A deed for the revoking of a bargain and sale, if so much money be paid.
THis Indenture made, &c. between Sir I. S. of, &c. of the one part, and I. C. &c. of the other part, whereas the said I. C. by his deed indented, under his hand and seal, bearing date, &c. for the consideration therein mentioned, did alien, bargain, sell, enfeoffe and confirm unto the said Sr. I. S. and his heirs, All that the Mannor and Lordship of G. in the County of, &c. with all the rights, members and appurtenances thereunto belonging, together with all such other things as in the said deed are expressed and contained, as thereby doth and may more fully appear: Now witnesseth, this present Indenture, and the said Sir I. S. for himself, his Executors, Administrators and Assigns, and for every of them, doth Covenant, promise and grant, to and with the sald I. C. his Heirs, Executors, Administrators and Assigns, and every of them, by these presents, that if the said I. C. his Heirs, Executors, &c. shall pay, &c. unto the said Sir I. S. &c. the summe of, &c. that then the said deed of bargain and sale, shall be void, frustrate, and of none effect or force in the law, to all intents and purposes. And that then also the said Sir I. S. his Executors, &c. immediately [Page 2] after the payment of the said sum of 2392 l to the said Sir I. S. his, &c. at the day and place aforesaid, upon request to them or any of them made, shall and will re-deliver the said I. C, his Executors, Administrators or Assigns, the said Indenture of bargain and sale, and the counterpart of this Indenture, and one Recognizance in the nature of a statute staple, of the sum of 4000 l wherein the said I. C standeth bounden unto the said Sir I. S. and all such deeds, evidences and writings concerning the said mannours and premisses, which the said Sir I. S. or any other to his use, or by his appointment, shall have then had and received of and from the said I. C. or of any other whatsoever, safe undefaced and uncancelled, and in as good plight as he or any other to his use, or by his appointment, shall have received the same, and that then also the said Sir I. S. his Heirs, &c. or some or one of them, shall and will upon reasonable request made, and at the proper costs and charges in the law of the said I. C. his Heirs and Assigns, grant, release, and assign over the said deed or Indenture of bargain and sale; and all his, their, and every of their rights, estates and interests therein, unto the said I. C. his Heirs, Executors and Assigns, freed and discharged of and from all, and all manner of charges, incumbrances and demands whatsoever, had, made, committed, done or willingly suffered by the said Sir I. S. his Heirs, Executors, &c. or any of them, in such manner and sort, as by the said I. C. his Heirs or Assigns, or his or their Councel learned in the Law, shall be reasonably devised or advised and required, so as he nor they be not compelled to travel further then the places of their abode, for the effecting [Page 3] thereof: and further, it is the true intent and meaning of these presents, and the parties hereunto, and the true intent, meaning and agreement of the said former In [...]ure of bargain and sale, that it shall and may be lawfull, to and for the said I. C. his Heirs, Executors, Administrators and Assigns, to have, hold and enjoy, the said mannours and premisses, with their appurtenances, and to perceive, receive, and take the rents, issues, revenues and profits thereof, to his and their own use and uses, from time to time, and at all times hereafter, untill default be made of payment of the said sum of 2392 l before mentioned, or of any part thereof, at the day and place before mentioned, limitted and appointed for the payment thereof, and during such time, and untill such default be made, he the said I. C. for him, his Heirs, Executors, Administrators and Assigns, doth covenant, grant and agree, to and with the said Sir I. S. his Heirs, Executors, Administrators and Assigns, that he the said I. C. his Heirs, Executors, Administrators or Assigns, will not do, commit, or willingly suffer any manner of wast, spoil or destruction, of and in the premisses, or any part thereof, otherwise then for the necessary repair, building, or re-edifying of any messuage, house or building upon any the messuages, houses or edifices before specified, And the said I. C. &c. covenanteth, &c. that if he the said I. C. his Heirs &c. do not well and truly pay unto the said Sir I. S. his Heirs, &c. the said sum of 2392 l before mentioned, to be paid, at the day and place of payment aforesaid, according to the true intent and meaning of these presents, that then he the said I. C. his Heirs and Assigns, shall and will [Page 4] within twenty daies next after default of payment of the said sum of two thousand, three hundred ninety two pound before mentioned, to be paid, deliver, or cause to be delivered up unto the said Sir J. S. his heirs, and assigns, the full quiet and peaceable possession of the said Mannor or Lordship of S. and premisses with the appurtenances, to the use and behoof of the said Sir J. S. and of his heires and assignes for ever.
A Deed of Covenants to declare the trusts in a former Bargain and Sale; the Lands being to be sold for payment of Debts.
THis Indenture made &c. Between &c. wheras the said J. C. by his Indenture bearing date with these presents, made between him the said J. C. of the one part, and the said A. B. C. D: E. F. and G. H. of the other part; for the consideration therein mentioned, hath granted, bargained and sold unto the said A. B. C. D. E. F. and G. H. their heirs and assigns for ever, All that Capital Messuage or Tenement &c. as in the other book to the end of the Habend: As in and by the said Indenture of bargain and sale more at large appeareth. Now this Indenture witnesseth and it is hereby agreed and declared by and between all the parties to these presents, that the said grant, bargain and sale was and is made and the said A. B. C. D. E. F. and G. H. and their heirs are and shall stand trusted with the premisses, to the intent and purpose and upon trust and confidence that the said land and premises may [Page 5] be sold to the best value that may be and the money which shall be raised thereby to be disposed of for and towards the payment and satisfaction of such debts of the said I. C. as are mentioned in the schedules hereunto annexed, in such order as they are therin set down.
And lastly, It is agreed by and between all the parties to these presents and by them declared to be their true intent and meaning, That if in case there be any overplus remaining of the money which shall be raised by sale of the said lands and premisses after, such time as the debts mentioned in the said schedule be paid and discharged, That then such overplus shall be imployed and disposed of for and towards the satisfaction of such other debts as the said J. C. shall by any writing to be by him signed and sealed in the presence of two or more witnesses declare and appoint, and no otherwise.
A Release for money that was left in the hands of a purchaser on paymint thereof.
THis Indenture made &c. Between R. L. of S. in the County of C. Gent. and J. C. of the Inner Temple L. Esq of the one part, and T. G. Esq of the City of L. of the other part. Wheras Upon a purchase lately made by the said T. G. of and from the said R. L. J. C. and S. his wife, daughter of the said R. L. of certain lands in C. in the County of O. the sum of 628. l part of the purchase money payable by the said T. G. to the said R. L. was by agreement between them to remain in the hands of the said T. G. for [Page 6] such time, and upon such conditions, and to such intents and purposes, as F. H. of and in the County of D. should set down and appoint, which sum of 628 l was intended to remain as a security for the said T. G. against all incumbrances whereby the said lands are or may be charged, and for saving him harmless from all damages whatsoever, which may, or might at any time hereafter happen to fall upon the said T. G. his Heirs or Assigns, or upon any of the said lands and premisses, or any other the lands of the said T. G. for or by reason of any the debts of the said I. C. and W. C. his deceased father, or either of them; and whereas the said T. G. at the time of the ensealing of these presents, at the request of the said R. L. hath paid the said sum of 628 l to the said I. C. and R. L. or one of them, or to such as were appointed, by them, or one of them, to receive the same. Now that the said R. L. and I. C. have received the said sum of 628 l of and from the said T.G. the receipt whereof they do hereby acknowledge, and that the same is the last payment, and in full satisfaction of and for all the Lands, Tenements and Hereditaments which the said I. C. had in the County of O. and which the said T. G. purchased, and thereof and of every part and parcel thereof, they do clearly and absolutely acquit and discharge the said T. G. his Heirs, Executors and Administrators, for ever by these presents: And in consideration of the premisses, the said R. L. and I. C. do for themselves jointly, and either of them for himself severally doth, covenant, promise and grant, to and with the said T. G. his Heirs, Executors, and Assigns, that they the said R. L. and I. C. shall and will from time to time, and at all times [Page 7] hereafter save, defend and keep harmless the said T. G. his Heirs, Executors and Assigns, and also all the said lands and premisses, in C. aforesaid, or elsewhere in the said County of O. so purchased by him the said T. G. and all other his Lands, Tenements, Goods and Chattels, of and from al loss and damage whatsoever, which shall happen, arise or befall for or in respect of any the debts of the said W. C. and I. C. or of either of them: In witness, &c.
A proviso to be inserted in a lease, or a power of Revocation reserved.
PRovided always, that if the said, &c. his, Executor Administrators or any of them, shall at any time hereafter pay or tender unto the said W. W. his Executors: &c. or to any other person or persons whatsoever, to and for the use of the said W. W. his, &c. the sum of 12 l of lawfull money of England, to the intent to make void this present lease and demise, and shall express and declare such his, her or their intention, either by word, or writing, that then and from thenceforth this present lease and demise shall cease and be void: In witness, &c.
A presentation of a Minister to a living according to the form now used.
TO all Christian people to whom this present writing shall come, we A. B. and C. D. the true and undoubted patrons of the vicaridge or parish Church of C. in the County of S. send [Page 8] greeting, forasmuch as the said vicaridge or parish Church is lately by the death of E. F. the late imcumbent, there become void, and in our full right of presentation, we do therefore hereby present you G. H. Clerk, Mr. of Arts, unto the Church of C. aforesaid, and to the vicaridge thereof, to have, hold and enjoy the same, with all and every the rights, members and appurtenances thereunto belonging, according to severall former and late acts of Parliament in this case provided; doing and performing the duties of a Pastor belonging to the said Church: In witness whereof we have hereunto subscribed our names, and set our seal this [...] day of [...] in the year of our Lord God, one thousand six hundred and fifty two.
A Lease of a Parsonage impropriate for three lives, upon surrender of a former Lease with extraordinary Covenants, and a letter of Atturney to deliver possession, together with the execution thereof endorsed.
THis Indenture made the 5th day of March, in the year of our Lord God 1651. Between R. S. of the City of Oxford Gent. of the one part, and W. P. of London Esq, of the other part witnesseth, that the said W. S. for divers good causes and considerations, him hereunto moving, & especially in consideration of a surrender made to the said W. G. of a lease now in being for three lives, bearing date the 28. of March, in the 6th year of the reign of the late King Charles, made by I.S. [Page 9] father of the said W. S. party to these presents, deceased to Sir H. M. deceased of the Parsonage of Bray, & other things hereafter in these presents mentioned, hath demised, granted and to farmlet, and set to the said W. P. the scite of the Parsonage of Bray in the County of B. and all the houses upon the said scite builded, arrable Lands, Meadows, Leasows and Pastures, Demesnes as well in severall as in Common to the said Parsonage belonging, and all the Rents of all the Tenants of the said W. S. as well freeholders as Customary Tenants, and all the Tithings of Corn and [...]ay to the said Parsonage belonging, with all other the profits and commodities to the said Parsonage belonging or appertaining, except and to the said W. S and his Heirs and Assigns, alwayes reserved all wards, marriages, reliefs, escheats, fines, heriots, amerciaments, woods and underwoods, and the Advowson of the parish Church of Bray, when and as oft as it shall be void. To have and to hold, the said scite of the Parsonage aforesaid and all the said Houses, Lands, Meadows, Leasow', Pastures, Tiths and other the premisses, with alls and singular the commodities and profits thereo belonging, with their appurtenances (except before excepted) to the said W. P. his Executors, Administrators and Assigns, for and during the lives of the said W. P. and M. P. his wife, and T. P. son of the laid W. P. and for and during the natural life of the longer liver of them, or any of them, yielding and paying therfore yearly, during the said Term, unto the said W. S. his Heirs and Assigns, four pounds of good and lawfull money of England, at four Feasts or Terms of the year, That is to say, at the Feast of Saint Thomas the Apostle, the annunciation, [Page 10] of the blessed Lady Saint Mary the Virgin, the Nativity of Saint John the Baptist, and St. Michael the Archangel, by even and equal portions, and if it happen the said yearly rent of four pounds or any part or parcel thereof, to be behind and unpaid, after any of the said Feasts above limitted for payment thereof, during the said Term, by the space of one moneth, that then it shall be lawful to & for the said W. S. his Heirs and Assigns into the said scite, and all other the premisses to enter and distrein, and the distresses there taken to lead, drive and carry away, and to detain the same till the said Rent, and the arrerages thereof (if any shall be) they shall be fully satisfied and contented, and if the same rent or any part or parcel thereof, be behind and unpaid after any of the Feasts above limitted, for payment thereof, by the space of one quarter of a year, or if it happen the said W. P. or any of his Assigns, to make any wast in the said scite or other of the premisses or any part thereof, except the same be re-edified and builded within one whole year next after notice and warning thereof to them given, that then it shall be lawful to and for the said W. S. his Heirs and Assigns into the said Scite, Lands, Meadows, Leasows, Pastures, Rents, Tithings▪ and all and singular other the premisses, to re-enter, and the same to have again, possess and enjoy, as in his or their former estate, and the said W. P. his Executors and Assigns thereof, and from thence utterly to expel and amove, this Indenture, or any thing herein contained to the contrary notwithstanding. And the said W. P. for himself, his Executors, Administrators and Assigns, doth Covenant and grant, to and with the said W. S. his Heirs and Assigns, that he the [Page 11] said W. P. his Executors, Administrators and Assigns, shall find to the said W. S. and his Heirs, and his and their Deputies and Officers, coming to the said Scite or Parsonage, as well for the Courts and Law-daies, there to be kept as for the survey of the premisses, meat, drink, house-room and beds convenient and necessary for their degrees, and for their horses, hay, litter, and provinder sufficient, at the costs of the said W. P. his executors and Assigns, from time to time during the said term: And that the said W. P. and his Assigns, during the said term, shall yearly find to the Suitors of the Court of Bray, such dinners or repasts as I. P. and other Farmors there have used to do, taking of the said W S. 10 s yearly during the said Term, and that the said W. P. and his Assigns, all the dung upon the said Scite and other the premisses, gathered and hereafter during the said Term, to be gathered, upon the Lands and Demeasnes of the said Parsonage, and in none other place shall lay or spread during the said Term, and also shall leave all the Meadows of the said Parsonage unmowed, with their grass and vesture full growing as in the beginning of the said Term they shall be left to him; and that the said W. P. and his Assigns, the great Barn of the said Parsonage, and all the Houses upon the said Scite builded, and all the hedges, walls, ditches inclosures and other the premisses during the said Term, shall sufficiently repair, maintain, scour and keep at their onely costs and expences, and so in the end of the said Term, shall leave them (the said W. P. and his Assigns, taking sufficient great Timber for the same in Grounds of the said W. S. at Bray aforesaid, and the said W. P. Covenanteth and granteth by [Page 12] these presents, for him, his Executors and Assigns, that he or one of his Assigns, shall be continually dwelling upon the said Scite with all their houshold, or else shall appoint a convenient Tenant or Under tenant, to dwell and abide thereupon by themselves and all their houshold, during the said term And the said W. S. hath constituted, ordained and appointed, and by these presents, doth constitute, ordain and appoint H. W. to be his true and lawful Atturney, for him and in his name and stead, to enter into the said Scite, Parsonage and other the premisses, or into some part thereof, in the name of the whole, and possession of the same to take, & after to deliver seisin of all the said premisses, or of some part thereof, in the name of the whole, unto the said W. P. or to his Atturney, lawfully authorized to receive the same, To have and to hold, to him the said W. P. his Executors, Administrators and Assigns, for and during the lives of the above named W. P. M. P. and T. P. and the life of the longer liver of them, according to the purport, effect and true meaning of this Indenture. In witness whereof the said parties to these presents, their hands and seals enterchangeably have set the day and year first above written.
The execution of the Letter of Atturney, for possession endorsed on the back of the Lease aforesaid.
MEmorandum, that the [...] day of [...] in the year of our Lord God, &c. the within named H. W. according to the power and authority to him given by the within named W. S. did [Page 13] enter into the Parsonage-house of Bray, in the County of B. in the name of the whole rectory and premisses within mentioned to be demised, and did deliver possession and seisin thereof unto the within named P. W. To have and to hold, according to the purport and effect of the deed within written, in the presence of, &c.
A Lease for a yeare.
THis Indenture made the, &c. day of, &c. in the yeare of our Lord God according to the accompt used in England 1658 between W. S. the Elder of, &c. in the County of, &c. Esq and Doctor in Divinity of the one part, and S. M. and C. D. of, &c. in the County of, &c. Gent. of the other part, Witnesseth, that the said S. W. for, and in consideration of the summe of five shillings of lawful money of England to him in hand paid by the said S. M. and C. D. whereof he doth hereby acknowledge the receit, hath bargained and sold, and doth by these presents bargain and sell unto the said S. M. and C. D. their executors, administrators and assignes, all the lands, tenements and hereditaments with their and every of their appurtenances, commonly called or known by the names of, &c. (containing by estimation six hundred and thirty acres, be the same more or lesse, scituate, lying and being in the Towns, Parishes, Villages and Hamlets of G. and S. in the said County of, &c. or one of them; together with all other lands, tenements and hereditaments, heretofore of Sir S. W. deceased, and now or late of the said S. W. that are scituate, lying and being in the Towns, Villages and Hamlets of M. [Page 14] and T. aforesaid or either of them) and also the reversion and reversions, remainder and remainders thereof, to have and to hold the said lands, tenements, hereditaments and Premisses; with the appurtenances unto the said S. M. and C. D. their executors, administrators and assignes, from the day next before the date hereof unto the end and term, and for and during the term of one year from thence next ensuing, to the intent, that by vertue thereof and of the statute for transferring uses into possession, the said S. M. and C. D. may be in the actual possession of the said lands, tenements and premisses, and be enabled to take and accept of a grant and release of the same premisses to them, their heires and assignes forever. In witnesse, &c.
A release and confirmation of the precedent lands.
THis Indenture made the, &c. day of, &c. in the year of our Lord God according to the account used in England 1658. Between W. S. of, &c. in the County of, &c. Esq and Doctor in Divinity of the one part, and S. M. and C. D. of, &c. in the County of, &c. Gent. of the other part. Whereas the said S. W. by Indenture bearing date the, &c. day of this instant moneth of, &c. for the consideration therein expressed, did bargain and sell unto the said S. M. and C. D. all those lands, tenements and hereditaments, with their and every of their appurtenances, commonly called or known by the name of, &c. (containing by estimation six hundred and thirty acres, be the same more or lesse, scituate, lying and being in the Towns, Villages [Page 15] and Hamlets of T. and M. in the said County of, &c. or one of them, together with all other lands, tenements and hereditaments heretofore of Sir S. W. deceased, and now or late of the said S. W. that are scituate, lying and being in the Towns, Villages and Hamlets of G. and S. aforesaid or either of them) and also the reversion and reversions, remainder and remainders of the said lands, tenements and premises and every part thereof: To have and to hold the said lands, tenements and premises, with the appurtenances unto the said S. M. and C. D. their executors, administrators and assignes, from the day next before the date of the said recited Indenture, unto the end and term of one year from thence next following; To the intent, that by vertue thereof and of the statute for transferring uses into possession, the said S. M. and C. D. might be in the actual possession of the said lands, tenements and premises, and be enabled to accept of, and take a grant and release of the reversion and inheritance thereof to them and their heires, to the use of them, their heires and assignes for ever, as by the said recited Indenture more at large appeareth. Now this Indenture witnesseth, tha [...] the said S. W. as well for and in consideration of the summe of, &c. of lawful money of England paid, and secured to be paid by the said S. M. and C. D. to several persons by the direction and appointment of the said S. W. and for some of his debts, wherewith the said lands and premises stood charged and lyable; That is to say, three thousand pounds, part thereof to F. R. Esq and C. I. Citizen and Mercer of London, in satisfaction and discharge of the money due to them, by and upon a grant and conveyance thereof [Page 16] heretofore made of the said lands and premisses by the said S. W. and B. I. Esq to the said F. R. and C. I. and their heires and, &c. residue of the said summe of, &c. To Sir C. C. and Sir P. E. in satisfaction and discharge of their right and estate which they had, of, and in the premises by a grant and conveyance of the said S. W. before this time made to them and their heirs; As also in consideration of a competent summe of money by the said S. M. and C. D. to the said S. W. in hand paid, whereof he doth hereby acknowledge the receit, hath granted, remised, released and confirmed, and doth by these presents grant, remise, release and confirme unto the said S. M. and C. D. in their actual possession now being (by vertue of the said recited Indenture of bargain and sale made to them of a year and of the said statute) and to their heires and assigns, The aforesaid lands, tenements, hereditaments and premisses with the appurtenances; and all the estate, right, title, interest, claime and demand whatsoever of the said S. W. of, in, and to the same and every part thereof; and the reversion and reversions, remainder and remainders thereof, and of every part thereof; To have and to hold the said lands, tenements, hereditaments and premises, with the appurtenances unto the said S. M. and C. D. their heires and assignes for ever, to the only use and behoof of the said S. M. and C. D. their heires and assignes for ever. And the said S. W. for himselfe, his heires, executors, administrators and assignes, doth covenant and grant, to and with the said S. M. and C. D. their heires and assignes by these presents in manner and forme following; that is to say, that the said S. M. and C. D. their heires and assigns, [Page 17] shall and may from time to time, and at all times for ever hereafter peaceably and quietly have, hold and enjoy the aforesaid lands, tenements and premises, with the appurtenances before herein mentioned to be granted, without any let, trouble, molestation or interruption of the said S. W. or of his heires or of any other person or persons whatsoever having or lawfully claiming to have any estate, right, title, interest, terme, claime or demand, of, in, and to the same and every or any part thereof, and that freed, acquitted and discharged, or well and sufficiently saved and kept harmlesse by the said S. W. his heires, executors, administrators and assignes, of, and from all former and other grants, bargains, sales, feoffments, mortgages, joyntures, dowers, leases, estates, statutes Merchant, and of the staple, recognizances, judgements, executions, post fines, issues, amerciaments, rents-charge and seck, all arrerages of rents, and of, and from all other titles, troubles, charges and incumbrances whatsoever, had, made, committed, suffered or done by the said S. W. or by any other person or persons whatsoever (except one conditional grant of the premises heretofore made by the said W. S. and B. I. Esq to F. R. Esq and C. I. Citizen and Grocer of London, their heires and assignes, by way of Mortgage for security for payment of a summe of money therein mentioned. And also that the said S. W. Sir C. G. and Dame E. his wife, and S. W. Esq and C. his wife, the said C. and E. being sisters and co-heires of S. C. Esq deceased, their heires and assignes, and all and every other person and persons, having or lawfully claiming to have any estate, right, title, interest, claime or demand, of, in, or to the said [Page 18] lands, tenements and premisses hereby granted, or any part thereof shall and will from time to time, and at all times hereafter at the reasonable request, and at the costs and charges in the law of the said S. M. and C. D. their heires or assignes, make, do, acknowledge, levy, suffer and execute, and cause and suffer to be made, done, acknowledged, levyed, suffered and executed all and every such other and further acts, things, devises and assurances in the law whatsoever of the said lands, tenements and premisses before herein mentioned, to be granted with the appurtenances unto the said S. M. and C. D. their heires and assignes, be it by fine, feeoffment, deed or deeds, enrolled or not enrolled, recovery with voucher or vouchers over release and confirmation, or by all or any of them, or by any other reasonable assurance in the law, as by the counsel learned in the law of the said M. S. and C. D. their heires or assignes shall be reasonably devised or advised and required, the which said further assurance and assurances so to be had and made shall be and shall enure, to the only use and behoof of the said S. M. and C. D. their heires and assignes for ever, and to no other use or uses, intents or purposes whatsoever. In witnesse whereof the said parties to these presents, their hands and seals interchangeably have set the day and year first above written.
Note, that this conveyance of lease and release is much in use, and works without the formal act of livery and seisin.
Note also, that if you leave out the recital in the release, and put in the word enfeeoffee in the grant, then the release works alone without the lease with livery.
A release from an executor to two creditors of the testator of all debts.
BE it known unto all men by these presents, That I C. E. Citizen and Mercer of, &c. executor of the last will and testament of E. G. late Citizen and Haberdasher of, &c. deceased, have remised and released, and by these presents for me, my heires, executors and administrators, do remise, release, and for ever quit claime unto C. R. of, &c. in the Province of, &c. in the parts beyond the seas Haberdasher, and C. I. of, &c. Gent. and unto either of them all and all manner of actions, suits, debts, debates, accompts, reckonings, bills, bonds, writings obligatory, covenants, judgements, extents, executions, claimes, duties and all other demands whatsoever, which of or against the said C. R. and C. I. or either of them their or either of their heires, executors or administrators, or any of them ever I have had, now have or hereafter shall, or may have by force and vertue of the execution of the last will and testament aforesaid, or by reason, force, colour or means of any other act, matter, cause, deed or thing whatsoever it be from the beginning of the world untill the day of the date of these presents. In witnesse whereof, I have hereunto set my hand and seal the, &c. day of, &c.
A release with an exception of some bonds, &c.
KNow all men by these presents, that I W. H. Citizen and Merchantaylor of, &c. have remised, released and discharged, and by these [Page 20] presents do for me, my executors and administrators remise, release and discharge unto R. C. of, &c. Barberchirurgion all and all manner of debts, summes of money and demands, bills and bonds whatsoever, between me the said W. H. and the said R. C. for any matter or thing whatsoever before the day of the date hereof, excepting two bills, bearing date the, &c. day of, &c. the one for payment of five pounds on the, &c. day of, &c. next coming, and the other for payment of five pounds on the, &c. day of, &c. now next coming. In witnesse whereof I have hereunto set my hand and seal the, &c. day of, &c.
A release from two partners to two debtors.
KNow all men by these presents, That we P. E. and L. T. Citizens and Merchantaylors of, &c. have remised, released and quit claime, and by these presents for us, our heires, executors and administrators joyntly and severally do remise, release and quit claime unto C. R. of, &c. in the Province of, &c. in the parts beyond the seas Haberdasher, and unto C. H. brother of the said R. and to either of them, all and all manner of actions, suits, debts, bills, bonds, reckonings, accounts, and all other matters, causes, things and demands whatsoever between us the said P. E. and L. T. or either of us, and the said C. R. and C. H. or either of them, for any matter or thing whatsoever at any time or times, before the day of the date of these presents. In witnesse whereof we have hereunto set our hands and seals the, &c. [Page 21] day of, &c. in the year of our Lord God, &c.
A grant of the Stewardship of a Mannor during pleasure.
TO all Christian people to whom this present writing shall come, I P. I. of the Middle Temple London Esq, send greeting in our Lord God everlasting. Know ye that I the said P. I. have given and granted, and by this my present writing, do give and grant unto B. I. of, &c. in the County of, &c. Gent. the office of Steward and Stewardship of all that the Mannor of, &c. and of the hundred of, &c. in the County of, &c. and also the custody and keeping of Courts, Leets and other Courts, of, and within the said Mannor and hundred, together also with all fees and profits thereunto belonging, to have, hold and enjoy the same to him the said B. I. by himselfe or his sufficient deputy, for, and during my will and pleasure. Ia witnesse whereof I the said P. I. have hereunto set my hand and seal, dated the, &c. day of, &c.
An agreement of creditors to take their debts by foure several payments and abate all interest.
WE the creditors of C. H. whose names are hereunder subscribed, are all content, and [Page 22] do every one of us severally and respectively for himselfe agree and promise to take and accept of such principal debts as are due unto us from the said C. H. at such foure dayes of payment as is hereafter mentioned (the said payments to be made by even and equal portions) That is to say, one fourth part of our said several debts on or before the, &c. day of, &c. next coming; one other fourth part thereof on the, &c. day of, &c. now next also ensuing; one other fourth part thereof on the, &c. day of, &c. which shall be in the year of our Lord God, &c. and the residue of our said several debts being the last and fourth part on the, &c. day of, &c. which shall be in the year of our Lord God, &c. in full payment and satisfaction of our said debts: and upon the said C. H. making the first payment, and giving us respectively his bonds or bills for the three last payments according to this agreement, we will deliver up our old securities and discharge him thereof. Witnesse our hands the, &c. day of, &c.
A Lease of a side of a Shop and other conveniencies, with a grant of goods and wares according to a schedule annexed.
THis Indenture made the, &c. day of, &c. Between E. H. Citizen and Stationer of, &c. on the one part, and H. T. of the same City Stationer on the other part: Witnesseth that the said E. H. for and in consideration of the yearly rent hereafter in and by these presents reserved to be paid, hath demised, granted and to farm letten, and by these presents doth demise, grant and to farm let unto the said H. T. all that part [Page 23] of the Shop now in the occupation of the said E. H. being the West side of the same Shop, and also the ware-house at the end of the same Shop, which said ware-house abutteth apon the South end of that part of the said Shop which now is in the occupation of A. R. as the same demised part of the said Shop, and also the said demised ware-house now are in the occupation of him the said E. H. and parcel of his dwelling-house, called or known by the name or signe of the, &c. in, &c. scituate in the Parish of, &c. And the said E. H. for the consideration aforesaid, doth further grant unto the said H. T. free liberty and passage from and out of the said Shop into the yard belonging to the said Messuage, in, by, and through the entry there at all seasonable and convenient times to draw and use water at the Cisterne standing in the said yard and for any other conveniency, and also roome in the cellar belonging to the said Messuage, to set Inke in pots or tubs there, and to carry and fetch away the same as occasion shall be from time to time, doing as little harme thereby as may be; To have and to hold the said West side of the said Shop, and also the said Ware-house with free use of room, liberty and passage as aforesaid unto the said H. T. his executors, administrators and assignes, from the day of the date of these presents unto the full end and term of seaven years from thence next ensuing and fully to be compleat and ended, yeilding and paying therefore yearly during the said term unto the said E. H. his executors, administrators and assignes, the summe of twenty pounds of lawful money of England at the Feasts of, &c. by even and equal portions; and if it shall happen the said yearly rent of twenty [Page 24] pounds to be behind or unpaid in part or in all, by the space of fourteen dayes next after either of the said Feasts, at which the same ought to be paid as aforesaid (being lawfully demanded) That then and from thenceforth, it shall and may be lawful to and for the said E. H. his executors, administrators and assignes into the said demised premisses to reenter, and the same to have again, repossesse and reenjoy, as in his former estate, any thing therein contained to the contrary notwithstanding: And the said E. H. doth hereby covenant and grant, to, and with the said H. T. That he the said E. or any other by his leave, sufferance or title shall not, neither will during the said term, sell or cause, or procure to be sold or vented in the said East side, or part of the said Shop now in the said A. R. his occupation, any wares or commodities whatsoever belonging to the trade of a Stationer, or which the said E. H. usually selleth or hath sold in the said now demised part of the same Shop (excepting all manner of printed books) And the said E. H. for, and in consideration of the summe of one hundred thirty six pounds six shillings and eleven pence of lawful money of England to him in hand paid by the said H. T. before the ensealing and delivery of these presents, whereof he the said E. doth hereby acknowledge the receipt, hath bargained and sold, and by these presents doth bargain, sell, assigne, set over and deliver unto the said H. T. all and singular the compters, shelves, boxes, drawers, goods, chattels and wares of him the said E. H. being and remaining in and about the said demised premisses, and which are mentioned and expressed in a Scedule or Inventary to these presents annexed, to have, hold, enjoy, [Page 25] retaine, keep and dispose of the said compters, shelves, boxes, drawers, goods, chattels and wares and every of them, and every part and parcel of the same unto the said H. T. to the only proper use and behoof of him the said H. his executors and administrators, without any let, denial, molestation or interruption of the said E. H. or of any other by or through his means, consent, title or procurement: And the said H. T. doth hereby covenant and grant, to and with the said E. H. that he the said H. his executors or assignes, shall and will at the end of the said term, leave the said compters, shelves, drawers and boxes in the same places where they now stand, if the said E. will then pay for the same unto the said H. the summe of eight pounds of good and lawful English money. In witnesse whereof the parties first above named, have to these presents interchangeably set their hands and seals the day and year first above written.
A declaration of one, whose name is used in trust in an obligation.
WHereas in and by one obligation bearing date with these presents, G. H. Citizen and Girdler of London, standeth bound to me [...]. K. Citizen and Girdler of London, in the summe of one hundred pounds, conditioned for payment of one and fifty pounds and ten shillings on the, &c. day of, &c. now next ensuing, as thereby appears. Now I the said I. K. do hereby acknowledge and declare, that the moneys lent upon the said obligation, was all the proper moneys of L. M. of London Gent. and that my name is used in the said obligation only in trust and for the benefit [Page 26] of him the said L. M. Witnesse my hand and seal the, &c. day of, &c.
A presentation to a living by one who had the next donation granted to him by the Patron, according to the latest forme.
TO the Right Honourable the Commssioners for approbation of publick Preachers, I A. B. of C. in the County of D. Gent. present to you E. F. Clarke to the Rectory of G. in the said County with all the profits thereunto belonging; By the resignation (or by the death) of H. I. the last Incumbent there being now void, and in my gift by vertue of a gift and grant thereof to me the said A. B. made by K. L. of M. in the said County Esq the true and undoubted Patron of the same Rectory, by a sufficient writing under his hand and seal, bearing date the, &c. day of, &c. last past, by which the said K. L. the first and next advowson, nomination, donation, collation, presentation and free disposition of the aforesaid Rectory, with all its rights, members and appurtenances whatsoever, did to me the said A. B. give and grant, desiring you to admit the said E. F. to the said Church and Rectory, and to institute him Rector there: And likewise to invest him with all the rights, members and appurtenances whatsoever thereunto belonging: and that you fully accomplish and fulfill all other the several acts and things, which your office obligeth you to performe herein. Witnesse my hand and seal the, &c. day of, &c. in the year of our Lord 1658.
A presentation by a Patron of the latest forme
TO the Right Honourable the Commssioners for approbation of publick Preachers, I A. B. of [Page 27] C. in the County of D. Esq the true and undoubted Patron of the Parish Church and Rectory of G. in the County of H. present unto you I. K. Clarke to the said Rectory of G. with all the profits thereunto belonging by the resignation or death (as the case is) of L. M. the last incumbent there being now void, and in my gift desiring you to admit the said I. K. to the said Church and Rectory, and to institute him Rector there; and likewise to invest him with all the rights, members and appurtenances whatsoever thereunto belonging: And that you fully accomplish and fulfill, all other the several acts and things, which your office obligeth you to performe herein. Witnesse my hand and seal the, &c.
A deed of feoffment, with a letter of atturney to give livery and seisin.
TO all to whom these presents shall come, S. W. of, &c. sendeth greeting. Know ye that the said S W for and in consideration of the sum of 5 s of lawful money of England to them in hand paid by S M and C D of, &c. whereof the said S W doth hereby acknowledge the receipt, and of the sum of 5000 l of lawful money paid and secured to be paid unto and for the use of the said S W his executors or assigns, have granted, enfeoffed and confirmed, and do be these presents grant, enfeoff and confirme unto the said S M and C D their heirs and assigns, all those lands, tenements and hereditaments, with their and every of their appurtenances, commonly called or known by the names of R & G containg by estimation 600 aacres, be the same more or lesse, scituate, lying and being in the Towns, Parishes, Villages and Hamlets of T. and M. in the said County of K or one of them, together with all other lands, tenements and hereditaments heretofore of S W [Page 28] deceased, and late of S W and Doct. in Divinity that are scituate, lying and being in the Towns, Villages, and Hamlets of T and M aforesaid, or either of them: and also the reversion and reversions, remainder and remainders of the said lands, tenements and premisses and every part thereof: and also all the estate, right, title, interest, claime and demand whatsoever of the said S W of, in, and to the same and every part thereof, to have and to hold the said lands, tenements, hereditaments and premisses, with the appurtenances unto the said S M and C D their heirs and assigns for ever, to the only use and behoof of them the said S M and C D their heirs and assigns for ever: and the said S W doth by these presents make, constitute, ordain, authorize and appoint F L of, &c. in the said County of, &c. and G M of, &c. in the said County of, &c. their true and lawful atturneys for them, & in their names and stead joyntly or severally to enter into the said lands, tenements & premisses, or into some part thereof in the name of the whole, and possession thereof for them and their names and stead to take, and after such possession so thereof had and taken for them and in their names and stead, to deliver full and peaceable possession and seisin of the said lands, tenements and premisses with the appurtenances, or of some part thereof in the name of the whole to the said S M and C D or one of them, or to their lawful atturney according to the forme of these presents, ratifying and confirming and allowing all and whatsoever their said atturneys or either of them shall do in the premises by vertue of these presents. In witnesse whereof the said S W to these presents his hand and seal hath set the, &c. day of, &c. in the year, &c.
An Indenture to bar an estate-Tail.
THis Indenture made the seventh day of October, in the eleventh year of the Reign of our Sovereign Lord Charles, by the grace of God, of England, Scotland, France and Ireland King defendor of the Faith, &c. Between T. B. of W. in the County of B. Yeoman on the one part, and T. M. of H. in the said County Yeoman, and H. H. of H. aforesaid, in the said County Yeoman, on the other part. Whereas T. B. deceased, Recital of a Will. Grand-father of the said T. B. party to these presents, by his last Will and Testament in writing (amongst other things therein contained, did give and devise unto J. B. also deceased Father of the said T. B. party to these presents, and to the Heirs male of his body with remainders over, all that his Messuage or Tenement with the appurtenances, situate and being in W. in the said County of B. and all that his Close, adjoyning to the said Messuage or Tenement, and all that acre of Meadow-ground called the long Hale, lying in W. Meade, and three yards of Meadow, called the Elboes in the said Parish of W. and half his arrable Land, Leyes and Meadow-ground, lying and being in the Parish and Fields of W. aforesaid, and R. or one of them with their and every of their appurtenances in the said County of B. as by the said last will it doth and may appear, and which premisses do contain a Messuage with the appurtenances, and one Yard-land by estimation be it more or lesse; And whereas the said T. B. the Grandfather, shortly after making the said Will dyed, the said J. B. his son, him surviving, after which time the said J. B. having issue, the said T. B. party to these presents, his eldest Son and Heire male, and the said J. B. being [Page 34] since also dead by and after whose decease the said T. B. party to these presents, now is in actual possession of the said Messuage or Tenement, Closes, Lands, Meadows, and Premisses with the Remainders over as aforesaid. Now this Indenture witnesseth, That the said T. B. party to these presents, To cut off the estate-tail. intending as well to cut off the said estate-tail, and to barre the Remainders thereon depending, and to settle the said Messuage or Tenement, Close, Lands, Meadows, and Premisses to him the said T. B. party to these presents and his heirs, as also to barre all pretences of right that futurely may or can be made unto all and every, or any the said Messuage, Lands, Meadows and premisses so given to the said J. B. his Father, and since come unto him the said T. B. party to these presents, for that purpose, Doth hereby Covenant and Grant for himself, Covenant to levy a Fine. his Heirs, Executors and Administrators, and for every of them, to and with the said T. M. his Heirs and Assigns by these presents, That he the said T. B. shall and will on and before the Feast of St. Andrew the Apostle, now next ensuing the date hereof, in due form of Law, acknowledge and levy one or more Fine or Fines, Sur cognizance de droit come ceo, &c. before his Highnesse Justices of his Highnesse Court of Common-pleas at Westminster, unto the said T. M. of and for the said Messuage or Tenement, Close and all and every the said Meadows, Lands and premisses by the name or names of one Messuage, one Garden, one Orchard, forty acres of Land, six acres of Meadow, six acres of pasture and Common of pasture, for all Cattel with the appurtenances in W. and R. or one of them in the said County of B. or by such other name or names, [Page 35] quantity or number of acres, as to the said T. M. or his Councel learned, shall seem meet and expedient. To the intent that he the said T. M. shall by force thereof, stand and be seized of the Messuage or Tenement, Close, Lands, Meadows, and premisses, untill a good and perfect common recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement, Lands, To suffer a Recovery. Meadows, and premisses according to the course of common recoveries for assurance of Lands and Tenements in such cases used. And it is hereby fully declared and agreed by and between all the parties to these presents, That after the said Fine or Fines so to be levyed of the said Messuage, Lands and premisses as aforesaid, he the said T. M. shall and will permit and suffer him the said H. H. to bring and pursue against him the said T. M. one or more Writ or Writs of Entry sur Disseisin in le post returnable before his Highnesse Justices of his Highnesse said Court of Common-pleas at Westminster, by which he the said H. H. shall demand against him the said T. M. all and every the said Messuage, Lands, Meadows and premisses by the name or names of one Messuage, one Garden, one Orchard, forty acres of Land, six acres of Meadow, six acres of pasture and common of pasture for all Cattel, with the appurtenances in W. and R. or one of them in the said County of B. or by whatsoever other name or names, quantity or number of acres, as to the said H. H. shall seem meet, To which Writ or Writs the said T. M. shall appear Gratis, and shall enter into the Warranty, and shall vouch to Warranty the said T. B. party to these presents, who also shall appear and enter into the Warranty, and shall vouch over the Common Vouchee, who also shall appear and enter into the Warranty for [Page 36] the said premisses, and after make default, so that a good and perfect Common Recovery with a double Voucher over, may be duly had and executed of and for the said Messuage or Tenement, Close, Lands, Meadows and premisses according to the course of Common Recoveries in such cases used. And it is hereby further declared, concluded, expressed and agreed by and between all the parties to these presents, The declaration of the use. And the true intent and meaning of all the parties to these presents, and of these presents is, That after the said Recovery suffered and executed of and for the said premisses, or any of them, as well the said Recovery, as also the said Fine, and all Fines and Recoveries suffered and levyed, or to be suffered, levyed or acknowledged by or between the said parties to these presents, or any of them, of and for the premisses, or any of them shall be and enure, and hereby, and by all the parties to these presents, are and shall be adjudged, deemed and taken to be and enure, To the only proper use and behoof of the said T. B. party to these presents, and of his heires and assignes for ever, And to none other use, intent or purpose whatsoever. In witnesse whereof the parties abovesaid, &c.
A Covenant to give security to perform Covenants.
ANd lastly, that the said I. S. his Executors and Assignes, shall within one year next following, after the beginning of the Term hereby granted, put in good Security to the said T. S. his Heirs or Assigns by Obligation, or otherwise for the payment of the rent, and performance of the Covenants, hereby to be by him the said I. S. his Executors or Assigns paid or performed. In witnesse whereof, &c.
A re-demise of Lands Mortgaged.
THis Indenture made, &c. Between T. L. of, &c. on the one part, and I. M. of, &c. and G. M. of, &c. on the other part, Whereas the said I. M. and G. M. by their Indenture of Lease, bearing date, Recital of the Mortgage. &c. for the considerations therein expressed, did demise, grant, bargain, set, and to farm-let unto the said T. L. his Executors and Assigns, All that the Mannor of L. G. and P. with the appurtenances in the said County of M. and also all Messuages, Houses, Edifices, Buildings, Barns, Stables, Out-houses, Yards, Back-sides, Orchards, Gardens, Lands, Tenements, Meadows, Leasows, Pastures, Feedings, Wayes, Wasts, Wast-grounds, Commons, Commodities, Moores, Marshes, Woods, Wood-grounds, Under-woods, Waters, Water-courses, Ponds, Pooles, Liberties, Fishings, Advowson and Patronage of the Church of L. G. and P. aforesaid, Rents, Reversions, Services, Escheats, Fines, Amerciaments, Court-leets, Views of frank-pledge and profits of Courts, and all that to Courts, and Leets belongeth, Chattels, wayfes, estrayes, goods and chattels of Fellons and Fugitives, Customes, Rights, Jurisdictions, Priviledges, Profits, Commodities, Advantages, Emoluments and Hereditaments whatsoever, with their appurtenances of whatsoever kind, nature or quality soever, or by whatsoever name or names they are called or known by, scituate, lying and being, coming, renewing, arising or growing in L. G. and P. aforesaid, and H. Y. and Z. or within any of them, or elsewhere in the said County of M. to the said M. Messuages, Lands, Tenements, Meadows, Feedings, Pastures [Page 38] and other the premisses, or to every or any of them in any wise belonging or appertaining, or Incident, or Dependant thereunto, or as part, parcel or member thereof, or at any time then to fore known, accepted, taken, used, demised or reputed as part, parcel or member thereof, or of any part thereof, with their and every of their Rights, Members and Appurtenances. To have and to hold the said Mannors, Messuages, Lands, Tenements, Meadows, Pastures, Advowsons, and all other the premisses, with their and every of their Rights and Appurtenances unto the said T. L. his Executors and Assigns for the terme of 99. yeares next ensuing the date of the said recited Indenture of Lease, fully to be compleat and ended, by and under the yearly Rent of a Pepper-corn at the Annunciation of our Lady St. Mary the Virgin, if it were lawfully demanded, as by the said recited Indenture of Lease amongst other things therein contained, it doth and may appear. Now this Indenture witnesseth, The re-demise. that the said T. L. for divers good causes and considerations him moving, Hath demised, set and to farm-letten, and by these presents doth demise, set and to farm-let unto the said I. M. and G. M. their Executors and Assigns, the said Mannor, Messuages, Lands, Tenements, Meadows, Pastures, Advowsons, and all other the premisses, with their and every of their appurtenances in the said recited Indenture of Lease mentioned, To have and to hold the said Mannor, The Habendum. and all other the premisses, with their and every of their appurtenances unto the said I. M. and G. M. their Executors and Assigns for the Term of 98. and 10. months next ensuing the date hereof. Yielding and paying therefore yearly, during the said term unto the said T. L. his Executors and Assigns, [Page 39] one Pepper-corn at the Feast of, &c. if it be demanded. Proviso to pay money. Provided alwaies, and upon Condition, that if the said I. M. and G. M. their Heirs, Executors, Administrators and Assigns, or some of them, shall not well and truly pay, or cause to be paid unto the said T. L. his Executors or Assigns, the summe of xx. pounds of currant money of England, on and upon the twenty fifth day of M. next ensuing the date hereof, and also the summe of 500. pounds of currant money of England, on and upon the twenty fifth day of M. which shall be in the year of our Lord God 1632. that then from and after default of payment of the said several summes, or either of them, or of any part of them, or either of them, this Indenture of Lease, and all and every matter and thing herein contained, shall cease, determine, and be utterly void, to all intents and purposes, this Indenture, or any thing herein contained to the contrary thereof in any wise notwithstanding, the same several payments to be made and paid at or in the now, &c. and that without any demand to be made for the same. And the said I. M. and G. M. for themselves, Covenant to re-deliver possession upon failing of payment. and either of them, joyntly and severally, and for their and either of their several heirs, Executors and Administrators, and for every of them, do and doth Covenant, Promise and Grant to and with the said T. L. his Executors and Assigns, and to and with every of them, &c. that in case the said I. M. and G. M. their Executors, Administrators and Assigns, shall fail to pay the said several summes of money, or any of them, or any part of them, or either of them at the dayes and times herein before mentioned and appointed for payment thereof, that then they the said I. M. and [Page 40] G. M. their Heires and Assigns, and every and either of them, shall and will within, &c. next after default of payment of the said summes of money, or any or either of them, or any part of them, or either of them, leave, yield up and deliver unto the said T. L. his Executors and Assigns, the peaceable and quiet possession of the said Mannor, Messuages, Lands and all other the premisses, with their and every of their Rights, Members and Appurtenances. And to make further assurance. And also that they the said I. M. and G. M. their heirs and assigns, shall and will from time to time, and at all times, during the space of 7. years, &c. as in Covenants for further assurance. And the said T. L. for himself, That if the said I. M. and G. M. their Heirs or Assigns, or any or either of them, do and shall well and truly pay, or cause to be paid unto the said T. L. his Executors or Assigns, the said several summes of money herein before mentioned and expressed, at the dayes and times in the Proviso herein before expressed and appointed for payment thereof, according to the true intent and meaning of the said Proviso, That then he the said T. L. his Executors and Assigns, Covenant upon payment to assign over all the Lessors interest. from and after full payment of the several summes of money in form aforesaid, shall and will at the request of the said I. M. and G. M. their Heirs or Assigns, deliver up the said recited Indenture, and also that part of these presents, which is under the hand and seal of the said I. M. and G. M. And also that he the said T. L. his Executors and Assigns, shall and will permit and suffer them the said I. M. and G. M. their Heirs and Assigns, to hold and enjoy the said Mannor and premisses, for and untill default of payment [Page 41] of the said several summes of money, or either or any part of them, shall happen to be made by the said I. M. and G. M. their heirs or assigns, at either of the dayes or times herein before mentioned and appointed for payment thereof. In witnesse, &c.
A Confirmation of a Mortgage.
TO all Christian people to whom this present writing shall come, R. F. of London, son and heir of W. F. late of L. in the Parish of P. R. in the County of B. Yeoman deceased, sendeth greeting in our Lord God everlasting. Whereas the said W. F. by his Indenture of Lease bearing date, &c. made between the said W. F. by the name of W. F. of L. in the Parish of P. R. in the County of B. Yeoman on the one part, and T. F. then of W. A. in the Parish of H. in the said County of B. Husbandman on the other part, for and in consideration of the summe of 50. l of currant money of E. to him the said W. F. by the said T. F. in hand paid, and for other considerations him moving, did demise, grant and to farmlet unto the said T. F. his Executor, and Assigns, all that Messuage or Tenement, wherein he the said W. F. did then dwell with the appurtenances, scituate, lying and being in L. aforesaid, within the Parish of P. R. in the C. of B. and also all and singular the Cottages, Houses, Barns, Stables, Buildings, Edifices, Yards, Back-sides, Orchards, Gardens and Easments to the same Messuage or Tenement belonging, or in any wise appertaining. And also all those two Closes, &c. and also all woods, underwoods, timber and trees, quick-mounds, hedges, ditches, Fences, hades and balks whatsoever, standing, growing or being in or upon the premisses, or any part or parcel thereof, or to the same premisses, [Page 42] or to any part or parcel thereof belonging, or in any wise appertaining, together with all Commons, Common of pasture, Commodities, Profits and appurtenances whatsoever, and all other lands, tenements and hereditaments whatsoever, to the said Messuage or Tenement, & other the premisses, or to any of them, belonging, or in any wise appertaining, and the Reversion and Reversions, Rent and Rents of all and singular the premisses, and of every part and parcel thereof. To have and to hold the said Messuage or Tenement, Houses, Closes, arrable Lands, Woods, Under-woods, Commons, Commodities and all other the premisses, and every part and parcel thereof, with their appurtenances unto the said T. F. his Executors, Administrators and Assigns, from the Feast of, &c. next coming after the date of the said recited Indenture, unto the end and term, and for and during the term of 500. years from thence next ensuing, fully to be compleat and ended, and without Impeachment, of or for any manner of waste, by and under the yearly Rent of 1. l at the Feast of, &c. only if it were lawfully demanded, Neverthelesse with Proviso in the said recited Indenture, contained and hereafter following (viz.) Provided alwayes, and it is Covenanted, granted, concluded and fully agreed by and between the parties to the said Indenture, That if the said W. F. his Heirs, Executors, Administrators or Assigns, or any of them, do and shall well and truly content, satisfie and pay, or cause to be paid unto the said T. F. his Executors, Administrators or Assigns, the full summe of 50. l of lawful money of E. on and upon the twenty sixth day of M. next coming after the date of the said recited Indenture, at the then dwelling house of the said T. F. at, &c. without fraud or deceipt, That then at all times thenceforth, from and after full payment made of the [Page 43] said summe of 50. l as aforesaid, the said Indenture Lease, Demise and Grant, and all and every other Covenant, Grant and Articles therein contained, should cease, determine, and be utterly void and of none effect, to all intents and purposes, and that then, and at all times from thenceforth, it should be lawful for the said W. F. his heirs and assigns into the said premisses to re-enter, and the same to have again, as in and by the said recited Indenture, &c. appeareth. And whereas the said W. F. did not pay, nor cause the said summe of 50. l to be paid, neither is the same yet paid unto the said T. F. according to the Proviso or Condition in the said recited Indenture of Lease mentioned, by reason whereof all the said Messuage and premisses became absolutely forfeited unto the said T. F. for all the said term of 500. years in the said recited Indenture mentioned. Now these presents witnesse, that the said R. F. being Son and Heir of the said W. F. deceased, for and in consideration of the summe of 28. l more of currant money of E. to him in hand paid, &c. and for other good causes and considerations him moving, hath and hereby doth absolutely grant, ratifie and confirm the foresaid Lease, and all the estate and term for years therein and thereby demised and granted, or mentioned to be demised and granted, And also doth hereby fully and absolutely release the said Condition, and all and every the Condition and Conditions whatsoever in the said recited Indenture of Lease contained. And also the said R. F. for the Consideration aforesaid, doth hereby grant, demise, confirm and assure unto the said T. F. his Executors, Administrators and Assigns, the foresaid Messuages or Tenement, Cottage, Closes, Lands, and all other the premisses, for all the foresaid term and number of 500. years by the said recited Indenture of Lease, demised [Page 44] or thereby mentioned to be demised, and doth also hereby grant and release unto the said T. F. his Executors and Assigns, the foresaid yearly rent of 1. l by the said recited Indenture reserved, and all the arrerages thereof. To have and to hold all the said Messuage or Tenement, Cottages, Closes, Lands, and all other the premisses, with their and every of their appurtenances in the said recited Indenture mentioned, and the said yearly rent unto the said T. F. his Executors, Administrators and Assigns, for and during all the rest and residue of the said term and number of 500. years in the said recited Indenture of Lease mentioned, and now to come and unexpired, freely and absolutely without any Proviso or Condition whatsoever. Cum Covenantis proprecata fruitione, et ab Incumbram, et ulterior Assurand. In witnesse whereof, &c.
An Indenture upon Marriage, and for settling Lands to uses: and a Declaration of a Fine levyed to those uses.
