedomes, allow­ances, commodities profits, emoluments, liberties, priviledges, dignities, enjoyments, authorities, estimations, pre [...]eminencies, to the said Office of one of the Barons of our Exchequer afore­said due or belonging, or to be due or appertaining, to have, hold, perceive, use, and enjoy the said wages, fees, regards, mo­nies freedomes, allowances, commodities, profits emoluments, and all and singular other the premises to the said Edward Hen­den by the hands of our Treasuror and Chamberlaines, and o­ther our Officers or otherwise, to all intents and purposes, for in and with the Office of a Baron of the Exchequer aforesaid, whatsoever belongeth, or heretofore due, used and accustomed, &c.

A Warrant, to one of the Receivers of the revenues of the Dutchy for payment of 5 l. every term yearly to Sr Edward Henden Knight, one of the Barons of the Exchequer.

TO our trusly and welbeloved S E. Esq our generall Recei­ver of the revenues of the possessions, parcell of our Dutchy [Page 226]of Lanc greeting: We will and require you forthwith, upon receipt hereof, to pay or cause to be paid unto Sir E H. Knight, one of the Barons of the Exchequer, and one of the Judges assi­stants of our Court of Dutchy of Lancaster at Westminster, the sum of 5 l. of lawfull mony of England (in the name of his fee) for every terme yearely, during the time that he shall continue a Judge assistant to the said Court of Dutchy, and not to faile hereof; and for so doing, these Letters shall be unto you the said Receiver, your heires, executors, and administrators, a sufficient warrant and discharge against, &c. for paiment thereof from time to time respectively, as the case shall require, and also unto the Auditor and Auditors of the said Dutchy, to make unto you due allowance thereof, upon your next accompt to be made and taken before him or them, in that behalfe. Given at Westmin­ster under the Seale of the said Dutchy, the one and twentieth day of February, in the year of our Lord God, &c.

A Condition to save a surety harmelesse.

THE Condition of this present Obligation is such, That whereas the above bounden A B. together with the a­bove named T D. and one I F. Citizen and Mercer of London, by their Obligation of the date hereof stand jointly and several­ly bound unto I W. of London Widdow, in one hundred and fifty pounds of good and lawfull mony of England; for paiment of one hundred and foure pounds of like money, on the twen­tieth day of June next comming, at the now dwelling house of R A. S [...]r. scituate on Corne-hill London, as by the same Obliga­tion and Condition may appeare. In which Obligation the said T D. is so become bound, at the request, and for the only debt of the said A B. If therefore the said A B. his executors, admi­nistrators or assignes, do in discharge of the said recited Obliga­tion, truly pay, or cause to be paied unto the said I W. his execu­tors, administrators or assignes, that the said sum of one hundred and four pounds, on the day, and at the place of paiment afore­said; that then, &c. Or else, &c.

ANOTHER.

THe Condition of this present Obligation is such that wher­as the within named T D. at the speciall instance and re­quest, and for the only debt of the within bounden E G. standeth bound with the said E G. unto one K H. of London Merchant, in the sum of one hundred and sixty pounds of, &c. by Obliga­tion, bearing date, &c. with condition for the true payment of the sum, &c. at or upon, &c. next ensuing the date of the said obligation, at the house of, &c. as by the said recited obligation and Condition, more at large appeareth; If therefore the with­in bounden E G. his heires, executors, or administrators, or any of them do well and truly content and pay, or cause to be con­tented and paid, unto the said K H. his executors or administra­tors or assignes, the said sum, &c. at the time and place limited for the paiment thereof, according to the purport of the said condition of the said recited Obligation, and thereof, do from time to time, and at all times hereafter, well and sufficiently save and keep harmlesse, and indempnified, the said T D. his heires, executors, administrators, and assignes, and his, and their Lands, Tenements, goods and Chattels, against the said K H. his heirs, executors, administrators, and assigns; That then, &c. Or else, &c.

The Award of Serjeant Henden, made the 28 day of January 1631. Between R A. and I C of the Parish of B. in com. Kanc.

TO al persons to whom these present wirtings Indented shall come, E H. Serjeant at Law, sendeth greeting: whereas R A. of B in the County of K. Yeoman, and I C. of B. aforesaid Yeoman, have by their severall writings obligatory, bearing date, &c. Anno Dom. &c. bound themselves each to other in the sum of 500 l. a piece of lawfull English money, Conditioned to stand to, obey, perform, fulfill and keep, the award, arbitriment, ordi­nance, determination and judgment of me the said E H. Arbi­trator indifferently named, appointed elected, and chosen, as wel on the part and behalfe of the said R A. as on the part and be­halfe [Page 228]of the said I C. to arbitrate, award, decree, judge, rule and determine of, for, upon, touching and concerning all and all manner of actions, and causes of actions, sutes, quarrels, varian­ces, discords debates, duties, accounts trespasses, claims, contro­versies and demands whatsoever had, mo [...]ed, stirred, commen­ced, or depending between the said parties for any matter, cause or thing whatsoever, from the beginning of the world, untill the day of the date of the said Obligation, so that the said arbi­trement, ordinance decree, finall determination and judgement, of me the said E H. of and upon the said premises, were made and given up by the said E H. in writing, under his hand and seale ready to be delivered unto the said parties demanding the same on this side, and before the 2 day of February, then next ensuing the date of the said Obligation, as by the said writings obligatory and the conditions therein specified, reference be­ing thereunto had, doth and may more plainly and at large ap­pear. Now I the said E H. taking upon me the burthen of the said arbitrement, for a finall and peaceable end between the said parties, do by these presents make and publish my order, award, and arbitrement, concerning al and singular the said premises unto me as aforesaid submitted in manner and form following.

Imprimis I do award, arbitrate and order, that the said I C. and his assignes, shall and may hold and enjoy one house, and the lands therewith used and occupied with their appurtenan­ces, now in the tenure or occupation of him the said I C. in B. aforesaid, without paying any rent, or other charge for the same, untill the 19 of May next ensuing the date of these presents, he the said I C. or his assignes: doing no wast upon the same, nor plowing any other land then now is allowed. And that the said. I C. and his assignes, shall, at or before the said nineteenth day of May, next ensuing the date hereof, leave and yield up unto the said R A. his heires, and assignes, the quiet and peaceable pos­session of the said messuage, lands and all and singular the said pre­mises, with their appurtenances and cleerly depart, and remove off and from the same, except such part of the said Land, as is now sowne with Corne or graine, the which he the said I C. shal and may keep and enjoy, untill the next harvest; that he may cut and carry away the said Corne and graine, and that then he the said I C. shall leave and yield up the quiet possession of such part [Page 229]thereof, unto the said R A. his heires or assignes, and wholly de­part from the same.

Item, I further award, arbitrate, and order, that if the said I C. and his assignes, shall and doe, at or before the said 19 day of May, next ensuing the date hereof leave and yeeld up unto the said R A. his heires or assignes the quiet and peaceable possession of the said messuage land, and premises, with their appurtenan­ces (except as is before excepted) according to this order and arbitrement, that then the said R A. his heires, executors, or assignes, shall well and truly pay, or cause to be paid, unto the said I C. his heires, executors, or assignes, at or upon the three and twentieth day of May next ensuing the date hereof, in the South porch of the said parish Church of B. aforesaid, the sum of 50 pounds of current mony of England.

Item, I also further order and award, that the said I C. his ex­ecutors or assignes shall at or upon the said three and twentieth day of May, next ensuing the date hereof, by his sufficient deed in writing remise and release, unto the said R A. his heirs, exe­cutors, and assignes all manner of actions and causes of actions, sutes, quarrels, variances, discords, debates, debts, accompts, trespasses, claims, controversies, and demands whatsoever, had, moved, stirred, commented or depending between him the said I C. and the said R A. for any matter, cause or thing whatsoe­ver from the beginning of the world untill the second day of October, last past, before the date of this present award. And the said R A. his executors or assignes, shall at or upon the said 23 of May next ensuing the date hereof, by his sufficient Deed in writing remise and release unto the said I C. his heires, executors, and assignes, all and all manner of actions and causes of actions, sutes quarrels, varian [...]es, discords, debates duties, a [...] ­co [...]pts, trespasses, claims, controversies and demands whatso­ever, had, moved, stirred, commen [...]ed, or depending between him the said R A. and the said I C. for any matter, cause or thing whatsoever, from the beginning of the world untill the said second day of October last past, before the date of this present award; In witnesse whereof, the said E H. to these pre­sent Indentures, his hand and seale hath put, dated the 20 day of January in the year of our Lord God, &c.

Sealed and delivered by the within named E H. the day and year within written in the presence of

A sale and confirmation of an estate of a Lease of 100 yeares, to an assignee of part of the terme.

THis Indenture made, &c. Between T P, of B. in the Coun­ty of K. Clothier, of the one part, and T P. of M. fuller on the other part, Witnesseth, That the said T P. for and in consi­deration of the sum of &c. specified and conteined in one In­denture, bearing date the 20 day of September Ann Dom. &c. made between him the said T P. of the one part, and the said T P. of the other part, hath given, granted, bargained, sold and confirmed, and by these presents, doth fully, cleerly, and abso­lutely, give, grant, bargain, sell, and confirme unto the said T P. his executors, administrators, and assignes, all and further estate, right, title, interest, and terme of years, which he the said T P. his executors, administrators or assignes, or any, or every of them, have of, in or to one piece or parcell of Land arable and pasture, conteining by estimation, &c. scituate, lying and being &c. as the meets and bounds thereof on every side do divide and shew forth; And also all estate right, title, interest, and terme of years, which he the said T P. his heires, executors, administrators, or assignes, or any of them, have or hath, of, in, or to, all these three pieces or parcels of Land, conteining by estimation &c. lying and being, &c. and the meets and bounds thereof do divide, and shew forth all and singular which said premises were here­tofore demised by two severall Indentures of Lease unto I P. Father of the said T P. party to these presents, the one by E D. of A. in the said County of K. Esquire, bearing date &c. and the other by R S. of M. alias M. next S. in the said County of K. bearing date, &c. for the terme of one thousand yeares, as in and by the said severall Indentures; reference being thereunto had, doth and may more plainly and at large appear, To have and to hold, all and singular the said estate, right title, interest, and terme of years yet to come, and unexpired, of him the said T P. his executors, administrators, and assignes, of, in, or to the said premises, with their and every of their appurtenances, or of, in, or to every part and parcell thereof, unto the said T P. his executors, administrators, and assignes, for, during, and untill [Page 231]the residue of the said terme of one thousand years in the said recited Indenture specified and conteined, be fully compleat and ended; In witnesse, &c.

A grant by the Stewards of liberties, to certeine per­sons, to be their Bayliffes, and to collect all issues, Fines, and amerciaments, &c.

TO all Christian people to whom this present writing shall, come, T D. of Graies Inn, in the County of Mid. Gentle­man, and W B. of H. in the County of York Gent. sendeth gree­ting in our Lord God everlasting. Whereas George &c. by his In­denture bearing date &c. and signed by him the said I, and under his seale hath granted the Stewardship of all and singular his li­berties within the County of York together with all and singu­lar the appurtenances thereto belonging, unto the said T D. and W B. for the term of their naturall lives, and the longer liver of them, as in and by the said Indenture remaining of Record in the Court of Exchequer amongst other things it doth and may appear. Now Know ye that we the said T D. and W B. for divers good causes and considerations us thereunto especially moving, have authorized nominated, deputed, constituted, and appoin­ted, and do by these presents authorize, nominate, constitute, appoint our well beloved W A. and W C. within the said Coun­ty of York my Bailiffes, of all and singular the said Liberties of the said G. &c. within the said County, and to execute the Of­fice of Bailiffes, within the said Liberties, and to receive, collect, and gather all and every such issues. Fines, amer [...]iaments, sum and sums of money, as shall at any time, arise, grow due, or ac­crue unto the said G. &c. or unto us the said T D. or W B. within all or any of the said Liberties, within the said County of York, the said W A. and WC. giving unto the said G. a just accompt of all such sum or sums of money, which they or either of them shall so receive within three moneths after they have received the same and to doe and perform all and every such other thing and things whatsoever, belonging and appertaining to the Of­fice of Bayliffs, within the said liberties, ratifying and establi­shing [Page 232]by these presents, all and all manner of lawfull and reaso­nable act and acts thing and things whatsoever, as they the said W A. and WC. shall do in the premises within the said Liberty as aforesaid, or for the due execution of the same, in as large and ample manner, as if we the said T D. W B. were present in our per­sons for the acting or doing thereof. In witnesse whereof we the said T D. and W B. have hereunto put our hands and seals, the 18 day of July, in the yeare of our Lord God, &c.

A bargaine and sale to the, &c. of a Prebend, &c.

THis Indenture made the, &c. Between, &c. on the one par­ty, and Sir I M. Knight, on the other party, Witnesseth, That the said Sir I M. Knight, for certaine causes and conside­rations him especially moving hath bargained, sold, given, gran­ted, and assured, and by these presents doth fully and clearly bar­gaine sell give and grant unto, &c. all that his Prebend of T. in the County of S. with all and singular his rights, members and appurtenances, And also the advowson gift, presentation, colla­tion, and right of patronage of the same prebend, which said prebend the said Sir I M. lately had to him and his heires for ever of the gift and grant of, &c. as by his Letters Patents there­of made under the Great seale of England, bearing date, &c. to the said Sir I M. amongst other things more plainly appeareth. And also all and singular his Lordships, Mannors, Messuages, Houses, Buildings, Lands, Tenements, Meadowes, Leases, Pa­stures, Rents, Reversions, Services, Woods, Underwoods, Perso­nages, Chappels, Advowsons, Glebelands, Tithes, Oblations, Obventions, Pensions, Portions, Fruits, Profits, Commodities, Emoluments, and Hereditaments whatsoever, with their Ap­purtenances whatsoever, A bargain and sale of the rents, reserved upon any Lea­ses or grants, of the premi­ses, together with the deeds and evidences as well spirituall as temporall, of what kind or nature sover they be, or by whatsoever names they be called or known, set lying and being, comming, growing or re­newing in the Towns, Fields, Parishes, or Hamblets of T and R. in the said County of S. and in I. in the County of W. and elsewhere in the said Counties, or in either of them, or within the Realm of England, in any manner of wise belonging or ap­pertaining. And further the said Sir I M. by these presents bar­gaineth and selleth unto our said Soveraigne Lady, all the rents. [Page 233]and the yearly profits whatsoever reserved upon all Leases or grants made of the premises, or of any part or parcell thereof, together with all and al manner of Letters Pattents, Deeds, Evi­dences, Charters, Court-Rols, Terrets, Es [...]ripts, Covenant by the bargainer, to deliver the evidences which he hath, or may have, without sute in law, into the Exchequer, or other place assigned by the Officers of that Court, before such a day. Indentures, Lea­ses, Writings, and minuments concerning only the said Pre­bend Lordship, Mannor, Messuages, Lands, Tenements, and o­ther the premises, or only any part or parcell thereof, and as ma­ny of the same Letters Patents, Evidences, Deedes, Charters, Court-Rols Rentals, Terrers, Es [...]ripts, Indentures, Leases, Wri­tings and minuments as now be in the hands or custody of the said Sir I M. or of any other person or persons to his use, and which he may conveniently get or come by, without sute in Law for the same Sir I M. Covenanteth and granteth by these presents to deliver or cause to be delivered into the Court of Exchequer, or to such other place or places, as by the Treasurer and Barons of Officers of the said Court of Exchequer, or any of them, shall be appointed, to the use of, &c. at or before the Feast of Easter next comming after the date of these presents; And also all and singular other evidences, writings, and minuments concerning only the premises, or only any part or parcell there­of, which at any time after the said Feast shall chance to come to the hands or possession of the said Sir I M. or his heirs, the same Sir I M. covenanteth and granteth, to and with, &c. by these presents, to deliver or cause to be delivered into the said Exchequer, or into such other place as shall be appointed in form aforesaid, to the use of, &c. from time to time as the same shall chance to come to the hands or possession of the same Sir I M. or of his heires; To have and to hold the said Prebend, The usuall Covenant that the bargainer is true owner in fee simple, and had full power to sell the premises. Lord­ship, Mannor, and all and singular the said messuages, lands, tene­ments, Meadows pastures Leases, rents, reversions, services, ad­vowsons, and other the premises, with all and singular their ap­purtenances, to &c. and assignes for ever to the only use and be­hoofe of the said &c. and assignes for ever. And the said Sir I M. Covenanteth and granteth, to and with, &c. that the same Sir I M. is very true owner in fee simple of & in the premises & hath ful power and authority to bargaine and sell the same unto, &c. inform aforesaid. And also the said Sir I M. Knight, Covenant, that the lands are of such a value. covenanteth and granteth for him and his heires, to and with the said, &c. by these presents, That the same Prebend, Lorship, Mannor, lands, [Page 234]tenements, and other the premises, now be of the yearly value of thirty three pounds, or thereabouts &c.

A Lease of a Prebend.

THis Indenture made &c. between I S Esquire, of, &c. in the County of Sussex on the one part, and F E. Esquire on the other part, Witnesseth, that the said I S. hath demised, granted, and to form set and let and by these presents demiseth granteth, and to farme setteth and letteth unto the said F E his heires, executors and assignes all that his prebend or s [...]ite of Colivorth aforesaid, with all rents, services lands leases, and pastures, to the said prebend, s [...]ite, or farm belonging or appertaining, and all fines, herriots, wards, marriages, reliefes, mu [...]tures, estates, and tythes perquisites of Courts amer [...]iaments, escheates, Courts, Court-Barons, emoluments waters pischiaries fishings, and all other Royalties, commodities, profits, advantages; liberties, free­domes, and easements whatsoever they be now or at any time hereafter, to the said prebend, s [...]ite or Farm of C. aforesaid be­longing, or in any wise appertaining, To have and to hold the said Prebend, scite or farm of C. aforesaid, with all and singular their appurtenances thereunto belonging, as is afore particularly and severally rehearsed and declared, to the said F E. his heires, executors, & assigns from the Feast of the Anun [...]iation of our Lady, next comming after the date hereof, to the end & term of fourscore years, from thence next and immediately following, & fully to be compleat and ended yielding and paying therefore yearely unto the said I S. and to his successors during the term aforesaid, 18 l. of lawfull money of England, at two times in the yeare [...] that is to say, at the Feast of the anunciation of our Lad, and St Michaell the Ar [...]hangell, by even portions.

And if it fortune the said yearly rent of 18 l. or any part or parcell thereof, Covenant that it shal be law­full for les­ser to enter in­to the premises and distraine for the rent behind, and the distresse to deteine, till he be satisfied of the rent. to be behind and unpaid, to the said I S. or his successors, at any time or times during the term aforesaid, by the space of 40 days, next after either of the said Feasts of paiment, at which it ought to be paid, the same being lawfully asked, re­quired, and demanded that then it shall be lawfull for the said I S. and his successors, during the terme aforesaid, into the said prebend, scite or farm of C. aforesaid, and into every part and member of the same to enter and distraine, and the distresse so there taken, by the said I S. or his successors, during the teme [Page 235]aforesaid, to lead, carry, and drive away, and then to withhold, untill the said yearly rent of 18 l. with the arrearages of the same so behind, if any be, be to the said I S. and his successors du­ring the terme aforesaid, fully satisfied, Proviso, that the Lessor shal keep the pre­mises necessa­rily repaired, at his own cost during the terme. contented and payd.

Provided alwaies, that the said I S. and his successors, during the term aforesaid, shall sustein, uphold, maintain and keep the said Prebend, s [...]ire, or farm, and all other edifices, and buildings thereunto belonging, in all manner of necessary reparations, up­on his or their own cost and charges, so oft as it be needfull, du­ring the term aforesaid; In witnesse whereof, &c.

This Lease is confirmed both by, &c. and his, &c.

A Condition of an Obligation, to make a Release.

THe Condition of this Obligation is such, that whereas the above bounden L P. and F. his wife, have by their Inden­ture of covenant bearing date with these presents, together with E O. widdow, and G C. Yeoman, and E his wife, A O. S O. and M O. covenanted and agreed to levy and acknowledge un­to the above named A W. and his heires, or to such person or persons as the said A W. his executors or assigns shall nominate or appoint, one fine in due form of law of and concerning one capitall messuage &c. with their appurtenances, conteining by estimation, &c. lying, &c. and now in the possession of the said E O. or her assigns, unto the only use and behoofe of the said A W. his heires, and assigns, and of 7 other messuages, &c. with the appurtenances, lying, &c. to the use and behoofe of the said E O. and her assigns, for and during her naturall life, and after her decease then to the only use and behoof of the said A W. his heirs and assignes, with this proviso, or upon condition therein conteined; that he pay certaine sums of money, as by the said In­denture more at large appeareth. If therefore the said A W. his heirs and assignes shall and may for ever hereafter, quietly and peaceably have, hold, occupy, possesse, and enjoy the said capitall messuage, &c. with their appurtenances, now in the possession of the said E O. or her assignes, of and from all charges, troubles and incumbrances whatsoever, had made or done by the said L P. and F. his wife, and the survivor of them, and the heirs and assignes of them shall, at such times as the said A W. his heirs or assignes shall pay unto them, or any of them, the sum of mony to them limited to be paid, by and according to the tenor and ef­fect [Page 236]of the proviso in the said Indenture conteined, seale and de­liver, one sufficient release or discharge in writing, testifying the receipt of the said monies, the said release of discharge being then made and tendred unto them by the said AW. his heires, or assignes, and if that ever after the paiment of the said mony to the said L P. and F. his wife, and either of them, And also if he the said L P. and F. his wife, or either of them, their executors, or assignes, according to the purport and effect of the said provi­so, he the said A W. his heires, and assignes, shall and may quiet­ly and peaceably, have hold, occupy, possesse, and enjoy the said other seven messuages, &c. with their appurtenances, discharged. of, and rom all charges troubles, and incumbrances whatsoever had, made or done by the said L P. and F. his wife, or the sur­vivor of them, or the heirs or assigns of either of them, That then &c. Or else, &c.

