Sir Orl. Bridgman's CONVEYANCES: BEING Select Precedents OF Deeds and Instruments Concerning the Most Considerable ESTATES in ENGLAND.

Drawn and approved by That HONOURABLE PERSON In the time of his Practice.

WITH An Exact TABLE to the whole.

LONDON, Printed by the Assigns of Ri. Atkyns and Ed. Atkyns, Esquires.

For William Battersby at Thavies-Inn Gate in Holborn, and Thomas Basset at the George near Saint Dunstan's Church in Fleetstreet, Anno Domini, MDCLXXXII.

TO THE HONOURABLE, Sir John Bridgman BARONET.

SIR,

I Should have offered a palpa­ble Injury to the Memory of my Lord, your Deceased Fa­ther, if I had fixed upon any other Patron than your Ho­nour, the living Image of him­self: That large Stock of Re­putation which his great Merits and Abilities have purchased, is by your Imitation of his Vertues be­come your own: And to you only, all that was his, is justly due: And this imboldens me the ra­ther to Dedicate to your Honour these following Instruments of Law, which challenge your Noble Father for their Author, being all Composed by his Advice and Direction.

As for my self, I account it no mean satisfacti­on, that the Station I was placed in as his Clerk, hath enabled me to present to the Publick View so useful a Piece, and that I have this Opportunity to express the great and humble Respect and De­votion I bear to your Honour, to whom, and all the Branches of your Family, I wish both Tem­poral and Eternal Happiness.

Your Honours most humble and obedient Servant, Tho. Page Johnson.
From my Chamber in Thavies Inn, June 24. 1682.

TO THE READER.

THese Precedents need no other Encomium, than that they were the Draughts of that Eminent and Learned Person, the late Lord Keeper Bridgman; framed and advised by him during the time of his Practice; when the unhappy Circumstances wherein this King­dom stood, afforded no other means of Safety to Persons of his Loyalty and Constancy, than a strict Retirement from all Publick Affairs.

It's well known to several yet alive, in what esteem he was with his Royal Master, King CHARLES the First, to whom in the late Troubles he intirely adhered with all imaginable Zeal and Fidelity, and who often imployed him as a Commissioner in the Negotiations then on foot.

After the ill Successes of the Royal Party had exposed them to the Fury and Rage of their Enemies, he had among others in­volved in that Common Calamity, a plentiful share of Sufferings, which yet could never extort from him the least Compliance with those Powers which then usurped the Government; but betaking himself to a Sedentary kind of Life in his Chamber, he became the great Oracle, not only of his Fellow Sufferers, but of the whole Nation in Matters of Law; his very Enemies not think­ing their Estates secure without his Advice.

Then it was, that these Precedents were framed and advised by him; they being for the most part Settlements between Per­sons of the greatest Honour in the Kingdom. And that they were really his no Man can better attest than my self, who was then his Clerk, and a witness to the execution, if not of all, yet of the more considerabl part of them.

The great abilities of this Eminent Person, his indefatiga­ble Industry, his exquisite and thorough Knowledge in the Laws, the Solidity of his Judgment, the quickness of his Apprehension and Parts, and (to come nearer home to the present Occasion) his excellent Method and happy Way of expressing himself, in his Conveyances, which will easily appear to the Reader, who will here find several things altogether New, and not extant in any Book yet published; are Matters which deserve a far abler Pen than mine [...]o dilate up [...]n them: All I shall add is, That he lived to see his Merits rew [...]rded, and his Gray Hairs crowned with Honour, by the Royal Bounty of our present Gracious Sove­raign, he having first presided in two of the principal Courts of Law, and being afterwards advanced to the highest Office in this Kingdom, which a Subject of England is capable of.

Tho. Page Johnson.

Mistakes of Figures in the Table.

Release, viz. A Settlement upon &c. for 176. r. 196.

Reparations, viz. Covenant for the Lessee &c. for 355, 356. r. 365, 366.

Taxes, viz. Covenants to pay &c. for 364, 365. r. 363, 364.

Trusts, viz. For the Raising &c. for 354. r. 359.

PRECEDENTS OF CONVEYANCES.

A Settlement by Partition by Daughters and their Husbands.

THis Indenture made, &c. between the right honourable the Lady M. C. Widow, Lady L. of the first part, the right honourable T. Lord S. and the Lady E. his Wife of the second part, and J. G. H. of C. in the County of G. Esquire and A. his Wife of the third part. Whereas by one Indenture, bearing date, &c. made or mentio­ned to be made between the right honourable E. Earl of S. since deceased, of th'one part, and F. N. of, &c. and G. G. of, &c. of th'other part, He the said Earl did revoke all the Uses and Estates in all the Manors, Lordships, Messuages, Lands, Tenements and Hereditaments in the said Indenture after specified which he had power to revoke: And for good and sufficient Causes him moving; And for the settling and establishing of the Castles, Manors, Lands, Tenements and He­reditaments thereafter expressed for and to the use and uses in the said In­denture limited and appointed for him and his heirs, Did covenant and grant to and with the said F. N. and G. G. That the said Earl at or before the first day of N. next ensuing the date of the said Indenture should and would in due form and order of Law acknowledge and levy one or more Fine or Fines sur Conusans de Droit come ceo que ils ont de lour Done to the said F. N. and G. G. with Proclamations thereupon to be had and made ac­cording to the form of the Statute in that case made and provided, and by such name and names, quantity and quantities of Acres, and otherwise, as should be meet and convenient, Of the Castle of E. Bolton with the appur­tenances, and of the Manors of E. B. W. B. &c. and of all and singular the Castles, Manors, Rectories, Advowsons, Tithes, Lands, Tenements and He­reditaments of the said Earl, in Possession, Reversion, Remainder or Use, scituate, lying and being, happening or renewing in the several Counties of Y. City of Y. and Co. of the same City of Y. the Counties of N. L. B. and D. and in every of them; Which Fine and Fines as aforesaid covenanted and agreed upon to be had and levied, as all other Fine and Fines as well here­tofore had, levied or acknowledged, as at any time hereafter, before the said first day of N. then next ensuing the date of the said Indenture, to be had, [Page 2] levied, sued forth or perfected of the Premisses or any part thereof, were by the said Indenture declared to be and enure to the use and behoof of the said Earl and of the heirs males of his body lawfully begotten and to be be­gotten; And for default of such Issue, to the use and behoof of J. S. in the said Indenture named, and since deceased, and to the heirs males of the bo­dy of the said J. S. &c. lawfully begotten and to be begotten; And for default of such Issue, then, to the use and behoof of the said M. Lady L. by her then name of M. S. alias, &c. the said Lady E. S. by her then name of E. S. alias, &c. and of the said A. H. her then name of A. S. alias, &c. the three natural and reputed Daughters of the said Earl, and the three Daugh­ters of M. J. in the said Indenture named, or by whatsoever other name or names they the said M. E. and A. or any of them were or should be called or known, and of the heirs of the bodies of the said M. E. and A. lawful­ly begotten and to be begotten, with other Remainders over; As in and by the said Indenture (relation, &c.) more plainly, &c. and may appear; And whereas also one or more such Fine or Fines sur Conus. &c. with Pro­clamations thereupon, according to the Stat. was or were accordingly had, levied and acknowledged by the said Earl of S. to the said F. N. and G. G. of all the said Manors, Lordships, Castles, Messuages, Rectories, Tithes, Lands, Tenements, Hereditaments and Premisses in the said Indenture men­tioned, to the uses in the said Indenture declared, and herein before mentio­ned; And afterwards the said E. Earl of S. died without any heir male of his body lawfully begotten; And the said Jo. S. alias, &c. is also since deceased without any heir male of his body lawfully begotten, whereby all and sin­gular the said Castle, Manors, Rectories, Advowsons, Tithes, Lands, Te­nements, Hereditaments and Premisses did remain and come unto the said M. Lady L. Lady Eliz. S. and A. H. and the heirs of the bodies of the said M. E. and A. lawfully begotten and to be begotten; And since that there have been several Conveyances and Settlements made by the said Lady M. Lady E. and A. and their several Husbands severally and respectively, or some of them, of their several parts and purparties of and in all the said Pre­misses, whereby they are all now become Tenants in common in all and sin­gular the said Manors, Castles, Rectories, Advowsons, Tithes, Lands, Tenements, Hereditaments and Premisses so settled and conveyed by the said late Earl of S. as aforesaid.

Now this Indenture witnesseth, That for a Division of all and singular the said Castle, Manors, Messuages, Lands, Tenements, Tythes, Hereditaments and Premisses whatsoever herein before menti­oned, to be made between the said Parties to these Presents, That eve­ry of them may hold and enjoy their part in severalty to them, their heirs and assigns; It is hereby covenanted, granted, concluded and a­greed by and between all the said Parties to these Presents for them and their heirs in manner and form following, (that is to say,) That all the said Manors, Castles, Messuages, Lands, Tenements, Tithes, Hereditaments and Premisses shall be and are hereby divided and set forth into three parts, divisions or alotments: And that for the first of the said three parts, divi­sions or alotments, there shall be and is hereby set forth and alotted, The said C. of E. B. with th' appurtenances, and all those the said Manors of East B. West B. &c. with their and every of their rights, members and ap­purtenances in the said County of Y. And also all that the said Manor of L. with the rights, members and appurtenances thereof. And all other the said Messuages, Cottages, Houses, Edifices, Orchards, Gardens, Dove-houses, Lands Tenements, Meadows, Pastures, Feedings, Mines of Coal and Mines [Page 3] of Lead, Commons, Waies, Wasts, Heaths, Furzes, Woods, Under-woods, Mills, Waters, Fishings, Free-warrens, Parks, Chases, Waifs, Estraies, Heri­ots, Rectories, Advowsons, Donations, Presentations, Rents, Reversions, Services, Wards, Marriages, Reliefs, Escheats, Fees, Issues, Fines, Amercia­ments, Liberties, Regalities, Privileges, Suits, Seigniories, Franchises, Juris­dictions, Authorities, Courts, Leets, and Perquisites of Courts and Leets, View of Frankpledge, and all that which to View of Frankpledge apper­taineth; And all other Royalties, Franchises and Liberties whatsoever unto the said several Manors or Lordships, Messuages, Lands, Tenements and He­reditaments, intended for the said first Division or Alotment, or any of them, or any part or parcel of them or any of them, belonging or in any wise appertaining; Together with all and singular their and every of their appurtenances in the said County of Y. and Bishoprick of D. And all other the Messuages, Lands, Tenements, Tithes and Hereditaments whatsoever late of him the said Earl, or in and by the said recited Indenture and Fine com­prised or settled as aforesaid, scituate, lying or being in the Parishes, Towns, Villages, Hamlets and Fields of East B. West B. &c. or in any of them, in the said County of Y. or in L. in the said Bishoprick of D. All which said Castle, Manors, Lands, Tenements, Hereditaments and Premisses so agreed to be set out for the first of the said three parts, divisions or alotments, shall be called, distinguished and known by the name or names of the First divisi­on or the First alotment; And that for the second of the said three parts, divi­sions or alotments, shall be and is hereby set-forth and alotted All those the said Manors or Lordships of L. B. and E. with their and every of their rights, members and appurtenances in the said County of N. And all and singular the Messuages, Lands, Tenements and Hereditaments whatsoever late of him the said Earl of S. in the said recited Indenture and Fine or Fines mentio­ned or comprised, scituate, lying and being, &c. And all Suits, Seignio­ries, Services, Franchises, Liberties, Jurisdictions, Authorities, Privileges, Courts, Leets, and Perquisites of Courts and Leets, View of Frankpledge, and all that which to View of Frankpledge appertaineth; And all other Royalties whatsoever unto the said three last mentioned several Manors of L. B. and E. and unto every of them, or unto any part or parcel of them or any of them belonging or in any wise appertaining, with all and singu­lar their and every of their appurtenances; And the Advowsons and Patro­nages of the two several Rectories and Parish-churches of L. and E. aforesaid, in the said County of N. And all the said Messuages, Cottages, Lands, Te­nements and Hereditaments whatsoever, with th'appurtenances, late of him the said Earl, scituate, lying and being in the said County of N. and in S. and B. or elsewhere in the said County of L. And also all those the said Manors of U. E. and T. with their and every of their rights, members and appur­tenances in the said County of Y. And all other the Messuages, Lands, Te­nements, Rents and Hereditaments whatsoever, late of him the said Earl, and in the said recited Indenture and Fine or Fines mentioned and settled as aforesaid, scituate, lying, being, coming, growing or renewing in the Pa­rishes, Towns of, &c. or in any of them, in the said County of Y. All which said Manors, Messuages, Lands, Tenements, Hereditaments and Pre­misses so agreed to be set-forth and alotted for the second of the said three parts, divisions or alotments, shall be called, distinguished and known by the name and names of the Second division or the Second alotment; And that for the third of the said three parts, divisions or alotments there shall be and is hereby set-forth and alotted All those the Manors or Lordships of H. and B. with their and either of their appurtenances in the said County [Page 4] of B. And all and singular the said Messuages, Lands, Tenements and He­reditaments whatsoever, late of him the said Earl, with all and singular their and every of their appurtenances in the Parishes and Towns of H. G. and W. in the said County of B. And all the said Suits, Seigniories, Services, Franchises, Liberties, Jurisdictions, Authorities, Privileges, Courts, Leets, and Perquisites of Courts and Leets, View of Frankpledge, and all that which to View of Frankpledge appertaineth; And all other Royalties whatsoever unto the said Manors or Lordships of H. and B. or to them or either of them belonging or in any wise appertaining, with all and singu­lar their and every of their appurtenances; And the said Advowson and Pa­tronage of the Rectory and Parish-church of H. aforesaid, in the said County of B. And all other the said Manors, Lands, Tenements and Hereditaments in the said County of B. And all that the said Manor of H. in the Bisho­prick of D. with all and singular the rights, members and appurtenances thereof; And all other the said Messuages, Lands, Tenements and Heredita­ments whatsoever, late of him the said Earl, scituate, lying and being in H. &c. And also all those the said Manors of B. S. and C. with their and eve­ry of their appurtenances, in the said County of Y. And also all other the said Messuages, Lands, Tenements and Hereditaments whatsoever, late of him the said Earl, and in the said recited Indenture and Fine comprised or settled as aforesaid, lying or being in the Parishes, Towns, Villages, Ham­lets and Fields of B. &c. or in any of them, in the said County of Y. or in the said City of Y. and County of the same City of Y. All which said Manors, Messuages, Lands, Tenements, Hereditaments and Premisses so agreed to be set-forth and alotted for the third of the said three parts, divi­sions or alotments, shall be called, distinguished and known by the name or names of the Third division or the Third alotment. And it is hereby farther covenanted, granted, concluded and agreed by and between all the said Parties to these Presents for them, their heirs and assigns, That all the said whole Premisses being so hereby set-forth and divided into the said three parts, divisions or alotments as aforesaid, It shall be resolved and de­termined by way of Lot to which of them the said Lady M. Lady E. and A. each several part, division or alotment shall belong, in manner and form following; That is to say, In one small scroll of Parchment shall be written these words, viz. East B. or, the First division, which Scroll shall be inclo­sed in Wax, to be made up in form of a Ball, and the said Ball shall stand for and be the Lot for the first part, division or alotment, (viz.) the said Castle of E. B. and other the Premisses herein before set-out for the first of the said three parts, divisions or alotments; In one other like Scroll of Parchment shall be written these words, viz. L. or, the Second division, which Scroll shall be in like manner inclosed in Wax, to be made up in form of a Ball, and the said Ball shall stand for and be the Lot for the se­cond division or alotment, (viz.) the said Manors or Lordships of L. &c. and other the Premisses therein before set-out for the second of the said three parts, divisions or alotments. And in one other like Scroll of Parch­ment shall be written these words, viz. H. or, the Third division, which Scroll shall be in like manner inclosed in Wax, to be made up in form of a Ball, and the said Ball shall stand for and be the Lot for the third part, division or alotment, (viz.) the Manors or Lordships of H. &c. and other the Premisses herein before set out for the third of the said three parts, di­visions or alotments; And all the said three Balls shall be put together in a Bagg; And first, the said M. Lady L. shall put her hand into the said Bagg, and take out one of the said Balls And afterwards, the said T. Lord S. for [Page 5] himself and the said Lady E. his Wife shall put his hand into the said Bagg, and take out another of the said Balls; And afterwards the said J. G. H. for himself and the said A. his Wife shall put his hand into the said Bagg, and take out the other of the said Balls; And that Lot which shall be taken by the said Lady M. shall stand and be for the part and purparty of the said Lady M. her heirs and assigns, of all the said Manors, Lands and Hereditaments; And that Lot which shall be taken by the said Lord S. shall stand and be for the part and purparty of the said Lady E. his Wife, her heirs and assigns, of all the said Manors, Lands and Hereditaments; And that Lot which shall be taken by the said J. G. H. shall stand and be for the part and purparty of the said A. his Wife, her heirs and assigns, of all the said Manors, Lands and He­reditaments; And that they and every of them the said Lady M. Lord S. and Lady E. his Wife, and J. G. H. and A. his Wife, and their several heirs and assigns, and all other persons claiming by, from or under them, or any of them, or by any Grants or Conveyances made by them or any of them, shall and will forever abide and stand to such Determination by way of Lot as aforesaid; And that after such Determination made by Lot as aforesaid, Assurances and Conveyances shall be made of the said several parts and di­visions accordingly; That is to say, Such of the said Parties to these Pre­sents, and their heirs and assigns, to whom the said Castle, Manors, Messu­ages, Lands, Tenements, Hereditaments and Premisses hereby alotted and set forth for the said first division or alotment shall fall or happen by way of Lot as aforesaid, shall and will from time to time, and at all times, with­in the space of twenty years next ensuing the date hereof, at and upon the reasonable request and proper costs and charges in the Law of the said other Parties to these Presents, or their heirs or assigns, respectively make and exe­cute all such reasonable Assurances and Conveyances for the assuring, releasing and conveying of all the rest of the said Manors, Lands and Premisses set forth and alotted for the said second division, and for the said third divi­sion respectively; And all his, her and their Estate, Interest, Claim and Demand in or to the same, unto such of the said Parties and their heirs and assigns, to whom they shall respectively happen or fall by such Lot as afore­said, as by such the said Parties and their heirs, to whom the same shall hap­pen to fall by Lot as aforesaid, shall be reasonably devised and required; And such of the said Parties to these Presents and their heirs and assigns to whom the said Manors, Messuages, Lands, Tenements, Hereditaments and Premisses hereby alotted and set forth for the said second division or alotment shall fall or happen by way of Lot as aforesaid, shall and will from time to time and at all times within the space of twenty years next ensuing the date hereof, at and upon the reasonable request and proper costs and char­ges in Law of any of the said other Parties to these Presents, or their heirs respectively, make and execute all such reasonable Assurances and Convey­ances for the assuring, releasing or conveying of all the rest of the said Ma­nors, Lands and Premisses set forth and alotted for the said first division, and for the said third division respectively; And all his, her or their Estate, In­terest, Claim and Demand in or to the same, unto such of the said Parties and their heirs and assigns to whom they shall respectively happen or fall by such Lot as aforesaid, as by such the said Parties and their heirs to whom the same shall so happen to fall by Lot as aforesaid, shall be reasonably de­vised and required; And such of the said Parties to these Presents and their heirs and assigns to whom the said Manors, Messuages, Lands, Tenements, Hereditaments and Premisses hereby alotted and set-forth for the said third division or alotment, shall fall or happen by way of Lot as aforesaid, shall [Page 6] and will from time to time, and at all times within the space of twenty years next ensuing the date hereof, at and upon the reasonable request and proper costs and charges in the Law of any of the said other Parties to these Presents, or their heirs or assigns respectively, make and execute all such reasonable Assurances and Conveyances, for the assuring, releasing or con­veying of all the rest of the said Manors, Lands and Premisses, set forth and alotted for the said first division, and for the said second division re­spectively; And all his, her or their, Estate, Interest, Claim and Demand in or to the same, unto such of the said Parties and their heirs and assigns, to whom they shall respectively happen or fall by such Lot as aforesaid, as by such the said Parties and their heirs to whom the same shall so happen to fall by Lot as aforesaid shall be reasonably devised and required; And for­asmuch as the said M. J. Mother of the said Lady M. Lady E. and A. hath an Estate for her life in some part of the said Manors and Premisses, and the right honourable E. Countess Dowager of S. hath also an Estate for her life in other part of the said Manors, Lands and Premisses; and during the respective Lives of the said M. J. and E. C. D. of S. the present Rents of the said Manors, Lands and Premisses alotted and set out for the said second and third divisions are less than the present Rents of the said Manors, Lands and Premisses alotted and set out for the said first division; It is therefore farther covenanted, granted, concluded and agreed by and between all the said Parties to these Presents, That for the more equal sharing and dividing of the present Rents and Revenues of all the said Premisses between the said Parties to these Presents, such of the said Parties to these Presents and their heirs and assigns to whom the said first division or alotment shall fall or happen by Lot as aforesaid, shall pay unto such of the said Parties to these Presents and their heirs, to whom the said third division or alotment shall fall or happen as aforesaid by Lot, a yearly Rent of 23 li. 4 s. 4 d. half-peny, by half-yearly payments, during the joint Lives of the said M. J. alias S. and the said Eliz. C. D. of S. And shall also pay unto such of the said Parties to these Presents and their heirs to whom the said second division or alotment shall fall or happen by Lot as aforesaid, a yearly Rent of 735 li. 9 d. ob. by half-yearly payments, during the said joint Lives of the said M. J. alias S. and Eliz. C. D. of S. And in case it shall happen the said Eliz. C. D. of S. to dy before the said M. J. alias S. Then such of the said Parties to these Presents and their heirs to whom the said first division or alotment shall fall or happen by Lot as aforesaid, shall pay from and after the Death of the said C. D. during all the life of the said M. J. alias S. a yearly Rent of 56 li. 11 s. ob. by half-yearly payments unto such of the Parties to these Presents and their heirs to whom the said third division or alotment shall fall or happen by Lot as aforesaid; And also a yearly Rent of 68 li. 7 s. 5 d. ob. by half-yearly payments unto such of the said Parties to these Presents and their heirs to whom the said second division or alotment shall fall or happen by Lot as aforesaid; And in case it shall so happen, that the said M. J. alias S. shall dy before the said Eliz. C. D. of S. Then such of the said Parties to these Presents and their heirs to whom the said first division or alotment shall fall or happen by Lot as aforesaid, are to pay, from and after the death of the said M. J. alias S. during all the natural life of the said Eliz. C. D. of S. a yearly Rent of 647 li. 9 s. 7 d. by half-yearly payments, unto such of the said Parties to these Presents and their heirs to whom the said second di­vision or alotment shall fall or happen by Lot as aforesaid; And then also such of the said Parties to these Presents and their heirs to whom the said third division or alotment shall fall or happen by Lot, as aforesaid, are to [Page 7] pay from and after the death of the said M. J. alias S. during all the natu­ral life of the said Eliz. C. D. of S. a yearly Rent of 6 li. and 1 d. by half-yearly payments unto such of the said Parties to these Presents and their heirs to whom the said second division or alotment shall fall or happen by Lot, as aforesaid; And in case it shall happen that A. S. Widow, late Wife of W. S. late of H. in the said County of D. shall over-live the said Eliz. C. D. of S. and the said M. J. alias S. then from and after the decease of the longer Liver of the said C. D. of S. and M. J. alias S. such of the said Parties to these Presents and their heirs to whom the said first division or alotment shall fall or happen by Lot, as aforesaid, shall pay, during all the natural life of the said A. S. a yearly Rent of 13 li. 6 s. 8 d. by half-yearly pay­ments, unto such of the said Parties to these Presents and their heirs to whom the said third division or alotment shall fall or happen by Lot, as aforesaid; And then also such of the said Parties to these Presents and their heirs to whom the said second division or alotment shall fall or happen by Lot, as aforesaid, shall pay, unto such of the said Parties to these Pre­sents and their heirs to whom the said third division or alotment shall fall or happen by Lot, as aforesaid, from and after the decease of the longer Liver of the said C. D. of S. and the said M. J. alias S. during all the time of the natural life of the said A. S. the like yearly Rent of 13 li. 6 s. and 8 d. by half-yearly payments; All the said yearly Rents to be paid by equal half-yearly payments, at the Feasts of, &c. yearly, during the conti­nuance of the said respective Rents; And it is also farther agreed by and between the said Parties to these Presents, That the said persons and their heirs respectively, to whom the respective Rents aforesaid shall be due and payable as aforesaid, by the intent of these Presents, shall and may distrein from time to time for the same as often as the same shall be arrere upon all or any of the Manors, Lands or Hereditaments which shall happen or fall-out by Lot, as aforesaid, to the respective persons who by the intent of these Presents are to pay the said Rents; And the Distress and Distresses there taken to impound, and in Pound to detein till he or they be paid and sa­tisfied the said Rent or Rents so arrere with their damages and costs; And farther, That before the [...] such of the said Persons to these Presents to whom the said first division or alot­ment shall fall or happen by Lot, as aforesaid, shall give farther good and suf­ficient Securities to the respective persons to whom the said second or third divisions or alotments shall fall or happen, as aforesaid, for payment of the said several Rents beforementioned, which by the true intent and meaning of these Presents are or shall be payable by such person or persons to whom the said first division or alotment shall happen during the said several terms, and upon the said several contingencies, and in such manner and form as the same are herein before agreed to be paid; Be it by Obligati­on or Obligations with reasonable Penalties or by Demise or Demises of a proportionable part of the said Premisses in the said first lot or division, or otherwise, as by the said respective persons to whom the said second and third divisions or alotments shall fall or happen, as aforesaid, or by his or their Council learned in the Law respectively shall be reasonably devised or advised and required. In witness whereof the said Parties to these Presents their hands and seals interchangeably have set the day and year first abovewritten.

And the said A. B. and R. G. for themselves, their heirs, executors,Covenant that the Pur­chasors shall perform with the Te­nants in pos­session to en­joy their Contracts and Leases without in­terruption. ad­ministrators and assigns, and for every of them, do covenant, promise and [Page 8] grant to and with the said Sir W. P. and Sir R. O. their heirs, executors and Administrators, by these Presents, That they the said A. B. and R. G. their heirs and assigns shall and will ratifie, confirm, make-good and perform un­to and with the said E. P. G. S. and R. B. respectively, their several exe­cutors and administrators, the Contracts heretofore made with them respec­tively, by T. D. by Warrant and Commission from the said H. Earl of A. for Leases unto them the said E. P. G. S. and R. B. respectively, of the Pre­misses beforementioned to be in their respective occupations for the Terms and under the Rents herein beforementioned; And also shall and will per­mit and suffer the said E. P. G. S. and R. B. their executors and admini­strators, paying their said Rents, quietly to enjoy the said several Premisses in their respective occupations, during the said space of 21 years, to be com­puted from the 25th day of March, in the said year 1650. without any in­terruption, eviction or ejection of or by them the said A. B. and R. G. their heirs or assigns, or any person or persons claiming from, by or under them or either of them.

Assignment of a Lease for Security of mony. This Indenture made, &c. between J. P. of W. in the County of E. Esquire of the one part, and Sir W. L. of little W. in the said County of E. Baronet of the other part: Whereas by one Indenture bearing date the, &c. last past before the date hereof made or mentioned to be made between the Right Worshipfull G. M. the Warden and Scholars of St. Mary College of Winchester in Oxford, commonly called New-college in Oxford, on the one part, and the said J. P. on th'other part: The said Warden and Scholars of and by their whole or common assent and consent did demise, grant and to farm let unto the said J. P. All that their Scite of their Manor of E. within the Hundred of D. in the County of E. aforesaid, &c. To have, &c. all the said Scite of the Manor of, &c. and all and singular other the demised Premisses with their appurtenances (except before excepted and reserved) unto the said J. P. his executors, administrators and assigns, from the, &c. last past before the date thereof, unto the end and term of, &c. from thence next and immediately following fully to be compleat and en­ded; As in and by the said Indenture under the common Seal of the said Warden and Scholars (relation being thereunto had) more plainly, &c.