THis Indenture made, &c. Between I. S. Esq second sonne of the Right Honourable H. E. of W. on the one part, and A. Lady D. of, &c. and Sir T. W. of, &c. on the other part: Whereas the said E. and A. his Wife, in the County of W. are now seized for term of their lives, Recital of being seized. and of the life of the longer liver of them, of and in all that the Mannor of C. and the lands, tenements and hereditaments, called C. P. and of the Burrough of C. and of the advowson and free gift of the Parsonage of the Church of C. with all and singular the rights, members and appurtenances thereof in the C. of D. and of diverse Messuages, Lands, Tenements, Rents, [Page 45] Woods, Wood-grounds, and Hereditaments to the said Mannor, and premises belonging or appertaining, without Impeachment of waste, the Reversion or Remainder thereof to the said I. S. and the Heirs of the body of the said I. S. lawfully to be begotten. And for want of such issue the Remainder to the right heirs of the body of the said E. and C. And for want of Heirs issuing of the body of the said E. and C. the Remainder then to the right and next heires of the said C. for ever. Recital of the Marriage. And whereas there is a Marriage by Gods grace intended shortly to be had and solemnized between E. Lord H. sonne and heir apparent of the said E. and C. and E. D. sole daughter of the said A. Lady D. they the said E. and C. and the said I. S. for settling of the inheritance of the said M. and premises to the uses hereafter expressed and declared, have this present time of the holy Trinity in the year abovesaid acknowledged and levied one Fine in due forme of Law before his Highnesse Justices of his Court of Common Pleas at Westminster, Recital of the Fine. unto the said A. Lady D. and Sir T. W. and to the Heirs of the said A. Lady D. amongst other Mannors, Lands, Tenements and Hereditaments in the said Fine contained, of and for all that the said Mannor of C. with the appurtenances, And of all Lands, Tenements, Meadows, Pastures, Feedings, Commons, Woods, Wood-grounds, Wasts, Moors, Heaths, Liberties, Franchises, Jurisdictions, Advowsons, Presentations, Emoluments and Hereditaments whatsoever to the said Mannor and premisses, or any part or parcel thereof, belonging or appertaining, or accepted, reputed, taken, known or demised, letten, used, occupied or enjoyed, as part parcel or member thereof, or any [Page 46] part thereof. And whereas the said E. and C. by Indenture tripartite under their hands and Seals, dated with these presents, have expressed and declared that the said Fine so levied of and for the said Mannor of C. and premisses herein contained, should be and enure to the use and behoof of them the said E. and C. for and during the term of their two lives, and the life of the longer liver of them, without Impeachment of or for any manner of wast, and from and after their decease, and of the Survivor of them, the Remainder thereof to the use of the said E. Lord H. during the term of his natural life, and from and after his decease, the Remainder thereof to the Heirs males of the body of the said E. Lord H. to be begotten on the body of the said E. the Remainder thereof to the right Heires of the said C. as by the said Fine and recited Indenture, purporting and declaring the use aforesaid, it doth and may appear. Now this Indenture witnesseth, and it is hereby covenanted, Intention of Parties. concluded, declared and agreed by and between all the parties to these presents, and the true intent and meaning of the said I. S. and of all the parties to these presents, and to the said Fine at the time of levying thereof, for and concerning the said Mannor of C. with the rights, members and appurtenances thereof, was, and now is, that the same Fine should be and enure, and hereby, and by all the parties to these presents, is declared and expressed to be and enure, and the Cognizees of the said Fine, and their heires shall stand and be seized of the said Mannor of C. with the rights, members and appurtenances thereof: The uses. To the uses, intents and purposes hereafter expressed, limited and declared, that is to say; To the use and behoof of them the said E. and C. for and during [Page 47] their two lives, and the life of the longer liver of them without Impeachment of any manner of waste, And from and after their decease, and of the Survivor of them, the Remainder thereof to the use of the said E. Lord H. Son and Heire Apparent of the said E. for and during the term of his natural life; And from and after his decease, the Remainder thereof to the heires males of the body of the said E. Lord. H. to be begotten on the said E. D. his intended Wife, and in default of such heirs male, then to the use of the heires of the body of the said E. Lord H. to be begotten on the body of the said E. D. the Remainder thereof to the right heires of the said C. and to none other use, intent or purpose. Provided alwayes, Proviso to make Leases. and the true intent and meaning of all the parties to these presents, is and was at the time of levying the said Fine. That it shall and may be lawful to and for the said E. and C. during their joynt lives, and for the Survivor of them at all times, and from time to time, to make any lease or leases of all or any of the said Mannor and premisses, or any part or parcel thereof, to any person or persons for 21. years in possession, or under, or for three lives in possession or under, and not otherwise or in other manner, so as upon every such Lease, so to be made the usual and old accustomed Rent, or more be reserved and appointed to be payable yearly, during the said term or terms, to such person or persons, as by force of these presents, or of the said Fine, or recited Indenture, or any of them, shall or ought after the decease of the said E. and C. to have the immediate Reversion or Remainder thereof. In witnesse whereof, &c.
A Declaration of the use of a Fine and Recovery.
THis Indenture made, &c. between the right Honourable T. L. W. on the one part, and the right Honourable W. L. P. Sir N. F. and T. V. on the other part, The recital of the Fine and Recovery. whereas, &c. reciting a Fine and Recovery suffered in the Term of, &c. of these Mannors, &c. by the name or names of, &c. Now this Indenture witnesseth, that the true intent and meaning of the said T. Lord W. and of the said Recoverer, and of all the parties to the said Recovery, and every of them, and to these presents before and at the several and respective times of the suffering of the said Recovery, for touching and concerning the said Mannors, Lands, Tenements, Hereditaments and premisses, and every of them, whereof the said Recovery was suffered and had alwayes was and now is: The intent of the parties at the execution of such Fine and Recovery. That the said Recovery should, and shall be, and enure, and be construed, adjudged, deemed and taken to be and enure, and that the said Recoverers and every of them, and all the parties to the same, and the party-takers thereby and their heirs, and all and every other person and persons, and his and their heirs who then were, or now are, or hereafter shall be seized of the said Mannors, Lands, Tenements, Hereditaments, and Premises, or of any part thereof, or any of them should and shall stand and be seized of the same Mannors, Lands, Tenements, Hereditaments and Premisses, and every parcel thereof with the appurtenances, to the uses, purposes and intents, and under the provisions, Conditions and Limitations hereafter in these presents expressed, specified, limited and [Page 49] declared, and to no other use, intent or purpose. The uses. And the said T. Lord W. doth hereby limit, expresse, declare and appoint that all the same Mannors, Lands, Tenements, Hereditaments and premisses, shall be and remain to the several uses, purposes and intents hereafter in these presents expressed (that is to say) to the use and behoof of the said T. Lord W. and his Assignes, for and during the term of his natural life without Impeachment, of or for any manner of waste, and from and after the decease of the said T. Lord W. then to the use of the said W. Lord P. Sir N. F. and T. V. their Heirs and Assigns for ever, for and to this intent and purpose, that they the said, &c. and their heirs, and the Survivor and Survivors of them, and his and their heirs, shall and will bargain, For payment of Debts. sell, or otherwise dispose of the same, for and towards the payment, satisfaction and discharge of such debts and summes of money as the said T. Lord W. doth now owe, or which he shall owe at the time of his death to any person or persons, and for the discharging of such person and persons as do now stand, or which at the time of the death of the said T. Lord W. shall stand bound or engaged for or with the said T. Lord W. for the same debts, or summes of money or any of them, and also for the satisfaction, payment and discharge of all such sum or sums which the said T. Lord W. hath, or hereafter shall take up, borrow or receive, for or in consideration of which he hath heretofore granted, or hereafter shall grant any Annuity or Annuities, Rent or Rents-charge, issuing or to be issuing, or payable out of the same Mannors, Lands, Tenements, Hereditaments and premisses, or any of them, or out of any of the Mannors, Lands, Tenements, or hereditaments of the said T. Lord W. in the Territories of England, [Page 50] whereby the same Rent or Rents charge, And Legacies. shall and may be determined. And also for and towards the payment and discharge of the funeral charges and expences of the said T. Lord W. and of the Legacies and bequests which the said T. Lord W. by his last Will and Testament in writing, to be sealed, subscribed and published by him before three sufficient witnesses, shall give and bequeath to any person or persons, or to any use or uses, or so much of such sum and sums of money, debts, funeral expences and legacies, as the value of the said Mannors, lands and tenements (to be sold) as aforesaid shall amount unto. And that if any over-plus shall be of the value of the same Mannors, The Disposal of the Overplus. lands, tenements, hereditaments and premisses, more than shall be or will be sufficient to satisfie and discharge all the same debts, sums of money, funeral charges, Legacies and bequests, that then the said, &c. their Heirs, Executors or Administrators, shall and will pay and deliver the same overplus, which shall remain of the Sale, or value of the said Mannors, Lands, Tenements, Hereditaments and Premisses, unto such person or persons to whom the said Lord W. shall by his last Will in Writing in presence of two witnesses at least, appoint the said lands and premisses to come after his death. And further upon this trust and confidence reposed in the said, &c. and their heirs, that if the said person to whom the premisses shal be limited or appointed to come after the said Lord W. his death as aforesaid, Parties trusted to give security to dispose of the premisses accordingly. then if such preson, his heirs, Executors, Administrators or Assigns, shall within two years next after the death of the said T. Lord W. well and truly satisfie, pay and discharge [Page 51] all the foresaid debts, summes of money, funeral charges, Legacies & bequests which by the true intent & meaning of these presents, are limited, expressed or intended to be paid for, out of, or in respect of the said Mannors, Lands, tenements, hereditaments & premisses, or shall give or make to the said, &c. or the Survivors or Survivor of them, or to the heirs executors or administrators of the Survivors or Survivor of them, good & sufficient security for the payment of all the said debts, sum & sums of money, Security to be allowed of by, &c. funeral charges, gifts, Legacies & bequests, which by the true intent and meaning of these presents, are before expressed to be paid, the same security to be approved & allowed of by one of the Lords, &c. for the time being, and any two of the Justices for the time being of the Courts of Upper Bench or Common Pleas, that then the said W. Lord P, &c. and their heirs, and the Survivor and Survivors of them, and his and their heirs and assigns, shall and will at the costs and charges in the Law of such person or persons to whom the said T. Lord W. shall as aforesaid appoint or limit the premisses to come after his death, his heirs or assigns, convey and assure the said Mannors, Messuages, Lands, tenements, hereditaments and premisses with the appurtenances, to such person or persons, his and their heirs and assigns, by such good and sufficient Conveyance and Assurance in the Law, with several and respective Warranty, only by every of them the said W. Lord P, &c. severally or respectively against themselves, and their several and respective heirs, as by such person or persons, his or their heirs or assigns, or his or their Councel learned in the Laws of this Land, shall be reasonably devised and required. Provided alwayes, and the true intent and meaning of the said T. Lord W. and of all the parties to the [Page 52] said Recovery and other Assurance, and of the parties to these presents and every of them, before and at the time of the suffering of the said Recovery and other Assurances, was and yet is, and is so hereby expressed, published and declared (notwithstanding any thing herein before contained.) That it shall and may be lawful to and for the said T. Lord W. from time to time, and at all times, &c.
A Lease to try a Title by Ejection firme.
THis Indenture made, &c. Between T. W, &c. and H. L. of, &c. Witnesseth, that the said T. W. for divers and sundry good causes and considerations him in this behalf especially moving, hath demised, granted and to Farm-letten, &c. unto the said H. L. all that Shop, with the appurtenances sometime called or known by the name or sign of, &c. and now commonly called or known by the name or sign of, &c. late in the tenure or occupation of, &c. scituate, &c. together with all and singular Lights, Easments, Commodities and Appurtenances to the same Shop belonging, or in any wise appertaining. To have, &c. from the Feast of, &c. last past, &c. Yielding, &c. at, &c. Provided alwayes, that if the said T. W. his, &c. do and shall at any time or times, during the said Term of, &c. tender or pay, or cause to be paid unto the said H. L. his, &c. twelve pence of lawful English money at, &c. for and to the intent and purpose, to make void and frustrate this present Lease and Demise, That then this present Lease, Demise and Grant, aforesaid shall cease, determine and be utterly void and of none effect to all intents and purposes, as though [Page 53] the same had never been made, Any thing herein contained to the contrary thereof in any wise notwithstanding. In witnesse, &c.
Note A Lease of Ejectment must Commence alwayes from a Feast or a day past.
A Letter of Atturney to seal such a Lease.
BE it known to all men by these presents, that I, T. W, &c. have made, ordained, constituted, deputed, and in my stead and place put, and by these presents, &c. my wel-beloved, &c. S. W, &c. my true and lawful Atturney, for me and in my stead, right, title and name, to enter into and upon all that, &c. naming the, &c. as in the Lease, or into or upon any part or parcel of the premisses, and the same premisses with the appurtenances, for me and in my name, and to my use to claim, and possession thereof, or some part thereof in the name of the whole, for me, and in my name to take, and after such possession thereof so had and taken for me and in my right stead and name to seal, and as my Deed to deliver to H. L. upon the premisses or some part thereof, a certain Writing indented, subscribed with my hand, containing or purporting amongst other things, the form of a Demise of the premisses, by or from me the said T. W. to the said H. L. for the term of three years next ensuing from the Feast, &c. last past, &c. holding firm and stable all and whatsoever my said Atturney, shall do or cause to be done for me and in my stead and name in or about the premisses, or any of them by force of these presents. In witnesse, &c.
A Mortgage.
THis Indenture made, &c. Between I. F. and E. F. widow on the one part, and I. R. of, &c. on the other part, &c. Witnesseth, That the said I. F. and E. F. for and in Consideration of the summe of, &c. to them in hand before the ensealing and delivery of these presents, well and truly paid, wherewith they and every of them, do acknowledge themselves fully satisfied and paid, and thereof, and of every part thereof, do clearly acquit and discharge the said I. R. his heirs, Executors and Administrators, and every of them for ever by these presents: Have bargained, sold, granted, aliened and confirmed; And by these presents do, &c. unto the said I. R. his heirs and assigns for ever. All that Messuage or Inn called or known by the name of the New-Inn, with the back-sides, backyard and garden thereunto adjoyning and belonging, scituate, lying and being in H. aforesaid, in the said County of O. on the West-side of a certain street, there called the North-street, with all and singular the Houses, Edifices, Buildings, Cellers, Sollers, Gardens, Orchards, Profits, Commodities and Hereditaments whatsoever, to the said Messuage or Tenement called the New-Inn, belonging or in any wise appertaining, or now accepted, reputed, letten, used or known as part parcel or member of the same Messuage or Inn, and now being in the holding or occupation of the said E. F. and her Assignes, And all the estate, right, title, interest, use, possession, remainder, inheritance, claim and demand whatsoever of the said I. F. and E. F. of, in and to the same Messuage or Inn, called the New-Inn, and every part and parcel thereof: And also all and every the Deeds, Evidences, Charges, Writings, Escripts [Page 55] and Minuments whatsoever, Concerning only the said bargained premisses, or any part or parcel thereof, and true Copies of all other Deeds, Writings, Evidences and Minuments that do concern the bargained premisses, or any part or parcel thereof, joyntly with any other Lands, Tenements or Hereditaments, which they the said I. F. and E. F. now have, or knowing where they are, may lawfully come by without Suit in Law, and all and every the Copies aforesaid, to be Copyed and written forth at the costs and charges of the said I. R. his heirs or assignes: They the said I. F. and E. F. for them, their heirs, Executors and Administrators, do covenant, promise and grant by these presents, to and with the said I. R. his Heirs, Executors and Administrators, well and truly to deliver, or cause to be delivered unto the said I. R. his heirs or assigns, at the now dwelling house of the said I. R. scituate, &c. with in three years next ensuing the date of these presents, whole, safe, uncancelled and undefaced: To have and to hold the said Messuage or Inn, called the New-Inn, and all other the premisses, with all and singular their appurtenances, before by these presents bargained and sold, or mentioned or intended to be hereby bargained and sold, and every part and parcel thereof unto the said I. R. his heirs and assignes for ever, to the only proper use and behoof of the said I. R. his heirs and assignes for ever: And the said I. F. and E. F. for them their heirs, Executors and Administrators, and for every of them, do covenant and grant by these presents, to and with the said I. R. his heirs, executors and administrators, and every of them in form ensuing; That is to say, That they the said I. F. and E. F. or one of them, for and notwithstanding any act or thing by them, or either [Page 56] of them done, caused or procured, or by them or either of them to be done, caused or procured to the contrary thereof, now are, or is, and at the execution of the first estate to be had and made of and in the premisses, to the said I. R. and his heirs, according to the true intent and meaning of these presents, shall then be solely seized, and very true and lawful owner or owners of the said Messuage or Inn, called the New-Inn, and all other the premisses before by these presents bargained and sold, or mentioned or intended to be bargained and sold, of a good, lawful and indiffeazible estate in Fee-simple, without any manner of Condition or Limitation of any use or uses, and have now, and at the execution of the said estate, shall then have good right, full power, and lawful, and absolute authority to grant, bargain, sell, &c. Cum, Covenant. pro exonerat. ab Incumbr. et fruitione, And that he the said I. F and his heirs, and all and every other person and persons lawfully having, or claiming to have any manner of estate, right, title or interest, of, in or to the premisses before by these presents bargained and sold, or mentioned or intended to be bargained and sold with the appurtenances, or of, in, or to any part or parcel thereof, by, from or under the said I. F. and E. F. or either of them, shall from time to time, and at all times for and during the space of five years next ensuing the date hereof, when and as often as they or any of them shall be thereunto reasonably required by the said I. R. his heirs or assignes, or any of them, make, do, suffer, knowledge and execute, or cause to be made, done, suffered, knowledged and executed at the costs and charges in the law of the said I. R. his heirs or Assigns, or some or one of them, all and every such further lawful and reasonable Act and Acts, Thing and Things, Device and [...] Assurance and Assurances in the [Page 57] Law whatsoever, for the further, better and more perfect assurance, surety, sure-making and conveying of all and singular the premisses, and every part and parcel thereof with the appurtenances to the said I. R. his heirs and assigns, according to the true intent and meaning of these presents. Be it by Fine, Feoffment, Recovery, Release, Confirmation with Warranty only against the said I. F. and his heirs, or without Warranty, or by all or any of the aforesaid wayes or means, or by any other lawful or reasonable wayes or means in the Law whatsoever, without Warranty, or with the like Warranty as aforesaid, as by the said I. R. his heirs or assignes, or any of them, or by his, their, or any of their Councel learned in the Laws, shall be lawfully and reasonably devised, advised or required: Provided alwayes, and it is Covenanted, Concluded, Conditioned and agreed by and between the said parties to these presents; That if they the said I. F. and E. F. or either of them, their heirs, executors, administrators or assigns, or any of them, do well and truly content and pay, or cause to be contented and paid to the said I. R. his Executors, Administrators or Assigns, at the now dwelling house of, &c. the summe of, &c. of, &c. in form ensuing, &c. without fraud or guile, That then this present bargain and sale, and all and every Covenant, Grant, Article and thing herein contained, shall to all effects, purposes and Constructions, be utterly void, frustrate and of none effect, But if default of payment in any of the dayes of payment aforesaid, in part or in all, contrary to the form above declared, that then this present bargain and sale, and all and every Covenant, Grant, Article and thing herein contained, shall to all effects and purposes stand, remain and abide in it's full force and strength, any thing herein before expressed to the contrary thereof [Page 58] in any wise notwithstanding. In witnesse whereof, &c.
A Conveyance of a Mannor.
THis Indenture made, &c. Between R. H. M. his Wife, and I. H. on the one part, and Sir R. D. on the other part, Witnesseth: That the said R. H. M. his wife, and I. H. for and in consideration of the summe of, Grant of the Mannor. &c. Have granted, aliened, bargained, sold, infeoffed and confirmed, and by these presents, do joyntly and severally Grant, Alien, Bargain, sell, infeoffe, and confirm unto the said Sir R. D. his Heirs and Assigns for ever, All that the Mannor or Lordship of R. in the County of O. with the Rights, Members and Appurtenances thereof: And also all and singular Messuages, Houses, Edifices, Buildings, Barns, Stables, Dove-houses, Yards, Backsides, Orchards, Gardens, Lands, Tenements, Meadows, Pastures, Feedings, Woods, Under-woods, Wood-grounds with the soil and ground of the same, Timber and Trees, Waters, Water-courses, Ponds, Pooles, Liberties, Fishings, Courts, Leets, Views of Frank-pledge, Perquisites and Profits of Courts and Leets, Wayfes, Estrayes, Harriots, Fellons, Goods and goods of Fugitives, Rents, Services, Rents seck, and all other Rents and Services whatsoever reserved upon any Demise or Lease heretofore made of the premisses, or of any part thereof, Wasts, Wast-grounds, Wayes, Easments, Passages, Profits, Commons, Commodities, Jurisdictions, Emoluments, Milles, Hereditaments and Appurtenances whatsoever, to the said Mannor and Premisses, or any of them belonging, or in any wise appertaining, or reputed to be belonging thereto, or used therewith: And also all that [Page 59] the Advowson, Presentation, and right of Patronage of the Rectory Church and Chantrey of R. aforesaid. And all Tythes, Of an Advowson. Oblations and Obventions whatsoever, belonging to the said Rectory Church, or Chantreys of R. aforesaid. And all that Messuage, Tenement or Farm, Of a Farm. scituate and being in R. aforesaid, now or late in the Tenure or Occupation of W. C. or his Assignes, called or known by the name of S. or by whatsoever other name or names the same is called or known, and all Houses, Edifices, Buildings, Barns, Stables, Yards, Backsides, Orchards, Gardens, Lands, Tenements, Meadows, Pastures, Wayes, Easments, Passages, Profits, Commons, Commodities, Woods, Wood-grounds, Timber and Trees: Waters, Water-courses, Emoluments, Herditaments and Appurtenances whatsoever to the said Messuage, Tenement or Farm, and premisses, or any of them belonging, or in any wise appertaining, or reputed to be belonging thereto, or used therewith. And also all those Messuages, Lands, Tenements and Hereditaments, with their appurtenances called the Chantrey Lands in R. aforesaid. And also all and singular other the Messuages, Cottages, Lands, Tenements, Meadows, Pastures, Feedings, Woods, Wood-grounds, Rents, Reversions, Services and Hereditaments whatsoever of them the said R. H. M. and I. H. or any or either of them, in or within the Towns, Fields, Parishes, Hamlets, Territories or Precincts of R. and B. and L. or any or either of them in the said County of O. And also all the estate, right, title, interest, use, possession, and the Reversion and Reversions, Remainder and Remainders, rent and rents, claim and demand whatsoever of them the said R. H. M. and I. H. and every and either of them, of, in and to the said Mannor and [Page 60] Premisses, and of, in and to every part and parcel thereof belonging, or in any wise appertaining. Of Writings with a Covenant to deliver them by such a time. And all Writings, Evidences, Deeds, Charters, Fines, Escripts, Court-Rolls, Exemplifications and Minuments whatsoever concerning the said M. and premisses, or any part thereof, which the said R. H. now hath in his possession, or can conveniently come by without suit in Law: And true Copies of all such Writings and Evidences, as do concern the same or any part thereof, with any other lands, tenements or hereditaments, the same Copies and every of them to be copyed and written out, at the costs and charges of the said Sir R. D. his heirs and assigns: All which said Writings and Evidences the said R. H. doth hereby covenant for him, his heirs and assigns, to and with the said Sir R. D. his heirs and assignes, to deliver unto him the said Sir R. D. his heirs or assignes, at or before the Feast of St. J. the Apostle, next ensuing the date hereof, safe, whole, uncancelled and undefaced: To have and to hold the said Mannor or Lordship, Advowson, Rectory, Chantrey, Messuages, Tenements, Farm, Lands, Meadows, Pasture, hereditaments, and all other the premisses, with their and every of their appurtenances unto the said Sir R. D. his heirs and assigns, to the only, &c. And the said R. H. for himself, &c. doth Covenant, &c. That he the said R. H. now is, and at the time of the first executing of an estate of the said Mannor and premisses, Seized in Fee-simple. by force of these presents unto the said Sir R. D. shall be lawfully and absolutely seized in his Demeasn, as of Fee-simple to him and his heirs, of and in the said Mannor, Messuages, Lands, Tenements, Advowson, Hereditaments and Premisses with their Appurtenances, without any manner [Page 61] of Condition or Limitation of any Use or Uses, to alter, change, determine, or make void the same, and without any Reversion or Remainder thereof, or of any part thereof in his Highnesse the Lord Protecter, his Heirs or Successors being made or limited by the said R. H. or I. H. his Uncle deceased, whose heir the said R. H. now is: And that he now hath, and then shall have good right, full power, Power to Alien. and lawful, and absolute authority to grant, bargain, sell and convey the said Mannor, lands, and all other the premisses, with the appurtenances unto the said Sir R. D. his heirs and assignes, according to the true intent and meaning of these presents, notwithstanding any Act, had, made, done or suffered by the said R. H. or the said I. H. his said Uncle, or either of them: And that the said Mannor, Messuages, Lands, Advowson, and all other the premisses, with their and every of their appurtenances, now are, Freed from Incumbrances. and so shall and may for ever hereafter remain, continue, and be unto the said Sir R. D. his heirs and assignes, free and freely, and clear and clearly acquitted, exonerated and discharged, of and from all and all manner of former and other Gifts, Grants, Leases, Joyntures, Dowers, Uses, Wills, Intails, Annuities, Statutes-Merchant and of the Staple, Recognizances, Bonds, Judgments, Executions, Extents, Seizures, Condemnations, Rents, Arrerages of Rents, Intrusions, Forfeitures, Mortgages, Fines for Alienation without licence, Debts of Record, Debts to his Highnesse Estates, Titles, Troubles, Charges and Incumbrances whatsoever, had, made, committed, done or suffered by him the said R. H. or by his Assent, Consent, Act, means or procurement, or by I. H. his said Uncle, or either [Page 62] of them: One Lease for the term of 20 years, to be accounted from the Feast of the Annunciation of our Lady St. Mary the Virgin in the year of our Lord God, An Exception of Leases. &c. of parcel of the premisses made by the said R. H. to one I. D. wherein the yearly Rent of nine pounds is reserved: One other Lease for the term of 22. years, to be accounted from the Feast of St. M. in the Eighteenth year of the Reign of our late Sovereign Lord King James over England, &c. of other parcel of the premisses made by the said R. H. to one C. O. and whereupon the yearly Rent of 20. l is reserved: One other Lease, &c. All which said several Rents, shall from henceforth be due and payable to the said Sir R. D. his heirs and assigns, during the several and respective termes aforesaid. And further, the said R. H. and I. H. for themselves, &c. Do Covenant, Covenant for quiet enjoying. &c. with the said Sir R. D, &c. That he the said Sir R. D. his heirs and assigns, and every of them, shall and may for ever hereafter quietly and peaceably have, hold, occupy, possesse and enjoy the said M. Farm, Advowson, lands and premisses, with their and every of their appurtenances, without the let, suit, trouble, disturbance, denial, molestation, interruption or eviction of them the said R. H. and I. H. or either of them, their or either of their heirs or assigns, or any of them, And without the lawful Let, Suit, Trouble, Denial, Molestation, Interruption or Eviction of all and every other person and persons whatsoever, lawfully claiming by, from or under them the said R. H. and I. H. or either of them, their or either of their estate, right or title: or by, from or under I. H. deceased, Uncle of the said R. H. (except before excepted.) And also that they the said [Page 63] R. H. and I. H. parties to these presents, and either of them, For further assurance. their and either of their heirs and assigns, and M. now the wife of the said R. H. and every of them, shall and will from time to time, and at all times hereafter, &c. And it is hereby declared, concluded, &c. That all Fines, Feoffments, Recoveries and all other assurances whatsoever, had, made, levyed, suffered or executed, or to be had, made, levyed, suffered or executed by or between the said parties to these presents, or any of them of the said M. and premisses, or of any of their shall be and enure, and hereby and by all the parties to these presents, are agreed to be and enure, To the only proper use and behoof of the said Sir R. D. and of his, &c. and to none other use, intent or purpose whatsoever: In witnesse, &c.
Sir Alex. D. being seized of the Mannor of B. in Com. O. for life, with remainder to his first sonne and his heires, with remainder to his second sonne, and so to the tenth sonne sell the Mannor-House, and half the Lands to Sir T. R. which to secure, settles the Mannor of C. by the Collateral Deed and Bargain and Sale, ut sequetur.
THis Indenture made the day of, &c. Between Sir A. L. on the one part, and Sir T. R. on the other part. Whereas the said Sir T. R. at the ensealing and delivery of these presents, hath paid unto the said Sir A. D. the sum of 2000. l of currant money of England, in Consideration whereof the said Sir A. D. Dame M. his Wife, and the Heirs of the said Sir A. are to convey and assure unto the said Sir T. R. his heirs and assigns, All that the Mansion-house and Capital Messuage of the said Sir A. D. with all Houses, [Page 64] Edifices, Barns, Stables, Buildings, Yards, Orchards and Gardens, with their and every of their appurtenances, scituate, lying and being in G. B. in the County of O. And also all Trees, Furzes, Woods and Under-woods, with their and every of their appurtenances, standing, growing, lying and being in all or any the Closes and parcels of ground herein after particularly expressed, and also all Waters, Fishings and Fish-ponds, being in or between the same, and the moity of all other Waters adjoyning and next to the same, now or late in the possession of the said Sir A. D. scituate, lying and being in G. B. aforesaid, in the said County of O. And also all that Close, &c. reciting the particulars with the buttalls, and boundalls: And also all usual wayes, easments, profits and Commodities to all and singular the premisses, and to every part and parcel thereof, belonging or in any wise appertaining: And all and singular the Tythes, which at any time hereafter may arise or grow due, out of all or any the premisses aforesaid: All and singular which premisses are scituate, lying and being in the Parish of G. B. aforesaid, in the said County of O. Together also with all the Wayes and passages, now or at any time within the space of three yeares last past, used or occupyed, unto or with the premisses, or any part thereof, for the said Sir T. R. his heirs and assignes, and for his and their Servants, Cattle and Carriages in and through any other the Grounds of the said Sir A. D. in G. B. aforesaid, unto the premisses and every of them intended to be conveyed and assured as aforesaid: In which conveyances and assurances to be made of the premisses, in manner and forme aforesaid, there are to be excepted, to and for the said Sir A. D. his heirs and assignes, Lessees, Farmors and Under-tenants, and all his and their Servants, and all others [Page 64] by his and their appointment, necessary and convenient wayes and passages in and through all or any the premisses to be conveyed as aforesaid, unto and from all or any the Closes and Grounds of the said Sir A. scituate in B. aforesaid, not to be conveyed unto the said Sir T. R. as aforesaid. Now this Indenture witnesseth, that for the quiet enjoying of all and singular the before mentioned premisses, with their and every of their appurtenances unto the said Sir T. R. his heirs and assigns, and for and in consideration of the summe of 5. s of currant money of England, in hand paid by the said Sir T. R. unto the said Sir A. D. that the said Sir A. D. hath granted, bargained, sold, enfeoffed and confirmed, and by these presents doth grant, bargain, sell, enfeoffe and confirm unto the said Sir T. R. his heirs and assigns for ever, All that his Mannor of C. with the appurtenances in the Parish of P. or elsewhere in the said County of B. And all Messuages, Closes, Lands, Meadows, Pastures, Woods, and Hereditaments, with their and every of their appurtenances of the said Sir A. D. scituate, lying and being in the Town, Hamlets, Fields and Precincts of C. and P. aforesaid, or in either of them in the said County of B. And also the Reversion and Reversions, Remainder and Remainders of the said Mannor of C. and of all and singular the premisses, with their appurtenances hereby intended to be granted, bargained and sold: And also all the estate, right, title, interest, claim and demand whatsoever of him the said Sir A. D. of, in and to the said M. of C. with the appurtenances, and all other the premisses, before by these presents mentioned to be granted, bargained or sold with the appurtenances, and of, in and to every part and parcel thereof. And also all Deeds, Evidences and Writings, touching or concerning the afore bargained premisses only, or only any part of [Page 65] Parcel thereof: To have and to hold the said M. of C. with the appurtenances, and all and singular the afore by these presents bargained premisses, with their appurtenances, and the Reversion and Reversions, Remainder and Remainders of the same, and all the estate, right, title and interest of the said Sir A. D. of, in and to the same, and all Writings only concerning the same, or only any part of the same unto the said Sir T. R. his heirs and assigns: To the only, &c. And the said Sir A. D. for himself, his, &c. Doth Covenant, &c. That for and notwithstanding any act or thing by the said Sir A. D. or by Sir T. D. Knight deceased, late father of the said Sir A. D. done or suffered to the contrary, he the said Sir A. D. now at the time of the ensealing and delivery of these presents, is the true rightful and lawful Owner of the said M. of C. and of all and singular the afore bargained premisses, with the appurtenances, and of the same, and of every part of the same is lawfully seized in his Demeasn, as of Fee-simple, without any manner of Reversion or Remainder thereof, or of any part thereof in his Highnesse the Lord Protector that now is, his Heirs or Successors, or in any other person or persons whatsoever: And also that he the said Sir T. R. his heirs and assigns, for and notwithstanding any act or thing by the said Sir A. D. or by Sir T. D. Knight, deceased as aforesaid, done or suffered to the contrary, shall and may from henceforth for ever hereafter lawfully, quietly and peaceably have, hold, occupy, possesse and enjoy the said M. of C. and all and singular the afore-bargained premisses, with their appurtenances clearly acquitted, exonerated and discharged of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Mortgages, Leases, Feoffments, Joyntures, Dowers, Statutes, Recognizances, Rents, Judgements, Condemnations, [Page 66] Executions, Liveries, Ousterlemains' Issues, Amerciaments, Respits of Homage, and of and from all other titles, troubles, charges, estates & incumbrances whatsoever heretofore had, made, committed, caused or done, or hereafter to be had, made, committed, caused or done by the said Sir A. D. and the said Sir T. D. or by either of them, or by any other person or persons whatsoever, lawfully having, or claiming to have any estate, right, title and interest, by, from or under the said Sir T. D. and Sir A. D. or either of them, or the heirs or assigns of them, or either of them: (The Joynture for the life of Dame M. D. now Wife of the said Sir A. and one Lease for about six years to come, heretofore made to I. B. at the yearly rent of 30. l per annum: And one other Lease made to O. F. for about one year yet to come at the rent of 100. l per annum: And one other Lease, &c. only excepted.) And further, that he the said A. D. his heirs and assigns, and all and every other person and persons lawfully having, or claiming to have, by, from or under them, or any of them, any estate, right, title or interest whatsoever, of, in or to the said Mannor of C. and other the afore by these presents bargained premisses, or of, in or to any part or parcel of the same, shall and will at all times hereafter, at or upon the reasonable request, and at the only and proper costs and charges of the said Sir T. R. his heirs and assigns, a Covenant. pro future. Ass. So that the said assurance or assurances contain no further or other Warranty or Warranties than only against Sir A. D. and his heirs, and against all and every other person and persons claiming, by, from or under them, or any of them: Provided alwayes, and upon Condition, that if the said Sir A. D. and such person and persons to whom by any Conveyance or assurance heretofore made, the Reversion or Remainder [Page 67] of the said Mannor house and premisses in B. aforesaid, and intended to be conveyed unto the said Sir T. R. as aforesaid, should or might, or shall remain or come immediately after the death of the said Sir A. D. and Dame M. his Wife, shall within one year next after such person or persons, shall attain unto the age of twenty one years at the only Costs and Charges, and at the reasonable request of the said Sir T. R. his heirs and assigns, or of some or one of them, Convey and assure unto the said Sir T. R. his heirs and assigns, and only to their uses and behoofs; All that Capital Messuage and M. house aforesaid, and all other the above recited premisses as aforesaid, with their and every of their appurtenances, scituate, lying and being in G. B. aforesaid, free and clearly discharged of all and all manner of Estates, Titles, Troubles, Charges and Incumbrances had, made or done by the said Sir A. D. or by Sir A. H. Knight, lately deceased, or by, from or under the [...] or either of them, or the heirs and assigns of them or either of them, with the like Covenants for the said Sir T. R. his heirs and assigns in such assurances to be made, as are contained in an Indenture, bearing date the first day of this instant month of M. made between Sir A. D. of the one part, and Sir T. R. in such manner and forme, as by the said Sir T. R. his heirs or assigns, or by some or one of them, or by his or their Councel learned in the Law, shall be reasonably devised or advised and required: So that the said assurance and conveyance, assurances and conveyances, contain no further or other Covenant, or Warranty then only against Sir A. D. and his heirs, and against Sir T. D. and his heirs, and against all and every other person and persons claiming, by, from or under them, or any of them: That then, from and immediately after such assurance is made of the premisses, with [Page 68] their appurtenances in G. B. aforesaid, unto the said Sir T. R. in manner aforesaid. This present Indenture, and the Grant, Bargain and Sale therein contained of the said M. of C. and other the premisses in P. aforesaid, with the appurtenances to be void & of none effect, any thing in these presents contained to the contrary thereof in any wise notwithstanding, And then the said Sir T. R. doth by these presents for himself, his, &c. Covenant, Grant and agree to and with the said Sir A. D. his heirs and assigns; That he the said Sir T. R. his heirs and assigns, shall and will deliver up unto the said Sir A. D. his heires or assignes, this Indenture to be Cancelled, together with the Evidences hereby granted, and in a Schedule expressed hereunto annexed, and then likewise, shall and will at the costs and charges of the said Sir A. D. make such reasonable Assurances and Conveyances, for the better re-assuring and re-conveying of the said M. of C. and premisses by these presents bargained and sold unto the said Sir A. D. his heirs and assigns, as by the said Sir A. D. his heirs or assigns, or by his or their Councel learned in the law, shall be reasonably devised, or advised and required: In witnesse whereof, &c.
A Declaration of the use of a Fine, where several parties joyne.
THis Indenture Tripartite, made, &c. Between I. A. of, &c. M. his Wife, sole daughter and heir of A. F. Gentleman deceased, T. S. of, &c. and M. his Wife, of the first part, E. D. of, &c. on the second part, and G. D. of, &c. and M. S. of, &c. on the third part: Whereas the said I. D. M. his Wife, T. S. and M. his Wife, have in Micha [...]lmas Term, in the year of our Lord God one thousand, &c. [Page 69] acknowledged and levyed one Fine with Proclamation, according to the Form of the Statute, in due form of Law befor [...] the Justices of his Highnesse Court of Common-pleas at Westminster, unto the said G. D. and his heirs, of and for all those eight Cottages, with the appurtenances, scituate and being in C. W. aforesaid, by the name or names of eight Cottages, two Gardens and one Orchard, with the appurtenances in W. and C. W. aforesaid: As by the said Fine remaining on Record in the said Court of Common-Pleas at Westminster, it doth and may appear. These Presents witnesse, and it is hereby testified, expressed and declared, by and between all the said parties to these presents, and the true intent and meaning of all the said parties to these presents, and to the said Fine then at the time of Levying the said Fine was and now is: That the said Fine, and all other Fines levyed, or to be levyed of the premisses, or any part thereof, or of the same, or any of them, with any other Lands, Tenements or Hereditaments, by or between the parties to these presents, or any of them, and the Uses thereof shall be and enure, and hereby, and by all the parties to these presents, are and shall be adjudged, deemed and taken to be and enure, to the uses, intents and purposes hereafter in these presents expressed, limited and declared, viz. Of, for and concerning all that one Cottage or Tenement, wherein one D. A. Taylor, did lately inhabit, scituate in C. W. aforesaid, in a Street there called F. with the Orchard or back-side, Garden and appurtenances, To the use and behoof of the said G. D. his heirs and assigns for ever: And of, for and concerning all that Cottage or Tenement, wherein the said M. S. doth now inhabit in C. W. aforesaid, in a place there called N. with the back-side and Garden, and appurtenances thereunto belonging or appertaining, [Page 70] To the use and behoof of him the said M. S. his heirs and assigns for ever. And of, for and concerning one other Cottage, &c. to the said I. A. his heirs and assigns for ever: And of, for and concerning all other the Cottages and premisses in the said Fine contained, the use whereof is not herein or hereby formerly limited and declared, To the use and behoof of the said E. R. his heirs and assigns for ever. And to none other use, intent or purpose whatsoever. In witnesse &c.
A Condition for the sealing an Acquittance or release of lands.
THe Condition, &c. that if the above bounden B. C. do cause I. M. Serjant at the Law, and E. his Wife before the Feast of E. next coming, at the costs and charges in the Law of the said B. C. by their sufficient deed in the law, to release, remit and quite claim to the within named C. D his, &c. all their right, title, dower and interest which the said I. M. and E. his Wife, or either of them, have, had, or may have, claim or pretend to have, of, in or to all such Lands, Tenements, &c. that then, &c.
A Bill to pay money.
MEmorandum that I, R. S. do owe unto I. M. the full sum of 10 l of, &c. to be paid unto the said I. M. his, &c. on the, &c. next coming, for payment whereof I the said R. S. do bind me, my, &c. in the sum of, &c. firmly by these presents. Sealed and dated the day and year abovesaid: Let it be dated as a general acquittance.
A Release.
BE it known, &c. That I W. B. of, &c. have remised, released; and for me, my heirs, &c. do by these presents remise, &c. unto I. R. of, &c. all and all manner of Actions, Sutes, Quarrels, Debts, Trespasses, Accounts, Covenants and Demands whatsoever, which I the said W. B. now have against the said I. R. or my executors, administrators or assigns, at any time might, ought or could have against the said I. E. his, &c. as executor of I. R. his father deceased, or otherwise howsoever from the beginning of the world, untill the day of the date hereof. In witness, &c.
A license to let Lands, although prohibited by Lease
WHereas my Tenant W. H. holdeth of me one Tenement in P. in, &c. with the appurtenances for certain years yet to come, by an Indenture of Lease dated, &c. wherein he hath expressely Covenanted with me not to set or let out any part or parcel of the said Tenement, without my special lycense and Consent in writing, in that behalf to be had, as by the said Indenture amongst, &c. appeareth. These presents witnesse, that I the said H. K. have lycensed and allowed, and do by these presents lycense and allow the said W. H. to let, set or demise the said Tenement to one R. P. his, &c. for three years next ensuing. Provided that he the said W. H. shall at his peril see the rent in the said Indenture and other Covenants and payments therein mentioned to be paid on the part and behalf of the said W. H. be duly kept and performed. Dated, &c.
A Letter of Atturney to two, to receive possession.
TO all Christian people, to whom these presents shall come, Sir R. D. of, &c. sendeth greeting: Whereas G. S. of, &c. did seal unto the said Sir R. D. and deliver an Indenture bearing date the last day of May, now last past, purporting a Conveyance unto him the said Sir R. D. and his Heirs, of all that Messuage or Tenement with the appurtenances, scituate and being in B. aforesaid, sometimes thentofore, &c. setting down the particulars; To have and to hold the said, &c. to the said Sir R. D. his Heires and Assignes for ever, as by the said Indenture, it doth and may more fully appear: Now, know ye, that the said Sir R. D. hath, and hereby doth authorize, constitute, depute, and in his stead and place, put his wel-beloved Friends C. G. of, &c. and T. A. of, &c. and either of them, his true and lawful Atturneys, joyntly or severally to receive and take for him, and in his name, and to his use, full and peaceable possession, and seisin of and in all, or any part of the premisses, in the name of the whole, of and from the said G. S. to hold to the said Sir R. D. and his Heires, according to the Tenor, purport, forme and effect of the said Indenture. In witnesse, &c.
A note of an Indorsement of livery of Seizin on the Indenture by vertue of the Letter of Attorney.
MEmorandum That ful & peaceable possession & seizin was given and delivered by the within named G. S. of the Messuage or Tenement, Closes and Land within mentioned unto C. G. of, &c. by vertue [Page 73] of the Letter of Attorney to this present Indenture annexed, for and in the name, and to the use of the within named Sir R. D. and his heirs according to the true intent and meaning of the said Indenture and Letter of Attorney the day of, &c. in the presence of us whose names are subscribed.
Note. Let the Letter of Attorney be pinned or filed to the Indenture.
An Assignment of a Lease in trust.
THis Indenture made, &c. Between W. P. of, &c. on the one part, and R. P. of, &c. on the other part. Witnesseth that the said W. P. for divers good causes and considerations him hereunto moving; Hath Demised, granted, assigned and set over, And by these, &c. unto the said R. P. his Executors and Assignes: All that, &c. setting down the particulars, with their and every of the rights, members and appurtenances thereunto belonging; Together with all and every the estate, right, title, interest, use, possession, Term for years, claim and demand whatsoever of him the said W. P. of, in and to the said, &c. by vertue of a former Lease or Assignment thereof made to him by one W. R. of, &c. and I. his Wife, or either of them for the residue of a Term of 1000. years, then unexpired, or otherwise howsoever; To have and to hold the said, &c. with the appurtenances, during all the rest and residue of the said Term of 1000. years, which are yet to come and unexpired unto the said R. P. his executors and assignes: Upon the trusts, and to the intents and purposes hereafter mentioned and expressed. That is to say, That [Page 74] the said R. P. and his assigns, shall permit and suffer the said W. P. to have and take to his own proper use and benefit, all and every the Rents, Issues and profits of the premisses, for and during his natural life, without Impeachment, of or for any manner of wast, And from and after his decease, the said R. P. or his assigns, shall stand and be possessed, or dispose of the premisses, during the residue of the said Term, which shall be then to come to such uses, intents and purposes, as the said W. P. shall by his last Will and Testament in Writing, under his Hand and Seale, and Subscribed in the presence of two or more credible Witnesses, nominate and appoint the same, and for want of such Declaration or Limitation to be made: That then the said R. P. shall stand possessed of the premisses in Trust for the Executors or Administrators of the said W. P. and to none other use, intent or purpose whatsoever. In witnesse, &c.
E. R. having bought the Mannor of B. and Copy-hold Lands belonging to it, takes a surrender of the Copy-hold Lands in others names, who by Deed, after recitall of what estate they had: make this Acknowledgement.
WHereas E. R. of, &c. hath with his own money, purchased of I. G. of, &c. amongst other Lands, Tenements and Hereditaments; The Customary, Messuage, Lands, Tenements and Hereditaments hereafter mentioned, viz. Then setting all the particulars with the quantity and number of acres and closes names, and in whose occupation. And also whereas W. P. of, &c. R. W. F. K. and D. G. of, &c. being Customary Tenements of the said M. of B. did surrender into the hands of I. G. being Lord of the said M. All and singular the Customary, Messuage, [Page 75] Lands, Tenements and Hereditaments before mentioned, To the use and behoof of us the said W. N. and R. F. to the intent and purpose that the said I. G. or other the Lords of the said M. or these Stewards for the time being at the next Court, Baron to be holden for the said Mannor, should admit, or cause us the said W. N. and R. F. to be admitted Tenants unto all and singular the said, &c. As by the said Surrender bearing date, &c. relation being thereunto had, may more fully and at large appeare. Now know ye, that we the said W. N. and R. F. for the manifesting of the truth of the said Surrender, and for the avoiding, and clearing of all questions and doubts, which hereafter may arise or grow, touching or concerning the said Surrender, taken in our names as aforesaid, Do hereby freely and voluntarily acknowledge, expresse and declare that the said Surrender was made, taken and done by the special Direction and Appointment of the said E. R. in trust, to and for the only use, benefit and behoof of him the said E. R. his heirs and assigns for ever, and to and for no other use, intent or purpose whatsoever; And therefore we the said W. N. and R. F. Do by these presents freely and absolutely disclaim any other estate, right, title or interest, claim or demand, which we or either of us now have, or hereafter may or can have, claim or demand in or to the said Customary, Messuages, Lands and premisses, or any part thereof, but such as we have only by the trust reposed in us by the Surrender before expressed: In witnesse whereof we the said W. N. and K. F. have hereunto set our hands and seals, &c.
A Lease in Trust.
THis Indenture made, &c. Between Sir R. D. of, &c. on the one part, and W. D. of, &c. R. H. of, &c. and T. S. of, &c. on the other part; Witnesseth that the said Sir R. D. for divers good causes and considerations him moving, hath demised, granted, set and to farm-letten, and by these presents doth, &c. unto the said W. D. R. H. and T. S. their executors and assignes; All that the Mannor of A. with the rights, members and appurtenances thereof in the said County of B. and all Messuages, Lands, Tenements and Hereditaments whatsoever of him the said Sir R. D. scituate, lying and being in A. aforesaid, in the said County of B. And also all that Close of Land, in the Parish of N. in the said County of B. called the Warren-hill, with their and every of their appurtenances; And all wayes, easements, passages, profits, Commons and Commodities whatsoever belonging to the said Mannor and premisses, and to every or any of them (except all Timber Trees growing on the premisses, or any part thereof: To have and to hold the said Mannor, and all other the premisses, with their and every of their appurtenances unto the said W. D. R. H. and T. S. their Executors and Assignes, from the Feast of, &c. last before, &c. for and during, and unto the full end of 24. years, &c. Yielding a Pepper-Corn, &c. Neverthelesse, upon this special trust and confidence, and to the intent and purpose that they the said W. D. R. H. and T. S. their Executors and Assigns, shall permit and suffer him the said Sir R. D. and his assignes, during his life, to hold and enjoy the said Mannor and premisses, and to receive and take the, Rents Issues and profits thereof, to his and their own use, without [Page 77] Impeachment of any manner of waste, And also that they the said W. D. R. H. and T. S. their executors and assignes, from and after the decease of the said Sir R. D. shall permit and suffer I. D. Esq Son and Heir apparant of the said Sir R. D. and his heirs to hold and enjoy, and to receive and take the Rents, Issues and profits of the said Mannor and premisses, for so long time as he the said I. D. and his heirs, shall permit and suffer M. D. and R. D. sons of the said Sir R. D. their heirs and assigns, severally and respectively to hold and enjoy, according to their several and respective Estates and Limitations, to them severally and respectively made, appointed, or to be made and appointed in Trust for them, or either of them by the said Sir R. D. their father of all that the Mannors of E. and T. in T. with their and either of their Rights, Members and appurtenances thereof, in the said County of B. and all that the Rectory and Parsonage impropriate of T. aforesaid, and of all that third part of the Mannor of C. with the Rights, Members and appurtenances thereof in the said County of B. And also to the intent and purpose, that if the said I. D. his heirs and assigns, shall at any time during the terme hereby demised, disturb, hinder or molest the said M. D. and R. D. the son, or either of them, their, or either of their heirs or assigns, in the quiet holding or enjoying of all or any the Mannors, Lands, Tenements or Hereditaments to them, or in Trust for them, severally and respectively limited and appointed by the said Sir R. D. their father as aforesaid, or shall crosse, or hinder any the limitations or estates, made or appointed by the said Sir R. D. to or for the said M. and R. D. as aforesaid, whereby or by reason whereof they the said M. D. and R. D. the son, or either of them, their heirs or assigns, shall not, or may not quietly hold and enjoy, and take the profits [Page 78] of the Mannors, Lands, Tenements and Hereditaments to or for them, or either of them, severally and respectively limitted and appointed by their father Sir R. D. as aforesaid; That then, and immediately from and after such disturbance and hindrance used and done by the said I. D. his heirs or assigns: They the said W. D. R. H. and T. S. their, &c. shall permit and suffer them the said M. D. and R. D. their heirs and assigns, severally and respectively to take and receive the Rents, Issues and profits of the Mannor of A. and all other the premisses hereby demised, for all such time and Termes for years, as shall be to come and unexpired at the time of such Disturbance and Hinderance made or done by the said I. D. his, &c. Provided alwayes, that if the said Sir R. D. at any time during his life, shall be minded to make void these presents, and the estate hereby granted, and shall by any writing, under his hand and Seal, Subscribed in the presence of two Credible persons, or more, declare such his mind and intention, for the making void thereof: That then, from and after such Declaration in writing made and subscribed by the said Sir R. D. as aforesaid. This present Indenture, and the estate hereby granted, shall cease, determine, and be utterly void, to all intents and purposes, any thing herein contained to the contrary thereof in any wise notwithstanding. In witnesse whereof, &c.
A Lease in trust.
THis Indenture made, &c. Between Sir R. D. of, &c. on the one part, and W. D. of, &c. R. H. and T. S. &c. on the other part, Witnesseth, that the said Sir R. D. for, &c. setting down the Demise ut supra, though of other lands: with the Habendum and reddendum ut supra: Neverthelesse upon this speciall [Page 79] trust and confidence that they the said W. D. R. H. and T. S. their, &c. shall permit and suffer him the said Sir R. D. and his Assignes during his life to hold and enjoy the said Mannor and premises and to receive and take the rents, issues and profits thereof to his and their own use. And also upon this further special trust and confidence that they the said W. D. R. H. and T. S. their, &c. from and after the decease of the said Sir R. D. shall imploy yearly out of the profits of the said M. and premisses the summe of 50. l of, &c. for the education and bringing up of M. D. gentleman, second sonne of the said Sir R. D. for, and until he the said M. shall attaine unto the age of nineteene years; And also that they the said W. D. R. H. and T. S. their, &c. from and after the said M. D. shall attaine his said age of nineteene yeares, during the residue of the said terme, shall raise out of the profits of the premisses the summe of 80. l per annum, for and towards the maintenance, and for the portion of him the said M. D. And also at the end of the terme hereby demised, shall and will yeeld and deliver the rest and residue of all the profits of the premisses by them received or raised unto him the said M. D. or to his issue, if any issue of his body be then living. And if the said M. D. before his said age shall die without issue, that then they the said W. D. R. H. T. S. their, &c. from and after the decease of the said M. D. without issue as aforesaid, shall yeeld and deliver unto I. D. Esquire, eldest son and heir apparant of the said Sir R. D. at his age of nineteene years, or to such issue of his body as shall be living at such time as the said I. D. shall have accomplished his said age of nineteene years if he had lived, all such rents, summe and summes of money as they or any of them shall have received or taken out of or for the said Mannor and premisses, and every [Page 81] or any of them. And if the said J. D. before his said age of nineteen years shall die without issue, that then they the said W. D. R. H. and I. S. their, &c. from and after the decease of the said I. D. as aforesaid, shall yeeld, pay and deliver unto R. D. gent. youngest sonne of the said Sir R. D. at his age of nineteene years, or to such issue of his body as shall be then living, all such rents, summe and summes of money as they or any of them shall have received or taken out of, or for the said M. and premisses, and every or any of them. Cum eadem potentia revocat. pro ut ultim. specificat. In witnesse, &c.
A Declaration of Trust, with a declaration of uses by the Trustor.