An Indenture of Covenants upon Marriage with extraordinary Covenants therein contained.

THis Indenture made &c. between W M. of &c. and E M. of, &c. of the one part, and E M. of, &c of the other part, Wit­nesseth, that for, Consideration of a Marriage and in consideration of a Marriage of late had and solemnized between the said E M. and E his now Wife, Daughter of the provisoes, Articles, and Agreements, that passed and were made upon the conclusion of the same Marri­age, and for reducing of the same into Covenants; and also for the more security for conveying and assuring of a competent Jointure to and for the said E. of the inheritance of the said W. and E M. to be and remaine to the severall uses intents, and pur­poses hereafter and herein declared; and for di [...]ers other good, just, lawfull and reasonable causes, respect, purposes, and conside­rations, the said parties hereunto especialy moving: It is cove­nanted granted concluded, confirmed, condescended, determi­ned and agreed by, and between the said Parties to these pre­sents for themselves, their heirs, &c. and to the effect and form following, viz. First, the said W. and E M. for themselves, their heires, A Covenant to make Estates. &c. do covenant, grant, and promise to, and with the said E M. his heires &c. by these presents. That the said W. and E M. or either of them and their heirs, and the heirs of either of them shall and will at all times hereafter, and from time to time at and [Page 237]upon the reasonable request, costs, and charge in the Law of the said E M. his heires, &c. make seale, deliver, knowledge, perform, perfect and execute, and cause and procure, and suffer to be made, &c. unto such person and persons as by the said E M. his, &c. thereunto nominated and appointed all and every such E­state, Fines, Feoffments, conveyances, acts things, devises, and as­surance in the Law as by the said E M. his heires, &c. or his or their learned Councell shall be devised orrequired for the assu­ring, conveying, passing, and sure making of all and singular those messuages Lands, Tenements, and Hereditaments, Habend, for uses. cumpertinen­tiis, in, &c. To have and to hold the said Messuages &c. unto the said Person or Persons to be named and appointed as aforesaid, and his or their heires or assignes to the severall uses intents and purposes, and upon, with and under the provisoes and limitations hereafter in these presents expressed and declared, and to none o­ther use, intent, purpose, Covonant to whose use it shall be. limitation or meaning (that is to say) It is covenanted, granted, condescended, concluded and agreed by & between the said parties to these presents for themselves their heirs &c. and it is their full meaning, agreement, purpose and in­tent. That the said Estate, Fines, Feoffments, conveyance, and assurances for and touching, &c. shall be, and the said person or persons to be named and appointed as afore aid, and his or their heirs or assignes shall stand and be thereof seised to the use and behoof of, &c. That they are true owners, and are seised in Fee, &c. And the said W M. and E M. for them their &c. doe Covenant, &c. and either of them for and by himselfe his heires, &c. That they the said W M. and E M. and either them, or one of them at the making and executing of the said conveyan­ces and assurances are true, lawfull, and perfect Owner of the said messuages lands tenements and hereditaments, cum pertinent is; and are thereof lawfully seized in possession of an absolute Estate in Feesimple, Fee-taile, or the one of them and are thereof seised in possession for term of his life, with the immediate reversion or remainder thereof over to the other of an estate of Inheritance, & shall then have ful power, right title & authority to pass, con­vey, & assure the premises, cum pertinentiis, to the uses, & accor­ding to the effect aforesaid. And free from incumbrances And that they the said W M. & E M. and either of them their heires, &c. shal and wil at al times here­after acquit and discharge, or otherwise, from time to time upon reasonable notice and request fully and sufficiently save harmless [Page 238]aswell the said messuages, &c. as also such person or persons to whom any use or estate is before by these presents limited or appointed of, for, from, touching and concerning all and all man­ner of bargains, s [...]les, guifts, grants, fines, feoffements, estates, en­tailes recoveries, executions, limitations, presente contingente, and future uses, statutes, recognizances, judgements, rents, charges, troubles, leases, extents, entrusions, issues liveries forfeitures ex­ceptions. And that he the said E M. and E. his wife, That they shal enjoy. and the said E M. and his heirs, and the said severall sons the heires of their severall bodies lawfully to be begotten, and all and every other their heire and heires to whom any use or estate is by these pre­sents before mentioned, intended, limited, appointed or decla­red shall and may quietly and peaceably, have hold, occupy and enjoy the faid premises, cum pertinentiis, according to the uses and true meaning before declared, and the assurances hereafter to be made and passed in that behalfe without any let, sute, vexati­on, hinderance, expulsion, eviction, interruption or trouble of the said W.M. or his heires or assignes, or of any other person or persons lawfully claiming from, by, or under him or them, or by his or their means, assent commandements, or procurement, (Exceptions) And that the said W. and E M. nor either of them, That he shall not doe any act to make void the E­states, nor to disable him to sell. shall not at any time or times hereafter make, do, attempt assent unto, knowledge, execute, or willingly suffer any manner of e­state, conveyance, assurance, act, thing, matter or device whatso­ever, whereby, or by reason, whereof the uses and estates before declared, or any of them for and touching the said Lands and Te­nements, or any part or parcell thereof, shall and may be discon­tinued cut off, debarred, overthrown or made void, or whereby the said E. or any of the said sons or any heire of any of their bo­dies lawfully begotten, or the heire of the body of the said E M. upon the body of the said E. lawfully to be begotten, or the said E M. or his heires, shall or may by any means be defeated, de­frauded, excluded or disinherited of the premises, or any part or parcell thereof, or of any use or estate hereby to him or any of them appointed, limited or intended to be contained or menti­oned in any of the said conveyances, or assurances, contrary to the true meaning of these presents, or whereby or by reason where­of the said W M. and E M. or any of them shall or may in any sort or degree be disabled perfectly, sufficiently and surely to [Page 239]make passe, convey and assure the said Messuages, Lands, and Te­nements, or any part or parcell thereof, according to the uses, limitations and true meaning of and in these presents ex­pressed and declared. And the said W M. and E M. for them, If the land be not passed be­fore the day, then they to stand to the uses before declared. their heires, &c. and either of them for and by himselfe, his heires, &c. do and doth in consideration of the said Marriage, and for and in consideration of the said naturall love, good will, zeale and fatherly affection which the said W M. hath and bea­reth towards the said E M. and for the conveying and assuring of the said Jointure and for the establishing setling and assuring of the said Messuages, Lands and Tenements, cum pertinentiis, to the severall uses, behoof and purposes before herein expressed and declared, and for and in respect of divers other good causes and considerations them especially moving, grant, covenant and promise to and with the said E M. his heires, &c. That if or in case the said Messuages, Lands and Tenements, or any part or parcell thereof shall happen not to be by good and sufficient conveyance and assurance in Law sufficiently conveyed passed and assured to the uses intents, behoofs and purposes aforesaid within the space of &c. next ensuing the Date hereof; That then and from thenceforth the said W. and E M. and either of them and their heires and assignes, and the heires and assigns of either of them, and all and every other person and persons that then shall stand and be seised of, and in such and so many of the pre­mises as shall not be sufficiently and perfectly conveyed, passed and assigned to the uses aforesaid shall stand and be thereof sei­zed to such severall uses, respects, purposes, limitations and in­tents, and under such provisoes and conditions as are before by and in these presents limited, expressed, appointed and declared for and touching the same, according to the true meaning of these presents: Proviso, that if E. dy before she be aged 24 years, with­out issue li­ving or if it be alive, and live not till shee should have been aged 24 yeares, if shee had lived, then the estate to be void, and they to stand se [...]zed to the use of E M. till W M. pay him 500 l. then the Estate to be to the use of W M. and E M. for her join sure. Provided alwaies a ditis granted concluded condescended determined and agreed by and between the said parties to these presents for themselves their heires &c. And it is also their full meaning agreement purpose and intent, That if the said E. shall happen to decease and depart this life before her full age of 24 years without any issue of her body of, and by the body of the said E M. lawfully begotten then living, or in case she have the issue living, if the same issue happen to decease and depart this life before such time as the said E. if she had lived [Page 240]should have accomplished the said age of, &c. That then and from thenceforth the uses before herein declared and expressed for and touching the said Messuages, Lands, and Tenements, cum pertinentiis, by and in these presents limited and appointed tobe conveyed to and for the Jointure of the said E. shall utter­ly cease, determine and be void to all intents and purposes. And that then and from thenceforth, and at al times after the said estates feoffment, conveyances and assurances for and touching the said Lands and Tenements, cum pertinentiis shall be, and shall inure, and the said Person or persons to be named and appoin­ted, as aforesaid, and his or their heires and assignes shall stand and be thereof seized to the use and behoof of the said E M. and his heires, untill the Feast of &c. that the said W M. his heirs &c. shall well and truly pay, content and satisfie unto the said E M. his &c. at his now dwelling house s [...]ituate &c. the sum of, &c. without fraud or covin, and that from and after such paiment, the same appointed estates, feoffments, conveyances and assuran­ces for and touching the premises limited and appointed to and for the Jointure of the same E shall be, and the said person and persons to be nominated and appointed as aforesaid, and his and their heirs and assignes shall stand and be thereof seized to the use and behoof of the said W M. and E M. and their heirs and assignes for ever. Anything in these presents contained or to be contained in the same estates, feoffments, conveyances and assu­rances, or any of them to the contrary thereof in any wife not­withstanding: Provided alwaies, Proviso, that if any of the Fe­offees do any act to hinder the estates, then the estate of them so at­tempting shal go to the other Feoffees and it is neverthelesse fully con­cluded, condescended and agreed by and between the said par­ties to these presents, and every of them. That if the said V G. W. G. and R G. or any of the heires of the body of the said E M. lawfully begotten shall at any time or times hereafter willingly, advisedly, or actually attempt, or go about to commit or do, or cause to be done any act or acts, thing or things whatsoever of the said Mannors &c. to be assured or conveyed or any part or parcell thereof, whereby, or by means whereof any estate, use or possession above in these presents, limited or expressed, for any of them shall or may be in any wise discontinued, impeached, char­ged, hindered, cut off, barred or extinguished, contrary to the intent and true meaning of these presents, except such act and acts, thing and things as are in or by these presents mentioned, [Page 249]licensed, limited or permitted, and except the lawfull and reasonable Dower of such woman or women as are, or shall be, his or their lawfull wife or wives, That then immediately, and from and aftere­very such attempt of the said V G. W G. or R G. or any of them, or any of the heires males aforesaid the estate, use remainder and pos­session of such of them as so shall willingly advisedly and actually at­tempt, go about, doe commit, or cause to be done any such act or acts, thing or things, shall cease and determine of, and in, and for such part onely of the said Mannors, &c. whereof any such attempt or going about shall be had or made, as is aforesaid, as though such person or persons so attempting, or going about were naturally dead; and that, yet neverthelesse, all other several uses estates and remain­ders now by these presents limited, and expressed of, and for the same, shall stand and be of and in the same, and in the like sort as if such person or persons so attempting, or going about were dead: And, that then and from thenceforth the said conveyance and assurance shall be, and the said Feoffees and their heirs, and all other persons to whom any such conveyance or assurance as is aforesaid, shall be had or made, and their heires shall stand and be seized of, for and concerning so much, and such parcell onely of the said Mannors, &c. so to be conveyed and assured, whereof any such attempt or going about shall be had or made to the use and behoof of such o­ther person and persons, as should or ought to have the same by the intent and true meaning contained in these presents, next after the death of the said person or persons so going about or attempting in such sort and manner and of such estate and estates as is aforesaid li­mited, and as he or they should or ought to have the same if the said person or persons so attempting or going about to doe any act or thing were then dead: Any thing in these presents contained &c. notwithstanding. Provided also, that if the said V G. or any of the Sons of the said V G. lawfully begotten, Proviso, that if any of the Feof­fees marry without the consent of V G then their E­states shall be to them which ought to have it as if he had been dead. or any other which then shall be heir apparent of the said V G. shall in the life time of the said V G. marry or take a Wife, or contract Marriage without the con­sent of the said V G. first had and obtained in writing, That then the estate, use remainder and possession of every such person and persons so marrying and contracting sha [...]l cease, determine, and be void as though such person and persons so marrying or contracting, were naturally dead. And that yet neverthelesse all other the severall uses, estates and remainders now by these presents limited and expressed of and for the said Mannors, &c. shall stand and be of and in the same, and the like sort, as if such per­son and persons so marrying and contracting were dead, and that [Page 250]the said conveyance or assurance, and the said Feoffees and their heires and assigns, and all other persons to whom the said convey­ance and assurance as is aforesaid shall be had or made, and their heires shall stand and be seized of, for and concerning the said Man­nors &c. to be conveyed or contained in the said conveyance and assurance to the use and behoof of such other person or persons, as should or ought to have the same by the intent and true meaning of these presents, next after the death of the same person or persons so marrying or contracting in such sort or manner and form, and of such estate and estates as is before limited and as he or they should or ought to have the same, if the same person or persons so marry­ing or contracting were then dead Any thing herein contained &c. notwithstanding. Proviso, that it shall be lawfull for V G. to make his wi [...]e a Join­ture of 100 l. a yeare, du­ring her life. Provided alwaies and it is the true &c. that it shal and may be lawfull to and for the said V G. by his writing or wri­tings indented sealed with his seale, and subscribed by him in the presence of three witnesses at the least or by his last Will and Testa­ment in writing to be sealed and subscribed by him or published in the presence of three witnesses at the least, to give, grant, limit or appoint to every or any woman that is or shall be hereafter his lawfull wife, one annuall or yearly Rent not exceeding the sum of 100 l. by yeare to any such woman to be severally inssuing and grow­ing out of the said Mannors, &c. so to be conveyed and assured, or any part thereof. Habend. the said annuall Rent to every or any such woman for term of her life, for, and in the name of her Jointure the same to be paied at the Feasts of, &c. yearly by even portions; the first paiment to begin at such of the said Feasts, as shall happen next after the decease of the said V G. Provided alwaies and it is in like man­ner agreed, Proviso, that it shall be lawfull for him to give unto A B 100 l. per annum, in conside­ration that he is to pay his daugh­ters portion. &c. ut supra, to give, grant limit and appoint unto A B. and his heirs, one other annuall and yearly rent, charge of 100 l. per annum to be issuing, and going out of the said Mannors, &c. to be conveyed or assured as aforesaid, or out of such part thereof, as shall be liable and sufficient to, and for the same. Habens. the said annuall rent of 100 l. to the said A B. and his heirs, under and upon such conditions, limitations trusts and confidence as hereafter is in these presents contained and expressed, the same to be paid at the Feasts a­foresaid by even portions, and the first paiment thereof to begin at such of the said Feasts as shal happen next after the decease of the said V G. Neverthelesse it is the intent and meaning of the said Parties to these presents, That the said A B. and his heires shall have and re­ceive of the said annuall rent of 100l. upon a speciall trust and con­fidence, [Page 251]that he and his heirs, of, and with such sums of mony, as shall be had and received thereof, and thereby shall content and pay, or cause to be paid as well to every daughter of the said V G. upon the body of the said M. his wife, lawfully begotten, or hereafter to be begotten, which shall be living at the time of the decease of the said V G. and not married (except such as shall dy if they be married, the full sum of, &c. apiece for and towards their advancement and preferment in marriage, or o­therwise, as also to such of the said daughters of the said V G. as shall be married in his life time, and whose marriage-mony agreed upon by him in his life time, shall be unpaid in part of the whole at the time of his decease, such sum and sums of mony as with such part of the said marriage mony which shall be paid in the life of the said V G. shall ex­tend to be and for every such daughter 500l. apiece in the whole, the same to be first paid and discharged according to such Covenants, Bonds and agreements as shall be made by the said V G. in that behalfe, and then the other sums aforesaid to be lea [...]ied and paid to every other of the said daughters successively according to the order and priority of their age and birth. Provided, Proviso, that it shall be lawfull for him to let to lease or lives. that if shall and may be lawfull to and for the said V G. by his deed or deeds Indented to be sealed with his seale, and lawfully executed to demise, grant, or let to farm all and every the said Mannors, &c. except to any Person or persons for 27 yeares, or three Lives or for 21 years, or under in possession only, and not in reversion or remainder, of for any term of years determinately, and to be determined upon two or three Lives; so that the antient yearly rent and service, or more, be reserved payable yearly upon every such demise and lease to have continuance during the terms thereof, and so that no such lease be made without impeachment of waste, by reason of any expresse words to be contained in the same. And it is condescended concluded and a­greed upon by and between the said parties to these presents, and every of them, That it shall be lawfull for the Feof­fees to di­straine if the rent be unpaid. That the conveyance and assurance, and the said Feoffees and their heires shall stand and be seised of and in the said Mannors, &c. so to be charged, eased, and demised to the use intent, and purpose, That every such person to whom any such grant or rent shall be made, their heirs and assignes shall and may from time to time for non-paiment of the said sverall rents, enter into the said Lands and Tenements so to be charged and distraine for the same, and the arrearage thereof, as in case of a rent-harge, and also to the intent and purpose, that every such de­mise and Lease shall be good and effectuall in Law according to the purport and effect thereof; So as the Leassees and their assigns do from time to time, and all times pay the rent and doe the service reserved [Page 252]thereupon, That it shal be lawfull for V G. to revoke the uses. and perform the Covenants contained in the same Lease. Any thing herein outained, &c. notwithstanding. Provided alwaies that the said V G. shall and may by the license and assent of the said E M. under hand and seale of the same E M. or his heirs first had and ob­tained in writing, alter, hange, repeale, and revoke the user or limitation before-mentioned, or any of them, and by the same, or afterwards, by any other con. eyan [...]e, limit or appoint such part of the said Mannors, &c. whereof of any such li [...]ense shall be had and procured to be to such uses and of and for such Estates, and for such person and per­sons and his or their heires as the said V G. shall by writing Inden [...]ed, sealed with his seale, and tubs ribed by him in the presence of three wit­nesses at the least, shall de lare, limit, or appoint. And it is agreed by and between the said parties to these presents, that the said con [...]eyan [...]es shall be, and the said Feossees and their heires after such li ense had and ob [...]eined and such declaration, limitation and appointment, had and made to such uses and intents of such Estate and Estates, and of such Per on or Persons as by the said V G. shall be declared, limited or ap­pointed in manner, and form aforesaid. Provided, that the said signifi­cation or declaration, or any thing before expressed, touching or concer­ning the altering, changing repealing, or revoking of the said uses or any of them, or the said premises, or any part thereof not withstanding, that yet neverthelesse all and every demise and demises, Lease and Lea­ses in manner and form aforesaid to be made, shall stand and remain, and be in the severall force, strenghts, and effects, according to the true in­tent and meaning of the said demise and Lease: Any thing, sc not with­standing. Proviso, that it shall be lawfull for S. t. grant the Lands to any body till R S pay him 200l. Provided alwaies, and it is granted covenanted, and agreed by and between the said pa [...]ties to these presents for themselves and their heires, That it shall and may be lawfull to [...]nd for the said S. at all or any time or times hereafter during his [...]e a [...]d pleasure either by his last Will and Testament in writing or by his Deed or Deeds in writing under his hand and seale, to give, grant assigne de [...]ise dispose or appoint the said Messuages, Lands, Tenements, Farms and Takings, or any part or part o [...]parcell thereof (except) unto any person or persons, or his or their heirs, Execurors, or assigns, shall or may have take, receive or leavy of the rents issues, and profits, such sum or sums of mony as shall not in the whole exceed or surmount the sum of 200 l. or else untill such Feast of &c. in the which R S. the Son or the heirs male of his body lawfully to be begotten, and for default of such issue untill the heir of the said R S. the Father shall or will truely content and pay unto the said person or persons, or his or their heirs of Assignes, such sum or sums money [Page 253]not exceeding the laid sum of 200 l. at the most, as the said R S. the Fa­ther shall by such Will, Deed, or Deeds, limit, expresse, or appoint. And the r [...]upon it is covenanted granted, and agreed by and between the said parties to these presents for themselves and their heires, That the said estate and assurance for and touching the said Lands and Tene­ments that shall be so given, granted, conveyed, assigned demised, dispo­sed, or appointed as aforesaid, his or their heires, &c. according to the true intent and meaning of the said Will, Deed, or Deeds, untill such time as the said person or persons, or his or their heirs, Executors, or As­signes, shall have, take, receive and leavy of the Rents, issues, and profits, such sum or sums of mony as shall be limited or appointed of the said R S. the Father or that the said Will, Deed or Deeds, or untill the Feast of &c. in the which the said R S. the Son or the heres males of his body lawfully begotten, or for default of such issue &c. shall wel and truly con­tent and pay to such person or persons or his or their heires, &c. such sum or sums of mony as shall be limited or appointed by the said last. Will Deed or Deeds, according to the true meaning, intent and appoint­ment of the same last Will Deed or Deeds, and from and after such time or times, as the said sum or sums of mony shall or may be le [...]ed, re­ceived, or had or otherwise paid and satisfied, in sort aforesaid the said estates for and touching the said Lands and Tenements wich shall be given, granted, conveyed demised, disposed or appointed, as aforesaid, shall be; and the said T J. &c. shall stand and be thereof seized to such uses, be hoose and purposes, and of such person, and in such Estate, sort, manner and form, as the same should have been, remained, des ended, re­verted or come by, and according to the true meaning of these presents (if his present proviso had never been) Any thing, &c. notwithstan­ding. Provided a wa [...]es &c. that, it shall be lawfull to, and for the said R. S the Father during his life by writing indented under sea [...]e, or by any other conveyance and assurance in writing, or by matter of record, to grant convey, appoint and assure unto or unto the use of such woman or woman, &c. [...]or Jointure to these ond Wife. Provided also, Proviso, that it shall he lawfull [...]or R S. to let L [...]nds in the re­ [...]re o' C. B. for a lointure or 3 Loves. &c. that i [...] shall be lawfull to and for the said R S. the Father, at all and every time and times hereafter, and from time to time during his naturall life by writing indented under seal, to demise, grant, let and [...]e [...] in possession, and not in reversion so much of the premises, cum p [...]rtin [...]t [...]is. &c. as are in the tenure &c. and all the rest and residue of the said Messuages, &c. other then the premises before appointed for the Jointure of the said &c. So that the same Lease or grant to be made of the premises in the tenure of, &c. shall not surmount nor exceed the number of &c. or [Page 254]th [...]ee Lives from the making there of. And so, that also the said Leases or [...]rants to be made of the rest and residue of the premises in the, &c. from the making of them and so as upon every of the same Lease, there shall be reserved so much annuall rent, or more, as is now unpaid or un­answered for the same, and that then the said Estate for and touching the premises so to be devised shall be, and the said T J. &c. shall stand and be thereof seized to the use and behoofe of all and every such per­son or persons, or his or their Assignes to whom any such Lease or de­mise shall be so made for and during the term and terms for which the same shall be so demised, according to the effect and true meaning of such demises or Leases, and from and after the expiration and end of such Leases as the same shall severally end and determine; Then to such further use and uses, and in such sort, manner, and form, as are before in these presents limited, mentioned, and declared for and touching the same, That it R S. doe declare that the u­ses afore­said shall be void, then they shall stand seized to his use. any thing &c. not withstanding. Provided also that if the said R S. the Father, doth, or shall at any time hereafter by writing under his hand and seale revoke, determi [...]e, disanull annihilate or make frustrate or void the uses before declared, for and touching the said closes, &c. and for and touching of the said Lands and Tenements in the tenure, &c. to be appointed and set out by the said R S. the Father as shall not surmount not exceed the clear yearly value of, &c. over and above all charge and reprizes and do or shall by the same wiring signifie declare, notifie, and publish that his Will and determination then shall be that the uses so by him revoked, repealed, or made frustrate, shall have no longer continuance: And, that then, and from then eforth the said estate for and touching onely the said Lands and Tenements for and touching which the said uses shall be revoked, repealed determined, and made frustrate, or so signified, declared; notified or published to haver olonger continuance and the said T J. &c. shall stand and be thereof sei [...]ed to the use and behoof of the said R S. the Father, and his heirs and assigns for ever, That it R S. be minded to purchase Lands, then it shall be lawfull for him to re­voke the uses. any things, &c. notwithstanding. Provided also, that if the said R S. the Father be disposed at any time hereafter to buy, purchase, get or obtaine in Fee-simple taile for life lives or years, any Lands, Tenements, Hereditaments, cum pertinenti [...]s, within the Lordship of &c. and shall or do hereupon by writing under his hand and seale revoke, determine, disanull, annihilate, or make frustrate or void the use of so much of the same Lands and Tenements in the tenure &c. as the said R S. the Father shall set out or appoint to be sufficient or convenient to be bargained or sold away for the provision of mony for buying, purchasing, getting or obtaining of the said Lands and Tenements in the tenure &c. in Fee­simple, [Page 255]Fee-taile, for life, lives, or years, aforesaid, a [...]d do or shall also by the same writing signifie, declare, notifie and p [...]blish, that his Will, pleasure, and determination then shall be that th [...]euses so by him revoked repealed or made frustrate, shall have no lon [...]er continuance, That then and from thence forth the uses so revoked r [...]epealed, or made frustrate, or so notified, declared, published or sign [...]ed have no lon­ger continuance, shall for and tou hing onely su [...]h of the same Lands and Tenements for or con [...]erning wich the same: use and uses shall be so repealed revoked, or made frustrate or so n [...]ti [...]ied, declared, sig­nified or published to have no longer continuance utterly cease deter­mine and be void and that then and from then [...]eforth the said estate for and touching only the said Lands and Tenements &c. ut s [...]pra. That R S. shall assure the lands so bought to T J. And the said R S. the Father doth grant, Covenant, and promise for him, his heires &c. that he at all times from and after such times as hee shall buy, purchase obtaine, or get in Fe [...]e-simple, Fee-taile, for life, lives, or yeares, any Lands, Tenements, or Hereditaments, cum pertinentiis, within the said Lordship of, &c. as aforesaid, shall and will at the reasonable request of the said W F. his heirs, &c. convey, passe, grant, and assure all the estate, right, title, in­terest, and demand of him the said R S. the Father in and to the same Lands and Tenements unto the said T J. &c. to such uses, intents, behoofes and purposes, and with and under such titles, conditions, and provisoes as are before in and by these presents limited and appointed for and touching the said Lands and Te­nements now in the tenure, &c. as by the said W F. his heires, &c. or his or their Councell learned shall be reasonably devi [...]ed, ad­vised, or required. Proviso, notwith­standing any repeal, the Leases made by R S. shall be in force. Provided neverthelesse, and it is the [...]ull meaning, purpose, intention, conclusion and agreement of the said parties, for themselves, and their heires, that notwithstanding any frustrating, repeale, revocation, alteration or determination, That at any time or times hereafter shall be made of any of the uses before mentioned, or of any new limitation or appointment that shall be made of any new use or Estate of or in the premi­ses, or any part or parcell thereof, and notwithstanding any pro­viso, clause, or matter mentioned or contained in these presents, all and every the Leases and devises to be made by the said R S. the Father, according to the true meaning of these presents shall still stand and remaine in full power, force, and effect to all in­tents and purposes; any proviso or other thing, &c. notwithstan­ding. And it is further, &c. that if there shall be more land in quan­tity [Page 256]contained or comprized in any of the said Fines then the said Messuages, &c. before mentioned, whereof it is agreed that a Fine shall be levied at the said next Quarter-sessions, as aforesaid, doe amount un­to, That then the said fine or fines for and touching the overplus and surplusage that shall be, then the said fine or fines more then the said Messuages, &c. before, especially mentioned, doe amount unto, shall be to such of the said parties and their heirs, as the same did or doth belong unto at the ensealing of these presents.