Now this Indenture witnesseth, That the said J. P. for and in con­sideration of the sum 1000 li. &c. to him in hand paid by the said Sir W. L. at or before the sealing, &c. The Receipt whereof the said J. P. doth here­by acknowledge; and thereof and of every part and parcel thereof doth clearly and absolutely acquit and discharge the said Sir W. L. his executors and administrators for ever by these Presents; Hath granted, bargained, sold, assigned, and set over; And by these Presents doth, &c. unto the said Sir W. L. All that the said Scite of the Manor of East-hall aforesaid, with th' appurtenances, and all Lands, Tenements and Hereditaments to the same belonging or appertaining, or therewith usually occupied or enjoyed, or accepted, reputed or taken as part, parcel or member thereof, or as belonging thereto; And all and singular other the Houses, Edifices, Buildings, Lands, Tenements and Hereditaments whatsoever which in and by the said recited Indenture were demised, granted and to farm letten unto the said J. P. as aforesaid, except as in the said Indenture is excepted; And also all the Estate, Right, Title, Interest, Claim and Demand whatsoever of him the said J. P. of, in and to the Premisses or any part thereof; Together also with the said recited Indenture of Lease; To have, &c. the said Scite of the Manor of East-hall aforesaid, and all and singular other the premisses with th' appurte­nances [Page 9] (except before excepted) unto the said Sir W. L. his executors, administrators and assigns, for and during all the rest and residue of the said Term of, &c. yet to come and unexpired, in as ample manner and form as he the said J. P. might have, hold and enjoy the same Premisses by virtue of the said recited Indenture of Lease or otherwise howsoever if these Presents had not been made. Provided alwaies, and these Pre­sents are upon this Condition nevertheless, That if the said J. P. his Executors, Administrators or Assigns, or any of them shall well and tru­ly pay or cause to be paid unto the said Sir W. L. his Executors, Admi­nistrators or Assigns or any of them, at or in the now dwelling house of the said Sir W. L. in little W. aforesaid, the full sum of 1000 li. of, &c. at one entire payment, on the, &c. next ensuing the date hereof, with­out any defalcation, deduction or abatement of any thing for or in respect of any taxes, charges, payments or assesments ordinary or ex­traordinary, or otherwise howsoever; That then this present Indenture and the Grant, Bargain, Sale and Assignment herein contained shall cease and be void to all intents and purposes; And the said J. P. for him­self, his Heirs, Executors, Administrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said Sir W. L. his Executors, Administrators and Assigns, by these Presents; That he the said J. P. his Executors, Administrators or Assigns, or some or one of them shall and will well and truly pay or cause to be paid unto the said Sir W. L. his Executors, Administrators or Assigns, the said sum of 1030 li. at one intire payment, at the time and place before in the said Proviso or Condition mentioned for payment thereof, without any de­falcation, deduction or abatement as aforesaid; And the said Sir W. L. for himself, his Executors, Administrators and Assigns, and for every of them, doth covenant, promise and agree to and with the said J. P. his Executors, Administrators and Assigns, by these Presents, That if the said J. P. his Executors, Administrators or Assigns shall make true payment of the said sum of 1030 li. herein before covenanted to be paid at the day and place herein before appointed for payment thereof; That then he the said Sir W. L. his Executors, Administrarors and Assigns, shall and will, at the Request, Costs▪ and Charges of the said J. P. his Executors, Administrators or Assigns, assign over and convey all his re­maining Estate in the Premisses unto the said J. P. his Executors or Ad­ministrators, or to such person or persons as the said J. P. his Executors or Administrators shall direct or appoint, freed of and from all Incum­brances done or suffered by the said Sir W. L. his Executors, Administra­tors or Assigns.

And farther also, That until default shall be made by the said J. P. his Executors, Administrators or Assigns in payment of the said money herein before covenanted to be paid, or of some part thereof, at the day and place of payment beforementioned; He the said Sir W. L. his Executors, Administrators and Assigns, shall and will permit and suffer the said J. P. his Executors, Administrators and Assigns, to receive and take all the Rents and Profits of the said Scite, Lands and Premisses, without any accompt to be made or given unto him the said Sir W. L. his Executors, Administrators or Assigns, for or concerning the same; And the said J. P. for himself, his Executors, Administrators and As­signs, and for every of them, doth covenant, promise and grant to and with the said Sir W. L. his Executors, Administrators and Assigns, by [Page 10] these Presents; That the said original Lease herein before mentioned and recited, is a good and sufficient Lease valid in the Law, and is yet in being, and not forfeited, surrendered, or any waies determined or be­come void; And that all the Rent reserved upon the said Lease which hath been hitherto payable, hath been and is well and truly paid, satis­fied and discharged; And that all the Covenants on the Lessee's part which hitherto have been to be performed, have been truly performed and kept; And that by virtue thereof he the said J. P. is lawfully esta­ted and interessed of and in all and singular the said Scite, Messuages, Lands, Tenements and Hereditaments herein beforementioned to be assigned, and of and in every part and parcel thereof of a good Estate, for all the time and number of years to come for which the same are in and by the said original Indenture of Lease mentioned to be granted; And hath full power and authority to assign and set over the same unto the said Sir W. L. his Executors, Administrators and Assigns, in manner and form aforesaid; And that if default shall happen to be made of or in payment of the said moneys herein before covenanted to be paid, or of any part thereof, at the time herein before limited for payment thereof; That then and from thenceforth it shall and may be lawfull to and for the said Sir W. L. his Executors, Administrators and Assigns, into all and singular the Premisses and into every part and parcel thereof to enter, and the same from thenceforth for and during all the rest and residue of the said term of years then to come and unexpired, peaceably and quietly to hold and enjoy the Rents, Revenues, Issues, Profits and Commodities thereof, and of every part and parcel thereof, coming, arising and growing, to have and take during all the said term of years without any manner of denyal, lett, suit, trouble, hindrance, interruption, eviction or ejection of or by the said J. P. his Executors, Administrators or Assigns, and without the lawfull lett, suit, trouble, interruption, eviction or ejection of or by any other person or persons whomsoever; And free and clear, and freely, clearly and absolutely ac­quitted, freed, exonerated and discharged of and from all and all man­ner of former and other Grants, Bargains, Sales, Assignments, Leases, Estates, Mortgages, Charges and Incumbrances whatsoever; And the said J. P. doth farther also, by these Presents, for himself, his Executors, Administrators and Assigns, and for every of them, covenant, pro­mise and agree to and with the said Sir W. L. his Executors, Admini­strators and Assigns, That if any default shall happen to be made of or in payment of the said Monies, or any part thereof, herein before cove­nanted to be paid, That then, at any time after such default made, he the said J. P. his Executors, Administrators and Assigns, and all and every other person and persons any Estate having or lawfully claiming of, in, to or out of the said Scite, Lands and Premisses, or any part thereof, by, from or under him, shall and will, at the reasonable Re­quest, Costs and Charges in the Law of the said Sir W. L. his Execu­tors, Administrators and Assigns, make and doe all and every such Act and Acts for the farther, better and more perfect assuring and convey­ing of the said Scite, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses, with their and every of their Ap­purtenances, unto the said Sir W. L. his Executors, Administrators and Assigns, for and during all the rest and residue of the said term of years yet to come and unexpired; As by the said Sir W. L. his Executors, [Page 11] Administrators or Assigns, or by his or their Council Learned in the Law shall be reasonably devised, advised or required: In witness whereof, &c. With a Bond of a double Sum for performance of Cove­nants.

And lastly, Covenant that no be­nefit of Sur­vivorship be had between the 2. Mort­gagees, and the Money to be equally divided, &c. It is hereby declared and agreed by and between the said K. W. and M. B. And they do mutually covenant and agree each with th'other of them, by these Presents; That no benefit shall be had or taken by Survivorship of either of them the said K. W. and M. B. but that the Survivor of them, her Executors or Administrators, shall stand possessed of the said Farm, Lands, Tenements and Premisses, as concerning one equal moiety or half part thereof in Trust for th' Exe­cutors or Administrators, or such of them as shall happen first to dy: And that all Monies payable by the said Proviso before in these Presents contained, and all benefit and profit to be made by virtue of these Pre­sents, shall be equally divided between the said K. W. and M. B. and between the Executors, Administrators and Assigns of each of them se­verally and respectively, and between the Survivor of them the said K. VV. and M. B. and th' Executors or Administrators of either of them first dying, without any regard to be had or taken to any Survivorship.

Covenants by a Vendor who had formerly mortgaged the Premisses.

AND the said T. Earl of C. and T. Lord VV. do for themselves,Covenant to free from a Mortgage certain. their Heirs, Executors, Administrators and Assigns, and for every of them, covenant, promise, grant and agree, to and with the said VV. L. C. S. and F. M. their Heirs and Assigns, and to and with every of them, by these Presents; That the said Earl and Lord VV. or one of them, their, or one of their Heirs or Assigns, shall and will, within the space of one year next ensuing the date of these Presents, free, clear and dis­charge the said granted or mentioned to be granted Premisses, and eve­ry part and parcel thereof, of and from one Mortgage or Estate hereto­fore made thereof (amongst other things) unto the late Right Honou­rable P. Lord B. deceased, or to some other person or persons in trust for the said late Lord B.

And also, Covenant to free from all Incumbran­ces. within the space of five years next ensuing the date of these Presents, free, clear and discharge the Premisses by these Presents granted or mentioned to be hereby granted, of and from all and all manner of former and other Estates, Gifts, Grants, Bargains, Sales, Mortgages, Lea­ses, Wills, Intails, Uses, Joyntures, Dowers, Conditions, Limitations, Statutes-merchant and of the Staple, Recognizances, Debts, Judgments, Extents, Executions, Rents, Arrerages of Rents, Fines, Forfeitures, Is­sues, Amerciaments, Intrusions, Alienations without Licence, Charges, Titles, Troubles, and all other Incumbrances whatsoever, had, made, done, committed, executed or suffered, or to be had, made, done, com­mitted, executed or suffered by the said Earl, Lord VV. and every or any of the Ancestors of the said Earl and Lord VV. or by any of them, their or any of their Heirs or Assigns, or by any other person or persons whatsoever, lawfully claiming by, from or under them or any of them, [Page 12] or to their or any of their use or uses, or by their or any of their means, assent, consent, privity or procurement; To which the said Premisses here­by granted or mentioned to be hereby granted, or any part or parcel thereof, are now liable or any way subject, (other than the Leases here­in before mentioned to be excepted.)

Covenant that the Ven­dor is seised of other Lands of the value of 4000 li. per annum, in Fee, without Condition, &c. And that the said Earl and Lord VV. or one of them, now are or is solely, lawfully, rightfully and absolutely seised of other Lands, Tene­ments and Hereditaments within the Counties of B. and M. of the full and clear yearly value of 4000 li. of lawfull, &c. over and above all charges and reprizes of a good, sure, sole, perfect, lawfull, rightfull, ab­solute and indefesible Estate of inheritance in feesimple to their or one of their own proper use and behoof, without any Condition, Limitati­on, Mortgage or other thing, to frustrate, diminish or make void the same; And shall and will continue to be thereof and of every part and parcel thereof so seised, until the said Earl and Lord W. shall in and by one Recognizance or Writing obligatory, in the nature of a Statute-staple, of the penal Sum of 5000 li. of lawfull, &c. become bound un­to the said VV. L. C. S. and F. M. their Executors or Assigns, with De­feazance for the performance of all and singular the Covenants, Grants, Articles and Agreements in these Presents contained which on the part and behalf of the said Earl and Lord W. their Heirs, Executors, Admi­nistrators and Assigns, and every of them, are to be observed, perfor­med, fulfilled and kept.

Agreed the Premisses conveyed upon Trust shall speedi­ly be sold to pay Debts. And it is hereby declared and agreed, That all and singular the said Premisses in the said Counties of S. S. and S. respectively conveyed to the said L. M. and F. V. and their respective Heirs, Executors and As­signs respectively, are so conveyed upon this special Trust and Confidence nevertheless in them the said L. M. and F. V. their Heirs, Executors, Ad­ministrators and Assigns respectively reposed; That they the said L. M. and F. V. or the Survivor of them, or his or their respective Heirs, Ex­ecutors or Assigns respectively, shall with all convenient speed make sale of all the said Manors, Messuages, Lands and Premisses, and all their Estate and Estates therein, for the best price that can bona fide be got­ten for the same; And shall by the Monies raised by such Sale, and by the Rents, Issues and Profits of the said Manors, Lands and Premisses in the mean time until such Sale, satisfie and pay all and every the debts of the said A. late Lord Capell deceased, which are mentioned and expres­sed in a Schedule hereunto annexed.

Agreed that from time to time, as mo­nies shall be raised by Sale, the Trustees shall imploy the monies for payment of Debts. And nevertheless, It is agreed and declared by and betwixt all the said Parties to these Presents, That (from time to time, until by such Sale to be made as aforesaid, so much Monies shall be raised as shall be suffi­cient to pay all the said Debts in the said Schedule mentioned, with the Interest thereupon due) they the said L. M. and F. V. their Heirs and Assigns, shall from time to time imploy all the Monies raised by any Sale of the Premisses or any part thereof, or by the Rents, Issues and Pro­fits of the said Manors, Lands and Premisses, for and towards payment of the said Debts in the said Schedule mentioned, and of the Interest due for the same in such order and in such precedence as they the said Sir E. C. H. C. and R. C. or the Survivors of them shall from time to time direct and appoint, and not otherwise.

Mortgagee shall be quit­ted of Suits for Waste, (wilfull Waste ex­cepted.)And the said T. E. of S. for himself, his Heirs, Executors and Admi­nistrators, doth covenant, promise and grant to and with the said E. P. [Page 13] his Executors and Administrators by these Presents, That he the said T. E. of S. his Heirs, Executors or Administrators, or some of them, shall and will acquit, defend, save and keep harmless the said E. P. his Executors and Administrators of and from all Suits and Demands what­soever, for or by reason of any Waste hereafter to be committed or suf­fered in or concerning the said Messuages, Tenements and Premisses hereby demised, or any of them, (wilfull Waste to be committed by the said T. E. of S. his Executors or Assigns, onely excepted.)

And farther, That if by any Accident of Fire, or otherwise casually,Covenant in case of Fire the Mortga­ger to re­build. the said Messuages and Premisses, or any of them, shall happen to be ru­ined or decayed during the continuance of the respective Leases or E­states above excepted of such the said Messuages and Premisses, or any of them so ruined or pulled down, That the said T. E. of S. his Heirs, Executors or Administrators, or some of them, shall and will, with all convenient speed, cause the same to be new erected and built, in as good a condition and plight as the same was before such Accident or Casualty happening.

And the said J. C. for himself, his Executors and Administrators,Covenant that the Mortgagee shall redeli­ver Writings upon pay­ment of the Mortgage-money. doth covenant, promise and grant to and with the said A. P. his Heirs, Execu­tors and Administrators, by these Presents, That if the said Sum of 1060 li. shall be well and truly paid unto him the said J. C. his Execu­tors, Administrators or Assigns, at the times and place herein beforemen­tioned and appointed for payment thereof, That then he the said J. C. his Executors or Administrators, shall and will, upon reasonable request in that behalf, redeliver or cause to be redelivered unto the said A. P. his Heirs or Assigns, safe, whole and uncancelled, all such Writings as are now, at and about the time of the Sealing and Delivery hereof, deli­vered unto him the said J. C. by the said A. P. and particularly mentio­ned and expressed in a Note subscribed by the said J. C. which Note is now delivered to the said A. P.

Provided nevertheless, That the Mortgager shal acknow­ledge satis­faction upon a Judgment, &c. And it is fully covenanted and agreed by and between all the said Parties to these Presents, That whereas one A.V. did heretofore obtain a Judgment for 1800 li. or thereabouts against the said Sir W. P. That in case the said Sir W. P. his Executors or Ad­ministrators, shall not before the last day of January next ensuing the date of these Presents, procure satisfaction to be duly acknowledged upon the said Judgment, That then it shall and may be lawfull to and for the said B. H. and H. H. their Executors and Administrators, to satis­fie and pay the same out of the said Sum of 1800 li. herein before cove­nanted to be paid; And that so much as shall be so paid by the said B.H. and H. H. their Executors or Administrators, shall be abated and defal­ked out of the said Sum of 1800 li. herein before agreed to be paid; Any thing herein before contained, &c.

And it is declared and agreed between the said Parties to these Pre­sents,Covenant that a Will shall be de­posited in a friends hands and that the Divisors shall stand to the Awards of C. and F. in case of diff. about the Executor­ship or per­sonal Estate. That the last Will and Testament of the said F. A. under his hand and seal, for the better safety thereof, shall be deposited and remain in the hands and custody of A. B. for the equal benefit of the Parties to these Presents, their Heirs, Executors and Administrators respectively; And shall from time to time be produced when and where and so often as any the Parties to these Presents, their Heirs, Executors or Administra­tors shall have occasion to make use thereof.

And lastly, for the better prevention of Suits which may or might arise between the said Parties to these Presents touching the said Execu­torship and personal Estate or the Estate jointly devised to them as afore­said, It is declared and agreed by and between the said Parties to these Presents, That all Differences which at any time or times hereafter shall happen or arise between the said Parties to these Presents or any of them, their or any of their Executors or Administrators, either touching these Presents or the last Will and Testament of the said F. A. or the said Ex­ecutorship or personal Estate, or the Estate jointly devised as aforesaid, or the disposing, ordering or managing the said Estate, shall from time to time be referred and hereby is referred to the mediation, arbitration and judgment of C. D. E. F. whose Award therein, they the said J. B. J. A. and J. C. do hereby mutually and reciprocally for them, their Heirs, Executors and Administrators, promise and agree to observe and perform without farther trouble of Suit in any Court of Law or Equity.

Surrender of a mortgaged Term that had been be­fore assigned.

THis Indenture tripartite made the, &c. Between H. H. Esquire, second Son, &c. of the first part; J. B. of, &c. Esquire, and R. N. of, &c. Esquire, and J. H. of L. Gent. of the second part; and Sir R. O. and Sir W. P. of, &c. of the third part: Whereas the Right Honourable H. Earl of K. the said Sir R. O. and Sir VV. P. Did by their Indenture bearing date the, &c. in the year of our Lord, 1654. demise, grant, bar­gain and sell unto C. E. of L. All that the Manor of M. in the County of N. with the appurtenances; And all Messuages, Lands, Tenements and Hereditaments thereunto belonging, or reputed, accepted or taken as part, parcel or member thereof; And the Reversion thereof, and all Rents thereupon reserved with th' appurtenances of the said Premisses; To have and to hold the said Manor, Messuages, Lands, Tenements, Here­ditaments and Premisses, with the appurtenances, and every part there­of unto the said C. E. his Executors, Administrators and Assigns, from the date of the said Indenture, for and during and unto the full end and term of 500 years from thence next ensuing and fully to be compleat and ended: With a Proviso or Condition to be void upon payment of, &c. pounds, on the, &c. day of, &c. next ensuing the date of the said Indenture; As in and by the said Indenture, &c. may more at large appear; And whereas the said money was not paid at the day appointed for payment thereof, by reason whereof th' Estate and Inte­rest of the said C. E. in the said Manor and Premisses was become abso­lute: And whereas by one Indenture tripartite bearing date the, &c. day of, &c. in the year, &c. 1657. made or mentioned, &c. between the said H. H. of the first part, the said C. E. of the second part, and the said J. B. and R. N. of the third part: He, the said C. E. for the Consideration in the said Indenture mentioned, did, by and with the consent of the said H. H. testified, &c. grant, bargain, sell, assign and set over unto the said J. B. and R. N. all that the said Manor,Trustees for J. H. &c. (prout antea to the Habendum) And all the Estate, Right, Title, [Page 15] Interest, Term of years, Claim and Demand whatsoever of him the said C. E. of, in and to the Premisses, and every part and parcel thereof; To have and to hold the said Manor, Messuages, Lands, Tenements, Hereditaments and Premisses with the appurtenances, and every part thereof, unto the said J. B. and R. N. their Executors, Administrators and Assigns, for and during all the rest and residue of the said Term of 500 years then to come and unexpired; As in and by the said Inden­ture, amongst other things therein, &c. may appear.

Now this Indenture witnesseth, That the said J. B. and R. N. by the direction of the said J. H. testified, &c. have assigned and sur­rendred, and by these Presents, by and with the consent of the said H. H. testified, &c. Do assign and surrender unto the said Sir R. O. and Sir W. P. all their and either of their Estate, Right, Title and Interest, of, in and to all that the said Manor of M. in the said County of N. with th' appurtenances thereof; And of, in and to all Messuages, Lands, Tenements and Hereditaments thereto belonging, or reputed, accepted or taken as part, parcel or member thereof; And the Reversion thereof, and all Rents thereupon reserved; To have and to hold the said Ma­nor, Messuages, Lands, Tenements, Hereditaments and Premisses with the appurtenances, and every part thereof, unto the said Sir R. O. and Sir W. P. and their Heirs, for and during all such Estate and Term, as they the said J. B. and R. N. or either of them, have or ought to have there­in: With a Covenant, That J. B. hath done no act to encumber the Premisses: And the like by R. N.

A Demise for three Lives of a Tenement.

THis Indenture made the, &c. 1652. Between Sir O. B. of, &c. of th' one part; and T. D. of, &c. of th'other part, witnesseth; That the said Sir O. B. for and in consideration of the Surrender of one Indenture of Lease, bearing date the, &c. heretofore made by Sir T. B. Knight, deceased, unto T. D. of great B. in the County of C. Gent. de­ceased, of the Messuages or Tenements and Lands thereunto belonging, with the appurtenances hereafter in these Presents mentioned and ex­pressed, for the Lives of him the said T. D. T. D. his Son and J. D. the younger Son of J. D. of C. and the longest Liver of them; Whereof the said T. D. the Son, party to these Presents, and the said J. D. are now living; As also for the sum of 25 li. of, &c. to him the said Sir O. B. in hand paid; The Receipt whereof the said Sir O. B. doth, &c. And for divers other good causes and considerations him the said Sir O. B. thereunto moving, hath demised, &c. all that Messuage or Tene­ment, &c. together with all Houses, &c. saving and except out of these Presents all Mynes of Coal, Stone, Lead, and other Mynes what­soever; and all Springs and Veins of Salt, Bryne or Allom; and all Bryne, Salt or Allom, which shall be in, upon or within the Premisses; To have and to hold the said Messuage or Tenement,Habend. and all and singu­lar other the Premisses with, &c. (except before excepted) unto the said T. D. party to these Presents, and his Assigns, for the natural Lives of him the said T. D. M. his Wife, and the said J. D. Son of the said J. D. [Page 16] of C. and for and during the Life and Lives natural of the longest Liver of them; To all Tenanty, Profits and Commodities, wilfull Waste one­ly excepted; Yielding and paying therefore yearly during the said Term the yearly Rent of, &c. upon the, &c. by equal portions; With a Heriot at the decease of the said T. D. party to these Presents,Reservation of an Heriot. and of every other his Assignee or Assigns dying Tenant of the Premisses or any part thereof, under and by force of these Presents; And also yiel­ding and paying yearly during the said Term two Rent-hens, upon the, &c. yearly; and two Capons yearly, at Easter; and also two daies Average, called Reaping, in the time of Harvest, with sufficient persons; Together with all such Tenanty, Services, Duties, Customs and Contributions, as well in time of War as in time of Peace, as have been usually paid or done for the said Messuage or Tenement: And if it shall happen the said yearly Rent of, &c. and the Services and Contributions aforesaid, or any part thereof, to be behind and unpaid by the space of forty daies next after the daies and times aforesaid for payment or per­formance thereof, and the same being lawfully demanded at the Messu­age or Tenement aforesaid, That then and from thenceforth this pre­sent Indenture of Demise and Grant to be utterly void, &c. to all in­tents, &c. Any thing herein contained, &c. notwithstanding.

And the said Sir O. B. for himself, his Heirs and Assigns, doth cove­nant, &c. to and with the said T. D. and his Assigns, by these Presents, That it shall and may be lawfull to and for the said T. D. and his Assigns, and every of them, for and during the Term aforesaid, to digg and get Marle or Clay in and upon the Premisses or any part thereof, and to make Marle-pit or pits, so as the same be not prejudicial to any Bryne or Bryne-pits of the said Sir O. B. his Heirs or Assigns; And so as the same be spent onely upon the Premisses for the better manuring of the same, and not elsewhere: And also to stock and rid-up by the roots Bushes and Un­derwoods (except in Hedgrows and Fences) and to divide and quick-set the said demised Premisses, or any part thereof, at the will and plea­sure of the said T. D. or his Assigns, for and during the Term aforesaid.

And the said T. D. for himself, his Executors, Administrators and As­signs, doth covenant, &c. by these Presents, That he the said T. D. and his Assigns, for and during the Term aforesaid, shall and will well and sufficiently maintain, &c. the said Messuage or Tenement, Building, Lands and Premisses aforesaid, with their appurtenances, in good and sufficient repair; And at the end of the Term aforesaid will so leave and yield up the same to the said Sir O. B his Heirs or Assigns.

And that he the said T. D. and his Assigns and Under-tenants, and eve­ry of them, shall and will from time to time, during the said Term, grinde all his and their Corn and Grain, which shall be gotten and spent upon the said demised Premisses, or any part thereof, at the Mill or Mills of the said Sir O. B. his Heirs or Assigns, whensoever he or they shall have any standing or being within two miles of the said Messuages hereby de­mised; and shall pay such Toll and Mulcture as others grinding their Corn there shall pay.

And farther, That it shall be lawfull to and for the said Sir O. B. his Heirs and Assigns, and his and their Servants and Workmen, and every of them, at all times, during the Term aforesaid, into all or any part of the demised Premisses (the Dwelling-house and other the Houses there­upon being onely excepted) to enter into, and there to digg, drein or [Page 17] search for any mynes of Coal, Stone, Lead, or other myne, and for any Salt, Brine or Allom, or spring or springs of Brine, Salt or Allom; And there to make pits, soughs, trenches and other holes; And to have free ingress, egress and regress from time to time during the said term, for the making his and their best benefit of the same; And for carrying and leading the same away from time to time, to the use and at the pleasure of the said Sir O. B. his Heirs or Assigns, or for such person or persons as from time to time shall buy any Coals, Stone, Lead, Mineral, Salt or Allom.

And that he the said Sir O. B. his Heirs and Assigns, shall and may from time to time have free use of any part of the Lands hereby demi­mised for the laying any Coals, Stone, Lead, Salt or Allom to be gotten in the demised Premisses, he and they from time to time making full re­compence to the said T. D. or his Assigns for such loss as he or they shall thereby sustain in their Grass or Corn during the term of this present Demise.

And the said Sir O. B. for himself, his Heirs, Executors, Administra­tors and Assigns, and for every, &c. doth covenant, &c. to and with the said T. D. and his Assigns, by these Presents, That he the said Sir O. B. his Heirs and Assigns shall and will warrant, uphold, defend, ac­quit and discharge, or otherwise well and sufficiently save and keep harmless the said Messuage or Tenement, and all other the before demi­sed Premisses with their appurtenances, for the yearly Rent aforesaid, for the term aforesaid, and under the Covenants, Conditions and Re­servations in these Presents mentioned and expressed against him the said Sir O. B. his Heirs and Assigns, and against all other person and persons whatsoever lawfully claiming the same or any part thereof, by, from or under him the said Sir O. B. his Heirs or Assigns, or by his or their means, right, title, consent, act, deed or procurement.

And lastly, the said Sir O. B. hath constituted, ordained, and in his stead and place put his well-beloved Friends R. H. of, &c. and Rich. W. of,Letter of At­torney to make Live­ry. &c. his true and lawfull Attornies jointly or severally for him and in his name, place and stead, to enter into the Messuage or Tenement aforesaid, or into any part thereof, in the name of the whole, and thereof to take Possession, and after possession so thereof had and ta­ken, full, quiet and peaceable possession, and livery and seisin, to deliver to the said T. D. or his lawfull Attorney, in that behalf: To have and to hold the same to the said T. D. and his Assigns, for and during the term aforesaid, according to the tenor and effect of these Presents, rati­fying and confirming whatsoever his said Attornies or either of them shall doe in that behalf by force and virtue of these Presents, as fully as if the said Sir O. B. had been personally present, doing the same. In witness, &c.

Feoffment of a Messuage and certain Lands, part whereof are Copyhold.