THis Indenture made, &c. Between A. Lady D. of &c. Widdow on the one part, and Sir I. D. Sir I. C. Sir R. L. I. C. I. C. T. L. T. I. W. M. and W. G. of, &c. seperatim on the other part. Whereas the said, Sir I. D. I. C. and I. C. do stand joyntly seized in Fee with the said A. Lady D. of, and in all that the Mannor of L. in the County of L. with the Rights, Members, and Appurtenances thereof, and of all that the Capital Messuage or Mansion house of L. aforesaid, and of all and singular Messuages, Lands, Tenements, Tofts, Cottages, Mills, Meadows, Closes, Pastures, Leasowes, Commons, Wastgrounds, Furze, Heath, Woods, Underwoods, Waters, Moors, Wayes, Fishings, Court-Leets, views of Frank-pledge, Waifs, Estrayes, Royalties, Franchises, Rents, Reversions, Services, Profits, Commodities, Liberties, Priviledges, and Hereditaments whatsoever to the said Mannor, or any part thereof belonging, or appertaining, or reputed, deemed, occupyed, or taken as part, parcel, or member of the said Mannor of L. aforesaid, and of all that Messuage with the appurtenances [Page 82] in L. aforesaid, in the possession of W. C. or his Assignes; as by the conveyance thereof to them made by G. A. Esq it doth and may more fully appear. And whereas the said T. L. T. I. and W. G. do also stand joyntly seized to them & their heirs, of, and in all and all manner of Tythes, of what nature, condition, or quality whatsoever, and of all Dismes, Pensions, Portions, Oblations, Emoluments, and profits whatsoever coming, growing, renewing, arising, encreasing, issuing, or going out of any the Lands, Meadowes, Pastures, or Woods in L. in the said County of L. or being parcel of the Demeasnes of the Mannor of L. with their and every of their rights, members, and appurtenances, and of all and singular Gleab-lands, Tenements, Profits, Commodities, Emoluments and Hereditaments whatsoever, to the Rectory and Parsonage of L. aforesaid belonging or appertaining, lying or being amongst the Demeasne lands of L. aforesaid; and also of all and all manner of Tythes, coming, growing, renewing, or increasing, in or upon the said Gleab-lands, Tenements and Hereditaments, or any of them, and of all other the tythes coming, growing, renewing, or increasing in L. aforesaid, as by the Conveyance thereof to them made by W. C. and G A. it doth and may appear. And whereas the said Sir I. C. S. R. L. and W. M. do stand possessed and interessed for divers years yet enduring, of and in all that pasture-ground, containing by estimation one hundred and twenty acres, be it more or less, lying in L. in the Parish of S. in the said County of B. called or known by the name of the Netherground, with the tenement, and all other the edifices and buildings thereupon standing, as by the Lease thereof to them the said Sir I. C. Sir R. L. and W. M. by I. J. and A. his Wife, dated the nineteenth day of, &c. it doth and may appear. [Page 83] Now these Presents Witness, and it is hereby declared, testified, and expressed by all the said parties to these presents, that all and every the several parties to these presents, do stand so seized and interessed of all and every the premisses respectively, only in trust for the said A. Lady D. and to her use, and that they the said Sir I. D. Sir I. C. Sir R. L. I. B. I. L. T. L. T. I. W. M. and W. G. and every of them, and the Heirs and Executors of the Survivor and Survivors of them, shall at the request and costs of the said A. Lady D. convey and dispose the premises and every of them respectively, to such person and persons as the said A. Lady D. shall in her life time under her hand, or by her last will in writing, appoint or give consent unto. And the said A. Lady D. doth hereby also declare, that her intent is, in case she should not in her life time, as aforesaid, or by her last Will make any declaration of her intent for the disposing of the premisses, or in case she the said A. Lady D. shall make such Declaration for part, and not for other part, then the said parties trusted, and every of them, shall respectively convey their several Estates in the premisses, or of so much thereof as she the said A. Lady D. shall not so make Declaration of to W. D. Esq second son of the said A. Lady D. and to his Heirs, Executors and Assignes, according to the intent of these presents; and shall alwayes permit her and her Assignes, as aforesaid, to receive and enjoy all and every the rents and profits of the same. In witness whereof, &c.
A Letter of Attorney to demand a Rent according to a Lease.
TO all Christian people to whom, &c. E. F. of, &c. and I. P. of, &c. send greeting in our Lord [Page 84] God Everlasting. Whereas the said E. F. and I. P. by their Indenture dated the fifth day of, &c. did demise and grant unto I. B. of C. in the said County of B. Yeoman, and his Assignes, all that woodground, with the soil thereof, called by the name of W. wood containing by estimation 60. acres, were the same more or less, with the appurtenances thereunto belonging, lying in the Parish of C. aforesaid, to hold the demised premisses to the said I. B. and his assignes, from the Feast of the Birth of our Lord God then last past, for the term of twenty one years from thence next ensuing, by and under the yearly rent of thirty pounds six shillings and four pence, payable to the said Edmund F. and I. P. at the Feasts of the Nativity of St. John the Baptist, and the Birth of our Lord God, by equal portions, at the Fontstone in the Temple-Church, London, with this special Proviso or Condition in the said Indenture contained, That if the said yearly Rent, or any part thereof, should be unpaid in part or in all at the place aforesaid, by the space of ten dayes next after either of the said Feasts, or dayes of payment, the same being lawfully demanded, that then, and at all times afterwards, it should be lawful for the said E. F. and I. P. and their assignes, to reenter upon all the premisses, and the same to have again, retain, repossess and enjoy, as in their former estate and right, as by the said Indenture amongst other things therein contained appeareth. Now know ye, that the said Edmund F. and I. P. have, and hereby do depute, constitute, and appoint, and in their stead and place put their well-beloved friend I. H. of L. Esq their true and lawful Attorney, for them, and in their names, to ask and demand, according to the Proviso in the said Indenture contained, the half years rent that shall grow due upon the) said Demise, by the said I. B. or his assignes, being the sum of fifteen [Page 85] pound three shilling and two pence, at the Feast day of the Birth of our Lord God now next ensuing; and also they the said Edmund F. and I. P. do hereby authorize and appoint the said I. H. to demand the said rent and sum at the time and place in the Proviso in the said recited Indenture, mentioned for payment thereof, Authority to demand a rent, Toties quoties according to the Proviso, or the intent thereof. And the said E. F. and I. P. do hereby further authorize and appoint the said I. H. from time to time, and at all times, during the continuance of the said Term that shall be unexpired and to come at or after the said Feast day of the Bitth of our Lord God now next ensuing, for them, and in their names, to ask and demand on the tenth day next after either of the said Feasts or dayes of payment, according to the Proviso in the said Indenture contained, all such rent and rents that shall grow due to be paid upon the said Demise, at either of the said Feasts, by the said I. B. or his assignes, at the time and place in the Proviso of the said recited Indenture mentioned for payment thereof, according to the purport and form of the same, ratifying and allowing all and whatsoever the said I. H. shall do in the premisses, as if they themselves were personally present, and did demand the same. In witness, &c.
A Letter of Atturney to re enter upon the former letter of Atturney.
TO all Christian people, to whom, &c. E. F. of, &c. and I. P. of, &c. send greeting. Whereas, &c. reciting the Indenture mentioned in the former Letter of Atturney, and then reciting that whereas the said E. F. and I. P. by their letter of Atturney dated, &c. did [Page 86] authorize and appoint I. H. of, &c. to ask and demand in their names, and to their use the half years rent, &c. viz. the summe of 15. l 3. s 2. d which was then to grow due and payable at the Feast day of the Birth of our Lord God, then next ensuing, and for non-payment whereof the said E. F. and I. P. by a Proviso in the said recited Indenture, might lawfully re-enter, if the same should be behind by the space of ten dayes, after the said Feast, according to the form and effect of the said recited Indenture and Proviso, And whereas the said I. H. did demand the said half years rent of 15. l 3. s 2. d due and payable by vertue of the said Proviso, and the power to him given by the Letter of Atturney aforesaid, Yet notwithstanding the said I. B. and his Assignes, nor either of them have not paid the said half yeares rent according to the reservation and Proviso of the said recited Indenture: Now know ye, that the said E. F. and I. P. have, and hereby do depute, constitute, ordain and appoint their said Wel-beloved Friend I. H. their true and lawful Atturney for them, and in their names, and to their use, into all and every the premisses, demised by the said recited Indenture unto the said I. B. and his assignes, to re-enter, and the same to have, detain and keep for them, and to their use, according to the Power and Condition in the said recited Indenture mentioned, ratifying and allowing ut supra in the former. In witnesse, &c.
An Indorsement of Atturnment of Tenants.
MEmorandum, that before the ensealing of these presents, the within named E. B. did by Indenture made between him and the within named R. C. on the one part, and N. C. of the other part, [Page 87] bearing date, &c. for a certain summe of money mentioned by the said Indenture to be paid, grant, bargain, demise and lease the premisses within mentioned unto the said N. And A. D. of, &c. did after the ensealing and delivery of these presents viz. this present fifteenth day of, &c. atturn and agree to this conveyance in the presence of, &c.
An Indenture of Covenants, Declaring that a mans name is but only used in Trust, in the taking of an Assurance.
THis Indenture made, &c. between T. B. of the one part, and A. B. of, &c. of the other part, witnesseth; whereas T. H. by his Indenture of Bargain and Sale, bearing date, &c. made between, &c. for the consideration therein mentioned, did grant, bargain, Set down the consideration, and Plaint. and sell unto the said T. B. and A. B. their heirs and assignes, all that Messuage, Farm or Tenement, with the appurtenances, and all those three Yardlands of Meadow, arable and pasture, with all and singular their appurtenances in F. in the said County of L. now or late in the tenure of the said T. H. or his assignes, to hold he said messuage or tenement, and three Yardlands, with the appurtenances to the said T. B. and A. B. their heirs and assigns for ever, and did covenant by the said Indenture to levy one fine, Sur Connizance de droit come ceo, &c. of the premisses to them the said T. B. and A. B. and their heirs, as by the said Indenture, (amongst, &c.) appeareth. Now this Indenture witnesseth, that the said A. B. was only named in Trust by the said T. B. to and for the use of the said T. B. his heirs and assigns, and that the said sum of five hundred pound mentioned in the said Indenture, to be the [Page 88] consideration for the said purchase, was the proper money of the said T. B. And the said A. B. doth covenant, &c. that he the said A. B. his heirs and assigns, from time to time, and at all times hereafter, upon the request, and at the costs and charges in the Law of the said T. B. his heirs or assigns, To convey lands according to the Trust. shall and will convey & assure the premises, & all his estate, title, and interest therein, unto the said T. B. and his heirs, to the use of the said T. B. and his heirs, or to any other person and persons, and their heirs, to the use of them and their heirs, as the said T. B. or his heirs shall direct or appoint, acquitted and discharged of and from all charges and incumbrances had, made, or done by the said A. B. or by, from or under any other person or persons whatsoever, claiming by, from or under him. And the said T. B. doth covenant, &c. That he the said T. B. his heirs, To save harmless from any damage hapning by reason of the joynt Estate. executors, or administrators, or some, or one of them, shall and will from time to time, and at all times hereafter, save and keep harmless the said A. B. his heirs, executors, and administrators, his and their lands and goods, of and from all manner of damage, loss and hinderance which shall or may hereafter happen to arise or grow, for or by reason of the said joynt estate, setled and raised by the said A. B. & T. B. in Trust for the said A. B. as aforesaid.
An Acquittance for money paid in part of a Purchase. Quinto die D. &c.
REceived by me T. H. the day and year above-written of T. B. the sum of, &c. as part of the [Page 89] money agreed to be paid for the purchase of certain lands in F. in Com. L. according to certain articles of agreement indented, bearing date, &c. made between, &c. In witness, &c.
The manner of indorsing an Attornment of Tenants.
MEmorandum, That R. C. of, &c. assignee of H. G. &c. and the rest of the Tenants and Farmors of the premisses within mentioned, by vertue of several Leases thereof made unto them, by the within named W. G. did severally Attorn and become tenants of, and for their several and respective interests in the premisses to the within-named C. G. this present tenth day of, &c. and the said several tenants, & every of them, have given unto the said C. G. one penny in the name of Attornment, in the presence of, &c.
A Release of interest in Lands.
TO all, &c. R. E. of, &c. sendeth Greeting; Know ye that the said R. E. for and in consideration of the sum of, &c. to him in hand paid by T. H. of, &c. hath given, granted, remised, released, and quite claimed, and by these presents doth, &c. unto the said T. H. all his estate, right, title, interest, term of years, claim and demand whatsoever, which he the said now hath, or may claim to have, of, in, or to one messuage or tenement, with the appurtenances, commonly called or known by the name of, &c. scituate, lying, and being in, &c. and of and in all the lands, tenements, and hereditaments whatsoever to the said messuage or tenement belonging, or appertaining, or to, or with the same now used, occupyed or enjoyed. In witness, &c.
A Condition to save a Surety harmless from a Recognizance.
THe condition, &c. That whereas the said I. C. and A. G. together with the above-bounden R. P. and for him by Recognizance acknowledged before Mr. T. G. one of the Kings Majesties Justices of the Peace for the County of, &c. the said R. P. hath acknowledged to our Soveraign Lord the King, twenty pound; and the said A. G. twenty, and the said I. C. twenty pound. That he the said R. P. shall from henceforth for ever keep his Majesties peace towards one W. B. &c. as by the said Recognizance entred into, as aforesaid, at large appeareth; If therefore the said R. P. his, &c. from time to time, and at all times hereafter, do clearly acquit, discharge, and save harmless the said I. C. his, &c. and all his and their lands, tenements, goods and chattels, and every of them, as well against our said Soveraign Lord the Kings Majesty, his Heirs and Successors, as against all and every other person and persons, of, for, or concerning the said sum or penalty of, &c. and also of all other costs, charge, and troubles that may futurely come or arise, for or concerning the same; that then, &c.
A Disavowment of a Suit.
TO all, &c. I. L. of, &c. sendeth greeting, &c. Whereas a Suit hath been of late Commenced and Prosecuted for me, and in my name, in his Majesties Court of upper Bench at Westminster, against M. L. for, &c. (setting down for what) which said Suit as yet dependeth in the said Court. Now know ye, that the said Suit was commenced, and is prosecuted [Page 91] without any warrant and allowance of me, and I therefore do hereby renounce and disavow the said Suit, and all and every other suit or suits attempted or prosecuted against the said M. L. for me and in my name, for or by reason of the said bond, or any other cause or matter whatsoever. In, &c.
Warrant for the keeping of a Court.
VVHereas I have received direction from the Right Honourable R. E. of D. to hold a Court Baron for his Lordships mannor of S. within, &c. These are to let you understand that I have appointed the 9. day of, &c. next being Tuesday, for the holding of the said Court, at or in the Hall of the said M. house, and do therefore hereby request and require you to give notice of the said time and place appointed for the holding of the said Court unto all and every the Suitors and Tenants of the said Mannor, and that you warne them and every of them to be then and there present by 8. of the clock in the fore-noon to give their attendance; And that also at the time and place aforesaid you return before me a Jurie of the Suitors and Tenants of the said M. to enquire of such matters as shall be by me given to them in charge, and hereof, &c. given under my hand and Seal, &c.
An Indenture of Covenants between Executors.
THis Indenture made, &c. between E. C. of, &c. on the one part, and W. A. of, &c. on the other part. Whereas A. W. widow late deceased, Recital of the Will. by her last Will and Testament in writing, named, ordained and constituted the said E. C. and W. A. to be Executors [Page 92] of the same her last Will and Testament, as by the same Will and Testament amongst other things appeareth; Now this indenture witnesseth, That it is mutually covenanted and agreed by and between the said parties to these presents in manner and forme following. And first the said E. C. doth covenant, To renounce executorship. &c. That he the said E. C. shall and will before the end of Michaelmas terme next ensuing the date hereof, if he shall be thereunto required by the said W. A. his Executors or Assignes in due forme of Law, and at the costs and charges in the Law of the said W. A. his, &c. refuse and renounce his said Executorship. And the said E. C. doth further covenant, Not to meddle with the goods. &c. That neither he the said E. nor his Executors, nor Administrators shall or will intermeddle with the Administration of any part of the money, Plate, Debts, Credits and other the goods and chattels of the Testator, without the consent of the said W. A. his, &c. but shall and will from Time to Time and at all Times hereafter, permit and suffer the said W. A. his, &c. to administer all such moneys, debts, credits and other the goods and chattels of the said Testator, without the let, trouble, interruption or disturbance of the said E. C. his, &c. or of any other person or persons whatsoever, lawfully claiming by, from or under the said E. C. or by his means, privity or procurement. And also that neither he the said E. C. nor his, Not to release a Creditor. &c. shall at any Time hereafter make, or cause to be made any release, acquittance or other discharge to any persons, for or concerning any of the debts, credits, goods or chattels of the said Testator, nor shall do [Page 93] or suffer, or cause to be done and suffered, any Act or Acts, Thing or Things, in or about the Execution of the said last Will and Testament, without the assent, consent, and agreement of the said W. A. his, &c. And the said W. A. in consideration of all and singular the premisses, doth Covenant, To save harmelesse. &c. That he the said W. A. his, &c. shall and will from time to time, and at all times hereafter, defend, discharge, and save harmelesse the said E. C. his, &c. against all and every person and persons whatsoever, of, for and concerning all and all manner of Actions, suits and demands hereafter to be had, made or brought against the said E. C. his, &c. for or by reason of the said Executorship, or the said last Will and Testament. And that the said W. A. his, &c. shall and will from time to time, To pay all charges. and at all times hereafter, pay and satisfie unto the said E. C. his, &c. all such costs, charges, and expences as the said E. C. his, &c. shall at any time hereafter be put unto, for or by reason of any cause, matter or thing, touching or concerning the said Executorship, or the said last Will and Testament of the said A. W. And the said W. A. doth further covenant, To performe the Will. &c. That he the said W. A. his, &c. shall and will well and truly fulfil, accomplish, and perform the said last Will and Testament of the said A. W. and well and truly content and pay all and every the Legacies, guifts, and bequests contained and specified in the same last Will and Testament, according to the Tenor, Purport, and true meaning of the same. In witnesse, &c.
An Indenture in Consideration of Marriage in lieu of Joynture.
THis Indenture made, &c. between M. F. of the one part, and I. I. and I. F. of the other part. Witnesseth that the said M. F. for and in consideration of a Marriage, heretofore had and solemnized between the said M. F. and C. his now wife, and for and in full satisfaction and recompence of such Joynture or Dower as she the said C. shall have or challenge, out of, or in, or to all or any of the Messuages, Lands, Tenements or Hereditaments of the said M. F. in case the said C. shall survive and overlive the said M. F. And for the continuance, settling and establishing of the said Messuages, Lands, Tenements and Hereditaments hereafter mentioned, in the name, blood and kindred of the said M. F. so long as it shall please Almighty God, and for divers other good causes and considerations him the said M. F. hereunto moving: Doth covenant, &c. That he the said M. F. and his heirs, and all and every person and persons, and their Heirs now standing, or being seized, or which at any time hereafter shall stand or be seized of, or in all that Capital Messuage, with the Appurtenances commonly called or known by the name of H. in B. aforesaid, in the said County of S. in the tenure or occupation of the said M. F. or his Assinges, and of and in all and singular the Lands, Tenements, Meadowes, Pastures, Feedings, Commons, Woods, Underwoods and Hereditaments whatsoever, with their and every of their Appurtenances to the said capital Messuage or Tenement, belonging or appertaining, or to or with the same at any time heretofore used, occupied or enjoyed, as part, parcel or member thereof, [Page 95] shall and will from henceforth stand and be seized thereof, To stand seized. and of every part and parcel thereof, to the uses, intents and purposes hereafter mentioned; That is to say, To the use and behoof of the said M. F. and C. his wife, and their Assignes, for and during their natural lives, and the life of the longer liver of them without impeachment, of or for any manner of waste, The Uses. and from and after the decease of the Survivor of them the said M. and C. then to the use and behoof of the Heirs of the body of the said M. F. and C. lawfully begotten, and for default of such Issue, then to the use and behoof of the right heires of the said M. F. for ever. And the said M. F. doth further covenant, &c. That he the said M. F. at the time of the sealing and delivery of these presents, To have power to raise uses. is and standeth seized of a good, perfect and indiffeazible estate in Fee-simple, of and in the said Messuages, Lands, Tenements, and Hereditaments, and of and in every part and parcel thereof, and that he hath lawful power and authority by these presents, to raise, limit and appoint the aforesaid several uses and estates, and that all and singular the premisses, with their and every of their Appurtenances, now are, and so at all times, and from time to time hereafter shall be, remain and continue unto the uses, intents and purposes before, Discharged of Incumbrances. in and by these presents limitted, expressed and declared, free and clear, and freely and clearly acquitted and discharged of and from all and all manner of former and other Bargaines, Sales, Gifts, Grants, Leases, Joyntures, Dowers, Wills, Intails, &c. and of and from all other Titles, Troubles, Charges and Intumbrances whatsoever. In witnesse, &c.
Words to be used upon the Delivery of Possession.
I do deliver you Possession and seizin of this house, or of this parcel of Land, in the name of all the rest contained in this Deed or Indenture; To hold to you and your Heirs and Assignes for ever, according to the Tenor, form and effect of this present writing or Indenture.
A Conveyance of Land by three Co-heires, and their Husbands, well pend.
THis Indenture made the Twentieth day of March, in the Tenth yeare of the Raign of our Soveraign Lord Charles, by the grace of God, of England, Scotland, France and Ireland King, Defender of the faith, &c. Between W. S. of B. in the County of B. Husbandman, and I. his wife, W. M. of L. R. in the parish of Princes Risborough, in the said County husbandman, and A. his wife, and F. W. of P. R. aforesaid, in the said County Husbandman, and A. his wife, and E. A. of the parish of P. R. aforesaid, The Consideration. and S. his wife on the one part, and I. M. of H. aforesaid, in the said County husbandman, on the other part; Witnesseth: That the said W. S. and I. his wife, W. M. and A. his wife, and F. W. and A. his wife, for and in Consideration of the summe of one hundred and Ninty pounds of currant money of England, to them the said W. S. I. his wife, W. M. and A. his wife, F. W. and A. his wife, E. A. and S. his wife by the said I. M. in hand paid before the insealing hereof, the receipt whereof the said W. S, [Page 97] &c. do hereby acknowledge, and thereof do joyntly and severally exonerate and discharge the said I. M. his Heirs, Executors and Administrators, and every of them, for ever by these presents. The Grant. And for other good causes and considerations them moving, have granted, aliened, bargained, fold, infeoffed, and confirmed, and by these presents for them and their heirs, do joyntly and severally Grant, Alien, Bargain, Sell, Infeoffe and Confirm unto the said I. M. his heirs and assignes for ever, All that Messuage, Tenement, or dwelling house, with the appurtenances scituate, lying and being, at or near a place called W. A. in the parish of B. alias B. in the said County of B. wherein the said W. S. now dwelleth, and wherein one W. W. deceased, Father of them the said I. A. and A. did lately dwell and inhabit, and all those five several Closes of Arable Land, Meadow, pasture and wood-ground belonging to, or used with the said Messuage, Tenement and dwelling house, lying and being in the Parishes of B. aforesaid, W. and H. or in some or one of them in the said County of B. And also all and singular houses, edifices, buildings, barns, stables, yards, back-sides, Orchards, gardens, lands, tenements, meadows, pastures, feedings, Commons, Common of Pasture, Wayes, Easments, Passages, Profits, Commodities, Advantages, Emoluments, Hereditaments and Appurtenances whatsoever, to the said Messuage, Tenement or dwelling house and premisses, or to any of them belonging, or in any wise appertaining, or accepted, reputed, taken, known or demised, letten, used, occupied or enjoyed as part, parcel or member thereof. And all other the Lands, [Page 98] Tenements and Hereditaments whatsoever of them the said W. S. and I. his wife, W. M. F. W. E. A. and every and either of them, scituate, lying and being within the parishes of B. W. and H. aforesaid, or in any or either of them: And also all the estate, right, title, interest, use, possession, reversion and reversions, remainder and remainders, rent and rents, claim and demands whatsoever of them the said W. S. and I. his wife, W. M. F. W. E. A. and every and either of them, of, in and to the said Messuage, Tenement or dwelling house, Closes, Lands, and all other the premisses, and of, in, and to every part and parcel thereof, with their and every of their Appurtenances: And all writings, Evidences, Deeds, Charters, Fines, escripts and myniments whatsoever, concerning the premisses, or any part thereof; And true Copies of all such writings and evidences as do concern the premisses, or any part thereof, with any other Lands, Tenements or Hereditaments which now be in the hands, custody or possession of them the said W. S. W. M. F. W. E. A. or any or either of them, or which they, or any of them may lawfully get or come by without suit in the Law, the same copies, and every of them to be copied and written out at the costs of the said I. M. his heirs or assignes; The Habendum. To have and to hold the said Messuage, Tenement or dwelling house, closes, lands, and all other the premisses, with their Appurtenances unto the said I. M. his heirs and assignes, To the only proper use and behoof of the said I. M. his heirs and assignes for ever: And the said W. S. W. M. F. W. and E. A. for them and their heirs severally, and not joyntly, nor one for the other, the said [Page 99] Messuage or Tenement, closes, lands, and all other the premisses, Warranty. with the appurtenances unto the said I. M. his heirs against them the said W. S. W. M. F. W. E. A. and every of them, their and every of their heirs and assigns, Shall and will warrant, and hereby do joyntly and severally grant to warrant, and for ever defend by these presents; And further the said W. S, &c. for themselves severally, and not joyntly, nor one for the other, and for their and every of their several and respective heirs, Executors and Administrators, and for every of them, do and doth Covenant, promise and grant to and with the said I. M. his heirs and assigns, and to and with every of them by these presents, that they the said W. S, &c. for and notwithstanding any Act or thing by them or any of them, done or suffered to the contrary, now are, or some of them is, Seized in Fee. and at the time of the first executing an estate of the premisses, with the appurtenances unto the said I. M. shall be lawfully and absolutely seized in their or some of their demeasn, as of Fee-simple to them and their heirs, or to some of them and their heirs, of and in all and every the premisses with the Appurtenances; And that for and notwithstanding any such Act or thing by them the said W. S, &c. or by any or either of them done or suffered to the contrary as aforesaid, they the said W. S, &c. now have, Power to alien. or some of them now have or hath, and shall have good right, full power, and lawful Authority to grant, bargain, sell and convey the said Messuage and premisses, with the appurtenances unto the said I. M. his heirs and assigns, according to the intent and meaning of these [Page 100] presents, And that the said Messuage, Tenement or dwelling house, closes, lands, and all other the premisses with the appurtenances, Freed from Incumbrances. now are, and so shall and may for ever hereafter remain, continue and be unto the said I. M. his heirs and assignes, free and freely, and clear and clearly Acquitted, Exonerated and discharged of and from all and all manner of former and other bargains, sales, guifts, grants, leases, joyntures, dowers, uses, wills, intails, Annuities, Statutes-Merchant, and of the Staple, Recognizances, Bonds, Judgements, Executions, Extents, Condemnations, Rents, Arrerages of Rents, Intrusions, Forfeitures, Issues, Amerciaments, and of and from all other Estates, Titles, Troubles, Charges and Incumbrances whatsoever had, made, committed, done or suffered by them the said W. S, &c. or by any or either of them, or by their or any or either of their means, assent, consent or procurement; The rents and services from henceforth to be due and payable for the premisses, to the chief Lord or Lords of the Fee or Fees of the premisses, for and in respect of their Seigniories of the same, only excepted and sore-prized. And that he the said I. M. his heirs and assignes, Quiet enjoying. and every of them, shall and may for ever hereafter, quietly and peaceably have, hold, occupy, possesse and enjoy the said Messuage, Tenement or dwelling house, closes, lands, and all other the premisses with the appurtenances, without the let, suit, trouble, disturbance, denyal, molestation interruption or eviction of them the said W. S, &c. and every and either of them, their and every and either of their heires and assigns; [Page 101] And without the let, suit, molestation, interruption or eviction of all and every other person or persons whatsoever, lawfully claiming, by, from or under them, or any or either of them, their or any or either of their estate, right or title; And also that they the said W. S, &c. their heirs and Assignes, Further assurance. and every and either of them shall and will from time to time, and at all times hereafter, during the space of seven whole yeares next ensuing the date hereof, at the request and costs in Law of him the said I. M. his heirs and assignes, do make, suffer, acknowledge and execute, and cause and procure to be done, made, suffered, acknowledged and executed, all and every such further and other lawful and reasonable act and acts, thing and things, device and devices, assurance and assurances in the Law whatsoever, for the further, better and more perfect assurance, surety, sure-making, and Conveying of the said Messuage, Tenement, or dwelling house, closes, lands, and all other the premisses with the appurtenances unto the said I. M. his heirs and assignes; Be it by Fine, Feoffment, Release, Confirmation with Warranty of them the said W. S, &c. their and every or any of their heires and Assignes, Recovery or Recoveries, with single or double voucher or vouchers, deed or deeds, enrolled or not enrolled, the enrolment of these presents, or by all or any the said wayes or means, or by any other lawful or reasonable wayes or means in the Law whatsoever without warranty, or with the like warranty as aforesaid, as by him the said I. M. his heirs or assignes, or his, their or any of their Counsel learned in the Laws, shall be reasonably devised, or advised and required; All which further or other assurance, [Page 102] by fine or otherwise shall be and enure, and hereby are and shall be adjudged, deemed and taken to be and enure, To the only proper use, and behoof of the said I. M. his, &c.
An Indenture of Bargain and Sale of a Messuage and Lands, in consideration of a surrender of a Lease of other Lands with good Covenants.
THis Indenture made, &c. between R. D. of T. in the County of, &c. Whereas the said K. C. now holdeth by Lease for certain yeares yet to come, one Messuage or Tenement with the appurtenances thereunto belonging, wherein the said K. C. doth now inhabit and dwell, scituate and being in F. aforesaid; and divers closes, lands, meadows, pastures, woodgrounds, and hereditaments thereto belonging or appertaining, lying and being in F. aforesaid, the Reversion and Inheritance in Fee-simple of which said Messuage, Lands and premisses now being in, and belonging unto them the said R. D. and I. P. and their heirs; And whereas the said K. C. hath, and hereby doth Surrender up, grant, bargain, and sell all her right, title, estate, interest, term for years, claim and demand whatsoever of her the said K. C. of, in and to the said Messuage or Tenement, Closes, Lands, Wood-grounds and premisses in the said Lease particularly mentioned and expressed, and hath delivered up the said Lease to be Cancelled unto them the said R. D. and I. P. in consideration of which said Surrender and grant, made by the said K. C. as aforesaid; the said R. D. hath upon the ensealing hereof paid unto her the said K. C. the sum of 35. pound of currant money of England, the receipt whereof the said K. C. [Page 103] doth hereby acknowledge, and there of doth acquit him the said R. D. his Heirs, Executors and Administrators, and every of them by these presents. And whereas the said R. D. in further Consideration of the said Surrender of the said lands and premisses made as aforesaid, hath agreed to and with the said K. C. that he the said R. together with the said I. P. should and would passe and convey unto her the said K. C. her heirs and Assigns for ever, All that tenement or cottage with the appurtenances, scituate and being in F. wherein the said K. C. doth now inhabit, and all Houses, Edifices, Buildings, Barns, Stables, yards, back-sides, orchards, gardens, lands, tenements, hereditaments and appurtenances whatsoever, thereunto belonging or appertaining, or now used therewith. Now this Indenture witnesseth, That the said R. D. and I. P. in consideration of the said Surrender of the said lands and premisses made by the said K. C. as aforesaid, and in performance of the said Agreement made with the said R. D. as aforesaid, have bargained, sold, aliened, infeoffed and confirmed, and by these presents, do joyntly and severally grant, bargain, sell, alien, infeoffe and confirm unto the said K. C. her heirs and assignes, All that the said cottage or tenement with the appurtenances, wherein the said K. C. doth now inhabit, scituate and being in F. aforesaid, And all Houses, Edifices, Buildings, Barns, Stables, Yards, Back-sides, Orchards, Gardens, Wayes, Easments, passages, profits, Commons, Commodities, Lands, Tenements, Hereditaments, and appurtenances whatsoever, thereunto belonging or appertaining, and now used therewith, and also all the estate, right, title, interest, claim and demand whatsoever of them the said R. D. and [Page 104] I. P. and either of them, of, in, and to the said cottage or tenement, lands and premisses hereby bargained and sold, or mentioned or intended to be bargained and sold, and every of them; All which premisses are in the Occupation of the said K. C. or her assignes: To have and to hold the said cottage or tenement, and all other the premisses with their appurtenances, hereby bargained and sold, or mentioned to be bargained and sold unto the said K. C. her heirs and Assignes, To the only proper use and behoof of the said K. C. her Heirs and Assigns for ever. And the said R. D. for himself, his heirs, Executors and Administrators, & for every of them by these presents, doth covenant and grant to and with the said K. C. her, &c. That they the said R. D. and I. P. for and notwithstanding any act or thing by them or either of them done or suffered to the contrary, now are seized in Fee-simple to them and their heirs of and in the said Cottage or Tenement and premisses. And that notwithstanding any such act or thing by them or either of them done or suffered to the contrary as aforesaid, they now have, and at the time of executing an estate of the premisses by force of these presents, shall have good right, and lawful authority to bargain, sell, and convey the said Cottage, or Tenement and premisses with the appurtenances unto the said K. C. her heirs and assignes, according to the intent of these presents: And that the said Cottage, or Tenement and premisses, and every of them now are, and so shall for ever hereafter remain, continue, and be unto the said K. C. her heirs and assignes, freed and discharged from all charges and Incumbrances whatsoever, had, made, committed or done by them the said R. D. and I. P. or either of them; [Page 105] or by their or either of their Act, means, consent, or procurement: And that she the said K. C. her heirs and assignes, and every of them, shall or may for ever hereafter, quietly and peaceably, have, hold, occupy, possesse and enjoy the said Cottage or Tenement, and all other the premisses with their appurtenances, without the let, suit, trouble, disturbance, denial, molestation, interruption or eviction of them the said R. D. and I. P. and either of them, their and either of their heirs and assigns, and of all and every other person and persons whatsoever, lawfully claiming by, from or under them or either of them, their or either of their estate, right, or title; And also that they the said R. D. and I. P. their heirs and assigns, and every of them, shall and will from time to time and at all times during the space of three years next ensuing the date hereof, at the request and costs of the said K. C. her heirs or assignes, further do, make, suffer, acknowledge and execute all and every such further and other lawful and reasonable act and thing, for the further, better, and more perfect assuring and conveying of the said Cottage or Tenement and premisses with the appurtenances unto her the said K. C. her heirs and assigns; Be it by Fine, Feoffment, release, or otherwise with warranty of them the said R. D. and I. P. and their heirs, against them their heirs or assigns, or without warranty, as by her the said K. C. her heirs or assignes, or her, their or any of their Councel learned in the Laws, shall be reasonably devised [...]or advised and required; All which further or other assurances, by fine or otherwise shall be and enure, and shall be adjudged, deemed and taken to be and enure, to the only proper use and behoof of her the said K. [Page 106] C. her heirs or assignes, subject to the proviso hereafter expressed, Viz. Provided alwayes, and upon Condition that if the said Messuage or Tenement, Lands and premisses, or any of them herein before mentioned to be demised to them the said R. D. and I. P. their heirs and assignes shall at any time hereafter be evicted from them the said R. D. and I. P. their heirs or assigns, or any of them, for or by reason of the said Lease made as aforesaid by the said A. or by any other claiming under his estate, for or by reason of the said Lease or otherwise, that then immediately uppon and after such eviction, this Indenture of bargain and sale, and all and every matter and thing herein contained, shall cease and be utterly void to all intents and purposes; This Indenture, or any thing herein contained to the contrary thereof in any wise notwithstanding. In witnesse whereof, &c.
A Lease of Lands, with exception of Woods, well pend.
THis Indenture made, &c. between T. L. of, &c. of the one part, and R. L. of, &c. on the other part; Witnesseth that the said T. L. for and in consideration of the yearly rent & Covenants hereby reserved, and for other good causes and considerations him moving: Hath demised, set, The Demise. and to farm-letten, and by these presents doth demise, set, and to farmlet unto the said R. L. his Executors and Assignes, all those Closes and grounds called or known by the name or names of M. and B. late in the tenure of I. B. his Assignee or Assignees, lying and being in P. aforesaid (except all Woods, Under-woods, Timber and Trees, growing or to [Page 107] be growing on the premisses or any of them, with free liberty of ingresse, egresse, and regresse to and for the said T. L. his heirs, Executors and Assignes, & every of them at all times to fell, sell, cut down and carry away all or any the said woods, timber and trees, at his and their free wills and pleasures) and also except all that Copice or wood-ground, lying and being in P. aforesaid, now in the occupation of the said T. L. and all woods and underwoods, growing or to be growing on the said Copice or wood-ground, with free liberty and power to and for him the said R. L. his Executors and Assigns, from time to time, during the term hereby demised to fell, sell, or otherwise dispose of the same at his and their free wills and pleasures, without impeachment of waste (except and alwayes reserved unto the said T. L. his heirs, Executors and Assignes, all hedges, and all such trees as grow in any the hedges about the said Copice, or within one foot of any the hedges about the same) and all wayes, Easments, passages, profits, Commons and Commodities, to the said Closes and premisses, or any of them belonging or appertaining (except before excepted) To have and to hold the said Closes, Habendum. Copice or grove, and all other the premisses, with their and every of their Appurtenances (except before excepted) unto the said R. L his Executors, Administrators and Assigns, from the Feast of St. Michael the Arch-Angel next ensuing the date hereof, for the term of fifteen years from thence next ensuing, fully to be compleat and ended. Reddendum. Yielding and paying therefore to the said T. L. his heirs, Executors and Assigns at the Feast of, &c. the Rent and summe of 13. pound of currant money [Page 108] of England, and one couple of good fat Capons. And also yielding and paying at the Feast of St. &c. the Rent or summe of 15. pound and 9. shillings of currant money of England, and also from and after the said Feast of St. &c. Yielding and paying yearly, and every year during the said term, the summe of 30. pound and 18. shillings of currant money of England, at the Feasts of, &c. by even and equal portions, and one couple of good fat Capons yearly, and every year, or five shillings in lieu thereof at the Election of the said T. L. his heirs, Executors and Assigns at the Font-stone in the Inner-Temple Church London. And if it shall happen the said yearly Rent or sums of money, or any of them, to be behind and unpaid, The distresse. next after any or either of the said Feasts or dayes of payment, whereon the same ought to be paid as aforesaid, that then at all times it shall and may be lawful to and for the said T. L. his heirs, Executors and Assigns, and every of them to enter into, and upon all and every, or any the demised premisses, and to distrain for the same, and the arrerages thereof, if any happen to be, and the distresse and distresses there had and taken to lead, drive, take, and carry away, and the same with him and them to detain and keep untill the said yearly Rents and every of them, and the arrerages thereof, if any happen to be unto the said T. L. his heirs, Executors and assigns, shall be contented and paid. Proviso to re-enter for non-ment of rent. Provided alwayes, and upon condition that if the said yearly Rents hereby reserved, or any of them shall be behind and unpaid by the space of 30. dayes next after any or either of the said Feasts or dayes of payment, [Page 109] whereon the same ought to be paid as aforesaid; That then and at all times from thenceforth it shall and may be lawful to and for the said T. L. his heirs, Executors and Assigns, and every of them into and upon all and every the demised premisses to re-enter, and the same to have again, retain, re-possesse and enjoy as in his and their first and former estate and right, this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding: And the said R. L. for himself, his heirs, Executors and Administrators, and for every of them, doth Covenant and grant to and with the said T. L. his heirs, executors and assigns, and every of them by these presents, Not to crosse-crop. that he the said R. L. his Executors and Assigns at any time, or in any year during the said term, shall not, nor will Crosse-crop the demised premisses, or any part thereof; And also that he the said R. L. shall and will yearly, during the said term in Husband-like manner lay on and bestowe upon the premisses, or some part thereof, To pay Duties. as much Compost and Dung as the Stover and Fodder growing on the premisses, will or may make, and also shall and will, during the said term, beare, pay, and discharge all manner of payments and duties whatsoever that shall or may any wayes grow due or payable, for or by reason of the demised premisses, or any of them to the State or otherwise, and thereof, and therefrom shall and will acquit and discharge the said T. L. his heirs, Executors and Assigns; And also that he the said R. L. his Executors and Assigns, from time to time, and at all times during the said term, shall and will well and sufficiently [Page 110] make, amend, keep, clense and scoure all and every the hedges, To Repair. ditches, pales, gates, stiles, fences, and mounds, upon and about the demised premisses, and every of them, and the same being well and sufficiently made, amended, kept, clensed and scoured in the end, or other sooner determination of the term hereby demised, shall and will leave and yield up unto the said T. L. his Executors and Assigns; And also shall not, Not to assign without Lycence. nor will demise, grant, assign, or let the premisses, or any part or parcel thereof, or depart with his estate therein, to any person or persons whatsoever, without the Licence and consent of the said T. L. his heirs, Executors and Assigns, under his or their hands in writing, therefore had and obtained; And also shall and will pay all and every the yearly Rents and summes of money hereby reserved, according to the Reservations aforesaid: And the said T. L. for him, The lesse to enjoy performing Covenants. his heirs, Executors and Assigns, and every of them, doth covenant and grant to and with the said R. L. his Executors and Assigns by these presents, That he the said R. L. by and under the Rents, Covenants and Agreements herein contained, and on his and their parts to be paid, done and performed, shall and may during the said term, quietly and peaceably have, hold, occupy and enjoy all and every the demised premisses (except before excepted) without the let, suit, trouble, molestation, Interruption or Eviction of him the said T. L. his heirs, Executors and Assigns, and of all and every other person and persons whatsoever, lawfully [Page 111] claiming by, from or under him the said T. L. his Estate or Title. In witnesse whereof, &c.
An Assignment of a Lease, forfitted upon a Mortgage.
THis Indenture made, &c. between I. S. of P. and G. E. &c. on the one part, and T. L. of, &c. on the other part. Whereas the said I. S. by his Indenture of Lease, Reciting of the Lease. bearing date the 24. of May, in the twefth year of the Raign of our said Soveraign Lord that now is, for the Consideration therein expressed, did demise, and grant unto the said G. E. all those parcels of Land, arable, pasture and woodground, lying and being in E. in the County of M. hereafter particularly mentioned; (That is to say,) one parcel of Arable, containing by estimation 4. acres, &c. together with free liberty of ingresse, egresse, and regresse, way and passage into, and from the same several Lands and premisses, and every of them; And also all other the Lands, Tenements and Hereditaments whatsoever of him the said I. S. in E. aforesaid, and to him the said I. S. and his heirs, bargained and sold by M. F. widow, by Indenture dated the, &c. and inrolled in his Majesties Court of Chancery, and the Reversion and Reversions, Remainder and Remainders of all and every the demised premisses, and every of them, and all pastures, Feedings, Commons, Woods, Under-woods, Wayes, Water-courses, Easments, Commodities, Advantages, and appurtenances thereunto belonging or appertaining, and all Writings, Deeds and Evidences [Page 112] concerning the said premisses or any of them: To have and to hold the said several pieces and parcels of Land, arable, pasture, and woodground, and all other the premisses, with their and every of their appurtenances unto the said G. E. and his assigns, from the day of the date of the said recited Indenture of Lease unto the full end and term of two hundred years from thence next ensuing, and fully to be compleat and ended without Impeachment of any manner of waste, by and under the yearly Rent of one Pepper Corn if it were demanded, with Conditions therein contained, that if the said I. S. his heirs, Executors, Administrators and Assignes, should pay unto him the said G. E. his Executors or Assigns, the sum of 100. pound of currant money of England, on, &c. according to the Condition of a Surrender of certain Copy-hold-lands, dated the day of, &c. that then from thenceforth the said recited Lease to be void; as by the said recited Indenture of Lease it doth and may appear. And whereas the said I. S. did not, nor hath paid the said moneys according to the said Proviso and Condition, That the premisses were forfeited. by reason whereof the said Lands and premisses are absolutely come unto and vested in him the said G. E. for all the rest and residue of the said term of 200. years by the foresaid lease, demised and granted as aforesaid: Now this Indenture witnesseth, That the said G. E. at the request, and by the appointment of the said I. S. and for and in consideration of the summe of 100. pound of currant money of England to him in hand paid by the said T. L. and the said I. S. for and in Consideration of the summe of 100. pound of currant money to him by the said T. L. in hand [Page 113] paid by the said T. L. the receipts of which several summes of money they the said G. E. and I. S. do hereby severally acknowledge, and thereof do severally acquit and discharge the said T. L. his Heirs, Executors, Administrators and Assignes, and every of them for ever by these presents, Have demised, granted, The Assignment. bargained, sold, assigned and confirmed, and by these presents do joyntly and severally demise, grant, bargain, sell, assign and confirm unto the said T. L. his Executors and Assigns, all those the foresaid several parcels of land, pasture, and wood-ground, lately stocked up, and premisses with their appurtenances in the said recited Indenture of Lease mentioned and expressed, and all their, and either of their estate, right, title, interest, term for years, claim and demand whatsoever of them the said G. E. and I. S. therein and thereunto, together with the said recited Indenture of Lease: To have and to hold all and every the said several pieces and parcels of land, The Habendum. pasture, and wood-ground with their appurtenances unto the said T. L. his Executors, Administrators and Assigns, for and during all the rest and residue of the said term, and now to come and unexpired, in as full and ample manner, to all intents and purposes as they the said G. E. and I. S. or either of them, may or might hold or enjoy the same, by vertue of the said recited Indenture of Lease, or otherwise howsoever; And the said G. E. A Covenant to enjoy the Remainder of the term. for himself, his, &c. doth Covenant and grant, &c. that he the said T. L. his Executors and Assigns, shall and may at all times during the said [Page 114] term or residue of the said term and number of years now to come and unexpired, quietly and peaceably have, hold, occupy and enjoy all and every the said parcels of land, pasture and wood-ground with their appurtenances, without the let, suit, trouble, Expulsion or Eviction of him the said G. E. his Executors and Assignes, and of all and every other person and persons whatsoever, lawfully claiming by, from or under him the said G. E. his estate or title, and absolutely freed and discharged from all charges and incumbrances whatsoever, done or suffered by him the said G. E. or by his means, Act or procurement. A Covenant if the number of Acres be wanting, so much money to be re-paid. And the said I. S. for himself, his, &c. ut supra. That in case the said lands, wood-grounds and premisses hereby mentioned to be assigned, together with other parcels of Copyhold Lands of the said I. S. lying in E. aforesaid, and by him the said I. S. sold to him the said T. L. and his heirs, shall fall out and appear to be under the quantity of 24. Acres, at which quantity the same is now sold, and estimated unto him the said T. L. That then he the said I. S. his Executors and Assignes, shall pay and allow unto him the said T. L. so much moneys, and after the rate of 12. pound for every acre, and after that rate for a greater or lesser quantity, then one acre that shall want of the said quantity and number of 24. acres. To enjoy against the Montgaiger. And also that he the said T. L. his, &c. shall and may quietly and peaceably have, hold, possesse and enjoy all and every the said lands and premisses with their appurtenances, without [Page 115] the let, suit, trouble, disturbance, molestation, interruption or eviction of him the said I. S. his Heirs, Executors and Assigns, and of all and every other person and persons whatsoever, lawfully claiming by, from or under him the said I. S. his estate or title, and absolutely freed and discharged from all fines, issues, amerciaments, forfeitures, and all and all manner of charges and incumbrances whatsoever made, done or suffered by him the said I. S. or by his act, means, neglect or procurement, the foresaid recited Indenture of lease made to the said G. E. only excepted, &c.
A Lease for three lives of a Messuage and Lands unto those that sold the same, it being so agreed upon sale thereof. Well pend.
THis Indenture made, &c. between I. B. of, &c. on the one part, and I. L. of, &c. and E. his wife, and I. L. his Sonne, on the other part. Whereas the said I. L. and E. his wife, by their Indenture of bargain and sale, dated the second day of October last past, Recital of the Lessees sale with agreement that the Lessor should make a Lease. for the Consideration therein expressed, and by other assurance in Law, have fold and conveyed unto the said I. B. his heirs and assignes for ever, all that Messuage or Tenement, with the appurtenances, wherein the said I. L. then did and now doth inhabit, scituate and being in L. M. aforesaid, and all those the Lands hereafter particularly mentioned and expressed, as by the said recited Indenture of bargain and sale, amongst other things therein contained, it doth and may appear: And whereas [Page 116] it was agreed between the said I. B. and the said I. L. at the time of the executing the said Conveyance, as in part of the bargain for the said Messuage and Lands, that the said I. B. should make a Lease of the said Messuages and Lands unto the said I. L. E. his wife, and the said I. his Sonne, for their lives successively, at the yearly Rent of 4. pound per annum. The Consideration. Now this Indenture witnesseth, That the said I. B. being about the age of 28. years, as well in performance of the said Agreement on his part made aforesaid, and of the yearly rent hereby reserved, and for other good causes and Considerations him moving; Hath demised, set and to farm-letten, and by these presents doth demise, The Demise. set, and to farm-let unto the said I. L. E. his wife, and the said I. all that the foresaid Messuage or Tenement with the appurtenances, wherein the said I. L. doth now inhabit and dwell, scituate and being in L. M. aforesaid, and all those the Lands hereafter particularly mentioned, (viz.) one half acre of Land, &c. mentioning the particulars, &c. Together with all Houses, Edifices, Buildings, Barns, Stables, Yards, Back-sides, Orchards, Gardens, Commons, Commodities, Wayes, Easments, Emoluments, Hereditaments, and Appurtenances whatsoever to the said Messuage or Tenement, and Premisses, or any of them belonging, or in any wise appertaining, and now used therewith (except all woods, timber and trees growing or to be growing on the premisses, or any of them; And also except all those four Cottages or Tenements heretofore built on part of the Orchard, belonging to the said Messuage or Tenement hereby demised, now being in the several [Page 117] tenures or occupations of R. E. T. F. W. R. and L. D. their Assignee or Assignees) To have and to hold the said Messuage or Tenement, and all other the premisses, with their aptenances, The Habendum. (except before excepted) unto the said I. L. E. his wife, and I. L. for and during the term of their natural lives, and the life of the longer liver of them, successively one after another as they are herein named: Yielding and paying therefore yearly, and every year during the said term hereby demised unto the said I. B. his heirs and assignes, the yearly Rent or summe of 4. pound of currant money of England, The Reddendum. at two Feasts or terms in the year most usual, viz. the Feast of, &c. to be paid at, &c. the first payment thereof at the Feast of the Annunciation of, &c. next ensuing; And if it happen the said yearly Rent, The Distresse. or any part thereof to be behind and unpaid by the space of eight days next after any or either of the said Feasts or days of payment, whereon the same ought to be paid as aforesaid; That then it shall and may be lawful to and for the said I. B. his heirs and assigns, and every of them to enter into and upon the said Messuage and Premisses, and every or any of them, and to distrain for the same, and the distresse and distresses there had and taken to lead, drive, take and carry away, and the same with him and them to detain and keep untill the said yearly Rent and the arrerages thereof, if any happen to be unto the said I. B. his heirs & assigns, shall be contented and paid: Covenant to repair. And the said I. L. E. his wife, and the said I. L. for themselves joyntly, [Page 118] and severally, and for every and either of them, their, every and either of their several and respective Executors, Administrators and Assignes, and every of them, do and doth Covenant and grant to, &c. That they the said I. L. E. his wife, and I. L. their several Executors, Administrators and Assigns, and every of them at their own proper costs and charges, in and by all things, shall and will well and sufficiently repair, maintain, uphold, keep, clense and scoure all and every the houses, buildings and edifices hereby demised, and now built on the premisses, and belonging to the same, and which at any time hereafter, during the term hereby demised, shall be erected and built upon the demised premisses, or any part thereof, and the hedges, ditches, fences, pales and mounds, upon and about the demised premisses, and every of them, well and sufficiently, shall make, keep, clense and scour, and the said Messuage or Tenement, houses and buildings which are, or at any time hereafter during the term hereby demised, shall be erected or built in or upon the same, or any part thereof, being so well and sufficiently repaired, maintained, upholden, kept, clensed and scoured in the end, or other determination of the said term hereby demised, shall and will leave and yield up unto the said I. B. his heirs and assignes; And also that they the said I. L. E. his wife, To view the defaults of reparations. and the said I. L. and every of them, and their and every of their assigns, shall and will permit and suffer him the said I. B. his heirs and assignes, together with three or four or fewer workmen, or other persons at their or any of their wills and pleasures, being at convenient times, [Page 119] twice every year quietly to enter into or upon the said Messuage or Tenement, and all other the demised premisses, to view and search whether the same be well and sufficiently repaired or not; To repair upon notice. And of all and every the default and defaults for want of Reparations then and there found, to give or leave notice in writing at the said Messuage or Tenement unto, or for the said I. L. and E. his wife, and the said I. L. to repair and amend the same, from time to time during the termes hereby demised, alwayes within the space of six months next after every such notice in writing so given or left as aforesaid; And also that neither they the said I. L. E. his wife, Not to Demise without licence. nor the said I. L. nor any, nor either of them, shall not at any time or times hereafter grant, bargain, sell, assign or set over, demise, let, or depart with the said Messuage and premisses, or any part or parcel thereof, or his, her, or their, or any of their right, title, interest, or estate in or to the premisses or any of them, without the special licence and consent of the said I. B. his heirs or assigns, under his or their hand in writing, therefore first had and obtained. Provided alwayes, Proviso upon non payment or non reparation to re-enter. and it is Conditioned by and between the parties to these presents; That if it shall happen the said yearly Rent, or any part thereof to be behind and unpaid by the space of twenty eight dayes next after any or either of the said Feasts or dayes of payment before mentioned or set down for payment thereof, contrary to the form aforesaid, the same being lawfully demanded, or if all and every the said default [Page 120] and defaults for want of Reparations, of or in the premisses, or any of them, at the time of such view or search as is aforesaid, shall be found, and whereof notice in writing shall be given or left to repair and amend the same, in manner and form aforesaid, shall not from time to time be well and sufficiently repaired and amended, all wayes within the space of six months after every such notice given or left in writing as aforesaid; That then, and at all times after in every the cases as aforesaid, it shall and may be lawful to and for the said I. B. his heirs and assigns, and every of them into and upon the said Messuage or Tenement, Lands and premisses, and every of them to re-enter, and the same to have again, retain, re-possesse and enjoy, as in this and their first and former estate; This Indenture, or any thing herein contained to the contrary thereof in any wise notwithstanding: And the said I. B. for him, his heirs and assigns, and for every of them, The Lessee to enjoy performing Covenants. doth Covenant, &c. by these presents, that they the said I. L. E. his wife, and the said I. L. by and under the yearly Rent, Covenants and Conditions in and by these presents reserved, and on their parts severally to be paid, done and performed according to the intent of these presents, shall or may peaceably and quietly have, hold, possesse and enjoy the said Messuage or tenement, lands, and all other the premisses, with their appurtenances, without the let, suit, trouble, disturbance, denial, molestation, interruption or eviction of him the said I. B. his heirs and Assignes, and of all and every other person and persons whatsoever, lawfully claiming by, from or under him [Page 121] the said I. B. his heirs or Assigns, or his, their, or any of their estate, right or title. In witnesse whereof, &c.