In witnesse, &c.

An Indenture for the leavying of a Fine, and to lead the use of a Reco­very, which Recovery is for two severall Annuities.

In conside­ration of a Marriage, and for, &c. THis Indenture Tripartite made. &c. between R S. of, &c. on the first part, H S. of &c. on the second part, and T B. of, &c. and R S. of, &c. on the third part: Witnesseth, that for and in consideration of a marriage heretofore had and solemnized between the said H S. and E. his Wife and for the setling of the Lands Tenements, and Here­ditaments hereafter mentioned in the name and blood of the said S. in such sort, manner and forme, as hereafter in these presents is limited and appointed. It is covenanted granted, concluded, and agreed by and between the said parties: And the said R S. doth by these presents for him, his heires, &c. Covenant grant, conclude, and agree to, and with the s [...]id H S. his heires, &c. That they the said R S. and A. his wife together with the said H. and E. his Wife, shall and will before the Feast of &c. next and immediately ensuing the date hereof by fine, Covenant to acknow­ledge a Fine. sur conusance de droit carp, [...]ro. Quils ont de dono predict. Henrici & E [...]more, in due forme of law to be levied before the Justices of our said Soveralgne, &c. his heires or successors, of Common-pleas, between the said T B. and R S. Complainants, and the said R S. and A. his Wife, and the said H. and E his Wife Defor [...]i­ants recognize and acknowledge al [...] that the Mannor of &c, with the rights, members, and appurtenances thereof, in the Counties of, &c and all and singular Mannor-houles; Messuages, Demesne Lands, Lands. Te­nements, Meadowes Leasowes, Feedings, Pastures, Woods Under­woods, Commons Profits, Court leets, and Profits, and Parqui­sites of Courts and Leets, Priviledges, Advantages, Emoluments and Hereditaments whatsoever scituat, lying, being, happening, or renuing within the Towneships, Parishes, Hamlets, Fields, and Precincts of, &c. or any of them is the said Countics of, &c. [Page 257]or either of them to the said Manour in any wise lying; be­longing or appertaining, or accepted, reputed, called, called, taken or knowne, as part, parcell, or member thereof. And all other the Lands, Ten [...]ments, and Hereditaments, in &c. in the said Co [...]n [...]ies, or any of them, in the which the said R. S. or A. his Wife, or any of them have, or at any time heretofore had any Estate of inheritance in possession, reversion, or remain­der, with all and singular the appurtenances by some name or names in the said fine to be contained, to be the right of the said T B. as those which the sain T. B. and R. S. shall remise and quit claime from them the said R. and A. H. and E. and the Heires of the said R. and H. to the said T. and R. and the Hires of the said T. for ever. And the said R. and A. H. and E. and the Heires of the said R. and H. shall als by the same fine, And to war­rant the Lands. warrant the said Manour and premises with the appurtenances unto the said T. and R. and the Heires of the said T. for ever; which sine so as aforesaid, or in any other manner or forme to be leavied or acknowledged by or be­tween the said Parties, or any of them on this side and be­fore the said Feast, shall be, and shall enure, and shall be con­strued, adjudged, and taken to be, and to enure to the use and behoof of the said T. B. and R. S. and their Heires, to the in­tent and purpose, that the Recovery hereafter mentioned may be had and leavied against them or the Survivor of them then being Tenant of the premises: and it is further covenan­ted, granted, concluded, That they shall suffer a com­mon Reco­very. and agneed by and between the said Parties and every of them, their and every of their Heires, That they the said T. B. and R. S. R. S. and A. his Wife, and H. S. and E. his Wife, shall and will permit and suffer L. B. and T. F. before the Feast of &c. hex [...] by Writ or Writs of En [...]re sur disseisin in le pust, to be sured and obtained out of the high Court of Ohancery, and re [...]nable before the Justices of the Common-pleas, in the names of the said L. B. and T. F. Demaundants against the said T. B. and R. S. being Tenants, to recover to them and their Heires in due forme of Law ac­cording to the usual forme of common Recoveries for assu, rance of Land, Ten [...]em [...]nts, and Here ditaments, against the said [Page 258] T. B. and R. S. or the Survivor of them then Tenants or Te­nant of the said Manours and premises, all the said Lands, Te­nements, and Hereditaments, with all and singular their and every of their appurtenances by some name or names in the said Writ and Recovery to be contained [...]in and to which Writ the said T. B. and R. S. shall (gratis) appeare in pro­per Persons, and enter into warranty, and vouch over to war­rant the said Manours and premises with the said appurte­nances to the said R. S. And shall further doe all that to them in the behalfe shall appertaine, and the said R. S. shal likewise appeare (gratìs) in proper person, and enter into warranty and vouch over to warrant the same Manours and premises, to the said H. S. and E. his Wife, and shall further doe all that to him the said R. shall in that behalfe apper­aine. And the said H and E. shall in lke manner (gratìs) appeare in proper persons, and enter into like warranty and vouch over to warrant the said Manours and premises the common vouch, and shall doe also all that to them in that be­halse shall be requisite for the suffering of a good and perfect common Recovery: So, as a good and perfect Recovery may be had and suffered of the said Manours and other the premises, and every part thereof; which Reco­very so, as aforesaid, or in any other manner or forme to be had or suffered, shall be executed by Writ or Writs of our said Soveraigne Lord, his Heires or Successor, of hab. faci­as seisinam: which Recovery so, as aforesaid, or in any other manner or forme to be suffered and executed, and all Re­coveries to bee had, suffered and executed of the said Manours and premises, with the appurtenances, at or before the said Feast of, &c. shall be and shall enure; and the said Recoverors in and to the said Recovery and Reco­veries shall from the suffering and executing thereof, stand and be seized of the said Manour and premises, to the uses, intents, That the Re­covery shall be for one annuity of [...]ol per [...]. and purposes hereafter specified, expressed, or de­clared, and to none other use, intent, or purpose: viz. from and after the execution thereof, that the same be for one annuity or yearly rent of 20l. by the yeare, to issue out of the said Manours and premises to the use of the said H. S. [Page 259]and his Heires during the life of the said R. payable at the Feasts of, &c. by even and equall portions, and to the in­tent, use, and purpose, that if the said annuity or yearly Rent be behinde and unpaid after any of the said payable Feasts at which the same ought to be paid, If the annuity be behind, it shall be law­ful for him to distraine. That then and so often it shall be lawfull to and for the said H. and his Heires into the said Manour and premises to enter and distraine, and the distresse and distresses there found to take, lead, drive, carry away, impound and retaine untill the said annuity with the arrerages thereof, it any be, fully contented, satisfied, and paid unto the said H. S. his Heires or Assignes. And to the further use and behoof of and for the said Manours and premises with the appurtenances to, for, and of the said R. S. for terme of his life without impeachment to waste, and from and after the decease of the said R. that the same Recovery and Recoveries before one other annuity or yearly Rent of 20l. per annum, It shall be for other annuity of 20l. per [...]nn. to issue out of the said Manour and premi­ses to the use of the said A. during her naturall life, payable at the said Feasts by even and equall portions; and to the in­tent, use, and purpose, that if the said annuity or yearly Rent of 20l. be behind and unpaid after any of the said pay­able Feasts, at which the same ought to be paid, during the life of the said A. after the decease of the said R. That then and so often it shall be lawfull to and for the said A. after the death of the said R. into the said Manour, &c. ut supra. And from and after the Decease of the said R. to the further use and behoof of and for the said Manour and premises with the appurtenances, to be so, as aforesaid, recovered of the said H. S. and E. and of the Heires of the body of the said H. by him on the body of the said E begotten or to be begot­ten. And for default of such issue, then to the use of the Heives of the body of the said E. lawfully begotten; and for default to such issue, then to the use of the Heires males of the body of the said R. on the body of the said A. lawful­ly to be begotten; and for default of such issue, then to the use of the right Heires of the said E. for ever. And the said R. S. &c. doth covenant, &c. to, and with the said H. S. &c. That the said R. S. his Heires, &c. shall and will [Page 260]from time to time, and at all times hereafter, acquit, exo­nerate, and discharge, or otherwise upon reasonable re­quest to him or them in that behalse made, save, and keep harmlesse and indempnified as well the said Manour and premises, and every part thereof, as also the said H.S. and E. and their said Heires, of, for, and concerning the said Ma­nours and premises of and from all and all manner of for­mer grants, bargains, sales, statutes, recognizances, charges, titles, troubles, and incumbrances whatsoever had, made, done, knowledged, or suffered, or hereafter to be had, &c. ut supra, by the said R.S. or any other person or persons by his meanes, assent or procurement, (such assurance as the said R. hath heretofore made to, Covenant for further assurances. and for the use of the said H. and E. or either of them only excepted) And also the said R.S. doth further, &c Covenant, &c. to and with, &c. That he that said R. and his Heires shall and will make, doe, know­ledge and suffer, or cause and procure to be had, &c. all and every such further and reasonable act and acts, thing and things, device and devices in the law for the further assuring and sure making of the said Manor and premises and every part thereof unto the said H.S. and E. and their said Heires, to the uses and intents aforesaid: Be it by fine or fines, re­covery or recoveries, feoffements, release, confirmation, or otherwise, with warranty of the said R. and his Heires, a­gainst him and his Heires, or without warranty if it be so re­quired; As by the said H.S. his Heires or Assignes, or his or their learned Councell in the law shall be devised, advised, and required,

In Witnesse whereof to one part of these present Inden­tures tripartite, remaining with the said H.S. and E. his Wife, the said R.S. and A his Wife. T.V. and R.S. have put their seales; to another part of the same Indentures remaining with the said R.S. and A. The said H.S. and E. his. Wife, T.V. and R.S. have put their seales: and to one other part also of the same Indentures remaining with the said T.V. and R.S. the said R.S. and A. his Wife. H.S. and E. his Wife have set their seals. Dated the day and year first above written.

An Indenture of Covenants upon Uses for leavying a Fine, and for the perfecting of the Estate of the Lessee for yeers.

THis INDENTƲRE made &c. Between I.H. of &c. of the one part, and I.T. of &c. of the other part: Witnesseth, that Sir T.T. Knight, Grandfather to the said I.H. party to these presents did by his Indenture of Lease, Dated &c. demise, grant, and to farme let unto the said I.T. all that his houses, edifices buildings, barnes, stables, or­chards, gardens, meadowes, feedings, pastures, closes, moores, mosses, wast ground, woods, under-woods, wayes, waters, common of pasture and turbary, and hereditaments whatsoever in S. commonly called and knowne &c. To have and to hold, &c. unto the said I.T. for, and during the term &c. Yeelding and paying therefore yearely during the said terme a certaine yearely Rent; As by the said, &c. may appeare. Now the said I.H. for and in consideration of a certaine summe of money to him in hand paid by the said I.T. before the ensealing and sure making of the said Lease for yeares unto the said I.T. and his Assignes, and to the end and intent that the same Lease may be peaceably and quietly occupied and enjoyed according to the true intent and meaning of the same, without and eviction of the said I.H. his &c. And the said I.H. &c. doth Covenant, &c. That the said T.T. Covenant to leavy a Fine. or his Heires, shall and will at the costs and charges in the law of the said I.T. his, &c. before the Feast &c. knowledg and leavy a Fine with proclamation unto I.L. and R.S. and to the Heires of the said I.H. before the Justices for the time being of Com­mon pleas to be holden at Westm' of the said premises demi­sed by the name of, &c (name the things particularly with the appurtenances:) and for the declaration, uses, and intents of the same time, It is Covenanted and agreed between the said Parties of these presents, and the said I.H. &c Covenanteth, [Page 262]&c. that the said Fine so to be levied of the premises, demised by the number of acres, and names, before mentioned, shall extend only to the said Lands, Tenements, and Heredita­ments, with the appurtenances of the said I.T. as aforesaid, and to none other Lands, Tenements, or Hereditaments in S. aforesaid. And the said Fine so to be levied to the said dimised premises immediately after the entring and engros­sing thereof. That the Fine shall be to the use of I.F. And the said I.H. and R.V. and the Heires of the said I.H. and all other Persons that from thenceforth shall be seized to the said premises demised, shall stand and be there­of seized to the use and behoof of the said I.T. party to these presents, his Heires and Assignes for ever.

In Witnesse, &c.

An Indenture of Revocation of Uses, with divers other Covenants to that purpose.