THis Indenture made, &c. Between T. K. the elder, of London Draper, T. K. the younger, Son and Heir apparent of the said T. K. the elder, J. B. of, &c. Esquire, and J. E. of, &c. Gent. of the [Page 18] one part; and J. B. of, &c. of the other part; Witnesseth, That for and in consideration of the full sum of 800 li. &c. to them the said T. K. the elder, T. K. the younger, J. B. and J. E. in hand paid by the said J. B. at or before the sealing and delivery of this present Indenture; The Receipt whereof they the said T. K. th' elder, T. K. the younger, J. B. and J. E. do hereby acknowledge, and thereof, and of every part and parcell thereof, doth clearly and absolutely acquit, exonerate and discharge the said J. B. his Executors and Administrators for ever by these Presents: They the said T. K. th' elder, T. K. the younger, J. B. and J. E. have granted, bargained, sold, aliened, enfeoffed and confirmed; And, by these Presents, for them and their heirs, do clearly and abso­lutely grant, bargain, sell, alien, enfeoff and confirm unto the said J. B. his Heirs and Assigns; All that Messuage or Tenement called Pentre­heylin, with th' appurtenances, scituate, lying and being in Masbrook-yssa, in the County of S. And all those, &c. And all and singular other the Lands, Tenements and Hereditaments whatsoever, in M.-yssa and D. in the said County of S. which were heretofore conveyed by the said T. K. th' elder and T. K. the younger to the said J. B. and J. E. and their Heirs; And all other the Lands, Tenements and Hereditaments of the said T. K. th' elder and T. K. the younger, or either of them, in Masbrook-yssa, Masbrook-ucha, and D. aforesaid, or any of them; All which Premisses now are or lately were in the tenure or occupation of J. D. of M.-yssa aforesaid, Yeoman, and of T. D. his son, or one of them, their, or one of their, Assigns or Under-tenants; And all and singular Houses, Barns, Stables, Buildings, Crofts, Curtilages, Yards, Orchards, Gardens, Backsides, Meadows, Leasows, Pastures, Feedings, Closes, Inclosures, Waies, Waters, Watercourses, Fishings, Fishing-places, Wastes, Commons, Commons of Pasture and Turbary, Profits, Com­modities, Emoluments, Advantages, Easements, Hereditaments and appurtenances whatsoever to the said Messuage or Tenement called P. or to all or any other the Premisses belonging or in any wise appertai­ning, or to or with the same usually occupied or enjoyed, or accepted, reputed, taken or known as part, parcell or member thereof; And the Reversion or Reversions, Remainder or Remainders of all and singular the said Messuages, Lands, Tenements, Hereditaments and Premisses hereby granted and mentioned to be granted, and of every part and parcell thereof; And the Rents, Services and Profits, to them or any of them incident, belonging or appertaining; And all Rents and year­ly Profits, Reservations and Services, reserved or payable, in, by or upon any Lease or Leases, Grant or Grants, had, made or granted, or mentioned to be made or granted of the Premisses hereby granted or mentioned to be granted, or any of them; And also all the Estate, Right, Title, Interest, Use, Possession, Property, Benefit, Trust, Claim and Demand whatsoever, of them the said T. K. th' elder, and T. K. the younger, J. B. and J. E. or any of them, of, in and to the same of any of them, and of, in and to any part or parcell thereof: And all and every the Deeds, Evidences, Charters, Writings, Counter­parts of Leases, Escripts and Miniments whatsoever, touching or in any wise concerning the Premisses or any part thereof, and which do not concern any other the Lands, Tenements or Hereditaments of the said T. K. th' elder, T. K. the younger, J. B. and J. E. or any of them. All which, or so many of them as the said T. K. th' elder, T. K. the younger, [Page 19] or either of them, have in their possession or custody, or which any other person or persons have or hath in his, her or their hands, custody or possession, by the delivery of the said T. K. th' elder, and T. K. the younger, or any of them, or for their or any of their Use or Uses, and which the said T. K. th' elder and T. K. the younger, or either of them can or may lawfully have, obtain, get or come by without Suit in Law; Together also with true Copies of all such other Deeds, Eviden­ces and Writings as do touch or concern the Premisses hereby granted or mentioned to be granted, or any of them, or any part thereof joint­ly, with any other Lands, Tenements or Hereditaments, of the said T. K. th' elder, T. K. the younger, or either of them, (the said Copies to be made and written at the onely and proper Costs and Charges of the said J. B. his Heirs or Assigns,) The said T. K. th' elder and T. K. the younger do, for themselves, their Heirs, Executors and Administra­tors, covenant, promise, grant and agree to and with the said J. B. his Heirs and Assigns, by these Presents, That they the said T. K. th' elder and T. K. the younger, their Heirs or Assigns, shall and will deliver or cause to be delivered unto the said J. B. his Heirs or Assigns, upon rea­sonable request in that behalf to be made on or before the, &c. now next coming after the date hereof, safe, whole, undefaced and uncan­celled, and in their full force, and in as good case and plight as the same now are, at the time of the sealing and delivery of this present Indenture.

All which Premisses herein before granted or, &c. (56 acres at the most onely excepted) are Freehold Lands, and the rest are Copyhold Lands; To have and to hold the said Messuages, Mills, Lands, Tene­ments, Hereditaments, and all and singular other the Premisses whatso­ever hereby granted or mentioned to be granted, with their and every of their appurtenances (as are Freehold or Charterhold) unto the said J. B. their Heirs and Assigns; To the onely use and behoof of the said J. B. his Heirs and Assigns, for ever, absolutely, without any manner of Condition, Redemption or Revocation in any wise; And to have and to hold the rest and residue of the Premisses, being Copyhold Lands, to the said W. B. his Heirs and Assigns, according to the customs of the several Manors whereof they are held by the Rents and Services thereof due and accustomed.

And the said T. K. th' elder and T. K. the younger, and their Heirs, the said Freehold or Charter hold Messuages, Lands, Tenements, Here­ditaments, and all and singular other the Premisses hereby granted or mentioned to be granted, with their and every of their appurtenances, unto the said J. B. his Heirs and Assigns, against them the said T. K. the elder and T. K. the younger, their Heirs and Assigns, and against all and every other person and persons claiming by, from or under them or either of them, shall and will warrant and for ever defend by these Presents.

And the said T. K. th' elder and T. K. the younger, for themselves, their Heirs, Executors, Administrators and Assigns, and for every of them, do coven [...]nt, promise and grant, to and with the said J. B. his Heirs and Assigns, by these Presents, in manner and form following.

That is to say, That at and immediately before the sealing and deli­very of this present Indenture, (for and notwithstanding any act or thing by them the said T. K. th' elder and T. K. the younger, or either of them, [Page 20] or by any other person or persons, by or with their or either of their privity or consents done or suffered to the contrary) they the said T. K. the elder, T. K. the younger, J. B. and J. E. are or some or one of them is the true and lawfull Owner or Owners, Proprietor or Proprietors of all the said Freehold or Charterhold Messuages, Mills, Lands, Tene­ments, Hereditaments and Premisses hereby granted or mentioned to be granted, and of every part and parcell thereof with th' appurtenances.

And are, or some or one of them is, lawfully, rightfully and abso­lutely seised thereof and of every part and parcell thereof, of a good, pure, absolute and indefesible Estate of Inheritance in Feesimple, with­out any manner of Condition, Contingent, Proviso or Limitation of Use or Uses, or other restraint, matter or thing, to determine, alter or change the same.

And that they, or some or one of them, shall continue so seised there­of, and of every part and parcell thereof, until a good, perfect and ab­solute Estate in Feesimple shall be thereof vested in the said J. B. and his Heirs, according to the intent and true meaning of these Presents.

And that they the said T. K. th' elder, T. K. the younger, J. B. and J. E. (for and notwithstanding any act or thing heretofore done or suf­fered as aforesaid) have, or some or one of them hath, good right, lawfull and absolute power and authority in themselves, or in some or one of them, to bargain, sell, grant, alien and convey, all and sin­gular the said Freehold or Charterhold Messuages, Mills, Lands, Tene­ments, Hereditaments and Premisses hereby granted or mentioned to be granted as aforesaid, and every part and parcell thereof, with th' appur­tenances, unto the said J. B. his Heirs and Assigns, in manner and form aforesaid.

And that the said J. B. his Heirs and Assigns, and every of them, shall or lawfully may from time to time, and at all and every time and times hereafter for ever freely, quietly and peaceably have, hold, occu­pie, possess and enjoy all and singular the said Freehold or Charterhold Messuages, Mills, Lands, Tenements, Hereditaments and Premisses, here­by granted or mentioned to be granted, and every part and parcell thereof, with their and every of their appurtenances, without the lett, suit, trouble, vexation, eviction, disturbance, or other hindrance or mo­lestation whatsoever of the said T. K. th' elder, T. K. the younger, J. B. and J. E. or any of them, their or any of their Heirs, Executors, Admi­nistrators or Assigns, or of any other person or persons whatsoever any thing having or lawfully claiming of, in or out of the said Premisses, or any part or parcell thereof, by, from or under them or any of them.

And farther, That all and singular the said Free-hold or Charterhold Messuages, Mills, Lands, Tenements, Hereditaments and other the Premis­ses, hereby granted or mentioned to be granted, and every part and par­cell thereof, with their and every of their appurtenances, now are, and from hence forth for ever hereafter shall be, remain and continue, unto the said J. B. his Heirs and Assigns, clear and free, and freely, clearly and absolutely, acquitted, freed, exonerated and discharged of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Estates, Intails, Feoffments, Devises, Uses, Rights, Titles, Rents, Arrerages of Rents, Issues, Fines, Post-fines, Amerciaments, Debts, Duties, Judge­ments, Executions, Recognizances, Statutes Merchant and of the Staple, and all other Debts of Record, Extents, Liberata's, Seisures, Charges, [Page 21] Titles, Troubles and Incumbrances whatsoever, had, made, committed, done, knowledged or suffered, or caused to be had, made, committed, done, knowledged or suffered by the said T. K. th' elder, T. K. the youn­ger, or either of them, or by any other person or persons, by or with their or either of their means, consent, privity, knowledge or procure­ment: Saving and except onely such Title of Dower as S. K. Wife of the said T. K. th' elder hath or may have of, in and to the Premisses or any part thereof.

And farther, The said T. K. th' elder and T. K. the younger do for themselves, their Heirs, Executors, Administrators and Assigns, and for every of them, covenant, promise, grant and agree, to and with the said J. B. his Heirs and Assigns, by these Presents, That they the said T. K. th' elder, T. K. the younger, J. B. and J. E. and every of them, their and every of their Heirs and Assigns, and all and every other person and persons whatsoever, any thing having or lawfully claiming in the said Premisses, [...]r any part or parcel thereof, by, from or under them or any of them (other than the said S. Wife of the said T. K. th' elder, for and in respect onely of her Title of Dower,) shall and will from time to time, and at all and every time and times hereafter within the space of seven years next ensuing the date hereof, at and upon the rea­sonable request and proper-costs and charges in the Law of the said J. B. his Heirs or Assigns, doe, make, levie, execute, acknowledge and suffer, and cause to be done, made, levied, executed, acknowledged and suffe­red, all and every such farther and other reasonable Act and Acts, Thing and Things, Devise and Devises, Assurance and Assurances, Conveyance and Conveyances in the Law whatsoever, for the farther, better and more perfect Assurance, Surety, Sure-making, conveying, settling, esta­blishing and confirming of the said Freehold or Charterhold Messuages, Mills, Lands, Tenements, Hereditaments and Premisses, with th' appur­tenances, and of every or any part or parcell thereof, unto and upon the said J. B. his Heirs and Assigns; Be it by Fine or Fines, Feoffment or Feoffments, Deed or Deeds indented or pole-inrolled or not inrolled, Common Recovery or Recoveries, with single, double, or treble Vou­cher or Vouchers, Release or Confirmation, or by all and every or any of the said waies and means, or by any other waies or means in the Law whatsoever, as by the said J. B. his Heirs or Assigns, or by his or their Council Learned in the Law shall be reasonably devised, advised or re­quired; So as the said farther Assurances so to be made, or any of them, do not nor shall contain any farther or other Warranty or Covenants for enjoying, than onely against the Parties thereunto respectively, and their respective Heirs, and touching and concerning Acts and Deeds done or suffered by them, or any of them, severally and respectively; And so as for the making, knowledging and executing of such farther Conveyances and Assurances or any of them, the persons that shall be required to make or execute the same, be not compelled nor compel­lable to travel for the doing thereof above the space of ten miles from the place of his, her or their habitation or abode at the time of such re­quest to be made as aforesaid.

And it is hereby covenanted, granted, concluded and agreed by and between the said Parties to these Presents, for them and their Heirs; And they do hereby publish and declare, That all and singular Fine and Fines, Common Recovery and Recoveries, and farther Assurances [Page 22] and Conveyances whatsoever of the said Premisses hereby granted or mentioned to be granted, or any part or parcell thereof hereafter to be had, made, levied, executed or acknowleged between the said Parties to these Presents, or any of them, or whereunto they or any of them shall be Party or Parties, shall be and enure, and shall be construed, expounded, adjudged, deemed and taken to be and enure; And that all and every person and persons which now stand and be seised of the Pre­misses hereby granted or mentioned to be granted, or of any part or parcell thereof, shall stand and be seised thereof, and of every part and parcell thereof; To the onely proper use and behoof of the said J. B. his Heirs and Assigns for ever, and to none other use, intent or purpose whatsoever.

And the said J. B. for himself, his Heirs, Executors and Administra­tors, doth covenant, promise and agree to and with the said J. B. his Heirs and Assigns, by these Presents, That he the said J. B. hath not done, or willingly and wittingly suffered to be done any act or thing whereby the said Freehold or Charterhold Messuages, Mills, Lands, Te­nements, Hereditaments and Premisses hereby granted or mentioned to be granted, or any of them, are or may be impeached, charged or in­cumbred in Title, Charge, Estate or otherwise.

The like Covenant from J. E. to J. B. In witness, &c.

Feoffment of a Manor, Advowson of a Rectory, Capital House, Parsonage impropriate, &c.

THis Indenture made, &c. Between D.D. of T.G. in the County of E. Esquire, J. D. of the Parish of, &c. brother of the said D. D. and Do. D. of C. in the County of K. sister of the said D. and J. of the first part; R. A. of L. Esquire, of the second part; and R. H. of L. Gent. of the third part; Witnesseth, That the said D. D. for and in considerati­on of the Sum of 3800 li. of, &c. to him in hand paid by the said R. A. at or before the sealing and delivery of this present Indenture; the Re­ceipt whereof the said D. D. doth hereby acknowledge, and thereof, and of every part and parcell thereof, doth clearly and absolutely ac­quit, exonerate and discharge the said R. A. his Executors and Admini­strators, for ever, by these Presents; Hath granted, bargained, sold, ali­ened, enfeoffed and confirmed; And, by these Presents, for him and his Heirs, doth clearly and absolutely grant, bargain, sell, alien, enfeoff and confirm unto the said R. A. his Heirs and Assigns; All that the Ma­nor or Lordship of G. alias G.-hall, alias T. G. with the Rights, Members and appurtenances thereof in the County of E. And the Advowson and Right of Patronage of and unto the Rectory of T. G. in the said Coun­ty of E. and View of Frankpledg within the said Manor and Parish of T. G. or either of them; And all that Capital Messuage or Mansion-house commonly called G. H. in T. G. aforesaid; and all Edifices, Buil­dings, Orchards, Gardens, Backsides, Courts, Curtilages, and other ap­purtenances thereunto belonging, or therewith enjoyed; And also all those Fields, Closes, Lands, Tenements and Hereditaments called or known by the several names of, &c. And also all that the Rectorie or [Page 23] Parsonage impropriate of the Church of T. G. aforesaid; And all Glebe­lands, Tythes, (aswell great as small,) Portions, Pensions, Oblations, Obventions, Profits, Fruits and Emoluments whatsoever to the same be­longing or in any wise appertaining; Together also with the Advow­son, Patronage, Right of Patronage, Gift, Nomination, Presentation, Free-disposition and Donation of, in and unto the Vicarage and Parish-church of T.G. aforesaid; And also all and singular other the Messuages, Houses, Dove-houses, Barns, Stables, Edifices, Buildings, Mills, Kills, Tofts, Crofts, Curtilages, Yards, Orchards, Gardens, Backsides, Lands, Tenements, Meadows, Leasowes, Pastures, Feedings, Closes, Inclosures, Woods, Under-woods, Trees, Farms, Granges, Rents, Reversions, Annuities, Fee-farms, Rents, and Services of Tenants and Farmers, Rents of Assise, Rents-seck, Quit-rents and Free-rents, Waies, Paths, Waters, Streams, Fishings, Fishing-places, Watercourses, Ponds, Pooles, Motes, Meres, War­rens, Wastes, Commons, Furzes, Heaths, Moors, Common of Pasture and Turbary, Sheep-walks, Foldage and Liberty of Foldcourse, Suit, Mulcture, Courts, Courts-barons, Courts-leets, View of Frankpledge, and all that which to View of Frankpledge appertaineth; perquisites and profits of Courts and Leets, Knights Fees, Wards-marriages, Homages, Fealties, Reliefs, Escheats, Heriots, Fines, Amerciaments, Goods and Chattels of Felons and Fugitives, and of persons attainted, and of persons out­lawed and put in Exigent, and of Felons de se, Deodands, Waifs, E­straies, Treasure-trove, Markets, Fairs, Profits and Tolls of Markets and Fairs, Fines, Forfeitures, Mynes, Quarries, Delfs; And all other Royalties, Franchises, Liberties, Rights, Jurisdictions, Privileges, Im­munities, Profits, Commodities, Emoluments, Advantages, Easments, Hereditaments and appurtenances whatsoever, to the said Manor, Ad­vowson, Rectory, Messuages, Lands, Tenements and Premisses, or to any of them, or to any parcell of them or any of them respectively, ly­ing, being, belonging or in any wise appertaining, or to or with the same, or within the same or any of them occupied, enjoyed, taken, had or perceived, or accepted, reputed, adjudged, deemed or taken as part, parcell or member of the same or any of them, or to belong or appertain thereunto or to any of them; And all other the Lands, Te­nements and Hereditaments of the said D. D. in the Parish of T. G. or elsewhere in the said County of E.

And the said D. D. doth farther, by these Presents, (for the Con­sideration aforesaid) grant, bargain, sell, alien and confirm unto the said R. A. his Heirs and Assigns, the Reversion and Reversions, Remainder and Remainders of all and singular the said Manor, Advowson, Recto­ry, Messuages, Lands, Tenements, Hereditaments and Premisses hereby granted, bargained and sold, or meant, mentioned or intended to be granted, bargained or sold, and of every part and parcell thereof; And the Rents, Services and Profits to them or any of them incident, belon­ging or appertaining; And all Rents and yearly Profits, Reservations and Services reserved or payable in, by or upon any Lease or Leases, Grant or Grants had, made or granted, or mentioned to be made or granted of the Premisses hereby granted or mentioned to be granted, or any of them; And also all the Estate, Right, Title, Interest, Use, Pos­session, Propertie, Benefit, Trust, Claim and Demand whatsoever, of the said D. D. of, in and to the said Manor, Lordship, Advowson, Rec­tory, Messuages, Lands, Tenements, Hereditaments and Premisses what­soever, [Page 24] hereby granted, bargained and sold, or mentioned or intended to be granted, bargained or sold, or any of them, and of, in and to any part or parcell thereof; And all and every the Deeds, Charters, Wri­tings, Evidences, Terrars, Court-rolls, Court-books, Rentals, Surveys, Boundaries, Counter-parts of Leases, Fines, Chyrographs of Fines, Ex­emplifications of Fines and of Common Recoveries, and of other Re­cords, Escripts and Miniments whatsoever, touching or in any wise con­cerning the said Manor, Lordship, Advowson, Rectory, Messuages, Lands, Tenements, Hereditaments and Premisses whatsoever, hereby granted or mentioned to be granted, or any of them, or any part or par­cell thereof, and do not concern any other the Lands, Tenements or Hereditaments of the said D. D. All which, or so many of them as the said D. D. hath in his possession or custody, or which any other person or persons have or hath in his, her or their hands, custody or possession, by the Delivery of the said D. D. or for him, or for his use; And which the said D. D. can or may lawfully have, obtain, get or come by, without Suit in Law; Together also with true Copies of all such other Deeds, Evidences and Writings as do touch or concern the Premisses hereby granted or mentioned to be granted, or any of them, or any part there­of, jointly with any other Manors, Lordships, Lands, Tenements or He­reditaments of the said D. D. (the said Copies to be made and written at the onely and proper Costs and Charges of the said R. A. his Heirs or Assigns,) the said D. D. doth for himself, his Heirs, Executors and Ad­ministrators, covenant, promise, grant and agree, to and with the said R. A. his Heirs and Assigns, by these Presents, That he the said D. D. his Heirs or Assigns, shall and will deliver or cause to be delivered unto the said R. A. his Heirs or Assigns, upon reasonable request in that be­half to be made, on or before the, &c. now next coming after the date hereof, safe, whole, undefaced and uncancelled, and in their full force, and in as good case and plight as the same now are at the time of the Sealing and Delivery of this present Indenture: To have and to hold the said Manor, Lordship, Advowson, Rectory, Messuages, Lands, Te­nements, Hereditaments, and all and singular other the Premisses here­by granted, bargained and sold, or mentioned or intended to be gran­ted, bargained or sold, and every part and parcell thereof, with all and singular their and every of their appurtenances, unto the said R. A. his Heirs and Assigns; To the onely use and behoof of the said R. A. his Heirs and Assigns for ever, absolutely, without any manner of Condi­tion, Redemption or Revocation in any wise.

And the said D. D. and his Heirs, the said Manor, Lordship, Advow­son, Rectory, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby granted and sold, or mentioned to be granted or sold, and every part and parcell thereof, with all and sin­gular their and every of their rights, members and appurtenances, unto the said R. A. his Heirs and Assigns, against him the said D. D. his Heirs and Assigns, and every of them, and against all and every person and persons claiming by, from or under them or any of them, or by, from or under C. D. deceased, late Father of the said D. D. or by, from or un­der Sir D. D. deceased, late Grandfather of the said D. D. and against all and every of them, shall and will warrant and for ever defend, by these Presents.

And the said D. D. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said R. A. his Heirs and Assigns, by these Presents, in manner and form following.

That is to say; That he the said D. D. at and immediately before the Sealing and Delivery of this present Indenture (for and notwith­standing any act or thing by him the said D. D. or by the said C. D. late Father of the said D. D. or by the said Sir D. D. late Grandfather of the said D. D. or by any of them, or by any other of the Ancestors of the said D. D. or by any other person or persons, by or with their or any of their privity or consents done or suffered to the contrary) is the sole, true and lawfull Owner and Proprietor of the said Manor, Lord­ship, Advowson, Rectory, Messuages, Lands, Tenements, Hereditaments and Premisses, hereby granted or mentioned to be granted, and of eve­ry part and parcell thereof with the appurtenances; And is solely, law­fully, rightfully and absolutely seised thereof and of every part and par­cell thereof of a good, pure, absolute and indefesible Estate of Inheri­tance in Fee-simple or Fee-tail, without any manner of condition, con­tingent, proviso or limitation of use or uses, or other restraint, matter or thing, to determine, alter or change the same; And that he shall con­tinue so seised thereof, and of every part and parcell thereof, until a good, perfect and absolute Estate in Fee-simple shall be thereof vested in the said R. A. and his Heirs, according to the intent and true meaning of these Presents.

And that the said D. D. (for and notwithstanding any act or thing heretofore done or suffered as aforesaid) now hath good right, lawfull and absolute power and authority in himself to bargain, sell, grant, ali­en and convey all and singular the said Manor, Lordship, Advowson, Rectory, Messuages, Lands, Tenements, Hereditaments and Premisses, hereby granted or mentioned to be granted as aforesaid, and every part and parcell thereof, with th' appurtenances, unto the said R. A. his Heirs and Assigns, in manner and form aforesaid.

And that the said R. A. his Heirs and Assigns, Farmers and Tenants, and every of them, shall or lawfully may from time to time, and at all and every time and times hereafter, for ever, freely, quietly and peace­ably, have, hold, occupy, possess and enjoy all and singular the said Ma­nor, Lordship, Advowson, Rectory, Messuages, Lands, Tenements, He­reditaments and Premisses hereby granted or mentioned to be granted, and every part and parcell thereof, with all and singular their and eve­ry of their appurtenances; And all and every the Rents, Revenues, Is­sues, Profits and Commodities thereof, and of every part and parcell thereof, coming, arising and growing, have and take, without any manner of lett, suit, trouble, vexation, eviction, disturbance, or other hindrance or molestation whatsoever of the said D. D. his Heirs or As­signs, or of any other person or persons whatsoever any thing having or lawfully claiming in the said Premisses or any part or parcell thereof, by, from or under him the said D. D. or the said C. D. late Father of the said D. D. or the said Sir D. D. late Grandfather of the said D. D. or any other of the Ancestors of him the said D. D. or any of them, other than of the persons and Lessees whose Estates and Interests are hereafter in these Presents excepted, for and in respect onely of the said Estates and Interests so excepted, and not otherwise.

And also that the said Manor, Lordship, Advowson, Rectory, Messu­ages, Lands, Tenements, Hereditaments, and all and singular other the Pre­misses hereby granted or mentioned or intended to be granted as aforesaid, and every part and parcell thereof, with all and singular their and every of their appurtenances, now are and from henceforth for ever hereafter shall remain, continue and be unto the said R. A. his Heirs and Assigns clear and free, and freely, clearly and absolutely acquitted, freed, exone­rated and discharged of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Feoffments, Devises, Uses, Joyntures, Dowers, Intails, Estates, Leases, Rights, Titles, Rents, Arrerages of Rents, Issues, Fines, Post-fines, Amerciaments, Debts, Duties, Judgments, Executions, Recognizances, Statutes Merchant and of the Staple; And all Debts of Record, Extents, Liberata's, Seisures, Sequestrations, Decrees, Charges, Titles, Troubles, Forfeitures and Incumbrances whatsoever, had, made, committed, done, knowledged or suffered, or caused to be had, made, committed, done, knowledged or suffered by the said D. D. or by the said C. D. late Father of the said D. D. or by the said Sir D. D. Grandfather of the said D. D. or by any other of the Ancestors of the said D. D. or by any other person or persons whatsoever, by or with their or any of their means, consent, act, privity, knowledge or pro­curement:Exception of the Leases in being. (One Lease by Indenture, dated the, &c. made by the said D. D. unto one H. E. for a term of years whereof three years onely or near thereabouts is yet to come and unexpired, of and in a certain Close called, &c. (parcell of the Premisses hereby granted or mentioned to be granted) at and under the yearly Rent of 5 li. payable during all the said term at such daies as is therein mentioned; And one other Lease by Indenture, bearing date the, &c. whereby one parcell of Land called, &c. containing, &c. (parcell of the Premisses hereby granted or mentioned to be granted) is demised unto T. N. for the term of, &c. years, from the Feast of, &c. next ensuing the date of the said Inden­ture, at and under the yearly Rent of 11 li. for the first three years of the said term, and 12 li. for and during all the rest of the said term, payable at such daies as is therein mentioned; And one other Lease by Indenture, &c. onely excepted and foreprised:) All which said several yearly Rents of 5 li. 12 li. &c. in the said several Indentures of Lease shall continue and become due and payable to the said R. A. his Heirs and Assigns during the continuance of the said several Leases respectively.

And the said D. D. for himself and Eliz. his Wife, and for his Heirs, Executors and Administrators; and the said J. D. for himself, his Heirs, Executors and Administrators; and the said Dorothy D. for herself, her Heirs, Executors and Administrators; severally, and not jointly, nor one for another, or for the acts of the other, but for their own acts onely, do covenant, promise, grant and agree to and with the said R. A. his Heirs and Assigns, by these Presents, That they the said D. D. and E. his Wife, J. D. and D. shall and will at the proper costs and charges in the Law of the said R. A. his Heirs or Assigns, or one of them, on this side and before the end of Easter Term next and immediately ensuing the date of these Presents, acknowledge and levie in due form of Law, ac­cording to the Laws and Statutes of England, one Fine, sur Conusans de droit come ceo que il ad de lour done, &c. to be ingrossed, recorded and sued forth with Proclamations, according to the Laws and Statutes of England in such case made and provided, and according to the usuall [Page 27] course of Fines in such case used and accustomed, unto the said R. A. and his Heirs; of all the said Manor, Advowson, Rectory, Messuages, Lands, Tenements, Hereditaments and Premisses whatsoever, hereby granted or mentioned to be granted, and of every part and parcell thereof, with their and every of their appurtenances; Which Fine shall be and enure, and shall be adjudged, construed, expounded, deemed and taken, to be and enure, and is, by these Presents, and by all the said Parties to these Presents, declared and agreed to be and enure to the onely and proper use and behoof of the said R. A. and his Heirs and Assigns for ever; And to none other use, intent or purpose.