An Indenture reciting a Bargain and Sale of the Moity of a Mannor, &c. in trust for the use of another, the same is hereby reconveyed to the person trusting.
THis Indenture made, &c. between Sir W. B. of, &c. on the one part, brother and heir to H. B. Esq deceased, and W. E. of H, &c. on the other part; Whereas Sir I. W. of, &c. and I. F. of, &c. by their Indenture bearing date the second day of, &c. in the twelfth year of, &c. did alien, bargain, and sell unto the said H. B. and E. P. of, &c. all that Messuage or Tenement with the appurtenances, scituate and being in L. aforesaid, in the said County of, &c. all those, &c. And also Common of pasture, and feeding for such and so many horses, beasts, sheep, and other Cattel to be had and taken in and upon the Common Fields, Meadows, Pastures, and Commonable places in L. aforesaid, at such times and seasons of the year, and in such manner and form, as the Tenants and occupiers of the said premisses have before this time used to have and take the same, and also all and singular houses, edifices, &c. and also the Reversion and Reversions of all and singular the said premisses, and the yearly Rents thereupon reserved; To have and to hold the one Moity and half part of all the said Messuage or Tenement, and of the said four yard-lands of arable Land, Meadow and Pasture, and of all and singular other the said premisses whatsoever, with the appurtenances in and by the said recited [Page 122] Indenture bargained and sold, and of every part and parcel thereof to the said H. B. his heires and Assignes, to the only use and behoof of him the said H. B. his heirs and Assignes for ever; Which said grant, bargain and sale, for and concerning the said Moity, of all and singular the premisses before mentioned to be by the said recited Indenture, granted, bargained and sold to the said H. B. as aforesaid, was had and made to and in the name of the said H. B. by the Nomination and appointment of the said W. E. and in trust to the use of the said W. E. his heirs and Assigns. Now this Indenture further witnesseth, that the said Sir W. B. according to the said Trust, and at the request and desire of the said W. E. and for divers other good causes and Considerations, him thereunto moving; Hath aliened, bargained, sold, infeoffed and confirmed, and by these presents doth alien, bargain, sell, infeoffe and confirm unto the said W. E. his heirs and Assigns; All that the said Moity and half part of all the said Messuages, and of the said 4. yard-lands of arable Land, Meadow and pasture with their Appurtenances, and every part and parcel thereof, and all other the premisses whatsoever, in and by the said recited Indenture, bargained and sold unto the said H. B. or to his use as aforesaid, and also the Reversion and Reversions of all and singular the Moity and half part of all and singular the said premisses, and every part thereof, and the yearly Rents thereupon reserved due and payable; To have and to hold the said Moity and half part of all the said Messuage or Tenement, and of the said 4. yard-lands of arable Land, Meadow and pasture with their Appurtenances, and the Reversion and Reversions before specified in and by the said recited Indenture, bargained and sold to or [Page 123] for the use of the said H. B. as aforesaid, unto the said W. E. his heirs and Assignes to the only use and behalf of the said W. E his heirs and assigns for ever; And the said Sir H. B. for himself, his heirs, executors and administrators, and for every of them doth Covenant and grant to and with the said W. E. his, &c. That he the said Sir H. B. for and notwithstanding any Act or thing whatsoever by him, done or suffered to the contrary, now is, and at the time of the ensealing hereof, and of the first executing an estate by force of these presents, shall be lawfully seized in his Demeasn, as of Fee-simple to him and his heirs, of and in the Moity, and one half of the said Messuage or Tenement and premisses whatsoever, with the appurtenances in and by the said recited Indenture, bargained and sold to the said H. B. to his use as aforesaid, and that he the said Sir H. B. for and notwithstanding any Act or thing by him done or suffered to the contrary as aforesaid, now hath, and then shall have good right, full power, and lawful authority to bargain, sell and convey the said Moity of the said Messuage or Tenement and premisses, with the appurtenances in the said recited Indenture, bargained and sold unto him the said H. B. as aforesaid, unto the said W. E. his heirs and Assignes, according to the intent of these presents: And that he the said W. E. his heirs and assigns, shall or may for ever hereafter peaceably and quietly have, hold, occupy, possesse, and enjoy the said Moity of the said Messuage, or Tenement and premisses, with the appurtenances in the said recited Indenture mentioned to be conveyed to the said H. B. or to his use as aforesaid, without the let, suit, trouble, molestation, interruption or eviction of him the said Sir [Page 124] H. B. his heirs or assigns, or of any other person or persons whatsoever, lawfully claiming by, from or under him, his estate or title; L. Cum Coven. pro ulter. Assur. & Letterdel. Atturney, &c. In witnesse whereof, &c.
A Covenant to deliver Evidences by such a time.
ANd the said G. A. for him, &c. that he the said G. A. his heirs, Executors or Administrators, or some of them shall and will before the first day of March, next ensuing the date hereof, deliver or cause to be delivered unto the said A. Lady D. and Sir I. D. or to one of them all such Deeds, Charters, Evidences, Court-Rolls, Exemplifications of Records, transcripts of Fines, Terrars, Escripts, Writings and Muniments, concerning only the premisses, or only any part or parcel thereof, as now be in the possession, custody or keeping of the said G. A. or of any other person or persons by his delivery, or to his use, or which he may obtain, get, or come by without suit in Law, whole, uncancelled, safe and undefaced, or in as good plight as the same now are and be, and also true Copies of all such other Deeds, Charters, Evidences and Writings as the said G. A. hath, touching and concerning the said Lands and premisses, or any part thereof, joyntly, or together with any other Lands, &c. of the said G. A. the said A. Lady D. and Sir I. D. and their heirs, or some or one of them, paying and bearing the charge of making and writing the same Copies. &c.
A Declaration of a Fine and Recovery to variety of uses; well pend.
THis Indenture made, &c. Between the Right Honourable T. Lord W. of the one part, and the Right Honourable W. Lord P. Sir. M. F. of, Recital of the Recovery. &c. on the other part; Whereas the said M. B. and W. D. in the term of E. in the eleventh year of the Raign of our said Soveraign Lord King I. of England, &c. by Writ of Entrie, sur Disseisin in le post did recover against the said T. Lord W. all those the Mannors of M. alias M. A. L. A. R. and N. with the appurtenances, and of 30. Messuages, 30. Tofts, 6. Water-mills, 6. Dove-houses, 30. Gardens, 1000. acres of Land, 200. acres of Meadow, 1000. acres of pasture, 2000. acres of wood, 300. acres of Furze and heath, 10. pounds Rent, free warren and view of Frank-pledge, with the appurtenances in M. alias M. A. N. and S. and also the Advowson of the Churches of M. alias M. and A. as in and by the said Recovery remaining of Record in his Highnesse said Court of Common-Pleas at Westminster, to which Relation being had more at large appeareth. Of the Time. And whereas in the term of the Holy Trinity last past before the date hereof, (that is to say) a Die sce. Trinitatis in tres septimanas. in the said term in the Court of our Soveraign Lord the Kings Majesty before his Justices at Westminster, a Fine sur Cognizance de droit come ceo, &c. with Proclamations according to the forme of the Statute, in such case made and provided, was levied between [Page 126] the said W. R. and W. D. Plaintifs, and the said T. Lord W. Deforceant of the Mannors of T. alias T. and B. alias B. with the appurtenances in the County of W. and W. and of all that Grange or Capital Messuage, called H. house, and of all the Messuages, Lands, Tenements, Rents, Reversions, services and hereditaments whatsoever, to the said Mannors and Grange, or any of them belonging or appertaining, or reputed to belong or appertain, or as part or parcel, or member of them or any of them, or accepted, reputed, taken, demised, used, occupied or enjoyed as part thereof in the said Counties of W. and W. and of all other the Messuages, Lands, Tenements, Rectories, Tythes and hereditaments, with the appurtenances of the said T. Lord W. in the said Counties of W. and W. by the names of the Mannors of T. alias T. and B. alias B. with the appurtenances, and of 40. Messuages, 20. Tofts, 4. Water-mills, 4. Dove-houses, 40. Gardens, 1000. acres of Land, 600. acres of Meadow, 1000. acres of pasture, 400. acres of wood, 400. acres of Furze and heath, 20 acres of Marsh, and twenty shillings Rent, with the appurtenances in T. alias T. Alne-Church, B. alias B. F. and Beoley, and also of the Rectories of T. alias T. and B. alias B. with the appurtenances, and all and all manner of tythes of Corn and Hay, growing, coming or renewing in T. alias T. and B. alias B. and of the Advowson of the Vicaridge of the Church of T. alias T. in the County of W. and of the Mannors of T. alias T. and B. alias B. with the appurtenances, and 4. Messuages, 1. Dove-house, 4. gardens, 300. acres of land, 600. acres of Meadow, 300. acres of pasture, 200. acres of wood, [Page 127] and 30. acres of Marsh, with the appurtenances in T. alias T. Aln-church, and B. alias B. and also of the Rectory of T. alias T. and B. alias B. with the appurtenances, and of all and all manner of tythes of corn and hay, growing, coming, and renewing in T. alias T. and B. alias B. and of the advowson of the Vicaridge of the Church of T. alias T. in the County of W. as by the said Fine remaining of Record, in his Highnesse said Court of Common Pleas at W. to which Relation being had, more fully and at large appeareth: Now this Indenture witnesseth, The intent of the parties. That the true intent and meaning of the said T. Lord W. and of the said Recoverors, and parties to the said Recovery, and also of the said Cognizees of the said Fine, and parties to the same Fine, and of all and every of the parties to these presents, before and at the several and respective time and times of the suffering of the said Recovery and Acknowledgement, and levying of the said Fine, for touching and concerning the said Mannors, Lordships, Lands, Tenements, Hereditaments and premisses, whereof the said Recovery and Fine were severally and respectively suffered, levyed and had as aforesaid, alwayes was, and yet is, that as well the said Recovery, as the said Fine, and all and every Fine and Fines, Recovery and Recoveries, and other Acts and Assurances of the said Mannors, Messuages, Lands, Tenements, Rents, Rectories, Tythes, Advowsons, hereditaments and premisses, or of any of them, with the appurtenances at any time heretofore suffered, levyed, executed or had, wherein or whereunto the said T. Lord W. was or is any wayes a party, and all and every the executions [Page 128] of the same, and every of them; should and shall be and enure, and be construed, adjudged, deemed and taken to be and enure; And were and hereby are Covenanted, granted, concluded, agreed and declared to be and enure; to the uses, purposes and intents, and under the Provisions, Conditions and Limitations hereafter in these presents expressed, limited and declared, and that the said Recoverors and either of them, and all the parties to the same Recovery, and the parties takers thereby, and their heirs, and all other person and persons, and his and their heirs, who then were, and now are, or hereafter shall be seized of the said Mannors, Lands, Tenements, Hereditaments and premisses, with their Appurtenances comprized in the said Recovery, should, and shall stand and be seized of the same Mannors, Lands, Tenements, Hereditaments and premisses comprized in the said Recovery, and every parcel thereof with the appurtenances, to the same uses, purposes, and intents hereafter expressed; And that the said Cognizees of the said Fine, and either of them, and all the parties to the same Fine, and the takers thereby, and the heirs of them, and every of them, and all and every other person and persons, and his and their heirs, who at the time of the levying of the said Fine then were, or now are, or hereafter shall be seized of the foresaid Mannors, Lands, Tenements, and Hereditaments and premisses, with the Appurtenances, Comprized in the said Fine, and every of them, should and shall stand and be seized of the same Mannors, Lands, Tenements, Hereditaments, and premisses, Comprized in the said Fine, and every parcel thereof, with the appurtenances [Page 129] to the uses, purposes and intents hereafter in these presents expressed and declared, (that is to say,) for touching and concerning all that the foresaid Capital Messuage or House, called H. house, scituate and being within the said Mannor of T. in the said Counties of W. and W. with the Orchards, Gardens, Barns, Stables, Hopyards thereunto belonging; And also as for touching and concerning the said several lands, tenements and hereditaments next hereafter mentioned, and in the said several Recoveries comprized, (that is to say) two Meadows called H. Meadows, containing by estimation 60. acres more or lesse, one pasture called C. containing by estimation 40. acres, one wood called B. containing 16. acres, &c. parcel of the said Mannors, Lands, Tenements, Hereditaments and premisses in the said Counties of W. and W. To the only use and behoof of the said T. Lord W. and his Assigns, The Uses. for and during the term of his natural life without Impeachment, of or for any wast, and with full power to commit waste, and from and after the Decease of the said T. Lord W. then to the use and behoof of the Lady K. now Wife of the said T. Lord W. for and during the Term of her natural life for her Joynture, and in liew, and full recompence of her Dower, out of all the Mannors, Lands, Tenements and Hereditaments, whereof the said T. Lord W. now is, or hereafter shall be seized: And for and touching all the residue of all the said Mannors, Lands, Tenements, Hereditaments and premisses, with their appurtenances in the said Counties of W. and W. And for touching and concerning all the said Mannors, Lands, Tenements, Hereditaments and Premisses in the said [Page 130] County of G. To the only use and behoof of the said T. Lord W. and his Assignes, for and during the term of his natural life, without Impeachment of or for any manner of wast; And for touching and concerning the immediate Remainder of the said Capital Messuage called H. house, and of all the said lands, tenements and premisses before particularly mentioned, or meant to be limited to the use of the said Lady K. for her Joynture as aforesaid, immediately from and after the decease of the said T. Lord W. and of the said Lady K. and of the longer liver of them, and the immediate Remainder of all the residue of the said Mannors, Lands, Tenements, Hereditaments and premisses in the said Counties of W. and W. (whereof there is no use, before limited or declared to the said Lady K. for her Joynture; And for touching and concerning the immediate Remainder of all the said Mannors, Lands, Tenements, Hereditaments and premisses in the said County of G. immediately from and after the decease of the said T. Lord W. to such uses, purposes and intents, and under such Provisions, Conditions and Limitations as hereafter in these presents are specified, expressed, limited and declared, and to none other use, intent or purpose whatsoever, that is to say. To the use and behoof of the said Right Honourable W. Lord P. N. F, &c. their Executors, Administrators and Assignes, for and during the term and space of, &c. years to commence and begin, as hereafter followeth, that is to say, for touching and concerning the said Messuages, Lands, Hereditaments and premisses before limited to the use of the said Lady K. for her Joynture, (parcel of the said Mannor, lands, tenements and hereditaments [Page 131] comprized in the said Fine) to begin immediately from and after the decease of the longest liver of them the said T. Lord W. and of the said Lady K. and for touching and concerning all the rest and residue of the said Mannors, Lands, Tenements, Hereditaments and premisses, as well in the said Counties of W. and W. as in the said County of G. for and during the term and space of [...] years, to commence immediately from and after the decease of the said T. Lord W. for and to the intent and purpose that the said W. Lord P. N. F, &c. their Executors, Administrators and Assigns, For payment of debts and other charges. shall and may receive, perceive, dispose and imploy the Rents, Revenews, issues and profits of all the said Mannors, Lands, Tenements, Hereditaments and premisses respectively for and during the said term or terms of [...] years, for and towards the payment and satisfaction of all such debts and summes of money which the said T. Lord W. doth now owe, or hereafter shall borrow or owe, or for which any person or persons doth, or hereafter shall stand engaged for or with the said T. Lord W. and for his proper debt, and for the payment of such Annuities, Rent or Rents, and securing such Leases as the said T. Lord W. hath granted, or hereafter shall grant or mention, or limit to be issuing or going out of the said Mannors, Lands, Tenements, Hereditaments and premisses, or out of any of them, or out of any parcel of them, or any of them to any person or persons which is, or are, or have been, or hereafter shall be the servant or servants of the said T. Lord W. for or in regard, or in respect of his or their service or services, done or to be done to [Page 132] the said T. Lord W. or to any person or persons, for any money heretofore received, borrowed or taken up, or hereafter to be received, borrowed or taken up by the said T. Lord W. or to his or their Executors, Administrators and Assigns, and also for and towards the payment of such Legacy or Legacies, and summes of money which the said T. Lord W. shall by his last Will and Testament in Writing, to be signed, sealed and published before three or more sufficient Witnesses, give, limit, ordain or appoint. And from and after the end, expiration, surrender or other determination of the said term, or terms of years, as they shall severally end and determine, then to the use and behoof of such person and persons, and for such estate and estates, and for such part and parcel as the said T. Lord W. shall by his last Will in Writing, in presence of two credible Witnesses or more, appoint, limit or declare. Provided alwayes, and the true intent and meaning of the said T. Lord W. and of all the parties to the said Recovery and Fine, and of the parties to these presents, and every of them, before and at the several and respective times of the suffering of the said Recovery, and the acknowledging and levying of the said Fine, was, and yet is, and is hereby so expressed, published and declared, that notwithstanding any thing herein before contained, it shall and may be lawful to and for the said T. Lord W. from time to time, Power to make Leases. and at all times for and during his natural life at his will and pleasure, either by act or acts in writing, under his hand and seal, to be sealed and signed before two or more Witnesses of Credit, and executed in his life time, or by [Page 133] his last Will and Testament in writing by him to be sealed, subscribed and published before two or more such witnesses, to give, grant, or make any Lease or Leases for life, lives or years of all or any of the said Mannors, Lands, Tenements, Hereditaments and Premisses, or any of them, other then during the life of the said Lady K. of the said chief Mansion house called H. house, and so much of the Demesnes, Lands, Tenements, and premisses next adjoyning to the said Chief Mansion house, as shall amount to the clear yearly value of one hundred and fifty pounds over and above all charges and Reprizes: Or to charge the premisses to secure moneys to be hereafter borrowed. Upon which Lease or Leases, the accustomed or greatest yearly rent or value heretofore paid for the said premisses, or more shall be reserved, or to charge the same premisses, or any parcel thereof, (except before excepted, and for the time aforesaid) with any Rent or Rents, Annuity or Annuities, Recognizance or Recognizances in the nature of the Statute Staple or Merchant, or by or with any other Recognizance or Recognizances, Judgement or Judgements of what nature soever for the assurance of payment of any summe or summes of money which he the said T. Lord W. either hath taken up, or borrowed, or shall hereafter receive, take, borrow or contract for, of or with any person or persons, for or to his use or otherwise, or for the securing of any person or persons who now is, or are, or stand, or that at any time hereafter shall stand or become bound for him the said T. Lord W. or otherwise at his free will and pleasure, and that the said Recovery, Fine and Fines, and other Acts and Assurances shall be [Page 134] and enure, and the said Recoverors and parties to the foresaid Recovery, and the Cognizees and parties to the said Fine, and the parties takers thereby and their heirs, and all and every other person or persons, who now are or stand, or hereafter shall be, or stand seized of the said Mannors, Lands, Tenements, Hereditaments and premisses, by force or under the said Recovery and Fine, or either of them, and his and their heirs, shall stand and be seized of all, or so much of the said Mannors, Lands, Tenements, Hereditaments, and premisses, and every parcel thereof with the appurtenances which is, or shall be so given, granted, leased, charged or disposed of, from and after such gift, grant, lease, charge, disposition, or other Act or Acts to such uses, intents and purposes, and to the use of such person and persons to whom such gift, grant, lease, charge, disposition, or other Act or Acts hath been, or shall be made as aforesaid, and to the use, intent and purpose, that the party and parties to whom any Rent or Rents, Annuity or Annuities, Recognizance or Recognizances, Statutes, Judgements, or other charges already granted, or hereafter to be granted, made or charged, of, upon, or out of the said Mannors, Lands, Tenements, Hereditaments and premisses, or any parcel thereof by the said T. Lord W. shall and may duly have, levy, perceive, take and enjoy the fruit, benefit and effect of the same Lease and Leases, Rent and Rents, and other charge and charges, according to the purport, intent, and true meaning of the said grant and grants, lease and leases, Recognizance and Recognizances, Judgement and Judgements, charge and charges, and every or any of them, any thing in these presents [Page 135] before contained to the contrary thereof notwithstanding: Provided, and it is further hereby Covenanted, Granted, Condescended, agreed, To make void the said uses. published and declared by and between all and every of the foresaid parties; That the true intent and meaning as well of the foresaid Recovery, as of the said Fine, and of all and every of the respective parties to the same, and to these presents alwayes was, and is, that it should and might, and shall and may be lawful to and for the said T. Lord W. from time or time, at any time or times during his life, by his writing or writings, by him to be signed or sealed in the presence of three Witnesses of Credit or more, or to be inrolled in any of the Courts of Record, of our Soveraign Lord the Kings Majesty, his Heirs or Successors to signifie or declare that his will and pleasure is, that all or any of the use or uses, estate or estates in possession, Reversion or Remainder, limited, appointed, raised, created or implyed in or by these presents, shall cease, determine, be void or revoked of, for touching or concerning all or any of the said Mannors, Messuages, Lands, Tenements, Hereditaments and premisses, or any of them, or concerning any part or parcel of them or any of them; And that then, and from thenceforth all and every of the said use and uses, estate and estates in possession, Reversion or Remainder so signified and declared to cease, determine, be void or revoked, shall then and from thenceforth cease, determine and be utterly void and revoked, according to the true intent and meaning of the said T. Lord W. so as aforesaid to be signified and declared, other then such lease or leases, estate or estates, or charges [Page 136] which he the said Lord W. hath or shall make, lay, or charge of, or upon any of the premisses, for satisfying debts, or for valuable Consideration in money, or otherwise by force of the foresaid Proviso in these presents before expressed: And also that then and from thenceforth, at all time and times after such signification or significations, declaration or declarations so to be made, it shall and may be lawful to and for the said T. Lord W. at any time or times during his life, To Create new Uses. so oft as he shall think good by any other his Writing by him to be sealed, acknowledged and inrolled, or sealed and subscribed as is aforesaid, to limit, create, appoint, and declare of, for and concerning the said Mannors, Lands, Tenements, Hereditaments and premisses, or any of them, any new, or any other use or uses to the same, or any other person or persons whatsoever; And that then, and after such new limitation, the said Recovery and Fine respectively shall be and enure, and the said Recoverors and parties takers by the said Recovery, and the said Cognizees of the said Fine, and the parties takers thereby and their heirs, and all and every person and persons, who then shall be and stand seized of and in the premisses, or any part thereof, whereof such new use shall be declared, created, raised, limited or appointed, and his and their heirs shall respectively stand and be seized of the same premisses, or such part thereof, whereof such new use or uses shall be declared, limited or appointed to such use and uses of such person and persons, to whom such other or new estate or estates, use or uses shall be so newly declared, created, raised, limited or appointed, [Page 137] and of, and for such estate and estates, and in such manner and form, and by and under such Limitations, Conditions and Provisoes as shall be so newly appointed, expressed or declared, and for want of such declaration, or new limitation so to be made after any such Revocation; Then the said Recovery and Fine touching such of the premisses, whereof no such Declaration, Limitation or Appointment of use shall be made, shall be and enure to the only use and behoof of the said T. Lord W. his Heirs and Assigns for ever, any matter or thing whatsoever, herein before contained to the contrary thereof notwithstanding. But it is, No new Declaration to hinder any estate granted before Revocation. and alwayes was the intent of all the parties to these presents, that no Revocation or new Limitation should or shall any way frustrate or make void any lease, estate, rent or charge made, granted or charged, or to be made, granted or charged of or upon the premisses, or any parcel thereof, for valuable Considerations of money, borrowed or received by the said Lord W. by vertue or force of any former Proviso in these presents expressed, but that the same and every of them, shall stand good, according to the purport and meaning of them, and every of them, notwithstanding any such Revocation, or new Limitation futurely to be made. In witnesse, &c.
A Covenant to settle Lands for natural affection.
THis Indenture made, &c. between R. D. of, &c. on the one part, and T. D. and E. S. of, &c. on the other part: Witnesseth [Page 138] that the said R. D. as well for the natural love and affection which he beareth towards W. D. Gentleman, Sonne and Heir apparent of the said R. D. and to the intent that the Marshes, Lands, Tenements and Hereditaments hereafter mentioned, might be and remain to the uses, intents and purposes, hereafter in these presents expressed and declared; and for divers other, &c. for himself, his heirs and assignes, doth Covenant and grant to and with the said T. D. and E. S. their heirs and Assigns by these presents, That he the said R. D. and his Heirs, and all and every other person and persons that now is or are, or that at any time hereafter shall be seized, or estated of or in all, and every part of that the Mannor of A. with the Rights, Members and Appurtenances thereof in the said County of O. and of or in all or any Lands, Tenements, Meadows, Pastures, Feedings, Commons, Wayes, Wasts, Wast-grounds, Hereditaments, and Appurtenances whatsoever, belonging to the said Mannor, or reputed as part, parcel or member thereof in A. aforesaid, and whereof or wherein the said R. D. now hath any estate of Inheritance in Fee-simple, shall thereof, and of every part and parcel thereof, immediately from and after the ensealing hereof, stand and be seized thereof, and of every part and parcel thereof, to the several uses, intents and purposes hereafter in these presents expressed, limited and declared, (that is to say:) To the use and behoof of the said R. D. for the Term of his natural life, without Impeachment of any manner of wast, and after his death, to the use of the said I. D. for the Term of his natural life, without Impeachment of any manner of wast, and after his decease, to the use of the first Sonne [Page 139] of the body of the said I. D. lawfully to be begotten, and of the heirs males of the body of the said first Sonne lawfully to be begotten; And for default of such Issue, to the use and behoof of the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Sonnes of the Body of the said I. D. lawfully to be begotten, respectively as they shall be in Seniority and Age, and of the Heirs Males of such Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Sonnes lawfully to be begotten of his body, the eldest son and his heirs, being alway preferred before the younger son & his heirs of his body; And for default of such Issue, to the use of every other the Sonnes of the said I. D. as they shall be in Seniority and Age, and of the Heires Males of the Bodies of every such Sonnes lawfully to be begotten; And for default of such Issue, then to the use of M. D. Gentleman, second Son of the said R. D. for the term of his natural life, without Impeachment of any manner of wast, and after his death, to the use of the first Sonne, pro ut Supra. in the first Sonne, then to the third Son in manner pro ut al. primum. And for the default of such Issue, then to the use of the right Heires of the said R. D. for ever: and to none other use, intent or purpose whatsoever, with the same clause of Revocation, as is mentioned in the last president. In witnesse, &c.
A Condition of a Counter Lond.
THe Condition, &c. That whereas the above-named N. B. at the special instance and request of the above-bounden C. D. for the proper debt of the said C. D. and as his surety, by obligation bearing dare with these presents, standeth [Page 140] joyntly and severally bound, together with the said C. D. unto E. F. of, &c. in the sum of, &c. with Condition thereupon endorsed for the payment of 100 pound of, &c. to the said E. F. or to his certain Atturney, his Executors or Assigns, at, &c. upon, &c. as in and by the said Obligation and Condition more at large appeareth. If therefore the said C. D. his Heirs, Executors, Administrators or Assigns, or any of them do pay, or cause to be paid unto the said E. F. or his assigns, the said sum of, &c. at the day and place aforesaid, and also from henceforth, save and keep harmlesse the above-named A. B. his heirs, &c. of and from the foresaid Obligation, and of and from all and all manner of Costs, Charges, Suits, and Damages whatsoever, of, for and concerning the said Obligation; That then, &c.
An Assignment of several Leases of divers Messuages and Lands, with several recitals and good Covenants. Well pend.
THis Indenture made, &c. Between I. S. of, &c. and I. G. of, &c. on the one part, and R. G. of, &c. on the other part; Whereas I. S. of, &c. and G. P. of, &c. Executors of the last Will and Testament of M. S. gent. deceased, and the said I. G. by Indenture bearing date the 26. day of S. in the, &c. of his said Majesties Raign that now is over England, &c. made between the said I. S. and G. P. and I. G. on the one part, and E. S. on the other part, by the name of E. S. of, &c. Did grant, assign, and set over to the said E. S. and her Assignes, as well an Indenture of Demise therein recited, dated [Page 141] the day of, &c. made from R. E. late of, &c. unto I. G. late of B. in, &c. and I. his wife, Father and Mother of the said I. G. partie to these presents of all that Messuage or Tenement, and half yard land, with the appurtenances then or late in the Tenure or Occupation of one E. A. or his Assignes in S. sometimes W. W. scituate and being of H. W. and P. and every or either of them in the said County of S. and of all houses, Buildings, Barns, Stables, Orchards, Gardens, Back-sides, and grounds, with the appurtenances whatsoever, to or with the said Messuage, or Tenement and premisses belonging, with all and every other the Lands, Tenements, Feedings, Hereditaments and profits whatsoever, to the said Messuage or Tenement belonging, or reputed as parcel or member of the same, or any of them (except therein excepted) for the Term of 3000. years from the Feast of the, &c. then last past, at the yearly Rent of 7. shillings of, &c. as also all the estate, title, interest, term of years thereby granted, then to come and unexpired, possession, claim and demand whatsoever of the said I. S. G. P. and I. G. of and to the same, and every part thereof on Condition therein contained to this effect; That if the said I. G. his Executors, Administrators or Assigns, did well and truly pay to the said E. S. her Executors or Assignes, the summe of, &c. of lawful English money upon the last day of M. then next ensuing; That then from thenceforth the said Grant and Assignment, and every thing therein contained, to be utterly void and of none effect, as by the said Indenture more fully appeareth. Which said summe of, &c. was not satisfied or paid to the said E. S. neither on the day in the Condition of the [Page 142] said Assignment mentioned, nor since, by reason whereof the premisses became absolutely forfeited to the said E. S. And whereas also the said I. G. by his Indenture of Assignment, dated the &c. of his Majesties Raign that now is, did bargain, assign and set over to the said E. S. and her Assignes, as well one other Indenture of Lease dated the 21. day of M. in the one and fortieth year of the said late Queen Elizabeth her Raign, also made from the said R. E. to the said I. G. (Father of the said I. G. party to these presents) and his Assigns, of all that his, &c. setting the particulars down here at large as they were mentioned before, within the Parishes of H. P. or W. within the said County of S. or some or one of them, with all Woods, Under-woods, Profits, Commodities and Advantages, to the said Messuage or Tenement and half-yard-land belonging, for the Term of 3000. years, from the Feast of, &c. then next ensuing, at the yearly Rent of, &c. as also all the estate, right, title, interest, possession, Reversion, Term of years, claim and demand whatsoever of the said I. G. to the said, &c. and other the premisses, with the appurtenances by the same Indenture of Lease, Demised by vertue of the same Indenture or otherwise, as by the same Indenture, &c. appeareth: And whereas the said E. S. by her Indenture dated, &c. did Covenant with the said I. G. and his assignes; That if the said I. G. or his Assignes, did well and truly pay to the said E. S. or her assigns, the summe of 325. pound at the dwelling house of A. C. Scrivener, scituate in B. London, at one entire payment on the fifteenth day of October, which then should be in the year of our Lord God, 1630. That then she the said E. S. and [Page 143] her Assigns, would upon request of the said I. G. re-assign and convey to him, the said two several recited Indentures of Leases, and all her estate and interest, claim and demand in and to the said several Messuages, Lands and premisses, demised by the said several Indentures of Lease, as by the said last recited Indenture more at large appeareth: And whereas the said I. G. by his Release dated, &c. did in Consideration of a competent summe of money, Release all his Right, Title and Interest of and in the said Messuage, Lands and premisses to the said E. S. and her assigns, as by the said Release appeareth: And whereas the said E. S. by her Indenture of Assignment dated, &c. Did for the Considerations therein mentioned, Assign, and set over, all her estate, right, title and interest of, in and to both the said recited Indentures of Lease, as also in and to the said Messuages, Lands and premisses to the said I. S. her Father (party to these presents;) To hold to him and his Assignes, during all the residue of the said Term of years, in the said several recited Indentures of Lease then to come and unexpired, as by the said last recited Indenture of Assignment more fully appeareth: Now this Indenture witnesseth, that the said I. S. and I. G. for and in Consideration of the summe of, &c. in hand paid, or secured by the said R. G. unto the said I. S. as also for and in Consideration of the summe of, &c. at the ensealing and delivery of these presents in hand paid, or secured by the said R. G. unto the said I. G. the several receipts, of which said several summes of money they the said I. S. and I. G. do hereby severally and respectively acknowledge, and thereof, and of every part theroof, do severally and respectively acquit and discharge the said [Page 144] R. G. his, &c. and for other good, &c. Have demised, granted, set, and to farm-let, released, and confirmed, and by these presents, do, &c. unto the said R. G. his, &c. all and every the said Messuages, Lands, Tenements, Hereditaments and premisses, with their and every of their Rights, Members and Appurtenances in the said former recited Indentures of Lease, or Assignments mentioned: To have and to hold all and every the said Messuages or Tenements, Lands, and all other the premisses, with their and every of their Appurtenances unto the said R. G. his Executors and Assigns, and every of them by these presents for and during, and unto the full end and Term of 99. yeares from hence next ensuing, fully to be compleat and ended; Yielding and paying therefore yearly during the said term, to the said I. S. his, &c. a peper corn at the Feast of St. Michael the Arch-angel if it be lawfully demanded. And the said I. S. for himself, his, &c. doth covenant and grant to and with the said R. G. his, &c. That he the said I. S. now hath good right, full power, and lawful and absolute authority to demise, grant, and let the said Messuage or Tenement, lands and premisses, with their appurtenances unto the said R. G. his, &c. for and during the said Term and Number of years aforesaid, according to the true intent and meaning of these presents, And also that the said Messuage, &c. and every of them shall and may during the Term hereby demised, remain and be unto the said R. G. his, &c. sufficiently saved and kept harmlesse, of and from all and all manner of former and other Gifts, Grants, Leases, Forfeitures, Surrenders, Extents, Rents, and Arrerages of Rents, and of and from all and all manner [Page 145] of Charges, Titles, Troubles, and Incumbrances whatsoever, had, made, committed, done or suffered by him the said I. S. or by the said E. S. his said Daughter, or either of them, their or either of their Executors or Assigns; And also that he the said R. G. his, &c. shall and may peaceably and quietly have, hold, occupy, possesse and enjoy the said, &c. for and during the Term hereby demised, without the Let, Suit, Molestation, Interruption or Eviction of him the said I. S. or the said E. S. and without the lawful Let of all and every other person and persons whatsoever, lawfully claiming in, by, from or under him, her, or either of them, their or either of their estate, right or title. And the said I. G. for himself, his, &c. doth Covenant and Grant to and with the said R. G. his, &c. That he the said I. G. at no time before the date hereof, hath done or suffered to be done any Act or Thing whatsoever, which shall or may be hurtful, prejudicial, or a hindrance to the said R. G. his, &c. or any of them in his and their having, and quiet enjoying of the said, &c. But that he the said R. G. his, &c. may have and enjoy the said Lands and premisses, and every of them, for and during the Term hereby demised, without the let or hindrance of him the said I. G. his, &c. or of any other person or persons whatsoever, claiming by, from or under him, them, or any of them. And the said I. S. and I. G. and either of them, do for themselves joyntly and severally, and not one for the other, and for their several and respective Executors, &c. and for every of them, Covenant and grant to and with the said R.G. his, &c. That they the said I. S. and I. G. and either of them, their Heirs and Assigns, and every [Page 146] of them, shall and will from time to time, and at all times for and during the space of five years next, &c. at the request and costs of the said R. G. his, &c. further do make, suffer, acknowledge, and execute all and every such further and other lawful and reasonable Act or thing whatsoever, for the further, better, and more perfect assuring, surety, and sure making of the said, &c. unto the said R. G. his, &c. or to such other person or persons as he the said R. G. shall nominate and appoint, and every or any of them, for and during the said term hereby demised, as also all other the Interest and Term for years, which he the said I. S. now hath in the said, &c. yet to come and unexpired, as by him the said R. G. his, &c. or his, their, or any of their Councel learned in the Lawes, shall be reasonably devised, or advised and required. And the said I. S. for himself, &c. doth covenant and grant to and with the said R. G. &c. That he the said I. S. his, &c. or some of them, shall and will within six months now next ensuing the date hereof, deliver or cause to be delivered unto the said R. G. or his Assigns, or some of them, all the Original Leases of the Premisses herein before recited or mentioned, as also all and singular the several mean Assignments made of the premisses, from time to time, and also all such Deeds, Evidences, Court-rolls, Writings, Escripts and Miniments whatsoever, concerning the premisses or any part or parcel thereof, which now be in the possession, custody, or keeping of the said I. S. or of E. S. or of any other person or persons whatsoever, by their or either of their delivery, privity or appointment, or which he the said I. S. may obtain or come by, whole, uncancelled, safe [Page 147] undefaced, and in as good plight as the same or any of them now are, and also true Copies of all such other Deeds, Evidences, and Writings as the said I. S. or E. S. or either of them, have or can come by touching the said, &c. or any part thereof, joyntly or together with any other lands the said I. S. his, &c. or some of them, paying, and bearing the charge of making, and writing, and coming by the said Deeds, Evidences or Copies, or any of them. And the said R. G. for him, his, &c. doth covenant, promise and grant to and with the said I. S. and I. G. and either of them, their and, &c. That he the said R. G. his, &c. shall and will during the Term hereby demised, bear, pay, and discharge all and all manner of quit-rents, or other Rents and Services whatsoever, which shall be due, or any wayes payable, for or in respect of the said, &c. or any of them, from the day of the date hereof, and thereof, and of evary part thereof, shall and will sufficiently during the term hereby demised, acquit and discharge the said I. S. and I. G. their Executors and Assignes, and every of them by these presents. In witnesse, &c.
An Indenture of settlement. Well pend.
THis Indenture made, &c. Between the Right Honourable C. Lord S. Barron of H. of the first part, W. N. of the Inner Temple London Esq and A. T. of the said Inner Temple London, The Parties. Esq of the second part; And the Right Honourable E. Lord G. Baron of D. in the County of A. within the Realm of Ireland, and Dame I. his [Page 148] wife, D. L. Daughter of her the said Dame I. G. and I. S. of M. in the C. of Y. Esq of the third part; Whereas a Marriage shortly hereafter by the grace of God, is intended to be had and solemnized between the said C. L. S. and the said D. L. Witnesseth now this present Indenture, that the said C. Lord S. as well for and in Consideration of the said marriage, The Consideration. and of the full summe of 8000. pound, (that is to say) the summe of 7000. pound of good and lawful money of England, in hand paid, and the sum of 1000. pound more in Jewels, in hand delivered unto him the said L. S. by the said E. Lord G. and Dame I. his Wife, at and before the ensealing and delivery of these presents, whereof the summe of 2000. Marks in moneys, and the said 1000. pound in Jewels, were and was a portion given and left unto her the said D. by the last Will and Testament of Sir I. L. her Father deceased, and the residue of the said 8000. pound, was and hath been encreased for her, by the providence, care, and great love of the said Dame I. G. her Mother, since her said Fathers decease, of and with which said summes of 7000. pound in money, and 1000. pound in Jewels, he the said C. Lord S. doth hereby acknowledge the receipt, and himself to be fully satisfied; And thereof, and of every part and parcel thereof, doth for himself, his Heirs, Executors and Administrators, and for every of them, fully, absolutely and clearly acquit, exonerate and discharge the said E. Lord G. and dame I. his Wife, their heirs, Executors, and Administrators, and every of them for ever by these presents; And for and in consideration of a competent Joynture to be had and [Page 149] made unto the said D. in case the said Marriage shall take effect, and that she the said D. shall survive and overlive him the said Lord S. and for the better preservation and continuance of all and every the Mannors, Lordships, Messuages, Lands, Tenements, and Hereditaments hereafter mentioned in the name and blood of the said Lord S. so long as shall please Almighty God, also for divers and sundry other good and valuable Considerations him the said Lord S. hereunto especially moving; Hath covenanted, promised, granted, and agreed, and by these presents doth for himself, his heirs, executors, administrators, and assignes, and for every of them, covenant, promise, grant, and agree to and with the said E. Lord G. and I. S. their heirs and assignes, A Covenant to levy a Fine. and to and with every of them, that he the said C. Lord S. shall and will before the end of Michaelmas Term, next ensuing the date of these presents, before the Justices of our Soveraign L. the King, of his Majesties Court of Common-pleas at Westminster, or before some other competent and fit person or persons thereunto lawfully and sufficiently authorized, acknowledge and levy one or more Fine or Fines (Sur conusance de droit come ceo, &c.) in due form of Law, with proclamations thereupon to be made, according to the Common course of Fines in that case used, and the statute in that behalf made and provided unto them the said W. N. and A. T. and their heirs, or the heirs of one of them, of all those his Mannors, The Mannors. Lordships, Lands, Tenements and Hereditaments, called or known by the several names of S, &c. scituate, lying and being in [Page 150] the County of Es. with their and every of their rights, revenews, members and appurtenances whatsoever, and of all that the Rectory and Church of H. with the appurtenances thereof whatsoever, General words. and of all and singular Messuages, Houses, Edifices, Barns, Stables, Dove-houses, Back-sides, Orchards, Gardens, Lands, Tenements, Meadows, Feedings, Pastures, Commons, Wayes, Passages, Wast-grounds, Heaths, Furze, Moors, Marshes, Woods, Under-woods, Rents, Reversions, Services, Tithes, as well great as small, and of all other Hereditaments whatsoever, scituate, lying and being, growing, arrising, renewing, and encreasing within any the Towns, Parishes, Hamlets, Tithings, or Fields of S, &c. in the said County of E. and in every or any of them, or elsewhere to the said Mannors, Rectory, or other the premisses, or any of them belonging, or in any wise appertaining, or therewith used and enjoyed, by such name and names, and under such number of Mannors, Messuages, Cottages, and acres, and in such sort, manner and form as by the said E. Lord G. and I. S. their heirs or assigns, or by their or any of their Council learned in the Law, shall be reasonably advised, devised or required. The true intent and meaning of which said Fine and Fines, so to be acknowledged and levyed of the said premisses, between the said parties as aforesaid shall be, and so shall be construed, meant, intended and adjudged to be, to and for the use and behoof of the said W. N. and A. T. their heirs and assigns for ever; To the only intent and purpose that they the said W. N. and A. T. shall and may stand and be full and perfect tenements of the Free-hold [Page 151] of the said Mannors, Lordships, and all and singular the premisses, and of every part and parcel thereof with the appurtenances, untill one or more perfect common Recovery, or common Recoveries, may be had and executed of all and singular the same premisses, To suffer a Recovery. against them the said W. N. and A. T. and their heirs, according to the true intent and meaning of the said parties to these presents; And that they the said W. N. and A. T. from and after the acknowledging and levying of the said Fine or Fines by the said C. Lord S. to them the said W. N. and A. T. in manner and form as aforesaid, shall and will before the end of the said Michaelmas term next ensuing the date of these presents, permit and suffer the said E. Lord G. and I. S. to sue and prosecute several Writs of Entry (Sur disseisin in le post) against them the said W. N. and A. T. of the said Mannors, Lordships, Lands, Tenements, Hereditaments and premisses, and of every part and parcel thereof, with the appurtenances by such name and names, and under such number of Mannors, Messuages, Cottages, and acres, and in such sort, manner and form, as by the said E. Lord G. and I. S. and their heirs, or by their or any of their Councel learned in the Law, shall be advised, devised or required, into and upon every of which said several Writs of Entry (Sur disseisin in le post) so to be brought the said W. N. and A. T. shall personally appear: And then immediately after their appearance and defence made, shall and will in the said actions, vouch to Warranty the said C. Lord S. and he the said Lord S. upon such vouchee of him to be made, shall and will in the [Page 152] said actions so to be brought forth with Gratis, and without Processe appear thereunto, and enter into Warranty, and vouch over, to warranty the Common Vouchee, to the end that the Common Vouchee may also appear and enter into Warranty, and afterwards make default, or depart in despite of the Court, so that several perfect common Recoveries, with double vouchers may be had, prosecuted, and executed in and upon the said several Writs of Entry (Sur disseisin in le post) in all things according to the usual, and common order and form of Common Recoveries, for the assurance of Lands and Tenements in such cases used, of all and singular the said several Mannors, Lordships and premisses before mentioned, and of every part and parcel thereof, with the appurtenances; And that full execution and seizin, shall be had and taken thereof accordingly; And it is hereby covenanted, granted, concluded, and fully and absolutely agreed on, by and between all and every the aforesaid parties to these presents, for themselves, their heirs and assigns, and it is the true intent and meaning of these presents, and of all and every the aforesaid parties to the same, that the said several Recoveries, and the execution thereupon to be had, shall be, and so shall be adjudged, deemed, esteemed, and taken to be, and the Recoverors, their heirs and assigns, and every of them, shall and will immediately from and after the Execution of the said Recoveries, stand and be seized, and be adjudged, deemed, esteemed, and taken to be seized of all and singular the said Mannors, Lordships, Lands, Hereditaments and premisses before mentioned, and every part and parcel thereof, with their and every of their appurtenances to and [Page 153] for all and every the several and respective uses, behoofs, intents, and purposes hereafter in these presents mentioned, expressed, limited, and declared; And to or for none other use, behoof, intent or purpose whatsoever, (that is to say) to the use and behoof of the said C. Lord S. and his Assigns, for and during the term of his natural life, without impeachment of or for any manner of wast, and from and after his decease, then to the use and behoof of the said D. L. and her assigns, for and during the term of her natural life, for and in the name of a Joynture, of and for her the said D. And from and after her decease, then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten, and for default of such issue, then to the use and behoof of the right heirs of the said C. Lord S. for ever. And the said Right Honourable C. Lord S. for himself, his heirs, executors, administrators and assignes, and for every of them, doth further covenant, promise and grant to and with the Right Honourable E. Lord G. and I. S. their heirs and assigns, and to and with every of them by these presents▪ in manner and form following (that is to say) that he the said C. Lord S. at the time of the ensealing and delivery of these presents, is lawfully and rightfully seized, of and in all and singular the said Mannors, Lands, Tenements, Rectory and premisses, and of every part and parcel thereof, with the appurtenances of a good, sure, perfect, lawful, and indefeasible estate in Fee-simple, or in Fee-tail to himself, and the heirs of his body, without any Reversion or Remainder in the Kings Majesty, and without any manner of Condition or Conditions, Mortgage, Limitation of use or [Page 154] uses, or other thing or things whatsoever, whereby to alter, change, charge, defeat, determine, or make void the same; And that he the said Lord S. hath full power, good right, and lawful and absolute authority in his own proper right by these presents, to raise, limit and appoint all and every the aforesaid several uses and estates before mentioned, and that all and singular the premisses, and every part and parcel thereof, with their and every of their rights, members and appurtenances now are and be, and so from time to time and at all times for ever hereafter, shall and may continue, stand, remain, and be to all and every the several uses, intents and purposes before in and by these presents limited, expressed, appointed and declared, free and clear, and freely and clearly acquitted, exonerated and discharged, or otherwise well and sufficiently saved, defended and kept harmlesse of and from all and all manner of former and other gifts, grants, bargains, sales, leases, estates, joyntures, dowers, and titles of dower, and of and from all rents, and arrerages of rent-annuities, and arrerages of Annuities, Statutes-Merchant, and of the Staple, Recognizances, Judgements, Executions, Extents, Fines, Forfeitures, Issues, Amerciaments, Intentions, Principle Seizins, Liveries, Wills, Entails, Limitations of use or uses, and of and from all other titles, troubles, arrerages, charges, claims, demands and incumbrances whatsoever; And the said C. Lord S. for himself, his Heirs, Executors, Administrators and Assignes, and for every of them, doth likewise further covenant, promise and grant to and with the said E. Lord G. &c. their heirs and assignes, and to and with every of them by these presents, that he the said [Page 155] Lord S. and his heirs, shall and will from time to time, and at all times hereafter, within the space of seven yeares next ensuing the date of these presents, at and upon every reasonable request, and at the only proper costs and charges in the Law of the said Lord S. and his heirs, further do make, acknowledge, execute and suffer, or cause, or procure to be done, made, acknowledged, executed and suffered all and every such further and reasonable act and acts, thing and things, device and devices, assurance and assurances in the Law whatsoever, for the further, better, and more perfect assuring, surety, and sure making, settling and conveying of the said Mannors, &c. premisses, and of every part and parcel thereof, with the appurtenances to continue, stand, remain, and be to a [...] and every such several uses, behoofs, intents, limitations and purposes, as are thereof in and by these presents limited, expressed, appointed, and declared, be it by Fine or Fines, Recovery or Recoveries, with single, double, or more voucher or vouchers, Feoffment or Feoffments, Deed or Deeds, enrolled or not enrolled, the enrolment of these presents, or by any other wayes or means whatsoever, as by the said E. Lord G. and I. S. their heirs and assignes, or by any of them, or by their, or either or any of their Councel learned in the Law, shall be reasonably advised, devised or required; And finally, the said C. Lord S. for and in Consideration of the said Marriage shortly hereafter by the grace of God, to be had and solemnized between him the said C. Lord S. and the said D. L. and for the great love and affection which he the said Q. S. hath and doth bear unto the said D. L. doth for himself, his heirs and assignes, and for every of [Page 156] them, Covenant, promise, grant and agree to and with the said E. Lord G. and I. S. their Heirs and Assignes, and to and with every of them by these presents, that he the said C. Lord S. and his Heirs, and all and every other person or persons that now be, or which hereafter shall stand, or be seized of any estate of inheritance of the said Mannors, Lands, Tenements and premisses, or any part thereof, shall and will stand and be seized of so much, and such part and parcel of the said Lordships, Mannors and premisses, as either in respect of not making and naming the right Tenant of the Free-hold, in the several Writs of Entry aforesaid, or in respect of any other legal defect shall not be by the several, and Recoveries aforesaid, well and sufficiently assure, and settle to the several uses before in and by these presents expressed, to the several and respective uses, intents and purposes hereafter in and by these presents expressed, appointed and declared, and to none other use, intent or purpose whatsoever, (that is to say;) To the use and behoof of the said C. Lord S. and his Assigns, for and during the term of his natural life, without impeachment of or for any manner of wast, and from and after the decease of the said C. Lord S. then to the use and behoof of the said D. L. and her assigns, for and during the term of her natural life, and from and after her decease, then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten, and for default of such issue, then to the use and behoof of the right heirs of the said C. Lord S. for ever. In witnesse whereof to one part of these present Indentures, remaining with the said E. Lord G. Dame I. his wife, D. L. and I. S. The said [Page 157] C. Lord S. W. N. and A. T. have interchangeably subscribed, and set their several hands and seals, and to one other part of these present Indentures, remaining with the said W. N. and A. T. the said C. Lord S. E. L. G. dame I. his wife, D. L. and I. S. have interchangeably subscribed, and set their several hands and seals, and to one other part of these present Indentures remaining with the said C. L. S. the said W. N. A. T. E. L. G. dame I. his wife, D. L. and I. S. have interchangeably subscribed, and set their several hands and seals the day and year first above written. Anno Dom.
A Condition to save harmlesse where one Attorns Tenant, with a Covenant to grant a Lease when the premisses are settled in the Obligee.
THe Condition of this Obligation is such; That whereas the with in named I. S. hath attorned Tenant, and doth and is contented to pay his rent, being eleven pounds ten shillings per annum, unto the within bound T. S. his heirs or assignes, for the Messuage or Tenement with the appurtenances, wherein the said I. S. now dwelleth scituate near W. London: If therefore the said T. S. his Heirs, Executors, Administrators or Assigns, do from time to time, and at all times hereafter, clearly acquit, discharge, or sufficiently save harmlesse and indemnified the said I. S. his executors, administrators and assigns, goods and chattels, as well against one R. N. of the Parish of Saint G. in the Fields, in the County of M. gent. and K. his wife, and against the heirs and assignes of the same K. as also against all and every other person and persons whatsoever, [Page 159] of, for, from touching and concerning all such and so much rent, as he the said I. S. his executors, or assigns, hath already paid, or shall hereafter pay to the said T. S. his heirs or assignes, for the Tenement aforesaid with the appurtenances, and also of and from all actions, suits, charges, distresses, forfeitures, judgements, executions, and all other dammages, troubles and incumbrances whatsoever, that shall or may arise, or grow or be had, commenced or prosecuted against the said I. S. his executors, administrators or assigns, by reason of paying the said rent, or any part thereof unto the said T. S. his heirs or assigns, or by reason of occupying of the said Tenement. And further, if in case the said T. S. his heirs or assigns, do or shall quietly hold and enjoy the possession of the Tenement aforesaid with the appurtenances (amongst other things) as he the same T. now doth for and during the space of two years next coming, after the date within written, without any further or new suit; Then if the said T. S. his heirs or assigns, do within one month next after the end and expiration of the said term of two years, or after such time as the estate of the premisses shall be perfectly settled in the said T. or his heirs, at the reasonable request, and at the costs and charges in the Law of the said I. S. his executors or administrators, by good, lawful and sufficient Indenture of Lease (in due form of Law to be had, made and executed) demise, grant, and to farm-let unto the said I. his executors, administrators and assigns, all the said Messuage or Tenement with the appurtenances, wherein the said I. now dwelleth as aforesaid, for so many years as will make up the remainder of the term of years in his former Lease, granted full twenty and one [Page 158] years, and under the yearly rent of eleven pounds ten shillings, quarterly to be paid to the said T. his heirs or assignes, or within one and twenty dayes next after every quarter day by even portions, and with such other reasonable covenants therein to be contained, as are commonly used in such like Leases: That then this present Obligation shall be void and of none effect, or else it shall stand, and remain in full force, strength, and vertue.