TO all Christian people to whom this present writing In­dented shall come: I Sir R.B. of &c. Knight, The recital. send greet­ing, in our Lord God everlasting. Where by one Indenture bearing Date, &c. made between me the said Sir R.B. by the name of Sir R.B. of, &c. on the one party, and &c. on the o­ther party, I the sayd Sir R.B. as well for the better advance­ment and preferment of the Heires males of my body lawfully to be begotten, and for the better advancement and prefer­ment of W.B.R.B. and T.B. Gentlemen, Brothers of me the said R.B. and of divers other the Kinsmen, Friends, and Al­lies, of the name of me the said Sir R.B. and of every the Person and Persons afterwards in the said recited Indenture particularly named, and of the several Heires males of their bodies lawfully begotten, and to be begotten, and for the natural and especiall love, favour, and affection which I the said Sir R.B. did beare unto the said W.B.R.B. and T.B, and [Page 263]to the intent that all and singular the Manours, Mesnages, Lands, Tenements, and Hereditaments in the same recited Judenture particularly mentioned or expressed might remain, continue, and be in the name of the said B. and in the name, blood, stock, family and kindred of me the said Sir R.B. so long as it shall please Almighty God to permit and suffer the same; as also for divers other good causes and considerations me the said R.B. thereunto especially moving: Did covenant, promise, and grant, &c. in and by which recited Indenture, it is provided, Covenanted, granted, condescended and agreed by and between all and every the said Parties to the same re­cited Indenture for themselves, their Heires and Assignes, In W ^th Inden­ture there is a Covenant, that it should be lawful for Sir R.B. to re­voake the Uses. and to the true intent and meaning of them, and every of them, and their Heires, as in the same Indenture is, that it should and might be lawful to and for me the said Sir R.B. and that I the said sir R.B. should have full power and au­thority at all times hereafter, and from time to time at my will and pleasure by any my Deed or Deeds, writing or writ­ings, or by my last Will and Testament by me sealed and sub­scribed in the presence of two, or more credible Witnesses; to alter, change, diminsh, enlarge, revoke, frustrate, cease, determine, extinguish, and make void all and every or any of the Use and Uses, Estate and Estates before in the said recited Indenture expressed, limited, mentioned, declared, or appointed to any person or persons of and in the said Ba­rony, Manours, Mesuages, Lands, Tenements, Heredita­ments and premises, or in any of them, or any part or par­cell of them, or any of them; and thereof, or of any part thereof to create, declare, limit or appoint any other use or uses, Estate or Estates to any the Person or Persons afore in the same recited Indenture named, or to any other Person or persons whatsoever, in such sort, manner and forme, and for such Estate & Estates, terme and termes as I the said Sir R.B. should think meet and convenient: and that at all times, and from time to time immediately from and after any such alteration, change, diminution, enlargement, revocation, determination, or making void of all or any the use or uses, Estate or Estates before in the said recited Indenture expres­sed, [Page 264]limited, mentioned, declared or appointed; and any cre­action, declaration, limitation or appointment of any other use or uses, Estate or Estates, and that so often as I the said Sir R.B. should make any such alteration, change, diminution, enlargement, revocation, or determination of a­ny use or uses, Estate or Estates, and reaction, declaration, li­mitation, or appointment of any other use or uses, Estate or Estates, all & every such & those use & uses, Estate & Estates, of and in the said Bar Man' & prem', or of & in any part or par­cel thereof which I the said Sir R.B. at any time or times here­after in or by any such Deed or Deeds, writing or writing, or by my last Wil & testament in writing by me sealed and sub­scribed in such presence as is aforesaid, should alter, change, diminish, enlarge, revoke, determine, extinguish and cease, or make void, And that then, & immediately from thenceforth, the said before mentioned Fine or Fines, Recovery or Reco­veries, and all and every other conveyance & conveyances; as­surance & assurances in the law whatsoever at any time here­after to be had or made between the said Parties to the said recited Indenture, or any of them of the said Barony, Ma­nours and premises, or of such part thereof, according to the true intent and meaning of the same Indenture should be and enure, and should be adjudged, deemed, construed and taken to be and enure: And the said Cognizee and Cog­nizees of the said Fine or Fines, Recovery or Recoveries, and the Survivors and Survivor of them, their, and every of their Heires, and the heires of the survivor of them should im­mediately from thenceforth stand and be seized of and in the same premises, whereof any such reaction, declaration, limitation or appointment of other use or uses, Estate or Estates, terme or termes should be so made, as is aforesaid; to and for such use and uses, Estate and Estates, intents and purposes, and of such Person and Persons, and in such sort, manner and forme as 1 the said Sir R.B. in or such Deed or Deeds, writting or writings, or by my last Will and Testa­ment in writing by me sealed and subscribed in such pre­sence, as is aforesaid, should from time to time create, de­clare, limit, expresse or appoint, and to no other use, purpose [Page 265]or intent. The said recited Indenture, or any thing, &c. not­withstanding. And afterwards in performance of the Cove­nants, grants and agreements in the said recited Indenture mentioned, several Fines and Recoveries were had, levied, knowledged and executed of, in, and upon, and for and con­cerning the said Barony, Monours, Lands, Tenements and premises in the Court of Common pleas at Westminster, as also before the then Justices in the County of Chester, and also before the Justices in the said County of F. all and every which Fine and Fines, Common Recovery and Recoveries were had, levied, knowledged and suffered to the uses, intents and purposes, and with and under the several provisoes, condi­tions and limitations in the said recited Indenture menti­oned. After which, the said R.B. of W. died without issue male of his body lawfully begotten. In considerati­on of the Pro­viso in the re­cited Inden­ture. Now know all men by these presents, that I the said Sir R.B. for divers causes and considerations me moving, and by vertue of the said recited Proviso, and the liberty, power and authority by the said re­cited Indenture to me reserved, and according to the true intent and meaning of me the said Sir R.B. and of all other the Parties to the said recited Indenture, Have altered, changed, revoaked, determined and made void, and by this my present writing Indented, The Revocati­on of the Uses. being by me signed and fealed in the presence of the Persons undernamed, do alter, change, revoake, frustrate, cease, determine, and make void all and every the said use and uses, Estate and Estates created, raised, expressed, declared, limited and appointed by the said reci­ted Indenture Fine or Fines, Recovery and Recoveries, and every or any of them, to the faid W.B.R.B. and T.B. Bro­thers of me the said Sir R.B.W.B. of &c. R.B.T.G. alias B.I.R. of, &c. W.B. Brothers of the said J.B. of &c and to all and every the severall Sonnes and Heires males begotten on the several bodies of them the said W.B. and T.B. my Brother W.B. of &c. R.B.T.G. alias B.I.B. of &c. and W.B. his Brother, and every of them of and in the said Barony of M. Manours, Lands, Tenements, and Hereditaments in the said recited Indenture mentioned, or any part or parcel thereof. And further, know all men by these presents, That [Page 266]I the said Sir, R.B. for the fatherly love and affection that I the said Sir R.B. do heare to Dame M. E. my only Daugh­ter and Heire apparent, now Wife to Sir R.E. Knight, and to the Heires of her body lawfully begotten, doe by these presents by vertue of the said recited Proviso in the said re­cited Indenture contained, and the liberty, power and autho­rity therein and thereby to me reserved, as a foresaid, create, declare, limit and appoint that the said Fine and Fines, Re­covery and Recove [...]ies, so had, levied, knowledged and suf­fered of the said Barony and premises before in these pre­sents mentioned, as aforesaid, and all and every the Parties thereunto, and all and every Person and Persons and their Heires which now be or hereafter shall stand and be seized of and in the said Barony and premises, or of, or in any part or parcel thereof, shall by vertue thereof from and after that, every of the said several Uses and Estates limited and appointed, as aforesaid, of and in the said Baromy and pre­mises to me the said Sir R.B. and to the said several Sonnes of the body of me the said Sir R B. shall be ended, That the said Barony shall be to the use of R.B. and his Heires, &c. expired and determined, stand and be seized of, and in the said Baro­ny and premises, and of and in every part and parcel there­of to the use and behoofe of the said R.B. my Brother and his Assignes, for, and during the terme of the natural life of the said R.B. my Brother, without impeachment of any man­ner of waste. And immediately from and after the death of the said R.B. last named then to the use of the first Sonne of the body of the said R.B. last named, lawfully begotten and of the Heires males of the body of such first Sonne of the said R.B. last named, lawfully begotten. And for default of such inssue, to the use of him that shall be the second Son of the body of the said R.B. last named, lawfully begotten, and of the Heires males of the body of such second Sonne of the said R.B. last named, lawfully begotten. And for de­fault of such issue, &c. ut supra. And for default of such issue, to the use of every other Sonne or issue male of the body of the said R.B. last named, lawfully begotten, which the said R.B. last nemed, shall happen to have above the number of six Sonnes, and of the Heires males of the body of every such [Page 267]other Sonne of the said R.B. last named, successively one after the other, as they shall be in seniority one before the other, so long as there shall be any Sonne or issue male of the body of any Sonne of the said R.B. last named lawfully be­botten extant. And for default of such issue, to the use of the said T.B. Brother to me the said Sir R.B. and his Assignes for and during the terme of the natural life of the said T.B. without impeachment of any manner of waste: and imme­diately from and after the death of the said T.B. then to the use of him that shall be the first Sonne of the body of the said T.B. lawfully begotten, and of the Heires males, &c. ut supra. And for default of such issue, to the use of the said Dame M E. Daughter and Heire apparent of me the said Sir R.B. and Wise to the said Sir R E. Knight, for and du­ring all the natural life of the said Dame M. and from and after her decease to the use of R.E. Esquire, Sonne and Heire apparent of the said Sir. R. E. and Dame M. his Wife, and of the Heires males of the body of the sad R. E. lawfully to be begotten. And for default of such issue, to the use of S. E. second Sonne of the body of the said Dame M. E. lawfully begotten, and of the Heires males of the body of the said S. E. lawfully begotten, and fon default of such issue, &c. ut supra. And for default of such issue, to the use of the right Heires of the said Dame M. E. for ever. That if R.B. &c. doe any act to hinder the E­states, then their Estate shall be void.

Provided always, that if the said R.B. Brother of mee the said Sir R.B. or any of the said severall Sonnes of this body begotten, or any Heire male of the seve­rall bodies of the same Sonnes lawfully begotten, or to be begotten, or if the said T. B. my Brother, or any of the said severall Sonnes of the body of the said T. B. or any Heire male of the severall bodies of the same Sonnes lawfully begotten or to be begotten, shall at any time hereafter resolve or determine, or advisedly, determina­bly or effectualy devise, conclude or agree, or shall en­ter into any communication, promise, Covenant or agree­ment, or shall advisedly and effectually, directly or indirect­ly attempt, cause, procure, go about, or assent unto, or for any [Page 268]act or acts, thing or things to be done had, made or suffe­red for or concerning any bargain, sale, discontinuance, a­lienation, conveyance or assurance to be had or made of the said Barony, Manours, Landb, Tenements and premises, or of any of them, or of any part thereof, where by or by reason whereof any Estate or Estates, use or uses of or in the said Barony, Manours, &c. or of or in any part or parcel thereof, in use or possession before in these presents limited or decla­red, shall or may by any way or meanes be avoyded, dissol­ved, undone, discontinued debarred, altered, determined or hindred to take effect, according to the true meaning of these presents, or whereby the same or any part or parcell thereof shall or may be charged or incombred otherwise then according to the terue intent of these presents; and the same bargaine, sale, alienation, discontinuance, device, con­clusion, agreement, communication, conveyance or assu­rance, or any other open or Court matter, thing or act, shall attempt, go about, cause, procure, command or wittingly or willingly assent unto, practise, or suffer to be done, or to be attempted, practised, or put in use by knowledging of any note or notes of or for any Fine or Fines to be levied, or by knowledging of any Warrant or Warrants of Attorney for any Recovery, or any Voucher to be had or pursued, or by entring into any warranty, or by knowledging of any Warrant for any such purpose, or by purchasing of any Writ by any of their assents or agreements, or by consen­ting unto or appearing unto any Writ of the aforesaid pre­mises, or any part thereof, or by knowledging of any Deed or writing to be inrolled, or by any other act or acts, thing or things whatsoever, whereby, or by reason whereof, any bargaine, sale, discontinuance, alienation of forfeture of the premises, or any part thereof may ensue, or whereby any Estate, us or possession of the premises, or of any part there­of may not, ought not, or cannot come, grow, remaine, descend and be, in such manner and forme as before in these presents is limited, expressed or declared, and according to the true intent and meaning of these presents; or whereby the said premises or any part or parcel thereof, shall, or [Page 269]may he charged or incumbred, otherwise then according to the true intent of these presents; That then and immediate­ly fro [...] and after every such time and times of such pro­curement attempt causing, commanding willing, assent, practife, [...]pro [...]nise, or going about in manner and forme a­foresaid; and before any such bargaine, sale, discontinuance, alienation, forfeiture, charge or incumbrance shall be had, made, perfected, executed, committed or done, all and every use and uses, Estate and Estates before in these presents li­mited to that person or persons which so shall attempt, cause, procure, command, or willingly or wittingly assent unto, practise, suffer, or go about any such act or acts, thing or things to be prosecuted, executed or performend, put in ure, or gone about, whereby, or by reason whereof any bar­gaine, sale, discontinuance, aleination, conveyance, assurance, forfeiture, change, or incumbrance shall be had, made, or ensue contrary to the true intent of these presents, of, in, and for such and so much of the said Barony &c. tayled, as afore­said, for which any of the things or matters aforesaid at any time or times shall be attempted, gone about, caused, procu­red, commanded, assented, practised, or suffered to be execu­ted, performed, made, done, practised, or gone about to be done, performed, or put in ure, contrary to the true mea­ning of these presents, should cease, and he utterly void, on­ly in respect and having regard to such person and persons so attempting, procuring causing commanding, willingly or wittingly assenting practising, suffering, or going about any act or acts, thing or things aforesaid, contrary to the effect and true intent of these presents: And that then and from thenceforth the said Recoveries and Fines, and every of them shall be and enure, and the Recoverers and Congizees there­in named, and every of them, and their, and every of their Heires shall stand and be seized of every such parcel of the premises, to the use of such person and persons and the Heires males of his and their bodies and body begotten and to be begotten, to whom the same should be, remaine, or come, aften the death of the person so attempting, procu­ring, causing, commanding, assenting, practizing, suffering, [Page 270]or going about any act or acts, thing or things aforesaid, con­trary to the effect and true meaning of these presents in like manner and forme, and with such remainders over and with and under such limitations and conditions as the same use and uses, Estate and Estates, of the said person and person which shall so attemt, cause, command, practise, suffer, goe about or assent to, or for any such act or acts, thing or things was subject unto before his or their said attempt, That if Dame M.E. do disturb and of the Per­sons, then her Estate shall be frustrate. practrise, going about or assent. Provided also, that if the said Dame M.E. or any of the Heires of her body at any time after the death of the said Sir R.B. and of the said several Sonnes of me the said Sir R.B. and the Heires males begotten on the several bodies of the said several Sonnes of me the said Sir R.B. shall wittingly or willingly disturb or interrupt, or cause, or procure to be disturbed or interrupted the said R.B. my Brother, or any of the said several Sonnes of the body of the said R.B. or any Heire male of the sevaral bo­dies of the same sonnes lawfully begotten or to be begotten; of the body of the said T.B. or any Heire male of the seve­ral bodies of the same Sonnes lawfully begotten or to be be­gotten, being in possession of the said Barony and premi­ses, or of any part or parcel thereof, or their or any of their Assignee or Assignes: That then and immediately from and after every or any such disturbance or interruption, all and every the use and uses, Estate and Estates of every person or persons, doing, making, committing, causing, or procuring such interruption or disturbance before in these presents to her, him, or them limited and appointed, of, in, and for, or to so much of the said premises wherein there shall be such disturbance or interruption made and commited, caused or procured as is aforesaid, shall cease and be utterly void to all intents, constructions and purposes, as if he or they had never been mentioned, named or spoken of in these pre­sents. And that then and from thenceforth the said Reco­veries and Fines, and every of them shall be and enure, and the Recoverers and Cognizees therein named, and every of them; and their and every of their Heirs shall stand and be [Page 271]seized of every such parcell of the premises, whereof or wherein there, shall be such disturbance or interruption, made, done, committed or procured, as aforesaid, to the use and behoof of every such Person and Persons to whom any Estate or estates, use or uses herein by these presents limited or appointed respectively, or according to his and their se­verall Estate and Estates, interest and interests and the use of the Heires or Assignes of him or them that shall be dis­turbed or interrupted: any thing &c. notwithstanding. That is shall be lawfull for Sir R. B to re­voke the u­ses, and to create new. Pro­vided likewise, and the true intent and meaning of me the said Sir R.B. is, That it shall and may be lawfull to and for me the said Sir R B. and that I the said Sir R. B. shall have full power at all times hereafter, and from time to time at my will and pleasure by any my Deed or Deeds, writing or writings, or by my last Will and testament in writing by me sealed and subscribed in the prefence of two, or more cre­dible Witnesses, to alter, change, diminish, enlarge, revoke, frustrate, cease, determine, extinguish, or make void all and every, or any the use or uses, Estate and Estates before in these presents limited, expressed, mentioned, declared, or ap­pointed to any Person or Persons of and in the said Baro­ny &c. or in any of them, or in any part or parcell of them or any of them and thereof or of any part thereof; to de­clare create, limit or appoint any other use or uses, Estate or Estates to any Person or Persons aforesaid, or to any o­ther Person or Persons whatsoever in such sort, manner, and forme, and for such Estate and Estates, terme and termes as I the said Sir R. B. shall think meet and convenient: and that at all times and from time to time immediately from and after such alteration, change, diminution, enlargement revo­cation, determination, or making void of all of any the use or uses, Estate or Estates before in these presents expressed; Jimited, mentioned, declared or appointed, and creation li­mitation, determination or appointment of any other use or uses, Estate or Estates. And that so often as I the said Sr R. B. shall make any such alteration, change, diminution, enlargement, revocation or determination of use or uses, Estate or Estates, and creation, declaration, limitation or appointment [Page 271]of any other use or uses, Estate or Estates, all and every such and those use and uses, Estate and Estates, of and in the said Barony, &c. or of and in any part or parcell thereof, which I the said Sir R. B. at any time or times hereafter in or by any such Deed or Deeds, writing or writings, or by my last Will and testament in writing by me seal [...]d and subscribed in such presence, manner and for me as is aforesaid, shall alter, change, diminish, enlarge, revoake, determine, extin­guish, cease, or make void. And that then and immediately from thenceforth the said before mentioned Fine or Fines, Recovery or Recoveries, and all and every other conveyance and conveyances, assurance and assurances in the law what­sover heretofore had, made, knowledged or suffered, or at any time hereafter to be had, or made, of the said Baro­ny, &c. or of any part thereof, according to the true intent and meaning of these presents, shall be, and enure, and shall be adjudged, deemed, construed and taken to be, and enure, and the said Cognizee and Cognizees of the said Fine or Fines, Recovery or Recoveries, and the Survivors and Survi­vor of them, their and every of their Heires, and the Heires of the Survivor of them shall immediately from thenceforth stand and be seized of and in the same premises, whereof any such creation, declaration, limitation or appointment of other usue or uses, Estate or Estates, terme or termes shall be made, as is aforesaid, to and for such use and uses, Estate and Estates, intents and purposes, and of such Person and Per­sons, and in such sort, manner and forme, as I the said Sir R.B. in or by such Deed or Deeds, writing or writings, or by my last Will and testament in writing by me sealed and sub­scribed in presence as is aforesaid, shall from time to time create, declare, limit, expresse, or appoint, and to none other use, intent, or purpose; these presents, or any thing therein contained to the contrary thereof in any wife not­withstanding.

In witnesse, &c.

An Indenture of Covenants of Marriage; and fore repayment of Mar­riage-money if either Party die be­fore Marriage: With other spe­cial Covenants.

THis INDENTƲRE made, &c. Betweene I.R. of the one part, and R.W. of the other part. Witnesseth, That it is Covenanted, concluded, condescended, and fully agreed upon by and between the said Parties, In considerati­on of a Marri­age to be had. for and in con­sideration of a Marriage to be had and solemnized between R. R. Sonne of the said I.R. and K.W. Daughter of the said R.W. in manner and forme following, viz. First, the said I.R. doth Covenant and grant for himselfe and R.R. his Sonne, to and with the said R.W. his Executor, &c. by these pre­sents, That the said R.R. within twenty dayes next after the Feast of, &c. shall Marry and take to his Wife the said K.W. and her Espouse and Wed according to the Ecclesiastical Lawes of this Realme (if the said K. will thereunto con­sent and agree, and the Lawes of the holy Church will it permit & suffer.) And likewise, the said R. W. doth Covenant and grant for him, his, &c. to and with the said I.R. his, &c. by these presents, that she the said K.W. within, &c. ut supra. In consideration of which Marriage so to be had and so­lemnized, the said R.W. at and before the ensealing of these presents, hath well and truely contented and paid unto the said I.R. the summe of &c. whereof and wherewith (the Acquittance.) And the said I.R. for him his &c. doth Cove­nant and grant to and with the said R.W. his, &c. by these presents. That if either of them die be­fore marriage, then I.R. to re­pay the money. That if in case it happen the said R.R. and K.W. or either of them to decease and die before the Feast of, &c. and before the said Marriage had and solemnized, as afore­said, That then the said I.R. his, &c. shall well and truly con­tent and repay, or cause to be contented and repayed to the said R.W. his, &c. at one whole and entire payment the said summe of &c. within the space of &c. next ensuing the day [Page 274]of the death of the said R. and K. or either of them so de­ceasing, before the said Feast of, &c. and before the said Marriage had and solemnized. And also the said I.R. doth Covenant, That if R.R. refuse to marry her, then I.R. to repay the money. &c. That in case it fortune the said R.R. his Sonne to disagree and refuse to marry and take to his Wife, or doe not marry and take to his Wife the said K.W. or that any other default, mislike, or impediment, do or shall arise, grow or happen on the part and behalfe of the said R.R. or the said I.R. or either of them, or by their or either of their assent or procurement, whereby or by meanes whereof the said Marriage shall not, or doe not take effect between the said R. and K. in manner and forme aforesaid, according to the true intent and meaning of these presents: That then the said I.R. his, &c. shall and will well and truely content and pay; or cause, &c. unto the said R.W. his, &c. the summe of, &c. at one whole and entire payment within thirty daies next after the said Feast of, &c. without Covin, fraud, or de­lay. Proviso, that if I.R. doe pay 100l. then he shall be quit of the two former Covenants. Provided alwaies, and neverthelesse, it is the intent and meaning of these presents, and of all and every the Par­ties to the same, That if in case the said I.R. his, &c. doe or shall doe at any time hereafter well and truely, and without all fraud and covin satisfie and pay, or cause, &c. unto the said R.W. his, &c. the summe of 100l. for or by reason of any breach or not performance of either or both the said two Covenants or Articles of agreement by these presents last before mentioned and set downe, and for, by reason, or in consideration of the said two last recited Covenants or Ar­ticles, or either of them, not performed and kept by the said I.R. and R.R. or either of them, according to the tenour and true meaning of the same: The then and from thenceforth and in such case, that is to wit, immediately from and after and upon the true payment of the said summe of 100l. so by him the said I.R. his, &c to him the said R.W. his, &c. had and made, as is aforesaid, he the said I.R. his &c. shall stand and be clearly acquitted and discharged against him the said R.W. his, &c. of and from the said two Covenants and Ar­ticles last above mentioned, and of and from all manner of summes of money, penalties, and forfeitures, due and to be [Page 275]due by reason of any breach or non performance of the same Covenants or Articles, or any other clause or Article, or thing in these presents contained to the contrary, &c. And also the said I.R. doth Covenant, &c. That he the said I.R. shall and will well and sufficiently maintaine, That I.R. shall provide all things for R.R. K.W. and their issue during R.R. life. provide for, find, keep and sustaine the said R.R. and K.W. his Wife, and all the issue of their two bodies begotten from time to time, and at all times immediately from and after the said marriage betweene them the said R. and K. so had, and so­lemnized, as aforesaid, during the natural life of him the said I.R. with sufficient and convenient meat, drink, clothing, lodging, and all other necessaries to them belonging, accor­ding to their and every of their calling. Estates and degrees. And further, the said I.R. doth Covenant, &c. And that I.R. shall give unto them the sum of, &c. and o­ther goods. That he the said I.R. after the said marriage so had between the said R. and K. as aforesaid, shall and will either in the life time of him the said I.R. or at the time of his death, leave, give, grant, devise, bequeath or assure, convey, content and pay, or cause to be truely contented and payed unto the said R.R. and K.W. or to the said K. if she happen to survive the said R. or if it happen the said K. to be then dead, then to such issue, Child or Children between them the said R. and K. begotten as shall then happen to be living, the summe of, &c. at one whole and entire payment, and also such and so much im­plement of houshold and houshold stuffe, corn, cattel, bed­ding, instruments, tooles, furniture of husbandry and other necessaries of his owne proper goods and chattels of every sort and kind as shall amount to, and be of the full value of, &c. or more. That she shall enjoy all that Messuage, &c during her life and after her decease then her Children, or else I.R. to pay them 200l. And moreover the said I.R. doth also co­venant, &c. That she the said K. and her Assignes after the said marriage so had and solemnized during her natural life, and after her decease, such Child and Children as be­tween them the said R. and K. shall fortune to be begotten, during the life and lives of such Childe and Children, shall and may quietly and peaceably enter into, have, hold, occu­pie, possesse and enjoy to her and their owne proper use and uses all and singular that Messuage or Tenement with the appurtenances situate, &c. now in the occupation of, &c. [Page 276]and all Houses, edifices, orchards, gardens, Lands, Tenements, leasowes, medowes, pastures, feedings, commons, heathes, and turbaries, to the same belonging or appertaining, or u­sed and occupied therewith, or with any part or parcel thereof, immediately from and after the death and decease of the said I.R. without any let, suit, vexation, expulsion, e­viction or disturbance of any person or persons whatsoever: Or else, that he the said I.R. his, &c. shall truely content and pay, or cause, &c. unto the said K W. or her Assignes, or to such Child or Children as shall fortune to be begotten be­tween the said R. and K. and then be in full life, the summe of, &c. within two dayes next ensuing the day of the death of the said I.R. at the free choice and election of the said K. or of such Child or Children so to be begotten, and then living as it aforesaid. Provided that M. the Wife of I.R. shall enjoy the third part of the Lands till she be married. Provided alwaies, and neverthelesse, it is the true intent and meaning of these presents, and of every the parties to the same, That the said R. and K. either of them, and the issues of their two bodies, and every of them, at all times from and after the death and decease of the said I.R. shall permit and suffer M. now Wife of the said I.R. (if in case she the said M. be then living and in plaine life) quietly and peaceably to enter into, have, hold, occupie, pos­sesle and enjoy the third part of the said Messuages or Te­nement, with the appurtenances, &c. so long, and for, and during only such time and terme as she the said M. doth or shall keep her selfe sole and unmarried, and of honest re­port and same, without interruption of disturbance: Any clause or Article herein contayned, &c. And finaly, the said I.R. doth Covenant, For further assurances. &c. That he the said I.R. his, &c. from time to time, and at all times hereafter, upon the reasonable request, cost and charges in the Law of the said R.W. his, &c, shall and will, doe, knowledge, seale, deliver and excute all and every such further act and acts, thing and things, assu­rance and assurances whatsoever as shall be reasonably re­quired and devised by the said R.W. his, &c. or by his or their Councel learned in the Law, for the ratifying, prosecuting, and sure making of all and singular the Covenants, grants, clauses, provisoes, payments and agreements before in these [Page 277]presents expressed and declared, which upon the part and behalfe of the said I.R. his, &c. are to be kept, performed and accomplished, according to the true intent, purport, and meaning of these presents.