And it is farther covenanted, concluded and agreed by and between the said Parties to these Presents, That after the said Fine so levied as aforesaid, one Recovery, in the nature of a Common Recovery, or Re­coveries for Assurance of Lands, shall in due form of Law be had, ex­ecuted and perfected against him the said R. A. of all the said Manor, Advowson, Rectory, Messuages, Lands, Tenements, Hereditaments and Premisses, whereof the said Fine shall be levyed as aforesaid; And the said D. D. for himself, his Heirs, Executors and Administrators, doth covenant, grant and agree to and with the said R. A. his Heirs and As­signs, by these Presents, That he the said D. D. and his Heirs, shall and will, at the proper costs and charges of the said R. A. his Heirs or As­signs, or some of them, before the end of Easter Term next ensuing the date hereof, doe and suffer to be done, all and every such act and acts, whereby a Common Recovery as aforesaid may be had, prosecuted, ex­ecuted and perfected upon a Writ of Entry to be had and brought in the name of the said R. H. or of some other person or persons in that behalf to be nominated by the said R. A. against the said R. A. and his Heirs, of the said Manor, Advowson, Rectory, Messuages, Lands, Tenements, Hereditaments and Premisses, with their and every of their rights, mem­bers and appurtenances intended to be comprised in the said Fine with Voucher over to the said D. D. The said Fine and Recovery and Reco­veries and every of them to be by such name and names, quantity and number of Acres and with such Voucher or Vouchers over, and in such manner and form as by the said R. A. his Heirs or Assigns, or his or their Council Learned in the Law shall be reasonably devised or advised and required.

And the said D. D. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth further covenant, promise and grant to and with the said R. A. his Heirs and Assigns, and every of them, by these Presents, That he the said D. D. and Eliz. his Wife, and the Heirs and Assigns of the said D. D. and all and every other person and persons whatsoever, having or lawfully claiming, or which shall or may at any time or times hereafter have or lawfully claim any Estate, Right, Title or Interest, of, in or to the Premisses hereby granted or mentioned to be granted, or of, in or to any part or parcell thereof, by, from or under the said D. D. or the said C. D. Father of the said D.D. or the said Sir D. D. Grandfather of the said D. D. or any other of the Ancestors of the said D. D. or by, from or under any of them, (other than the Persons and Lessees, and their Assigns, whose Estates and In­terests are before in these Presents excepted, for and in respect onely of the same Estates and Interests so excepted) shall and will from time to time, and at all and every time and times hereafter, within the space of [Page 28] seven years next ensuing the date of this present Indenture; At and up­on the reasonable request and proper costs and charges in the Law of the said R. A. his Heirs and Assigns, or some of them, doe, make, levie, ex­ecute, acknowledge and suffer, and cause to be done, made, levied ex­ecuted, acknowledged and suffered: All and every such farther and other reasonable Act and Acts, Thing and Things, Devise and Devises, Assu­rance and Assurances, Conveyance and Conveyances in the Law what­soever, for the farther, better and more perfect Assurance, Surety, sure-making, conveying, settling, establishing, or Confirmation of the said Manor, Lordship, Advowson, Rectory, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby granted or mentioned to be granted, or any of them, and of every or any part or parcell thereof, with all and singular their and every or any of their appurtenances, unto the said R. A. his Heirs and Assigns; Be it by Fine or Fines, Feoffment or Feoffments, Deed or Deeds indented or pole-inrolled, or not inrolled, Common Recovery or Recoveries, with single, double, or treble Voucher or Vouchers, Release or Confirmati­on, or by all and every or any of the said waies and means, or by any other waies and means in the Law whatsoever; As by the said R. A. his Heirs or Assigns, or by his or their Council Learned in the Law shall be reasonably devised, advised or required; So as the said farther Assu­rances so to be made, or any of them, do not nor shall contain any far­ther or other Warranty or Covenants for enjoying, than onely against the Parties thereunto respectively and their respective Heirs, and tou­ching and concerning acts and deeds done or suffered by them or any of them; And so as for the making, knowledging and executing of such farther Conveyances and Assurances, or any of them, the persons that shall be required to make or execute the same be not compelled nor compellable to travell for the doing thereof above the space of twenty miles from his, her or their place of habitation or abode at the time of such request to be made as aforesaid.

And it is hereby covenanted, granted, concluded and agreed by and between the said Parties to these Presents, for them and their Heirs; And they do hereby publish and declare, That the said Common Reco­very herein before covenanted to be had and executed against the said R. A. and all and singular other Fine and Fines, Common Recoveries and farther Assurances and Conveyances whatsoever herein before cove­nanted to be made, done, levied, executed or acknowledged, and every of them; And all and singular other Fine and Fines, Recovery and Re­coveries, and other Assurance and Assurances whatsoever of the said Premisses hereby granted or mentioned to be granted, and every or any part or parcell thereof hereafter to be had, made, levied, executed or ac­knowledged between the said Parties to these Presents or any of them, or whereunto they or any of them shall be Party or Parties, shall be and enure, and shall be construed, expounded, adjudged, deemed and taken to be and enure; And that all and every person and persons which now stand and be seised or which shall at any time or times here­after stand and be seised of the Premisses hereby granted or mentioned to be granted, or any part or parcell thereof, shall stand and be seised thereof, and of every part and parcell thereof; To the onely proper use and behoof of the said R. A. his Heirs and Assigns for ever, and to none other use, intent or purpose in any wise whatsoever.

And for the better execution of these Presents,Letter of At­torney to de­mand Posses­sion and Sei­sin. the said D. D. hath constituted, appointed and in his place and stead put; And, by these Presents, doth constitute, appoint and in his place and stead put, the said Ro. H. his true and lawfull Attorney for him and in his name, place and stead, to enter into the said Manor, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby granted or mentioned to be granted, or any part or parcell thereof in the name of the whole, and quiet and peaceable possession and seisin thereof, and of every part and parcell thereof, or of any part or parcell thereof, in the name of the whole, for and in the name of the said D. D. to have and take; And after such Entry had and made, and possession and seisin so had and taken as aforesaid, to deliver quiet and peaceable pos­session and seisin thereof, and of every part and parcell thereof, or of any part or parcell thereof, in the name of the whole, unto the said R. A. or to his certain Attorney or Attornies in that behalf lawfully au­thorized to take and receive the same; To be had and held according to the tenor, form and effect of these Presents; And whatsoever the said Attorney of the said D. D. shall doe in the Premisses, he the said D. D. doth and shall hereby ratifie, confirm and allow, as fully as if the said D. D. had been present and done the same in his own person. In wit­ness, &c.

And it is also covenanted,Covenant, That the Fine cove­nanted to be levied shall be to the use of the Pur­chasor. concluded and agreed by and between the said parties to these Presents, for them and their Heirs; And all the said parties to these Presents do hereby declare; That the said Fine or Fines herein before covenanted to be levied as aforesaid; And all and every other Fine and Fines whatsoever to be had and levied by and between the said parties to these Presents or any of them, or whereunto they or any of them shall be party or parties, shall be and enure, and shall be construed, expounded, adjudged, deemed and taken to be and enure; And that the Conusee or Conusees in the said Fine or Fines, and all and every other person and persons whatsoever that by force and virtue of the said Fine or Fines, or any other Fine or Fines, shall be seised of the Premisses, or any part thereof, shall stand and be seised thereof, and of every part and parcell thereof; To the onely use and behoof of the said H. Earl of K. Marquess D. his Heirs and Assigns for ever; And to none other use, intent or purpose whatsoever.

And lastly, It is fully concluded and agreed upon,That the Purchasor shall bear the Loss, if any, and the Grantor not liable to make good. by and between the said parties to these Presents; And the true intent and meaning of them, and every of them, and of these Presents, is; And the said Sir J. P. and W. R. do hereby expresly declare the same so to be; That they the said Sir J. P. and W. R. do accept and take the said two parts of the said Lands and Premisses abovementioned, to be hereby granted as an Adventure, upon their own perils, and not otherwise; and do so buy and purchase the same; And therefore the said Sir J. P. for himself, his Heirs, Executors and Administrators; and the said W. R. for himself, his Heirs, Executors and Administrators; each of them severally, and not jointly, nor one for the other, or for the acts of the other, or of the Heirs, Executors or Administrators of the other, but for their own acts onely; do hereby covenant, promise and grant to and with the said E.C. his Heirs and Assigns; That in case they the said Sir J. P. and W. R. or either of them their or either of their Heirs or Assigns, shall at any time or times hereafter be disturbed, troubled, molested, hindred, interrupted [Page 30] or debarred in or from obtaining the possession or profits of the said Pre­misses hereby granted or mentioned to be granted or any part or parcell thereof, or in the possession or enjoyment of the same, by any person or persons, or by any waies, means or occasion whatsoever; Except by the said E. C. his Heirs or Assigns, or any person or persons claiming by, from or under him or them, or by any act or thing done or to be done, or wittingly or willingly permitted or suffered to be done by him or them or any of them; That then and in such case they the said Sir J. P. and W. R. their Heirs and Assigns, shall and will bear and sustein all and every such losses, prejudice and damages as shall thereby come or arise; And that the said E. C. his Heirs or Assigns, or any of them, shall not be therefore questioned or sued by the said Sir J. P. and W. R. or either of them, their or either of their Heirs, Executors or Assigns; nor be li­able or compellable either in Law or Equity to recompense, satisfie or make good any manner or kind of loss, damage or detriment which shall thereby happen, arise or come unto, or be sustained by the said Sir J. P. and W. R. or either of them, their or either of their Heirs or Assigns; These Presents, or any thing therein, or in the said Indenture of Lease, or either of them, contained to the contrary thereof in any wise not­withstanding.

Covenant, That the Vendor shall surrender the Copi­hold-lands by a certain time. And the said C. Earl of D. for himself, his Heirs, Executors and Admi­nistrators, &c. doth covenant, promise and grant to and with the said R. Y. and J. P. their Heirs and Assigns, by these Presents, That he, the said C. Earl of D. his Heirs and Assigns, shall and will from time to time, and at all times within the space of seven years next ensuing the date hereof, at and upon the reasonable request and proper costs and charges in the Law of the said R. Y. and J. P. their Heirs and Assigns, or some of them, surrender, by himself, or by some other person or persons on that behalf lawfully authorised by Letter of Attorney, according to the cu­stom of the said Manor, into the hands of the Lord or Lords of the Ma­nor of M. for the time being, all such and so much of the said Messuages, Lands and Premisses as are Copihold or of the nature of Copihold, To the use of the said R. Y. and J. P. their Heirs and Assigns for ever.

Covenant to pay Quit-rents.

THis Indenture made the, &c. between R. S. of J. &c. Esquire, of th'one part; and D. C. of, &c. Gent. of th'other part: Where­as the said R. S. and R. A. of L. Merchant, have purchased or agreed to purchase to them and the Heirs of the said R. S. for ever, of the said D. C. and Sir J. P. of L. Knight; All that the Manor or Lordship, Scite ca­pital, Messuage or Mansion-house of H. in the County of B. with its rights, members and appurtenances; And divers Messuages, Lands, Te­nements, Meadows, Leasows, Closes, Pastures, Rents, Services and Here­ditaments in the said County of B. As in and by the Assurances in that behalf made or agreed to be made will plainly appear; And whereas two several yearly rents or annuities are issuing or payable out of or in respect of the said Manor and Premisses, and other Lands and Tenements heretofore of T. B. of, &c. Esquire, some part thereof, (viz.) One year­ly [Page 31] rent of 40 s. of, &c. payable for ever unto the Lord of the Manor of M. in the said County of B. for the time being; And also one other yearly rent of 40 s. more, or thereabouts, of like lawfull money, pay­able for ever unto the Lord of the Manor of S. in the County of M. for the time being: And whereas in and by one Indenture bearing date the, &c. in the year, &c. made or mentioned to be made between the said D. C. of th' one part, and the said T. B. of th' other part; the said D. C. did covenant, promise and grant to and with the said T. B. That he the said D. C. his Heirs and Assigns, or some of them, should and would from time to time and at all times thereafter well and truly pay or cause to be paid the said several yearly rents of forty shillings and 40 shillings to the several persons respectively, to whom the same ought to be paid as aforesaid, and as the same should from time to time grow due and payable; And thereof and therefrom save harmless and keep indemnified the said T. B. his Heirs and Assigns, and his and their Lands, Tenements, Goods, Cattells and Chattells; and also the Lands, Tenements, Goods, Cattels and Chattells of all and every such person and persons, their Heirs and Assigns, as had theretofore purchased any Lands or Tenements of the said T. B. As in and by the said Indenture (relation being thereunto had) may more at large appear.

Now this Indenture witnesseth, That it is covenanted and agreed by and between the said Parties to these Presents and the said R. S. doth by these Presents, for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, covenant, promise and grant to and with the said D. C. his Heirs and Assigns, and every of them, That he the said R. S. his Heirs and Assigns, or some of them, shall and will from time to time, and at all times hereafter, well and truly pay or cause to be paid the said several yearly rents of 40 s. and 40 s. to the several persons re­spectively to whom the same ought to be paid as aforesaid, and as the same shall from time to time grow due and payable; And thereof and therefrom save harmless and keep indemnified as well the said T. B. his Heirs and Assigns, and his and their Lands, Tenements, Goods, Cat­tells and Chattells, as also the said D. C. his Heirs and Assigns, and his and their Lands, Tenements, Goods, Cattells and Chattells, and like­wise the Lands, Tenements, Goods, Cattells and Chattells of all and eve­ry such person and persons, their Heirs and Assigns, as have heretofore purchased any Lands or Tenements of the said T. B. In witness, &c.

A Feoffment of Freehold Lands, and to surrender Copihold.

AND this Indenture farther witnesseth, That (for the consi­deration aforesaid) he the said A. B. for himself, his Heirs, Exe­cutors, Administrators and Assigns, and for every of them, doth cove­nant, promise and grant to and with the said J. G. his Heirs and Assigns, by these Presents, That he the said A. B. or his Heirs, shall and will, at the next Court-baron to be held for the Manor of W. in the said Coun­ty of S. or at any other time or times, upon the request of the said J. G. his Heirs or Assigns, but at the proper costs and charges of the said A.B. [Page 32] or his Heirs, surrender into the hands of the Lord of the said Manor of W. or to the Steward thereof, or otherwise, according to the custom of the said Manor, To the use of the said J. G. his Heirs and Assigns, All those Lands, Tenements and Hereditaments herein after mentioned which he the said A. B. doth hold of the Manor aforesaid by Copy of Court-roll, according to the custom of the said Manor; (that is to say,) One piece of Land called, &c. And all other the Copihold or Custo­mary Lands of the said A. B. held of the said Manor of W. And farther, The said A. B. (for the consideration aforesaid) for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said J. G. his Heirs and Assigns, by these Presents, That he the said A. B. or his Heirs, shall and will, at the next Court-baron to be held for the Manor of C. in the said County of S. or at any other time or times, upon the request of the said J. G. his Heirs or Assigns, but at the proper costs and charges of the said A. B. or his Heirs, surrender into the hands of the Lord of the said Manor of C. or to the Steward thereof, or otherwise, according to the custom of the said Manor, To the use of the said J. G. his Heirs and Assigns, All those Lands, Tenements and Hereditaments herein after mentioned which he the said A. B. doth hold of the Manor aforesaid by Copy of Court roll, according to the Custom of the said Manor, (that is to say,) One piece of Copihold-land containing, &c. And all other Copihold-lands of the said A. B. held of the Lord of the said Manor of C. And the said A. B. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth farther covenant, promise and grant to and with the said J. G. his Heirs and Assigns, by these Presents, That he the said A. B. his Heirs, Executors or Administrators, shall and will pay the Fines due for Admittances of the said J. G. or his Heirs, in­to the said respective Copihold-lands, unto the Lords of the said Ma­nors respectively; And that he the said A. B. and his Heirs, from time to time, and at all times hereafter, within the space of seven years next en­suing the date hereof, at and upon the reasonable request and proper costs and charges in the Law of the said J. G. his Heirs or Assigns, shall and will make and doe all and every such farther and other lawfull and reasonable acts and things, for the farther, better and more perfect assu­ring and conveying of all and singular the said several Copihold-lands and Tenements, and all other the Copihold-lands of the said A. B. in the said County of S. To or to the use of the said J. G. his Heirs and Assigns, as by the said J. G. his Heirs or Assigns, or by his or their Council Lear­ned in the Law, shall be reasonably devised or advised and required; And that at the time of such Surrender or Surrenders, or other Assu­rance or Assurances to be made of the same Copihold-lands and Premisses; All and singular the said Copihold-lands and Premisses so to be surren­der'd or otherwise conveyed as aforesaid shall be free and clear, and free­ly, clearly and absolutely acquitted, freed and discharged of and from all former Surrenders and Forfeitures, or other Incumbrances whatsoever, had, made, done, or willingly and wittingly suffered by him the said A. B. or by any other person or persons whatsoever. In witness, &c.

Covenant to produce E­vidences. And lastly, The said H. H. for himself, his Heirs, Executors and Ad­ministrators, doth covenant and grant to and with the said W. E. of D. his Heirs and Assigns, by these Presents, That the said H. H. his Heirs or Assigns, shall and will from time to time, and at all times hereafter, [Page 33] upon the request, and at the costs and charges of the said W. E. of D. his Heirs or Assigns, produce and set forth or cause to be produced and shewed forth, in any Court or Courts of Record in Law or Equity or else­where, All and every, or any the Deeds, Evidences and Writings parti­cularly mentioned and expressed in the Schedule indented to these Pre­sents annexed, (provided they be not destroyed by Fire or other inevi­table Accident) when and as often as there shall be occasion to make use of them or any of them for the maintenance and justification of the Title of the said W. E. of D. his Heirs or Assigns, in and to the said par­cells of Ground and Premisses or any of them, or any part or parcell of them or any of them. In witness, &c.

And farther also, That he, the said W. H. and his Heirs, shall and will, from time to time and at all times hereafter for ever, well and suffi­ciently save and keep harmless the said J. St. J. and T. S. their Heirs and Assigns, and every of them the said Manor, Lands and Premisses, and every part and parcell thereof, of and from all Rents and Annuities here­tofore granted out of the said Manor and Premisses, or any part or par­cell thereof to T. S. of N. or wherein the said T. S. hath any Estate or Interest whatsoever; And also of and from all Judgments by R. M. and A. his Wife, or either of them, or any of the Co-heirs of the said W. S. to J. A.

And lastly, Covenant to levy a Fine to corroborate a Mortg. Lease. It is hereby declared and fully agreed by and between all the said Parties to these Presents; And the said A L. for himself, his Heirs, Executors and Administrators, and for every of them, doth cove­nant and grant to and with the said T. R. his Executors and Administra­tors, by these Presents, That he the said A. L. shall and will, before the end of T. Term next ensuing the date hereof, acknowledge and levie in due form of Law unto the said E. G. and his Heirs,E. G. named Conusee for T. R. one Fine Sur Conu­sans de Droit come ceo, &c. of all that the said Manor or Lordship of W. and all and singular other the Premisses in the said County of B. by such apt and convenient name and names, numbers of messuages and acres, and other certainties as shall be fit and requisite; Which said Fine shall be and enure, and shall be construed, expounded, deemed and taken to be and enure; And is hereby declared to be and enure in the first place to and for the corroboration and confirmation of this present Lease, Demise and Grant, subject unto and under the condition aforesaid; And after, to such other uses as shall be thereof declared by the said A. L.

And the said A. L. for himself, his Heirs, Executors,Covenant for the yearly value of the mortgaged Premisses. Administrators and Assigns, and for every of them, doth farther covenant, promise and grant to and with the said T.R. his Executors, Administrators and Assigns, by these Presents, That the said Manors, Capital Messuages, Farms, Lands, Tenements, Hereditaments and other the Premisses hereby demised or mentioned to be demised, now are, and from and after any default in payment of the said Monies herein before covenanted to be paid during the Life of K. W. Widow, shall remain, continue and be unto the said T. R. his Executors, Administrators and Assigns, of the full and clear yearly value of 400 li. over and above all Charges and Reprizes issuing and going out of the same; And after her death, of the full and clear yearly value of 500 li. by the year over and above all Charges and Re­prizes issuing and going out of the same.

A Bargain and Sale for six months, to enable the Bargainor to grant, release and convey Lands.

THis Indenture made, &c. between the right honourable A. Lord Viscount C. of the one part; and W. Lord P. of the other part, Witnesseth, That the said A. Lord Viscount C. for and in considerati­on of the sum of 10 s. of, &c. to him in hand paid by the said W. Lord P. at or before the Sealing and Delivery of these Presents, The Receipt whereof the said A. Lord Viscount C. doth hereby acknowledge; And for other causes and considerations him moving; Hath bargained and sold, and, by these Presents, doth bargain and sell unto the said W. Lord P. All those, &c. To have and to hold the said Manors, Lordships, Hun­dreds, Bartons, Farms, Messuages, Lands, Tenements, Advowsons, Hereditaments and Premisses whatsoever hereby bargained and sold, or mentioned to be bargained and sold, with all and singular their and every of their appurtenances, unto the said W. Lord P. his Executors, Administrators and Assigns, from the day before the day of the date of this present Indenture, for and during the term of six months, from thence next ensuing, and fully to be complete and ended; To the in­tent and purpose the better to enable the said A. Lord Viscount C. to grant, release and convey all and singular the Premisses, and the Rever­sion and Inheritance thereof unto the said W. Lord P. his Heirs and Assigns for ever; To such uses, intents and purposes, and in such sort, manner and form as the said A. Lord Viscount C. doth now intend shortly hereafter to grant, release and convey the same by Indenture, intended to bear date the day next after the day of the date hereof. In witness, &c.

Mortgage or Demise for 500 years.

THis Indenture made, &c. between H. E. of W. of th' one part; and J. P. of, &c. of th' other part; Witnesseth, That the said H. E. of W. for and in consideration of the sum of 1000 li. of, &c. to him in hand paid by the said J. P. at or before the Sealing and Delive­ry of this present Indenture; The Receipt whereof the said H. E. of W. doth hereby acknowledge, and thereof, and of every part and par­cell thereof, doth clearly and absolutely, acquit, exonerate and dis­charge the said J. P. his Executors and Administrators for ever, by these Presents; Hath demised, granted, bargained and sold; And, by these Presents, doth demise, grant, bargain and sell unto the said J. P. his Ex­ecutors, Administrators and Assigns; All those six pieces of Marish, con­taining by estimation 31 acres, 2 roods, and 60 perches, in J. in the County of S. now or late in the tenure or occupation of J. B. or of his Assigns; And all those two Tenements, with th'appurtenances, sci­tuate and being in Ʋ. and D. or in one of them, in the County of Y. now or late in, &c. or one of them, their or one of their Assignee or [Page 35] Assigns; Which said Premisses in the said County of Y. by Indenture bearing date the, &c. made between E. D. J. H. H. C. and F. M. Ci­tizens of L. of th' one part; and Sir R. T. Knight and Baronet, T. T. and T. H. Esquires, of th' other part; inrolled in the High Court of Chancery; were conveyed to the said Sir R. T. T. T. and T. H. and their Heirs, and by them the said Sir R. T. and T. T. after the decease of the said T. H. by their Indenture, bearing date the, &c. and inrolled in the said Court of Chancery; conveyed to the said H. E. of W. and his Heirs; As by the said several Indentures, (relation being, &c.) more plainly, &c. appear: To have and to hold the said Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses here­by demised or mentioned to be demised, with their and every of their appurtenances, unto the said J. P. his Executors, Administrators and Assigns, for and during the term of 500 years from henceforth next ensu­ing, and fully to be compleat and ended, without impeachment of Waste.

And the said H. E. of W. for himself, his Heirs, Executors, Administra­tors and Assigns, and for every of them, doth covenant, promise and grant to and with the said J. P. his Executors, Administrators and Assigns, and every of them, by these Presents, That he the said H. E. of W. his Heirs, Executors, Administrators and Assigns, or some or one of them, shall and will without any defalkation, deduction or abatement of any thing for any Taxes, Charges or Payments whatsoever, ordinary or ex­traordinary, well and truly pay or cause to be paid unto the said J. P. his Executors, Administrators or Assigns, at such times and place and in such manner and form as is herein after expressed, the full sum of 1000 li. of, &c. in Gold or Silver, and also Interest or Consideration for the for­bearance thereof, after the rate of 6 li. for a Hundred, by the year un­til the said 1000 li. shall be paid.

That is to say, If the said J. P. his Executors, Administrators or As­signs or any of them, shall at any time before the 26th. day of May, in the year of, &c. 1654. give or leave notice in writing, at or in the now lodging Chamber of H. F. Esquire, scituate in the Inner-temple aforesaid, unto or for the said H. E. of W. his Heirs, Executors, Administrators or As­signs; Or the said H. E. of W. his Heirs, Executors, Administrators or As­signs, or any of them, shall at any time before the said, &c. of May, which shall be in the said year of, &c. 1654. give or leave notice in writing at or in the now lodging Chamber of the said J. P. scituate in the Inner-temple aforesaid, unto or for the said J. P. his Executors, Administrators or As­signs, for payment to be made of the said Sum of 1000 li. at the end of six months then next after the giving or leaving such notice, or to that effect; Then, in either of those cases, whensoever any such notice shall be so given or left by either or any of the said Parties, the said Sum of 1000 li. shall be paid unto the said J. P. his Executors, Administrators or Assigns, at or in the common dyning Hall of the Inner-temple afore­said, at the End of six months next ensuing after such notice shall be so given or left, as aforesaid, accompting 28 daies and no more to eve­ry month.

But if no such notice for payment of the said 1000 li. shall be by either or any of the said Parties so given or left, as aforesaid, before the said, &c. of May, which shall be in the year, &c. 1654. Then the said Sum of 1000 li. shall be paid unto the said J. P. his Executors, Ad­ministrators or Assigns, at or in the common dyning Hall of, &c. afore­said, [Page 36] upon the 26th. day of Nov. which shall be in the year. &c 1654. without any farther delay; And the said Interest or Consideration for forbearance of the said 1000 li. after the rate aforesaid, shall from time to time be well and truly paid by equal half-yearly payments of 30 li. upon every 26th. day of May and 26th. day of November, in every year, until such time as the said 1000 li. shall be paid, according as it is here­in before covenanted to be paid; And at what time soever the said 1000 li. shall happen to be paid, all the Interest shall be paid for for­bearance thereof, after the rate aforesaid, proportionably for all the time, from the then last half-yearly payment before, until the day of payment of the said 1000 li.

And the said J. P. for himself, his Executors, Administrators and As­signs, and for every of them, doth covenant, promise and agree to and with the said H. E. of W. his Heirs, Executors, Administrators and As­signs, and every of them, by these Presents, That until some default shall be made of or in payment of the said Monies herein before cove­nanted to be paid, or of some part thereof, he, the said J. P. his Exe­cutors, Administrators and Assigns, shall and will permit and suffer the said H. E. of W. his Heirs and Assigns, peaceably and quietly to hold and enjoy all and singular the said Messuages, Lands, Tenements and Hereditaments whatsoever, hereby demised or mentioned to be demised, with their and every of their appurtenances; And to receive, take and enjoy the said Rents, Issues and Profits of them, and every of them to his and their own use and uses, without the lett, suit, trouble, interrup­tion, Eviction or Ejection of the said J. P. his Executors, Administra­tors or Assigns, and without any accompt to be given unto the said J. P. his Executors, Administrators or Assigns, for or concerning the same.

Provided alwaies, And it is hereby conditioned, granted, covenan­ted, concluded and agreed by and between the said parties to these Pre­sents, for them, their Heirs, Executors, Administrators and Assigns, That if the said H. E. of W. his Heirs, Executors, Administrators or Assigns, or any of them, shall well and truly pay or cause to be paid unto the said J. P. his Executors, Administrators or Assigns, the said Sum of 1000 li. and all such Interest or Consideration for forbearance thereof, as aforesaid, in such sort, manner and form as the same is herein before-covenanted to be paid; That then, from and immediately after such payment made, this present Indenture, and all and every the Term and Estate thereby made and granted, or mentioned to be made or granted, shall cease, determine and become and be void, frustrate and of none effect to all intents and purposes.