A Counter-Condition to save harmlesse from a bond entred into, for payment of money.
THe Condition of this Obligation is such; That whereas the within named R. C. at the special instance and request, and for the only debt of the within bound I. S. by one obligation of the date hereof, is and standeth joyntly and severally bounden with the said I. S. unto I. le T. of London Merchant, in the summe or penalty of one hundred pounds of lawful money of England, with condition thereupon endorsed, for the payment of fifty pounds of like lawful money of England, on the last day of November, which shall be in the year of our Lord God, according to the computation of the Church of England, one thousand six hundred twenty and four, at the now dwelling house of H. C. of London gent. scituate in I. lane in L. as by the same Obligation and Condition may appear: If therefore the said I. S. his executors, administrators or assignes, or any of them, do and shall well and truly pay, or cause to be paid to the said I. le T. his executors, administrators or assigns, or some of them on the said last day of N. above mentioned, and at the place aforesaid [Page 160] the said summe of fifty pounds, and do thereby clearly exonerate, acquit and discharge the said R. C. his executors and adminstrators, as well of and from the same Obligation before recited, as also of and from all actions, suits, costs, charges, judgements, executions and demands whatsoever concerning the same; That then this present Obligation to be void and of none effect, or else to remain and abide in full force and vertue.
A Condition to save harmlesse an Executor, for payment of several Legacies to Orphans, with a Covenant to see the same Legacies disposed to the best advantage for the Legatees.
THe Condition of this Obligation is such; That whereas M. D. late of St. I. street, in the County of M. widow deceased, by her last Will and Testament in writing, bearing date the tenth day of M. in the year of our Lord God, one thousand six hundred and fourteen, did amongst other Legacies and bequests, give and bequeath unto M. T. and A. T. daughters of the within-bound T. T. five shillings a piece of lawful money of E. as by the same Will more at large appeareth. Which said summes of five shillings a piece, the within named I. S. executor of the last Will and Testament of the said M. D. hath at the request of the said T. T. at and before the ensealing and delivery hereof, paid and disbursed to the said T. T. for the use and behoof of his said daughters M. and A. If therefore the said T. T. his executors and administrators, and every of them, do from time to time and at all times hereafter, freely and clearly acquit, exonerate and discharge, [Page 161] or otherwise well and sufficiently save, defend, and keep harmlesse the said I. S. his executors and administrators, and every of them, and all and every of his and their Lands, Tenements, Goods and Chattels, as well of, from and against the said M. and A. their Executors, Administrators and Assignes, as also of, from and against all other persons whatsoever, of, for and concerning the payment of the said sums of five shillings apiece to the said T. T. their Father as aforesaid; And of and from all actions, suits, costs, charges, damages, expences and demands whatsoever, which he the said I. S. his executors, administrators or assigns, shall hereafter happen to encur, sustain, or be put unto, for or by reason of the payment of the said summes of five shillings apiece, for the use of the said M. and A. to the said T. their Father as aforesaid; That then this Obligation shall be void, or else it shall stand in full force and vertue.
A Condition to pay the Rent reserved in a Lease, according to the Covenant therein exprest.
THe Condition of this Obligation is such; That whereas the within named I. C. by his Indenture of Lease of the date within Written, did demise, grant, and to farm-let unto the within bound H. B. all that Messuage or Inn, called the sign of the White horse, with all Cellers, Sollers, Chambers, Rooms, Yards, Stables and appurtenances thereunto belonging, as it is now in the tenure or occupation of the said I. C. set, and being in S. in the Parish of St. O. in S. in the County of S. (except as in the same Lease is excepted;) To have and to hold the same from the [Page 162] Feast of the Nativity of St. John Baptist next coming after the date of the same lease, unto the end and term often years, and one quarter of a year from thence next ensuing, and fully to be compleat and ended, yielding and paying therefore yearly, during ten years of the said term of ten years, and one quarter of a year to the said I. his executors or assigns, twenty and four pounds of lawful money of England, at four Terms of the year, that is to say, at the Feast of St. Michael the Arch-Angel, the Birth of our Lord God, the Annunciation of our Lady, and the Nativity of St. John Baptist, or within fifteen dayes next after every of the said Feast-dayes by even portions. And for the last quarter of a year, six pounds at the Feast of St. Michael the Arch-Angel next ensuing, the said term of ten years, or within Fifteen dayes then next following, as by the same Lease more at large appeareth: If therefore the said H. B. his executors or assigns, do yearly, and every year during the said term of ten years, well and truly yield and pay, or cause to be yielded or paid to the said I. C. his executors or assigns, the said yearly Rent of twenty and four pounds at the said four Feasts or terms of the year mentioned in the same Lease, or within fifteen dayes next after every of the said Feast-dayes, by even portions, and the said summe of Six pounds at the said Feast, of St. Michael the Arch-Angel, next after the end of the said ten years, or within fifteen dayes then next following, according to the tenor and true meaning of the same Lease; That then this Obligation to be void and of none effect. Or else it to be in full force and vertue.
A Deffezance on a Recognizance, or Statute staple.
THis Indenture made the one and twentieth day of August, Anno Dom. 1634. and in the tenth year of the Raign of our Soveraign Lord Charles by the grace of God, King of England, Scotland, France and Ireland, defender of the Faith, &c. Between I. B. Citizen and Salter of London, of the one part, and G. B. Citizen also, and Salter of L. of the other part; Witnesseth, that whereas the said G. B. by a certain Recognizance of the nature of a statute of the staple, made and provided for the recovery of debts, taken, Recognized, and sealed before Sir I. C. Knight, Mayor of the staple at W. and E. L. Esq Recorder of the City of L. bearing date with these presents, standeth and is bound unto the said I. B. in the summe of four hundred pounds of lawful money of England payable, as by the same Recognizance more at large appeareth: Neverthelesse, the said I. B. is contented and agreed, and doth covenant, promise and grant for himself, his heirs, executors and administrators, to and with the foresaid G. B. his heirs, executors and administrators, and to and with every of them by these presents; That if the said G. B. his heirs, executors, administrators or assigns, or any of them do pay, or cause to be paid unto the said I. B. his executors, administrators or assigns, or any of them, at or in the now dwelling house of the said I. B. scituate in the Parish of St. A. H. London, the summe of two hundred and eight pounds of lawful money of E. on the three and twentieth day of F. next coming after the date of these presents [Page 164] without fraud or coven; That then the foresaid Recognizance shall be utterly void and of none effect, or else it to remain in full force, strength, and vertue; In witnesse whereof the parties first above named to these present Indentures, enter-changeably have set to their hands and seals, dated the day and year first above written.
A Declaration that a mans name in a Conveyance of Land, was only in trust.
TO all to whom these presents shall come, I, S. V. of L. Goldsmith, sends greeting: Whereas I. R. of, &c. in the County of S. gent. lately purchased of Sir I. W. of, &c. all that Bain and yard, with the appurtenances, parcel of or belonging to the late Rectory of B. S. in the County of S. now or late in the tenure or occupation of the said I. R. his assignee or assignees, which said premisses were by the direction and appointment of the said I. R. conveyed by the said, &c. to me the said S. V. and my heirs, as by the said Conveyance thereof, bearing date the five and twentieth day of September last past may appear, which said Conveyance was so made to me only in trust, to and for the benefit of the said I. R. and his heirs; Now know ye, that I the said S. V. do hereby acknowledge and declare that I am nominated partly in the said recited Deed of bargain and sale, by and on the behalf of the said I. R. and that I am therein trusted only by and for him the said I. R. and his heirs, and that I do not claim to have any right or interest in the said barn and premisses, or any part thereof, by the said Conveyance so made to me, or otherwise to my own use or benefit, but only to and for the sole use [Page 165] and benefit of the said I. R. and his heirs; And I the said S. V. do for my self, and my heirs, covenant to and with the said I. R. and his heirs by these presents, that I the said S. V. and my heirs, shall and will at any time hereafter upon request, and at the costs and charges of the said I. R. and his heirs, by good assurance and conveyance in Law, convey the said barn and premisses to the said I. R. and his heirs, or to such other person or persons as he shall nominate, direct or appoint. In witnesse whereof I the said S. V. have hereunto put my hand and seal the, &c. day of, &c. in the year of our Lord God, one thousand six hundred fifty and one.
A grant of Lands in Fee, in consideration of money, and in further consideration of exchange of other Lands.
THis Indenture made, &c. between, &c. Witnesseth that the said L. G. and also for and in consideration of a certain competent summe of lawful money of England to him in hand before the ensealing and delivery of these presents, by the said I. B. well and truly paid, and for and in consideration of other Lands, Tenements and Hereditaments by the said I. B. conveyed and assured to the said L. G. and his heires in exchange; Whereof and wherewith the said L. G. acknowledgeth himself fully satisfied and contented, and thereof, and of every part and parcel thereof, clearly acquitteth and dischargeth the said I. B. his heirs and assignes, by these presents hath bargained, sold, aliened, enfeoffed and confirmed, and by these presents, doth fully and clearly bargain, sell, alien, enfeoffe, and confirm in exchange unto the said I. B. and his heirs; All that Scite, and [Page 166] capital Messuage or Tenement with the appurtenances scituate, &c. now being in the tenure or occupation of the said L. G. or his assignes, and all and every the barns, stables, out-houses, orchards, gardens, and other appurtenances to the said Messuage or Tenement belonging, or in any wise appertaining, and all and every other the Lands, Meadows, Pastures and Closes therewith occupied by the said L. G. and being in E. aforesaid; And all that Messuage or Tenement, with the appurtenances scituate and being in E. aforesaid, and 30. acres of land, meadow, and pasture thereunto belonging, now or late in the tenure, &c. And all that Messuage, &c. and all that Cottage, &c. and all and every the Commons, Wasts, Grounds, Leys, and other appurtenances to the premisses or any of them belonging, or in any wise appertaining; And all and every other the Lands, Tenements and Hereditaments scituate, lying and being in E. aforesaid, with all and singular the appurtenances, whereof E. G. Esq Father of the said L. died seized of an estate of inheritance, and the Reversion and Reversions of the premisses, and of every part and parcel thereof, and all and every the Rents and yearly profits whatsoever, reserved upon whatsoever lease, demise or grant, leases, demises or grants made of the premisses, or of any part thereof, except and alwayes reserved out of this present grant, bargain and sale to the said L. G. his heirs and assigns, the Parsonage of C. and the Parsonage house and grounds thereunto belonging, within, &c. now in the occupation of R. B. clerk, and also except, &c. And also the said L. S. for the said Consideration hath bargained and sold, and by these presents doth, &c. to the said I. B. and his [Page 167] heirs, and all and every the Deeds, Evidences, Escripts and Muniments whatsoever, touching or concerning only the premisses, or only any part or parcel thereof, all and every which Deeds, Evidences and Writings, or as many of them as the said L. G. now hath, or any other to his use, or by his delivery hath or have, or which he may lawfully come by without suit in Law; The said L. G. Covenanteth and Granteth by these presents, for himself, his heirs, executors and administrators, to and with the said I. B. his heirs and assignes, safely to deliver to the said I. B. his heirs and assigns, before the Feast of St. Michael the Arch-Angel, next ensuing the date hereof, whole and uncancelled, to have, hold, and enjoy the said Capital Messuage or Tenement, and all and every the said Messuages, Tenements, Lands, Meadows, Pastures, Commons, and all and every other the premisses, with the appurtenances to the said I. B. his heirs and assigns for ever, to the only use and behoof of the said I. B. his heirs and assignes for ever; And the said L▪ G. for himself, his heirs, executors and administrators, and every of them, doth covenant, promise and grant to and with the said I. B. his heirs and assignes, that he the said L. G. is and standeth at the ensealing and delivery of these presents, and so shall be at the execution of the first estate of inheritance, of and in the premisses to the said I. B. soly, lawfully and rightfully seized of a good, lawful, perfect and rightful estate in the Law in Fee-simple, of and in the said Capital Messuage or Tenement with the appurtenances, and of and in all and every the said Messuages, Tenements, Lands, Meadows, Pastures, and all and every other the premisses with the appurtenances, [Page 168] and of and in every part and parcel thereof, to the proper use of the said L. G. and his heirs for ever, without any manner of Condition, and without any Reversion or Remainder thereof, or of any part thereof in the Kings Majesty, his Heirs or Successors, or of any other person or persons whatsoever, and that he hath good right, just and true title, and lawful authority to bargain, sell and assure the same to the said I. B. and his heirs, according to the tenor and true meaning of these presents; And also the said L. G. for himself, his heirs, executors and administrators, and every of them, doth covenant, promise, and grant to and with the said I. B. his heirs and assigns by these presents, that the said I. B. his heirs and assigns, shall, and lawfully may from hence for ever peaceably and quietly have, hold, occupy and enjoy the said Capital Messuage or Tenement, and all and every other the premisses with the appurtenances, without any manner of let, trouble or interruption of the said L. G. his heirs or assigns, or of any person or persons claiming, by, from or under any the Ancestors of the said L. G. clearly discharged, or for ever hereafter sufficiently saved harmlesse by the said L. G. his heirs and assigns, of and from all and every other bargains, sales, estates, leases, statutes-merchant, and of the staple Recognizances, Judgements, Joyntures, Dowers, Annuities, Fines, &c. and of and from all and every other charges and incumbrances whatsoever, by the said L. G. or any of his Ancestors, had, made, committed or done, or willingly suffered before the ensealing and delivery of these presents, or before the execution of an estate and seizin of and in the premisses to the said I. B. his, &c. except the rents and [Page 169] services to be due and done to the chief Lord or Lords of the Fee or Fees of the premisses in respect only of the Seigniory thereof, and also except one Lease and Demise made by the said E. G. of the said Tenement now in the occupation of the said I. R. for term of certain years, which shall expire within 9. years now next coming, whereupon is reserved the yearly Rent of 30. shillings; And one Lease and Demise made to, &c. for certain years, not exceeding the term of 17. years now to come, whereupon is reserved, &c ut predict. or for certain years, whereof there are not now to come above the numbe of 17. years, and whereupon is reserved, &c. which said several yearly rents, and every of them, shall continue and be payable to the said I. B. his heirs and assigns, during the continuance of the said several Demises, And also the said L. G. covenanteth and granteth by these presents, for himself, his heirs, executors and administrators, to and with the said I. B. his heirs and assigns, that he the said L. G. and A. his wife, and the heirs of the said L. and all and every other person and persons, and their heirs having, or that shall have any right, estate or interest of or in the premisses, or any part thereof, by, from or under the said L. G. or by, from or under any of his Ancestors, shall and will from time to time during five years now next ensuing, at the reasonable request, costs and charges of the said I. B. his heirs and assigns, do make, & execute, or cause, knowledge & suffer to be done, all and every such further act and acts, thing and things, device and devices in the Law whatsoever, be it by Deed or Deeds, inrolled, or not inrolled, Fine, Feoffment, Recovery, with double or single Voucher or Vouchers, release, [Page 170] confirmation, or otherwise with warranty against the said L. G. and his Heirs, and the Ancestours of the said L. G. or otherwise without warranty for the further and more better and perfect assurance, surety and sure-making of the said Capital Messuage or Tenement, Lands, Meadows, Pastures, and all and every other the premisses with the appurtenances to the said I.B. his Heirs and Assigns, as by the said I. B. his Heirs or Assigns, or his or their Councel learned in the Law shall be reasonably devised or advised: In witnesse, &c.
Articles concerning Lands purchased untill the Covenants could be made.
Articles of agreement i
[...]dented, made, concluded and agr
[...]ed upon the
[...] day of Sept. between H.D. of E. in the C. of H. gent. of the one party, & F.R. of the Parish of S. M. in the fields in the C. of M.T. of the other party, viz
IMprimis, the said H. D. (for the consideration hereafter in these presents mentioned and expressed) for himself, his Heirs, Executors and Administrators, and every of them, doth covenant, promise and grant to and with the said F.R. his Heirs, Executors, Administrators and Assigns, and every of them by these presents, that he the said H. D. and [...] his wife, their Heirs, Executors, Administrators and Assigns, shall and will at the proper costs and charges in the Law of the said F. R. his Heirs, Executors, Admin. or Assigns, by or before the tenth day of October, now next coming after the date of these presents, make, seal, deliver, do, execute and acknowledge all and every such Act and Acts, Deed and Deeds, Fine and Fines, Assurance or Assurances, or other conveyances in the Law whatsoever, as he the said F. R. his Heirs, Executors or Assigns, or his or their Councel learned in the Law shall reasonably devise, advise or require for the sure conveying, setling, [Page 171] assuring and sure-making unto the said F. R. his Heirs, Executors, Administrators and Assigns for ever, All that Messuage or Tenement with all the Appurtenances thereunto belonging or appertaining, as the same now is in the occupation of B. A. Pewterer his Assignee or Assignees; And of all that Messuage or Tenement with all the Appurtenances thereunto belonging or appertaining, as the same now is in the tenure or occupation of [...] S. Chandler, his Assignee or Assignees: And of all that room or shop with the Appurtenances, now in the occupation of W. Cheese-Monger, all which premises are scituate, lying and being on the South-side of the High-street, commonly called Fleet-street London, over against the Conduit at or near the corner turning into Salisbury Court there.
In consideration whereof he the said F. R. for himself, his Heirs, Executors and Administrators, doth covenant, promise and grant to and with the said H. D. his Heirs, Executors, Administrators and Assigns, and every of them by these presents, that he the said F. R. his Heirs, Executors, Administrators or Assigns, or some of them, shall and will well and truly satisfie, content and pay, or cause to be satisfied, contented and paid unto the said H. D. his Heirs, Executors, Administrators or Assigns the full summe of five hundred and ten pounds of lawful money of England in manner and form following; viz. Ten pounds thereof at the ensealing and delivery of these presents, the receipt of which said ten pounds, the said H. D. doth hereby acknowledge and confesse, and thereof doth clearly and absolutely exonerate, acquit and discharge the said F. R. his Heirs, Executors and Administrators for ever by these presents; [Page 172] And the other five hundred pounds residue and in full payment thereof forwith and immediately after that he the said H. D. & A. his wife, their Heirs, Executors or Assigns, shall have levied and acknowledged to the sole and onely proper use and behoof of the said F. R. his Heirs, Executors, Admin. and Assigns, (in due form of Law) such Conveyances and Fine or Fines, of all the premises with their Appurtenances before mentioned or intended to be sold unto him the said F. R. his Heirs, Executors or Assigns, as the Councel learned in the Law of the said F. R. his Heirs, Executors, Administrators or Assigns shall reasonably devise, advise or require without covin or delay.
Item, it is agreed between all parties to these presents, that all Assurances and Conveyances, and all Fine or Fines hereafter to be had, levied and acknowledged of all the premises before mentioned, shall be and enure, and shall be deemed, construed and taken to be and enure to the sole and onely proper use, benefit and behoof of him the said F R. his Heirs, Executors, Administrators and Assigns for ever, and to no other use, intent or purpose whatsoever.
Lastly, it is agreed that if the said [...] D. doth not travail up in person to the Cities of London or Westminster, for to levy and acknowledge such Fine or Fines, or other conveyances as shall be requisite for the sure setling of the premises unto the said F. R. his Heirs, Executors and Assigns in form afore mentioned, then he the said H. D. his Heirs, Executors or Assigns shall pay and allow unto the said F. R. his Heirs, Executors or Assigns at the acknowledging of such Fines, the sum of ten shillings sterling, for and towards his charges in procuring of a Writ called dedimus potestatem to enable [Page 173] her the said D. to acknowledge the same Fine in the Country. In witnesse, &c.
Bonds to perform Covenants. A plain bargain and sale to be enrolled.
THis Indenture made the [...] day of in the seventh year of the Raign of our Soveraign Lord Charles, by the grace of God of England, Scotland, France and Ireland King, Defender of the faith, &c. Between I. B. Citizen and Grocer of London of the one part, and I. D. of H. in the County of E. Esq I. S. of Lincolns Inne in the County of M. Esq I. C. of D. in the County of H. Clark, and R. D. Gent. second son of the said I. D. of the other part, witnesseth that the said I. B. for and in consideration of the sum of five hundred and thirty pounds of good and lawful money of England to him in hand paid by the said I. D. the receipt whereof he acknowledgeth by these presents, hath granted, bargained and sold, and by these presents doth clearly and absolutely grant, bargain and sell unto the said I. D. I. S. I. C, and R. D. their Heirs and Assigns for ever, all that Field or parcel of land, lying and being in R. in the County of E. commonly called or known by the name of Hilly Field; And all that little Marsh or parcel of Marsh-ground, lying and being at or near the end of the said Field or parcel of Land; And also all that great Marsh or parcel of Marsh-ground, and the little Marsh or parcel of Marsh-ground adjoyning to the same great Marsh in R. aforesaid; All which premisses do contain together by estimation thirty and five acres, be they more or lesse, and are set, lying and being in R. aforesaid, and now or late in the [Page 174] tenure and occupation of T. L. of H. in the said County of E. Esq and the above-named I. D. or one of them, or of the Assignee or Assignees of them, or one of them, and all buildings, woods and under-woods standing and growing upon the premisses, & all ways, easements, profits, commodities and appurtenances whatsoever thereunto belonging, and all the reversion and reversions, remainder and remainders, estate and interest of him the said I. B. of and in all and singular the premisses, with all and every their incidents, and all evidences, writings or muniments, of or concerning the said lands and premisses, to have and to hold the said Field, Marshes, Marsh-grounds and premisses before mentioned with all and every their appurtenances unto the said I. D. I. S. I. C. and R. D. their Heirs and Assigns to the onely use and behoof of them the said I. D, I. S. I. C. and R. D. their Heir, Heirs and Assigns for ever: In witnesse, &c
Articles for building. Articles of a Covenant indented, made, concluded and agreed upon the, &c. Between I. F. of, &c. of the one part, & T. B. of, &c. of the other part, as followeth, viz.
FIrst, the said T. B. and C. T. for themselves their Executors and Administrators do jointly and severally covenant, promise and grant to and with the said I. F. his Executors, Administrators and Assigns by these presents in manner and form following, that is to say, that they the said T. B. and C. T. their Executors, Administrators or Assigns, or some of them for the consideration hereafter mentioned, shall and will forthwith take down the now dwelling house of the said I. F. scituate and being in St. M. lane in the Parish of St. M. in the Fields above-said, and in the room thereof [Page 175] shall make, erect, build and set up one new Tenement or dwelling house to contain thirty feet and a half in width, or near thereabouts, and in length thirty and six feet or near thereabouts, and shall make one Celler of the same length and breadth, and shall make two rooms upon each floor, the one forward and the other backward, and shall make the Celler six foot and a half deep, the Story over the same Celler nine feet deep, the Story over the same Story nine feet deep likewise, the half Story over the same Story seven feet and a half deep, and the Garrets over the said half Story, three feet and a half to the top of the raising piece, and shall make one stack of Chimnies to contain ten fire rooms of such largenesse as the room will conveniently afford, and shall make them sufficient to carry away the smoke without any annoyance; And shall pave the Celler with good and well-burned bricks, and shall lay all the foot paces with green and yellow tyles, saving the Cellers which is to be laid with brick, and the dining room which is to be laid with Galley tyles, and shall make the walls on the South side, the fore-front, and the back-side according to his Majesties Proclamation, and shall provide and set up of all manner of timber to be used about the same building of good and sufficient scantlings, and shall lay all the floors with good seasoned Norway deal boards well shot and plained, and closely laid and well nailed, and shall make good and easie staires of Elme boards so large and spatious as the room will afford, and shall well and sufficiently tyle all the said building with good tyles and lath the tyling with hart laths, and shall lay all the walls, sealings and partitions with lime and hair, and shall make a good and sufficient batten [Page 176] deal dore towards the street, and shop windows suitable to the same, and shall set one sufficient lock and bolt to the street-door, one bolt to the back-door, and one bolt to the Celler-door, and shall make one sufficient door to every room, and hang them with sufficient hooks and hinges, and shall make sufficient casement to all the windows, that is to say, foure in the dining room, two in the next room over the dining room, two in the half Storie and one in the Garret, one in the room next over the Celler backward, and one in each room over the same room, and shall make all the windows as large and convenient for light as the rooms will afford, and shall make such lights for the Stairs in the side-walls as shall be fi [...]ting and convenient, and shall make or do, or cause to be made and done, all the Plumbers work and Glasiers work of and belonging to the said building well and sufficiently, and shall colour all the outside of the windows, doors, shutting windows and the Posts at the doors with oyle of a stone colour, and the inner side of the window of the lower room backward, and the inner side of all the windows of every room above Stairs with size of the same colour, And shall make cresting-boards to every window, and shall make a Pent-house covered with tyles over the street-door and shop windowes the whole breadth of the fore front, and shall set up two fair turned Posts at the street-door with two Benches to sit on, and also shall set up one vise board in the shop of Oak, foure inches thick, two foot broad, and eight feet long, make one brickwall of seven foot high with the Coping, one brick in length thick, and thirty foot long or thereabouts, to sever the yard of the said I. F. from the yard now in the occupation of L. S. I. and also shall [Page 177] remove the Cole-house now standing in the yard of the said I. F. from the place where it now standeth to the upper end of the said yard, and also shall make one shop with a room or chamber over it, which shall adjoyne up close to the said Cole-house; And the said new brick-wall which is to be built for the dividing of the said yard, which said shop or shed and room over it, is to contain in length thirteen feet, in breadth nine feet, and in heighth up to the eves seven feet, and shall cover it with tyles and lay all the walls with loam and lime and hare rendred upon; And shall make one forge Chimney and a Hearth to it and a frame to hang a pair of bellowes on, and shall set up two vise boards the one below and the other above, such as the said I. F. shall provide, and shall make two shutting windows the one below and the other above, and hang them with hinges, and shall make the floor of the chamber or room above of sufficient joysts and boards, and shall make a ladder to go up thereinto with flat steps, and shall finde and provide at their costs and charges all and all manner of tyles, bricks, laths, nails, lead, iron, sand, lime, loame, hair, scaffolding, stuffe, and all other materials whatsoever which shall be fit and needful to be used in or about the said buildings and shall carry away all the rubbish, loam and earth whatsoever which shall arise by reason of the said building, and also shall make one good and sufficient gutter to carry the water out of the yard into the street, and shall and will well and work-man-like frame, erect, set up and finish all the said building in and by all things that belongeth to the works of a Carpenter, Brick-layer, Tyler, Plasterer, Plumber, Smith and Glasier, at or before the foure and twentieth day of [Page 178] August now next coming after the date hereof.
In consideration of which said building to be done and finished in manner and form aforesaid, the said I. F. for himself, his Executors and Administrators, doth covenant and grant to and with the said T. B. and C. T. their Executors, Administrators and Assignes by these presents in manner and form following, that is to say, that the said I. F. his Executors, Administrators or Assigns, or some of them, shall and will truly pay or cause to be paid unto the said T. B. and C. T. their Executors, Administrators or Assigns, at or in the now dwelling house of A. T. shoomaker, scituate and being in St. M. Lane aforesaid, the sum of one hundred pounds of lawful money of England, at three several payments in manner and form following, that is to say, thirty three pounds six shillings and eight pence thereof in hand, at and before the sealing and delivery hereof, the receipt whereof the said T. B. and C. T. do hereby acknowledge and confesse, and thereof and of every part and parcel thereof do clearly acquit, exonerate and discharge the said I. F. his Executors and Administrators, and every of them, for ever by these presents; other thirty three pounds six shillings and eight pence thereof when the whole building is framed, the Chimneys set up, and the roof tyled, and other thirty three pounds six shillings and eight pence thereof residue and in full payment of the said sum of one hundred pounds when the whole building is fully set up and in every respect finished; And further, that the said T. B. and C. T. their Executors, Administrators or Assigns shall have and take to his and their own uses all he timber, boards and other materials whatsoever [Page 179] to be pulled down in or about the said old house, and use so much thereof in the new building as shall be good, sound and serviceable; In witnesse, &c.
Articles between two Joynt purchasers for dividing the rent, and avoiding survivorship.
Articles of Agreement indented, made, concluded and agreed upon the
[...] day of August. Between
P. D. of
S. P. C. within the Parish of
S. M. in the Fields, in the County of
M. Victualler of the one part, and
L. D. of the Parish of
S. M. in the Fields aforesaid, Citizen and Merchant-Taylor of
L. of the other part,
viz.
IMprimis. Whereas G. G. of the Parish of St. M. in the Fields aforesaid G. by his Indenture of lease, bearing date the eleventh day of M. in, &c. for the consideration therein expressed, did demise, grant, and to farm-let unto T. N. then of the City of W. in the said County of M. Taylor; All that piece or parcel of ground, parcel of the Earle of B. pasture, called Covent-Garden and Long-Acre, or one of them butted and bounded, and containing such length and breadth, as in the said Indenture is expressed, together with all that Messuage or Tenement thereon, or on part thereof, then lately erected and built by the said G. G. containing a Kitchen, a Cellar, a Shop, and Back-room over the said Kitchen and Cellar, and six Chambers over the said Shop and Back-room, with Studies and other conveniences [Page 180] thereunto belonging; Together likewise with a Well, a House of Office, and a Crosse Partition wall then lately built on the said ground, together also with all lights, easments, water-courses, profits, and emoluments whatsoever to the said premisses belonging, and all wayes and passages then used, or which then after should be laid forth and used, to and for the said new erected building, all which premisses are scituate, lying and being in the Parish of St. M. in the fields aforesaid; To have and to hold unto the said T. N. his executors, administrators and assigns, from the Feast-day of the Annunciation of our blessed Lady, St. Mary the Virgin, then next ensuing the date of the said Indenture of Lease, unto the full end and term of twenty and one years from thence next ensuing, fully to be compleat and ended, at and for the yearly Rent of six and twenty pounds of lawful money of England payable; As in and by the said recited Indenture of Lease, amongst divers Covenants, Grants, Clauses, Conditions and Agreements therein contained, more at large doth and may appear: And whereas the said T. M. by his Indenture of Lease bearing date the Sixteenth day of M. in the, &c. for the Consideration therein expressed, did demise, grant, and to farm-let unto P. P. of London gent. the several Roomes, Chambers, Easments and Commodities in the said Indenture particularly mentioned and set down, being part and parcel of the Messuages or Tenements wherein the said T. N. did then, or of late thentofore inhabit and dwell together, with all Wayes, Lights, Easments, Water-courses, and amongst others those that fell in the Common Sewer at that present, through the Tenements, that the said N. did then possesse, and all profits, [Page 181] commodities and appurtenances whatsoever to the said several Rooms and premisses belonging and appertaining, as the same were then severed, divided, parted and allotted out for the use and occupation of the said P. P. To have and to hold the said Rooms and premisses unto the said P. P. his Executors, Administrators and Assigns, from the day of the date of the said last mentioned Indenture of Lease, unto the full end and term of Fourteen years from thence next and immediately ensuing, and fully to be compleat and ended; At and for the yearly Rent of four and twenty pounds payable, as in and by the said last recited Indenture of Lease, amongst divers Covenants, Clauses, Conditions and Agreements therein concontained, more at large also doth and may appear, the estate, right, title, interest and terme of years to come of him the said T. N. of, in, and to all the above recited premisses and every part thereof is lawfully come and vested in the above-named P. D. and L. D. by force and vertue of one Indenture of Assignment bearing date the six and twentieth day of May last past before the date of these presents made and granted by the said T. N. unto the said P. D. and L. D. as in and by the said Indenture of Assignment amongst other things therein also contained more at large likewise appeareth; And whereas also the said P. D. and L. D. by their Indenture of Lease bearing date the twentieth day of June last past before the date of these presents, (for the consideration therein expressed) did demise, grant, and to farm-let unto G. D. of the Parish of St. C. D. in the said County of M. Citizen and Painter-stainer of London, all that Messuage or Tenement being part of the premisses first above recited, containing [Page 182] the several rooms particularly in the said last mentioned Indenture expressed with the yard, garden-plot and house of Office, and all lights, easements, wayes, passages, profits, commodities and appurtenances whatsoever to the said premisses be longing or in any wise appertaining, (except out of the said last demise as in the said Indenture is excepted) to hold the said premisses unto the said G. D. his Executors, Administrators and Assigns, from the Feast of the Nativity of St. John Baptist next ensuing the date of the said last mentioned Indenture of Lease unto the full end and terme of twelve years and half a year, two months and fourteen dayes from thence next ensuing, and fully to be compleat and ended, at and for the yearly rent of thirty pounds payable as in and by the said last recited Indenture of Lease amongst divers other covenants, clauses and agreements therein also contained more at large likewise appeareth; and whereas further the said P. D. and L. D. by one other Indenture of Lease bearing date the twentieth day of July last past before the date of these presents (for the consideration in the same Indenture) expressed, did demise, grant, and to farm let unto W. H. Citizen and Fish-monger of London, all that Messuage or Tenement with the yard behinde the same, and the house of Office in the same yard standing, being parcel likewise of the said premisses first above recited, for the term of twelve years one half a year two months and fourteen dayes commencing from the Feast day of the Nativity of St. John Baptist last past before the date of the same Indenture of Lease, for and under the yearly rent of ten pounds and ten shillings payable likewise, as in & by the said last mentioned Indenture of Lease amongst divers covenants, [Page 183] clauses and agreements in the same Indenture of Lease contained more at large also appeareth.
Now it is covenanted, concluded and agreed by and between the said parties to these presents, and the true intent and meaning of either of them is, that forasmuch as either of the parties above-named have disbursed and paid their several equal shares and proportions of money for the purchase of the premisses above recited, that the several rents of thirty pounds, fourteen pounds, and ten pounds ten shillings upon and by the said several mean Indentures of Leases above recited reserved, (the said yearly rent of six and twenty pounds reserved upon the said first recited original Indenture of Lease payable to the above-named G. G. his Executors, Administrators or Assigns, for all the before recited premisses being first paid and discharged) shall be equally divided and shared between the said parties, parties to these presents, share and share like; and if it shall happen either of the said parties to die before the end and expiration of the term and terms of years in the said several Indentures of Leases before recited, or in any or either of them now to come and unexpired, that then and from thenceforth, it shall and may be lawful to and for the Executors, Administrators and Assigns of the party deceasing, to have, occupy, receive, take and enjoy the full and entire moiety or half-part of all the rents, issues and profits of all and singular the before recited premisses with the appurtenances, in as large and ample manner and form to all intents and purposes, as the party so dying should or ought to have done, if he had lived and were then living, any grant, restraint, provision, statute or ordinance to the contrary [Page 184] notwithstanding, and that neither of the said parties, nor the Executors, Administrators or Assigns of them, or of either of them, shall or will at any time or times hereafter take, demand or receive any of the rents above reserved, or make or give any dircharge or acquittance of or for the same or any part or parcel thereof, without the knowledge, assent or consent of the other party, his Executors, Administrators or Assigns, first had and obtained in writing under his, or their hand or hands.
Item ,it is further covenanted, concluded and agreed unto, by and between the said parties to these presents, that neither of the said parties, nor the Executors, Administrators or Assigns of them, or of either of them, shall or will at any time or times hereafter, grant, bargain, sell, assign, surrender or set over his or their estate or estates, right, title, interest, term and terms of years to come of, in or to all or any part of the before recited premisses with the appurtenances, to any person or persons whatsoever, without the knowledge, consent or refusal of the other party first had, (he paying asmuch as any other shall or will give and pay, (bona fide) for the same) or shall or will take or endeavour to take any new Lease for years, lives or otherwise, or any other grant whatsoever of the before recited premisses, or any part or parcel thereof in reversion after the expiration of the term of years they now have and enjoy in the said recited premisses, by force and vertue of the said first recited Indenture of Lease made from the said G. G. to the said T. N. as aforesaid, either from the said G. G. his Executors, Administrators or Assigns, from the Right Honourable the Earle of B. his Heirs or Assigns, [Page 185] or any other immediate Tennant or Farmer, claiming from, by or under them or any of them, without the knowledge, assent, consent or refusal likewise of the other party, his Executors, Administrators or Assigns, in writing under his or their hand or hands or before sufficient witnesses first had and obtained.
Lastly, it is covenanted, concluded and fully agreed upon, by and between the said parties to these presents, that all and every the several Deeds and Writings before recited, shall be reputed, deemed and taken, to be and enure to the joint use and uses, benefits and commodities of both the said parties, their Executors, Administrators and Assigns, and to no other use, intent or purpose whatsoever, and that the party, his Executors, Administrators or Assigns, so keeping the same writings, shall and will upon the reasonable request or requests of the other party, his Executors, Administrators or Assigns, at all times hereafter produce and bring forth, and be ready to shew all and every, or so many of the same writings that shall be required at his or their hands, either for the producing and getting of a further time or title, of and in all or any part of the before recited premisses, or for the maintenance of the title of the premisses, (if it should be questioned) or for the selling and conveying away of all his or their estate or interest, of and in, the moiety of all, or any part of the said recited premisses without covin or delay; In witnesse, &c.
Articles to surrender copy-hold Lands, till the surrender can be had.
Articles of Agreement, indented, had, made, concluded and agreed upon the
[...] day of January. Between
P. C. of
B. in the County of
W. gent. of the one part; and
H. H. of
M. T. L. gent. of the other part;
as followeth.
IMprimis, whereas the above-named P. C. now standeth lawfully seized in his demesne, as of fee according to the custome of the Mannour of B. aforesaid, after the decease of T. C. Widow, of and in one copy-hold or customary messuage together with a garden, back-side, out-house, and other appurtenances thereunto belonging, scituate in the upper street in B. aforesaid, and parcel of the aforesaid Mannour. And whereas the said P. C. is now possessed of the aforesaid Messuage and premisses with the appurtenances by demise from the said T. C. for a certain term ending at the Feast of Saint Michael the Archangel, next ensuing the date above written, The said P. C. doth for himself, his Heirs, Executors and Assigns, covenant, grant and agree to and with the said H. H. his Executors and Assigns by these presents, that he the said P. C. on this side, and before the first day of Easter term next ensuing, shall at the costs and charges of the said H. H. convey, assign and set over unto the said H. H. and his Assigns, all the present estate, title and interest of the said P. of, in and to the said Messuage and Premisses, and every part and parcel thereof with the appurtenances, [Page 187] and shall and will put the said H. H. or his Assigns in peaceable possession thereof, and that the same shall be then in as good plight and repair as now they be.
Item ,the said P. C. for and in consideration of the summe of ten pounds of lawful money of England, by the said H. H. unto the said P. C. well and truly payed, whereof the said P. doth acquit and discharge the said H. by these presents, as also for and in consideration of the summe of one hundred pounds of like money to be paid by the said H. to the said P. as hereafter in these presents is limited, doth for himself, his Heirs, Executors and Assigns, and every of them, covenant, grant and agree to and with the said H. H. his Executors and Assigns by these presents, that he the said P. C. and S. his wife, shall and will before and on this side the said first day of Easter term next ensuing, by usual names surrender according to the custome of the said Mannour, into the hands of the Lord of the said Mannour, the aforesaid Messuage and Premisses with the Appurtenances, and all their estate, possession, reversion, remainder, right, title and interest therein, to the use and behoof of the said H. H. his Heirs and Assigns for ever, and that he the said P. hath now good right and title to the said Messuage and Premisses with the Appurtenances, and a good estate therein in fee-simple according to the custome of the said Mannour after the decease of the said T. C. and shall make and give unto the said H.H. such assurance and security for the quiet enjoying of the Premisses, as the said P. hath had, made or given unto him by W. W. of whom the said P. lately purchased the same, and shall and will assign over to the said H. by such ways or means as [Page 188] by him or his Councel learned in the Law shall be reasonably devised, advised and required, all bonds and other callateral security, which the said P. now hath, for the safe and free enjoying of the Premisses or any part thereof.
Item ,the said H. H. doth for himself, his Heirs, Executors and Assigns, covenant, promise and grant to and with the said P. C. his Executors, Administrators and Assigns, and every of them by these presents, that he the said H. H. or his Assigns, shall and will upon the aforesaid surrender made by the said P. and S. his wife, and the peaceable possession delivered of the Premisses in such good plight and repair as they now be according to the true intent and meaning of these presents, pay, content and satisfie unto the said P. C. or his Assigns, the whole and just summe of one hundred pounds of lawful money of England.
Item ,it is agreed between the said parties to these presents, that the said H. H. shall buy of the said P. C. such movables as now be in the said Messuage and Premisses, or that he shall be pleased to leave there at such rates as two men to be by the said P. and H. indifferently chosen shall appraise the same, and that the said H. H. shall pay unto the said T. C. all Rents that shall grow due unto her for the Premisses from the day of the date of these presencs, in witnesse whereof the parties above named to these presents, have interchangeably set their hands and seals the day and year first above written.
An Indenture of Covenants to stand seized to uses, in consideration of marriage, &c.
THis Indenture made the [...] day of January, in the year of the Raign of our Soveraign Lord Charles, by the graec of God of England, Scotland, France and Ireland King, Defender of the faith, &c. the second, between I. F. of D. in the County of D. Gent. of the one part, and N. G. of W. K. in the said County Yeoman, I. S. of S. in the said County Yeoman, and W. B. of S. aforesaid, Yeoman of the other part, witnesseth, that for and in consideration that the said I. F. hath married A. the daughter of the said N. G. and by her issue hath one son, and to the intent to provide and establish some certainty of living and livelihood to be had and enjoyed by or unto the said A. after his decease, and for the establishment of some part and portion of those inheritances as is descended unto him the said I. F. from his Ancestours, unto his said son I. begotten on the body of the said A. and unto such other issues as it shall please God to send him of the body of the said A. for the natural affection and fatherly love he beareth unto the said I. and other issues he may happen to have on the body of the said A. and to the intent that she the said A. may be the better able to bring up, educate and help the said I. his sonne, and such other childe or children as he shall happen to have by the said A. when it shall please God to call the said I. F. out of this mortal life, if it shall chance that she shall over-live the said I. F. doth by these presents, covenant, grant and agree to and with the said N. G. I. S. and W. B. and to and with every of them, [Page 190] that he the said I. F. his Heirs and Assigns, and every of them, shall and will from henceforth stand and be seized of and in one Messuage or Tenement, and Cottage, with all and singular the Appurtenances, set, lying and being in S. in the Parish of B. R. now in the tenure of I. L. under the yearly Rent of ten shillings, one other Cottage, parcel of the said Tenement, now in the tenure of one W. D. under the yearly rent of five shillings, and of and in one other Messuage or Cottage, parcel also of the said Tenement, now in the tenure of one C. B. and the yearly Rent of foure shillings, and of and in all those several Messuages or Cottages adjoyning to the Farm of D. that is to say, one Cottage and Mault-Mill garden, and an acre and half of pasture, now in the tenure of A. F. Widow, under the yearly Rent of foure shillings, and of and in one other Messuage or Cottage, and Orchard, and an acre and half of pasture, now in the tenure of one I. D. under the yearly Rent of five shillings & foure pence, and of and in that other Messuage or Cottage, and garden thereunto, now in the tenure of B. B. Widow, under the yearly Rent of foure shillings, and of and in all that other Cottage called T. now in the tenure of [...] A. under the yearly Rent of foure shillings, and of all that other Messuage or Cottage now in the occupation of R. W. under the yearly Rent of foure shillings, and of and in all and singular the Reversions and Reversion, Remainders and Remainder, Rent and Rents, of, in, to, or out of, all the Lands, Tenements, Messuages and Hereditaments aforesaid, or any of them, and of and in any other his profits, commodities and advantages whatsoever, to the said Lands, Tenements and Hereditaments, or any of them belonging, [Page 191] or in any wise appertaining, or had, used or occupied in or upon the same, to the onely proper use and behoof of the said I. F. for and during his natural life without impeachment of any manner of wast, and from and after his decease to the only use and behoof of the said A. during her natural life, and from and after her decease to the only proper use and behoof of the said I. son of the said I. F. the father, for and during his natural life, and after his decease to the use and behoof of the said I. F. and the Heirs of the body of the said A. by the said I. F. lawfully begotten, or to be begotten, and for default of such issue to the use of the right Heirs of the said I. F. the father for ever, and it is covenanted, granted and fully agreed by these presents, by and between the said parties to these presents, and every of them, their, and every of their Heirs and Assigns, that all and every grant, feoffment, fine, recovery and other conveyance, assurance, assurances and conveyances whatsoever, to be had, made or executed by the said I. F. his Heirs and Assigns, or any of them within the space of five years next ensuing, of or concerning the said Lands, Tenements, and other the Premisses aforesaid, or of or concerning any part or parcel thereof, at all times hereafter shall be adjudged, deemed and taken to be only to the intents, uses and purposes in these presents mentioned and expressed, and to no other uses, intents or purposes; provided alwayes, and it is agreed between the said parties to these presents, that it shall and may be lawful to and for the said N. G. I. S. and W. B. or the survivours of them, whereof the said I. F. to be one, at all and every time and times, and from time to time, during the life of the said I. F. at the will and pleasure of such of them foure, [Page 192] three or two of them which then shall be living, whereof the said I. F. to be one by their Deed or Writing, indented of all them which then shall be living, be it foure, three or two of them, so that the said I. F. be one of them, or such of them as shall be parties to the same sealed and subscribed, to alter, determine, diminish, change or enlarge any or all the aforesaid use and uses before declared of the Premisses or any part thereof, the use and estate before limited, declared or appointed to the said A. wife of the said I. F. for the term of her life only excepted, and by the same, or any other such Writing indented, sealed and subscribed as is aforesaid, to limit and appoint, give or grant, the use or uses of the Prem [...]sses, or any part thereof to the said persons, or any of them, or to any other person or persons in fee-simple, fee-tail, for life, lives or years, or otherwise, and that after such alteration, determination, enlarging, limitation or appointing of any the use or uses aforesaid, or of any parcel thereof, the use only of such and so much of the Premisses, whereof any such alteration, determination or enlarging of any use or uses aforesaid, shall be as is aforesaid, had or made, shall be and shall be deemed and adjudged to be to such, and those person and persons, and to such and those use and uses, and in such and the same manner and form, as by such Writing subscribed and sealed as is aforesaid, shall be declared only, and to any other or others, person and persons, use or uses, or in any other manner or form, any thing in these presents contained to the contrary, notwithstanding alwayes saving and preserving the said use and estate before limited and declared to the said A. for the terme of her natural life as is aforesaid, &c.
An assignment of a Bond by way of collateral security.
KNow all men by these presents, that whereas T. M. of the Parish of Cl [...]ndon in the C. of Wilt. Gent. and W. M. of the Parish of Cheredon in the said C. of Wilts Gent. by their obligation dated the, &c. stand joyntly and severally bounden unto me H. T. Citizen and Salter of London, in the penal sum of one hundred pounds of good and lawful money of England, with condition thereupon endorsed for payment of fifty and two pounds of like good and lawful money on the, &c. next ensuing the date of the said obligation, as by the same it doth and may appear. Now I the said H. T. for the better security of the like debt, for which I have given bond, and for other good causes and considerations me hereunto moving, do by these presents make, constitute, ordain, and in my stead and place put and authorize D. M. of the Inner Temple London Gent. my true and lawful Deputy and Atturney irrevocable for me and in my name, but to the sole use and behoof of my said Attorney, his Executors, Administrators and Assignes, to ask, demand, receive and take of them, the said T. M. and W. M. or either of them, their or either of their Executors, Administrators or Assignes the said summe of fifty and two pounds; and for non-payment thereof, giving, and by these presents granting unto the said D. M. by the tennor hereof, my full, whole and absolute power and authority in the execution of the premisses, the said T. M. and W. M. or either of them, their or either of their heires executors or administrators, in my name or the name of my executors or administrators to arrest, sue, implead, imprison, and condemne, and proscure in any [Page 194] Court or Courts whatsoever, and them or any, or either of them out of prison to release as precisely as the Law will it permit for recovery of the said debt and penalty. And upon recovery and receipt thereof to deliver up the said obligation to be cancelled, and finally to do all and every other lawful act whatsoever for recovery of the said debt and penalty or any part thereof, without yielding any accompt thereof, or therefore, as to my said atturney shall seem meet and expedient, as fully and effectually as I my selfe might or could do, or cause to be done in or about the premisses. And moreover I the said H. T. do by these presents covenant and promise to and with the said D. M. his executors and administrators, that at the day of the date of these presents I have not done, or caused, or suffered to be done any act or thing whatsoever, whereby the said recited obligation is any manner of wayes released or discharged, and that neither my selfe, my executors or administrators shall or will at any time hereafter release or discharge the same, or cause, or suffer the same to be released or discharged without the privity and consent of him the said D. M. his executors or administrators, in that behalf first had and obtained; provided neverthelesse that if T. W. of, &c. in the C. of, &c. Yeoman, his executors, administrators or assignes, shall and do well and truly satisfie, pay and discharge one obligation of one hundred pounds, bearing date the, &c. of, &c. last past, wherein and whereby the said T. W. standeth bounden unto A. W. of, &c. aforesaid Spinster, with condition for payment of fifty one pounds and ten shillings of lawful money of England on the first day of, &c. next ensuing; that then these presents to be revokable, and shall be utterly void and of none [Page 195] effect, any thing herein contained to the contrary in any wise notwithstanding. In witnesse whereof I the above named H. T. have hereunto set my hand and seal the, &c. in the, &c.
A grant of the moity of an annuity during life.
THis Indenture made the, &c. in the year of our Lord God 1652. between A. B. of the Parish of, &c. in the County of K. Esq the eldest son of K. B. widdow, the late wife of Sir R. B. Knight deceased, and S. the wife of the said A. of the one part, and Sir G. H. of C. in the said C. Knight of the other part, Witnesseth that the said A. B. and S. his wife, for and in consideration of the sum of 300 l of lawful English money to them in hand paid by the said Sir G. H. at and before the ensealing and delivery of these presents, the receipt whereof and themselves therewith fully satisfied and payed, they the said A. B. and S. his wife do hereby acknowledge and thereof do release, acquit and for ever discharge the said Sir G. H. his heires, executors and administrators, by these presents have granted, bargained, sold, aliened, released and confirmed, and by these presents do fully and absolutely grant, bargain, sell, alien, release and confirme unto the said Sir G. H. one annuity or annual rent of 50 l by the year, being the moity or half part of one entire annuity or annual rent of 100 l by the year, arising due or payable to the said A. B. out of the Rectory or Parsonage impropriat of E. in the said C. of K. with the appurtenances, or out of any part or parcel thereof, or out of all or any of the messuages, houses, barnes, stables, buildings, yards, courts and globe lands, tithes, oblations, [Page 196] obventions, emoluments, rents, corne rents reserved, or other rents, fruits, commodities, profits or advantages whatsoever to the said Parsonage and Rectory belonging; to have and to hold the said annuity or annual rent of 50 l herein before mentioned to be bargained and sold unto the said Sir G. H. and his assignes from the, &c. of, &c. last past before the date of these presents, for and during the natural life of the said Sir G. H. or for the tenth of fourscore years, if he the said Sir G. H. shall happen so long to live, in as large, ample and beneficial manner to all intents and purposes, as he the said A. B. and S. his wife or either of them, now hath, ever had, or could, or might, or can, or may in any wise grant, bargain, sell or release the same; and to the only use and behoof of the said Sir G. H. and his assignes, and to no other use or purpose. And the said A. B. and S. his wife, the said annual rent of 50 l herein before mentioned, to be bargained and sold by the year, against themselves and all other persons lawfully claiming, or to claim the same or any part thereof, by, from, or under them or either of them unto the said Sir G. H. and his assignes shall and will warrant and defend by these presents. And the said A. B. and S. his wife, do for their said lives, and either of them, their, and either of their heires, executors and administrators, and every of them, covenant, promise and grant, to and with the said Sir G. H. his heires, executors and assignes, and every of them by these presents in manner following, that is to say, that they the said A. and S. or one of them, for and notwithstanding any act or thing by them, or either of them heretofore done or suffered to the contrary, have or hath in themselves, or one of them, at the time of the ensealing of these presents, good, right [Page 197] and lawful authority to grant, bargain, sell and release unto the said Sir G. H. and his assignes, the said annual rent of 50 l by the year, in such manner and forme as is herein before mentioned and expressed; and further that the said Sir G. H. and his assigns shall or lawfully may during the natural life of the said Sir G. H. or the term of, &c. if the said Sir G. H. shall so long live, peaceably and quietly have, hold, enjoy and receive, retaine and keep the said annual rent, or summe of 50 l by the year before granted, without the lawful let, sute, trouble, denial or disturbance, of or by the said A. B. and S. his wife or either of them, or any other person or persons lawfully claiming by, from or under them or either of them, their or either of their estate, right or title. And further that the said bargained premisses were, are, and be, and so shall remain and continue to the said Sir G. H. and his assigns, during the natural life of the said S. G. H. or the term of fourscore years, if the said Sir G. shall so long live, free and clear, and freely and clearly acquitted and discharged, or else by the said A. B. and S. his wife, or one of them, their or one of their heirs, executors or administrators, sufficiently saved harmlesse and indempnified of and from all former and other gifts, grants, bargains, sales, estates, leases, joyntures, dowers, statutes, judgements, recognizances, titles, troubles and incumbrances whatsoever at any time heretofore had, made, committed or suffered, or hereafter to be had, made, committed or suffered by them the said A. B. and S. his wife or either of them; and the said A. B. and S. his wife, do for themselves, their heirs, executors and administrators & every of them covenant and promise to & with the said, Sir G. H. his executors, administrators and assigns and every of [Page 198] them by these presents, That they the said A. B. and S. his wife, and all and every other person and persons now having or lawfully claiming, or which shall or may hereafter have or claim any lawful estate, right or title in or unto the said bargained premises or any part thereof, by from, or under them, the said A. & S. or either of them shall and will at all times during the space of five years next after the date of these presents, if the said Sir G.H. shall so long live at & upon the reasonable request, and at the proper costs & charges in the Law of the said Sir G. H. and his assignes, make, acknowledge and execute to the said Sir G. H. and his assignes all and every such further and other lawful and reasonable act and acts, devise, conveyance and assurance in the Law whatsoever, for the better holding and enjoying of the said 50 l per annum herein before granted, according to the true meaning of these presents, as by the said Sir G. H. and his assigns or any of them, his or their councel learned in the Laws of this Nation shall be in that behalf advised or devise [...] and required, so that such person and persons who are to make such further assurance as aforesaid, be not therein compelled to travel further than to the Cities of London and Westminster. Which said other assurance so to be had and made as aforesaid shall be and inure, and shall be adjudged and taken to be and inure, and by the said parties is hereby so declared to the only use and behoof of the said Sir G. H. and of his assigns, and to none other use or purpose whatsoever, in witnesse whereof, &c.