In Witnesse, &c.

Covenants of Marriage very necessary.

THis INDENTƲRE made, &c. between R.L. of the one part, and T.Y. L.Y. and R.C. of the other partie. Witnesseth, That whereas a Marriage is intended by the per­mission of God to be had and solemnized between the said R.L. and T.Y. it is therefore Covenanted, granted, conclu­ded, and condescended, and fully agreed between the said Parties to these presents, in consideration of the said Mar­riage, in manner and forme following: And first, the said R.L. for himselfe doth Covenant, promise and grant, to and with the said T.Y. H.Y. and R.C. their, &c. and every of them by these presents, That the said R.L. shall and will before the last day of May next ensuing the Date hereof, lawfully Marry and take to his Wife the said T.Y. if the said T.Y. doe and will assent and agree thereunto, and the Lawes of God and holy Church doe and will permit, and the same suffer. And the said T.Y. H.Y. and R.C. for them and every of them, doe in like manner Covenant, &c. That she the said T.Y. shall and will, &c. as supra. That R.L. shall stand seized of Lands to uses. In considera­tion of which Marriage to be had and solemnized, the said E. doth for him, his, &c. by these presents, Covenant and grant to and with the said T.Y. H.Y. and T.C. their, &c. That he the said R.L. his, &c. shall and will immediately af­ter the solemnization of the said Marriage for evermore stand and be seized of and in one Messuage, &c. and of and in all other the Lands, Tenements and Heriditaments what­soever, whereof the said R.L. now hath, or at any time si­thence [Page 278]the death of the said I.L. his late Father had any E­state of inheritance in possession within the said County of C. or elsewhere within the Realme of England, descended to him by or from his said late Father, and of and in all and singular the rents, reversions, commodities and profits, with the appurtenances to the said Messuages and other the pre­mises, or to any part or parcel thereof in any wise belong­ing or appertaining, to the use and uses, purposes and intents hereafter in these presents mentioned, limited, and expres­sed, and to none other purpose or intent: That is to wit, First, To whose use he shall stand seized. to the use and behoof of the said R.L. for and during the terme of his natural life, without impeachment of any manner of waste. And after his decease, to the use of the said T.Y. for and during the terme of her natural life, for and in the name of her Joyntture, if she shall happen to sur­vive and outlive the said R.L. and from and after the de­cease of the Survivor of them the said R. and T. to the use and behoof of the Heires of the said R. by and upon the bo­dy of the said T.Y. lawfully to be begotten. And for default of such issue, then to the use of the right Heire of the said R.L. for ever. For further Assurances. And the said R.L. for him, his, &c. doth Co­venant, &c. That he the said R.L. his &c. shall and will at all times, and from time to time hereafter during the space of, &c. next after the said marriage had and solemnized, as aforesaid, doe, acknowledge and suffer to be done, know­ledged and executed at his or their proper costs and char­ges upon lawful and reasonable request to him or them to be made by the said T.Y.H.Y. and R.C. or any of them, their or any of their, &c. all and every thing and things, device and devices whatsoever for the further assurance, sure making, and conveying of the premises, and every part and parcell thereof, to the uses, purposes, and intents, before in these presents limited, mentioned, and declared, and to none other use, intent, or purpose, as by the said T.Y.H.Y. and R.C. their or any of their learned Councel shall be reasonably devi­sed or advised. That the said Messuages, &c. are free from incombrances. And that the said Messuages, Lands, Tene­ments and Hereditaments, and all other the premises, with the appurtenances in these presents before mentioned, at the [Page 279]Day of the solemnizing of the said marriage, and at all times afterwards, shall be and continue free, clearly acquitted and discharged, or otherwise sufficiently saved harmlesse by the said R.L. his, &c. of and from all manner of former bar­gaines, sales, Joyntures, Dowers, statutes-Merchants, and of the staple recognizances, bonds, deeds, obligatory judgements, executions, intrusions, fines for alienations, fees, annuities, rents and arrearages of rents, leases, Estate and Estates in taile, and of and from all other charges, titles, and incom­brances whatsoever heretofore had, made, done, commit­ted, knowledge or suffered by the said R.L. or by any other person or persons by his meanes or procurement. The rents and services of old time due and accustomed to be paid to the chief Lord and Lords of the fee and fees thereof, and hereafter to become due and payable for the same, and out of the lease of, &c. only excepted and foreprized. And fur­ther the said R.L. doth Covenant, &c. If R.L. buy any Lands, it shall be to the use of him and T.Y. his Wife, &c. that if the said R.L. or any other person or persons to his use and behoof shall at any time hereafter happen to purchase any Lands, Tene­ments or Hereditaments of any person or persons whatso­ever during the life of the said T.Y. That then the said R.L. shall cause and procure all such Lands, Tenements and He­reditaments which shall so fortune to be sufficiently con­veyed, procured, and assured to the use of the said R.L. and of the sayd T.Y. for and during their two natural lives, and the life of the longest Liver and Survivor of them. And af­ter their decease to the use and behoof of the Heires of the body of the said R.L. by and upon the body of the said T.Y. lawfully to be begotten. And for default of such issue, then to the use and behoof of him the said R.L. his Heires and Assignes for ever, and to none other use, purpose, and intent. And also, that he the said R.L. shall and will permit and suf­fer all and singular those his Messuages, Lands, Tenements and Hereditaments in the County of, &c. which R.L. his Uncle, deceased, did in his life time given, grant, convey and assure to him the said R.L. Partie to these presents, lawfully to descend, come and remaine immediately after his decease to the Heires of his body by and upon the body of the said [Page 280] T.Y. lawfully to be begotten. And that the said R.L. Partie to these presents, shall not at any time hereafter make, doe, attempt, practice, knowledge, suffer, procure or execute any act or acts, thing or things, conveyance or assurance whatso­ever, whereby the said Lands, Tenements and Heredita­ments of the gift and grant of the said R.L. his late Uncle, deceased, or any part or parcel of the same, shall or may in any wise be dis-continued, bargained, sold, aliened, trans­ferred, given, granted, devised or otherwise passed or con­veyed away unto any other person or persons whatsoever, unlesse it be to the use and behoof of the said R.L. parties to these presents, and the Heir of the body of the said R. by and upon the body of the said T.Y. lawfully to be be­gotten, or to those of him the said R.L. and the said T.Y. and of the Heir of the said R. for ever. And finally, the said R.L. doth covenant, &c. that if it shall happen the said T.Y. after the solemnization of the said marriage, to have issue of her body by the said R.L. lawfully begotten, and afterward to decease in the life time of the said R.L. that then he the said R. shall and will by his last Will and Testa­ment in writing give, bequeath and devise to the issue of the said R. and T. lawfully begotten as aforesaid, the moity of all such goods and chattels as he the said R.L. at the time of his death, shall have and be possessed of; and also the moity of all such debts and duties, as shall be payable and due to the said R.L. at the time of his death, over and above assessements, and sufficient to answer, satisfie and discharge all such debts and duties, as the said R.L. by any meanes shall then, bona fide, without fraud or collusion, be indebted and bound for, unto any person or persons whatsoever. And if the said R.L. shall happen to die (living the said T.Y.) That then he the said R. shall leave and bequeath unto the said T.Y. such and so much of his goods, debts and chat­tels (his whole debts, chattels and goods severed and divi­ded into four parts, and the charge of his funerall, and all his debts and duties due to any others, fully paid and dis­charged out of the same) as shall amount in, value to the three ful parts of the same; so that the said T.Y. shall not, [Page 281]nor may not ask, claim or demand any moity of the said goods, debts and chattels of the said R. then only the said three parts thereof, as aforesaid. In witness, &c.

An Indenture of Covenants upon Marriage, with special Covenants.

THis, INDENTƲRE made, &c. between T. G. of the one part, and Sir W. M. of the other part. Wit­nesseth, That in consideration of a Marriage, In considerati­on of a Marri­age to be had. by the permis­sion of God, to be had and solemnized between the said T.G. of the one part, and the said Lady W. of the other part; and for the great good will and affection, the said T. G, hath and beareth to the same Dame, and also to the intent all and singular the Messuages, Lands, Tenements and Hereditaments, with the appurtenances of the said T.G. hereafter in these presents specified, shall and may come, descend, remaine and continue to and in the issue, of the said T. G. in such sort, manner and form, as by these presents is hereafter expressed, mentioned, limited and declared. It is now therefore covenanted, granted, condescended, con­cluded fully by and between the said parties to these pre­sents, in manner and forme following: (That is to say) The said T.G. for the considerations aforesaid, doth Covenant, promise and grant, for him, his Heires, &c.to and with the said Sir, W. M. and Sir T. N. their, &c. by these pre­sents, That he the said T.G. before the Feast of, That T.G. shall passe an estate in fee simple. &c. next ensuing the date hereof, shall make, cause or suffer to be made, one good, sufficient, lawful and indefezible estate in fee simple, to the said Sir. W. M. and Sir T. N. and their Heires, of and in the Mannors, Messuages, Habend. to cer­tain uses. &c. (Recite les tenures par lour several nosmes) To have and to hold the said Mannors, Messuages, Lands, Tenements and Hereditaments, and other the premisses, with the appurtenances (except before ex­cepted) to the said Sir W. M. and Sir T. N. and their Heires, to the use of the said T.G. untill such time as the said mar­riage be had and solemnised, then to the use of the said T.G. [Page 282]and of the said Dame S. for terme of her naturall life; and after her decease, to the use of the said T.G. and of the Heires males of his body upon the body of the said Dame S. lawfully begotten, or to be begotten: And for default or such issue, to the use of the Heires of the body of the said T.G. lawfully begotten, and to be begotten: And for default of such issue, to the use of the right Heire of the said T.G. for ever. And so put downe, so that the Lands be of certain va­lue, and discharged of incumbrances, except Leases, and for other assurance. And then thus, viz. And for the more se­curity, surety, sure making and conveyance of all and singu­lar the said Mannors, and all other the premises, with the appurtenances (except before excepted) to the said Dame S. for term of her life, in manner and form aforesaid. The said T.G. for him, his, &c. Covenanteth, &c. That he the said T.G. and his Heires, and the said Sir W.M. and Sir T.N. and their Heires, and all and every other person and persons that now are, or at any time hereafter shall stand and be seized of and in the said Mannors, &c. (except before excepted) shall stand and be thereof seized, to the use of the said T.G. and D.S. after the same marriage had, for term of their two naturall lives, without impeachment of wast (voluntary wast only excepted) and to such further uses and intents, as before in these presents are limited and expressed, and to none other uses, intents or purposes whatsoever. And that all and every estate and estates, assurance and assurances, con­veyance and conveyances in the Law whatsoever, of the pre­misses, or of any part or parcel thereof, hereafter to be had and made, shall be only to be said uses and intents in and by these presents before mentioned, limited and declared: A proviso that the said T.G. shall not alien nor sell the Lands given her in Joynture by the former Husband; and then as followeth. A Covenant that it shall be lawful for D.S. to make a Will. And the said T.G. for him, his Heires &c. doth Covenant, &c. That if it fortune the said Dame S. af­ter the said Marriage had and solemnized, to die and decease in the life-time of the said T.G. then it shall and may be lawful to and for the said Dame S. at her free will and plea­sure, to make, publish and declare one Will and Testament [Page 283]in writing under her hand and seale, and thereby dispose, given and bequeath to any her children, servants or freinds, for their preferments and advancements, the whole sum or value of 500l. of the goods and chattels of the said Dame S. Or if the same goods and chattels in the meane time shall for­tune to be bargined, sold or otherwise put away by the said T.G. or his Assignes; then of the goods and chattels of the said T.G. as shall amount to the full value of 500l. as afore­said, without any let, contradiction or disturbance of the said T.G. his, &c. and that in as large and ample manner, as if the said Dame S. were then a feme sole, and unmarried. And that he the said T S. his &c. after the decease of the said Dame S. as aforesaid, so dying testate, upon lawful request to him or them to be made, by such person or persons to whom the said D.S. shall make any such legacies and be­quests, shall and will well and truly content and pay, or cause to be contented and paid to the same person and per­sons, all and every the goods and chattels, or the full value thereof to him or them so given and bequeathed, at such dayes and times as the said Dame S. by her last Will and Testa­ment in writing sealed and subscribed, as aforesaid, shall li­mit and appoint. And further the said T.G. Covenanteth, &c. that if it fortune the said T.G. after the said Marriage had and solemnized, as aforesaid, to die, the said Dame S. then living, and the son and heire apparent of the said T.G. then being within the age of 21. yeares, that then the said D.S. shall have the chief Mannor house of D. wherein thè said T.G. now inhabiteth and dwelleth; together with the war­ren of Conies, Dairy house and Dairy close, and all Gar­dens, Orchards, Dove-houses, Buildings, Barns, Stables, Ponds, Pools, and all other commodities, profits and ease­ments to the same adjoyning and belonging. To have and to hold the said mansion, and other ther premises, with the appurtenances, last before mentioned, unto the said Dame S. and her Assignes, during the nonage and minority of the said son, and Heire apparent of the aforesaid T.G. (if she the said Dame S. so long do live.) And also, if it happen the said T.G. to die before the said D.S. his Heire apparent, being [Page 284]of the age of 21 years, or more; That then the said D.S. shall peaceably and quietly have, hold and enjoy the said chief Mansion house of D. together, &c. with the appur­tenances thereunto belonging and adjoyning, as aforesaid, for and during the space of, &c. next after the decease of the said T.G. the same yeare to be accompted from and af­ter the feast of, &c. which of them soever shall first happen, to come next after the death of the said T.G. And the said Dame S. for and in consideration of the premises, doth for her selfe, her, &c. by these presents, frankly and freely give, grant, and betake to the said T.G. all the Houshold-stuffe, Bed­ding, Hangings, Plate, Chattels and Godds moveable what­soever, within the Realm of E. which the said Dame S. hath and is possessed of, either in her own right, or as Executrix to any her said late Husbands (except and alwaies reserved to the said Dame S. and to her own only use and behoof, all her Jewels, Chaines of gold, and apparel, belonging to her person, which she doth or hath used, or intendeth to wear) To have, hold and enjoy all and singular the said goods and chattels, and other the premises, with the appurtenances, (except before excepted) to the said T.G. his, &c. to his and their onely use and behoof for ever.

In witnesse &c.

A perfect assurance of a Joynture, af­ter Marriage had, by way of Covenant.

THis INDENTƲRE made, &c. between B.A. of the one part, Consideration and L.H. and G.H. of the other part, Witnesseth, that the said B.A. for and in considera­tion of the great and faithful good will, love, favour and affection that he the said B. beareth to and towards D.A. his now Wife, and for and in consideration of the true performance and accomplishment of all such premises and agreements had and made by the said B.A. upon the mar­riage between him the said B.A. and the said D.A. and for [Page 285]the assuring, conveying and making of a good and perfect Joynture of the Lands, Tenements and Hereditaments of the said B A. unto the said D.A. for and during the term of her life, and to the intent the Lands, Tenements and He­reditaments of the said B A. hereafter mentioned, may be sufficiently conveyed and astured to and for the Joynture of the said D, and to and in the said B A and his Heires for e­ver. He the said B A doth Covenant, promise, That B.A. shall assure Lands to L.H. and G.H. grant and agree to and with the said L.H. and G.H. and their Heires, That he the said B A sahll and will, within the space of, &c, next ensuing the date of these presents, by good and sufficient conveyance and assurance in the Law, sufficiently convey and assure unto the said L.H. and G H and their Heirs, or to the survivor of them, and his Heires, or to the Heir or Heires of the survivor of them, and the Heires and Assignes of such Heir and Heires, for ever; All that his marsh ground or lands, with the appurtenances, called, &c. lying and being in &c. or in any of them, within the County of E. and also all other his Lands, Tenements and Heredita­ments, with the appurtenances, in, &c. aforesaid. And that the said conveyance and assurance so to be had and made within the space of, &c. next ensuing the date of these presents, shall remaine and be. And the said L H. and G.H and their Heires, and the suvivor of them, and his Heires, immediately from and after scuh conveyance and assurance so had and made, shall stand and be seized of and in all and singular the said Lands, Tenements, Hereditaments, and o­ther the premisses, with their appurtenances, to the uses, in­tents and purposes hereafter in these presents set down, ex­pressed and declared, and to none other use intent or pur­pose. (That is to say) To the use and behoof of the said B.A. and D.A. for and during the life of the said A. and for the Joynture of the said Dame, To the use of, &c. for her Joynture. and in full recompence and allowance of he Dower, and immediately from and after the decease of the said D.A. to the use of him the said B.A. his Heires, &c. forever. Provided alwaies, and notwithstan­ding, and it is the true intent and meaning of the said B.A. and of the parties to these presents, that it shall and may be [Page 286]lawful to and for said B. A. at any time or times here­after, Aproviso, that it shall be law­full for him to make Leases for 21 years, or 3 lives, or un­der. at his will and pleasure, to demise, grant and make a­ny Lease, or Leases, for the terme of 21 yeares, or under, or for three lives, or sewer, of all singular the aforesaid Lands, Tenements and Hereditaments, and other the pre­misses, with their appurtenances, or of any part of parcel of the same, which have most commonly been used to be demised, or to farm-letten, by the space of 20 years last past before the date hereof; and whereof, at the time of the making of any such Lease and Demise, there shall not be any former lease in being, and to have continuance above the term of three years, or one life at the most: so that the said D. A. be made party to every such Leases and Demises, And so, that the old accustomed rent and rents, or more, be or shall be reserved upon all and every the said Leases, Grants and Demises so to be made of the premises, or of any part thereof, as is aforesaid, to conitnue and be yearely payable, during every of the same Leases and termes, unto the said B. A. and D. and the Heires and Assignes of the said &c. And so alwaies as the said Leases, or Demises, or any of them, be not in any wise dis-punishable of wast. And that then, and so after, the said L. H. and G. H. and their Heires, and the survivor of them, and his Heires, shall stand and be seized of and in all and singular the said Lands, Tenements, and Hereditaments, and other the premisses, with their ap­purtenances, and of and in any part or parcel thereof, so to be demised and leased, to the uses and use of all and every such person and persons to whom the premisses, or any part or parcel thereof, shall be demised and leased, their Execu­tors, &c. for and during such term and terms therein, as shall be limited upon any such Lease, or Leases, so to be made, as aforesaid: So that he or they to whom any such Lease, or Lease, shall be made, as aforesaid, their Execu­tors, &c. do well and truly pay or cause to be paid, such, the same yearly rents and payments as shall be reserved and appointed to be paid, upon the making of every or any such Lease or Leases, as aforesaid, to the said B.A. and D. du­ring the life of the said D. and after her decease, to all and [Page 287]every such person and persons, to whom, from time to time, and for the time being, the immediated use, estate, re­version, remainder or interest of and in the same, or of and in any part or parcel thereof so to be demised or leased, as aforesaid, shall by and according to the true intent and meaning of these presents, next belong, revert, remain and come or be after the expirations of such several Demises or Leases: And shall doe, and well and truly observe, perform, fulfil and keep all and singular the Covenants, grants, arti­cles, conditions and agreements contained and specified in the same Lease, Leases and Demises, on the tenants part to be observed, performed, fulfilled and kept, according to the true intent and meaning of every such Lease, Grant or De­mise. And so also, and upon condition, that he or they to whom any such Leases, or Leases shall be made, his or their Excecutors, &c. do not at any time or times during his or their several estate or estates of and in the premises, or of and in any part or parcel thereof, so to be demised or leased, com­mit or make, or wilingly or wittingly procure, or assent, or suffer to be committed or done, any manner of wast, spoil, or destruction in and upon the premises, or in and upon a­ny part or parcel thereof, which shall amount to the value of 10 s. without the special licence and assent of the said B.A. and D.A. or of such person or persons to whom the immediate use, reversion, remainder or use thereof shall for the time being be and appertain. And also, so that he or they to whom any such Lease or Lease shall be made of the pre­misses, or of any part or parcel of the same, as aforesaid, shall and doe at all times during his or their estate or estates, of and in the same, well and truely content and pay, or cause to be contented and paid to all and every such person or persons, to whom from time to time, and for the time be­ing, the immediate use, estate, reversion, remainder in inte­rest of and in the same, shall by and according to the true meaning of these presents, next belong revert, remain, come, or be, after the expiration or determination of such said se­veral demises, all manner of rents, services, duties and cu­stomes which either upon such several Demises or Leases so [Page 288]to be made, as aforesaid, shall be reserved, or otherwise due, by reason of the Lands so to be demised or leased or leased, according to the true meaning, purport and intent of the said several Demises or Leases thereof, to be made in manner and form aforesaid. A Covenant, that if he doe not convey the Lands within a year, then the parties seized shall be seized to her use. And further the said A. B. for the considerati­ons before in these presents expressed, doth for him, and his Heires, Covenant, &c. That if he the said B.A. shall not, or doe not, within the said space of, &c. next ensuing the date of these presents, well and sufficiently convey and assure all and singular the premisses, with the appurtenances, unto the said L.H. and G.H. and their Heires, as aforesaid; or shall or doe leave any part or parcel of the premisses not suf­ficiently conveyed and assured unto the persons aforesaid, in manner and form aforesaid: That then immediately from and after the end of the said one year next ensuing the date hereof, as aforesaid, the said B. and his Heires, and all and every other person and persons that shall then stand and be seized of and in the premises, or of any part or par­cel thereof, shall stand and be seized of and in all such and so much of the premises, with the appurtenances, as shall be so lest, and not sufficiently conveyed, as aforesaid, to such and the same uses, intents and purposes, and with and under such conditions, provisoes, contingents, limitations and li­berties, as before in these presents are mimited, declared and expressed, and to none other use, intent or purpose.