And the said H. E. of W. for himself, his Heirs, Executors, Admini­strators and Assigns, and for every of them, doth covenant, promise and grant to and with the said J.P. his Executors, Administrators and Assigns, by these Presents, That he the said H. E. of W. his Heirs, Executors, Ad­ministrators or Assigns, shall and will from time to time, until the said J. P. his Executors, Administrators or Assigns, shall be in actual Posses­sion of the Premisses, for default of payment of the said Monies, or some part thereof, bear, pay and discharge all Taxes, Charges and Payments whatsoever, ordinary or extraordinary, imposed or to be imposed upon or for or in respect of the said Messuages, Lands, Tenements, Heredita­ments and Premisses hereby demised or mentioned to be demised, or up­on or for or in respect of the said 1000 li. and Interest for the same, [Page 37] or by reason thereof; And thereof, and therefrom, and of and from all Distresses, Damages and Demands whatsoever that shall or may arise concerning the same, free, acquit and discharge or save harmless the said J. P. his Executors, Administrators and Assigns, and every of them.

And farther, The said H. E. of W. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth covenant, pro­mise and grant to and with the said J. P. his Executors, Administrators and Assigns, by these Presents, in manner and form following.

That is to say, That he the said H. E. of W. is the sole, true and law­full Owner and Proprietor of all the said Messuages, Lands, Tenements, Hereditaments and Premisses hereby demised or mentioned to be demi­sed, and of every part and parcell thereof with th' appurtenances: And is solely, lawfully, rightfully and absolutely seised thereof and of every part and parcell thereof, of a good, pure, absolute and indefesible E­state of Inheritance in Feesimple without any manner of Condition, Contingent, Proviso or Limitation of use or uses, or other restraint, matter or thing to determine, alter or change the same; And hath good right, lawfull and absolute power and authority in himself to demise, grant, bargain and sell all and singular the said Messuages, Lands, Tene­ments, Hereditaments and Premisses hereby demised or mentioned to be demised, and every part and parcell thereof, with their and every of their appurtenances, unto the said J. P. his Executors, Administrators and As­signs, for and during all the said term of 500 years, and in manner and form aforesaid.

And that, If Default shall happen to be made of or in payment of the said Monies herein before covenanted to be paid, or of any part thereof; That then and from thenceforth it shall and may be lawfull to and for the said J. P. his Executors, Administrators and Assigns, into all and singular the Premisses, and into every part and parcell thereof, to enter, and the same from thenceforth, for and during all the then rest and residue of the said term of 500 years, peaceably and quietly to hold and enjoy; And all and every the Rents, Revenues, Issues, Profits and Commodities thereof and of every part and parcell thereof, coming, ari­sing and growing, to have and take, without any manner of denial, lett, suit, trouble, hindrance, interruption, eviction or ejection, of or by the said H. E. of VV. his Heirs or Assigns, and without the lawfull lett, suit, trouble, interrup [...]ion, eviction or ejection, of or by any other person or persons wha [...]soe [...]r; And free and clear, and freely, clearly and abso­lutely acquitted, freed, exonerated and discharged of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Jointures, Dowers, Intails, Leases, Mortgages, Estates, Titles, Rents, Arrerages of rents, Judgments, Statutes, Recognizances, Debts, Executions, Extents, Troubles, Forfeitures, Sequestrations, Seisures, Decrees, Charges and In­cumbrances whatsoever, (All such Leases and Estates as have been heretofore made of the Premisses in the said County of S. not exceeding the term of ten years and one quarter of a year yet to come onely ex­cepted and foreprized.)

And the said H. E. of VV. for himself, his Heirs, Executors, Admini­strators and Assigns, and for every of them, doth farther covenant, pro­mise and grant to and with the said J. P. his Executors, Administrators and Assigns, by these Presents, That if any Default shall happen to be made of or in payment of the said Monies, or any part thereof, herein [Page 38] beforecovenanted to be paid; That then, and from thenceforth, after the space of ten years and a quarter of a year now next following, All the said Messuages, Lands, Tenements, Hereditaments and Premisses in the said County of S. shall be and remain unto the said J. P. his Execu­tors, Administrators and Assigns, of the clear yearly value of 200 li. by the year in clear Profits to be received by him and them, over and above all Charges and Reprizes issuing and going out thereof; And also that the said Messuages, Lands and Premisses in the said County of Y, now are, and, from and after any such Default in payment of any of the said Mo­nies herein beforecovenanted to be paid, shall remain and continue un­to the said J. P. his Executors, Administrators and Assigns, of the clear yearly value of 60 li. by the year in clear Profits, to be received by him or them over and above all Charges and Reprizes issuing and going out of the same.

And farther also, That in case of any such Default in payment as aforesaid; He, the said H. E. of W. his Heirs and Assigns, shall and will from time to time, and at all times thence after, upon the reasonable re­quest of the said J. P. his Executors, Administrators and Assigns, shew forth and deliver, or cause to be shewed forth and delivered unto the said J. P. his Executors, Administrators and Assigns, or to his or their Council or Attorneys, to be pleaded or given in evidence, as occasion shall require, for the necessary maintenance or defence of the Estate, Title and Interest of him the said J. P. his Executors and Assigns, of, in and to the Premisses hereby demised or mentioned to be demised, and every or any part thereof; All Deeds, Writings and Evidences concer­ning the same; And also as well the said several Indentures herein be­forementioned to have been inrolled in the said High Court of Chance­ry, and one other Indenture tripartite bearing date the 18th. day of Oc­tober now last past before the date hereof, made or mentioned to be made between the said E. of the first part; J. F. Esquire, brother of the said Earl, and H. F. of the Inner-temple Esquire, of the second part; and F. T. J. A. T. G. and A. W. Gent. of the third part; whereby all the said Messuages, Lands, Tenements and Hereditaments in the said County of S. hereby demised or mentioned to be demised, are therein limited and settled unto the said H. E. of W. his Heirs and Assigns for ever; As also the Counterparts of all Leases now in being of the said demised Premisses, or any part thereof; Which said several Indentures, Coun­terparts of Leases, and Writings, the said J. P. for himself, his Execu­tors, Administrators and Assigns, doth covenant, promise and grant to and with the said H. E. of W. his Heirs and Assigns, to redeliver unto him the said Earl, his Heirs and Assigns, within convenient time after his or their necessary use thereof, as safe, whole, uncancelled and undefaced as he the said J. P. his Executors, Administrators or Assigns, or his or their Council or Attorneys received the same.

And the said H. E. of W. doth also, by these Presents, for himself, his Heirs, Executors, Administrators and Assigns, covenant, promise and a­gree to and with the said J. P. his Executors, Administrators and Assigns, That if any Default shall happen to be made of or in payment of the said Monies or any part thereof herein before covenanted to be paid; That then, at any time after such Default made, he, the said H. E. of W. his Heirs and Assigns, and all and every other person and persons any Estate having or lawfully claiming, of, in, to or out of the said Farms, [Page 39] Messuages, Lands, Tenements, Hereditaments and Premisses, or any part thereof, (Other than the Persons and Lessees, whose Estates and Interests are herein before excepted for and in respect onely of the same Leases and Estates so excepted, and not otherwise,) shall and will at the reasonable request and proper costs and charges in the Law of the said J. P. his Execu­tors, Administrators or Assigns, make and doe all and every such act and acts for the farther, better and more better assuring and conveying of the said Farmes, Messuages, Lands, Tenements, Hereditaments, and all and singu­lar other the Premisses, with their and every of their appurtenances, unto the said J. P. his Executors, Administrators and Assigns, for and during the term hereby granted or mentioned to be granted; Be it by Fine or Fines Sur Concessit or Sur Conusans de Droit, Deed or Deeds, Recovery or Recoveries, with single, double or treble Voucher or Vouchers, Re­lease or Confirmation, or by all and every or any of the said waies and means, or by any other waies and means in the Law whatsoever, as by the said J. P. his Executors, Administrators or Assigns, or by his or their Council Learned in the Law shall be reasonably devised, advised or re­quired. In witness, &c.

Another Mortgage of a Manor, Park, Advowson, Scite and Demesnes of the Manor.

THis Indenture tripartite made 11 Febr. in the year, &c. 1651. between J. C. of E. S. in the County of S. Esquire, of the first part; T. A. of L. Esquire, of the second part; and J. A. of L. Gent. of the third part, Witnesseth, That the said J. C. for and in considerati­on of the Sum of 3500 li. of, &c. to him in hand paid by the said T. A. at or before the Sealing and Delivery of this present Indenture, the Re­ceipt whereof, &c. Hath demised, granted, bargained and sold; and by these Presents doth, &c. All that the Manor and Lordship, Park and Lodge of E. S. with all and singular their and every, &c. in the said County of S. And the Advowson, Donation, Gift, and Free disposition and right of Patronage of the Church of E. S. in the said Co. of S. with the rights, members and appurtenances thereof whatsoever; And also all that the Scite of the said Manor of S. C. aforesaid, with all their rights, members and appurtenances in the said County of S. And all and all manner of the Demesne-lands of the said Manor of S. C. aforesaid; and all Lands ac­cepted, reputed or taken as the Demesnes or Demesne-lands of the said Manor, with their and every of their appurtenances whatsoever; And also all that Herbage and Pannage of the Park of the said Manor of S. C. aforesaid, with the appurtenances, in the said County of S. And also all and singular Lands, Tenements and Hereditaments whatsoever, scituate, ly­ing and being in S. aforesaid, and C. or in either of them, in the said Coun­ty of S. reputed to be parcell of the said Manor of E. S. aforesaid; And also all and singular Messuages, Mills, Houses, Edifices, Buildings, Barns, Stables, Yards, Orchards, Gardens, Dove-houses, Lands, Tenements, Meadows, Feedings, Pastures, Commons, Demesne-lands, Wastes, Furzes, Wears, Marishes, Waters, Watercourses, Banks, Rivers, Ponds, Pools, Fishings, Fishing-places, Rents, Reversions, Services, and Rents and Servi­ces [Page 40] as well of Free as Customary Tenants of the said Manor of S. C. with their appurtenances; And also all Courts-barons and Courts-leets, View of frankpledg, Perquisites and Profits of Courts and Leets, Felons goods, Fugitives, Condemned and Outlawed persons, Wards-marriages, Reliefs, Escheats, Heriots, Free-warrens, and also all other Liberties, Franchises, Privileges, Royalties, Casualties, Tythes, Profits, Commodities, Emolu­ments and Hereditaments, with th' appurtenances whatsoever, now or at any time heretofore accepted, reputed, taken, known, demised, used, occupied or enjoyed as part, parcell or member, or in any wise apper­taining to the said Manor, and other the Premisses, or any of them; And all and singular other the Messuages, Lands, Tenements and Here­ditaments, with th' appurtenances whatsoever of him the said J. C. sci­tuate, lying and being in E. S. aforesaid; And also all and singular Woods, Under-woods, and Trees now standing, growing and being of, in or upon, or within the said Manor of S. C. and other the Premisses, or any part or parcell thereof; And the Ground and Soil of the same Woods, Under-woods and Trees; And farther, The said J. C. (for the consideration aforesaid) hath demised, granted, bargained and sold; And, by these Presents, doth demise, grant, bargain and sell unto the said T. A. his Executors, Administrators and Assigns, All and every the Reversion and Reversions, Remainder and Remainders of the said Ma­nor, Advowson, Lands, Tenements, Hereditaments, and all and singular other the Premisses herein before mentioned, meant or intended to be demised, granted, bargained and sold, and of every part and parcell thereof, with their and every of their appurtenances; And all Rents and yearly Profits whatsoever reserved upon any Demise or Grant here­tofore made and granted of the said Manor and other the Premisses, or of any part or parcell thereof; To have and to hold the said Manor, Advowson, Park, Demesne-lands, Herbage of Park, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby demised, granted, bargained and sold, or herein or hereby meant, mentioned or intended to be demised, granted, bargained and sold, wi [...]h their and every of their appurtenances, unto the said T. A. his Executors, Administrators and Assigns, from the first day of this instant February, for and during the term of 500 years from thenceforth next ensuing and fully to be compleat and ended, without Impeachment of Waste.

Provided alwaies, and these Presents are, upon this condition nevertheless, That if the said J. C. his Heirs, Executors, Administrators or Assigns, or any of them, do and shall well and truly pay or cause to be paid unto the said T. A. his Executors, Administrators or Assigns, or any of them, at or in the now dwelling-house of him the said T. A. scituate in Fan-church­street, London, the full Sum of 3972 li. 10 s. of, &c. in Gold or Silver, in manner and form following.

That is to say, 157 li. 10 s. part thereof, on the 13th. day of Novem­ber next ensuing the date hereof, and 105 li. other part thereof, on the 13th. day of May then next following, and 105 li. other part thereof, on the 13th. day of November which shall be in the year of our Lord God 1653. and the full Sum of 3605 li. residue of the said Sum of 3972 li. 10 s. on the 13th. day of May, which shall be in the year 1654. All the said payments to be made at the place of payment beforementio­ned fully and intirely, and without any abatement, deduction or defal­cation of any thing, for or in respect of any Taxes, Charges, Payments [Page 41] or Assessments issuing out of, or charged or imposed upon, or to be is­suing out of, or charged or imposed upon the said Manor, Advowson, Park, Demesne-lands, Messuages, Lands, Tenements, Hereditaments and Premisses, or any part or parcell thereof, or upon the said several Sums of money, or any part thereof, or by reason thereof by any Order, Ordinance, or Act or Acts of Parliament, or otherwise howsoever; That then, from and immediately after the said last payment made, this present Indenture, and all and every the Term and Estate thereby made and granted, or mentioned to be made or granted, shall cease, determine, and become and be void, frustrate and of none effect to all intents and purposes.

And the said J. C. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth covenant, promise and grant, to and with the said T. A. his Executors, Administrators and Assigns, by these Presents; That he, the said J. C. his Heirs, Executors, Administra­tors and Assigns, or some or one of them, shall and will, without any defalkation, deduction or abatement of any thing for or in respect of any Taxes, Charges, Payments or Assessments as aforesaid, well and truly pay or cause to be paid unto the said T. A. his Executors, Admini­strators or Assigns, or some of them, at the Place of payment before­mentioned, the said Sum of 3972 li. 10 s. of, &c. in Gold or Silver, in manner and form aforesaid, at the several times before in the said Pro­viso or Condition mentioned for payment thereof, without any farther delay.

And the said T. A. for himself, his Executors, Administrators and As­signs, and for every of them, doth covenant, promise and agree to and with the said J. C. his Heirs, Executors, Administrators and Assigns, by these Presents, That until some default shall be made of or in payment of the said Monies herein beforecovenanted to be paid, or of some part thereof, he, the said T. A. his Executors, Administrators and Assigns, shall and will permit and suffer the said J. C. his Heirs and Assigns, peace­ably and quietly to receive, take and enjoy the Rents, Issues and Pro­fits of all and singular the said Manor, Advowson, Park, Demesne-lands, Messuages, Lands, Tenements, Hereditaments and Premisses whatsoever, hereby demised or mentioned to be demised, with their and every of their appurtenances, without any interruption of or by the said T. A. his Executors, Administrators or Assigns, and without any accompt to be given to him or them for or concerning the same.

And the said J. C. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said T. A. his Executors, Administrators and Assigns, by these Presents, in manner and form following.

That is to say, That he, the said J. C. is the sole, true and lawfull Owner and Proprietor of all the said Manor, Advowson, Park, De­mesne-lands, Messuages, Lands, Tenements, Hereditaments and Premisses hereby demised or mentioned to be demised, and of every part and par­cell thereof, with the appurtenances; And is wholly, rightfully and absolutely seised thereof, and of every part and parcell thereof, of a good, pure, absolute and indefesible Estate of inheritance in Feesimple, without any manner of Condition, Contingent, Proviso or Limitation of Use or Uses, or other restraint, matter or thing to determine, alter or change the same; And hath good right, lawfull and absolute power [Page 42] and authority in himself to demise, grant, bargain and sell the said Ma­nor, Advowson, Park, Demesne-lands, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby demised or mentioned to be demised, and every part and parcell thereof, with their and every of their appurtenances, unto the said T. A. his Executors, Administrators and Assigns, for and during all the said term of 500 years, and in manner and form aforesaid.

And that if default shall happen to be made of or in payment of the said Monies herein before covenanted to be paid, or of any part thereof; That then and from thenceforth it shall and may be lawfull to and for the said T. A. his Executors, Administrators and Assigns, into all and sin­gular the Premisses, and into every part and parcell thereof to enter, and the same from thenceforth, for and during all the then rest and residue of the said term of 500 years, peaceably and quietly to hold and enjoy; And all and every the Rents, Revenues, Issues, Profits and Commodities thereof, and of every part and parcell thereof, coming, arising and growing, to have and take, without any manner of denial, lett, suit, trouble, hindrance, interruption, eviction or ejection of or by the said J. C. his Heirs or Assigns; and without the lawfull lett, suit, trouble, interruption, eviction or ejection of or by any other person or persons whatsoever; And free and clear, and freely and clearly and absolutely acquitted, freed, exonerated and discharged of and from all and all man­ner of former and other Bargains, Sales, Gifts, Grants, Jointures, Dow­ers, Intails, Leases, Mortgages, Estates, Titles, Rents, Arrerages of rents, Judgments, Statutes, Recognizances, Debts, Executions, Extents, Troubles, Forfeitures, Sequestrations, Seisures, Decrees, Charges and Incumbrances whatsoever.

And the said J. C. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth farther covenant, promise and grant, to and with the said T. A. his Executors, Administrators and As­signs, by these Presents, That if any default shall happen to be made of or in payment of the said Monies, or any part thereof, herein before­covenanted to be paid, That then, and from thenceforth, all the said Manor, Advowson, Park, Demesne-lands, Messuages, Lands, Tenements, Hereditaments and Premisses, hereby demised or mentioned to be demi­sed, shall remain and continue unto the said T. A. his Executors, Admi­nistrators and Assigns, of the clear yearly value of 270 li. by the year, in clear profits, to be received by him or them over and above all char­ges and reprizes issuing and going out of the same.

And farther, The said J. C. for himself, his Heirs, Executors, Ad­ministrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said T. A. his Executors, Administrators and As­signs, by these Presents, That the said J. C. or his Heirs shall and will, before the end of Easter Term next ensuing the date hereof, acknow­ledge and levy in due form of Law one Fine Sur Conusans de Droit come ceo, &c. to be ingrossed, recorded and sued forth with Proclamati­ons, according to the Statutes in that case made and provided, and the usual course of Fines, with Proclamations, in such cases used, unto the said T. A. and his Heirs, of all the said Manor, Advowson, Park, De­mesne-lands, Messuages, Lands, Tenements, Hereditaments and Premis­ses whatsoever, hereby demised or mentioned to be demised, with their and every of their appurtenances, by such apt and convenient name [Page 43] and names, numbers of Messuages and Acres, quantities and qualities of Land and other things as shall be fit and requisite.

And it is hereby declared and agreed by and between all the said par­ties to these Presents, That the said Fine herein beforecovenanted to be levied as aforesaid, and all and every other Fine and Fines whatsoever, to be had and levied by and between the said parties to these Presents or any of them, or whereunto they or any of them shall be party or par­ties, shall be and enure, and shall be construed, expounded, adjud­ged, deemed and taken to be and enure; and that the Conusee or Co­nusees in the said Fine or Fines, and all and every other person and per­sons whatsoever, that by force and virtue of the said Fine, or any other Fine or Fines shall be seised of the said Manor, Advowson, Park, De­mesne-lands, Messuages, Lands, Tenements and Hereditaments whatso­ever, hereby demised or mentioned to be demised, or any part thereof, shall stand and be seised thereof, and of every part and parcell thereof, To the use and behoof of the said T. A. his Executors and Assigns, for and during the said term and number of 500 years, to be accompted from the said first day of this instant February, and from thenceforth next ensuing, and fully to be compleat and ended, without impeachment of or for any manner of Waste, subject nevertheless to such condition as is herein beforementioned; And from and immediately after the expirati­on, ceasing or other determination of the said term of 500 years; Then to the use and behoof of the said J. C. his Heirs and Assigns for ever; and to none other use or uses, intent or purpose.

And farther, The said J. C. for himself, his Heirs, Executors, Ad­ministrators and Assigns, and for every of them, doth covenant, pro­mise and grant to and with the said T. A. his Executors, Administrators and Assigns, by these Presents, That if any default shall happen to be made of or in payment of the said Monies, or any part thereof, herein beforecovenanted to be paid; That then, at any time after such default, he, the said J. C. his Heirs and Assigns, and all and every other person and persons, any Estate having or lawfully claiming of, in, to or out of the said Manor, Advowson, Park, Demesne-lands, Messuages, Lands, Te­nements, Hereditaments and Premisses, or any part thereof, (other than the persons and Lessees whose Estates and Interests are herein before ex­cepted, for and in respect onely of the same Leases and Estates so excep­ted, and not otherwise) shall and will, at the reasonable request and proper costs and charges in the Law of the said T. A. his Executors, Ad­ministrators and Assigns, make and doe all and every such act and acts for the farther, better and more perfect assuring and conveying of the said Manor, Advowson, Park, Demesne-lands, Messuages, Lands, Tene­ments, Hereditaments, and all and singular other the Premisses, with their and every of their Appurtenances, unto the said T. A. his Execu­tors, Administrators and Assigns, for and during the term hereby gran­ted or mentioned to be granted; Be it by Fine or Fines Sur Concessit or Sur Conusans de Droit, Deed or Deeds, Recovery or Recoveries, with single, double, or treble Voucher or Vouchers, Release or Confir­mation; or by all and every or any of the said waies and means, or by any other waies and means in the Law whatsoever; as by the said T. A. his Executors, Administrators or Assigns, or by his or their Council Learned in the Law shall be reasonably devised, advised or required. In wit-ness, &c.

A Demise of a Manor for 99 years, for Securi­ty of Money.

THis Indenture made, &c. Between R. S. of M. in the County of L. T. S. son and Heir apparent of the said R. S. and R. S. youn­ger son of the said R. S. of the one part; and W. A. of G. I. in the Coun­ty of M. of the other part; Witnesseth, That the said R. S. T.S. and R. S. for and in consideration of a competent Sum of lawfull Money of England to them in hand paid by the said W. A. at or before the Sealing and Delivery of this present Indenture; the Receipt whereof they the said R. S. T. S. and R. S. do hereby acknowledge; And thereof, &c. Have demised, granted, bargained and sold; And, by these Presents, do, &c. All that the Manor or Lordship of little M. with the rights, members and appurtenances thereof in the County of L. and all and sin­gular Messuages, Houses, Dove-houses, Barns, Stables, Edifices, Buil­dings, Lands, Tenements and Hereditaments whatsoever, to the said Ma­nor or Lordship of M. belonging or appertaining, or therewith usually occupied or enjoyed; And all and every other the Messuages, Lands, Tenements and Hereditaments whatsoever of them the said R. S. T. S. and R. S. and every or any of them, or wherein they or any of them now have or at any time heretofore had any Estate of inheritance in little M. aforesaid, and in H. in the said County of L. or in either of them; And the Reversion and Reversions, Remainder and Remainders of all and singular the Premisses, and of every part and parcell thereof; And all Rents and yearly Profits, Reservations and Services reserved or payable in, by or upon any Lease or Leases, Grant or Grants, had, made or granted, or mentioned to be made or granted of the Premisses here­by granted and demised, or mentioned to be granted or demised, or of any of them; To have and to hold the said Manor, Lordship, Messua­ages, Lands, Tenements, Hereditaments, and all and singular other the Premisses whatsoever, hereby demised or mentioned to be demised, with their and every of their appurtenances, unto the said W. A. his Execu­tors, Administrators and Assigns, for and during the term of 99 years from henceforth next ensuing, and fully to be complete and ended.

And the said R. S. T. S. and R. S. for themselves, their Heirs, Exe­cutors, Administrators and Assigns, and for every of them, do covenant, promise and grant to and with the said W. A. his Executors, Administra­tors and Assigns, by these Presents, in manner and form following.

That is to say, That at and immediately before the Sealing and De­livery of this present Indenture, they, the said R. S. T. S. and R. S. or some of them are, or one of them is the true and lawfull Owner or Ow­ners, Proprietor or Proprietors of all the said Manor, Lordship, Messuages, Lands, Tenements, Hereditaments and Premisses hereby demised or men­tioned to be demised, and of every part and parcell thereof, with their and every of their appurtenances; And are, or some or one of them is law­fully, rightfully and absolutely seised thereof, and of every part and par­cell thereof, of a good, pure, absolute and indefesible Estate of inheri­tance in Feesimple without any manner of Condition, Contingent, Pro­viso or Limitation of any Use or Uses, or other restraint, matter or thing [Page 45] to determine, alter or change the same; And that they, the said R. S. T. S. and R. S. or some or one of them have or hath good right, and lawfull and absolute power and authority in themselves or in some or one of them to demise, grant, bargain and sell the said Manor, Lands and Premisses hereby demised or mentioned to be demised, and every part and parcell thereof, with their and every of their appurtenances, unto the said W. A. his Executors, Administrators and Assigns, for and during all the said term of 99 years, and in manner and form aforesaid.

And also, That he, the said W. A. his Executors, Administrators and Assigns, and every of them, shall or lawfully may from time to time and at all and every time and times hereafter, for and during all the said term of 99 years beforementioned, freely, quietly and peaceably, have, hold, occupie, possess and enjoy all and singular the said Manor, Lord­ship, Messuages, Lands, Tenements, Hereditaments and Premisses what­soever, hereby demised or mentioned to be demised, with their and every of their appurtenances; And all and every the Rents, Revenues Issues, Profits and Commodities thereof and of every part and parcell thereof, coming, arising and growing, have and take, without any man­ner of lett, suit, trouble, vexation, eviction, disturbance or other hin­drance or molestation whatsoever of them the said R. S. T. S. and R. S. or any of them, their or any of their Heirs or Assigns; And without the lawfull lett, suit, trouble, interruption, eviction or ejection of any other person or persons whomsoever; And also, That the said Manor, Lordship, Messuages, Lands, Tenements, Hereditaments, and all and sin­gular other the Premisses hereby demised or mentioned to be demi­sed, and every part and parcell thereof, with their and every of their appurtenances, now are, and from henceforth for and during all the said term of 99 years shall remain, continue and be unto the said W. A. his Executors, Administrators and Assigns, clear and free, and freely, clearly and absolutely acquitted, freed, exonerated and discharged of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Feoffments, Devises, Uses, Jointures, Dowers, Intails, Estates, Leases, Rights, Titles, Rents, Arrerages of rents, Issues, Fines, Post-fines, Amerciaments, Debts, Duties, Judgments, Executions, Recognizances, Statutes-merchant and of the staple, and all Debts of Record, Extents, Liberata's, Seisures, Sequestrations and Causes of Sequestration, Decrees and Charges, Titles, Troubles and Incumbrances whatsoever.

And farther also, That they, the said R. S. T. S. and R. S. and every of them, their and every of their Heirs and Assigns, and all and every other person and persons whomsoever, any having or lawfully claiming, or which shall or may at any time or times hereafter have or lawfully claim any estate, right, title or interest of, in or to the Premis­ses hereby demised or mentioned to be demised, or of, in or to any part or parcell thereof, by, from or under them the said R. S. T. S. and R. S. or any of them, shall and will from time to time, and at all and every time and times hereafter, within the space of seven years next en­suing the date of this present Indenture, at and upon the reasonable re­quest of the said W. A. his Executors, Administrators or Assigns, doe, make levie, execute, acknowledge and suffer, and cause to be done, made, le­vied, executed, acknowledged and suffered, all and every such farther and other reasonable Act and Acts, Conveyances and Assurances in the Law whatsoever, for the farther, better and more perfect assuring and [Page 46] conveying of the said Manor, Messuages, Lands, Tenements, Heredita­ments, and all and singular other the Premisses hereby demised or menti­oned to be demised, with their and every of their appurtenances, unto the said W. A. his Executors, Administrators and Assigns, for and during the said term of 99 years, as by the said W. A. his Executors, Admini­strators or Assigns, or his or their Council Learned in the Law shall be reasonably, devised, advised or required. In witness, &c.

A Redemise of the same Manor for 98 years, if the Lessee live so long.