Articles of agreement for the holding copyhold lands from year to year for the term of, &c. at a certain rent, &c.
Articles of covenants and agreements, had, made and agreed upon the, &c. day of, &c. in the, &c. between R. C. of, &c. in the C. of, &c. husbandman, E. his wife, P. C. their sonne, and I. B, of, &c. in the said C. husbandman of the one part, and T. F. of, &c. in the said C. Yeoman of the other part,
viz.
WHereas the said R. C. by certain articles of agreement indented bearing date the, &c. in the, &c. year of, &c. made between the said R. C. and P. C. of the one part, and the said I. B. of the other part, did for the considerations therein mentioned, covenant, promise & grant to and with the said I. B. his executors and assigns, that he the said I. B. his executors and assigns, and every of them should have and enjoy from the date of the said articles from year to year every year for and during the term of twenty five years then next and immediately following, according to the custome of the mannor of, &c. all and singular the lands, meadows, pastures, feedings, commons and appurtenances belonging to a customary or copyhold tenement, with the backside, barnes, stables, and stals thereunto belonging, and the West-end of the dwelling-house, and the room over-head, then in the possession of one S. S. except and alwayes reserved unto the said R. C. and P C. and every of them, their assignee and assignes, all the other part of the dwelling house, then in the possession of the [Page 200] said R. C. and P. C. with the garden and one Cows pasture, and five acres of arable land, whereof one acre and half lyeth at a place called the Quarre, one acre by the piece in the East-field, half an acre in Rudlands in the same field, one acre in the West-Rowden, and one acre called Cecelies, with free ingresse, egresse and regresse thereunto at all times and seasons convenient, without the lawful let, disturbance or interruption of him the said I. B. his assigne or assignes, if they the said R. C. and P. C. or either of them should happen so long to live; and likewise should have and enjoy during the said term limited as aforesaid, the use of the Eastern part of the backside as it was then divided and appointed; all which recited premisses belongeth unto one customary or copyhold tenement with the appurtenances in, &c. aforesaid, parcel of the mannor of, &c. above said, which the said R. C. then had and enjoyed during his natural life, according to the custome of the said mannor, the remainder whereof after the decease of the said R. being expectant unto the said P. his son by way of succession according to the said custome, as in and by the said articles of agreement amongst other covenants and agreements therein also contained at large it doth and may appear; it is now concluded and agreed by and between the said parties to these presents, touching and concerning the premisses in manner and forme following; that is to say, first the said I. B. for himself, his heires, executors and administrators, and every of them, doth covenant, promise and grant to and with the said T. P. his executors and assignes by these presents, that he the said T P. his executors and assignes and every of them, for and in consideration of the summe of 20 l of lawful money of England (to be paid to the said I. B. by [Page 201] the said T. P. in manner & form hereafter expressed) shal and lawfully may for & notwithstanding any act or deed that the said I. B. hath done to the contrary, have and enjoy from and after the day of the date hereof from year to year every year, for & during the term of ten years then next and immediately following, according to the custome of the said Ma [...] of, &c. all and singular the recited premisses mentioned in the said recited articles of agreement (except as is therein excepted) if they the said R. C. and P. C. or either of them so long shall happen to live, without the lawful let, disturbance or interruption of him the said I. B. his assigne or assignes.
And the said T. P. for himselfe, his executors, administrators and assignes doth covenant, promise and grant to and with the said I. B. his executors, administrators and assignes by these presents; that he the said T. P. his executors, administrators and assignes shall and will well and truly pay or cause to be paid unto the said I. B. his executors, administrators and assignes for the rent of the said premisses for the said ten years, the sum of 20 l of lawful money of England, that is to say 10 l thereof at the Feast day of the birth of our Lord Christ now next ensuing the date hereof, and the other 10 l residue of the said summe of 20 l on the Feast day of the Nativity of St. John the Baptist now next also ensuing the date hereof; and that he the said T. P. his executors or assignes nor any of them shall fell, cut down, top, lop, or shrowd any the trees or quick-sets growing upon the recited premisses.
Item the said R. C. and P. C. for themselves, and either of them for himself, their executors and administrators and every of them do covenant, promise [Page 202] and grant to and with the said T. P. his executors and assigns by these presents, that he the said T. P. his executors and assigns and every of them (for and in consideration that they the said R. C. and P. C. are indebted unto the said T. P. by obligation in the sum of 10 l with condition thereunto for payment of 20 l which obligation is become forfeited, and which is now delivered up to the said R. C. and P. C. at the ensealing and delivery hereof to be cancelled) shall and may likewise have and enjoy, from and after the date hereof from year to year every year, for and during the said term of ten years then next and immediately following according to the custome of the said mannor of, &c. the milke-house parcel of the said customary or coppyhold tenement, the chamber over the kiching, and also the Barne, stable, and all other the outhouses whatsoever, to the said customary or coppyhold tenement belonging, together with the use of the kitching & back-side in common with the said R. C. and P. C. and further, that the said T. P. his executors and assignes for the consideration aforesaid, shall and may likewise have and enjoy during the said term, the said recited five acres of arable land so excepted and reserved unto the said R. C. and P. C. their Assigne and Assignes amongst other things out of the said recited Articles of agreement as aforesaid (so as the said R. C. and P. C. and their Assignes shall and may have two acres thereof yearly, the one to be sowen to Wheat, and the other to Barly; the said R. C. and P. C. finding the seed yearly, but to be dunged with the fold, eared and sowen by the said T. P. his Executors and Assignes, in as good sort, manner and forme as the said T. P. doth druge, eare and sow his own land) and together also with free ingresse, [Page 203] egresse and regresse thereunto at all times and seasons convenient without the lawful let, disturbance or interruption of the said R. C. and E. his wife, and P. C. or any or either of them, if they the said R. C. and P. C. or either of them shall happen so long to live; and further also that it shall and may be lawful to and for the said T. P. his Executors and Assignes to have and enjoy all other the premisses herein mentioned according to the covenant herein made by the said I. B. without any let, contradiction or denyal of them the said R. C. and E. his wife, P. C. or any or either of them.
Item ,it is further concluded and agreed, that if the said R. C. shall happen to decease before the end of the said ten years, and that the said E. his wife shall be then living, whereby the said premisses shall come unto her during her widowhood, according to the custome of the said Mannor of, &c. that then she the said E. shall and will permit and suffer the said T. P. to hold and enjoy all the said premisses, during the remainder of the said ten years that shall be then to come next after the decease of the said R. if she shall so long live and continue a widdow.
Item ,it is also concluded and agreed, that the said R. C. and P. C. or one of them or their Assignes, shall and will satisfie and pay or cause to be paid all rents, duties and other payments whatsoever hereafter to be due, payable or issuing out of the premisses, and thereof discharge and acquit the said T. P. his Executors and Assignes during the said term; and shall and will also during the said term, repair and amend as well all the houses [Page 205] and buildings in and upon the premisses, as also every the hedges and fences of the premisses, during the said term.
And the said T. P. for himselfe, his Executors, Administrators and assignes, and every of them, doth covenant, promise and grant to and with the said R. C. and P. C. and either of them their Executors, Administrators and Assignes by these presents, that it shall and may be lawful notwithstanding these presents, to and for the said R. C. and P. C. and their Assignes, to have and enjoy the corne and graine now growing and being in and upon the premisses for this summer season at times convenient, with free ingresse, egresse and regresse, to cut, mow, carry away, and house the same in the barne of the customary Tenement, and to use the said barne for the thrashing out of the said corne and graine untill the Feast of, &c. next coming.
Item ,it is also agreed by and between the said parties to these presents, that it shall be lawful to and for the said T. P. his Executors and Assignes in the end of the said term or determination of these presents, to have and enjoy the corne and grain that shall be then growing and being in and upon the premisses or any part thereof, with free ingresse, egresse and regresse, to cut, mow, carry away and to house the same in the barne of the said customary Tenement, and to use the said barn for the thrashing out of the said corne and graine untill the Feast of, &c. then after ensuing.
Item ,it is also agreed, that the said T. P. his executors or assignes shall and will in the end of the said term lay in haine the meadows and grounds of [Page 204] the premises the first day of May, and so leave the same unto the said J. B. without suffering the same to be eaten with cattle or spoiled; and shall and will spend all the straw and fodder in and upon the premisses, that shall be yearly made in and upon the premisses, and not elsewhere, and shall and will also allow unto the said R. C. and P. C. an hundred and half of reed yearly to be laid upon the houses of the said premises; And for performance of all and singular the Covenants and agreements aforesaid, on the part and behalf of the said R. C. and P. C. or either of them to be performed, they the said R. C. and P. C. do bind themselves their heirs, executors, and administrators, unto the said T. P. his executors, and administrators, in the sum of 80 l of lawful money of England, firmely by these presents. In witness, &c.
An obligation and Condition from a Bayliff and his Sureties to a High Sheriff.
Know all men by these presents, That we A. B. C. D. E. F. of, &c.
[...] in the County of, &c. G. H. of in the County of, &c. and I. K. of in the Countie aforesaid
[...] do hold our selves to be firmly bound unto L. M. high Sheriff of the County of, &c. aforesaid in, &c. pounds of good and lawful money of England, To be paid to the said high Sheriff, or to his certain Atturney, Executors, Administrators or Assigns; To which payment well & truly to be made, we binde our selves, and every one of us by our selves for the whole & in the whole, our Heirs, Executors, and Administrators, firmely by these presents; sealed
[Page 206] with our seals. Dated the, &c. in the year of our Lord, &c.
THe condition of this Obligation is such, That whereas the above named, &c. Esq high Sheriff of the County of, &c. aforesaid, hath made, assigned, constituted, ordained and established the above bounden, &c. Bayliff of the, &c. for and during all such time as the said, &c. shall be and continue high Sheriff of the said County: If therefore the said, &c. during all the time aforesaid, do well and truly execute al warrants, precepts, process, and commandments to him hereafter to be directed from the said, &c, and, &c, Gent. his under-Sheriff, his or their deputy or deputies, and due and sufficient returns do well and truely make, and also do give notice of the execution thereof unto the said high Sheriff, or under-Sheriff in convenient time, before the returns of the same and the fees of them, and of and for every other cause, matter, or thing whatsoever happening within the said, &c. due and payable within one moneth next after the receipt thereof, do pay or cause to be paid to the said high Sheriff or under-Sheriff, his or their deputy or deputies; And that the said, &c. do not ask or levy any fee or fees due to the said high Sheriff or under Sheriff, for the executing or doing of any warrant or precept whatsoever, but such as are warranted and justifiable by the Laws, Statutes, and customs of this Nation; And do also well and truely execute, and return all warrants, precepts, Distring of Levari facias, and process to him directed from the Justices of Assize and Gaol Delivery, Justices of Oyer and Terminer, Justices of the Peace, Coroners, Commissioners of the Sewers, [Page 207] Clerk of the County, and from all other Officers, Commissioners, and Ministers of the Commonwealth, having authority during all the time aforesaid, and further do levy and gather all such sums of money, as the said high Sheriff shall be charged with by reason of the said Office, and leaviable within the said, &c. being written or extracted to the said Bayliff from the said high Sheriff or under Sheriff, and do pay or cause to be paid to the said high Sheriff or under-Sheriff the said sums of money within one moneth after the receipt of the said extract or writing; And also if the said Bayliff do well and truely pay, or cause to be paid to the said high Sheriff or under-Sheriff the sum of, &c. of lawful money of England, for the Fee farm of his, &c. and all other rents and fee farms at the feast of the Annunciation of the blessed Virgin Mary, and Saint Michael the Archangel, by even and equal portions, due to the State within the said, &c. And also if the said Bayliff do deliver or cause to be delivered in writing unto the said high Sheriff or under-Sheriff before, &c. next coming, the names of all such free-holders within the said, &c. which have four pounds per annum free-hold or more, together with the names of the Towns wherein they dwell, and also the names of the Towns, Villages, and Hamlets, within the said, &c. And the Towns and Villages which ought to have return and execution of writs; And also if the said Bayliff shall give his personal attendance upon the high Sheriff and under-Sheriff, as well at the County Court, and such general Quarter Sessions which the Bayliff of the said, &c. have usually in former times attended; as also at all other times when the said high Sheriff or under-Sherieff shall require his attendance, and shall carefully and diligently [Page 208] do and execute whatsoever he shall be lawfully required to do at Assizes, Gaol Deliveries, County Court, quarter Sessions, Coroners Enquests, and all other service to be done for the Commonwealth, and all and every person and persons whatsoever, and at all and every time and times, upon every reasonable request to him in that behalf to be made▪ And also shall be attendant upon the said high Sheriff and under-Sheriff, his or their Deputy or Deputies, and Officers in and about conveying of prisoners to and from the Gaol, &c. or to and from any place or prison whatsoever, to be appointed by the said high Sheriff or under-Sheriff; And also at the Execution of prisoners aforesaid, and not to depart before Execution of the prisoners be fully had and done, and shall well and truly execute the Office of a Bayliff in all things during the said time: And if the said Bayliff do take any distress upon every alias or plures Distringas, which issue and be directed to him out of the County Court, to be holden for the said high Sheriff, and do make due and lawful returns of the same, and do safely keep such distress so taken, for the use of the said high Sheriff, in case the same be forfeited; And also if the said, &c. his Executors and Administrators, do at all and every time and times hereafter, defend, save, keep harmless and undempnified, the said high Sheriff, and his under-Sheriff, his and their Heirs, Executors, & Administrators & every of them, and his and their lands, goods & chattels, as well from & against the State, and all and every person and persons whatsoever, concerning the premises, or any part of them; and also for and concerning the escape or escapes of any prisoner or prisoners, that shall be in the custody of him the said, &c. within the said County, by him [Page 209] arrested, to him hereafter to be committed upon any warrant, precept, or commandment from the the said high Sheriff or under-Sheriff; And for and concerning every other matter, cause, or thing whatsoever appertaining to his said Office, and the secrets of the said high Sheriff shall keep undisclosed and unrevealed, in all things that are lawful; and shall also within convenient time deliver, or cause to be delivered, all precepts, warrants, and extracts to other Bayliffs of the said County, according to the directions he shall receive from the said high Sheriff, or under-Sheriff, or any other by his or their commandment, or appointment, Then this present Obligation shall be void and of none effect, or else shall stand, remaine, and be in full force, power, effect, and virtue.
A Condition to save harmless for payment of several Legacies.
THe condition of this obligation is such, That whereas M. D. late of Saint J. in the County of M. widdow deceased, by her last Will and Testament in writing, bearing date the, &c. of, &c. in the year of our Lord God, &c. did amongst other legacies and bequeasts, give and bequeath unto J. S. the son of the within bounden W. S. &c. of lawful money of England, and to T. S. daughter of the said W. S. one pewter platter, one pewter dish, three pewter saucers, and five shillings of lawful money of England, and also to S. S. another of the said daughters of the said W. S. five shillings of like money, as by the same Will more at large appeareth; which said sums of five shillings a piece, pewter platter, [Page 210] pewter dish, and three saucers, the within named J. S. Executor of the last Will and Testament of the said M. D. hath at the request of the said W. S. at and before the sealing and delivery hereof, paid, delivered, and disbursed unto the said W. S. for the use and behoof of the said J.S. his son T. and S. his daughters: If therefore the said W. S. his Executors and Administrators and every of them, do from time to time, and at all times hereafter freely and clearly acquite, exonerate, and discharge, or otherwise well & sufficiently save, defend, & keep harmeless the said J. S. his Executors and Administrators, and every of them, and all and every of his and their Lands, Tenements, goods & chattels, as well of, from, and against the said J. S. T. and S. their Executors, Administrators and Assigns: as also of, from, and against all other persons whatsoever, of, for, and concerning the payment, delivery, and disbursement of the said sums of five shillings a piece, pewter platter, pewter dish, and three saucers, unto the said W.S. their father as aforesaid; And of, and from all such actions, suits, costs, charges, damages, expences and demands whatsoever, which he the said J. S. his Executots, Administrators or Assigns, shall hereafter happen to incur, sustain, or be put unto, for, or by reason of the payment, delivery, and disbursement of the said sums of five shillings a piece, pewter platter, pewter dish, and three saucers, for the use of the said J. S. T. and S. unto the said W. S. their father, as aforesaid; That then this obligation shall be void; or else it shall stand in full force and vertue.
A Counter Condition to save harmless from a bond; well pend.
THe Condition of this obligation is such, That whereas the within named R. C. at the special instance & request, & for the only debt of the within bound J. S. by one obligation of the date hereof, is, and standeth joyntly and severally bounden with the said J. S. unto J. T. of London Merchant, in the sum or penalty of, &c. of lawful money of England, with conditions thereupon indorsed for the payment of, &c. of like lawful money of England, on the last day of Feburary now next ensuing the day of the date within written, as by the same obligation and condition may appear: If therefore the said J. S. his Executors, Administrators or Assigns, or any of them, do and shall well & truely pay, or cause to be paid to the said J. T. his Executors, Administrators or Assigns, or some of them, on the said last day of Feburary above mentioned, at the now dwelling house of H. C. of London Gent. situate in, &c. in London, the aforesaid sum of, &c. and do thereby clearly exonerate, acquit, and discharge the said R. C. his executors and administrators, as well of, and from the same obligation, as also of and from all actions, suites, costs, charges, judgements, executions and demands whatsoever concerning the same, That then this present obligation to be void and of none effect, or else to remain and abide in full force and vertue.
A Letter of Atturney to take possession according to the contents of a Lease.
TO all people to whom this present writing shall come, H. T. Citizen and Girdler of London, sendeth greeting in our Lord God everlasting: Whereas I the said H. T. have signed and sealed one writing indented, bearing even date with these presents, purporting a lease to be made by me unto one, &c. of all that messuage, with the appurtenances neer the Hospital, in, &c. in the County of &c. late in the tenure or occupation of R. F. deceased, and other Lands and Hereditaments in the said Indenture mentioned, To hold from the first day of this instant February, unto the full end and term of five yeers from thence next ensuing, as by the said writing indented more plainly appeareth, which writing is not yet delivered as my deed. Now know ye, That I the said H.T. have made, constituted, appointed, and in my place and stead put and by these presents do make, constitute, appoint, and in my place and stead put, &c. my true and lawful Atturney, for me and in my name, place, and stead to enter into and upon the said Messuage, Lands, and Hereditaments in and by the said writing indented, mentioned to be demised, or any part thereof; And after such entry made for me, and in my name, place and stead there upon the premisses to deliver unto the said, &c. or to his lawful Atturney in that behalf, the said writing indented so by me signed and sealed as aforesaid, as the very act and deed of me the said H. T. And further to do whatsoever may be necessary in that behalf; and [Page 213] whatsoever my said Atturney shall do or cause to be done in the premises, I the said H. T. do and shall ratifie, confirm, and maintain, as if I had done the same in my own person. In witness whereof I the said H. T. have hereunto set my hand and seal, the, &c. day of February in the year of our Lord, &c.
A short Lease of a Messuage and Lands to be void, on paying of one shilling, it being the presedent deed.
THis Indenture made the, &c. day of February, in the year of our Lord God, &c. Between H. T. Citizen and Girdler of London, of the one part, and R. I. of S. in the County of W. Yeoman, &c. of the other part, Witnesseth, that the said H. T. for divers good causes and considerations him moving, hath demised, granted, and to Farm letten, and by these presents doth demise, grant, and to Farm let unto the said, &c. all that Messuage, with the appurtenances neer the, &c. in, &c. in the County of G. late in the tenure or occupation of R. F. deceased, and all the Barns, Out-houses, Orchard and Garden thereunto belonging; And all that Close of Meadow or Pasture-ground thereunto adjoyning, containing by estimation five acres, be it more or less; and one little ground, called or known by the name of Redcraf, adjoyning to certain grounds there called Flankers closes; And one other close of arable land, called the wood Furlong, adjoyning to the lane there leading towards S. on the West; And all those arable lands to the said messuage, belonging or reputed, or taken to belong thereunto, or which were therewith used, [Page 214] occupied, or enjoyed by the said R. F. deceased, lying and being in the fields of, &c. aforesaid, That is to say, five and fourty acres by estimation, be the same more or less, lying in the Northfield; and two and twenty acres by estimation, be the same more or less, lying in the South of, &c. aforesaid, To have and to hold the said Messuage or Tenement, Lands and premisses, with the appurtenances unto the said, &c. his Executors, Administrators and Assigns, from the first day of this instant February, unto the full end and term of five years from thence next ensuing, and fully to be compleat and ended, yeilding and paying therefore yearly, during the said term, one Pepper corn, at the feast of Saint Michael the Archangel, if it shall be demanded. Provided always, That if the said H. T. his Executors, Administrators or Assigns, shall at any time hereafter pay, or tender unto the said, &c. his executors or administrators, or to any other person or persons, to his or their or any of their use or uses, the sum of twelve pence in money, for the making void of this present Indenture, and the demise and lease herein contained, That then and from thenceforth this present Indenture, and the demise and lease herein contained, shall cease and be void, any thing herein contained to the contrary notwithstanding; In witness whereof the said parties to these presents, their hands and seals interchangeably have set the day and year first above written.
An Award made between foure executors.
TO all Christian people, to whom this present writing quadripartite indented of Award shall [Page 215] come, S. W. Ceazer Knight, Master of the [...]olis, sendeth greeting in our Lord God everlasting, This Indenture quadripartite also made the second day of A. in the fifth year of, &c. between Sir W. S. &c. one of the Executors of the last Will and Testament of R. C. &c. of the first party S T. Offley, &c. one other of the, &c. of the last Will and Testament aforesaid of the second part, Sir T. L. &c. one other of the executors of the said last Will and Testament of the third part, and Sir H. C. &c. one other Executor of the same last Will and Testament of the said R. of the fourth part witnesseth; That whereas the said R. by his said Testament and last Will bearing date, &c. amongst divers and many gifts and legacies therein limited bequeathed and appointed to sundry persons therein named, as by the same it may appear, hath given & bequeathed all the residue of all & singular his goods, cattels, leases and other things whatsoever (his debts, funerals and legacies being paid and performed) unto the said W. S. T. O. and T. L. whom together with the said H. C. his brother he made and ordained his said Executors of his last Will and Testament aforesaid; and of the same he hath also made and ordained the said W. C. his Supervisor & Overseer, as by the same his last Will also at large it doth and may appear; and whereas for the avoiding of all doubts, variances, controversies, sutes and strifes, that may and might ensue and grow between the foresaid parties, touching the said last Will and Testament, and the true execution of the same: And for and concerning the said residue, surplusage and remainder of the said goods, cattels and other things (after the said debts, funerals and legaces discharged) every of the said parties have compromitted and faithfully promised, and further [Page 216] do severally covenant and grant, to and with others by these presents, to stand to, obey, abide, performe and fulfill the award and judgement of the said W. C. Knight, arbitrator between them, indifferently named and chosen of and upon the premisses. Whereupon the same W. C. taking upon him the charge and businesse of the said award, and willing, and minding, as much as in him is, the true execution of the said Testament, and that a final peace, unity and concord shall be had and continued for ever between the same parties, for and concerning the premisses, hath and doth by these presents, by and with the full assent and consent of all and every the foresaid parties, make, publish and declare this his present award, arbitrement and judgement between the same parties, touching the premisses in manner and forme as followeth, that is to say: First, the said Sir W. C. by these presents doth award, judge, and deme, and every of the parties before named, covenanteth and granteth severally for himselfe, his Heires, Executors and Administrators, to and with the other of them, his and their Executors and Administrators, and every of them by these presents in manner and form following; that is to say, That the same Executors, That any of the Executors shall not concel any of the Testators goods from the other Executors. or any of them, shall not at any time or times hereafter, willingly or wittingly conceale, withdraw, or keep close, or cause to be concealed, withdrawn, or kept close from the said other Executors or any of them, or the survivors or survivor of them, any such goods, cattels, leases, debts, credits or other things whatsoever, as hath come, or shall happen to come to his, or their, or any of their hands, [Page 217] custody, possession or knowledge, that were, or did, or ought to appertaine or belong to the said R. C. the Testator, or his Executors, to the intent the same or any part thereof should not be recovered, used, ordered, enjoyed or disposed by the same executors, to their and every of their own proper use, most benefit, commodity and advantage, by equal portions in manner and forme aforesaid.
And it is further ordered and judged by the said Sir W. C. and also fully condescended and agreed between the said parties; To execute the Testators will and trust reposed in them. and every of them severally doth covenant and grant for him, his Heires, Executors and Administrators to and with the others by these presents; That all the same Executors and every of them shall from henceforth both in name and deed, take upon him the full and due execution of the foresaid last Will and Testament, so far as only to the duty, trust and office of executors appertaineth or ought to appertaine. And furthermore it is ordered, judged and awarded by the said arbitrator, and also covenanted, That the Executors shall beare all costs and charges of sutes in executing the Testators will equally. granted and fully agreed between the said parties, and the same parties and every of them do severally covenant and grant, to and with other of them by these presents; That if at any time or times hereafter it shall be found and approved, that the foresaid Testator is and ought to be charged either by law or conscience, with any other debt or debts, sum or summes of money, or other [Page 218] duties or things whatsoever, then at this present is well known and doth appear unto the said Executors, or if they or any of them, or the Executors of the survivor of them, shall at any time or times hereafter happen, to be charged with any manner of sute or sutes, or other charge or charges whatsoever, for or by reason of the said last Will and Testament, or the due execution thereof either in law or otherwise; That then all and every the said Executors, and the survivor and survivors of them, and the Executors or Administrators of such of them which then shall be dead, shall at their equal and indifferent costs, beare, support, pay and allow the same charges, and every of them, any thing herein contained to the contrary in any wise notwithstanding.
Another forme of an Award.
TO all Christian people, &c. I. S. Serjeant at Law, send greeting, &c. Whereas divers variances, sutes, controversies, debates and demands have been heretofore had, moved, stirred and depending between A. B. &c. and C. D. &c. of, for and concerning, reciting the matter in controversie. For the appeasing and pacifying of all which sutes, debates, variances, controversies and demands, either of the said parties by their mutual assent and consent have submitted themselves, and stand bounden each to other by their several obligations bearing date, &c. in the sum of, &c. a piece with several conditions endorsed upon either of the same several obligations, to stand to, obey, observe, performe, fulfill and keep the award, arbitrement, [Page 219] ordinance and judgement of me the said I. S. arbitrator indifferently elected, named and chosen between the said parties, as well, of, for, and upon all and all manner of actions, as well real as personal, sutes, quarrels, debts, debates, trespasses and demands whatsoever, had, moved, stirred or depending in controversie, between the said parties in any wise before the date of the said obligations: So that the same award, arbitrement, ordinance and judgement of the said arbitrator, of and upon the premisses were made, declared and yielded up in writing on this side the tenth day of, &c. as by the same several obligations and endorsements thereupon made, more at large appeareth: whereupon I the said I. S. Arbitrator aforesaid, taking upon me the charge of the said award, and willing to set the said parties at a final end, peace, unity and concord, of, for, and concerning the premisses: have called both the said parties before me, and by good advice and deliberation, have seen, heard, examined and perfectly understood, and perceived their both rights, titles, estates, interests, demands, evidences and proofs in and to the premisses, and weighing, and pondering the effects and grounds of all the said matters in controversie; do now make, publish, give up and declare this my present award indented between the said parties, by and with their both mutual consents and agreement, of, for, and concerning the premisses in manner and forme following, that is to say: First, I the said Arbitrator do by these presents, award, order, judge and deme, and the said A. B. for his part doth covenant and grant for him, his Executors and Administrators, to and with the said C. D. his Executors and Administrators by these presents, that, &c. as in other awards, reciting the matter in varience.
A lease of a Ferry.
THis Indenture made, &c. between, &c. witnesseth, that the said I. L. for and in consideration of, &c. hath demised, granted and to farm letten, and by these presents doth, &c. unto the said I. H. his Executors and Assignes, the moity of the passage Ferry, standage and battalage of P. in the C. of, &c. together with all easments and commodities thereunto belonging, in as large and ample manner and form as T. H. or his Assignes hath heretofore had or enjoyed the same, or might, or ought to have had and enjoyed the same, to have and to hold the said moity of the said passage and Ferry, and all other the premisses by these presents mentioned to be demised, and every parcel thereof with the appurtenances unto him the said I. H. his Executors, Administrators and Assignes from the Feast of, &c. unto the end and term of, &c. yielding and paying, &c. with a clause to make the Lease void for non-payment of the rent. And the said I. H. doth covenant, &c. that he the said I. H. his Executors, Administrators or Assignes at his and their own proper costs and charges, shall from time to time during the said term, maintain and keep such boate or boates, and all other things meet and convenient for the moity of the foresaid passage and other the premisses, as hath been heretofore commonly accustomed, and thereof shall from time to time during the said term, acquit, discharge or sufficiently save harmlesse the said I. L. his Heires, Executors, Administrators and Assignes.
And that he the said I. H. his Executors or [Page 221] assignes, shall from time to time during the said term, carry over or cause to be carried over the ferry place aforesaid from P. to F. the said I. L. and his wife and their heirs, servants, children, horses and stuffe, when and so often as the said I. L. his wife and their heires, children, or any other of his family shall require to have themselves, their servants, horses, or stuffe to be carried over the said ferry from P. to F. aforesaid, without demanding, taking or asking any thing therefore of the said I.L. his heires, children or family.
And the said I. L. doth covenant, &c. that he the said I. L. his Heires, Executors, Discharged of quitrent. Administrators or Assignes, shall at all times hereafter, and from time to time during the said term, acquit and discharge, or sufficiently save and keep harmlesse, as well the said moity of the said passage or ferry, and all and singular the afore letten premisses and every part thereof, as also the said I. H. his Executors, Administrators and Assigns, of, for, and from all and all manner of quitrents whatsoever, which in respect of the said demised premisses during the said term, shall grow due and payable to his Highnesse the Lord Protector, his Heires, Successors or Assignes, or to any other person or persons whatsoever, excepting the said yearly rent of 3 l before by these presents assigned; and that he the said I. L. and his heires the said moity of the said passage and ferry, and all other the afore letten premisses with the appurtenances unto the said I. H. his Executors, Administrators and Assignes, for the rent above recited to be paid in manner and forme above said shall warrant and defend, during [Page 222] all the said term of twenty one years. In witnesse.
A release of land in Exchange.
THis Indenture made, &c. between T. C. of, &c. and W. L of, &c. and A. now wife of the said W. L. and late wife of R. B. late of, &c. of the other party, that whereas on or about the seventeenth day of, &c. now last past, there was certain agreements had and made between the parties to this present Indenture, for and concerning the exchange of divers parts and parcels of their Lands, Layes, meadows, pastures and hereditaments, with their appurtenances lying and being in S. and W. & in either or one of them in the said County of Y. as hereafter is expressed. That is to say, first, that whereas the said W. L. had & was seized in the right of the said A. his wife, for and during the term of the natural life of the same A. of divers arable lands, layes, meadows, pastures, haddes, flats and hereditaments lying and being dispersed in the town and fields of S. and W. aforesaid, or in one of them, commonly accompted to be and containe two hundred acres, be they more or lesse, now or late in the tenure or occupation of the said W. L. or of his assigns; it was agreed between the said parties by the agreements aforesaid, that the said T. C. his Executors, Administrators and Assignes should have and enjoy, for and during the term of sixty years, it the said W. L. and A. now wife of the said W. L. should so long live together all those and every the said Lands, Meadows, Pastures, Layes and Hereditaments before mentioned of them the said W. L. and A. his wife lying in S. fields and W. aforesaid, or in either or [Page 223] any of them in the said County of Y. (except as hereafter is excepted) and that in consideration thereof the said W. L. and A. his wife, and their Heires, Assignes, should have and enjoy, for and during the term of sixty years, if the said W. L. and A. his wife should so long live together, all the arable Lands, Layes, Meadows, Pastures and Hereditaments, with the appurtenances, containing by estimation two hundred acres, be they more or lesse, lying and being in the North-field of S. aforesaid, in the said County of Y. as the same was then measured, dowled and staked out by F. M. Gent. and I. B. then appointed by the said T. C. only Surveyors of the said Mannor. And also all those nine acres of meadow, &c. by estimation lying and being in S. aforesaid, &c. It is now therefore fully concluded and agreed, by and between all the said parties to this present Indenture, that the same premisses shall be demised, and letten in exchange in manner and forme hereafter following, that is to say.
The said W. L. and A. now his wife have demised, granted and to farm let in exchange, Exchange. and by these presents do demise, grant and to farm let in exchange unto the said T. C. all those, their and either of their arable lands, layes, meadows, pastures, hadds, flats and hereditaments with the appurtenances, set, lying and being within the three several fields of S. aforesaid, called, &c. or in any of them in the said County of Y. containing by estimation two hundred acres, be there more or lesse, now or late in the tenure or occupation of the said W. L. or of his assignes, which late were the inheritance of R. B. now deceased, and the inheritance [Page 224] whereof after his death descended and came unto I. B. as sonne and Heire of the said R. B. Except and out of this present demise and grant alwayes reserved unto the said W. L. and A. his wife, &c. as heretofore he or they have usually had and enjoyed, for and in respect of all the premisses, or as appurtenant to the same; To have and to hold the said arable lands, layes, meadows, pastures, hads, flats and hereditaments, and all other the premisses before mentioned, to be demised and granted by the said W. L. and A. now his wife as aforesaid, with their and every of their appurtenances (except before excepted) unto the said T. C. his executors, administrators and assigns from the Feast of M. next coming after the date hereof, for, during and untill the full end and term of sixty years, thence next, &c. if the said W. L. and A. now wife of the said W. L. do or shall so long live together, yielding and paying therefore yearly during the said term by these presents granted unto the said W. L. and A his wife and their assignes 1 d of good, &c. at the Feast of M. only if it be lawfully demanded. In consideration whereof the said T. C. hath demised, granted and to farm-letten in exchange, and by these presents doth demise, grant and to farm let in exchange unto the said W. L. and A. his wife, all and every the said arable lands, layes, meadows, pastures and hereditaments, with their appurtenances of him the said T. C. containing by estimation two hundred acres, be they more or lesse, lying and being in the N. field of S. aforesaid, as the same is now measured, dowled and staked out by the said F. M. and I. B. and also all those nine acres, &c. in a place there allotted and set out amongst other, for the cottages there as aforesaid, to have and to hold all the said arable lands, layes, [Page 225] meadows, pastures and hereditaments, and all and singular other the premisses before mentioned, to be demised and granted in exchange by the said T. C. aforesaid, with their and every of their appurtenances unto the said W. L. and A. his wife and their assignes, &c. for, during, and untill the full end and term of sixty years from thence, &c. if the said W. L. and the said A. now wife of the said W. L. do or shall so long live together, yielding and paying, &c. ut antea.
And the said W. L. doth by these presents covenant, &c. in manner and form following, that is to say, Discharged of former estates & incumbrances. That they the said W. L. and A. now his wife, their Executors, Administrators and Assigns or some of them shal and wil from time to time and at all times from henceforth, for, and during the said term of sixty years, if the said W. and A. now wife of the said W. L. do or shall so long live together, clearly acquit, exonerate and discharge, or otherwise save and keep harmlesse, and indemnified as well the said T. C. his heires, executors, administrators and assignes, and every of them, as also the said premises before mentioned, to be demised and leased in exchange by the said W. L. and A. his wife, to the said T. C. and every part and parcel thereof, of, and from all and all manner of former & other estates, charges, incumbrances, chief rents, troubles and demands whatsoever, had, made, committed or done by him the said W. L. and A. his wife, or either of them, or by any other person or persons lawfully claiming by, from, or under them or either of them; whereby or wherewith the same premisses or any part thereof, shal or may be charged or incumbred, or [Page 226] whereby the said T. C. his executors, administrators or assignes shall or may be charged, incumbred or damnified, of, or by reason of the same premisses or any part thereof, except before excepted.
And likewise that he the said T. C. his heires, executors, administrators and assignes shall and may at all times hereafter, For quiet enjoying. and from time to time during the said term of sixty years, if the said W. and A. now wife of the said W. L. do or shall so long live together, peaceably and quietly have, hold, occupy, and enjoy all and every the premisses to him the said T. C. demised and granted in exchange as aforesaid, and every part and parcel thereof with the appurtenances, except before excepted, without any manner of lawful let, trouble, interruption or disturbance of them the said W. L. and A. his wife or either of them, or of any other person or persons lawfully claiming, by, from, or under them or any of them.
And the said C. T. doth covenant for himselfe, ut W. L. antea mutat. mutand.
And whereas it was intended and meant, by, and between all the parties to these presents, That the said I. B. to whom the right of inheritance of the premisses mentioned to be demised to the said T. C. as aforesaid, doth belong and appertaine, (being now in his minority) should have made and granted a lease in exchange unto the said T. C. of all the said lands and premisses to him the said T. demised as aforesaid, (by the said W. L. and A. his wife) for the term of eighty nine years, and for the yearly rent of &c. And that likewise in recompence, [Page 227] satisfaction and exchange thereof, the said T. C. should have granted in exchange unto the said I. B. a like lease for the like term of eighty nine years, and for the yearly rent of 1 d of the said lands and premisses demised and granted to the said W. L. and A. his wife in exchange as aforesaid; and for that neither of the same leases can be now perfectly made and finished; Therefore it is now further covenanted, concluded and fully agreed upon, by, and between all the said parties to these presents in form following, viz.
And the said W. L. doth by these presents covenant, &c. that he the said W. L. shall do his best endeavour, That an Infant shal seal a lease at his full age of 21 years: that he may or can to procure and get the said I. B. by his deed indented to make, seal and deliver as his deed to the said T. C. his heires or assignes within three months next after that he the said I. B. shall accomplish his full age of twenty one years, a sufficient demise, lease and grant in exchange of all and every the said lands, layes, meadows, pastures, hereditaments and premises, with their appurtenances to him the said T. C. as aforesaid demised for the term of eighty nine years, and for the yearly rent of 1 d and with and under such like and the same covenants, clauses and agreements as before in these presents are limited, expressed and set down on the part and behalf of the said W. L. to be performed and done.
And in consideration thereof, the said T. C. doth covenant, &c. that if the said I. B. or his heires do, and shall make, seal and deliver as his deed unto [Page 228] the said T. C. his heires or assignes, the said demise, lease and grant in manner and form as is aforesaid, by the said I. B. to be signed, sealed and delivered to the use of the said T. C. his heirs or assignes in the presence of three credible persons, whose names shall be subscribed or endorsed upon the same, that then he the said T. C. or his heirs, at, and upon the receiving of the said lease and grant, shall and will (being thereunto required) make, seal and deliver in exchange unto the said I. B. or his assignes a like lease of all and every the premisses to the said W. L. and A. his wife granted as aforesaid for such like term and number of years, and with and under such rent and covenants, as shall be contained and specified in the said lease so to be made by the said I. B. to the said T. C. as aforesaid. In witnesse, &c.
A bargain and sale of lands mortgaged, made from the mortgagee and Mortgager, before the day for redemption to an other.
THis Indenture made, &c. between H. B. R. H. of, &c. and M. C. of, &c. of the one party, and R. S. of, &c. of the other party, witnesseth, that whereas Francis Beamont of the Parish of Saint Martins in the fields, in the County of, &c by his deed indented bearing date, &c. for the considerations therein mentioned and expressed, hath betaken, granted and to farm letten unto the said M. C. all that the Scite and capital Messuage or Mannor house of Hardwich, with the rights, members and appurtenances whatsoever, scituate, lying and, being within the Lordship of [Page 229] Chertsey, in the County of Berks, &c. and all, &c. the words verbatim in the Original with the Habendum and Reddendum recited, as by the same Indenture amongst divers covenants, clauses and agreements therein contained more at large it doth and may appear: And whereas also the said M. C. by her Indenture of Assignment, bearing date, &c. for the considerations therein mentioned and expressed, Hath granted, bargained, sold, aliened, assigned and set over unto the said H. B. and R. H. as well the said recited or mentioned Indenture, to her the said M. C. granted as aforesaid, and the said scite and capital messuage of the said Mannor of H. Lands, Meadows, Feedings, Pastures, Demeasn lands, stock, and all and singular other the premisses thereby mentioned to be demised and granted, and every part and parcel thereof with the appurtenances: as also all the estate, right, title, interest, term of years then to come, and unexpired, reversion, possession, property, claim and demand whatsoever, which she the said M. C. hath, or had, or may, might, should, or ought to have, or can, or may claim, challenge or demand, of, in, or to the said scite and capital Messuages, Meadows, Feedings, Pastures, Demeasn lands, Stock, and all and singular other the premisses with the appurtenances, and of, in, and to every part and parcel thereof, by force and vertue of the same Indenture to her the said M. C. made and granted as aforesaid, or any thing therein contained, or otherwise howsoever; To have and to hold the said scite and capital messuage, &c. ut in Indent. de mortgage, unto the said H. B. and R. H. their Executors, Administrators and Assignes, to the only proper use and behoof of them the said H. B. and R. H. their Executors, Administrators [Page 230] and Assignes, from the ensealing and delivery of the same Indenture of Assignment, for, during, and untill the full end and accomplishment of all the rest and residue then to come, and unexpired of the said term of twenty one years by the said first recited Indenture to her the said M. C. granted as aforesaid, together with the same Indenture: In which said Indenture of Assignment, there is a certain Proviso or Condition contained in these words or to this effect following, that is to say:
Provided alwayes, that if the said M. C. her Heires, Executors, Administrators or Assignes, or any of them do well and truly content and pay or cause, &c. verbatim as in the assignement, as by the same Indenture of assignment amongst divers other covenants, grants, articles, clauses and agreements therein contained, more at large also it doth and may appear. Now this Indenture further witnesseth, that for, and inconsideration of the sum of 650 l of good, &c. to her the said M. C. in hand, at, and before the ensealing and delivery of these presents by the said R. S. well and truly paid, whereof and wherewith, she the said M. C. and the said H. B. and R. H. acknowledge themselves fully satisfied and paid, and thereof, &c. they the said H. B. and R. H. have bargained, sold, assigned and set over, and by these presents do, &c. unto the said R. S. the said first recited Indenture, and all the said scite and capital messuage of the said Mannor of H. lands, meadows, feedings, pastures, demeasn lands, stock, and all and singular other the premisses, with the appurtenances thereby mentioned to be demised and granted to the said M. C. and every part and parcel thereof, as also all the estate, right, title, interest, term of years yet to [Page 231] come and unexpired, reversion, possession, propertie, claim and demand whatsoever, which they the said H. B. and R. H. or either of them, have, or hath, or may, might, should, or ought to have, of, in, or to the said scite or capital messuages, and other the premisses with the appurtenances; and of, in, and to every part and parcel thereof, by force and vertue of the said Indenture of Assignment before mentioned, or anything therein contained, together with the same Indenture of Assignment; to have and to hold, the said first recited, and the said scite and capital messuage of the said Manner of H. lands, meadows, feedings, pastures, demeasn lands, stock, and all and singular other the premisses by the said Indenture demised, and every part and parcel thereof with the appurtenances (except before excepted) and all the said estate, right, title, interest, term of years yet to come and unexpired, reversion, possession, property, claim and demand whatsoever of them the said H. B. and R. H. and of either of them, of, in, and to the same premisses, and of, in, and to every part and parcel thereof with the appurtenances unto the said R. S. his executors, administrators and assignes in such like, and in as large and ample manner and forme to all intents and purposes as they the said H. B. and R. H. or either of them have, or hath, or may, or ought to have and enjoy the same premisses by force and vertue of the same Indenture of assignment to them the said H. B. and R. H. made and granted as aforesaid, or any thing therein contained, together with the same Indenture of assignment: and also the said M. C. for the consideration aforesaid hath granted, bargained, sold, aliened, assigned and set over, and by these presents doth fully, clearly and absolutely grant, &c. [Page 232] unto the said R. S. the said first recited Indenture to her the said M. C. made and granted as aforesaid, and the said scite and capital messuage of the said Mannor of H. lands, meadows, feedings, pastures, demeasn lands, stock, and all and singular other the premisses by the same Indenture mentioned to be demised and granted, and every part and parcel thereof with the appurtenances. And further the said M. C. for the consideration aforesaid doth by these presents for her, Confirmation. her heires, executors and administrators, ratifie and confirme the said bargain, sale and assignment hereby made of the premisses by the said H. B. and R. H. to the said R. S. as aforesaid, and the estate and interest of the said R. S. in, and to the same, and every parcel thereof: Release. and also remise, release and quit claime unto the said R. S. his executors and assignes the said Proviso or condition before mentioned in the said Indenture of assignment, contained concerning the redemption of the premisses from the said H. B. and R. H. as aforesaid, and all and every covenant, clause, article and agreement touching the same. And also all the estate, right, title, interest, term of years yet to come, and unexpired, reversion, possession, property, claime, condition, entry, benefit and demand whatsoever which she the said M. C. hath, or had, or may, might, should, or of right ought to have, or can, or may claim, of, in, or to the said scite and capital messuage of the Mannor of H. lands, meadows, feedings, pastures, demeasn lands, stock, and all and singular other the premisses by the said Indenture, mentioned to be demised and granted, and in, and to every or any part or parcel thereof with their appurtenances [Page 233] whatsoever, by force and vertue of the same Indenture, or of the said Indenture of assignment, or the said proviso or condition therein contained, or either or any of them, or by any other wayes or means whatsoever or otherwise howsoever; To have and to hold, the said scite and capital messuage of the said Mannor of H. lands, &c. and all and singular other the premisses, in, and by the said Indenture to her the said M. C. mentioned to be demised and granted, and every part and parcel thereof with the appurtenances (except before excepted) and all the said estate, right, title, interest, term of years yet to come and unexpired, reversion, possession, property, claim and demand whatsoever of her the said M. C. of, in, and to the same premisses, and every part and parcel thereof with the appurtenances unto the said R. S. his executors, administrators and assigns, to the only use and behoof of him the said R. S. his executors, administrators and assigns, from the ensealing and delivery of these presents, for, during and until the full end and accomplishment of all the rest and residue yet to come and unexpired of the said term of twenty one years by the said recited Indenture, granted absolutely without any manner of condition, proviso or redemption, or other claim or demand whatsoever.
And the said H. B. for himselfe, his heirs, executors and administrators, doth covenant, promise and grant, to, For quiet enjoying discharged of incumbrances. and with the said R. S. &c. and to, and with every of them by these presents, in manner and form following: that is to say, that he the said R S. his executors, administrators and assignes and every [Page 234] of them, for, and under the rent, covenants, clauses and agreements, in, and by the said first recited lease of the premisses reserved and mentioned on the part and behalf of the said M. C. her executors and assignes, to be paid, done and performed, shall or may at all times hereafter, and from time to time, for, and during all the rest and residue yet to come and unexpired of the said term of twenty one years by the said letters pattents granted, peaceably and quietly have, hold, use, occupy, possesse and enjoy the said scite and capital messuages, &c. and all and singular other the premisses herein before mentioned, to be granted, bargained, sold, assigned and set over, and every part and parcel thereof with the appurtenances, without the let, interruption or disturbance of him the said H. B. or of any other person or persons by his means or procurement: and that the same premisses and every part and parcel thereof with the appurtenances, now are, and be, and so at all times hereafter, and from time to time shall be, remaine, and continue unto the said R. S. his executors and assignes free and clearly acquitted, exonerated and discharged, or otherwise upon lawful and reasonable request sufficiently saved and kept harmlesse, of, and from all and all manner of former bargains, &c. had, made, committed or done by him the said H. B. or by any other person or persons by his assent, means or procurement: the rent, covenants, clauses and agreements, in, and by the said before recited Indenture, reserved or mentioned, which on the part and behalf of the said M. C. her executors and assignes from henceforth, for, or in respect of the premisses, are, or ought to be paid, done, and performed, and the covenants, clauses and agreements in the said recited Indenture of assignment expressed [Page 235] and contained, which on the part and behalf of the said H. B. and R. H. their executor [...] administrators and assignes, or either or any of them, are, or ought to be d [...]served, performed, fulfilled, and kept, only except and fore prised. The like for R. H.
And the said R. S. doth covenant, &c. to and with the said H. B. and R. H. their executors, For discharging the rent to the Protector. administrators and assigns and every of them, at all times hereafter, and from time to time clearly to acquit, exonerate and discharge, or otherwise sufficiently to save and keep harmlesse the said H. B. and R. H. their executors, administrators and assignes and every of them, as well against his Highnesse the Lord Protector his heires and successors, as against all and every other person and persons whatsoever, of, for, and concerning the said rent, covenants, clauses and agreements before mentioned and excepted, and of, and from all manner of sutes, charges, troubles, incumbrances and demands whatsoever, which, for, or by reason thereof at any time or times hereafter, can, or may come, grow, or be, to, or against the said H. B. and R. H. their executors, administrators or assignes or any of them.
A covenant for quiet enjoying, discharged of incumbrances f
[...]om M. C. as from H. B.
Another covenant from R. S. to M. C for discharging the rent to the Protector, as is last before to H. B. and R. H.
And lastly, For further assurance, &c. the said M. C. doth covenant, &c. to and with the said [Page 236] R. S. &c. that she the said M. C. her executors and administrators shall and will at all time and times hereafter, for, and during the space of two years next ensuing the date hereof, at the reasonable request, and at the costs and charges in the law of the said R. S. his executors or assignes, do, make and execute or cause to be done, made, and executed all and every such further, lawful and reasonable acts, things and devises in the law whatsoever, for the discharge of any covenant, clause or agreement in the said recited Indenture of assignment mentioned and contained, wherewith the said R. S. his executors or administrators as assignee or assignes, of, or to the said H. B. and R. H. or either of them can or may be charged or chargeable, and for the extinguishing of the said proviso or condition in the said Indenture of assignment contained, and of all such estate and interest as she the said M. C. her executors or administrators now hath or shall, can or may by any means, have, claime or pretend to have in or to the premisses or any parcel thereof. And for the further, better and more perfect assurance, surety, sure making and conveying of the said scite and capital messuage and other the premisses, and of every part and parcel thereof unto the said R. S. his executors and assigns, for, and during all the rest and residue of the said term of twenty one years, which at the time of the making of any such further assurance, or doing any such act shall be to come and unexpired, as by the said R. S. his executors or assignes, or his or their councel learned shall be reasonably devised, advised or required.
A bargain and sale upon condition made to feoffees in trust.
THis Indenture tripartite made, &c. between, Sir H. H. &c. of the first part; R. L. and G. L. of the second party; and E. T. and G. B. of the third partie: witnesseth, that the said Sir H. H. R. L. and G. L. for the considerations herein after mentioned, have granted, enfeoffed and confirmed, and by these presents do fully, clearly and absolutely grant, enfeoffe, confirme and deliver unto the said E. T. and G. B. all that the Mannor or Lordship of E. in the County of L. with all and singular the rights, members and appurtenances of the same. And also all and singular the messuages, cottages, lands, tenements, meadows, pastures, feedings, rents, reversions, services, heathes, mores, commons, closes, woods, underwoods, wasts, waifes, straies, escheats, wards, courts, leets, perquisits of courts, royalties profits and hereditaments, with the appurtenances to the same Mannor or Lordship belonging or in any wise appertaining, or which now be, or at any time heretofore within the space of thirty years now last past, have been used, reputed, accepted, known, occupied, let or set as part, parcel, right or member of the said Mannor or Lordship: and also all and singular other the mannors, messuages, lands, tenements, rents, reversions, services and hereditaments, scituate, lying and being in E. and E. in the County of L. or in either of them, which at any time heretofore were the possession or inheritance of Sir I. H. deceased father of the said Sir H. And also all that the advowson and Patronage of the Parish Church [Page 238] of E. aforesaid; and all and singular the rents and yearly profits whatsoever reserved upon any demise or grant heretofore made or granted of the premisses, or of any part or parcel thereof: and the reversion and reversions whatsoever, of all and singular the same premisses and of every parcel thereof: and also the said H. H. R. L. and G. L. for the considerations herein after mentioned, have granted, assigned and confirmed, and by these presents do, &c. unto the said E. T. and G. B. all the estate, right, title, interest, use and possession whatsoever, which they the said Sir H. R. and G. and every or any of them have, or hath, or may, might, should, or of right ought to have, or claime, of, in, or to the said Mannor or Lordship, and all other the premisses herein before mentioned to be granted, enfeoffed, assigned or confirmed, and of, in, and to every part and parcel thereof with the appurtenances: together with all and all manner of deeds, evidences, charters, writings, escripts and minuments, which they and every or any of them have or hath, touching or concerning only the premisses or only any part or parcel thereof: to have and to hold the said Mannor or Lordship of E. mannors, messuages, lands, tenements, rents, reversions, services, hereditaments and all and singular other the premisses herein before mentioned, to be hereby granted or conveyed, and every parcel thereof with the appurtenances unto the said E. T. and G. B. and their heirs, to the only uses, intents, provisoes, conditions and limitations hereafter specified and declared, and to none other use, intent or purpose; that is to say, to the only use and behoof of the said R. L. and G. L. and of their heirs and assigns for ever, with and upon the condition hereafter specified and declared, that is to say.