In witnesse, &c.

An Indenture of Marriage already a­greed upon, with divers special Cove­nants concerning the same, and o­ther uses to that intent.

THis INDENTƲRE made, &c. Witnessesh, that for and in consideration of a Marriage already agreed upon (by the grace of God) shortly to be had and solemni­zed [Page 289]between the said T P and M G Sister unto the said I G, and in consideration of the sum of, &c. to be paid unto the said T P in preferment with the said M to the said marriage, by the said I G well and truly contented and paid, as hereafter by these presents is declared and appoin­ted: And for divers other good and reasonable causes, re­spects and considerations the said parties serverally moving, It is now Covenanted, granted, concluded, condescended, and agreed by and between the said parties, and either of the said parties doth by these presents, Covenant, grant and agree, for himself, his Heirs, &c. to and with the other of the same parties, his Heirs, Executors and Administrators, and every of them, in manner and form, and to the effect following: viz. Firsth, the said E P and T P do by these presents, for them, their Heirs, &c. grant, covenant and pro­mise, and either of them, for and by himself, his Heirs, &c. doth grant, &c. to and with the said I G his Heirs, Execu­tors and Administrators, That they the said E P and T P and either of them, at all times hereafter, and from time to time, at and upon the reasonable request, consts and charges in the Law of the said I G his Heirs, &c. shall and will make, seal, deliver, acknowledge, suffer, perform, perfect and exe­cute unto such person or persons, or his or their Heir, as the said I G his Heirs, &c. shall nominate and appoint, all and every such conveyances, estates, foeffements, fines, recoveries, acts, things, writings, demises and assurances in the Law, in and upon all the capitall Messuages and Tenements, with the appurtenances, called; &c. situate, &c. and all the Lands, Tenements, Meadows, Leasowes, Pastures, Woods, Under-Woods, Commons, Rents, Reversions, Conditions and He­reditaments whatsoever, to the same capitall Messuages in any wise belonging, or now, or at any time herefore, let, used, occupied or enjoyed to or with the same, or known, reputed, accepted or taken for or as part thereof: And of, in and upon all that capitall Messuage, &c. called, &c. and of, and in, and upon all that water corn milne, cum pertinen­tiis, commonly called or known by the name of, &c. and all Lands, pools, waters, water-courses, stagns, ponds, floud­gates, [Page 290]streams, profits, maltures, suit-commodities, customes, easments and emoluments to the same milne belonging or appertaining, or to or with the said milne occupied or en­joyed; and of, in and upon all and singular those two seve­ral Messuages and Tenements, with the appurtenances, in, &c. commonly called by the several names of, &c. and all the Lands, Tenements, Cottages, Meadowes, Leasowes, Woods, Pastures and Hereditaments whatsoever, cum perti­nentiis, to the said several Messuages, or either of them se­verally belonging or in any wise appertaining; or to and with the same Messuages, or either of them, now or at any time heretofore occupied, used or enjoyed: And of, in and upon all those Messuages, Lands, Tenements and Heredita­ments, cum pertinentiis, which the said E and T or either of them, hath, or at any time had in, &c. and which now be, or late were in the several tenures, possessions or occu­pations of, &c. or any of them, or their Under-tenants or Assignes, or the Under-tenant or Assignee of either of them: And of, in and upon all the tythes of corn, grain and hay, and all other tythes coming, growing, recruing and arising of and within, &c. and the same fields and grounds compas­sed, &c. And of, in and upon all courts, profits and perquisits of courts, waifs, strayes, heriots, reliefs, roylties, and all other profits and commodities of the same: And of, in and upon all other the Messuages, Lands, Tenemants and Hereditaments, cum pertimentiis, which the said E and T have, or at any time had, Habend' to uses. of or in any state of inheritance, within, &. or any of them. To have and to hold the said Messuages, Lands, Tenements and Hereditaments, and all other the pre­misses with the appurtenances, unto the said person or per­sons to be named and appointed as aforesaid, and his or their Heirs or Assignes, to the uses, behoofs, purposes and intents, and with, upon and under the conditions, provisoes, liberties and limitations hereafter in these presents limited, expressed, set down, appointed and declared by the said I G his, &c. or his or their Councel learned; shall be reasonably devised, advised, framed or required, so as the said E and T nor either of them, shall not be compelled or driven to go or [Page 291]travel, for the making, acknowledging, suffering or excu­ting of the said estates, feoffements, &c. or any of them, out of the County of, &c. And it is granted, condescended, con­cluded, accorded, determined and agreed by and between the said parties to these presents, for them, their Heirs, &c. That the said estates, conveyances, &c. shall be, and the said person or persons, and his or their Heirs or Assignes, shall stand and be seized of all and singular the said Messua­ges, Lands, Tenements and Hereditaments, and all other the premises, with the appurtenances, to the several uses, in­tents, behoofs and purposes; and with, under and upon the conditions, provisoes and limitations hereafter in these pre­sents limited, appointed, specified, expressed and declared, and to none other use, intent, purpose or meaning. That is to say, that the said estates, &c. for, touching and concer­ning theh said Messuages and Tenements, cum pertinentiis, called, &c. and the Demeasne Lands belonging thereunto; and all Lands, Meadowes, &c. ut supra, occupied and used for as Demeasne Lands thereunto belonging, and all Lands, Meadowes and Pastures, or to or with the same, or either of them; and for and touching the said several Messuages, That it shall be to the use of T. P. and M. for a Joynture, and to other uses. Lands and Tenements, with the appurtenances, now or late in the several tenures, possessions or occupations of, &c. shall be, and the said person and person, &c. or his or their Heirs or Assigns, shall stand, and be thereof seized, to the use and behoof of the said T P, and of the said M, for and during the term of their natural lives, and the longer liver of them, for and in the name of a Joynture to the same M. without impeachment of wast, during the life of the said T P: and after their decease, to the use and behoof of the first son which the said T shall hereafter have of his body upon the body of the said M lawfully begotten, and to the use and behoof of the Heirs of the body of the said first son law­fully issuing; And for default of such issue, to the use and behooof of, &c. And the said estates, for, touching and con­cerning the rest and residue of the said Messuages, Lands, Te­nements and Hereditaments, cum pertinentiis, whereof no use is before by these presents limited, appointed or decla­red, [Page 292]shall be, and the person or persons, &c. and his or their Heires or Assignes, shall stand and be thereof seized, to the use and behoof of the said T.P. for and during the term of his natural life without impeachment of wast; and after his de­cease, to the use and behoof of the said T.P. for and during the terme of his natural life, without impeachment of wast; and after his decease to the use and behoof of the first son and the Heir of his body lawfully issuing: and for default of such issue &c. If it happen any of the lands aforesaid to belawfully evict­ed out of her possession, then she is to be as­sured of other lands to their full value. Provided alwayes, and it is further Covenanted, &c. that if at any time after the death of the said E P & T P the premisses so, as aforesaid, limited or appointed to or for the Joynture of the said M. or any part or parcel thereof happen by any way or means to be lawfully evicted or divested by re­covery or entry, or by any other lawful means, out of, or from the possession or seizin of the said E now Wife of the said E P her Leasee or Assignee, by reason other Dower, or of any Joynture or estate of the said ε at any time heretofore made, or hereafter to be made: That then, and at all time, after the said estates, &c. and all other assurance whatsoever, at any time or times hereafter to be had, made or passed, in perfor­mance of any Covenants, grants or articles comprized in these present Indentures, shall be, and shall endure, and shall be con­strued, deemed and adjudged to be and endure: And the par­ties and persons to whom the Covenants and assurances, or o­ther assurance of the premises, or any part thereof, shall be made, and their Heires and Assignes, shall stand and be seized thereof, and in so much of the premises to be chosen out and laid forth by the said M and her Assignes, at her and their free liberty and pleasure, as shall and may in every respect fully countervail and be equivalent to the said Lands, Tene­ments and Hereditaments so to be evicted or devested out of her possession or seizin, by the said E, or her Leassee or Assignee, unto the use and behoof of the said M and her Assigns, for and during the natural life ony of the said E and to no other uses before in these presents specified; any thing aforesaid, or any thing to be contained in the said assu­rances, estates and conveyances, or any any of them to the con­trary, &c. Provided also, and it is moreover Covenanted, [Page 293]&c. That after the decease of the said E if sall and may be lawful to and for the said T at all and every time, times, and from time to time during his naturall life, by Deed indented under his seal, to demise, grant, set and let the said Messuages, Lands and Tenements, or any part or parcel theof, unto any person or persons in possession, and not in reversion, other then and except the premise before by these presents limited and appointed for the Joynture of the said M and other, then, &c. so as the same grants, That it shall be lawful for T. after E's, de­cease, to make Leases. leases or estates shall not surmount nor exceed the term & number of 21 years, or three lives, from & after the making of such Lease or Lease; and so as also there shall be reserved upon every such Lease to be yearly paid du­ring the continuance thereof, such and so much yearly rents, duties and services, as are now paid or answered for or out of the same, or more. And that then the said estates, &c. and o­ther assurances to be had, levied, suffered and made by the said E or T or either of them, of the said premises to be demsed, as aforesaid, shall be and shall enure, and the said person and persons to be, to be named as aforesaid; and his or their Heirs or Assigness shall stand and be seized of the premises to be demised from and after the demising or granting thereof, to the use and behoof of all and every such person and per­sons, and their Assignes, to whom any such demise or demises shall be so made for and during the terme or termers for which the same shall be so demised, according to the intent, effect and true meaning of such demises, and every of them, so as the fame person or persons, and his and their Executors, &c. severally and respectively doe and shall well and truly pay, or cause, &c. to such person and persons for the time being as shall be in the next and immediate reversion or remainder of the same Lands and Tenements so to be demised, the rents, duties and services in the said several Leases to be reserved upon every fuch several daies and times in their said Leases next after the same shall be due and payable, and reasona­bly demanded by him or them, in the next and immediate reversion or remainder thereof; and doe performe in con­venient time, after request in that behalfe to be made, all Co­venants [Page 294]and grants in the same Lease, Leases or grants to be contained, and to be performed on his or their parts and behalfs, shall not wittingly or willingly commit or suffer any wast above the value of, &c. in any one Tenement so to be demised or letten: And from and after such Demises or Leases to be had and made, and as they severally end and de­termine, to such further use and uses, and in such sort, man­ner and form, as are before in these presents limited, men­tioned and declared for and touching the same, any matter or thing, & ut supra. Provided also, and it is likewise Co­venanted, &c. that after the decease of the said E P it shall be lawfull to and, for the said T P at all times, and from time to time, during his life, by writing indented under seal, to grant, That it shall be lawfull for T. after E's.de­cease, to make his other wives Joyntures. convey, appoint or assure the said Messuage and Tene­ment, cum pertinenti is, commonly called, &c. and the Lards & Demeasnes thereunto belonging, or therewith used or occu­pied for or unto the use of such woman or women, as the said T P sahll hereafter marry or espouse, for and during her or their life or lives, and no longer, for and in the name of a Joynture, and not dis-punishable of waft; reserving therefore yearly the annual rent of, &c. to be yearly paid during the continuance of the same estate, or otherwise by writing indented under seal, from time to time, at his li­berty and pleasure, to demise, grant and set the same capi­tal Messuage or Tenement, and the Lands and Demeasnes thereunto belonging, or otherwise used or occupied unto a­ny person or persons in possession, and not of nor in reversi­on for the term of, &c. or under, from the day of the date of such writing indented. Yeilding and reserving therefore yearly, the annual rent of, &c. to be yearly paid during the continuance of such Lease: And that from and after such grants, conveyance, assurance, demise or setting, so, as afore­said made or passed, the said estates, &c. before in these presents mentioned to be made and passed, shall be for and touching the said capital Messuage and Tenement, called, &c. and the Lands and Demeasnes thereunto belonging, or otherwise used or occupied. And the said person and per­sons, &c. and his or their. Heirs and Assigns, shall stand and [Page 295]be thereof seized to the use and behoof of the same woman or women, or Leasse or Leasees, for and during the said term of; &c. or under, so as the woman or women, Leassee or Leassees, do and will yearly, during the continuance of their estates or term, content, satisfie and pay the annual rents reserved by or upon the said writings indented, accor­ding to the effect and true meaning thereof, unto him or them to whom the immediate reversion or remainder of the said capital Messuage or Tenement, and the Lands and De­measnes thereunto belonging, or therewith occupied or used, shall by and according to the true meaning of these presents for the time being, belong and appertain; and that for and touching the reversion or remainder of the same ca­pitall Messuage or Tenement, and the Lands and Demeasnes thereunto belonging, or therewith occupied or used, expe­ctant upon such estate for life or years, the said estates, &c. shall be: And the said person and persons, &c. and his or their Heirs and Assigns, shall stand and be thereof seized to such other uses, behoofs and purposes, and in such fort, man­ner and form, and of and in such form, and of in such estate and use of inheritance, and of such person and persons as are before in these presents appointed, named and decla­red for or touching the same, any thing in these presents contained, &c. ut supra. Provided alwaies, and it is granted, That it shall be lawfull for him to make annui­ties. &c. That is shall and may be lawfull to and for the said E P at any time during his life, by writing under seal, and by mat­ter of record, to grant, convey, appoint or assure unto the said E P his Son, for and during the term of his naturall life, and no longer, one annuity or rent-charge, not exceed­ing 22l. at the most, to commence from and after the decease of the said E P, and to be issuing and going forth and di­strainable in, from and out of the said Messuages, Lands and Tenements, or any part or parcell thereof, other then the said Lands and Tenements before appointed for the Joyn­ture of the said M, and that but during life onely, and no longer, as to the said E during his life, shall be thought meet and convenient. And that from and after such grant, ap­pointment, conveyance and assurance of such annuity or [Page 296]yearly rent of the said estates, &c. covenanted by these pre­sents to be made, shall be for and touching such of the said Lands and Tenements as shall be so charged: And the said person or persons, &c. and his or their Heirs and Assigns, shall stand and be seized of and in the said Lands and Tene­ments so charged, to the intent, trust and use that the said E D shall have, take, perceive, receive, distrain for and enjoy the said annuity or yearly rent-charge, according to the true meaning of the said grant, appointment or assurance to be thereof, as aforesaid, made, without fraud or covin. And yet neverthelesse the same Lands and Tenements being made subject and chargeable to or for such annuity or yearly rent as are before by these presents appointed, declared or ex­pressed for and touching the same, any thing in these pre­sents, &c. Provided also, &c. for liberty to T P to grant annuity for every his younger sons by marriage for life, not exceeding 6l. a piece. And whereas the said I L hath con­veyed and assured unto the said E P and his Heirs (expresse the Lands)and whereas the said E P hath entred into Bond unto the said I L with condition, that in case the said I his Executors, Administrators and Assigns, should pay unto the said E P his Heirs, &c. the sum of, &c. in the porch of, &c. at the Feast of, &c. in the same Bond contai­ned: That then he the said E P or his Heirs, shall convey and re-sure the same Lands and Tenements back again unto the said I L and his Heirs for ever, as by the same Bond and condition thereof made, more at large appeareth. It is now provided, granted, &c. that if the said I L his Heirs, &c at any of the said Feasts, & in the condition of the said Bond mentioned; or the said E P his Heirs, &c. within, &c. next after any of the said Feasts, do or shall content or pay unto the said T P or the heir of his body upon the bo­dy of the said M lawfully to be begotten; or in default of such issue to the Executors or Assigns of the same T P the sum of, &c. That then and from thenceforth all and singular the uses before specified in these presents, be they present, contingent or future, for and touching the same Lands and Tenements which were conveyed and assured unto the said [Page 297] E P by the said I L as aforesaid, shall utterly cease, de­termine and be utterly void, to all intents and purposes. And that then and at all times after the sad estates, &c. for and touching the said Lands and Tenements, shall be : And the said person or persons, &c. or his or their Heirs and As­signes, shall stand and be thereof seized to the use and behoof of the said I. and his heirs for ever. And that then and from thenceforth the same Lands and Tenements, nor any part nor parcel thereof, shall not be subject nor lyable, nor the estate thereof alter or change to or for any other use, intent, purpose or behoof; these presents or any thing, &c. And the said E P and T P do by these presents covenant, &c. That the said E P and T P. their Heirs, That E. P. and T. P. shal acquit and discharge as well M. as also the Lands. &c. or some of them, shall and will at all times from and after the marriage had and solemnized between the said T P and M G well and sufficiently acquit, exonerate and discharge, or other­wise from time to time, upon reasonable notice and request, full and sufficiently save and keep harmlesse as well the said M G and her Assignes, and their said Sons and Heirs of their two bodies lawfully issuing; As also all and singular the said Messuages, Lands, Tenements and Hereditaments, with the appurtenances, of, for, from, touching and con­cerning all and all manner of bargains, sales, gifts, grants, Joyntures, fines, dowers, recoveries, feoffments, estates, tails, limitations, uses, leases, morgage, rents-charge, stature merchants and of the staple, judgments, recognizances, in­trusions, conditions, entries, troubles, titles and incumbran­ces whatsoever, at any time heretofore had, made, done, committed, acknowledged, grown, executed, occasioned, caused or willingly or wittingly suffered or hereafter to be made, &c. by the said E P and T P, or either of them, or any other person or persons by their or any of their assent, means, authority, title or procurement (the rent and services hereafter to grow due to the chief Lord or Lords of the fee of the premeises, and the Title of Dower or estate in Joynture of the said E, now wife of the said E D in and to the premises; and all Leases heretofore made by the said E for 21 years or under, now in being; whereupon the [Page 298]now rents and services paid or answered for the same or more, are reserved and shall be yearly due and payable during the same term and terms of the said Lease and Leases; and all e­states, conveyances, grants, leases and assurances to be made by and according to the true meaning of these presents; and such condition and title as the I. L. and his heirs have to redeem the premisses by him, as aforesaid, conveyed and assu­red unto the said E.P. and such Lease as the said E P hath heretofore made and passed unto IC an expresse Tenant of and upon the Tenement, &c. for, and during the term of, &c. whereupon there is reserved and shall be payable during the continuance of the same Lease, then also only excepted.) And whereas the said E P is possessed for divers years yet endu­ring, of and in the tythes and portion of &c. in &c. of and in &c. Now the said E P and T P do grant &c. that the same E P and T P. and either of them, and the Executors and Ad­ministrators of either of them, shall and will at all times here­after, and from time to time, at and upon the reasonable re­quest, costs, and charges in the Law of the said E G, his &c. make &c. unto such person or persons &c: of, in and upon the said tythes, leases for years and interest, and the Indentures and writings thereof: To have and to hold the same Tythes, leases, terms, interest, and the Indentures, and writings unto the said person or persons &c: their &c. to the intent, use, trust and confidence that the said person or persons, &c. and his or their &c. shall suffer and permit the said E P during his life, to have, hold, occupy and enjoy the said tythes and leases, and receive the rents, issues, and profits thereof; and to the in­tent, use, trust and confidence that the said person or persons, to be named and appointed, as aforesaid; and his or their heirs &c. shall and will permit and suffer the said M from and after the decease of E P for and during her life to have, hold, occupy, possesse and enjoy the tythes and portion of tythes of &c. and to the intent, use, trust and confidence that the said person or persons, &c. shall from and after the decease of the said E P permit and suffer the said T P and the heirs of his body, upon the body of the said M lawfully to be begot­ten: And for default of such issue &c. to have, hold, occupy [Page 299]and enjoy the said rest and residue of the tythes, farms, and leases; together also with the said tythes and protion of her, from and after the decease of the said E P and M G, to take and receive the rents, issues, and profits thereof, during the rest and residue of the termes and pears of the said several leases, without fraud and covin. And the said E P and T P for them, &c. That they the said E P and T P their &c. or one of them, shal & wil at all times hereafter, acquit & discharge, or otherwise upon reasonable notice and request, fully and sufficiently release the said tythes, farms, leases & interests, of, for touching and concerning all and all manner bargains, &c. whatsoever had, made, done acknowledged, caused, procured, occasioned, willingly or wittingly suffered or hereafter, to be had, &c. by the said E P and T P, or either of them, or any other, by their or any of their means, assent, commandment, authority or procurement (The rents, duties, grants, and covennants contained in the said several leases only excepted and foreprized.) And that the said M, and the heirs of the body of the said T P upon her body lawfully to be begotten, shall or may have, &c. the said tythes, &c. according to the intent and true meaning of these presents, without any let, suit, &c. of nay person or persons that lawfully claim the premises or any part or parcel thereof, from, by, or under the said E P and T P or either of them, or after, or by reason of any forfeiture committed or willingly suffered by them or either of them (except such interruption, suit, or troubles as shall be made, done, or committed by the said person or persons to be named and appointed as aforefaid, or his or their, &c. or any of them.)