THis Indenture made, &c. between W. A. of G. I. in the County of M. of the one part; and R. S. of little M. in the County of L. Esquire, T. S. son and heir apparent of the said R. S. and R. S. youn­ger son of the said R. S. of the other part; Witnesseth, That the said W. A. for and in consideration of the Rents and Reservations, Condi­tion, Covenants and Agreements herein aftermentioned, reserved, ex­pressed and agreed upon; and also in consideration of the Sum of 5 s. of, &c. to the said W. A. by the said R. S. T. S. and R. S. in hand paid at or before the Sealing and Delivery hereof, the Receipt whereof, the said W. A. doth hereby acknowledge; and also for divers other good causes and considerations him moving; Hath bargained, sold, leased, betaken, set and to farm letten; and by these Presents doth, &c. unto the said R. S. T. S. and R. S. their Executors, Administrators and As­signs; All that the Manor or Lordship of M. (prout in the Demise;) And all and every other the Messuages, Lands, Tenements and Heredi­taments whatsoever, which in and by one Indenture bearing date the, &c. day of, &c. last past before the date hereof, made or mentioned to be made between the said R. S. T. S. and R. S. of the one part; and the said W. A. of the other part, are demised, granted, bargained and sold unto the said W. A. his Executors, Administrators and Assigns, by the said R. S. T. S. and R. S. for the term of 99 years therein mentioned; And also all Rents and yearly Profits, Reservations and Services reserved or payable, in, by or upon any Lease or Leases, Grant or Grants had, made or granted, or mentioned to be made or granted of the Premisses hereby leased or mentioned to be leased, or of any of them, or of any part thereof; To have and to hold the said Manor, Lordship, Messu­ages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby leased or mentioned to be leased, with their and eve­ry of their appurtenances, unto the said R. S. T. S. and R. S. their Ex­ecutors, Administrators and Assigns, for and during the term of 98 years from henceforth next ensuing, and fully to be compleat and end [...]d: Yielding and paying therefore yearly, during the said term, unto the said W. A. or his Assigns, at or in the now dwelling house of Mr. Ja. A. &c. the yearly Rent of 50 li. of, &c. at two several daies or times in the year.

That is to say, Upon, &c. by equal portions, in every year during the said term, if the said W. A. shall so long live, without any defalcu­tion, deduction or abatement of any thing for any Taxes, Laies, Assess­ments, Contributions, or other Impositions or Charges whatsoever or­dinary [Page 47] or extraordinary, or for Quartering of Souldiers, or for or in re­spect of any other matter or thing whatsoever; The first payment of the said Rent to be made upon, &c. next ensuing the date of this present Indenture.

And the said R. S. T. S. and R. S. do jointly and severally for them­selves, their and every of their Heirs, Executors, Administrators and As­signs, covenant, promise and grant to and with the said W. A. his Exe­cutors, Administrators and Assigns, and every of them, by these Presents, That they, the said R. S. T. S. and R. S. or some or one of them, their or some or one of their Executors, Administrators or Assigns, shall and will from time to time, during all the said term of 98 years, (if the said W. A. shall so long live) well and truly pay or cause to be paid unto the said W. A. or his Assigns, the said yearly Rent of 50 li. at the place of payment beforementioned, upon the several daies before appointed for payment thereof, without any defalcation, deduction or abatement of any thing for any Tax or Taxes, Laies, Assessments, Contributions or other Impositions or Charges whatsoever, ordinary or extraordinary, or for Quartering of Souldiers, or for or in respect of any other matter or thing whatsoever.

Provided alwaies, and these Presents are upon this Condition never­theless, That if it shall happen the said yearly Rent of 50 li. or any part thereof to be behind or unpaid by the space of 20 daies after any of the said daies herein beforelimited or appointed for payment thereof at the place beforementioned, although no Demand at all shall be there­of made; That then and from thenceforth it shall and may be lawfull to and for the said W. A. his Executors, Administrators and Assigns, in­to the said Manor, Lordship, Messuages, Lands, Tenements, Heredita­ments, and all and singular other the Premisses hereby leased or mentio­ned to be leased, to re-enter, and the same to have again, re-possess and enjoy, as in his former Estate; Any thing herein contained to the con­trary in any wise notwithstanding.

Provided also, And it is hereby covenanted, granted, concluded and agreed by and between the said parties to these Presents, for them, their Executors, Administrators and Assigns, That if the said R. S. T. S. and R. S. or any of them, their or any of their Heirs, Executors, Ad­ministrators or Assigns, do and shall well and truly pay or cause to be paid unto the said W. A. or his Assigns, the said yearly Rent of 50 li. at the place of payment beforementioned, on every day of, &c. or within 20 daies after every of the said daies respectively, in every year, during all the said term of 98 years, if the said W. A. shall so long live, without any defalcation, deduction or abatement of any thing for or in respect of any Taxes, Laies, Assessments, Contributions or other Impositions or Charges whatsoever, ordinary or extraordinary, or for Quartering of Souldiers, or for or in respect of any other matter or thing whatso­ever; That then, from and immediately after the decease of the said W. A. not onely the said yearly Rent hereby reserved shall cease and not be after paid; But also the said Indenture of Demise and Grant of all the said Premisses mentioned to be made by the said R. S. T. S. and R. S. bearing date the said, &c. day of, &c. last past before the date hereof, as aforesaid, shall cease, determine, and become and be from thenceforth void, frustrate and of none effect.

And the said W. A. for himself, his Executors, Administrators and As­signs, and for every of them, doth covenant, promise and grant to and with the said R. S. T. S. and R. S. their Heirs, Executors, Administra­tors and Assigns, by these Presents, That in such case of true payment of the said yearly Rent of Fifty pounds, during all the said term of 98 years, if the said W. A. shall so long live, as is herein last beforementioned, at any time after the decease of him the said W. A. upon the request of the said R. S. T. S. and R. S. or any of them, their or any of their Heirs, Executors, Administrators or Assigns, the Executors or Administrators of him the said W. A. shall and will surrender and deliver up unto the said R. S. T. S. and R. S. their Heirs or Assigns, Owners of the Inheri­tance of the Premisses; All their Estate, Right, Title, Interest, Term of years, Propertie, Claim and Demand whatsoever, which they shall then have of, in and to the Premisses or any of them, by virtue of the said Indenture of Demise and Grant made by the said R. S. T. S. and R. S. bearing date the said, &c. day of, &c. last past before the date hereof, as aforesaid, or otherwise howsoever.

And that then also, upon the delivery up of that part of the said In­denture of Demise and of these Presents which are sealed by the said W.A. unto the Executors or Administrators of the said W. A. to be cancel­led, the said Executors or Administrators of the said W. A. shall and will deliver up unto the said R. S. T. S. and R. S. their Heirs, Executors or Administrators that part of the said Indenture of Demise and of these Presents which are sealed by the said R. S. T. S. and R. S. to be cancel­led.

And the said W. A. for himself, his Executors, Administrators and As­signs, doth covenant, promise and grant to and with the said R. S. T. S. and R. S. their Executors, Administrators and Assigns, by these Presents, That they the said R. S. T. S. and R. S. their Executors, Administra­tors and Assigns, duly paying the said yearly Rent herein before reser­ved, and truly performing all the Covenants on their part and behalf to be performed, contained in these Presents and the said Indenture of Demise beforementioned, shall or lawfully may quietly and peaceably, hold, occupie and enjoy the said Manor, Lands and Premisses without interruption of the said W. A. his Executors, Administrators or Assigns; And clear and free from all Incumbrances had, made or done by the said W. A. his Executors or Administrators. In witness, &c.

Another Redemise.

THis Indenture made, &c. betweeen J. M. and E. H. of, &c. of the one part; and M. H. of M. in the County of Y. and Ja. H. son and Heir apparent of the said M. H. of the other part; Witnesseth, That the said J. M. and E. H. for and in consideration of the Rent and Reservations, Condition, Covenants and Agreements herein aftermen­tioned, reserved, expressed and agreed upon; And also in consideration of the Sum of 5 s. of, &c. to the said J. M. and E. H. by the said J. H. in hand paid at or before the Sealing and Delivery hereof, the Receipt whereof the said J. M. and E. H. &c. Have bargained, sold, leased, &c. [Page 49] And by these Presents do, &c. unto the said J. H. his Executors and Assigns; All that the Manor or Lordship of M. with the rights, mem­bers and appurtenances thereof in the said County of Y. And all and singular Messuages, Houses, Edifices, Buildings, Tofts, Cottages, Mills, Lands, Tenements, Meadows, Pastures, Feedings, Closes, Inclosures, Woods, Underwoods, Grounds, Rents, Reversions, Marishes, &c. prout in the Demise. And also all and singular other the Messuages, Houses, Edifices, Buildings, Tofts, Cottages, Mills, Lands, Tenements, Rents, Reversions, Meadows, Pastures, Feedings, Woods, Under-woods and Hereditaments whatsoever, which in and by one Indenture bearing date the, &c. day of, &c. made between the said M. H. and J. H. of th' one part; and J. M. and E. H. &c. are demised, granted, &c. unto the said J. M. and E. H. their Executors, Administrators and Assigns, by the said M. H. and J. H. for the term of 1000 years therein mentioned: In which said Demise the said M. H. did onely join for conformity, the real Estate in Law being formerly in the said J. H. And also all Rents, &c. prout in the Demise precedent. To have and to hold the said Manor, Lordship, Messuages, Mills, Lands, Tenements, Hereditaments, and all and singular, &c. prout in the said Demise: for and during the term of 999 years from henceforth next ensuing and fully, &c. Yiel­ding, &c. unto the said J. M. and E. H. their Executors, Administrators and Assigns, at or in, &c. the yearly Rent of 120 li. of, &c. at two several daies or times in the year; That is to say, upon the, &c. day of, &c. and the, &c. day of, &c. in every year during the said term, by equal portions, without any defalcation, &c. The first payment of the said Rent to be made upon the, &c. day of, &c. next ensuing the date of this present Indenture.

And the said M. H. and J. H. do jointly and severally for themselves, their and either of their Heirs, &c. covenant, &c. with the said J. M. and E. H. their Executors, Administrators and Assigns, and every of them, by these Presents, That he, the said J. H. his Executors, Admini­strators or Assigns, shall and will from time to time, during the said term, well and truly pay or cause, &c. unto the said J. M. and E. H. their Executors, Administrators or Assigns, the said yearly Rent of, &c. prout in the said Demise.

And farther also, That if they the said J. M. and E. H. or either of them, or th' Executors or Administrators of them or any of them, or any other person or persons on their or any of their behalf, by their or any of their appointment and direction, shall, upon any—day of, &c. or —day of, &c. in any year during the said term of 999 years beforemen­tioned, give personal notice unto the said M. H. and J. H. or either of them, or to the Executors, Administrators or Assigns, of the Survivor of them; or leave notice in writing for him, them or any of them, at or in the Parsonage-house of M. aforesaid, for the payment of the Sum of 1600 li. to be made by them or any of them unto the said J. M. and E. H. or the Survivor of them, or to th' Executors or Administrators of the Survivor of them at the end of one year next after such notice to be given or left as aforesaid; That then, and in such case, they the said M. H. and J. H. or one of them, their or one of their Executors, Ad­ministrators or Assigns, or some or one of them, shall and will well and truly pay or cause to be paid unto the said J. M. and E.H. or to the Sur­vivor of them, or to th' Executors, Administrators or Assigns of the [Page 50] Survivor of them, at or in the said common dyning Hall, &c. aforesaid, at th' end of one year next after such notice given or left as aforesaid, the full Sum of 1600 li. of, &c. in Gold or Silver over and above the half-yearly payment of the said Rent then to be due, and without any defalcation, &c. ut supra.

Provided alwaies, and these Presents are upon this condition never­theless; That if it shall happen the said yearly Rent of 120 li. or any part thereof to be behind or unpaid at or after any of the said daies herein beforelimited or appointed for payment thereof, at the place of payment beforementioned, (although no Demand at all shall be there­of made;) Or if any default shall be made in payment of the said Sum of 1600 li. at the place aforesaid, at the end of one year next after such notice shall be given or left for the payment thereof as aforesaid; That then and from thenceforth it shall and may be lawfull to and for the said J. M. and E. H. their Executors, Administrators and Assigns, into the said Manor, Lordship, Messuages, Mills, Lands, Tenements, Heredi­taments, and all and singular other the Premisses, with th' appurtenances, hereby leased or mentioned to be leased, to re-enter, and the same to have again, re-possess and enjoy, as in their former estate; Any thing herein contained to the contrary in any wise notwithstanding.

And it is hereby covenanted, granted, concluded, condescended and fully agreed upon by and between all the said parties to these Presents, for them, their Executors and Administrators; That if the said M. H. and J. H. or either of them, their or either of their Heirs, Executors, Ad­ministrators or Assigns, or any of them, or any other person or persons, on their or any of their behalf, by their or any of their appointment and direction, shall and do, upon any first day of June, or first day of Decemb. in any year, during the said term of 999 years beforementioned, give perso­nal notice unto the said J. M. and E. H. or either of them, or to th' Execu­tors, Administrators or Assigns of the Survivor of them; or leave notice in writing for them or any of them, at the now dwelling-house of the said J.M. in L. aforesaid, that they the said M. H. and J. H. their Heirs, Executors, Administrators or Assigns, or any of them, are minded to pay unto the said J. M. and E. H. their Executors, Administrators or Assigns, the said Sum of 1600 li. at the end of one year then next following; And also do and shall make true payment of the said 1600 li. of, &c. in Gold or Silver unto the said J. M. and E. H. their Executors, Admi­nistrators or Assigns, at or in the said common dyning Hall of, &c. afore­said, at the end of one year next after such notice given or left as afore­said, over and above the said half-yearly payment of the said Rent then to be due, and without any defalcation, &c. prout supra. Or if the said Sum of 1600 li. shall be well and truly paid at the end of one year after notice for payment thereof given or left by or on the behalf of the said J. M. and E. H. or either of them, or th' Executors or Administrators of the Survivor of them, as aforesaid, according to the true intent and meaning of the Covenant in that behalf herein beforementioned and contained for payment thereof; And also if the said yearly Rent of 120 li. shall be also in the mean time duly paid, and no part thereof arrear, due or unpaid at the time of the payment of the said Sum of 1600 li. That then, from and after any such payment made of the said 1600 li. as aforesaid, not onely the said yearly Rent hereby reserved shall cease and not be paid; But also the said Indenture of Demise of all the [Page 51] said Premisses mentioned to be made by the said M. H. and J. H. bea­ring date the said, &c. day of this instant, &c. as aforesaid, shall ce [...]se, determine and become and be from thenceforth void, frustrate and of none effect; And that then also upon the Delivery up unto the said J. M. and E. H. their Executors, Administrators or Assigns, of that part of the said Indenture of Demise, and of these Presents, which are sealed by the said J. M. and E.H. to be cancelled, they the said J. M. and E. H. their Executors, Administrators and Assigns, shall and will deliver up unto the said M. H. and J. H. their Heirs, Executors or Administra­tors, that part of the said Indenture of Demise and of these Presents which are sealed by the said M. H. and J. H.

And the said J. M. and E. H. for themselves, their Executors, Ad­ministrators and Assigns, and for every of them, do covenant, pro­mise and grant to and with the said J. H. his Executors, Administrators and Assigns, by these Presents, That he, the said J. H. his Executors, Administrators and Assigns, duly paying the said yearly Rent herein be­fore reserved, and truly performing all the Covenants on his and their part and behalf to be performed, contained in these Presents and the said indenture of Demise beforemen [...]ioned, shall or lawfully may quietly and peaceably hold, occupie and enjoy the said Manor, Lands and Pre­misses, without interruption of the said J. M. and E. H. their Executors and Administrators, and clear and free from all Incumbrances had, made or done by them the said J. M. and E. H. their Executors, Administra­tors or Assigns. In witness, &c.

A general Letter of Attorney.

KNow all men by these Presents, That I, J. F. of, &c. one of the Sons of Sir H. F. deceased, have constituted, appointed, and in my place and stead put; And, by these Presents, do constitute, appoint, and in my place and stead put He. F. and Fr. F. of, &c. brothers of me the said J. F. to be my true and lawfull Attorney and Attorneys jointly and se­verally for me; and in my name, place and stead; and to my use, to ask, sue-for, levy, require, recover and receive, All and all manner of Debts, Duties, Rent and Rents, Sum and Sums of Money due or hereafter to be due or payable unto me the said J. F. by any person or persons whom­soever, for any matter, cause or thing whatsoever; And upon the Re­ceipt thereof, in my name, or in their, or either of their own name or names, to make and give Acquittances or other Discharges for the same; And also for me, and in my name and stead to enter and make any Entry or Entries into any Lands, Tenements or Hereditaments of me the said J. F. or out of which any Rent or other Duty or thing is or shall be due unto me, and into any other Lands, Tenements or Hereditaments that do or may belong unto me by reason of the non-payment of any Rent or Rents, or Sum or Sums of Money due or to be due unto me upon or by reason of any Mortgage or Mortgages, Lease or Leases, Estate or Estates, Conveyance or Conveyances, or otherwise howsoever; And for me and in my name to receive and take all or any the Rents, Issues and Profits of all or any such Lands, Tenements or Hereditaments; And [Page 52] to lett, set or otherwise dispose of all such Lands, Tenements and Here­ditaments, or any of them, and in such sort, manner and form as to my said Attorney or Attorneys, or either of them, shall seem good; And al­so for me and in my name to take or cause to be taken any Distress or Distresses, and make or cause to be made any Avowry or Avowries, Conusance or Conusances of or for any such Distress or Distresses; And for me and in my name to commence or prosecute any Suit or Suits, Ac­tion or Actions, aswell real as personal or mixt, for any Debt, Duty, matter, cause or thing whatsoever, due or belonging unto me, or to be demanded, or that may be demanded by me in any Court or Courts of Record, or in any other Court or Place whatsoever; and the same Acti­ons and Suits and every of them to prosecute and follow, or to discon­tinue the same, or become non-suit therein, if they shall see cause. And also for me and in my name to use and take all such waies, courses, means and remedies for the recovering, receiving, having, obtaining or get­ting any Manors, Lands, Tenements, Rents, Hereditaments, Goods, Chat­tels, Debts, Duties, Sum or Sums of Money, or other thing whatsoever that is, are or shall be, or by my said Attorneys, or either of them, shall be conceived or thought to be unto me belonging, appertaining, due, ow­ing or payable in any wise whatsoever, as I my self may or might use or take if I were present in person; And also to appear, make-answer and defend for me and in my name, in all manner of Actions and Suits whatsoever which are or at any time hereafter shall be commenced, sued or taken against me the said J. F. by any person or persons whomsoever; And for the better, doing, acting, performing or executing of all or any the Premisses, I do hereby farther give unto my said Attorneys or either of them jointly and severally full power and authority to constitute, appoint, authorize, and in their place and stead put one or more Attor­ney or Attorneys for me, and as my Attorney or Attorneys, and to be my Attorney or Attorneys, and the same at their pleasure again to re­voke, and other or others in his or their place to substitute; And to doe, execute, perform and finish for me and in my name all and singular things which shall be expedient and necessary in, about, for, touching or concerning the Premisses or any of them, as throughly and wholly as I, the said J. F. might or could doe in or about the same being perso­nally present; And whatsoever my said Attorneys or either of them shall doe or cause to be done in, about or concerning the Premisses, I, the said J. F. do and shall ratifie, confirm and allow as fully and amply as if I my self were present and did the same in my own person. In witness whereof, I, the said J. F. have hereunto put my Hand and Seal, the, &c. in the year, &c.

Defeasance of a Statute-staple.

THis Indenture made, &c. between T. A. of L. Esquire of the one part, and the right honourable W. Lord M. Baron M. of Estaines ad turrim in the County of E. of th' other part; Whereas the said W. Lord M. by one Recognizance or Writing obligatory, in nature of a Statute-staple bearing date the, &c. day of, &c. now last past, taken and [Page 53] acknowledged before H. R. Lord Chief Justice of the Court of, &c. is holden and firmly bound to the said T. A. in 3000 li. of, &c. payable as by the said Recognizance or Writing obligatory may appear.

Now this Indenture witnesseth, That the said T. A. is contented and pleased, and doth, by these Presents, for himself, his Heirs, Execu­tors, Administrators and Assigns, covenant, promise, grant and agree to and with the said W. Lord M. his Heirs, Executors, Administrators and Assigns, That if the said W. Lord M. his Heirs, Executors, Administra­tors, or any of them, do and shall well and truly pay or cause to be paid unto the said T. A. his Executors, Administrators or Assigns, the full Sum of 1522 li. 10 s. of, &c. which in and by one Indenture bearing even date with these Presents, and mentioned to be made between the said W. Lord M. and S. W. of the County of, &c. of the one part; and T. A. of th' other part, is covenanted and agreed to be paid unto the said T. A. his Executors, Administrators or Assigns, at such day and place, and in such sort, manner and form as the said 1522 li. 10 s. is in and by the said Indenture covenanted and agreed to be paid, according to the true intent and meaning of the said Indenture in that behalf, That then the said Recognizance or Writing obligatory shall be void, frustrate and of none effect to all intents and purposes. In witness, &c.

Defeasance of a Statute-merchant, to perform Cove­nants in Indentures contained.

THis Indenture made, &c. between W. A. of G. I. in the County of M. Gent. of th' one part; and R. S. of, &c. T. S. son and heir apparent of, &c. and R. S. younger son of, &c. of th' other part; Whereas the said R. S. T. S. and R. S. by one Recognizance or Wri­ting obligatory, in nature of a Statute-merchant, bearing date, &c. last past before the date hereof, taken and acknowledged at, &c. before A.T. Gent. Maior of the same Town and Borough, and before R. M. Esquire, deputed and assigned Clerk for the taking of Recognizances for Debts within the said Town and Borough of W. according to the form of Sta­tutes-merchant, stand bound unto the said W. A. in 600 li. of, &c. pay­able as by the said Recognizance or Writing obligatory may appear.

Now this Indenture witnesseth, That the said W. A. is contented and pleased; And doth, by these Presents, for himself, his Heirs, Exe­cutors, Administrators and Assigns, covenant, promise, grant and agree to and with the said R. S. T. S. and R. S. their Executors, Administra­tors and Assigns, and to and with every of them, That if the said R. S. T. S. and R. S. their Heirs, Executors, Administrators and Assigns, and every of them, do for their part well and truly pay, observe, perform, fulfill and keep Aswell all and singular the Payments, Covenants, Grants, Articles, Promises and Agreements which on their part are to be obser­ved, performed, fulfilled and kept, specified and contained in one Pair of Indentures bearing date ult. Julii last past before the date hereof, mentioned to be made between the said R. S. T. S. and R. S. of the one part, and the said W. A. of th' other part; As also all and singular the Payments, Covenants, Grants, Promises and Agreements which on their [Page 54] part are to be observed, performed, fulfilled and kept, specified and con­tained in one other pair of Indentures bearing date the, &c. day of, &c. mentioned to be made between the said W. A. of th' one part, and the said R. S. T. S. and R. S. of th' other part; That then the said Recog­nizance or Writing obligatory shall be void, frustrate and of none effect to all intents and purposes. In witness, &c.

Bill on the behalf of M. A. to discover Incumbran­ces upon a Demise and Redemise.

HUmbly complaining sheweth unto your Lordships, your Orator W. A. of G. I. in, &c. Gent. That R.S. of little M. in Com. L. Esquire, and T. S. and R.S. sons of the said R. S. pretending that they or some or one of them were lawfully seised in fee of and in the Manor or Lordship of little M. with the rights, members and appurtenances thereof in the County of L. and of and in divers Messuages, Lands, Tenements and Heredita­ments in little M. and H. in the said County; And that the said Manor and Premisses was of the yearly value of 150 li. per annum at the least over and above all charges and reprizes; And pretending also, that the same was free from all former or future Estates, Rights, Titles, Charges and Incumbrances whatsoever; And that they or some or one of them had good right and power to sell and convey away the same; They the said R. S. T. S. by the said R. S. their Agent did conclude and agree to and with your Orator for the securing of a yearly Rent of 50 pounds to be paid unto your Orator and his Assigns, during the life of your Ora­tor, in consideration of a valuable Sum of Money to be paid by your Orator for the same unto the said R. S. T. S. and R. S. or some or one of them; They the said R. S. T. S. and R. S. would convey and assure the said Manor and Premisses unto your Orator, his Executors and Ad­ministrators, for and during the term of 99 years; And that your Ora­tor should make a Redemise thereof unto the said T. S. and R. S. their Executors and Administrators, for and during the term of 98 years with reservation of the said yearly Rent of 50 li. to be paid on the second day of, &c. and the day of, &c. in every year during the said term, if your said Orator should so long live; And your Orator, not doubting but that the said R. S. T. S. and R. S. would have conveyed the same according to their Promise and Undertaking, did presently, upon the making of the said Agreement, make ready all the said Money to have been paid upon the making of the said Assurance.

But now so it is, May it please your Lordships, That since the ma­king of the said Agreement and Bargain your Orator hath been given to understand, and the said R. S. T.S. and R. S. do all of them very well know, that they have not, nor any of them hath any such estate in the Premisses as was pretended by them; Nor have they or any of them power to convey the same, according to the said Agreement; Neither are the same of such value as was pretended, for that two third parts of the said M. and Premisses are seised for Recusancy; And also the said Manor and Lands are mortgaged or engaged to S. E. and others; And are otherwise so clogged, charged and incumbred with divers Leases, [Page 55] Estates, Conveyances, Grants, Mortgages, Rents, Judgments, Statutes, Recognizances, Seisures, and other Charges and Incumbrances as are well known unto them the said R. S. T. S. and R. S. which will and do, in time, precede any Estate that can be made thereof unto your Orator, whereby they are disabled to perform the said Agreement, to the great prejudice of your Orator, having immediately after the said Agreement provided all his said Money ready, which he hath been and is still infor­ced to his hindrance to keep by him without any manner of imploiment.

In tender consideration whereof, and to the intent the said R. S. T. S. and R. S. may discover upon their Oaths by way of Answer here­unto what Estate they or any of them have in the said Manor, Lands and Premisses; And whether the same be of the yearly value of 150 li. per annum, as is pretended; And if not, what the value thereof is; And what Estates, Charges and Incumbrances the same are liable unto; And particularly, for what Cause the same are mortgaged or ingaged to the said S. E. And what Monies are due and payable unto him the said S. E. by reason thereof; And may be compelled either to clear and free the same from the said Mortgage, and all other Mortgages, Titles, Troubles, Charges and Incumbrances whatsoever; or otherwise to recompense your Orator for the Damage sustained by the not performing of the said Agreement on their part.

May it please your Lordships to grant unto your Orator one or more Writ or Writs of Subpoena to be directed unto them the said R. S. T. S. and R. S. commanding them and every of them thereby at a certain day and under a certain pein therein to be limited, personally to be and ap­pear before your Lordships in the Honourable Court of Chancery, &c.

Assignment of the said Manor of little M. from S. E. to W. A.

THis Indenture made, &c. between J. E. of, &c. of th' one part; and W. A. of, &c. of the other part; Whereas by one Inden­ture bearing date, &c. made or mentioned to be made between R. S. of little M. in Com. L. Esquire, and T.S. Son and Heir apparent of, &c. of the one part; and J. E. of, &c. of th' other part; They the said R. S. and T. S. for the Consideration therein mentioned did grant, bargain and sell, or did make mention to grant, bargain and sell unto the said J. E. his Executors, Administrators and Assigns, All that Manor of little M. with the Rights, Members and Appurtenances thereof, and all and every the Houses, Edifices, Buildings, Lands, Tenements, Meadows, Pa­stures, Feedings, Woods, Rents and Hereditaments whatsoever to the said Manor or Lordship of little M. belonging or appertaining, or there­with used, occupied and enjoyed, or accepted, reputed or taken to be part, parcell or member thereof; And also all that Water-corn-mill with th'appurtenances in little M. aforesaid, with the Soke, Suit, Mulcture, Streams and Profits thereunto belonging or therewith used and enjoyed as part, parcell or member thereof; And all and every the Messuages, Houses, Edifices, Buildings, Mills, Lands, Tenements, Meadows, Pastures, Feedings, Woods, Wastes, Waste-grounds, Commons, Royalties, Privi­leges, [Page 56] Emoluments, Jurisdictions, Profits, Commodities and Heredita­ments whatsoever, scituate, lying and being in the Towns, Townships, Villages, Hamlets or Precincts of little M. aforesaid, and H. or either of them, whereof or wherein the said R. S. and T. S. or either of them, then or theretofore had any Estate of Inheritance in Possession, Reversion or Remainder; And all that free Piscary in the Waters of R. To have and to hold the said Manor or Lordship of little M. Houses, Edifices, Buildings, Lands, Tenements, Hereditaments and Premisses, with their and every of their appurtenances, unto the said J. E. his Executors, Ad­ministrators and Assigns, from the Feast of, &c. then last past before the date of the said Indenture, unto the full end and term of 21 years from thence next ensuing and fully to be complete and ended; As in and by the said Indenture (relation being thereunto had) more plainly, &c.