[Page 239]Provided alwayes, that if the said Sir H. H. &c. do well and truly satisfie, content and pay, or cause to be contented, satisfied or paid unto the said R. L. and G. L. &c. the full summe of 4800 l of good, &c. at or within, &c. at or upon the second day of M. 1641. without fraud or covin: That then from and after the said payment so had and made, the use and uses, in, or by these present Indentures, had, made, or limited to the said R. L. and G. L. their and either of their heires and assignes: and also all & every estate which hereupon or by reason hereof or any thing herein mentioned, is, or shall be limitted, vested or executed, in, or to the said R. L. and G. L. their heirs or assignes or any of them, shall cease, determin, and be utterly void and of none effect: any thing in these presents contained to the contrary thereof in any wise notwithstanding: and that then and immediately from and after the said payment had or made to the said R. L. and G. L. their or either of their heires, executors, administrators or assignes or any of them, of the said summe of 4800 l of, &c. in manner and form as is afore expressed, declared and appointed; the said grant, feoffment, conveyance and assurance, and all and every other act or thing which after the date of these presents, and before the said second day of J. 1641 shall be had or made, by or between any of the said parties, or by their or any of their means or privity, or whereunto they or any of them shall be party or parties shall be, and shall be deemed and taken to be: and the said E. T. and G. B. and their heirs, and all and every other person and persons, and their heirs, that then shall stand and be seized of the said mannor and other the premisses, or any of them, shall stand and be seized thereof, and of every part and parcel [Page 240] thereof to the only proper use and behoof of the said Sir H. H. and of his heirs and assignes for ever, and to none other use, behoof, intent, or purpose whatsoever.
And it is further agreed by and between the said parties to these presents, and the said Sir H. H. doth covenant, The Indenture and use therein limited to be void for not payment of the money mentioned in the proviso. &c. to and with, &c. that if the said Sir H. H. his heires, executors, administrators nor assignes nor any of them do pay nor cause to be paid to the said R. L. and G. L. their nor either of their executors, administrators or assignes, nor to any of them, the said summe of 4800 l and every part thereof in manner and form abovesaid, but shall make default in payment of the same or of any part thereof: that then and from thenceforth this present grant, feoffment and conveyance of the premisses, and the said use before herein and hereby limited to the said R. L. and G. L. and their heires, shall stand, remain and be, and that then also and at all times from thenceforth all the said mannors, lands, tenements, hereditaments and all other the premises with all and singular their appurtenances, shall be and remain for ever to them the said R. L. and G. L. their heirs and assigns, absolutely without any condition or other limitation.
And the said R. L. and G. L. for themselves, their & either of their heires, executors and administrators, Not to do any act to hinder the rising of the use limited in the Covenants for quiet enjoying and making further assurance upon payment of the money mentioned in the proviso. and for every of them do covenant, promise and grant by [Page 241] these presents to and with, &c. in manner and form following, that is to say: that neither they the said R. L. and G. L. nor any of them, nor their nor any of their heires or any of them, nor any other person or persons by their or any of their procurement, means or assent, shall or will do, commit, or wittingly or wilfully suffer any act or thing, whereby or by means whereof there shall or may ensue or happen any let or hinderance to the rising or vesting of the said use herein limitted to the said Sir H. H. and his heires, by the payment of the said 4800 l according to the intent, purport and true meaning of the said condition or proviso; and that in case the said Sir H. H. his Heires, Executors, Administrators or Assignes, or any of them do well and truly satisfie, content & pay, or cause to be satisfied, contented & paid unto the said R. L. and G. L. or either of them, or the Heires, Executors, Administrators or Assignes of them or either of them, the said sum of 4800 l of, &c. at or upon the second day of J. &c. according to the true intent and meaning of the said proviso or condition, that then the said Sir H. H. his Heires and Assignes and every of them shall or may from thenceforth for ever have, hold and enjoy all the said Mannor or Lordship, Lands and Tenements with all and singular their appurtenances to his and their own proper use and behoof, without any let, trouble, incumbrance or interruption, of, or by the said R. L. and G. L. or either of them, their or either of their heires or assignes or any of them, or of any other person or persons, by, or with their or any of their means, act, assent or procurement.
[Page 242]And that then also they the said R. L. and G. L. their and either of their Heirs and Assignes, For fuuther assurance. and all others which then or at any time then after shall have, or rightfully claime to have any lawful estate, right, title or interest, of, in, or to the said Mannor or Lordship, Lands, Tenements, and Hereditaments, or any part or parcel thereof, by, from, or under the said R. L. and G. L. or either of them, shall and will at all and every time and times, from, and after such payment had and made to the said R. and G. or either of them, or the Executors, Administrators or Assignes of them, or of either of them of the said sum of 4800 l of, &c. in manner and forme as aforesaid, for, and during the space of three years then next ensuing, at, and upon reasonable request to them or either of them to be made, and at the only costs and charges in the Law of the said Sir H. H. his Heires or Assignes, or some of them, make, do, knowledge, suffer and execute, or cause to be made, knowledged, suffered, &c. unto the said Sir H. H. his Heires and Assignes for ever, all and every such further lawful and reasonable act and acts, thing and things, assurance and assurances, conveyance and conveyances in the law whatsoever, with warranty only against themselves and their Heires, or else without warranty for the better, more perfect, sure and absolute making and assuring of all and singular the said Mannor or Lordship, Lands, Tenements, Hereditaments and other the premisses with the appurtenances unto the said Sir H. H. his Heires and Assignes: be it by fine, feoffment, recovery or recoveries, deed or deeds, enrolled or not enrolled, the enrolement of these presents, release, confirmation, or by all, or any of them, or [Page 243] otherwise by any other lawful & reasonable act or devise, as shall be reasonably devised or advised by the Councel learned of the said Sir H. H. his heires or assignes. And also that he the said Sir H. H. his executors administrators and assigns and every of them, not doing, That the Morgager shall enjoy the issues and profits of the lands untill the day of payment. nor committing any voluntary wast above the value of 10 l of, &c. shall or may at all times from henceforth untill the third day of J. &c. without the let, trouble, interruption, or disturbance of, or by them the said R. L. and G. L. or either of them, their or either of their heirs or assignes, or of any of them, or of any other rightfully claiming, from, by, or under them or any of them, peaceably and quietly have, take, receive, perceive and enjoy the rents, issues and profits of all and singular the said Mannor or Lordship, lands and tenements and other the premisses before herein mentioned to be hereby granted and conveyed, and every part and parcel thereof, without any accompt to be made or yielded unto the said R. L. and G. L. or either of them, their or either of their heires, executors or assignes of, or for the same, this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding; and that neither the said R. L. and G. L. their heires or assignes, nor any of them shall nor will take any of the rents, issues, revenews or profits of any the premisses or of any part thereof, which shall grow, arise, or come in or out of the premisses or any part or parcel thereof before the said third day of J. &c.
[Page 244]And it is further covenanted, concluded and agreed by and between the said parties to these presents, That the morgagee shall pay more for the cleare purchase of the land so morgaged, and being forfeited. and the true intent and meaning of the same parties to these presents is: and the said R. L. and G. L. do by these presents further covenant, &c. to and with, &c. that if neither the said Sir H. H. his heires nor assignes nor any of them do pay nor cause to be paid unto the said R. L. and G. L. their heires, executors, administrators or assignes, nor to any of them the said summe of 4800 l of, &c. in manner and forme as is before limited and appointed for the payment of the same, whereby the said estate of the said R. L. and G. L. shall become absolute; that then they the said R. L. and G. L. their heires, executors, administrators or assigns, or some of them shall & will well & truly content & pay or cause to be paid unto the said Sir H. H. his execu. admi. or assigns or some of them at or in, &c. the sum of 1000 l of, &c. at or upon the third day of M. 1642 as the residue, & in ful satisfaction of the cleare & absolute purchase of the said Mannor or Lordship, lands, tenements and other the premises without fraud, covin or further delay, unto them the said R. L. and G. L. their heires and assignes to the only proper use and behoof of them the said R. and G. their heires and assignes forever.
And the said Sir H. H. doth covenant, &c. to and with the said [...]. L. and G. L. &c. that if the said Sir H. H. his heires, To relinquish possession after default of payment of the sum contained in the Proviso. executors, administrators nor assignes, nor any of them do well and truly pay [Page] nor cause to be paid unto the said R. L. and G. L. nor to the heires, executors, administrators or assignes of them nor any of them, the said sum of 4800 l of, &c. before mentioned in manner and forme as aforesaid, according to the intent and true meaning of the said proviso or condition before herein expressed: that then he the said Sir H. H. his Tenants, Farmours and Assignes and every of them (other then such as be hereafter excepted) shall and will deliver, yield up and relinquish unto the said R. L. and G. L. their heires or assignes, or the survivor or survivors of them, the peaceable and quiet possession of the said Mannor or Lordship, and of all other the premises with the appurtenances, without, any let, trouble, contradiction or interruption. And that then also he the said Sir H. H. his heires and assignes and Dame R. his wife, Further assurance. and all and every other person or persons now having or rightfully claiming, or which at any time or times hereafter shall or may lawfully have, claime or pretend to have any manner of estate, right, title, use, interest, condition or possession, of, in, or to the said Mannor or Lordship and other the premises, or any part thereof, other then such person and persons, whose estates, interests and termes are excepted in one former Indenture bearing date, &c. made between the said Sir H. of the one party, and the said R. L. and G. L. on the other party, for, and in respect only of their leases and termes, by, and in the said last mentioned Indenture excepted, shall and will at all and every time and times, from, and after such default of payment, had, or made of the said sum of 4800 l for and during the space of seven years then next ensuing, at and upon reasonable request [Page 246] to him, her or them to be made, and at the only costs and charges in the law of the said R. L. and G. L. or any of them, or the heires or assignes of them, or of one of them, make, do, &c. as in other like Covenants, &c. And that the said R. L. and G. L. their and either of their heirs and assignes and every of them, For quiet enjoying. and all and every person and persons which at any time and times after the said default of payment of the said sum of 4800 l of, &c. had and made as aforesaid, shall have any estate, right, title or interest, of, in, or to the said Mannor or Lordship, mannors, lands, tenements and other the premisses or any part thereof, by, from, or under the said R. L. and G. L. their heirs or assignes or any of them, shall or may at all times from, and after the said default of payment of the said sum of, &c. had or made, for ever peaceably and quietly have, hold, occupy and enjoy all the said Mannor or Lordship, mannors, lands, tenements and other the premises without any let, trouble, vexation or interruption of, or by the said Sir H. H. his heires or assignes or any of them, or of, or by any other person or persons whatsoever (except as in and by the said Indenture of bargain and sale bearing date the said, &c. made between the said Sir H. H. of the one party, and the said R. L. and G. L. of the other party, for and in respect only of the estates and interests, in and by the same Indenture excepted.)
To deliver up a Statute upon payment of the money mentioned in the proviso.And lastly the said R. L. and G. L. do by these presents further covenant, &c. to and with the said Sir H. H. &c. that in case the said Sir H [Page 247] his heires, executors, administrators or assignes, or any of them do well and truly pay or cause to be paid unto the said R. L. and G. L. or one of them, or to the heires, executors, administrators or assigns of them, or of one of them, the said sum of 4800 l of, &c. on the said second day of J. &c. at or, &c. according to the purport, intent and true meaning of the said proviso or condition, without fraud or covin: that then they the said R. L. and G. L. or one of them, their or either of their heires, executors, administrators or assignes, or some or one of them, shall and will within convenient time after the said payment so had and made, deliver or cause to be delivered to the said Sir H. H. his executors, administrators or assignes, at, or, &c. one writing obligatory or recognizance in the nature of a statute staple bearing date, &c. taken, sealed and acknowledged before, &c. wherein the said Sir H. H. is and standeth bound unto the said R. L. in the sum of, &c. to be cancelled and made void.
And further the said Sir H. H. R. L. and G. L. have made, ordained, constituted, A letter of Atturney to deliver possession. and in their stead and place by these presents have put and authorized A. B. &c. their true and lawful Atturnies, joyntly and severally for them and in their names to enter into the said Mannor or Lordship and other the premisses, and into every or any part thereof in the name of the whole, and possession and seisen thereof or of any part or parcel thereof in the name of the whole, in their names and to their use to take: and after such possession and seizen thereof, and of every or any part or parcel thereof so had and taken, [Page 248] to deliver full and peaceable possession and seisen thereof to the said R. T. and G. B. or to their Atturey in that behalf appointed, to have and to hold to the said R. T. and G. B. according to the limitations, uses, provisoes and conditions before herein expressed, and according to the tenour, purport, effect and true meaning of this present Indenture tripartite, holding firme and stable all and whatsoever their said Atturneys or either of them shall do or cause to be done in or about the premisses by these presents. Forster. In witnesse.
Memorandum, that the fourth day of M. in the, &c. peaceable and quiet possession and seisin of the mannors, Delivery of possession. messuages, lands, tenements and hereditaments in E. and F. within specified, was taken had and delivered by the Atturnies within named, to the within named E. T. and G. B. according to the tenor and true meaning of this present Indenture to the uses, provisoes, conditions and limitations mentioned in the same Indenture, in the presence of those whose names be subscribed.
Memorandum likewise, that the day and year above said A. B. C. D. E. F. &c. did agree to this present grant within written, Attornment. and did severally Atturne tenants to the said E. T. and G. B. according to this present grant, in the presence of those whose names are subscribed; and in witnesse thereof the said A. B. C. D. E. F. &c. have hereunto set their hands. Forster.
An Indenture of bargain and sate absolute.
THis Indenture made, &c. between Sir R. M. of, &c. of the one party, and R. H. and G. H. &c. of the other party, Witnesseth, that the said Sir R. M. for and in consideration of the sum of 600 l &c. to him in hand, at, and before the ensealing and delivery of these presents, by the said R. L. and G. L. well and truly paid, whereof, and wherewith he acknowledgeth himself fully satisfied and paid, and thereof, and of every part and parcel thereof doth clearly acquit, exonerate and discharge the said R. L. and G. L. their and either of their heires, Forster concilium. executors and administrators and every of them for ever by these presents, hath given, granted, bargained, sold and confirmed, and by these presents doth fully, clearly and absolutely give, grant, bargain, sell and confirme unto the said R. L. and G. L. their heires and assignes for ever, all that the Mannor & Lordship of C. in the County of, &c. with all and singular the rights, members, liberties, priviledges, royalties and appurtenances thereof whatsoever: and all that the rectory and parsonage of C. aforesaid, with all glebe lands, tithes of corne, grain and hay, oblations, obventions, fruits, profits and commodities whatsoever, of what nature, kind or quality soever they be, or by whatsoever name or names they are called or known to the said rectory and personage incident, belonging or appertaining, or reputed or known to be part, parcel or member thereof, or to or with the same now, or at any time heretofore usually occupied or enjoyed, coming, growing, renewing and increasing within [Page 250] C. and S. in the County of, &c and the advowson, gift, free disposition, and right of patronage of the Vicaridge and Church of C. aforesaid, with the appurtenances in the said County of, &c. And also all and singular messuages, mills, houses, edifices, buildings, barnes, stables, dove-houses, yards, orchards, gardens, lands, tenements, meadows, feeddings, pastures, leasows, commons, wast-grounds, heaths, furzes, mores, marishes, woods, underwoods, wayes, waters, fishings, fishing places, streams, rivers, banks, ponds, rents, reversions, services, courts, leets, view of frank pledge, perquisits and profits of courts and leets, and all that to courts, leets and view of frank pledge doth belong or appertain, goods and chattels wayved, and estrayed, goods and chattels of fellons and fugitives, fellons of themselves, and of persons our-lawed, fees, wards, marriages, escheats, reliefs, herriots, fines, amerciaments, liberties, priviledges and all other profits, commodities, advantages, emoluments and hereditaments whatsoever to the said Mannor and Lordship, rectory and other the premisses herein before mentioned, meant or intended to be hereby given, granted, bargained and sold, and to every or any of them by any means belonging or appertaining, or with the same or any of them as part, parcel or member thereof, now or at any time heretofore demised, let, used, occupied, reputed or enjoyed with all and singular their appurtenances; and also all and singular messuages, lands, tenements, rents, reversions, services and hereditaments whatsoever of him the said R. M. in C. and S. aforesaid, and in H. and S. in the said County of, &c. and in every or any of them; and also all and singular rents and yearly profits whatsoever, reserved upon any demise, lease or grant, demises, leases [Page 251] or grants heretofore made or granted of the premisses or of any part or parcel thereof; and the reversion and reversions, remainder, and remainders of all and singular the premisses, and of every part and parcel thereof: and also the said R. M. for the consideration aforesaid, hath granted, bargained and sold, and by these presents doth fully and clearly grant, bargain and sell unto the said R. L. and G. L. their heires" and assignes for ever, all the estate, right, title, interest, use, possession, reversion, remainder, propertie, condition, claime and demand whatsoever, which he the said R. M. hath, or had, or shall, should, may, might, or of right ought to have or claim, of, in, or to the said Mannor and Lordship of C. rectory, advowson, messuages, lands, tenements, hereditaments, and all and singular other the premisses with the appurtenances before, in, and by these presents granted, bargained and sold, or of, in, or to any part or parcel thereof, to have and to hold all the said Mannor and Lordship, Habendum. rectory, advowson, messuages, lands, tenements, meadows, feedings, pastures, commons, rents, reversions, services, hereditaments, and all and singular other the premisses herein before mentioned, meant or intended to be hereby given, granted, bargained and sold, and every part and parcel thereof, with all and singular their rights, members and appurtenances unto the said R. L. and G. L. their heires and assignes, to the only proper use and behoof of them the said R. L. and G. L. and of their heires and assignes for ever. And the said R. M. and his heires the said Mannor, &c. Warranty. Vt in al. warran. &c. In cujus rei, &c.
An Indenture of covenants to the former Indenture: Whereupon a recovery is passed.
THis Indenture made the, &c. between Sir R. M. of, &c. of the one party, and R. L. &c. and G L of the other party; Whereas the said R M by an Indenture of bargain and sale bearing the date hereof, and sealed and delivered with these presents for the causes in the same Indenture mentioned and expressed, doth give, grant, bargain, sell and confirme unto the said R. L. and G. L. their heires and assignes for ever, all that the Mannor and Lordship of C. &c. and divers other lands and tenements, as by the same Indenture of bargain and sale amongst other covenants, grants and agreements therein mentioned more at large it doth and may appear. Now this Indenture witnesseth, that the said R. M. for the consideration in the said Indenture of bargain and sale mentioned, hath bargained and sold, and by these presents doth bargain and sell unto the said R. L. and G. L. their heires and assignes for ever, All and all manner of deeds, evidences, charters, For delivery of evidences. writings, escripts, Court rolls, books of survey, books of accompt, rentals, counterparts of leases, terrors, boundaries and miniments whatsoever, any way touching or concerning the said Mannor and Lordship, rectory, advowson, messuages, lands, tenements and other the premisses with the appurtenances or any part or parcel thereof: All which said deeds, evidences, charters, writings, escripts, Court rolls, books of [Page 253] survey, books of accompt, rentals, counterparts of leases, terrors, Forster. boundaries and miniments before mentioned, or so many of them as now be in the hands, custody or possession of the said R. M. or of any other person or persons to his use or by his delivery, or which he knowing where they are may lawfully get or come by without sute in the law, together with true copies of all deeds, evidences, writings and miniments as do touch or concerne the premisses or any part or parcel thereof joyntly with any other lands or tenements, the same copies to be written and copied out at the costs and charges of the said R. L. and G.L. their heires and assigns: and the said R.M. for for himself his heires, executors and administrators doth covenant, &c to and with the said R. L. and and G. L. their and either of their heires and assignes, and every of them by these presents to deliver or cause to be delivered unto the said R. L. and G. L. their heires and assigns, or to some of them on this side and before the feast of, &c. whole, For being seized. safe, uncancelled and undefaced.
And the said R M. doth covenant, &c. in manner and forme following, viz. That he the said R. M. at the time of the ensealing and delivery of these presents, is and standeth, and so untill a good and lawful estate shall be vested and executed in the said R. L. and G. L. and their heires, according to the intent and true meaning of these presents, shall be, and stand, and be the very true, sole, lawful and perfect owner, and rightfully and absolutely seized of the said Mannor and Lordship, and of all and singular other the premisses with the appurtenances [Page 254] in the said Indenture mentioned, meant or intended to be thereby given, granted, bargained and sold in his demeasn, as of see simple or fee tail general to his own proper use and behoof, without any manner of condition or limitation of any use or uses to atler, change or determine the same: and that there is not, No reversion in the Protector. nor before the execution or vesting of the said estate there, shall be any reversion or remainder thereof, or of any part or parcel thereof, &c. or in any other person or persons: And also that he the said R. M. now hath, and untill the executing and vesting of the said estate, shall have full power, lawful and rightful authority to convey and assure the said Mannor and Lordship, rectory, advowson, messuages, lands, tenements, hereditaments and all and singular other the above mentioned, bargained premisses, with the appurtenances unto the said R. L. and G. L. their heires and assignes for ever in forme aforesaid.
And the said R. M. doth covenant, &c. that the said Mannor and Lordship, rectory, Discharged of incumbrances. advowson, messuages, lands, tenements, and all and singular other the premisses before, by the said Indenture given, granted, bargained and sold, or meant, mentioned or intended to be thereby given, granted, bargained and sold, and every part and parcel thereof with the appurtenances, at the ensealing and delivery of these presents, are, and be, and so at all times hereafter for [Page 255] ever shall be, remain, and continue unto the said R. L. and G. L. their heires and assignes, free and clearly acquitted, exonerated and discharged, or otherwise well and sufficiently saved and kept harmlesse, of, and from all and all manner of bargains, sales, gifts, grants, leases, joyntures, dowers, annuities, statutes merchant, and of the staple, recognizances, uses, wills, intailes, fines for alienation without licence, post fines, rents, charge rents, seck arrerages of rents, amerciaments, intrusions, primer seizens, condemnations, judgements, extents, executions, claims, duties, debts of record, debts to the, &c. and of, and from all other charges, estates, titles, troubles, incumbrances and demands whatsoever, had, made, committed, suffered or done, or hereafter to be had, made, committed, suffered or done by Sir I. M. deceased, great grand-father of the said R. M. his heires or assignes, or by W. M. arbitrator deceased, grand-father of the said R. M. his heires or assignes, or by the said R. M. his heires or assignes or any of them, or by any other person or persons whatsoever, having, or rightfully claiming or pretending to have, or which at any time or times hereafter shall have or rightfully claim or pretend to have any lawful estate, right, title, interrest or demand, of, in, and to the said Mannor and Lordship and other the premisses, or of, in, or to any part or parcel thereof, in, by, from, or under them or any of them, or by their or any of their assent, means, consent, title, interest, act, sufferance or procurement: the chief rent and services from henceforth to grow due to the chief Lord or Lords of the fee or fees of the premisses, for, and in respect only of his or their seiginory and seiginories only except and foreprised; and also except, &c. and also except one lease, &c. whereupon [Page 256] the yearly rent of 10 l is reserved, which shall or may be yearly, from and after the fifteenth day of, &c. be due and payable unto the said R. L. and G. L. their heires and assignes during the continuance of the same excepted lease: Provided alwayes that if the said R. M. his heires, executors, administrators or assignes or any of them do well and truly pay or cause to be contented and paid unto the said R. L. and G. L. their or either of their executors, administrators or assignes the full summe of 800 l of, &c. on the, &c. at or, &c. that then as well this present Indenture, as the said recited Indenture of bargain and sale and every of them, and every covenant, grant, article, clause and agreement in them and every of them contained, on the part and behalf of the said R. M. his heires, executors or administrators to be performed and kept, shall immediately from thenceforth cease, determine and be utterly void, frustrate and of none effect; and that then also, and from thenceforth it shall and may be lawful, to, and for the said R. M. his heires and assignes into the said Mannor and Lordship, rectory, messuages, lands, tenements, hereditaments and other the premisses with the appurtenances, and into every or any part or parcel thereof to reenter, and the same to have again, enjoy and repossesse, as in his and their first and former estate, any thing in these presents contained to the contrary thereof in any wise notwithstanding.
And furthermore the said R. M. doth covenant, &c. For quiet enjoying after default of payment that if default shall be made of the payment of the said summe of 800 l upon the said fifteenth day of, &c. [Page 257] at the place of payment aforesaid: that then and from and after such default of payment so thereof, or of any part or parcel thereof had or made, they the said R. L. and G. L. their heires and assignes and every of them shall and may from time to time and at all times for ever according to the tenor, purport and true meaning of these presents, peaceably and quietly have, hold, occupy, possesse and enjoy the said Mannor and Lordship, Rectory, Advowsen, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premises with the appurtenances and every part and parcel thereof, without any manner of let, trouble, interruption, eviction, expulsion or disturbance of him the said R. M. his heires or assignes, or of any other person or persons whatsoever lawfully claiming, by, from, or under him the said R. M. or by, from, or under the said I. M. Great-Grand-Father of the said R. M. or by, from, or under the said I. M. or by, from, or under the said R. M. Father of the said R. M. except before [...]cepted.
And the said R. L. and G. L. do covenant, &c. that he the said R. M. his Heires, Executors, That the Morgager may receave the profits of his lands untill the day of redemption. Administrators and Assignes and every of them shall or may without the let, trouble, molestation or interruption of the said R. L. and G. L. their Heirs or Assigns, or of any other rightfully claiming, from, by, or under them, either or any of them, peaceably and quietly have, hold, perceive, receive, take and enjoy the rents, issues and profits of all and singular the said Mannor and Lordship, Rectory, Messuages, Lands, Tenements, Hereditaments and all and [Page 258] singular other the Premisses before mentioned to be given, granted, bargained and sold by the said recited Indenture, and of every part and parcel thereof with the appurtenances, untill the sixteenth day of, &c. without any accompt to be made or yielded unto the said R. L. and G. L. their Heires, Executors or Assignes, of, or for the same, the said recited Indenture or any thing therein contained to the contrary notwithstanding: and that neither the said R. L. and G. L. their Heires or Assignes, nor any of them shall or will take any of the rents, issues, revenues or profits of any of the Premisses, or of any part thereof, or which shall grow, arise, or come in or our of the Premisses, or any part or parcel thereof, before the said fifteenth day of, &c.
And furthermore, the said R. M. doth covenant, &c. that if he the said R. M. his Heires, For further assurance after default of payment. Executors, Administrators or Assignes, or some or one of them do not well and truly pay or cause to be contented or paid unto the said R. L. and G. L. their or either of their Executors, Administrators or Assignes the said summe of 824 l before mentioned, according to the true intent and meaning of the Proviso or condition before herein expressed: that then he the said R. M. and Dame W. his wife and their Heires, and all and every other person and persons now having or claiming, or which at any time or times hereafter shall or may lawfully have, claime or pretend to have any estate, right, title, use, interest, condition or possession, of, in, and to the said Mannor and Lordship, Rectory, Advowson, Messuages, Lands, Tenements, Hereditaments [Page 259] and other the Premises or any part or parcel thereof, other than the persons before excepted, for, and in respect only of the said Annuities, Leases and Terms before excepted, shall and will from time to time and at all times, from, and after default of payment made as aforesaid, for, and during the space of seven years next ensuing, at and upon reasonable request, and at the only costs and charges in the law of the said R. L. and G. L. their Heires and Assignes, or of some of them, do make, knowledge, execute and suffer, or cause to be done, made, knowledged, executed and suffered unto the said R. L. and G. L. their Heires and Assignes; A further and all and every such other act and acts, thing and things, assurance and assurances, conveyance and conveyances in the Law whatsoever, for the better, more perfect, sure and absolute conveying and assuring of all and singular the said Mannor and Lordship, Rectory, Advowson, Messuages, Lands, Tenements, Hereditaments, and all other the premises with the appurtenances, by the said recited Indenture mentioned, or intended to be granted, bargained and sold unto the said R. L. and G. L. their Heires and Assignes, for ever, absolutely without any manner of Condition, Mortgage or Redemption, be it by fine, or fines feoffment, recovery or recoveries, with single or double voucher or vouchers, deed or deeds, enrolled or not enrolled, the inrolment of these presents, release, confirmation, or by all or any of them, or otherwise by any other lawful and reasonable act and devise, with warranty of him the said R. M. and his Heires against all men, or otherwise without warranty, if it be so required; as shall be reasonably devised or advised by the learned Counsel of the said R. L. and G. L. their Heires or Assignes, or some or one of them.
[Page 260]And it is covenanted, granted, concluded and agreed, by, and between all the said parties to these presents, For passing of a Recovery. that T. H. and W. B. by writ of entry, sur disseisin en le post, to be by them sued forth, at the costs and charges of the said R. L. and G. L. out of the high Court of Chancery, and to be returned into the Court of Common-Pleas at Westminster, before the Justices there, against them the said R. L. and G. L. then in possession of the said premises, shall recover the said Mannor and Lordship, Rectory, Advowson, Messuages, Lands, Tenements, Hereditaments, and other the premisses mentioned, meant or intended, in, or by the said recited Indenture, to be bargained and sold with their rights, members and appurtenances, in due forme of Law, against the said R. L. and G. L. then being Tenants of the said Premisses with the appurtenances, by some name or names in the said writ and recovery to be contained, and upon the said writ and proceeding thereupon, the said R. L. and G. L. after appearance, shall vouch over to warrant the said R. M. and that the said R. M. shall thereunto appear, and vouch over to warrant the common vouchee, and that each of them the said R. L. and G. L. and the said R. M. shall do, and suffer all, and whatsoever to them and either of them in that behalf shall belong and appertaine, for the suffering of a good and perfect recovery of all the said Mannors, Lordships, Lands, Tenements, and other the Premisses mentioned in the said Indenture, to be thereby given, granted, bargained and sold unto the said R. L. and G. L. according to the course of common recoveries and assurances of Lands, in such cases used, and that the said recovery shall in due form [Page 261] of law be executed by the writ of habere fac. seisin. accordingly.
And it it is by these presents likewise fully concluded, agreed and declared, by, To lead the use of the recovery. and between all the parties unto these presents; that the said recovery and all other recoveries whatsoever had, made, knowledged, levyed, executed or suffered, or to be had, made, knowledged, executed or suffered of the Premisses, or of any parcel thereof, by, or betwixt the said parties or any of them, and the full force and execution of the same and every of them, shall be, and inure, and shall be had, taken, construed, esteemed and adjudged to be, and to inure to the only uses, provisoes, conditions and limitations before herein mentioned, according the true intent and meaning of the said Indenture and of these presents, and to no other use, behoof, intent or purpose whatsoever.
And it is further covenanted, conditioned, concluded and fully agreed, by, and between the said parties to these presents, For paym. of a further sum of money for the the absolute purchase of the land mortgaged and the true intent and meaning of the said parties, to these presents is; and the said R. L. and G. L. do covenant, &c. that if the said R. M. his Heires, Executors, Administrators or Assigns, or any of them do not pay or cause to be paid unto the said R. L. and G. L. their Executors, Administrators or Assigns, nor to any of them the said sum of 800 l &c. at the day, and place of payment thereof above mentioned, but shall make [Page 262] default of payment thereof, or of any part or parce thereof, according to the true meaning of the said proviso or condition, whereby, or by reason whereof the Premisses and every parcel thereof, shall become absolute to the said R. L. and G. L. their Heires and Assignes, according to the true intent and plaine meaning of these presents; that then they the said R. L. and G. L. their Heires, Executors, Administrators or Assignes, or some of them, shall and will pay, or cause to be paid unto the said R. M. his Heires, Executors, Administrators or Assignes, at or, &c. the full summe of, &c. in manner and form following, that is to say, on the, &c. day of, &c. the summe of 120 l and within one whole year next ensuing the day of the death of the said R. M. the Father, the sum of 100 l at the end of one other whole year then next following, one other 100 l and at the end of one other whole year also then next ensuing, one other 100 l in full satisfaction, of, and for the clear and absolute purchase of the said Mannor and Lordship, Rectory, Advowson, Messuages, Lands, Tenements, Hereditaments, and of all and singular other the Premisses in the said Indenture mentioned, to be thereby given, granted, bargained and sold, and of every part and parcel thereof with the appurtenances. In, &c.
Covenants for surrendring of Copyhold lands.
And the said D. S. for the consideration before in these presents expressed, doth further covenant, For making a Surrender. promise and grant, for her selfe, her Heires, Executors and Administrators, and for every of them, to, and with the said I. P. his Heires and Assignes by these presents, [Page 263] that she the said Dame S. S. or her Heires, shall and will on this side and before the Feast of, &c. at the charges in the law of the said I. P. his Heires or Assignes, make and suffer, or cause to be made and suffered a good and sufficient surrender in law, to the use of the said I. P. his Heires and Assignes for ever, according to the custome of the Mannor of C. of one field or close of pasture, &c. and so recite the land verbatim, and of every part and parcel thereof with the appurtenances, being parcels of the said Mannor of C. and which late were the Copyhold inheritance of T. C. deceased, according to the custome of the said Mannor.
And the said Dame S. doth covenant, &c. that the said Copyhold lands, Discharged of incumbrances. at the time of the making and perfecting of the said surrender, shall be, and so at all times for ever hereafter, shall continue unto the said I. P. his Heires and Assignes clearly discharged, or otherwise sufficiently saved and kept harmlesse, of, and from all former charges, estates, titles, troubles, surrenders, forfeitures and incumbrances whatsoever made, committed, suffered or done by the said T, C. deceased, his Heires or Assignes, or by the said E. S. his Heires or Assignes, or by the said Dame S. S. or by any other person or persons, by, or with their, every, or any of their means, assent, title, interest, act, sufferance or procurements.
And the said Dame S. doth covenant, &c. that the said Copyhold-lands and Premisses before mentioned, That the lands are of a certain value p. an. to be granted and assigned as [Page 264] aforesaid now are of the cleare yearly worth and value of 20 l by the year, above all rents, charges and reprises, and so are, and be now well worth to be let or set; and that the same close shall from time to time hereafter, so remaine, be, and continue of the yearly value aforesaid unto the said I. P. his, &c. during the terms and continuance of the said several mentioned or recited leases and either of them.
A bargaine and sale of Swans and Swan mark.
TO all Christian people, to whom this present writing shall come, A. B. of, &c. sendeth greeting, &c. know ye that I the said A. B. for divers good causes and considerations me in this behalf specially moving, have given and granted, and by this my present writing, do give, grant and confirme unto C. D. of, &c. all those my Swannes and Signets, and game of Swannes and Signets white and gray, marked with the ragged-staffe, swiming, remaining and being, in, upon, or about the River of W. in the County of, &c. or in, upon, or about any other Rivers, Brooks, waters or places within the same County of, &c. or elsewhere wheresoever. And all rights, royalties, priviledges, preheminences, profits and commodities whatsoever, to the same Swannes and Signets, and game of Swannes and Signets, or any of them in any wise belonging, incident or appertaining; together with the Swanne mark aforesaid: to have and to hold, the said Swannes and Signets, and game of Swannes and Signets and Swanne mark aforesaid, with their rights and appurtenances whatsoever unto the said C. D. his Heires and Assignes for ever, in as large, [Page 265] ample and beneficial manner and form, as I the said A. B. or any my ancestors ever have had, held or enjoyed, or might or ought to have had, held or enjoyed the same. In witnesse, &c.
A bargain and sale of underwood.
THis Indenture made, &c. between, &c. Witnesseth, that the said A. B. for, and in consideration of the summe of, &c. whereof, &c. hath bargained and sold, and by these presents doth bargain and sell unto the said C. D. all and singular woods and underwoods, growing and being within the grove called W. gro [...] and the hedge of the same, containing by estimation sixteen acres, be it more or lesse, lying and being in the Parish of D. in the County of H. and also all the lops and shreds of all such trees, being within the said grove called W. as have been usually lopped at the felling of the underwood growing within the said grove; except, and alwayes out of this present sale reserved unto the said A. B. his Heires and Assignes, all manner of trees whatsoever, other than underwood now growing, or being in or upon the same grove or any parcel thereof; To have and to hold the said underwoods, lops and shreds, before by these presents bargained and sold (except before excepted) unto the said C. D. his Executors and Assignes, to his and their only proper use and behoof. And the said A. B. doth covenant, &c. that he the said C. D. his Executors and Assignes, at his and their liberty and pleasure, shall or may peaceably and quietly, have, hold, take, and enjoy the said underwoods, and enter into the said grove & every part and parcel thereof, there to fell, [Page 266] hew, & cut down all and singular the said woods, and underwoods, and hedgerows at all seasonable times in the year, from the day of the date hereof, untill the, &c. and the same so felled, hewed and cut down, with his and their, or any of their horses, carts and carriages, to beare, lead, carry and convey from thence, to any other place or places, at his and their liberty and pleasure at all time and times, during the space of three years, by all convenient wayes thereunto now used and accustomed, without any lawful let, contradiction, &c. And the said C. D. doth covenant, &c. that he the said C. D. his Executors or Assignes, shall and will at every felling which he or they shall make of the said woods, [...]nderwoods and trees, leave standing and growing in, and upon the premisses, so many competent and sufficient standards, staddels and storiers, as by the laws and statutes in that case provided, is, or ought to be left; and also shall & will, at his and their own proper costs and charges, make good al the hedges & fences about the young springs of the said Wood, for the safe keeping thereof from hurt and spoile of beasts and cattel, according to the custome of the Country there. In witnesse, &c.
A sale of Billets and Wood or Timber.
THis Indenture made, &c. between T. C. R. W. and G. M of the one part, &c. and I. B. and R W &c. on the other party witnesseth, that the said, &c. for the considerations here under mentioned, have bargained and sold, and by these presents do fully and clearly bargain and sell unto the said, &c. ten thousand load of good merchantable and lawful Western Billets, at, and after the rate & price of three [Page 267] shillings and six pence the load; and also five hundred loads of good, merchantable, sound and well squared Oken Timber, accompting fifty foot to every load, at, and after the rate and price of ten shillings the load, with such deductions and defalcations out of the same several prises, as is here under expressed, and the same billets and timber to be delivered, at such places and times, and in such manner and forme as hereunder is mentioned; and the said, &c. to and with, &c. That they the said T. W. and G. or some of them, their, &c. shall and will well and truly deliver or cause to be delivered to the said, &c. all and every the said ten thousand loads of Billets, and five hundred loads of Timber of the kind and goodness aforesaid, to the proper use of them the said, &c. free and discharged of all manner of charges incumbrances whatsoever, and allowances (water carriage only excepted) at, and upon some wharfe or wharfes in Henly upon Thames, and Shiplack in the County of O. and at, and upon some wharfe or wharfes in S. and R. and the wharfe nearest Rent wood in the County of Barks, in manner and form following, that is to say, three hundred loads of the same Billets, and one hundred loads of the same Timber, at, or before, &c. and between that & the day of, &c. three thousand more of the same Billits, & two hundred loads of the same wood or timber, at or before, &c. and between the same day of, &c. & the day, &c. foure thousand loads more of the same Billets, and two hundred loads more of the same Timber residue, and in full delivery and satisfaction of the said ten thousand loads of Billets, & five hundred loads of Timber, at or on, &c. and also that they the said T. R. and G. their, &c. shall not only deliver or cause to be delivered, all [Page 268] and every the said Billets and Timber at the water side, or some wharfe or wharfes, in some, or any the towns and places above mentioned, for, and to the use of, &c. and in forme aforesaid, cleare of all charges and incumbrances whatsoever, but shall also from time to time, and at all times from henceforth save and keep harmlesse, the said Billets and Timber, and every parcel thereof to the said, &c. from and against the purveying to his Highnesses use, and against all and every the Purveyors and Takers, of, or for his Highnesses woodyard, and of his Heires and Successors, or else shall deliver or cause to be delivered to the use aforesaid, to the said, &c. at the place of delivery aforesaid, or at some of them in recompence, of, and for such of the said Billets and Timber, as shall be so taken so much more in stead thereof, at the rates and prices aforesaid before the, &c. In part of payment, of, and for all which Billets and Timber to be delivered as aforesaid, the said I. B. and R. W. have truly paid to the said T. C. R. W. and G. M. before the ensealing hereof the sum of, &c. of which said summe, &c. the said T. C. R. W. and G. M. acknowledge themselves fully satisfied and paid, and thereof, &c. And as for the other part of the money for the said Billets and Timber, amounting to the summe of, &c. the said, &c. covenanteth and granteth, to and with, &c. well and truly to pay, or cause to be paid to the said, &c. upon the day of, &c. next after reasonable request thereof to be made, and given in writing to the said, &c. or at or within, &c. after the delivery of so much of the said Billets and Timber, as after the rates aforesaid, shall amount to the sum of, 700 l or more, the said 700 l to be paid, at, or within, &c. and it is agreed between the said parties, [Page 269] that whereas the rate of the said Billets & Timber as aforesaid to be delivered, do amount to the summe of, &c. over and above the said summe of, &c. already paid; and the said summe of, &c. in forme aforesaid, covenanted to be paid: It is agreed between the said parties, in respect of the carriage by water of the said Billets and Timber, in forme following, that is to say, for so many thereof as shall not be delivered at H.S. aforesaid, so much money as the carriage by water of the same not delivered at H. S. aforesaid shall amount unto, from any other place appointed by these presents for delivery thereof, unto any one of the said places of H. and S. aforesaid, or either of them, the said, &c. shall have allowance and defalcations out of the said summe of, &c. for every load of Billits as aforesaid, to be delivered at S. 8 d and for every load of Timber, &c. and for every load of Billets to be delivered at R. 4 d and for every load of Timber 16 d and for every load of Billets, to be delivered at the Wharfe nearest Kentishwood 12 d and for every load of Timber 2 s And the said, &c. for them, &c. to and with, &c. to pay and satisfie to the said, &c. upon reasonable request, so much of the said summe of, &c. as shall amount and remaine over and above the allowance and defalcations, in respect of the water-charges aforesaid: and in like manner the said T. C. R. W. and G. M. for them, &c. to and with, &c. that if the said allowance for carriage as aforesaid, shall amount to more than 325 l that then they the said, &c. shall well and truly pay or cause to be paid to the said I. B. and R. their, &c. upon reasonable request so much money as the same allowance shall surmount the said summe of, &c. In witnesse.
A release of a Proviso, or condition for payment of money, reserved upon an Indenture of bargaine and sale.
TO all Christian people to whom this present writing shall come A. B. greeting, &c. know ye that I the said A. B. have the day of the date of this present writing received and had of C. D. &c. at or in, &c. the full summe of, &c. lawfull money, &c. to me due and payable on this present, &c. in the, &c. by force and vertue of one proviso or condition contained in one Indenture of bargain and sale bearing date, &c. made between me the said A. B. of the one party, and the said C. D. of the other party, for touching and concerning certain messuages, lands, tenements and hereditaments, lying in, &c. in the County of, &c. which said summe of, &c. so by me received as aforesaid, is in full discharge, satisfaction and payment of 500 l of, &c. and is for the full and absolute bargain and sale of all that messuage, &c. by me the said A. B. mentioned to be bargained and sold in and by the same Indenture, as by the same Indenture more at large appeareth, of which said summe of 200 l so by me the said A. B. received as aforesaid, I acknowledge my selfe fully satisfied, contented and paid, and thereof and of every part and parcel thereof, do clearly acquit, exonerate and discharge the said C.D. his Executors, & Administrators, and every of them for ever by these presents. Release of all his estate. And further know ye, that I the said A. B. have remised, released and for ever quit claimed, and by these presents do remise, release and for ever quit claime unto the [Page 271] said C. D. being in his full and peaceable possession and seizen being, and to his Heires and Assignes, to the only proper use and behoof of the said C. D. his Heires and Assignes for ever all the estate, right, title, interest, claim, conditi [...] entry, benefit and demand whatsoever, which I the said A. B. have or had, or may, might or ought to have or claime, of, in, or to the said messuage, &c. reciting the land: and of, in, and to all and singular other the Premisses, with all and singular their appurtenances, in, and by the said recited Indenture mentioned to be bargained and sold, and of, in, and to every part and parcel thereof with the appurtenances; so that neither I the said A. B. my Heires or Assignes, nor any of us, nor any other person or persons for us, or in our names, or in the name of any of us, shall or will at any time or times hereafter ask, claime, challenge or demand to have any manner of estate, right, title, interest or demand, of, in, or to the said Premisses, or any part or parcel thereof: but that we and every of us shall be thereof, and of every part and parcel thereof, from henceforth utterly barred and excluded for ever by these presents.
And I the said A. B. and my Heires, all and singular the said Premisses with the appurtenances, against me, Warranty. my Heires and Assignes and every of us unto the said C. D. his Heires and Assignes for ever shall and will warrant, and for ever defend by these presents.
A release, where three have a joynt estate of inheritance.
THis Indenture made, &c. between G. M. T. C. and H. L. of the one party, and Sir G. M. of the other party, witnesseth, that whereas the said G. M. T. C. and H. L. are and stand joyntly seized to them and their heires, of an absolute estate of inheritance in fee-simple of the Mannor and Lordship of E. &c. reciting the land at large: which the said G. M. T. C. and H. L. have by virtue of a conveyance or assurance, by, or from R. V. of, &c. as by the conveyance and assurance thereof, made by the said R. V. unto the said G. M. T. C. and H. L. more at large it doth and may appeare; and whereas the said T. C. and H. L. have by sufficient conveyance and assurance in law, conveyed assured and confirmed all their and either of their estate, right, title and interest, in, and to the same Mannor and Premisses, with the appurtenances unto the said G. M. and his heires for ever, whereby he the said G. M. is thereof now soly & absolutely seized in his demeasn as of fee, & whereas also the conveyance & estate of the Premises, so as aforesaid made unto the said G. M. T. C. and H. L. and their heirs, was to them made by the direction and appointment of the said G. M. and at his only charge and costs every kind of way, as well for the assurance thereof as otherwise, and was meant and intended for the good of the said G. M. and his heires, and to be at his and their only disposition. Now therefore the said T. C. and H. L. as much as in them is or lyeth, have remised, released, quit claimed and confirmed, and by these presents, [Page 273] for, and from them and either of them, their and either of their heires, &c. do remise, release, quit claime and confirme unto the said G. M. now being in his full and peaceable possession of the premisses, and to his heires, all the estate, right, title, interest, possession, joynt tenure claime and demand, which they the said T. C. and H. L. have by any manner of conveyance or assurance, of, in▪ or to the premisses or any part or parcel thereof, and do by these presents further deliver and confirme the premisses with the appurtenances, and all their and either of their said estate, right, title, interest, possession, claime or demand, of, in, and to the same premisses with the appurtenances, and every part and parcel thereof unto the said Sir G. M. his heires and assignes, to have and to hold the said mannor, messuages, lands, tenements, hereditaments, and all and singular the premisses with the appurtenances unto the said Sir G. M. his heires and assignes for ever, to the only use and behoof of the said G. M. his heires and assignes for ever, to hold of the chief Lords of the fee, by the rents and services for the same heretofore due and accustomed, &c. with warranty as in others. Blunden.
A release of an Assignment made upon condition.
TO all Christian people to whom, &c. I. O. greeting, &c. whereas M. C. by his Indenture bearing date, &c. did for the consideration therein mentioned, bargain, sell, assigne and set over to me the said I. O. my Executors, Administrators and Assignes, all his estate, right, title, interest, term of years and demand, of, and in all that capital messuage, &c. and divers other lands and hereditaments [Page 274] in L. in the said County of E. in the said Indenture mentioned; upon condition neverthelesse, that if T. R. &c. his Executors or Assignes, or any of them, did well and truly pay or cause to be paid to me the said I. O. my Executors or Assignes, the summe of 2000 pound of, &c. at or, &c. on the Feast day of, &c. without fraud or coven; that then and at all times from thenceforth the said Indenture of assignment made by the said M. C. and every covenant, grant, article and thing therein contained, should determine and be utterly void, and of none effect, and then also, &c. reciting the covenant verbatim as in the assignment, as in, and by the said Indenture of assignment to me made by the said M. C. amongst divers other covenants, clauses, articles and agreements therein contained more at large it doth and may appear. Now know ye that I the said I. O. have had and received, and by these presents do testifie, acknowledge and declare, to have received and had of the said T. R. at & upon the said Feast day of, &c. in the said proviso or condition in the said recited Indenture of assignment mentioned, the summe of 2000 l &c. according to the tenor and purport of the said proviso or condition in the said recited Indenture contained, of which said summe of 2000 so by me received as is aforesaid, and of every part and parcel thereof, I the said I. O. do acknowledge my selfe fully satisfied and paid, and thereof and of every part and parcel thereof, and of all and all manner of interest, title and demand, in, or to the premisses or any of them, do clearly exonerate, acquit and for ever discharge the said M. C. and T. R. and either of them, their and eitheir of their heires, executors and administrators, Blunden. and every of them by these presents. In witnesse, &c.
A release of a Mannor.
TO all Christian people to whom this present writing shall come, I. R. greeting, &c. Know ye that I the said I. R. for divers good causes and considerations me in this behalf specially moving, have remised, released and quit claimed, and by these presents do for me and my heires remise, release and for ever quit claime unto T. C. and M. his wife, in their full and peaceable possession and sesin being and to the heires and assignes of the said T. C. to the only proper use and behoof of them the said T. C. and M. and of the heires and assignes of the said T. C. for ever, all the estate, right, title, interest, use, possession, reversion, remainder, property, claime and demand whatsoever, which I the said I. R. have or had, or that I, my heires or assignes, or any of us at any time or times hereafter shall have, or may, might, should or ought to have or claim, of, in, and to all that the scite of, &c. recite the land as in the Indenture of bargain and sale: and of, in, and to every part and parcel thereof, and of, in, and to the reversion and reversions whatsoever, of all and singular the premisses herein before mentioned to be remised and released, and of every part and parcel thereof with the appurtenances: and of, in, and to all and singular woods, underwoods and trees growing or being, of, in, or upon the premisses, or any part or parcel thereof: and of, in, and to the ground and soile of the same woods, underwoods and trees: and of, in, and to all and singular the rents and yearly profits whatsoever, reserved upon any demise, lease or grant heretofore made or granted of the [Page 276] premises, or of any part or parcel thereof; to have & to hold the said scite, &c. & the said messuage or tenement called the B. the said tenement called the C. & all and every other the said messuages, lands, tenements, meadows, feedings, pastures, commons, hereditaments, and all and singular other the premisses herein before mentioned, to be remised and released, and every part and parcel thereof with the appurtenances, together with the said estate, right, title, interest, use, possession, reversion, remainder, property, claim and demand whatsoever of me the said I. R. and my heires, of, in, and to the same premisses, and of, in, and to every part and parcel thereof with the appurtenances unto the said T. C. and M. his wife, and to the heires and assignes of the said T. C. to the only proper use and behoof of them the said T. C. and M. and of the heires and assignes of the said T. C. for ever: So that neither I the said I. R. nor my heires nor any of us, nor any other person or persons for us, or any of us, or in the name or names of us or any of us, shall or will at any time or times hereafter, ask, claime, challenge or demand to have any manner of estate, right, title, interest or demand, of, in, or to the said scite, &c. lands, tenements, meadows, feedings, pastures, hereditaments and other the premisses, or any part or parcel thereof with the appurtenances; but that we and every of us shall be thereof, and of, and from every part and parcel thereof from henceforth utterly barred and excluded for ever by these presents, with warranty against I. R. and his heires.
A release of a rent reserved in a paire of articles of agreement.
TO all Christian people to whom, &c. W. F. greeting, &c. whereas I. H. of, &c. being possessed and interessed for divers years yet to come of, and in divers messuages, lands, tenements and hereditaments, mentioned and contained in one paire of Indentures dated, &c. had and made between him the said I. H. of the one party, and H. A. of the other party, did by Indenture bearing date, &c. assigne and set over unto the said H. A. the said original lease, and all and singular the lands, tenements and hereditaments therein contained, all which the said H. A. hath sithence by his several grants or assignments, granted, assigned and set over unto G. R. of, &c. to have to him, his executors and assignes, for, and during all his estate, title, term, interest and number of years which he had, of, in, or to the premisses, as by his several grants or assignments most at large appeareth, to this intent, meaning and purpose; neverthelesse, and upon trust and confidence that the same should be to the use, benefit and behoof of D. N. W. F. and R. M. equally amongst them. And whereas by a certain paire of Articles of agreement indented, bearing date the, &c. made between the aforesaid W. F. on the one party, and the said D. N. of the other party, it was agreed between them the said D. N. and W. F. and the said W. F. did for him, his executors, administrators and assignes, covenant, grant and agree, to, and with the said D. N. his executors and assignes, that he the said D. N. his executors or assignes, should or might, at all time and times from [Page 278] thenceforth during the said term, have and enjoy to his only use and behoof, all the estate, title, term, interest, number of years, use and commoditie whatsoever, which he the said W. F. his executors, administrators or assignes, had, should or might have, of, in, or to one full third part, in three parts to be divided of all and singular the premisses, and all the estate, title, term, interest, use, benefit number of years and commoditie, which he the said W. F. hath, of, in, or to the premisses or any part thereof: in consideration whereof the said D. N. his executors, administrators or assignes, should yearly pay or cause to be paid unto the said W. F. his executors, administrators or assigns 200 l during the said term: the same to be paid, &c. as in the articles of agreement: as by the same articles of agreement may appear. Now know ye, that the said W. F. for and in consideration of the summe of 2000 l &c. to him in hand, at and before the ensealing and delivery of these presents by the said D. N. well and truly paid, doth by these presents for him, his heires, executors and administrators, freely, clearly and absolutely acquit, discharge, grant, remise, release and for ever quit claime unto the said D. N. his heires, executors, and administrators, the said yearly rent or summe of 200 of, &c. so as aforesaid mentioned, reserved or covenanted to be paid in and by the said articles of agreement as aforesaid, and all and every the covenants, conditions and agreements touching the same rent, and also all and all manner of actions, suits, cause and causes of actions and suits, trespasses, reckonings, rents, arrerages of rents, accompts, executions, summe and summes of money and demands whatsoever, which at any time heretofore ever he the said W. F. [...]a [...]h or had, or that [Page 279] he, his heires, executors or administrators or any of them at any time or tithes hereafter can or may have, claime or challenge to have, to, for, or against the said D. N. his heires, executors or administrators or any of them, for, or by reason of the said yearly rent of 200 l or any of the articles or agreements concerning the same or any of them, or any other the covenants in the said several writings contained, or either of them: And further know ye, that the said W. F. doth by these presents remise and release unto the said D. N. his executors and administrators all and all manner of other actions, suits and demands whatsoever, which at any time heretofore he hath had, or at any time hereafter shall or may have, to, or against the said D. N. his executors or administrators, for, or by reason of any other matter, cause or thing whatsoever, from the beginning of the world untill the, &c. day of, &c. In witnesse, &c.