In witness, &c.

An Indenture of Use for the cutting off Lands en­tailed in the right of the Wife, making the same to the use of her Husband for ever.

THis INDENTƲRE made, &c. between, &c. Witnesseth, A Covenant to suffer a Reco­very. That it is covenanted, granted, condescended and a greed between the said parties by these presents. That they the said R F and M, on this side, and before the Feast of &c. shall suffer the said I S and C R in due form of Law, to recover against the said K and M, and their heirs and the heirs of them and either of them in the Court of Hastings, of L. holden in the Guild hall of the same City, according to the cu­stom of the same City, the Mayor and Sheriffs of the same Ci­ty aforesaid two Messuages, &c. with all and singular shops &c. by the name of &c. set, lying and being, &c. and to have and take execution thereof accordingly. And it is further covenanted, That the Reco­very shall be to the use of R. F. &c. and the said R C. and I S for them, &c. That immediately from and after the Judgment and exe­cution had of the same recovery, as wel the said R C and F S and their heirs shal stand and be seized of the premises, as also of the same Recovery in form aforesaid to be had and sued for, the two Messuages shall be to the use and behoof only of aforesaid R F and of his Heirs and Assigns for ever, and to no other use, purpose or intent.

In witnesse, &c.

An Indenture of a Lease of a Water-House, and Engines, penned by Councel.

THis INDENTƲRE made, &c. between, &c. Witnesseth, That whereas the Mayor and Commonal­ty, and Citizens of the City of London, The grant from the Mayor and Commonalty to T. P. of the Cistern. by their Indenture of Lease under their common Seale, bearing Date, &c. for the consideration therein specified; have demised, &c. unto T P of &c. all that Cisterne or Cisternes to our place of store or receipt for Water, at or near unto the place cal­led, &c. aforesaid, the ground thereof containing in mea­sure, &c. or thereabouts, and all those Engines, buildings, and Water-courses at or near unto the Wharfe aforesaid before that time made or erected by B B of &c. or. by his Assignee or Assignes, or by his or their appointment, or by any others for conveyance of Water into certain places within the City of, &c. and the liberties thereof, out of the River of Thames; which cisterne, tower or place of store or receipt and engines, buildings, and water works, then were in the tenure or occupation of the said T P, or of his Assignee or Assignes, together with free egresse and regresse to and from the said water works, and place of store or receipt for water. And whereas the said Mayor and Commonalty and Citizens by the said recited Indenture of Lease, have for them and their Successors given and granted full power, license and authority to the said T P his, &c. and every of them, at all convenient times during the time and terme in the said Indenture of Lease limited by them, their Servants, Labourers and Workmen, Deputies and Assignes to lay and convey any pipe or pipes of lead, as well within the said River of Thames, as in the said Wharfe cal­led, &c. for the bringing of water to the said Cisterne or Cisternes, Engine or Engines, as also in any other place or places in any the streets or common passages or other pla­ces of the said City of London, and the Liberties thereof [Page 302]wheresoever the said T. P. his Executors, Assigns, Servants, Deputies or Work men shall think good, for the bringing and conveyance of the water from the said Engine or En­gines to any house or houses, or any other place or places within the said City or Liberties, as the said T P, his Execu­tors, Assignes, Servants, Deputies or work-men shall think good (and the same not being hurtful or noyous to the pipes, vaults, or buildings of or within the said City, nor any of them, nor to be done without reasonable notice before given to the Chamberlaine of the said City, for the time being) to the end he may first consider of such hurt or noyance, and so as it be not through any mans house or ground against the good will of the Tenant or Occupier thereof. And whereas also the said Mayor and commo­nalty, and citizens (as much as in them did lie) have by their said Indenture of Lease for them and their Successors, De­mised, letten and granted to the said T P his &c. all that place or plot ground containing by estimation, &c. or thereabouts, where the said Cisterne or Cisternes, Engine or Engines, building and Water-works are imployed, built and erected, together with free liberty of accesse, ingresse, e­gresse and regresse to and from all and every the premises, to have and to hold for the terme of, &c. commencing from the Day of the Date of the said recited Indenture of Lease, for and under the yearly Rent of, &c. payable as in and by the said recited Indenture of Lease (whereunto re­lation being had amongst divers Covenants, Grants, Articles, provisions and agreements therein contained) more at large appeareth. The recital of the grant from T. P. to divers Persons of the pipes of lead. And whereas the said T P hath since the said original Indenture of Lease to him in form aforesaid, made and granted, made divers and sundry Leases and Estates of divers pipes of lead parcel of the premises conveying wa­ter to the several houses of divers persons in the City of London and Suburbs thereof, The grant from T. to C. E. and T. F. of the whole. and thereupon hath reserved divers and sundry Rents. And whereas also the said T P. by a certain Deed indented, bearing Date, &c. acknowledg­ed to be inrolled in the high Court of Chancery, Hath bar­gained, sold and assigned to C.E. of &c. and T f of, &c. all [Page 303]his estate, interest, and terme of years of and in the premi­ses. And where the said C E and T f by certain Deeds indented bearing Date, From C.E and T.F. to Sir G.A T. H. &c. by parts. &c. Have bargained, sold and as­signed to the said Sir G. A. his Executors and Assignes one equall twenty fourth part of all and every the said Cisterne or Cisternes, tower, place or store for water-engines, water-works, plat of ground, benefits profits, commodities and premisses, the same into twenty four equall parts, being, or to be divided. And to the said T H. four equal twenty fourth parts of all and every the said Cisterne or Cisternes, Tower, place or store for Water Engines, Water-works, plat of ground, benefits, profits, comodities and premises, the same into twenty four equal parts, being or to be divided, as aforesaid. And to the said E.B. one eual twenty fourth part, and the moyety or halfe of a twenty fourth part of, &c. ut supra. And to the said C A four equal twen­ty four parts of all and every &c. ut supra. And to the said S A one equal twenty fourth part of all, &c. ut supra. And to the said A H one equal twenty fourth part of, &c. ut supra. And to the said E W the moyety or one half of one equal twenty fourth part of all, &c. ut supra. And to the said G. For­man one equal twenty fourth part of all and every the premi­ses (the same into twenty foure equal parts being or to be devided, as aforesaid.) As in and by the said Deeds indented, bearing Date, &c. more plainly appeareth; by force where­of the said Sit G A. T H. E B. C A. S A. A H. E W. and G F, are at eh ensealing of these presents lawfully interes­sed and possessed of all the said Cistern and Cisternes, Tower, place of store, or receipt of Water-Engines, Water­works, plat of ground, priviledges, commodities, and other the premises. Now this Indenture further witnesseth, The considera­tion. That the said G A. T H &c. for and in consideration of the Rent, Covenants, payments and sums of money here-under se­verally and respectively reserved and mentioned to be paid, done and performed by the said H H his &c. and for and in consideration of the sum of 300 l. of &c. hereupon conditionally assured to be paid at several dayes after the Feast day of, &c. next ensuing the Date of these presents [Page 304]according to the conditions of several obligations: The Demise to H.H. Have demised, betaken and to farme letten, and by these pre­sents do, &c. unto the said H H, all their said Cisterne or Cisternes, tower, place or store for water, and the use of all and every the said Engines, buildings and water-works at or near the said Wharf, called, &c. heretofore made and erected by the said B B. or by his Assignee or Assignes, or by his or their appointment, or by any other for conveying of water into certain places in the said City of London, and the Liberties thereof our of the said River of Thames, as abovesaid, and free egresse and regresse to and from the said water works and place of store and receipt for water, and all the said place and plat of ground, containing by estima­tion, &c. where the said Cisternes, Engines and Water-works are imployed, built and erected, and the use of all and every other the premisses, with the appurtenances in and by the said original Indenture of Lease to the said T. P. granted as aforesaid, together also with all and singular other the authorities, priviledges, preheminences, matters, liberties, powers and things whatsoever granted, passed or conveyed to the said T P by the said original Lease in as large and ample manner to all intents and purposes as they the said Sir G A. T H. &c. may or might have, use, exercise or enjoy the same by force of the said Original Lease and mean Assignements aforesaid, and the reversion and rever­sions of the premisses and of every part thereof, for the terme only these presents demised, and expressed, and all rents yearly profits whatsoever reserved upon any whatsoever under-Lease, Demise or Grant made of the pre­misses, or of any part or parcel thereof before the enseal­ing of these presents: To have and to hold the said Ci­sterne and Cisternes, Habend' for 400 years. tower, place of store, or receipt for water, and the use of the said Engines, Buildings, Water-works, and the said place or plat of ground aforesaid where the said Tower is erected, and all benesits, authorities, privi­ledges, powers, profits and commodities, and all and every other the premisses, with the appurtenances by these pre­sents mentioned and intended to be demised unto the said [Page 305] H.H. his, &c. from the Feast day of, &c. next coming af­ter the Date of these presents, unto the end and terme of 400. years from thence next ens [...]ing, and fully to be com­pleat and ended: Yeilding and paying for the yeare of the said terme of, Yeilding and paying &c. unto the said Sir G.A. T.H. &c. or their Assignes, one corne pepper at the feast of, &c. (if it be lawfully demanded) And also yeilding and paying year­ly every yeare during the other 399 yeares residue of the said terme of, &c. unto the said Sir G.A. his, &c. at the fore-doore of the said tower, place of store or receipt for water, the yearly rent or summe of, &c. at two Feasts or termes in the yeare, that is to say, at the Feast of, &c. or within forty dayes next ensuing either of the same Feast Dayes by even and equall portions. And also yeelding and paying yearly and every year during the said 399 yeares residue of the said terme of, &c. unto the said T.H. his, &c. at the place aforesaid the yearly rent or summe of, &c. or like money at the said two last mentioned Feasts in the yeare, or within the like space of forty dayes next, &c. by even and equal portions. And also yeelding and paying yearely and every yeare during the said 399. yeares residure of the said terme of, &c. unto the said, &c. ut supra; and so for all the Grantors. Provided alwaies, Proviso for non-payment to re-enter. that if it shall happen the said several yearly Rents above by these presents reserved and mentioned to be paid, as abovesaid, or any of them, or any part or parcel of them, or any of them to be behind or un­paid by the said space of forty dayes next over or after any Feast Day or payment thereof above mentioned (being lawfully demanded at the place of payment above speci­fied:) That then or at any time after it shall any may be lawful unto and for the said Sir G.A. T.H. &c. their Exe­cutors, &c. and every or any of them into the said Cisterne or Cisternes, tower, and all other the premises hereby De­mised, and every or any part thereof wholly to re-enter, and the same to have againe, retaine and repossesse as in their and every or any of their first and former Estate. And that then from and after such re-entry made, this present Lease and the demise and grant of the premises shall cease, deter­mine [Page 306]and be utterly void and of none effect to all intents and purposes as though the same had never been had nor made: Any thing whatsoever to the contrary notwithstan­ding. And the said H H for himselfe, his, &c. and for every of them, A Covenant that H H shall pay two An­nuities. doth Covenant, &c. to and with the said T H. E B, and C. A. their, &c. by these presents, that he the said H H. his, &c. shall and will from henceforth yearly and every Grants or annuities of 51. per annum, made by the said T P, the one to R P. T H. R H. f G. E C. and L M of, &c. by Indenture, bearing Date, &c. and the other to E G. W W. W M. C S. R D and f A. of, &c. by Indenture, bearing Date, &c. well and truly pay or cause to be paid unto such Person or Persons as ought to have or receive the said two annuities, the summe of, &c. at four Feasts or Terms in the yeare, that is to say, at, &c. or within twenty two dayes next ensuing every of the same Feast Daies by even and equall portions. And of and for the said Annuities and the pay­ment thereof, and of and for all actions and demands con­cerning the same, shall and will at times hereafter clearly acquit and discharge the said T H. E B, and C A their, &c. and every of them. And the said H H for himselfe, his Heires, &c. and for every of them doth Covenant, &c. to and with the said Sir G A, Covenant that H H shall pay the Rent, and performe the Covenants in the original Lease. T H, &c. and every of them by these presents, That he the said H H his, &c. or one or some of them at his or their own charges shall and will from time to time, and at a all times during the continu­ance of the said terme of 400. years, hereby Demised, well and truly pay, beare, discharge and performe all and every the Rents, Covenants, clauses, conditions, Articles, agree­ments, matters and things in or by the said originall recited Indenture of Lease, reserved, mentioned and expressed, which on the part and behalf of the said T P his, &c. or any of them, from henceforth are, should or ought to become due, paid and performed, according to the purport, true intent and meaning of the said recited originall Lease (except the conditions, provisoes and agreements in the said recited ori­ginall Indenture of Lease, mentioned on the part and behalf [Page 307]of the said T P his, &c. specified to be done onely, for, touching or concerning the payment of the sum of, &c. the same sum of, &c. being now truly and fully paid, as it doth and may appear in the Office of the Chamber of the City of London) and thereof, and of and from all actions, suits, da­mages and demands, which in any wise shall or may happen to come, grow or arise touching or concerning the same, or any of them (except before excepted) shall and will at all times hereafter save and keep harmlesse the said Sir G A T H, &c. their, &c. and every of them. And further, the said H H for himselfe, his, &c. and for every of them. doth Covenant, &c. to and with the said Sir G A. T H, &c. their, &c. and every of them by these presents, in manner and form following; that is to say, That he the said H H, his, &c. or one or some of them, Covenant for reparations. shall and will from time to time, and at all times hereafter, during the continuance of the said term, well and sufficiently repair, support, sustain, amend, preserve and keep all and every the Cistern and Ci­sters, Work-house and works, Engin and Engins, Buildings, Pipes of lead, Waterworks and all and every other the pre­misses in and by these presents mentioned to be demised (or such other new Engin or Engins, or other Water-works as shall happen to be erected, made and raised in or upon the premisses, or any part thereof, in stead thereof, as good or better, for conveyance and plentifull serving of water, as the said Buildings, Engins and Water-works now in being are) in and with such sufficient reparations as the same shall convey, keep and serve water into the Pipes and Conduits into the City of London, heretofore accustomed to be served from the same, as plentifully and sufficiently as the same works now in being to serve, and usually have served. And moreover, that he the said H H his, That H H shall not commit a­ny act to forfeit the original Lease. &c. or any of them, shall not at any time during the continuance of the said term, do or commit, or cause to be done or committed, any wilfull and willing act or acts whatsoever; by reason or means whereof, the said original Indenture of Lease shall be forfeited, avoyded or incombred (except of and for the payment of the said sum of, &c. and every or any part [Page 308]thereof) Provided also, A proviso, that if H.H. take up any Pipe, then to re-enter. that if the said H.H. his, &c. or any of them, shall at any time hereafter, during the said term, take up or carry away any main Pipe or Pipes, now laid, or hereafter to be laid, in any the streets or lanes of the said City, or liberties of the same, or in any other place or places of the said City, or the liberties of the same, for con­veyance of water into the said City, other then for repairing thereof; or to lay new, and those of the like goodnesse, in the place or places of such of them, as are or shall be decayed: That then, or at any time afterwards, it shall and may be lawful unto and for the said Sir G. A. T. H. &c. their, &c. into the said demised premises, with the appurtenances, wholly tore-enter; and that then, from and after such re­entry made, this present Lease and Demise shall cease and determine, any thing herein contained to the coutrary not­withstanding. And furthermore, A Covenant, that he shall leave them in good repair. the said H.H. for himself, his, &c. and for every of them, doth Covenant. &c. to and with the said Sir G.A.T.H. &c. their, &c. and to and with every of them by these presents, that he the said H.H. his &c. shall and will at the end or determination of this pre­sent Lease and Demise howsoever, leave and yeild up unto the said Sir G.A.T.H. &c. their, &c. the said Citerne or Cisternes, Tower or store place for receipt of water, Engins, Buildings, Water works, Pipes of lead, and all other the premises hereby mentioned, or intended to be demised, in as good case and condition as the same now are (reasonable use and waring thereof in the meane time excepted) or for such of them as shall be wanting, altr [...]d or changed, as good or better, for plentiful conveyance and serving of water, as the same now are, to be set up and remaining with­in any place or places of the said Tower, where to him the said H.H. shall seem good. And that he shall not take above one years rent for any fine. And that be the said H.H. his &c. or any of them, shall not at any time during the said term of, &c. hereby demised, receive or take of any person or persons for the fine of any underlease or grant, leases or grants by him the said H.H. his, &c. or any of them, to be made, done or granted of the premises, or of any pare thereof, above the value of one yeares rent, which shall be [Page 309]reserved by or upon any such under-lease. And that if the said H H his &c. or any of them, shall be minded at any time during the said term of, &c. hereby alien, assign or set over this present Lease, and the interest and term hereby demised, to any person or persons other then to I G and S G or to such person as the said H H shall nominate, to the intent to convey back the same to the said H H, I G and S G or any of them: And if he be minded to put it away, then they are to have the proffer thereof. That then they the Sir G A, T H &c. shall or may have the same before any other: Giving and paying therefore unto the said thereof to them the said Sir G A, T H &c. or some of them, so much lawful English money, at such dayes and times, and in such manner and form as any other will (bona fide) give or pay for the same. Provided further, Proviso, if he do not perform all the Cove­nants in the original Lease, then they to re-enter. that if the said H H his, &c. or some of them, shall not well and truely hold, fulfill, performe and keep all and singular the Co­venants, grants, articles, clauses and agreements contained and mentioned in the said recited original Indenture of Lease made unto the said T P as aforesaid, whereupon any clause, or provision, or forfeiture, or re-entry is limited, ex­pressed or reserved (except for and concerning the payment of the said sum of, &c. which is now satisfied and payd, as aforesaid) that then and in every such case, it shall and may be lawful to and for the said Sir G A, T H &c. their, &c. into the said premises hereby demised, and every part there­of, wholly to re-enter, and the same to have againe, retain and re-possesse, as in the first and former astate: And that then, from and after such re-entry made, this present Lease, and the Demise and Grant of the premises hereby made, shall be void and of none effect to all intents and purposes, any thing, &c. notwithstanding. Provided moreover, Proviso, if H.H. be willing to leave it, then this Lease to be­voyd. and it is coditioned, condescended, concluded and fully agreed upon by and between all the said parties to these presents, that if at any time before the Feast day of, &c. he the said H H his, &c. shall be minded to leave the said demised premises, or to assigne, to grant or surrender this present Lease, and all his or their interest, term and demand of, in [Page 310]and to the same, unto the said Sir G A. T H &c. their, &c. and of such his or their mind or determination, shall upon the said Feast day of, &c. or at any time within one month next before the said Feast day of, &c. give or leave notice in writing unto or for the said Sir G A. T H &c. their Exe­cutors, &c. at the now dwelling-house of the said S A commonly called or known by the name or sigh of, &c. si­tuate, &c. That then (at and upon the Feast day of, &c. next after warning or notice so given or left in writing, at or before the said Feast of, &c. as aforesaid) and from thenceforth this present Demise, Lease and Grant of the premisses hereby made, shall cease and be determined, and be delivered up unto the the said Sir G A. T H, &c. to be cancelled; and that the counterpart thereof shall also be re­delivered unto the said H H his, &c. to bee likewise can­celled. And the said Sir G A. T H, &c. severally and re­spectively each one of them for himself onely, and for each one of the several and respective Executors and Admini­strators of each one of themselves onely, and not jointly the one for the other of them, nor for the acts, deeds, mat­ters or things, the one of the other of them doth Cove­nat, &c. to and with the said H H his, &c. by these presents, That he the said H H his, &. paying all and every the said several yearly rents by these presents reserved, and performing all and singular the Covenants; articles and a­greements in these presents mentioned on his and their, and every or any of their parts, to be performed, according to the purport, true intent and meaning of these presents, shall or may during the said term of, &c. peaceably and quietly hold and enjoy the said Cisterne or Cisternes, Tower or store-place for receipt of water, and all other the premisses hereby men­tioned to be demised, without the lawfull let, trouble, evicti­on or expulsion of the said Sir G A. T H, &c. or any of them, their, Covenant that they shall shew forth the origi­nall Lease, if need be. &c. And it is agreed by and between the said Parties to these presents, that they the said Sir G A. T H, &c. their, &c. shall and will do their best endeavour at all times hereaf­ter during the continuance of the said terme of years hereby demised, at and upon the reasonable request of the said H H. [Page 311]his, &c. to produce and shew forth in any Court or Courts whatsoever, and before any Judge or Judges when need shall require, as well the said recited original Indenture of Lease, as also all the said mean conveyances thereupon made; and suffer the same and every or any of them to be read, seen, and per­used in the custody of said Sir G A. T H, &c. their Execu­tors or Assignes, or some of them for the defence and main­tenance of the Title and Interest of the said H H his Exe­cutors and Assignes, of, in and to the said premisses.