Now this Indenture witnesseth, That the said J. E. for and in consideration of the Sum of 200 li. of, &c. to him in hand paid by the said W. A. at or before the Sealing and Delivery of this present Inden­ture; The Recept whereof the said J. E. doth hereby acknowledge; And thereof, &c. Hath bargained, sold, assigned and set over; And, by these Presents, doth, &c. All that the said Manor or Lordship of little M. with the Rights, Members and Appurtenances thereof, and all and every the Messuages, Lands, Tenements and Hereditaments whatsoever, which in and by the said Indenture, bearing date, &c. were granted, bargained and sold unto the said J. E. his Executors, Administrators and Assigns; And also all the Estate, Right, Title, Interest, Term of years, Propertie, Claim and Demand whatsoever of him the said J. E. of, in and to the said Manor or Lordship, Messuages, Lands, Tenements, He­reditaments and Premisses whatsoever, and of, in and to every or any part or parcell thereof; To have and to hold the said Manor or Lord­ship, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses, with their and every of their Appurtenances, unto the said W. A. his Executors, Administrators and Assigns, for and during all the rest and residue of the said term of 21 years yet to come and un­expired.

And the said J. E. for himself, his Executors, Administrators and As­signs, and for every of them, doth covenant, promise and grant to and with the said W. A. his Executors, Administrators and Assigns, by these Presents, That he, the said J. E. hath not done, or willingly and wittingly suffered to be done any act or thing whereby the said Manor or Lordship, Messuages, Lands, Tenements, Hereditaments and Premis­ses or any of them, are or may be impeached, charged or incumbred in Title, Charge, Estate or otherwise. In witness, &c.

An Indenture of Mortgage, with Liberty to re­deem.

THis Indenture made, &c. between J.W. of, &c. of the one part; and the right honourable W. Lord P. of the other part; Where­as by one Indenture bearing date the,This second Indenture is that of Bar­gain & Sale. &c. day of, &c. And by one other Indenture bearing even date with these Presents, both of them made [Page 57] between the said W. Lord P. of th' one part; and the said J. W. of the other part; The said Lord P. for the consideration of—pounds of, &c. therein mentioned; Hath granted, bargained, sold and conveyed, or made mention to grant, bargain, sell and convey unto the said J. W. his Heirs and Assigns; All that the Manor or Lordship of K. and K. otherwise called, &c. with th' appurtenances set, lying, and being in K. F. S. E. and N. in the Counties of C. and S. together with the Advowson and Pa­tronage of the Parsonage of K. and other Hereditaments in the said In­denture mentioned; And also all other the Manors, Messuages, Lands, Tenements and Hereditaments whatsoever of him the said Lord P. or whereof or wherein he ever had any manner of Estate of Inheritance or Freehold in Possession, Reversion or Expectancy, scituate, lying, being, coming, growing, happening or arising within the Towns, Fields, Pa­rishes, Hamlets, Precincts or Territories of K. F. S. E. and N. aforesaid, or in any of them, or elsewhere in the said Counties of C. and S. or in ei­ther of them; As in and by the said Indenture, (relation, &c.)

Now this Indenture witnesseth, That it is covenanted, granted, concluded and agreed by and between the said Parties to these Presents; And the said J. W. for himself, his Heirs, Executors, Administrators and Assigns, doth covenant, promise, and grant to and with the said W. Lord P. his Heirs and Assigns, by these Presents, That if the said W. Lord P. his Heirs, Executors, Administrators or Assigns, or any of them, do and shall well and truly pay or cause to be paid unto the said J. W. his Executors or Administrators, the full Sum of — pounds of, &c. upon the, — day of M. next ensuing the date of this present Inden­ture, at or in the common dyning Hall of, &c. That then he the said J. W. his Heirs or Assigns, shall and will at any time within one year next after such Payment made as aforesaid, at and upon the reasonable request and proper costs and charges in the Law of the said W. Lord P. his Heirs or Assigns, well and sufficiently convey and assure unto the said W. Lord P. his Heirs and Assigns, by such good and sufficient Convey­ances and Assurances as the said W. Lord P. his Heirs or Assigns, or his or their Council Learned in the Law shall be reasonably devised or ad­vised; All and singular the said Manors, Lordships, Lands, Tenements, Hereditaments and Premisses whatsoever, which in and by the said reci­ted Indentures or either of them are conveyed unto the said J. W. and his Heirs, as aforesaid, free and clear from all Incumbrances had, made or done, or to be had, made or done by the said J. W. his Heirs or Assigns.

And yet nevertheless it is hereby declared and fully agreed by and between the said Parties to these Presents, for them and their Heirs, That the said Conveyances made by the said Lord P. to the said J. W. as aforesaid, or these Presents were not, nor are intended, nor shall be taken or construed to be in the nature of a Mortgage or Securitie for Money in any wise, or to give any equitable Right, Trust or Liberty of Redemption of the Premisses unto the said Lord P. or his Heirs; Nei­ther shall the said J. W. or his Heirs or Assigns be any way accomptable for the Profits of the said Manors, Lands and Premisses unto the said W. Lord P. his Heirs or Assigns, in case he or they shall make payment of the said Sum of — pounds at the day and place beforementioned; Neither shall the said Lord P. his Heirs, Executors or Administrators, be any way compellable in Law or Equity to pay the said Money, the same being left to his and their free choice whether he or they will pay the same [Page 58] or not. And in case he or they shall not pay the same upon the said — day of — now next ensuing, Then the said J. W. his Heirs, Executors or Administrators, shall not be compellable to accept the same, nor to make any Reconveyance at all of the said Manor, Lands and Premisses; It being agreed between the said Parties and hereby acknowledged by the said Lord P. that the said Sum of—pounds paid by the said J. W. is the full and true Value of the said Manor and Lands, and not Money lent, but paid by the said J. for the absolute purchase thereof. Onely it is agreed, That the said Lord P. his Heirs or Assigns shall have an Election and Power to have it again, if he or they shall pay the said Sum of—pounds at the place aforesaid, upon the said, &c. day of M. next ensuing the date hereof, but shall not have liberty to pay the same at any other time; And in case the said Lord P. or his Heirs, Executors or Administrators, shall not pay the said Sum of—pounds, at the day and place aforesaid; Then he, the said Lord P. doth for himself and his Heirs hereby disclaim all Suits in Equity; Neither shall nor will he or they be relievable in any Court or Courts of Equity or elsewhere concerning the Premisses, nor seek to have again the said Manor or Lands, or Account for the Profits thereof; But he the said W. Lord P. his Heirs and Assigns, upon the request, and at the costs and charges in Law of the said J. W. his Heirs or Assigns, after the said, &c. day of M. in case the said Sum of, &c. pounds be not then paid, shall and will make such farther Release or other Conveyances for the absolute relea­sing all his and their Right, Title and Interest in Law or Equity of, in and to the Premisses, unto the said J. W. his Heirs or Assigns, as by the said J. W. his Heirs or Assigns, or his or their Council Learned in the Law shall be reasonably required.

And it is farther agreed by and between the said Parties to these Presents, That if the said Money be not paid upon the said, &c. day of M. next; That then this present Indenture, under the Hand and Seal of the said Lord P. shall be delivered up unto the said J. W. his Heirs or Assigns to be cancelled; And that then he the said J. W. his Heirs or Assigns shall and will, upon such delivery up to him or them of this pre­sent Indenture to be cancelled, seal and deliver unto the said Lord P. his Heirs, Executors, Administrators or Assigns a Covenant, That he the said J. W. his Heirs or Assigns, shall not nor will take any advantage of the Breach of any Covenant in the said recited Indenture contained, for or in respect onely of the Sequestration of two parts of the said Manor, Lands and Premisses, for the Recusancie of the said Lord P. In wit­ness, &c.

Another Bill to discover Incumbrances upon a Con­veyance and Reconveyance.

HUmbly complaining, sheweth unto your Lordships, your Orator, R. A. of, &c. That H. S. the elder of E. in the County of O. and H. S. the younger, eldest Son of the said H. S. th' elder, pretending that they or one of them were lawfully seised in their or one of their De­mesne of a good, perfect and absolute Estate of Inheritance in Feesimple [Page 59] of and in the Manor and Lordship of E. in the County of O. with the rights, members and appurtenances thereof, and of and in divers Messu­ages, Lands, Tenements and Hereditaments to the said Manor or Lord­ship belonging or appertaining; And of and in divers other Messua­ges, &c. scituate, lying, &c. within the several Parishes, &c. of E. C. P. and C. or some of them in the said County of O. And that the said Ma­nor, Lands and Premisses were of such yearly value as was mentioned in a particular thereof dated the, &c. day of M. &c. subscribed with the hand of the said H. S. th' elder and delivered unto your Orator over and above all charges and reprizes whatsoever issuing and going out of the same; And that the same were free of and from all manner of Estates, Rights, Titles, Charges and Incumbrances whatsoever, save onely one Lease by Indenture, bearing date the, &c. day of, &c. made by the said H. S. th' elder and H. S. the younger, unto P. P. Spinster, for security of 400 li. therein mentioned, and Interest for the same; And pretending also that they the said H. S. th' elder and H. S. the younger had full power and authority in themselves to sell or convey away the said Ma­nor, Lands and Premisses; They did lately, about a month since, pro­mise, conclude and agree to and with your said Orator, that they and the said P. P. for the consideration of 1500 li. to be paid by your said Ora­tor, would convey their several Estates and Interests unto your Orator, or such as he should appoint upon your Orators Covenant, to reconvey the same upon the repayment of his said Money and Interest for the same at the rate of 7 li. per Centum, at certain daies and times between them and your Orators agreed upon; And your Orator, not doubting but that the said H. S. th' elder and H. S. the younger would have con­veyed the same accordingly, your Orator did provide all the said Money ready to be paid down upon the making of the said Assurances.

But now so it is, may it please your Lordships, That your Ora­tor expecting to have the said Agreement truly performed, your Orator hath since been informed, and hath cause to suspect, the said H. S. th' el­der and H. S. the younger, or one of them, or one R. D. who hath some Estate therein in trust for them or one of them, have so clogged and in­cumbred the said Manor, Lands and Premisses, with divers Statutes, Judg­ments, Recognizances, Mortgages, Leases, Estates, Rents, Charges, Sei­zures and Extents upon Utlaries and other Incumbrances, or the said Ma­nor, Lands and Premisses are otherwise subject to Incumbrances well known to the said H. S. th'elder and H. S. the younger, which will and do, in time, precede any Estate that can be made thereof unto your Ora­tor, whereby the said H. S. th' elder and H. S. the younger are altoge­ther disabled to perform the said Agreement to the great prejudice of your Orator, having, immediatly after the said Agreement, provided all the said Money, which he hath been and is forced to keep by him with­out any manner of imploiment.

In consideration whereof, and to the intent the said H. S. th' elder and H. S. the younger may by their Answers hereunto truly discover and set forth what Estates they or any other person or persons have in the said Manor, Lands and Premisses, and what Judgments, Statutes, Recog­nizances, Charges, Rents or other Incumbrances the said Manor, Lands and Premisses are liable unto or chargeable with either by their act or by the act of any other, or otherwise howsoever; And may set forth the true yearly value thereof above all charges and reprizes; And what [Page 60] charges and reprizes in particular are issuing and going out thereof; And may farther answer all and singular the Premisses; And may be compel­led either to clear the same of all Incumbrances, and to make a good and clear Estate thereof unto your Orator and such as he shall appoint, ac­cording to the said Agreement, or otherwise, to give your Orator satis­faction for his damage sustained, and to relinquish the said Agreement.

May it please your Lordships, &c.

Assignment of a Mortgage.

THis Indenture made, &c. between the Right Honourable VV. Lord M. of, &c. and S. W. of, &c. of th' one part; and T. A. of, &c. of th' other part; Whereas the said VV. Lord M. by Indenture tripartite dated, &c. made between the said VV. Lord M. of the first part; N. VV. of the County of L. Merchant, C. P. of the middle Tem­ple L. Esquire, and R. B. of L. aforesaid Merchant, of the second part; and E. E. of the middle Temple aforesaid Esquire, now one of the Ma­sters of the Chancery, and J. A. of the middle Temple aforesaid Gent. of the third part; for the Considerations therein mentioned, did grant, bargain and sell, or mention to grant, bargain and sell unto the said N. VV. C. P. and R. B. their Executors, Administrators and Assigns, All that the Lordship, Manor or Farm of R. in T. in the said County of E. with all the rights, members and appurtenances thereunto belonging, and all other the Lands, Tenements and Hereditaments thentofore in the tenure or occupation of T. VV. &c. with divers other Messuages, Lands, Tenements and Hereditaments in the said recited Indenture specified; To have and to hold the said Manor, Farm and Premisses for the term of 500 years from the making of the said Indenture, under a certain Proviso or Condition therein mentioned; As by the said recited Inden­ture may more fully appear.

And whereas by one other Indenture tripartite bearing date the, &c. and mentioned to be made between the said Lord M. of the first part, the said N. VV. C. P. and R. B. of the second part, and R. P. C. and VV. of L. of the third part; the said N. VV. C. P. and R. B. at the de­sire of the said Lord M. and for the Consideration in the said Indenture specified, did assign and set over unto the said R. P. his Executors and Administrators, the aforesaid Manor and Farm, and all other the Messu­ages, Lands, Tenements and Hereditaments bargained and sold to them the said N. VV. C. P. and R. B. or any of them in or by the said recited Indenture, with their and every of their rights, members and appurte­nances; And all the Estate, Right, Title, Interest, Term of years, and Demand whatsoever of them the said N. VV. C. P. and R. B. in and to the Premisses and every part of the same; To have and to hold to the said R. P. his Executors, Administrators and Assigns, from the date of the said last recited Indenture, for all the remaining term of 500 years then to come and unexpired, under the Proviso and Condition therein like­wise mentioned.

And the said Lord M. did farther, by the said recited Indenture of the, &c. grant and confirm unto the said R. P. his Executors and Admi­nistrators, [Page 61] the said Manor and Farm and other the said Premisses for the aforesaid term of 500 years; to be accompted from the said, &c. day of, &c. then last past; As in and by the said several Indentures (relati­on being thereunto had) may fully, &c. appear.

And whereas Sir R. E. of VV. in the County of E. Baronet, and R. M. of D. in the said County of E. Esquire, by their Deed-poll bearing date the same date with the said last recited Indenture, at the like desire and by the request of the said Lord M. did ratifie and confirm the Estate and Interest of the said R. P. in the Premisses, under the Condition in the said last recited Indenture expressed; As by the said Deed-poll (re­lation being thereunto had) more plainly appeareth.

And whereas by one other Indenture bearing date, &c. made be­tween the said Lord M. and R. P. of the one part, and the said S. VV. party to these Presents, of the other part; The said R. P. at the desire of the said VV. Lord M. and for the Consideration in the said Indenture specified, did grant, assign and set over unto the said S. VV. his Execu­tors and Administrators, the aforesaid Manor and Farm, and all other the Messuages, Lands, Tenements and Hereditaments mentioned in the said several recited Indentures to be respectively granted, assigned and set over unto the several persons therein respectively named, with their and every of their rights, members and appurtenances, together with the said several Indentures of Grant and Assignment, and the said Deed of Con­firmation, and all other Deeds and Writings which in any sort concern the same, and were then in the possession of the said R. P. And all the Estate, Right, Title, Interest, Term of years and Demand whatsoever of him the said R. P. of, in and to the Premisses and every part of the same. To have and to hold the said Manor, Farm and Premisses, with their and every of their rights, members and appurtenances, to the said S. W. his Executors, Administrators and Assigns, from the day before the date of the said Indenture for and during all the remaining term of 500 years then to come and unexpired.

And whereas the said W. Lord M. did also, by the same Indenture, grant, bargain, sell and confirm unto the said S. VV. his Executors and Administrators the aforesaid Manor and Farm, and all other the before-bargained and assigned Messuages, Lands, Tenements and Hereditaments, during the remainder and remaining term of 500 years so assigned by the said R. P. unto the said S. VV. as aforesaid; As in and by the said last reci [...]ed Indenture (relation being thereunto had) more plainly, &c. appear.

Now this Indenture witnesseth, That the said S. VV. at the de­sire and by the consent of the said W. Lord M. witnessed by his being Party to these Presents, and b [...] his sealing and delivering one part there­of; And in consideration of the full Sum of 1500 li. of, &c. to him the said S. W. in hand paid by the said T. A. at or before the Sealing and De­livery of this present Indenture; the Receipt whereof the said S. W. doth hereby acknowledge; And for divers other good Causes and Con­siderations him the said S. VV. thereunto moving, Hath granted, as­signed and set over, and, by these Presents, doth grant, assign and set over unto the said T. A. his Executors and Administrators the aforesaid Lordship, Manor and Farm of R. aforesaid, with all the rights, members and appurtenances thereunto belonging; And all other the Messuages, Lands, Tenements and Hereditaments mentioned and expressed in the [Page 62] said several recited Indentures or any of them to be respectively granted, assigned and set over unto the several persons therein respectively na­med, with their and every of their rights, members and appurtenances, together with the said several Indentures of Grant and Assignment, and the said Deed of Confirmation; And all other Deeds and Writings which in any sort concern the same, and are now in the possession of the said S. VV. And all the Estate, Right, Title, Interest, Term of years and Demand whatsoever of him the said S. VV. of, in and to the Premisses and every part of the same; To have and to hold the said Lordship, Manor, Farm and Premisses, with their and every of their rights, members and appurtenances, to the said T. A. his Executors, Ad­ministrators and Assigns, from the day before the date of these Presents for and during all the rest and residue of the said term of 500 years yet to come and unexpired.

And the said S. VV. for himself, his Heirs, Executors and Administra­tors and for every of them doth covenant, promise and grant to and with the said T. A. his Executors, Administrators and Assigns, by these Pre­sents, That he, the said T. A. his Executors, Administrators and Assigns, shall or lawfully may from time to time, and at all times hereafter, du­ring the said time hereby assigned or mentioned to be assigned quietly and peaceably have, hold, possess and enjoy all and singular the said Lord­ship, Manor, Farm and Premisses, free and clear, and freely, clearly and absolutely acquitted, freed and discharged of and from all and all man­ner of Charges, Estates and Incumbrances whatsoever, had made, done or willingly suffered by him the said S. VV. or any claiming under him or by or with his privity or consent.

And the said W. Lord M. for himself, his Heirs, Executors, Admini­strators and Assigns, and for every of them, doth covenant, promise and grant to and with the said T. A. his Executors and Administrators, by these Presents, That he, the said VV. Lord M. his Heirs, Executors, Ad­ministrators or Assigns, or some of them, shall and will well and truly pay or cause to be paid unto the said T. A. his Executors, Administrators or Assigns, the full Sum of, &c. of lawfull Money of England, upon the, &c. day of, &c. next ensuing the date hereof; at or in the now dwelling-house of the said T. A. scituate in F. L. without any defalca­tion, deduction or abatement of any thing for any Taxes, Charges, As­semssents, or other matter or thing whatsoever ordinary or extraordi­nary.

And it is hereby covenanted, granted, concluded and agreed by and between the said Parties to these Presents, and the said T. A. for himself, his Executors, Administrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said VV. Lord M. his Heirs, Executors, Administrators and Assigns, by these Presents, That if the said VV. Lord M. his Heirs, Executors, Administrators or Assigns, or any of them, shall make true payment of the said Sum of, &c. pounds herein before covenanted to be paid at the day and place herein before appoin­ted for payment thereof; That then he, the said T. A. his Executors, Administrators and Assigns, shall and will, at the request, costs and char­ges of the said VV. Lord M. his Heirs or Assigns, assign over and convey all his remaining Estate in the Premisses to the said VV. Lord M. his Ex­ecutors or Administrators, or to such person or persons as the said VV. Lord M. his Executors or Administrators shall direct or appoint, freed [Page 63] of and from all Incumbrances done or suffered by the said T. A. his Ex­ecutors, Administrators or Assigns.

And farther also, That until default shall be made in the payment of the Money herein before covenanted to be paid, or of some part there­of, he, the said T. A. his Executors, Administrators and Assigns, shall and will permit and suffer the said W. Lord M. his Heirs and Assigns, to receive and take all the Rents and Profits of the said Manor, Farm and Premisses, without interruption of him the said T. A. his Executors, Ad­ministrators or Assigns, or any account to be made to him for the same.

And the said W. Lord M. doth for himself, his Heirs, Executors and Administrators, covenant, promise and grant to and with the said T. A. his Executors, Administrators and Assigns, by these Presents, That all the Tenants and Occupiers of all the said Manor, Farm, Lands and Pre­misses, shall and will attorn and become Tenants unto the said T. A. his Executors or Administrators, within one month next after any default of payment made by the said W. Lord M. his Heirs, Executors or Admi­nistrators, of the Sums of Money agreed, by these Presents, to be paid unto the said T. A. his Executors, Administrators or Assigns.

And the said W. Lord M. doth farther, by these Presents, for himself, his Heirs, Executors, Administrators and Assigns, covenant, promise and grant to and with the said T. A. his Executors, Administrators and As­signs, by these Presents, That at the time of the Sealing and Delivery of these Presents the said Manor, Farm, Lands and Premisses are free of and from all manner of Incumbrances whatsoever which may any way encumber the same or any part thereof in Title, Charge, Interest, Estate or otherwise.

And that in case any failer shall be in payment of the said Sum of, &c. pounds, or any part thereof, at the day or place herein before appoin­ted for payment thereof, That then and from thenceforth the said T. A. shall and may quietly and peaceably have, hold, occupie, possess and en­joy all and singular the said Manor, Farm, Lands and Premisses, and take the Profits thereof, without the lett, trouble, interruption, e­viction or ejection of him the said W. Lord M. his Heirs or Assigns, or of any other person or persons whatsoever.

And that then also, in case of such failer of Payment, he, the said W. Lord M. his Heirs and Assigns, and all and every other person or persons whatsoever, any Estate having or lawfully claiming of, in or to the Premisses or any part thereof, shall and will at and upon the request, costs and charges of the said T. A. his Executors, Administrators or As­signs, doe and cause to be done all such acts and things for the farther assuring and conveying of the said Manor, Farm and Premisses to the said T. A. his Executors, Administrators and Assigns, for all the remainder of the said term of 500 years; As by the said T. A. his Executors, Admi­nistrators or Assigns, or his or their Council Learned in the Law shall be reasonably devised, advised or required. In witness whereof, &c.

Mortgage of Houses.

THis Indenture made the, &c. between J. B. C. and P. of L. and J. B. of, &c. of th' one part; and E. B. of L. Widow, of the other part; Witnesseth, That the said J. B. and J. B. for and in considerati­on of the Sum of, &c. to them in hand paid by the said E. B. at or be­fore the Sealing and Delivery of this present Indenture, the receipt whereof the said J. B. and J. B. do hereby acknowledge, and thereof and of every part and parcell thereof do clearly and absolutely acquit, exonerate and discharge the said E. B. her Executors and Administrators for ever, by these Presents; Have demised, granted, bargained and sold, and, by these Presents, do demise, grant, bargain and sell unto the said E. B. her Executors and Administrators, All that great Messuage or Te­nement, with th' appurtenances, commonly called or known by the name of S. scituate, lying and being, &c. And all those two little Messu­ages and Tenements, with their appurtenances, lying and being on the back-side of the said great Messuage and Tenement; And all Houses, Or­chards, Yards, Gardens, Back-sides, Lights, Easements, Waters, Waies, Profits, Commodities, Advantages, Emoluments, Hereditaments and Ap­purtenances whatsoever to the said Messuages and Tenements, or any of them belonging or in any wise appertaining, or therewithall common­ly used, occupied or enjoyed as part, parcell or member thereof, or of any part thereof; And the Reversion and Reversions, Remainder and Remainders of all and singular the Premisses, with their Appurte­nances; To have and to hold the said Messuages, Tenements and Pre­misses, with their Appurtenances, unto the said E. B. her Executors, Ad­ministrators and Assigns, for and during the Term of 500 years from henceforth next ensuing and fully to be complete and ended.

Provided alwaies, And upon this Condition nevertheless, That if [...]he said J. B. and J. B. or either of them, their or either of their Heirs, Executors, Administrators or Assigns, or any of them, do and shall well and truly pay or cause to be paid unto the said E. B. her Executors, Ad­ministrators or Assigns, or any of them; at or in the now dwelling­house, &c. the full Sum of 128 li. and 15 s. of lawfull, &c. in Gold or Silver, upon the, &c. day of, &c. which shall be in the year of our Lord God, &c. And also the full Sum of 3 li. 15 s. of like Money, every half year (viz.) upon every, &c. day of, &c. and, &c. in every year until the said, &c. day of, &c. in the said year of our Lord God, &c. The first of the said half-yearly payments to be made on the, &c. day of, &c. next ensuing the date hereof; And all the said payments to be made at the place of payment before mentioned fully and intirely and without any abatement, deduction or defalcation of any thing for or in respect of any Taxes, Charges, Payments or Assessments issuing out of or char­ged or imposed upon, or to be issuing out or charged or imposed upon the said Messuages, Tenements and Premisses, or any part or par­cell thereof, or upon the said several Sums of Money, or any part thereof, or by reason thereof, by any Order, Ordinance, or Act or Acts of Parliament, or otherwise howsoever; That then, from and immediately after the said last payment made, this present Indenture and all and every the Term and Estate thereby made and granted or men­tioned [Page 65] to be made or granted shall cease, determine, and become and be void, frustrate and of none effect to all intents and purposes.

And the said J. B. and J. B. for themselves, their Heirs, Executors, Administrators and Assigns, and for every of them, do covenant, pro­mise and grant to and with the said E. B. her Executors, Administrators and Assigns, by these Presents, That they, the said J.B. and J. B. or one of them, their or one of their Heirs, Executors, Administrators or Assigns, shall and will without any defalcation, deduction or abatement of any thing for or in respect of any Taxes, Charges, Payments or Assessments, as aforesaid, well and truely pay or cause to be paid unto the said E. B. her Executors, Administrators or Assigns, or some of them, at the place of payment before mentioned the said Sum of 128 li. and 15 s. of law­full, &c. in Gold or Silver upon the said, &c. day of, &c. And also the full Sum of 3 li. and 15 s. of like Money every half-year (viz.) upon every, &c. day of, &c. in every year, until the said, &c. day of, &c. in the said year of, &c. The first of the said half-yearly payments to be made on the, &c. day of, &c. next ensuing the date hereof, as aforesaid.

And the said E. B. for herself, her Executors, Administrators and As­signs, and for every of them, doth covenant, promise and agree to and with the said J. B. and J. B. their Heirs and Assigns, by these Presents, that until some default shall be made of or in payment of the said Mo­neys herein before covenanted to be paid, or of some part thereof, she the said E. B. her Executors, Administrators and Assigns shall and will permit and suffer the said J. B. and J. B. their Heirs and Assigns, peace­ably and quietly to have, hold and enjoy the said Messuages, Tene­ments, Hereditaments, and all and singular other the Premisses, here­by demised or mentioned to be demised, with their and every of their appurtenances; And the Rents, Issues and Profits of them and every of them to their own use and uses, without the lett, suit, trouble, inter­ruption, eviction or ejection of her the said E. B. her Executors, Admi­nistrators or Assigns, and without any account to be given unto her the said E. B. her Executors, Administrators or Assigns, for or concerning the same.

And the said J. B. and J. B. for themselves, their Heirs, Executors, Administrators and Assigns, and for every of them, do jointly and seve­rally covenant, promise and grant to and with the said E. B. her Exe­cutors, Administrators and Assigns, by these Presents, That they, the said J. B. and J. B. have, or one of them hath good right, lawfull and abso­lute power and authority in themselves or in one of them, to demise, grant, bargain and sell the said Messuages, Tenements, Hereditaments, and all and singular other the Premisses hereby demised or mentioned to be demised, and every part and parcell thereof, with their and every of their appurtenances, unto the said E. B. her Executors, Administra­tors and Assigns, for and during all the said term of 500 years, and in manner and form aforesaid.