A release of a condition in an Indenture of bargaine and sale, with the proviso recited.
TO all Christian people to whom, &c. T. C. and R. W. &c. greeting, &c. whereas the said T. C. and R. W. by their Indenture of bargain and sale bearing date, &c. as well for, and in consideration of the sum of 1000 l &c. then in hand paid to E. E. by M. B. as for twenty shillings of, &c. paid unto the said T. C. and R. W. and for divers other good causes and considerations them thereunto especially moving, did bargain, sell, enfeoffe, and confirme unto the said M. B. his heires and assignes for ever, all that their parke of N. &c. verbatim, as in the [Page 280] Indenture of bargain and sale, as by the same recited Indenture, amongst divers other grants, covenants, provisoes, clauses and agreements therein contained, more plainly & at large it doth and may appear: in, and by which said Indenture before recited, there is a condition or proviso contained in these words or to this effect following, that is to say; provided alwayes, that if the said M. B. &c. reciting the proviso or covenant truly. Now know ye, that we the said T. C. and R. W. for divers good and reasonable causes and considerations, us in this behalf specially moving; have remised, released and quit claimed, and by these presents do for us and our heirs, remise, release, and for ever quit claime unto the said M. B. being in his full and peaceable possession and seisin of the premisses, and to his heires and assignes, to the only proper use and behoof of him the said M. B. his heires and assignes for ever, the said proviso and condition, and all and every article, matter and clause concerning the same; and all the estate, right, title, interest, claime, condition, entry, benefit and demand, and every of them whatsoever, which we the said T. C. and R. W. or either of us, have or hath, or may or ought to have or claime, of, in, or to the said Parke called N. lodges, lands, tenements, meadows, feedings, pastures, woods, underwoods, waters, fishes, fishings, waste grounds, hereditaments, and all and singular other liberties, profits and commodities whatsoever mentioned, or expressed or intended to be granted, bargained or sold, in, or by the said recited Indenture dated, &c. and of, in, and to every part and parcel thereof with the appurtenances, so that neither we, &c. as in other before with warranty as aforesaid.
A release of an annuity.
TO all Christian people to whom, &c. A. B. greeting, &c. whereas the said A. B. by his deed, &c. reciting the grant of annuity. Now the said A. B. in consideration, &c. hath granted, remised, released and quit claimed, and by these presents doth grant, remise, release and for ever quit claime unto the said R. O. being the true and lawful owner of the said Mannor of R. and in possession of the same at the sealing and delivery hereof, the said annuity or yearly rent of thirteen pounds, &c. and all the arrerages thereof if any be, and all the estate, right, title, interest, benefit, claime and demand whatsoever of him the said A. B. in and to the said annuity or yearly rent of 13 l or any arrerages, distresse or distresses, entry or forfeiture had or taken, or which may or can be had, taken or claimed, for, concerning, or by reason of the said annuity or yearly rent, or arrerages thereof, if any be. In witnesse, &c.
A release of the condition and other covenants in an Indenture of mortgage, with a confirmation from the morgager to the morgagee.
THis Indenture made the, &c. between Sir H. H. &c. of the one party, and R. H. and G. L. of the other party. Whereas the said Sir H. H. by one Indenture bearing date, &c. as well for, and in consideration of the summe of 400 l then already paid unto the said H. H. before the ensealing and [Page 282] delivery of the said Indenture, as also for, and in consideration of the summe of 1000 l &c. to be paid unto the said H. his executors or assignes, at such day, time and place, and in such manner and forme as in the said recited Indenture dated, &c. were set down and expressed, hath given, granted, bargained, sold, confirmed and delivered unto the said R. L. and G. L. their heires and assignes for ever, all that the Mannor or Lordship of E. in the County of L. &c. as in the Indenture: And sithence the said Sir H. H. and R. his wife, have levyed a fine of the said Mannor or Lordship, Messuages, Lands, Tenements, and of other the premisses or of the greatest part thereof, unto the said R. L. and G. L. and to the heires of one of them: and sithence a recovery in and by a writ of entry sur disseisin en le post hath been had of the premisses or of the most part thereof against the said R. L. and G. L. who vouched therein to warranty the said H. H. who thereupon entred into the warranty and vouched over to warranty the common vouchee, in, and by all things according to the usual order and forme of common recoveries with double voucher for assurance of lands and tenements, which recovery hath been executed by writ of habere facias seisin▪ accordingly which said fine and recovery, and all other fines and recoveries whatsoever sithence the date of the said Indenture, had, levied or suffered, by, or between any of the said parties to the same Indenture or any of them of the premisses, or of any part or parcel thereof, were had, levied, and suffered to the only use of the said R. L. and G. L. and their heires, upon the condition contained in the same Indenture, and according to the intent and true meaning of the same Indenture, dated the said first day of, &c. and to no other use, intent or purpose. [Page 283] In which said Indenture dated the said first of, &c. there is a proviso or condition contained in these words, or to this effect following, that is to say, Provided alwayes, &c. reciting the proviso. And in which said recited Indenture dated the said first day of, &c. there is a covenant contained in these words, or to this effect following, that is to say, and the said R. L. and G. L. do covenant and grant, &c. reciting the covenant, that the morgager may have and receive the issues of the lands morgaged till the day of payment, &c. And in which said recited Indenture dated the said first day of, &c. there is also contained a covenant in these words or to this effect following, viz. in consideration whereof the said R. L. and G. L. for themselves, their heires, executors and assignes, and every of them, do covenant and grant, to and with, &c. by these presents: That if neither the said H. H. his heires or assignes, nor any of them do pay the said summe of 4000 l &c. to the said R. L. and G. L. their heires, executors, administrators and assignes, nor to any of them according to the intent and true meaning of the said proviso or condition before herein mentioned; that then they the said R. L. and G. L. their executors, administrators or assignes, or some of them shall and will well and truly pay or cause to be paid unto the said H. H. his executors, administrators or assignes, or some of them at the said, &c. the summe of 1000 l &c. at or upon the second day of, &c. as the residue, and in full satisfaction of the cleare and absolute purchase of the said Mannor or Lordship, Lands, Tenements and other the Premisses, without fraud, covin or further delay as in and by the said recited [...]ndenture, dated the said first day of, &c. amongst divers other covenants, grants, articles and agreements therein contained, [Page 284] more plainly at large doth and may appear. Now this Indenture witnesseth, that the said H. H. for divers good and sufficient causes and considerations him the said H. H. especially moving, hath remised, released and quit claimed, and by these presents doth for him and his heires, remise, release and for ever quit claime unto the said R. L. and G. L. in their full and peaceable possession and seisin being of the premisses, and to their heires and assignes, to the only proper use and behoof of them the said R. L. and G. L. their heires and assignes for ever, the said proviso and condition, and all and every article, matter and clause concerning the same, and all and every the said covenants before herein recited, and every article, sentence and clause concerning the same and every or any of them, and all the estate, right, title, interest, claim, condition, entry, benefit and demand whatsoever, which he the said H. H. hath, or may, might, should, or ought to have or claime, of, in, or to the said Mannor or Lordship of E. mannors, messuages, lands, tenements, rents, reversions, services, &c. and all other profits, liberties, commodities, hereditaments, and other the premisses, with their and every of their rights, members and appurtenances whatsoever, mentioned, or expressed or intended to be given, granted, bargained and sold, in, or by the said recited Indenture dated the said first day of, &c. and of, in, and to every part and parcel thereof with the appurtenances, and all manner of conditions, covenants, articles for conditions broken and demands whatsoever, of touching or in any wise concerning the said Mannor or Lordship, Lands, Tenements and other the Premisses, or any part or parcel thereof; so that neither he the said, H. H. nor his heires or any of them, nor any other person [Page 285] or persons, for him, them, or any of them, or in his or any of their name or names, or in the name or names of them or of any of them, shall or will at any time or times hereafter ask, claime, challenge or demand, to have any manner of estate, right, title, interest or demand, of, in, or to the said Mannor or Lordship and other the Premisses, or any part or parcel thereof, other than such estates, terms and interests, as are in the former recited Indenture excepted. But that he, they, and every of them (except before excepted) shall be thereof, and of, and from every part and parcel thereof, from henceforth utterly barred and excluded for ever by these presents: And further the said H. H. doth for him and his heires confirme the estate of the said R. L. and G. L. of, and in the said Mannor or Lordship, Messuages, Lands, Tenements and other the Premisses, To have and to hold all the said Mannor or Lordship, Lands, Tenements and other the Premisses, to the said R. L. and G. L. their heires and assignes for ever, absolutely, without any manner of condition whatsoever, to the only proper use and behoof of them the said R. L. and G. L. their heires and assignes for ever. And the said H. H. and his heires, the said Mannor or Lordship, Lands, Tenements, Hereditaments, and all and singular other the premisses with their and every of their appurtenances, unto the said R. L. and G. L. their heires and assignes, to the only pro [...]er use and behoof of them the said R. and L. their heires and assignes for ever, against all men, shall and will warrant and for ever defend by these presents: And the said H. H. doth also by these presents, remise, release and quit claime unto the said R. L. and G. L. their heires and assignes all manner of errors, Foster. writs of error [Page 286] and personal demands whatsoever. In witnesse whereof, &c.
An Indenture of allotment of several parts of lands.
THis Indenture sextipartite made, &c. Between W. C. on the one part, E. D. and D. his wife on the second part, P. H. and F. his wife on the third part, R. P. and M. his wife on the fourth part, W. C. and P. his wife on the fifth part, and T. L. and E. his wife on the sixth part: Witnesseth, That whereas divers and sundry Mannors, Lands, Tenements, Rents, Reversions, Services and Hereditaments with their appurtenances, late the inheritance of the late Lady I. B. deceased, sometimes wife of the Right Honourable Sir E. B. Knight, likewise decased; set lying and being in divers and sundry Countries, Shires and places within the territories of England, by, and after the death of the said Lady I. B. did lawfully descend and come, and of right ought to descend and come unto the said W. C. E. D. and D. his wife, P. H. and F. his wife, R. P. and M. his wife, W. C. and E. his wife, T. L. and F. his wife; that is to say, to the said W. C. as Cosen, and one of the co-heires of the said Lady I. B. that is to say, sonne of the Lady A. C. deceased, daughter of the said Lady I. B. by G. C. Knight, Lord C. late husband of the said Lady A. now likewise deceased, lawfully begotten, to the said D. C. and D. his wife, in the right of the said D. one other of the daughters and co-heires of the said Lady I. B. To the said P. H. and F. his wife, in the right of the said F. one other of the daughters and co-heires of the said Lady I. B. To the said R. P. and M. his wife, &c. one other of the daughters, [Page 287] and co-heires of the said Lady I. B. To the said W. C. and E. his wife, as in the right of the said E. one other of the daughters and co-heires of the said Lady I. B. And to the said T. L. and F. his wife, as in the right of the said F. one other of the daughters and co-heires of the said Lady I. B. by reason whereof the said W. C. E. C. &c. into the said mannors, messuages, lands, tenements and hereditaments with their appurtenances entred, and were thereof seized in Coparcionari: That is to say, the said W. C. in his own right, and the said E. C. R. P. &c. and their said wives in the right of their said wives, and they being thereof so seized Of their wills, and mutual assents and agreements the seventh day of, &c. last past before the date hereof, did make partition thereof in manner and forme following, that is to say, they did grant, and indifferently divide and sever all the mannors, messuages, lands, tenements and hereditaments, with their appurtenances to them descended and come as is aforesaid, and which be hereafter expressed into six several parts or shares, and agreed that every of the said six several parts should be severally written and mentioned in a scroule of paper by it selfe, and that afterwards every of the said six several scroules of paper, should be by an indifferent man thereunto appointed by their mutual assents, severally inclosed and covered, in, and with wax, made like little balls of like bignesse and weight, so as no man may see any of the scrouls, and that then the said little balls of wax should be put in a bonnet, to be kept in the hands of an indifferent man thereunto appointed by their mutual assents, and that the said W. C. being heire unto the eldest daughter of the said Lady I. B. or his deputy thereunto sufficiently authorized, should first put in his hand into the said bonnet, [Page 288] and should first take and chuse out of the same bonnet one of the said balls, and that he should have and hold to him and to his heires for ever, for his part, portion and purpart of the premisses, only those of the said mannors, lands, tenements and hereditaments, that should be mentioned and written in the scruole inclosed and covered in and with the ball of wax, that he or his said deputy for him shall take and chuse: and that the said W. C. having married the said E. being the second daughter of the said Lady I. B. or his deputy thereto sufficiently authorized, should for him the said W. and the said E. his wife, being the second daughter of the said Lady B. secondly put in his hand, &c. and should secondly take and chuse, &c. one other of the said balls; And that the said W. C. and E. his wife, should have, hold and enjoy to them and to the heires of the same E. for ever, as in the right of the said E. of the premisses only those, &c. and that the said P. H. &c. as Mr. C. mutat, mutand. and so the other, all which was done accordingly, And the said W. C. putting in his hand first into the said bonnet, and taking and chusing out of the said bonnet one of the said six balls, wherein was one of the said six scroules, in which was written and mentioned the mannor of W. with the appurtenances, late the said Lady I. B. and all the lands, tenements, meadows, feedings, pastures, rents, reversions, services and hereditaments with their appurtenances, which were of the said Lady B. in W. M. and W. H. in the County of, &c. the mannor of T. &c. And the said W. C. putting in his hand second into the said, &c. the said P. H. &c. the said R. P. &c. the said E. C. by his deputy, &c. the said T. L. &c. Know ye that the said parties and every of them do and doth by these presents, for him, her, [Page 289] and them, and his and their heires assent to the said partition of the premisses, so between them hereof made and had as aforesaid; And that every of them doth and do for him, her and them, and his and their heires accept and take the part, portion and purpart to him, her and them, happened and allotted as is aforesaid, in full recompence of his, her and their part, portion and purpart of all the mannors, lands, tenements and hereditaments to him, her and them, and any of them descended or come from the said Lady B. And that every of the said parties doth and do for him, her and them, and his and their heires, ratifie and confirme the said partition, and also that every of the said parties doth and do for him, her and them, and for his, her and their heires ratifie and confirme to the other of them and their heires, the mannors, lands, tenements and hereditaments, to the other of them allotted and happened, by vertue of the partition as is aforesaid, as also all the estates and interests which the other of them hath therein; and to the intent that no dissention or variance should hereafter happen or arise betwixt the said parties to these presents, their heires or assignes or any of them, for touching or concerning the said mannors, lands, tenements and hereditaments with their appurtenances, or any part or parcel thereof: it is covenanted, granted, condiscended, concluded and fully agreed between the said parties to these presents, their heires and assignes in manner and forme following, That is to say, first, the said W. C. covenanteth and granteth for him, his heires, executors and administrators by these presents, to, and with the said C. D. and D. his wife and the heires and assignes of the said D. and to and with the said P. H. and F. his wife, and the heires [Page 290] and Assignes of the said F. and to, and with the said R. P. &c. and the Heires and Assignes of the said, &c. and to, and with the said W. C. and the said, &c. and to and with the said T. L. and the said, &c. severally for their parts, portions and purparts of the Premisses; that he the said W. C. his Heires and Assignes, and every of them at all times hereafter, and from time to time whensoever he the said W. C. his Heires or Assignes or any of them, shall be thereunto reasonably required by the said E. D. or D. his wife or either of them, or the Heires or Assignes of the said D. for the said part, portion and purpart of the said D. of, and in the Premisses, and by the said P. H. &c. and by the said R. P. &c. and by the said W. C. &c. and by the said T. L. &c. To make, do, acknowledge, and suffer or cause to be made, done, acknowledged & suffered all and every act & acts, thing and things, for the further and more better assurance and sure making in the Law unto the said E. D. and D. his wife, and to the Heires and Assignes of the said D. the said part, portion and purpart of the Premisses allotted and fallen unto the said E. C and D. his wife as is aforesaid; and unto the said P.H. &c. and unto the said R. P. &c. and unto the said W. C. &c. and unto the said T. L. As by the said E. C. and D. his wife, and the Heires and Assignes of the said D. or by their or any of their Councel learned in the Law, and at their or any of their costs and charges in the Law, for their said part, portion and purpart of the Premisses, and by the said P.H. and by the said R.P. &c. and by the said W.C. &c. and by the said T.L. &c. shall be reasonably advised, devised & required; be it by Fine, Feoffment, Recovery, with Voucher or Vouchers, Deed or Deeds inrolled, the inrolment of these presents, [Page 291] release, confirmation, and by all these wayes and means, or by any of them, or otherwise with warranty or warranties against the said W. C. his Heires and Assignes only or without warranty, at the election and pleasure of such as shall require the same, as is aforesaid. And that the said W. C. his Heires and Assignes, shall at all times hereafter from time to time exonerate, acquit, discharge, or otherwise save harmlesse as well the said E. C. and D. his wife, and the Heires and Assignes of the said D. The said P. H. &c. the said R. P. &c. the said W. C. &c. and the said T. L. &c. as also their said parts, portions and purparts of the Premisses, of, and from all and all manner of former bargains, sales, joyntures, dowers, uses, wills, statutes Merchant, and of the staple, recognizances, judgements, executions, issues, fines, amerciaments, intrusions, alienations, without licence, rents charges, rents seck, arrerages of rents, and of, and from all other charges, incumbrances and demands whatsoever they be, had, made or done by the said W C the like several Covenants for all the rest, one after another, Mutat. mutand. And the said W. C. and E. his wife, P. H. and D. his wife, T. L. and F. his wife, covenant and grant for them, their Heires, Executors, Administrators and Assignes by these presents, to, and with the said W. L. C. his Heires and Assignes: That if the said Mannor of W. M. shall happen at any time hereafter to be charged, chargeable or extendable, by reason of any Statute, recognizance, or otherwise for any summe or summes of money before the said seventh day of, &c. last past, due or payable by any act done, or acknowledged by any other than the said W. L. C. That then the said E. L. C. and D. his wife, &c. P. H. &c. R.P. and, &c. W. [Page 292] C. and, &c. T.L. and, &c. their Heirs, Executors and Administrators, shall equally at their indifferent charges beare and pay five parts in six parts to be divided of such summe and summes of money, for which the said Mannor of W. M. shall be so charged, chargeable or extendable. In witnesse, &c.
An Indenture to avoid the title of Survivorship: where lands are granted to two by lease.
THis Indenture made, &c. Between, &c. Whereas the said A. B. and C. D. in and by one Indenture of Lease made, &c. do stand and are joyntly interessed and possessed, of, and in all that the Mannor, Lands, &c. for and during, &c. as by the said Indenture at large appeareth. And forasmuch as both the said parties are willing and desirous, that the survivor or overliver of them, shall not at any time hereafter take any commodity or advantage of the Premisses or any parcel of them by way of survivor or overliver, according to the course and order of the Common Lawes of this Nation, by reason of the joynt title, estate and interest, which they have in, and to the Premisses, by vertue of the Indenture of lease aforesaid; Therefore it is fully covenanted, concluded, condiscended and agreed upon, between the said parties in manner and forme following, viz. first, the said A. B. doth, &c. to and with, &c. that if it do fortune or happen the said A. B. to survive and overlive the said C. D. for avoiding the said title of survivor in and to the Premisses: That he the said A. his Executors, [Page 293] Administrators & Assigns, shall & will peaceably and quietly permit and suffer the Executors, Administrators and Assignes of the said C. D. being then deceased, to have, occupy and enjoy to their own proper use and uses, and to the proper use of any of them in common or in severalty immediately after the death of the said C. at his or their will and pleasure, all that the moity, part and purpart of the said C. in and to the Premisses and every of them into two equal parts to be divided, during the residue and remainder of years of the term of years above mentioned, which then at the death of the said C. shall be to come and unexpired without let or disturbance of the said A. his Executors or Assignes; the title of Survivor, of, and in the Premisses in any wise notwithstanding: and also the said C. D. doth covenant, &c. to, and with A. B. &c. for avoiding of the said title of Survivor in the Premisses; that if it do fortune or happen the said C. to survive and overlive the said A. B. that he the said C. D. ut sup a mutat. mutand. And the said A. B. doth covenant, &c. to and with, &c. in manner and form following, viz. That he the said A. his Executors, Administrators or Assignes, or one of them shall pay the moity and one halfe of the said yearly rent of, &c. unto the said T. B. his Heirs and Assigns in the Indenture of Lease fore-mentioned, and also shall beare and discharge halfe of all the covenants, reparations and charges therein contained, which on the part of the said A. B. and C. D. are to be observed and done in the said Indenture of Lease comprised. And further that the said A. B. his Executors or Assignes, shall well, truly and safely keep the said Indenture of lease unsurrendered, uncancelled, undefaced and whole to the defence, [Page 294] saving and preservation as well of the interest, title and terme of the said C B as also of the title, interest and term of the said C D in, and to the Premisses, during the term aforesaid, the like covenant for C D mutat. imitand.
An Indenture where two have a joynt estate upon Covenant, that either of them may have an equal part in the land or money lent, taking no benefit by survivorship.
THis Indenture made, &c. Between A B on the one part, and C D on the other part, witnesseth, that whereas E F by a certaine Indenture dated, &c. for the consideration therein expressed, did fully and clearly bargain, sell, give and grant unto the said A B and C D their Heires and Assignes for ever, All that Mannor, &c. as it is recited in the sale unto the habendum (then say with divers other covenants, grants and articles therein contained, amongst which there is a certain proviso contained, and by the same proviso it is provided and agreed, that if the said E F (recite the proviso) as by the same Indenture it doth and may appear; And for as much as by the order of the Common Laws of this Nation, if either of the said A B or C D should fortune to decease before payment of the said summe, or if default be made in payment of the said summe of, &c. Then as well the said summe of, &c. should wholly remain to the Survivor, &c. and for default of payment thereof, the Survivor and his Heires should wholly possesse the said Mannor, &c. according to the tenure of the said Indenture, to the only use of [Page 295] the said Survivor and his Heires, contrary to the true meaning of the said parties; for avoiding of which inconvenience, and to the intent, that either of the said parties, his Heires, Executors and Administrators shall be duly answered of the Premisses accordingly, it is therefore covenanted and agreed between the said parties to these presents, and the said A B doth covenant and grant for him, his Heires, Executors and Administrators by these presents, to, and with the said C D his Heires, Executors and Administrators in forme following, that is to say, that if the said E F his Executors, Administrators or Assignes do pay, or cause to be paid to the said A B or his Heires the said summe of 200 l at the day and place limited for payment thereof in the said Indenture: That then the said A B his Executors or Assignes, shall not only pay or cause to be paid to the said C D his Heires, Executors or Assignes within one moneth next after the day of payment of the said summe, the summe of one hundred pound, being the moity of the said two hundred pound, but also shall deliver or cause to be delivered unto the said E F his Heires or Assignes all such evidences, as he or his Assignes shall have received by force of the said former Indenture, and thereof shall acquit and discharge the said C D his Heires, Executors or Assignes. And further that the same A B his Executors or Assignes, shall not at any time hereafter do, knowledge, cause, procure or suffer to be done any act or acts, deed or thing whatsoever, which shall or may in any wise debarre, avoide, delay or hinder the tenour, strength, forme or effect of the same Indenture, or any covenant, grant or article contained in the said Indenture, or of any assurance, estate or conveyance to be made of the Premisses [Page 296] or any parcel thereof to the said A B and C D or either of them, their Heires or Assignes, or of any bond made or to be made for the performance of any of them, without the consent and agreement of the said C his Heires or Assignes, first obtained in writing for the same. And further, the said A B covenanteth and granteth, &c. that if default be made in payment of the said summe of two hundred pound by the said E F his Executors and Assigns, in part or in all contrary to the forme aforesaid: That then the same A B and C D and their heires shall stand and be seized of, and in the moity and one half of the premisses to the use of the said C D and of his Heires and Assignes for ever; and that he the same A B and his Heires, and all other claiming by him at all times after, shall do and suffer to be done all such act and acts, thing and things in the Law as shall be advised, devised and required by the said C D his Heires or Assignes, or the learned councel, &c. for the better assurance of the same, &c. to the said C D &c. with warranty against A B and his Heires, discharged of incumbrances done by him or any claiming by him, &c. And the said C D doth covenant and grant, ut supra mutat. mutand. & tunc. In witnesse, &c.
An Indenture of Partition.
THis Indenture made, &c. Between, &c. Witnesseth, that whereas the said R P and T B hold joyntly for term of certain years yet enduring the Parsonage of F in the County of Y and all houses, stables, &c. Take the words of the Lease, thereto in any wise belonging or appertaining of the demise and grant of one W C &c. yeilding therefore yearly [Page 297] unto R W &c. or his Assignes fifty five pound of, &c. at two termes of the yeare equally during the said tenure, as by the Indenture thereof bearing date, &c. more plainly may appeare. Now the said parties by the advice of honest friends, and with their full and whole consent and agreement, have made division and partition between them of the said Parsonage tithes, and other the Premisses in manner and forme following, viz. that the said R. P. shall have the one equal moity or halfe part of all the said Parsonage house, glebe lands, tithes and other the Premisses in full recompence of his due part and portion of, and in the same. And that the said T. B. shall likewise have the other moity or halfe part of the said Parsonage, and of all and singular the Premisses in full recompence of his due part and portion of and in the same, To have and to hold, to either of the said parties, their Executors and Assignes severally, as is above said from the day of the date hereof, unto the end of the said terme of years yet to come. And also it is agreed, covenanted and granted between the said parties; that the said yearly rent of fifty five pound, to be due to the said R. W. or his Assignes, and other charges shall be equally paid and borne between the said R. P. and T. B. their Executors or Assignes, tenants of the said Parsonage, and other the Premisses from time to time during the said terme, viz. either of them their part and portion allotted as is aforesaid: And for the true meaning, performance, and keeping of all and singular the said partitions, covenants, conditions, payments, agreements and articles, either party bindeth himselfe, his Heires, Executors and Administrators, to the other by these presents, in the sum of 20 l of, &c. In witnesse, &c.
An Indenture where three have purchased land joyntly, that upon sale thereof all summes of money shall be equally divided between them.
THis Indenture made, &c. Between T. B. of the first part, and A. K. of London on the second part, and E. D. of London Gent. on the third part, whereas the said parties before the date hereof, joyntly together at their equal costs and charges have paid, disbursed and laid out divers summes of money for the full, cleare and absolute purchase of, &c. Recite the land, the estate whereof remaineth in the said E. and one M. D. Gent. at the day of the date hereof, to be assured to such person or persons as the said, &c. shall name or appoint. Now this Indenture witnesseth, that it is fully covenanted, granted, condiscended and agreed between the said, &c. and every of them covenanteth and granteth for himselfe, his Heires, Executors and Administrators, to, and with the other his Heires, Executors, and Assignes; That the whole benefit, commodity and profit, and the summe and summes of money, which at any time hereafter shall be had or received, arising, coming, growing and renewing, of, for or concerning the said lands before expressed and specified, and every part and parcel thereof by the said, &c. or any of them, or any of their Heires, Executors, Administrators and Assignes, or any of them, or any other person or persons, by their or any of their meanes or procurement, shall be equally and indifferently distributed between every of them the said, &c. in such sort; as every of them, their and every of their [Page 299] Heires, Executors, Administrators and Assignes shall have their equal part and portion without any manner of fraud or covin; And also it is further agreed between the same parties, that in case any of them happen to decease at any time hereafter, that then the benefit and profit of the Premisses, shall be to the use of the Heires, Executors and Assignes of him or them so deceased, in such and the like manner, as if he or they had been alive, and that no advantage or benefit shall be received or taken by any of the parties, for or by reason of any survivorship; And moreover it is fully agreed between the said, &c. that they nor any of them, shall at any time hereafter bargain, sell, grant, convey, assure or alien, nor suffer to be conveyed or aliened, by, or from them or any of them the said Messuages, Lands, Tenements, Hereditaments, & premisses or any part or parcel thereof, or his or their estate, right, title or interest, of, in, or to the same or any of them, to any person or persons whatsoever, unlesse it be, by, and with the consent, privity, knowledge or agreement, of such of the said other parties to these presents, as then shall be living, under his or their hands and seals in writing first had and obtained. In witnesse, &c.
An Indenture, where a lease is granted to three joynt lessees, that every of them is to pay his part of the rent, and equal parts in the charges of repairing and other charges.
THis Indenture tripartite made, &c. Witnesseth, that whereas the said parties are and stand possessed, of, and in the Messuage, Tenement or Inne called the Ship, set, lying and beng in the [Page 300] Parish of, &c. and of one field, &c. and of, in, and all and singular houses, buildings, barnes, stables, shops, sellers, sollers, wast-grounds, entries, issues, wayes and all other commodities, rents and profits to the same belonging or appertaining, that is to say, every of them a full third part of all and singular the Premises into three equal and even parts to be divided, for, and during the several termes hereafter mentioned, that is to say, for, and during the terme of fourteen years mentioned and granted, in, and by a certain Indenture of lease bearing date, &c. made by one M. N. &c. to the said A. B. of, and touching the Premisses, which terme did commence at the Feast of, &c. then last past before the date of the same Indenture: And for, and during the terme of thirty years mentioned and granted, in, and by the letters pattents of our, &c. under the great seal of England bearing date, &c. granted by our said, &c. unto, &c. of and in the Premisses; as by the said Indenture of lease and letters pattent aforesaid more at large appeareth. It is now covenanted, granted, concluded and agreed, by and between the said parties to these presents and every of them; and every of them doth severally covenant and grant, to and with the other of them severally by these presents, that they and every of them, and the Executors, Administrators and Assignes of every of them, for his, her and their and every of their parts, shall not only well and truly content and pay, or cause to be contented or paid, the full third part and portion of all and singular such yearly rents as are reserved, in, and by the said Indenture of lease and letters pattents aforesaid, and either of them at the dayes, times and place limited and appointed for the payment thereof, and that from time to time, for, [Page 301] and during the said several estates and termes of years before mentioned; but also shall at all times hereafter, and from time to time, for, and during the termes aforesaid, pay, beare, allow and disburse the full third part and portion of all such summe and summes of money, and other charges whatsoever as shall grow due or payable, or be convenient or necessary to be borne or paid for the reparations of the Premisses, or for the recovery or defence of the title thereof, or of any parcel thereof: and shall also condiscend and agree to all and every such account, suit, and other act and acts, which shall be necessary or convenient to be attempted, prosecuted or done for touching and concerning the Premisses, or any parcel thereof tending to the profit or benefit of the said parties, and shall not do, procure, or cause to be done, any act or acts, thing or things, whereby or by reason whereof the estate, interest or title of the said parties, or any of them, shall, or in any wise may be impaired, hindred determined or avoided, except it be by, and with the assent, consent and agreement of the other of them in that behalfe first had and obtained. And further the said A. B. doth covenant, &c. that the said C. D. his executors and assignes, and every of them shall have, occupy, use and enjoy all such easements, wayes, liberties and passages, and shall quietly have free egresse, ingresse and regresse into and from the said Inne, tenement, field and other the Premisses, for the using and occupying of a full third part of the Premisses, without let or disturbance of the said A. B. his executors, administrators and assignes, in such manner and forme as the said M. N. hath heretofore had, occupied, used and enjoyed the same Premisses: The like covenant to E. F. and [Page 302] the like from C. D. to A. B. and E. F. and the like from E. F. to A. B. and C. D. mutat. mutand. & tunc. In witnesse, &c.
The grant of a Keepership of a Parke.
TO all Christian people to whom this present writing shall come, I A. B. &c. send greeting, &c. Know ye, I the said A. B. for, and in consideration of the good and faithful service by my servant E. R. to me heretofore done and hereafter to be done, have given and granted, and by these presents doe give and grant unto the said E. R. the office of Keeper of my Parke at Y. called B. Parke in the County of C. and also his habitation and dwelling in the lodge belonging to the same Parke, with the going and pasturing of one gelding, and six kine yearly within the same Parke: and further know ye that I the said A. B. have given and granted, and by these presents do give and grant to the said E. R. allowance of meat and drink for himselfe within my house at Y. aforesaid, dayly and yearly at all times, and by so long space as any hospitality or houshold shall be kept there; To have and to hold, occupy, exercise and enjoy the said office of keeper, and other the Premisses unto the said E. R. for terme, and during the life natural of the same E. R. together with all manner of fees, rewards, vailes and advantages, to the same office belonging, incident or appertaining: And furthermore, know ye that I the said A. B. have given and granted, and by these presents do give and grant unto the said E. R. for the exercising of the said office of keeper, so long as he shall truly and faithfully exercise the same, one annuity or annual rent of foure pound of, &c. to have, hold, perceive [Page 303] and enjoy the said annuity or yearly rent to the said E. R. and his assignes, from the, &c. during the life natural of the said E. R. at two termes of the year, &c. viz. &c. by even portions yearly to be paid, by the receiver of my rents and revenews, the Steward of my house or such other officer for the time being, as I shall appoint for the payment of the rest of my servants their wages yearly. In witnesse, &c.
A Deputation of a Bayliff or Receiver.
TO all Christian people, &c. A. B. Bailiff and Collector of the rents, farmes and revenews of &c. Mannors of G. and E. and of all and singular lands, tenements, court leets, liberties, fines, issues, amerciaments, reliefes, heriots, waifes, estrayes, and other possessions and hereditaments whatsoever to the said mannors belonging, with their members and appurtenances in the County of, &c. parcel of the lands and possessions of W. late M. of, &c. sendeth greeting, &c. Know ye that I the said A. B. have constituted, deputed and appointed, and by these presents do, &c. C. D. of, &c. to be my lawful and sufficient deputy, for me and in my behalf to occupy and exercise the said office of Bayliff and Collector, and to exercise, execute, accomplish, receive and do, and cause to be exercised, executed, accomplished, received and done all and every such act and acts, thing and things, as in, about, touching or concerning the said office, shall be necessary or requisite to be done, to have, hold, exercise and enjoy the said office unto the said C. D. as deputy of me the said A. B. for, and during the will and pleasure of me the said A. B. in as ample manner and forme, [Page 304] as I the said A. B. ought or might exercise, execute, receive, accomplish, and do in the same if I the said A. B. were, might or should be present at the exercising, executing, accomplishment, receiving or doing thereof. In witnesse, &c.
The grant of a Stewardship or keeping of Courts.
THis Indenture made, &c. Between A. S. of S. in the County of S. Gent. of the one partie, and R. K. of L. in the County of B. Gent. of the other party: Witnesseth, that whereas our said, &c. that now is, by, &c. letters pattents under the seal of, &c. Court of Exchequer, bearing date at Westminster the, &c. day of, &c. in the, &c. year of, &c. hath amongst divers oeher things therein contained, assigned and appointed the said A. S. to the office and offices of Steward, and keeper of courts and leets of the Mannor of L. and also of the Mannor of B. in the County of S. during, &c. pleasure, as by the same letters pattents amongst divers other things therein contained more plainly appeareth. Now the said A. S. for divers good causes and considerations him in this behalf specially moving, hath made, ordained, constituted and appointed, and by these presents doth make, ordaine, constitute and appoint the said R. K. to be his deputy, to exercise and execute the said office and offices of Stewardship and keeper of courts and leets of the said Mannors, and to seize and take all heriors, and to take and receive all profits of courts and leets which are or shall grow due within the said Mannors or any of them, to have, enjoy, hold, exercise and occupy the same office and offices, to the foresaid R. K. during the will and pleasure of the said A. S. and to receive, perceive and take the [Page 305] wages, fees, allowances, profits and commodities therefore of right, due, accustomed, belonging and appertaining: and the said R. K. doth covenant, promise and grant for himselfe, his executors and administrators by these presents, to and with the said A. S. his executors, administrators and assignes, and every of them, in manner and forme following, viz. that he the said R. K. his executors and assignes, shall and will from time to time, well and truly pay or cause to be paid unto the said A. S. his executors or assignes, all such wages, fees, allowances, summe and summes of money, heriots, profits of courts and leets, and other profits and commodities, as for or in respect, or by reason of the said office and offices of Stewardship or keeping of courts, and leets within the said Mannor, as every or any of them shall grow due or payable, or as he the said R. K. by reason or in respect of the exercising or executing thereof, shall from time to time receive, perceive, take or make; and also that he the said R. K. shall not nor will not at any time or times hereafter do, commit or suffer to be done any manner of act or thing whatsoever, which shall or may be in any wise prejudicial or hurtful to the said letters pattents before mentioned, or to the said A. S. his deputy or deputies, in exercising or executing the said Pattent, or any the office or offices of Stewardship, or keeping of courts or leets, or any power or authority thereby given or granted, or any thing therein contained. In witnesse, &c.
A Licence for a Buck and Doo, during the life of the Grantee.
WE E. D. &c. for divers good causes and respects us moving, have given and granted, and by these presents for us and our heires, do give and grant unto our well-beloved servant C. D. our Secretary, during his life one Buck of season in Summer, and one Doo of season in Winter, to be had, taken, hunted and killed at, and within our Parke of B. in the County of W. either with dog or bows by the same C. D. or his assignes, at his or their free liberty, choyce and pleasure, during his said life; wherefore we will and command you and every of you, our keeper or keepers there, or your deputie or deputies for the time being, upon the sight hereof, or of the true copy hereof signed by the proper hand of the said C. D. that you and every of you, do peaceably and quietly permit and suffer the same C. D. and his assignes, during his said life, yearly from henceforth to have, kill, and take at, or within our said Park, the said Buck in Summer, and the said Doo in Winter, according to the tenor of this our gift and warrant dormant, any restraint or commandment heretofore had, made or given to the contrary hereof notwithstanding; and this our warrant signed and sealed with our proper hand, shall be unto you and every of you a sufficient warrant and discharge against us and our heires at all times in this behalfe. Given under our seal and signe manuel, &c.
A Condition to cure a disease or to repay the money.
THe condition of this obligation is such, That whereas the within named A. B. the day of the date within written, hath delivered and given the within bounden C. D. the summe of eight pound in consideration, that the said C. D. should on this side and before the third day of, &c. next coming after the date within written, cure and make whole the said A. B. of the disease or diseases wherewith the said A. B. is now grieved. If therefore the said C. D. do before the said third day of, &c. next, well and sufficiently, and safely cure and make whole the said A. B. of the said diseases; and also in case the said A. at any time after, and before the fourth day of, &c. next following, be grieved or vexed with the said diseases or any part thereof, or that the said disease or any part thereof, do before the said fourth day of, &c. issue or grieve upon any part of the body of the said A. B. then if the said C. D. his executors or assignes within twenty dayes next after the said fourth day of, &c. do well and truly repay or cause to be repaid unto the said A. B. his executors, administrators or assignes, the said sum of eight pound without fraud or covin, then, &c.
Not to sell lands had by marriage.
THe Condition, &c. That if neither the within bounden A. B. his heires, executors, administrators nor assignes, nor any of them, do at any time or times hereafter, give, grant, bargain, sell, demise, let, set, or otherwise do away all or any of the lands, tenements, woods, underwoods, possessions or hereditaments, or any part or parcel thereof, [Page 308] which he the said A. B. now hath and enjoyeth, or is possessed of at this present day, by reason of a marriage late had and solemnized between him the said A. B. and I. now his wife, &c. lying and being in the Towns, Parishes, Hamlets and Fields of S. and H. in the County of C. or elsewhere within the Nation of England, to any manner of person or persons, without the special licence, will, consent and agreement of the within named C. D. his executors or assignes first had and obtained in writing for the same: That then, &c.
To assure a summe of money in consideration of a Marriage.
THe Condition, &c. That whereas the within bounden A. B. intendeth by Gods grace shortly to marry, and take to his wife one C. D. sister of the within named E. F. if the said A. B. do by his last Will and Testament, or otherwise without any fraud or covin, in case the said C. D. shall after marriage had between them survive the said A. B. lawfully give and assure to the said C. D. the summe of five hundred pound, &c. or else goods and chattels to the value or worth of, &c. over and besides such chaines, bracelets, jewels and apparel, which the said C. D. shall fortune to have at the day of the death of the said A. B. which said summe of five hundred pound, or else the said goods and chattles, which then shall be worth the said summe of five hundred pound, and the said chaines, bracelets, jewels and apparel, the said C. D. her executors, administrators and assignes, shall and may at all times from the day of the death of the said A. B. peaceably, quietly and lawfully have, use, give, set and enjoy at her and their pleasure, without any [Page 309] let or interruption of the said C. B. his executors, administrators or assignes, or of any other person or persons by his or their means, assent or procurement: That then, &c.
To assure an estate.
THe Condition, &c. That if the within bounden A. B. and C. D his wife, and either of them and their heires (at the proper costs and charges in the Law of the said E. F. his heires and assignes, at all times within the space of two whole years next ensuing the date hereof, do make, assure and convey, or cause to be made and conveyed unto the said E. F. and his heires, or to such other person or persons and their heires, as the said E. F. and his heires shall name and appoint to his and their proper uses and behoofes, such a good, lawful, sufficient and perfect estate or estates, assurance or assurances in the Law, of, and in all the lands, tenements and hereditaments whatsoever, with the appurtenances both free and copy, which late were G. F. deceased father of the said E. F. set, lying and being in B. in the County of C. be it by deed or deeds enrolled, fine, feoffment, recovery, surrender or surrenders, release with warranty against the said A. B. and C. his wife and either of them and their heires, as by the learned counsel of the said E. F. his heires or assignes shall be reasonably advised or devised, the same premisses then to be clearly discharged, of, and from all former bargains, sales, guifts, grants and all other charges, titles, troubles and incumbrances whatsoever they be, had, made or done by the said A. B. and G. his wife or either of them in the mean time. That then, &c.
That the Lessee shall not carry away any wainscot or windows at the end of his lease.
THe Condition, &c. That whereas the within named A. B. by his Indenture of lease bearing date, &c. hath demised and to farm letten unto the within bounden C. D. all that tenement with the appurtenances, &c. now in the occupation of the said C. D. for the term of certain years yet enduring, as by the same Indenture more plainly may appear. If therefore the said C. D. &c. do not at the end of the terme of years mentioned in the said Indenture of lease before recited, carry away any of the wainscot, settles and cubbords standing and being in the, &c. or the keyes and locks being upon the doores and cubbords of wainscot aforesaid of and within the said tenement, nor take away any of the windows now standing, appending or appertaining to the said tenement, but do permit and suffer them there to remaine at his departure in as good case as now they are, reasonable, wearing only excepted. That then, &c.
The obligee to pay money for wares delivered in trust, to another that shall make default of payment.
THe Condition, &c. That whereas the within named A. B. hath delivered upon trust to one C. D. certain wines amounting to the summe of, &c. and given him day of payment for the same, &c. untill the Feast of, &c. if in case the said A. B. his executors, administrators or assignes, do not before or at the said Feast of, &c. pay or cause to be paid unto the said A. B. his executors, &c. the said sum of, &c. but shall make default of payment [Page 311] thereof or of any part thereof: Then if the within bounden E. F. and G. H. or either of them, or the executors, administrators or assignes of them or of either of them, do well and truly content and pay or cause to be paid unto the said A. B. his executors, &c. the said sum of, &c. or so much thereof, as at the said Feast of, &c. shall happen to be behinde unpaid; That, &c.
To deliver writings to be cancelled at a day certain and place.
THe condition of this, &c. That if the within bounden A. B. his executors, administrators or assignes, do before the second day of, &c. next coming after the date within written, deliver or cause to be delivered to the within named C. D. his executors, administrators or assignes, at or within, &c. all such Indentures, Leases, Counterparts of Indentures and Writings, as he the said A. B. or any other by his delivery hath or have, touching the Mannors of, &c. which were made and written before the eleventh day of, &c. last past without fraud or collusion: That then, &c.
To save one harmlesse for delivery of an Indenture.
THe condition, &c. That whereas the within named A. B. hath the day of the date within written delivered unto the within bound C.D. one deed indented bearing date, &c. made from E. F. to G. H. of, &c. of certain lands in, &c. If therefore the said C. D. his heires, &c. do at all times hereafter, and from time to time discharge, save and [Page 312] keep harmlesse the said A. B. his heires, &c. against G. S. of, &c. and all and every other person and persons whatsoever, of, for, or concerning the delivery of the said deed, and of, for, and concerning all manner of matters and indemnities, which may by any means accrew or be unto or against the said A. B. &c. for, or by reason of the same: That then, &c.
A Letter of Atturney irrecoverable to receive a debt on a bond with covenant not to release, &c.
TO all Christian people to whom these presents shall come, E. A. of, &c. in the County of, &c. Shoo-maker, sendeth greeting in our Lord God everlasting: Whereas I. D. of, &c. in the said County of, &c. widdow, and N. D. sonne of the said I. of, &c. in the said County Shoo-maker, by their bill obligatory bearing date the, &c. day of, &c. do stand bounden to me the said E. in the summe of, &c. for the payment of the summe of, &c. upon the, &c. day of, &c. next ensuing the date of the said bill obligatory, at, or in the then dwelling house of the said E. A. scituate in, &c. aforesaid, which said bill obligatory is become forfeited: know ye therefore that I the said E. do by these presents authorize, constitute and appoint my well-beloved friend I. E. of, &c. aforesaid Butcher, my [Page 313] lawful Atturney irrevokable for me, and in my name to sue, arrest, attach, prosecute, condemne and imprison the said I. D. and N. D. or either of them, and her, his or their bodies, goods and cattles in execution to take, and out of execution to deliver, either upon satisfaction by composition or otherwise, at the will and pleasure of my said Atturney; acquittances or any other discharges to seal and deliver, Atturney or Atturneys, to make Councellor or Councellors to retaine, & the same again to revoke, and generally and particularly all and every other matter and thing requisite, necessary or behoofeful to execute, prosecute, do and performe, or cause to be so done and performed as fully and largely, as I my selfe might or could do, being personally present without any accompt thereof to be yeilded unto me mine executors or assignes; and whatsoever my said Atturney shall do or cause to be done in, about or concerning the premisses, I do by these presents ratifie, confirme and allow the same; and also do covenant with and by my selfe to my said Atturney not to revoke, disallow, discontinue, deny or be nonsuited, in, or otherwise to do anything that may be hurtful, prejudicial, or any barr or let therein or thereunto by any means whatsoever. In witnesse whereof I the said E. A. have hereunto set my hand and seal the, &c. day of, &c.
A Letter of Atturney from two Executors of a bond sued to a judgement to a Creditor of the Testator.
ALL men shall know by these presents, that we T.D. Gent. & R.M. Gent. Executors of the last Will and Testament of T. H. late of, &c. in the County of, &c. Esq deceased, have made, constituted, ordained, and in our place and steads have put, and by these presents do, make, constitute, ordain, and in our place and steads, do put our trusty and well-beloved in Christ M. F. widdow, late the wife of T. F. late of, &c. Gent. deceased, our true and lawful Atturney, for us and in our names and steads, but to her own use to ask, demand, receive and take of Sir H. I. late of, &c. in the County of, &c. the debt due and payable unto the said T. H. in his life-time, by vertue, force or reason of one obligation or writing obligatory, bearing date the, &c. day of, &c. of the penal summe of two hundred pounds conditioned for the payment of one hundred seven pounds and ten shillings upon the Feast of, &c. then next following, as in and by the said obligation and condition thereof may appeare: and whereas the said T. H. obtained a judgement against the said Sir H. for two hundred pounds debt upon the said bond, besides damages or costs of suit: know ye further, that we the said T. D. and R. M. have authorized and given power, and by these presents do authorize and give power unto the said M. for and in our names, but to her own use to take execution or any other processe upon or by reason of the said judgement against the said Sir H. his heires, executors [Page 315] or administrators or any of them, or against his, their or any of their lands, tenements, goods, cattels and chattels or any of them, and with him, them or any of them to compound or agree at her will and pleasure for the same, and the benefit and profit thereof to her own use, to receive and take; & him the said Sir H. to sue, arrest, implead and imprison, and out of prison to set at large, discharge and release at her will and pleasure, and all and every other thing and things, which in or about the obtaining or getting of the said debt and damages, or any part or parcel thereof shall be needful or necessary to be done, to execute and do in as large, ample and beneficial manner and forme to all intents and purposes, as we the said T. D. and R. M. may, can, might, could, should or ought to do by vertue, force or reason of the said recited obligation or writing obligatory or the condition thereof, or by vertue, force or reason of the said judgement thereupon had. In witnesse whereof we have hereunto set our hands and seals the, &c. day of, &c.
A Letter of Atturney of a mans estate in general, in consideration of several debts and engagements.
TO all to whom these presents shall come, I F. G. of, &c. in the County of, &c. in Ireland Merchant send greeting. Whereas I am indebted unto R. G. my brother in the [Page 316] summe of five and fifty pounds, and he and B. G. one other of my brothers stand engaged for several summes of money, the proper debts of me the said F. G. and have already paid for me the summe of thirty pounds. Now know ye that I the said F. G. for and towards the payment and satisfaction of the said moneys, and for divers other good considerations me thereunto moving, have granted, assigned, bargained and sold, and by these presents do freely and absolutely grant, assigne, bargain and sell unto the said R. G. and B. G. all and all manner my goods and chattels, debts, moneys and all other things of mine whatsoever, as well real as personal, of what kind, nature or quality the same are, be or shall be found, or otherwise, wheresoever within the Nation of Ireland or teritories, to have and to hold the same and every part and parcel thereof, unto the said B. G. and F. G. their executors, administrators and assignes for ever, to the only proper use of them, their executors, administrators and assignes for ever. In witnesse whereof I have hereunto set my hand and seal the, &c. day of, &c.
A Letter of Atturney of several summes of money due from one person.
KNow all men by these presents, that I F. G. of, &c. in the County of, &c. Merchant, for divers good & valuable considerations me thereunto especially moving, have made, assigned, constituted [Page 317] and ordained, and by these presents do make, assigne, constitute and ordain W. L. of London Taylor, my true and lawful Atturney, in my name, but to the only proper use of him the said W. L. his executors and administrators, to demand and receive all such summe and summes of money as are due or owing to me from E. K. of, &c. in the County of, &c. clothier, any manner of wayes howsoever, and for default of payment to sue, arrest, attach, implead, condemne and imprison the said E. K. and his body, goods and chattels in execution to take, and out of execution to deliver, either upon satisfaction, composition or otherwise at the will and pleasure of my said Atturney; acquittances or any other discharges in my name to seal and deliver; Atturney or Atturneys one or more under him the said W. L. to make, & substitute and revoke: and generally to do, & execute, prosecute and determine all and every other act and acts, thing and things whatsoever, which in or about the premisses shall be needful or expedient, as fully and effectually and in as large and ample manner, to all intents and purposes, as I the said F. G. might or could do personally, without any accompt thereof to be yeilded to me, my executors or assignes; and whatsoever my said Atturney shall do or cause to be done, in, about or concerning the premisses, I do by these presents ratifie, confirme and allow the same. In witnesse whereof I have hereunto set my hand and seal the, &c. day of, &c.
A short bill of debt from one to one.
KNow all men by these presents, That I B.G. of, &c. Barber-Chirurgion, do owe unto M. R. of, &c. Gent. the summe of foure and twenty pounds of lawful money of England to be paid to the said M. his executors, administrators or assignes, on the, &c. day of, &c. now next ensuing the date hereof; to the which payment well and truly to be made at the time aforesaid, I bind me, my heires, executors and administrators unto the said M.R. his executors and administrators in the summe of fourty pounds of lawful money of England firmely by these presents. In witnesse whereof, I have hereunto set my hand and seal the, &c. day of, &c.
An assignment of certain debts with a Letter of Atturney to receive them.
KNow all men by these presents, that I F.G. of, &c. in the County of, &c. in Ireland Merchant, for divers good and valuable considerations me thereunto especially moving, have granted, assigned and set over unto my Brothers B. G. and R. G. all such debts and summes of money, bills, bonds and specialties which are owing from, or remain in the hands of L. T. of, &c. aforesaid Yeoman, and all such other debts and summes of money which are due and owing to me from any person or persons inhabiting [Page 319] within the Nation of Ireland or elsewhere: and I the said F. G. have likewise assigned, constituted and ordained, and by these presents do assigne, constitute and ordaine the said R.G. and B. G. and either of them, joyntly and severally my true and lawful Atturney and Atturneys in my name, but to the only proper use of them the said R. and B.G. their executors and administrators, to demand and receive the said debts and summes of money, and for default of payment to sue, arrest, attach, condemn and imprison the said debtors, and their bodyes, goods and chattels in execution to take, and out of execution to deliver, either upon satisfaction by composition or otherwise at the will and pleasure of my said atturneys; acquittances or any other discharges in my name to seal and deliver; atturney or atturneys one or more under them the said R. and B. G. to make, substitute and revoke; and to do and execute whatsoever act or thing shall be needful or expedient in or about the premisses as fully and in as large manner to all intents and purposes, as I the said F. G. might or could do personally, without any accompt thereof to be yeilded to me, my executors or assignes: and whatsoever my said Atturneys shall do or cause to be done, in, about or concerning the premisses, I do by these presents ratifie, confirme and allow the same. In witnesse whereof▪ I have hereunto set my hand and seal the, &c. day of, &c.
A Grant of the next donation of Benefice.
TO all to whom this present writing shall come, I A. B. of C. in the County of D. Gent. send greeting. Know ye that I the said A. B. the undoubted Patron of the Parish Church of E. in the County of F. for good considerations me thereunto moving, have given and granted, and by these presents do give and grant unto G. F. of I. in the County of K. Gent. the first and next advowson, nomination, donation, collation, presentation and free disposition of the aforesaid Rectory of E. in the said County of F. with all its rights, members and appurtenances whatsoever, when it shall be void either by death or resignation, or otherwise. In witnesse whereof, &c.