In witnesse, &c.

A Lease of a House, and for non-payment of a summe of Money at certain dayes therein mentioned, the Lease to be void.

THis INDENTƲRE made, &c. between, &c. Witnesseth, that the said A B, as well for and in consideration of, &c. to him in hand before the ensealing and delivery hereof by the said C D well and truly paid, Consideration of money to be paid. the receipt whereof by these presents, as also for and in consideration of the summe of, &c. to be paid unto him the said A B his Executors, &c. in manner and forme following, that is to say, on, &c. (name the dayes of payment) in full payment and satisfaction of the said summe of, &c. Hath Demised, granted, and to frame letten, and by these presents doth Demise, grant and to farme let unto the said C D all that Messuage or Tenement wherein the said Dame D S lately dwelt, and which is now in the reture or occupation of the said A B, and all that garden or garden plat lying behind the same Messuage or Tenement as the same is now fenced in, walled and inclo­sed, and all lights, easments and commodities to the said Messuage or Tenement, and premisses now belonging or appertaining, which said demised pemisses are situate, ly­ing [Page 312]and being in, &c. Except and alwaies reserved out of this present Demise, Exceptions Lease and Grant of the premises unto the said A.B, his, &c. one Celler next adjoyning to the Mes­suage or Tenement wherein one T.G. now dwelleth, and one Roome or Chamber wherein G H. lately used to lie, which hath a Doore leading to the Messuage or Tenement of the said T.G. and one little Chamber to the said last mentioned Chamber adjoyning, and one piece or plat of ground lying neare and also adjoyning to the said Celler on the East and South-sides thereof, containing in length &c. or thereabouts, and in breadth at the North end, &c. of assize, or thereabouts; and in breadth at the West end, &c. of assize, or thereabouts And also except and alwayes reser­ved out of this present Demise unto the said A.B free li­berty and accesse, of ingresse, egresse, regresse, way, course and quiet passage for him, his Servants and familiar Friends to enter, goe, or come into, out of, and from the said Gar­den or Garden plat above by these presents mentioned to be hereby demised, there to walke and by, and also to drie clothes at his and their free wills, liberties and pleasures from time to time and at all convenient times during the terme hereunder granted, of the said A.B. doe so long live and keep the Messuage and Tenement now in the occupation of the abovenamend T.G. in his owne occupation; and also free liberty of ingresse, egresse and regresse unto and for the Servants of the said A. B. his, &c. to enter, goe and come unto and from the house of office or witdraught there stan­ding and being, as also to goe and come through the same Garden to cast dust and other things over the brick wall towards the street, not doing any annoyance to the said A. B. his, &c. nor to the said Garden above-mentioned, for their and every of their use from time to time, and at all times hereafter during the term of yeares hereby granted: Habend' for yeares. To have and to hold the said Messuage or Tene­ment, Garden or Garden-plat and all and singular other the premises above by these presents Demised (except be­fore excepted) unto the said C.D. his, &c. from the Feast Day of, &c. next coming after the Date hereof unto the [Page 313]full end and terme of, &c. from thence next ensuing, and fully to be compleat and ended: Yeilding and paying there­fore yearly every year during the said terme unto the said A B his, &c. one pepper corn on the Feast of, &c. only, if it shall be demanded. And the said C D for himself, his, Covenant for reparations. &c. and for every of them, covenanteth, &c. to and with the said A B his, &c. by these presents in manner and forme following, that is to say, That he the said C D his, &c. or some of them, shall and will at his and their, or some of their own proper costs and charges well and sufficiently repair, amend, maintaine, uphold, sustaine and keep all the above­demised premisses (except before excepted) in, by and with all manner of reparations necessary, when, and as often as need shall require during the said term of, &c. hereby granted, and in the end, expiration, forfeiture, surrender or determination of this present Lease, shall and will peaceably and quietly leave and yeild up all the above demised pre­misses unto the said A B his, &c. well and sufficiently re­paired, amended, upholden and kept. And also, To view tl reparations. that it shal and may be lawful as well to and for the said A B. his, &c. as also to and for all others the Leasors or Grantors of the said demised premisses, their, &c. or any of them, with their or any of their Servants, Deputies, or Work-men, in their or any of their Company, soure times in every yeare yearly during the said term into the said demised premisses, and into every or any part or parcel thereof to enter, then and there to view, search and oversee what needful repa­rations are then and there to be done, and upon every de­fault found to give warning unto the said C D his, &c. to repaire and amend the same within two months alwayes next ensuing any notice or warning to be therefore give or left in writing at the said demised premisses; within which time and space of two months the said C D for him­self, his, That is shall be lawfull for T.C. to set up any buildings for the bettering of the premisses. &c. doth covenant and grant to repair and a­mend the same accordingly. And further, the said C D for himself, &c. covenanteth, &c. to and with the said A B his &c. by these presents, That it shall be lawful unto and for Sir T C Knight, his, &c, or any of them to build, set [Page 314]up and repaire any erectments or buildings on the North side of the premisses hereby demised, and to imploy the same to his or their own use and uses during the terme here-under granted. So alwayes that the same erectments and buildings so to be erected and built may be for the en­bettering of the premisses hereby demised, and not other­wise. Proviso, if C.D do not pay the money accord­ing to the times then this Lease to be void. Provided alwayes and neverthelesse upon condition, that if the said C D his &c. do not or shall not well and truly content and pay, or cause to be contented and paid unto the said A B his &c. the sum of &c. in such manner and form as is herein above mentioned, limited or appoin­ted for payment thereof; That then and from thenceforth this present Indenture of Lease, and every Covenant, grant and Article herein contained on the part and behalfe of the said A B his &c. or any of them to be performed and kept, shall cease, determine and be utterly void to all in­tents and purposes in the Law whatsoever. And that then and from thenceforth it shall be lawful unto and for the said A B his &c. or any of them into the said demised pre­misses, and into every or any part and parcel thereof wholly to re-enter, and the same to have again, retain, enjoy and repossesse in his or their first and former Estate or Estates; and the said C D his &c. and all other the Occupiers and Possessors of the same demised premisses, or of any part thereof, thereout and from thence utterly to expel, put out and amove; this present Indenture, or any thing herein con­tained to the contrary thereof in any wise notwithstanding. And the said A B &c. covenanteth &c. to and with the said C D his &c. by these presents, Covenant for peaceable in­joying. that he the said C D his &c. and every of them, paying and performing all and every the co­venants, grants, payments and agreements herein above men­tioned, in manner and form above limited and appointed to be paid, performed and kept according to the purport and true meaning of these presents, shall or may peaceably and quietly have, hold, possesse and enjoy the said Messuage or Tenement and all other the premisses above by these presents demised (except before excepted) without any let, trouble, expulsion, forfeiture, recovery or interruption of or by the said A B his [Page 315]&c. or of or by any other person or persons by his or their means, default or procurement during the said term of &c. a­bove by these presents granted. And that A.B. shall pay the Rent on the o­riginal Lease. And also that he the said A B his &c. shall and will yearly every year during the said term of &c. hereby granted, truly pay or cause to be paid unto Sir A P Knight, his heirs or Assignes, all such rent and sum and sums of mony as is mentioned and reserved to be paid in and by the Original Indenture of Lease, whereby or by meanes whereof the said A B now holdeth the premisses hereby de­mised (amongst other things) and thereof and of every part and parcel thereof, and of and from the payment of the same, or of any part thereof, and of and from all such distresses, los­ses and damages as the said C D his &c. either in body or in goods shall or may incur or sustain by means, or reason of the non-payment thereof in any manner or wise shall or wil from time to time, and at all times hereafter clearly acquit and dis­charge, or sufficiently save and keep harmless the said C D his &c. goods and chattels against all and every person and per­sons whatsoever.

In Witnesse, &c.

A Lease of a House and Goods, Indenture. with di­vers necessary and special Cove­nants therein contained.

THis INDENTƲRE made, &c. between, &c Witnesseth, That the said A B for and in consideration of the Rent, Covenant, Articles and Agreements hereun­der in these presents mentioned on the part and behalfe of the said C C. his &c. well and truly to be paid, performed and kept according to the purport and true meaning of these presents, Hath Demised, Demise of the House and Goods. &c. unto the said C D. all that Messuage or Tenement, with the appurtenances lying [Page 316]and being in, &c. and all Houses, Orchards, Gardens, Yards, Washing-houses and Well springs thereunto belonging, as the same do lye jointly inclosed, walled and pailed in such and so ample manner and form as the same now is in the tenure or occupation of the said C D, and all lights, case­ments and commodities to the same Messuage or Tene­ment, and premisses belonging or appertaining, together with all such goods, and implements of houshold stuffe as are specified and expressed in a Schedule or Inventory inden­ted to these presents annexed, all which premisses are boun­den East and South upon a Meadow close, now, or late in the tenure or occupation of R W, and West upon the North­end of, &c. and North upon the Lands of T B. To have and to hold, Covenant for reparations. &c. yeilding and paying therefore yearly, &c. And the said C D. for himself, his &c. Covenanteth, &c. to and with the said A B his, &c. and to and with every of them by these presents, in manner and form following; viz. That he the said C D his, &c. or some of them, shall and will at his and their, or some of their own proper costs and char­ges from time to time, so often and when as need shall be or require during the said term of, &c. hereby granted, or within the time and space of, &c. next after notice or war­ning shall be therefore given or left, as hereafter is men­tioned, well and sufficiently repair, uphold, maintain, amend and keep the said Messuage or Tenement, and all other the premisses above mentioned to be hereby demised, in, by and with all manner of needful and necessary reparations and amendments whatsoever. And the same premisses, together with all the said goods, implements and houshold stuffe, mentioned in the said schedule hereunto annexed, so well and sufficiently repaired, upholden, amended and kept, shall in the end of the said term, or other sooner determination, surrender or forfeiture of this present Lease, peaceably and quietly leave and yeild up unto the said A B his, &c. And the said C D &c. covenanteth, To view. &c. to and with the said A B his &c. that it shall and may be lawful as well to and for the said A B his &c. as all others the Grantors or Leasors of the premisses, their, &c. or any of them, with [Page 317]their or any of their Servants, Deputies or Workmen, in their or any of their company or companies, four times in every year yearly, during the said term, into the said demised premisses, and into every or any part and parcel thereof, to enter, and then and there to view, search and oversee what needful reparations are then and there to be done; and upon every default found, to give warning unto the said C D his &c. to repair and amend the same within, &c. al­wayes next ensuing every such warning to be given: Within which time and space of, &c. the said C D for himself, his &c. doth covenant and grant to repair and amend the same accordingly. And the said C D, &c. Covenanteth, &c. by these presents to and with the said A B his, &c. that if at any time hereafter during the said term of yeares hereby granted, Covenant, that if the Landlord be minded to surrender his Lease to the intent to take a new Lease, then the Te­nant shall sur­render his. the said A B his &c. shall be minded to surrender his said Lease and estate which the said A B now hath of and in the premisses, to the intent to take a new Lease of the same premisses, and shall thereof give or leave notice at the above demised premisses, to or for the said C D his, &c. by writing under the hand of the said A B his, &c. That then within one month next after such notice given, the said C D his, &c. shall likewise surrender unto the said A B his, &c. this present Indenture of Lease, and his estate and term of years then to come, by vertue of these presents: So that the said A B his, &c. upon such surrender hereof made, do give reasonable and sufficient security unto the said C D his, &c. (requiring the same) that the said C D his, &c. paying the said yearly rent aforesaid in manner and form as is herein above reserved, and performing the other Cove­nants herein mentioned on his or their parts to be pefor­med, according to the true meaning of these presents, shall or may neverthelesse peaceably and quietly have, hold and enjoy the said demised premisses, and every part and parcel thereof, untill he the said A B his, &c. shall have made and re-granted a new Lease of the same premisses hereby mentioned to be demised, and which shall be so sur­rendred for such and so many yeers of the said term of, &c. hereby granted, as according to the tenor and true meaning of [Page 318]this Indenture shall then appear to be to come, and not expi­red; and for and under such rents, covenants and conditi­ons, and in such manner and form, as in these present Inden­tures are contained and mentioned. And also that he the said A B his &c. shall and will at his and their own char­ges, within, &c. after such surrender to be made by the said C D his &c. make, feal and deliver unto him or them, such a sufficient new Lease as herein last before mentioned is spe­cified and expressed. Proviso, that if he refuse to do it, then he to re-enter. Provided alwayes, that if the said C D his &c. shall refuse to surrender this present Lease upon request or notice given, as aforesaid: That then and from thenceforth this present demise and Lease of the premisses shall cease, determine and be utterly void to all intents and purposes in the Law whatsoever, any thing, &c. notwith­standing. Proviso, that if C.D. dislike to hold the pre­misses, and give thereof one quarters warning, then this Lease to be voyd. Provided furthermore, that if it shall happen the said C D his &c. or any of them, at any time hereafter, during the said term of &c. to dislike to have and hold the said Messuage or Tenement, and other the premisses before demised, or mentioned to be demised, unto the full end of the said term of &c. for and by the payment of the said yearly rent of &c. before reserved, as aforesaid: And of such his or their dislike, do and shall give unto the said A B his &c. notice or knowledge on the 24 day of december, 24 day of March, 23 day of June, or 28 of September, at any time, or in any year during the said term by these presents granted, at the now dwelling house of the said A B situate and being in, &c. and do and shall from time to time, after notice or knowledge given of such dislike, as aforesaid, per­mit and suffer the said A B his, &c. and all and every such person and persons that will offer to take the said Messuage or Tenement, and other the premisses hereby demised, or a­ny part thereof, to enter and come into the said Messuage or Tenement, and every part thereof, to view and see the same. And also, if the said C D his &c. do or shall in the end of the said one quarter of a year above limited for warning to be given as aforesaid, pay or cause to be paid unto the said A B his &c. such sum or sums of money as shall be then due for rent of the premisses hereby demised for the said [Page 319]quarter of a year then to be expired: And do then also pearceably and quietly leave, surrender and yeild up unto the said A B his &c. this present Indenture of Lease, and the premisses hereby demised, well and sufficiently repaired, glazed and amended; and all the said goods, implements and houshold stuff in the said schedule mentioned (in as good state and condition as the same now be, reasonable use and wearing in the mean time only excepted.) That then from and after one quarter of a year next after notice or warning given of such dislike, as aforesaid; this present De­mise, Lease nd Grant for all the residue of the said term of &c. then to come, and the said rent of, &c. hereby reserved from thenceforth to be payable, shall cease, be void, and no longer endure or continue, this Indenture, &c. notwith­standing. And likwise, the said C D &c. covenanteth, A Covenant, that it shall be lawful for A. B. to have liberty to improve the, water. &c, to and with the said A B his, &c. in forme follow­ing; viz. that it shall and may be lawful to and for the said A B his, &c. at all times hereafter, and from time to time, during and until the Feast day of, &c. to have free li­berty of ingresse, egresse, regresse, way and quiet passage for him the said A B, his Executors, Servants, Workmen, and Assignes, to passe, go and come to or from the water or Well-spring, lying and being in the Yard or Orchard here­by demised, there to do and execute all and every such acts and things as the said A B his &c. shall think good to have done and executed, and which may be and redound to the commodity and benefit of the said A B his &c. And that if the said A B his &c. Servants or assignes, before the Feast day of, &c. do any act or thing whereby, or by means whereof, any profit, gain or commodity may or shal be raised or had out of or by the said Well-spring above mentioned; That then he the said A B, his Executors, Ad­ministrators, Servants and Assigns, and every of them, shall and may at all times convenient, and from time to time, du­ring the term of years hereby demised, have free liberty of ingresse, egresse, regresse, way and passage with his or their horses, carts and carriage, to go and come unto and from the same Well-spring and water, by and through the yard [Page 320]above demised, to fetch and carry away water from the same, without any let or contradiction of the said C D his &c. or of or by any other person or persons by his or their means, assent, or procurement; so alwayes, that there be water sufficient reserved for the necessary use and spending of the said C D his &c. in and about the said demised premisses. And the said A B &c. Covenant for peaceable en­joying. Covenanteth, &c. to and with the said C D his &c. by these presents, in manner and forme following; viz. That he the said C his, &c. and every of them, paying the said yearly rent of, &c. hereby reserved in form aforesaid to be paid, and under and according to the Covenants, grants, conditions and agreements herein con­tained on his and their part and behalf to be paid, done and performed, shall or may peaceably and quietly have, hold, occupy, possesse and enjoy all the said Messuage or Tenement, and premisses, with the appurtenances hereby demi­sed, and every part thereof, for and during all the said term of, &c. in and by these presents limited or granted, without any let, trouble, denial, eviction, disturbance or interrupti­on of or by him the said A. B his &c. or of or by any o­ther person or persons lawfully claiming, or which at any time hereafter shall pretend, claim, challenge or demand any estate, right, title or interest of, in or to the said premis­ses, or any part thereof, by, from or under him, or them, or any of them; or by, through, or under his or their or any of their act, means, right, title, forfeiture or procurement. And also that he the said A B his &c. And that A.B shall discharge the rent to the Incad Landlord. shall and will year­ly, every year during the said term of, &c. hereby granted, truly pay or cause to be paid unto T G of &c. his Heirs and Assignes, all such rent and other summe and summes of mo­ney as is reserved and mentioned in and by the original In­denture of Lease; whereby, or by means whereof (and of other mean conveyances thereupon made and passed) the said A B holdeth the premisses hereby demised (amongst other things;) and thereof, and of every part thereof, and of and from the payment of the same, or of any part thereof, and of and from all such distresses, costs, charges, losses or damages as the said C D his &c. either in body [Page 321]or goods, shall or may incurre or sustain by means or reason thereof, in any manner of wise, shall and will from time to time, and at all times, clearly acquit and discharge, or sufficiently save and keep harmlesse the said C D his, &c. and goods and chattels, as well against the said G T his Heirs and Assigns; as also against all and every other per­son and persons whatsoever. Covenant, that if A. B. do get a new Lease, then he is to make C. D. a Lease for 21. years And further, the said A B for himself, his, &c. doth Covenant, &c. to and with the said C D his, &c. That if he the said A B his, &c. do or shall at any time or times hereafter, during the term of years hereby granted, procure, obtain or get a new Lease of the same premises hereby demised, for any longer term of years then he now hath of and in the same: That then he the said A B his &c. shall and will within one moneth next after such surrender to be made of this present Lease, make, seal and deliver unto the said C D his, &c. (requiring the same) a new Lease of the same premises hereby demised, for the term of, &c. over and besides the residue and re­mainder which shall be then to come, and not expired, of the said term of, &c. hereby granted; and for and under such rent, convenants and conditions, as in these present In­dentures are mentioned and expressed. If there be any profit got by the Well, then C. D. is to have half, paying half charges. And also, if the said A B his, &c. do or shall on or before the said Feast of, &c. do nay act or thing, whereby, or by means whereof, any profit, gain or commodity shall or may be raised, had or gotten out of or by means of the said Well-spring above mentioned: That then he the said A B his, &c. shall per­mit and suffer the said C D his, &c. to have, receive and take the one half of all such benefit, profit, gain or advan­tage that shall arise, come or grow by reason or means of the same water or Well-spring so to be improved, as afore­said, from time to time, during all the remainder of years, and other time which shall be then to come and unexpired of the said term of, &c. hereby granted: He the said C D. his, &c. allowing and paying unto the said A B his, &c. the one moity or half part of all such charges and expences, as shall be then disbursed and laid forth, and which at all time and times then afterwards shall be disbursed and laid forth [Page 322]by the said A. B. his, &c. about or by reason of the same Well-spring and water in any manner of wise. Proviso for non-payment, to re-enter. Provided also, that if it shall happen the said yearly rent of, &c. to be behind, unpaid, in part or in all, contrary to the forme above limited for payment thereof (the same being lawful­ly demanded at the above demised premises) Or it the said C. D. his, &c. do not or shall not at all and every time and times hereafter, during the term of years hereby granted, well and truly observe, perform, fulfill and keep all and e­very the Covenants, grants, articles, provisoes, conditions and agreements in these presents contained on his and their parts and behalfs to be observed, performed, fulfilled, and kept, according to the tenour and true meaning of these presents: That then and from thenceforth, in any such case or cases, it shall and may be lawfull unto and for the said A. B. his, &c. or any of them, into the said demised premises, and into every or any part or parcel thereof, in the name of the whole wholly to re-enter, and the same to have again, retain, enjoy and re-possesse, as in his or their first and for­mer estate or estates. And the said C. D. his, &c. and all others occupiers or possessors of the said demised premises, or of any part thereof, there-out and from thence utterly to expell, put out and amove; This present Indenture, or any thing herein contained to the contrary thereof, in any wise notwithstanding.