And that if default shall happen to be made of or in payment of the said Monies herein before covenanted to be paid, or of any part there­of, at any of the times herein before limited for payment thereof, That then and from thenceforth it shall and may be lawfull to and for the said E. B. her Executors, Administrators and Assigns, into all and singular the Premisses and into every part and parcell thereof to enter, and the same from thenceforth for and during all the then rest and residue of the [Page 66] said term of 500 years peaceably and quietly to hold and enjoy; And all and every the Rents, Revenues, Issues, Profits and Commodities thereof, and of every part and parcell thereof, coming, arising and growing, to have and take, without any manner of denyal, lett, suit, trouble, hindrance, interruption, eviction or ejection of or by the said J. B. and J. B. or either of them, their or either of their Heirs or As­signs; and without the lawfull lett, suit, trouble, interruption, eviction or ejection of or by any other person or persons whatsoever; And free and clear, and freely, clearly and absolutely acquitted, freed, exonerated and discharged of and from all and all manner of former and other Bar­gains, Sales, Gifts, Grants, Jointures, Dowers, Intails, Leases, Mortgages, Estates, Titles, Rents, Arrerages of rents, Judgments, Statutes, Recogni­zances, Debts, Executions, Extents, Troubles, Forfeitures, Sequestrations, Seisures, Decrees, Charges and Incumbrances whatsoever; Saving and except one Lease by Indenture, bearing date, &c. made by J. B. late Father of the said J. B. and by the said J. B. unto G. G. of the said Mes­suages, Tenements and Premisses for the term of 21 years from the Feast of the Nativity, &c. last past before the date of the said Indenture, un­der the yearly Rent of 20 li. yearly payable during the said term; Which said Rent of 20 li. from and after default of payment of any of the said Sums of Money abovementioned shall continue due and payable unto the said E. B. her Executors, Administrators and Assigns, yearly, during the then rest and residue of the said term of 21 years.

And the said J. B. and J. B. do farther also by these Presents for them­selves, their Heirs, Executors, Administrators and Assigns, covenant, pro­mise and agree to and with the said E. B. her Executors, Administrators, and Assigns, That if any default shall happen to be made of or in pay­ment of the said Moneys, or any part thereof, herein before covenanted to be paid at any of the said daies herein before appointed for payment thereof; That then, at any time after such default made, they the said J. B. and J. B. their Heirs and Assigns, and all and every other person and persons any Estate having or lawfully claiming of, in, to, or out of the said Messuages, Tenements, Hereditaments and Premisses (other then the Persons and Lessees whose Estates and Interests are herein before ex­cepted for and in respect onely of the same Leases and Estates so excep­ted, and not otherwise) shall and will, at the reasonable request and proper costs and charges in the Law of the said E. B. her Executors, Ad­ministrators or Assigns, make and doe all and every such act and acts for the farther and more perfect assuring and conveying of the said Mes­suages, Tenements, Hereditaments, and all and singular other the Pre­misses with their and every of their appurtenances, unto the said E. B. her Executors, Administrators and Assigns, for and during the term here­by granted or mentioned to be granted; Be it by Fine or Fines Sur Concessit or Sur Conusans de droit, &c. Deed or Deeds, Recoverie or Recoveries, with single, double, or treble Voucher or Vouchers, Release or Confirmation, or by all and every or any of the said waies and means or by any other waies and means in the Law whatsoever, as by the said E. B. her Executors, Administrators or Assigns, or by her or their Coun­cil learned in the Law shall be reasonably devised, advised or required. In witness whereof, &c.

A Security or Deed to levy a Fine.

THis Indenture tripartite made, &c. between the Right Honou­rable J. Lord P. of, &c. and Dame M. C. of, &c. of the first part; Sir J. G. of, &c. of the second part; and R. W. of,Conusee. &c. of the third part; Witnesseth, That for the full satisfaction of a great Debt due to the said Lady C. for which the Borough, Manor, Barton and De­mesnes of B. herein after mentioned were by former Conveyances by Sir B.G. Father of the said Sir J. G. conveyed in Mortgage to J. late Lord P. and the said now Lord P. and their Heirs in Trust for the said Lady C. And for the performance of an Award made the day of, &c. now last past by J. A. and T.P. Esquires, touching the said Mortgage; It is hereby covenanted, granted, concluded and agreed by and be­tween all and every the said Parties to these Presents, for them and their Heirs; And the said J. Lord P. Dame M. C. and Sir J. G. for them and their Heirs do covenant and grant to and with the said R. W. his Heirs, Executors, Administrators and Assigns, by these Presents, That they the said J. Lord P. Dame M. C. and Sir J. G. or their respective Heirs, shall and will, before the end of E. Term, now next ensuing the date hereof, acknowledge and levy in due form of Law one Fine, Sur Conusance de droit come ceo, &c. to be ingrossed, recorded and sued forth with Proclamations, according to the Statutes in that case made and provided, and the usual course of Fines with Proclamations in such cases used, unto the said R. W. and his Heirs, Of all that the Borough, Manor, Barton and Demesnes of B. in the County of D. with the rights, members and appurtenances thereof; And of all Messuages, Mills, Lands, Tenements, Rents, Reversions, Services, Courts, View of Frankpledge, Liberties, Privileges, Profits, Commodities and other Hereditaments what­soever to the said Borough, Manor, Barton and Demesnes or any of them belonging or appertaining, or as part or parcell thereof used, enjoyed, re­puted or taken, with their and every of their appurtenances; And of all other the Messuages, Lands, Tenements and Hereditaments, now or at any time heretofore the Inheritance of the said Sir J. G. in B. afore­said; By such apt and convenient name and names, numbers of Messu­ages and Acres, quantities and qualities of Land, and other things as shall be fit and requisite.

And it is also hereby covenanted, concluded and agreed by and be­tween the said parties to these Presents, for them and their Heirs; And all the said parties to these Presents do hereby declare, That the said Fine herein before covenanted to be levied as aforesaid, and all and eve­ry other Fine and Fines whatsoever to be had and levied by and be­tween the said parties to these Presents, or any of them, or whereunto they or any of them shall be party or parties, shall be and enure, and shall be construed, expounded, adjudged, deemed and taken to be and enure; And that the Conusee or Conusees in the said Fine or Fines, and all and every other person and persons whatsoever that by force and virtue of the said Fine, or any other Fine or Fines, shall be seised of the said Manor and Lands herein before mentioned or any part thereof, shall stand and be seised thereof, and of every part and parcell thereof; To the use and behoof of the said Sir J. G. his Executors, Administrators [Page 68] and Assigns, for and during the space of six months to be accompted from the day of the date of these Presents, and from thenceforth fully to be complete and ended, with such farther power as is herein after to him limited; And from and immediately after the expiration of that term, To the Vse and behoof of the said Dame M. C. her Executors and As­signs, for and during the term of 500 years from thence next ensuing and fully to be complete and ended, without impeachment of or for any manner of Waste; Subject nevertheless to such condition as is here­in after mentioned; And from and immediately after the expiration, ceasing or other determination of the said term of 500 years, then To the use and behoof of the said Sir J. G. his Heirs and Assigns for ever; And to none other use or uses, intent or purpose.

Provided alwaies, and it is the true intent and meaning of these Presents, and of the parties to the same; And they do hereby farther declare the use of the said Fine to be, That if Sir J. G. his Heirs, Exe­cutors, Administrators or Assigns, or any of them, shall or do well and truly pay or cause to be paid unto the said Dame M. C. her Executors, Administrators or Assigns, or any of them, the full and whole Sum of 3250 li. of good and lawfull Money of England at one intire payment, at and upon the—day of—next ensuing the date hereof, at or in the now dwelling-house of, &c. That then and from thenceforth the Estate and Term herein before limited to the said Dame M. C. her Exe­cutors, Administrators and Assigns for 500 years, as aforesaid, shall cease and be void; Any thing in these Presents contained to the contrary not­withstanding.

And the said Sir J. G. for himself, his Heirs, Executors, Administra­tors and Assigns, and for every of them, doth covenant, promise and grant to and with the said Dame M. C. her Executors, Administrators and Assigns, by these Presents, That he, the said Sir J. G. his Heirs, Ex­ecutors, Administrators or Assigns, or some or one of them, shall and will well and truly pay or cause to be paid unto the said Dame M. C. her Executors, Administrators or Assigns, the said Sum of 3250 li. at one intire payment, at the time and place before in the said Proviso or Con­dition mentioned for payment thereof, without any defalcation, deduc­tion or abatement of any thing for or in respect of any Taxes or other Charges ordinary or extraordinary or otherwise.

Provided alwaies, and it is hereby declared, meant and agreed by and between all and every the said parties to these Presents; And the farther intent and meaning of them and every of them, and of these Presents, is, and the farther use of the said Fine is hereby declared to be, That the said Sir J. G. his Executors, Administrators and Assigns shall have power; And that it shall and may be lawfull to and for the said Sir J. G. his Executors, Administrators and Assigns, from time to time, and at all times, during the continuance of the said Term and Estate for six months hereby to him the said Sir J. G. his Executors, Admini­strators and Assigns limited as aforesaid,Liberty to lett for Lives. by any Writing or Writings by him or them to be sealed and delivered and subscribed with his or their own hand, in the presence of two or more credible Witnesses, to demise, grant or lease any part or parcell of the Premisses heretofore usually de­mised unto any person or persons whatsoever, for one, two or three Life or Lives in possession, or for any term of years determinable upon one, two or three Life or Lives in possession, or for one or two Life or Lives [Page 69] or any number of years, determinable upon one or two Life or Lives in reversion or expectancie, after any Estate or Estates by Lease or Copy of Court Roll for one Life, or determinable upon one Life then in be­ing; or for one Life or any number of years determinable upon one Life in reversion or expectancie, after any Estate or Estates by Lease or Copy of Court-roll for two Lives, or determinable upon two Lives then in being; So as upon every such Lease or Leases, Demise or De­mises there be reserved to continue due and payable during all the con­tinuance of the said respective Leases, the ancient Rents, Duties and Services which have been heretofore usually paid or performed for the same Premisses so to be leased; And that immediately from and after the making of every such Demise, Lease or Grant, the Conusees of the said Fine, and their Heirs, and all and every other person and persons which shall be then seised of such part or parts of the said Premisses as shall be so demised, granted or leased, shall stand and be seised thereof and of every part and parcell thereof to the several and respective Uses of the several and respective persons, their Executors, Administrators and Assigns, to whom such Leases and Estates shall be so made and gran­ted, or mentioned to be made or granted for such Terms and Estates as shall be so granted or mentioned to be granted according to the intent and true meaning of the said several and respective Deeds or Writings so leasing or granting the same; And of the Reversion and Reversions thereof during the said Leases, Terms and Estates, and of the Premisses themselves, after the said Leases, Terms and Estates shall be ended and determined, and as the same shall severally and respectively end and determine, To the Vse of such person or persons, and for such Estate and Estates, and in such sort, manner and form as the same are hereby limited, and as the same should have been if such Leases and Estates so to be made by virtue of these Presents had not at all been.

And the said Sir J. G. doth for himself, his Heirs, Executors, Admini­strators and Assigns covenant, promise and grant to and with the said Dame M. C. her Executors, Administrators and Assigns, by these Pre­sents, That if default of payment of the said Sum of 3250 li. at the time and place before mentioned be made or suffered; That then, im­mediately from and after such default in payment thereof, the said Dame M. C. her Executors and Assigns, shall and may, for and during all the said term and time of 500 years herein before limited or meant or inten­ded to be limited to the said Dame M. C. her Executors and Assigns, quietly and peaceably have, hold and enjoy the said Borough, Manor, and all and singular other the Premisses with th'appurtenances, without any the lett, suit, trouble, ejection, expulsion or eviction of or by him the said Sir J. G. his Heirs or Assigns, or by any person claiming the same in, by, from or under him or them; And without any lawfull lett, suit, trouble, interruption, eviction or ejection of or by any other per­son or persons whomsoever; And that free and clear, and freely, clearly and absolutely acquitted, freed and discharged of and from all and all manner of former and other Bargains, Sales, Feoffments, Grants, Leases, Jointures, Dowers, Recognizances, Judgments, Executions, Sta­tutes-merchant and of the Staple, Seisures, Sequestrations and Causes of Seisure and Sequestration; And of and from all other burthens, charges and incumbrances whatsoever, had, made or done by the said Sir J. G. or by any other person or persons whomsoever; (The several Leases, [Page 70] Demises and Grants of several Tenements and parcells of the said Bo­rough, Manor and Premisses heretofore made and granted to several per­sons for several Estates and Terms, not exceeding three Lives, or deter­minable by the death of one, two or three persons therein named seve­rally and respectively, and that under certain yearly Rents which shall continue payable during their said several Estates and Terms, and the Grants and Estates hereby allowed to be granted and made, and all such Conveyances and Assurances as have been made of the Premisses unto the said J. Lord P. and J. Lord P. deceased, late Father of the said now Lord P. and the said Dame M. C. or any of them, onely excepted and foreprised.

And the said Sir J. G. doth farther for himself, his Heirs, Executors and Assigns, covenant, promise and grant to and with the said Dame M. C. her Executors, Administrators and Assigns, by these Presents, That from and after such default of payment of the said 3250 li. as aforesaid, He, the said Sir J. G. his Heirs and Assigns, shall and will from time to time and at all times, within the space of seven years next after such de­fault as aforesaid, upon reasonable request to him or them to be made, make, doe and execute, or cause to be made, done and executed all and every such farther and other reasonable act and acts, thing and things, assurance and assurances in the Law, aswell for the better assuring and conveying of the Premisses unto the said Dame M. C. her Executors and Assigns, for and during the rest and residue of the said term or time of 500 years herein before limited in Use, or meant, mentioned or intended to be limited in Use to the said Dame M. C. her Executors, Administrators and Assigns, as also for the conveying and assuring of the Inheritance of the same Premisses unto such person or persons, and his or their Heirs, as the said Dame M. C. or her Executors or Administra­tors shall nominate in that behalf; As by the said Dame M. C. her Ex­ecutors, Administrators or Assigns, or by her or their Council Learned in the Law shall be devised, advised or required. In witness where­of, &c.

A Bond for Performance of Covenants.

Mortgage of a Lease for years.

THis Indenture made, &c. between W. S. of, &c. of the one part; and J. C. of, &c. and A. S. of, &c. of the other part; Whereas the Dean and Chapter of the Collegiate-church of St. Peter of Westmin­ster, by their Indenture under the common Seal bearing date, &c. did (for the Considerations therein mentioned) demise, grant and to farm let unto the said W. S. Examine the parcels with th' original Lease. All those their Manors of E. P. with all and sin­gular their rights, members and appurtenances; And also all those, &c. To have and to hold the said Manors and Premisses (except as in the said Indenture is excepted) unto the said W. S. his Executors, Admi­nistrators and Assigns, from the making of the said Indenture unto the full end and term of 21 years next following fully to be complete and ended; And to have and to hold all and singular the said Premisses in the said Indenture before excepted, unto the said W. S. his Executors, [Page 71] Administrators and Assigns, from the making of the said Indenture, for and until the Feast of, &c. and fully to be complete and ended; At and under the several yearly Rents and Covenants in the said Indenture contained and reserved; As in and by the said recited Indenture more at large appeareth.

Now this Indenture witnesseth, That the said W. S. for and in consideration of the Sum of 1000 li. of lawfull, &c. to him in hand paid by the said J. C. and A. S. at or before the Sealing and Delivery of this present Indenture, the receipt whereof the said W. S. doth hereby ac­knowledge; And thereof, and of every part and parcell thereof, doth clearly and absolutely acquit, exonerate and discharge the said J. C. and A. S. their Executors and Administrators, for ever, by these Presents, Hath granted, bargained, sold, aliened, assigned and set-over; and, by these Presents, doth grant, bargain, sell, alien, assign and set-over unto the said J. C. and A. S. their Executors, Administrators and Assigns, all and singular the said Manors, Lands, Tenements, Hereditaments and Pre­misses before mentioned, and in and by the said recited Indenture demi­sed or mentioned to be demised, and every part and parcell thereof, with all and singular their and every of their appurtenances; And also all the Estate, Right, Title, Interest, Term and Terms of years, Claim and Demand whatsoever of him the said W. S. of, in and to the same, and every or any part or parcell thereof, with th' appurtenances; To have and to hold the said Manors, Lands, Tenements, Hereditaments and [...]ll [...]d singular other the Premisses hereby granted or mentioned to be granted▪ with all and singular their and every of their appurtenances, un [...]o the [...] J. C. and A. S. their Executors, Administrators and Assigns, from hence [...]orth for and during all the rest and residue of the said term and terms, numb [...]r and numbers of years in the said recited Indenture mentioned yet [...]o come and unexpired.

Provided alwaies, That if the said W. S. his Heirs, Executors, Admi­nistrators or Assigns, or any of them, do and shall well and truly pay or cause to be paid unto the said J. C. and A. S. their Executors, Administra­tors or Assigns, or any of them, the Sum of 40 li. of lawfull, &c. on or up­on the, &c. day of, &c. next ensuing the date of this present Indenture; And the Sum o [...] 1040 li. more, like Money, on or upon the, &c. day of, &c. Both the said Payments to be made at or in the now dwelling-house of the said J. C. scituate in C. aforesaid, Then this present Inden­ture and all and every Grant, Assignment and Estate, in and by these Presents made or granted, or mentioned to be made or granted shall cease, determine and become void and of none effect to all intents and purposes, as if these Presents had never been made; Any thing herein contained to the contrary notwithstanding.

And the said W. S. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said J. C. and A. S. their Executors and Administrators, by these Presents, That he, the said W. S. his Heirs, Executors or Admi­nistrators, or some of them, shall and will well and truly pay or cause to be paid unto the said J. C. and A. S. their Executors, Administrators or Assigns, the said several Sums of Money mentioned in the Proviso aforesaid, on t [...] daies and at the place before in the said Proviso men­tioned and limited for payment thereof.

And the said J. C. and A. S. for themselves, their Executors, Admi­nistrators and Assigns, and for every of them, do covenant, grant and agree to and with the said W. S. his Executors and Administrators, by these Presents, That until default shall be made by the said W. S. his Heirs, Executors and Administrators, in payment of the said Sums of Money mentioned in the said Proviso, or one of them, or some part thereof, on the day or daies, and at the place before limited for pay­ment thereof, it shall and may be lawfull to and for the said W. S. his Executors and Administrators, to receive and take the Rents of all and singular the said Manors, Lands and Premisses, hereby granted or men­tioned to be granted, without the lett, trouble or interruption of the said J. C. and A. S. or either of them, their or either of their Executors, Administrators or Assigns, or any of them, and without any Account to be made or given unto them or any of them.

And the said W. S. for himself, his Executors, Administrators and As­signs, and every of them, doth covenant, promise and grant to and with the said J. C. and A. S. their Executors and Administrators, to yield and pay unto the said Dean and Chapter, and their Successors, or to such other person and persons to whom the Reversion of the Premisses shall appertain, the several yearly Rents in and by the said recited Indenture reserved, for and during all such time as he the said W. S. his Executors or Administrators shall so receive the Rents, Issues and Profits of the Pre­misses; And thereof shall and will dischage and acquit the said J. C. and A. S. their Executors, Administrators and Assigns, and every of them.

And the said W. S. for himself, his Executors, Administrators and As­signs, and every of them, doth farther covenant, promise and grant to and with the said J. C. and A. S. their Executors, Administrators and As­signs, and every of them, by these Presents, in manner and form fol­lowing.

That is to say, That the said several Terms of years, Estate and E­states in and by the said recited Indenture of Lease granted or mentio­ned to be granted, is and are yet in being, and not forfeited, surrendred or otherwise determined or made void; And that from and after any default made in payment of the said Sums of Money, or any part there­of, at the day and place herein before limited for payment thereof, They, the said J. C. and A. S. their Executors, Administrators and As­signs, and every of them, shall or lawfull may from time to time and at all and every time and times during all the residue of the said several times and numbers of years respectively in the said recited Indenture of Lease contained, quietly and peaceably have, hold, occupy, possess and enjoy all and singular the said Manors, Lands, Tenements, Heredita­ments and Premisses hereby granted or mentioned to be granted, and all and every the Rents, Issues and Profits thereof, and of every part and parcell thereof coming, arising and growing, have, receive and take, without any manner of lett, suit, trouble, vexation, eviction, ejection, disturbance or other hindrance or molestation whatsoever of the said W. S. his Executors, Administrators or Assigns; and without the law­full lett, suit, trouble, vexation, eviction, ejection, disturbance or inter­ruption of any other person or persons whomsoever, under the Rents from thenceforth to become due and payable by the said Indenture of Lease, freed, acquitted and discharged, or otherwise from time to time and at all times, sufficiently saved, kept harmless and recompensed of, [Page 73] from and for all and all manner of former and other Bargains, Sales, Grants, Assignments, Leases, Estates, Titles, Troubles, Forfeitures, Charges and Incumbrances whatsoever had, made or done by the said W. S. or by any other persons whomsoever. In witness, &c.

A Bargain and Sale of a Manor, Barton and Farm.

THis Indenture made, &c. Between Sir H. C. of C. in the County of D. Knight, and Dame A. his Wife of th' one part, and J. B. of, &c. and J. P. of, &c. of th' other part, Witnesseth, That the said Sir H. C. and Dame A. his Wife for and in Consideration of the sum of 2100 l. of lawfull, &c. to him in hand paid by the said J. B. and J. P. at and before the Sealing and Delivery of, &c. The receipt whereof the said Sir H. C. doth hereby acknowledge, And thereof and of every part and parcel thereof doth clearly and absolutely acquit, exonerate and discharge the said J. B. and J. P. their and either of their Executors and Administrators for ever by these Presents; Have granted, bargained, sold, aliened, released and confirmed; And by these Presents for them and their Heirs do clearly and absolutely grant, bargain, sell, alien, re­lease and confirm unto the said J. B. and J. P. their Heirs and Assigns, All those the Manor, Barton and Farm of C. with all and singular their and either and every of their rights, members and appurtenances in the County of D. And all that the Manor, Barton or Farm commonly cal­led S. with all and singular its rights, members and appurtenances in the said County of D. And all Houses, Edifices, Buildings, Dove-houses, Barns, Stables, Out-houses, Courts, Yards, Curtilages, Gardens, Or­chards and appurtenances whatsoever to the said several Bartons belong­ing or therewith enjoyed; And all and every the Lands, Meadows, Pastures, Feedings, Grounds and Hereditaments whatsoever to the said Manors, and several Bartons and Farms, and every or any of them be­longing or appertaining, or therewith usually occupied or enjoyed as Demesnes or Demesne-Lands thereunto or to either or any of them be­longing or accepted, reputed, deemed or taken as part, parcel or mem­ber thereof; And also all and singular Messuages, Houses, Edifices, Buildings, Mills, &c. Hereditaments and appurtenances whatsoever to the said Manors, Bartons, Farms, Lands, Tenements and Premisses, or any of them lying, being, belonging or, &c. And all other the Ma­nors, Messuages, Lands, Tenements and Hereditaments whatsoever of the said Sir H. C. in C. and M. or either of them in the said County of D.

And the said Sir H. C. and Dame A. his Wife do farther (for the Consideration aforesaid) grant, bargain, sell, alien, release and confirm unto the said J. B. and J. P. their Heirs and Assigns, the Reversion and Reversions, &c. of all and singular the said Manors, Bartons, Farms, Lands, Tenements, Hereditaments and Premisses hereby granted, bar­gained, sold and released, or herein, or hereby meant, mentioned, or intended to be granted, &c. And also all the estate, right, title, inter­est, use, possession, &c. of the said Sir H. C. and A. his Wife, or either [Page 74] of them, of, in and to, or out of the said Manor, Bartons, Farms, Lands, Tenements, Hereditaments and Premisses whatsoever hereby gran­ted, &c.

And the said Sir H. C. doth farther (for the Consideration aforesaid) grant, bargain and sell unto the said J. B. and J. P. and their Heirs, All and every the Deeds, Charters, Writings, Evidences, &c. and Mi­niments whatsoever, touching or in any wise onely concerning the said Manors, Bartons, Farms, Lands, Tenements, Hereditaments and Pre­misses whatsoever hereby granted and released or mentioned to be &c. and do not concern any other the Lands, Tenements and Heredi­taments of the said Sir H. C. or Dame A. his Wife;Habend. To have and to hold the said Manors, Bartons, Farms, Lands, Tenements, Heredita­ments, and all and singular other the Premisses hereby granted and re­leased or mentioned to be, &c. unto the said J. B. and J. P. their Heirs and Assigns for ever, To the onely proper Use and &c. And the said Sir H. C. and his Heirs, the said Manor, Bartons, Farms, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Pre­misses hereby granted or released, or mentioned to be granted and re­leased, and every part and &c. unto the said J. B. and J. P. their Heirs and Assigns against him the said Sir H. C. and A. his Wife, and the Heirs and Assigns, of the said Sir H. C. against all and every other person and persons whomsoever shall and will warrant and for ever defend by these Presents.

And whereas the said Sir H. C. and Dame A. his Wife did in the Term of St. Hillary now last past levy in due form of Law before his Ma­jesty's Justices of his Highness Court of Common Pleas at Westm. One Fine Sur conusans de Droit come ceo quiles' out de lour done, &c. with Proclamations according to the Statute in that behalf made and pro­vided unto the said J. B. and J.P. Of all and singular the said Manor, Bartons, Farms, Messuages, Lands, Tenements, Hereditaments and Premisses hereby granted and released, or herein or hereby meant, men­tioned, or intended to be granted and released,According to the Deed. and of every part and par­cel thereof with th' appurtenances; And also of one yearly Rent-charge of 300 l. per Annum issuing and going out of all that the Capital-Messu­age and the demesne-Land or Lands now or late used as demesne-Lands of C. scituate in the parish of C. aforesaid unto the said Dame A. or to her Assigns during the natural life of the said Dame A. and payable at the Feasts of St. Michael, &c. or within 30 days after each of the said Feasts; The first Payment whereof was to be made at such of the said Feasts as should next happen after the death of the said Sir H. C. or within 30 days after;Examine this. The which said Finè was so levied of the said Pre­misses by the name and names of the Manors of C. and S. with the appur­tenances, and of 30 Messuages, 10 Cottages, 2 Water-mills, 1 Dove-house, 1000 Acres of Land, 10 Acres of Meadow, 440 Acres of Pa­sture, 50 Acres of Wood, 500 Acres of Heath and Furzes, with th' ap­purtenances in C. and M. And of the yearly Rent of 300 l. going out of one Messuage 800 acres of Land, &c. parcel of the tenements afore­said with th' appurtenances in C. The warranty in which said Fine of the said Rent therein mentioned, is against the said Sir H. and A. all the life of the said A. As in and by the said Fine (Relation being thereunto and whereunto for the more certainty relation is by these Presents had) it doth and may more plainly appear.

Now this Indenture farther witnesseth, and all the said Parties to these Presents do hereby declare and agree, that the true intent and mean­ing of all the said Parties to these Presents and to the said Fine, as well at the time of the levying of the said Fine was, as ever since hath been, and still is, That the said Fine so levyed, and all and every fine and fines had, made, levyed or executed by or between the said Parties to these Presents, Since the Feast of the Nativity of our Lord Christ, last past before the date hereof, or which at any time hereafter shall be had or levied between the said Parties to these Presents, or any of them of the said Premisses hereby granted or released, or mentioned to be granted and released, or any part or parcel thereof; Or of the said Rent of 300 l. per annum, or of any of them by what name or names soever they are called or shall be called in the said fine or fines, should be and enure, and shall be and enure, and shall be construed, expounded to be and enure, As for and concerning all the said Manors, Lands, Tenements, Hereditaments and things whatsoever in the said fine or fines contained or to be contained (except only the said yearly Rent) to the only pro­per use and behoof of the said J. B. and J. P. and their Heirs and As­signs for ever; And as for and concerning the said yearly rent, To the only proper use and behoof of the said J. B. and J. P. and their Heirs, but to the intent and purpose, that the said Rent should be, and shall be drowned, extinguished and destroyed, and to none other use or uses, intent or purpose whatsoever.

And the said Sir H.C. for himself, his Heirs, Executors and Administra­tors, and for every of them, doth covenant, promise and grant to and with the said J.B. and J. P. their Heirs and Assigns and every of them by these Presents in manner and form following, (that is to say) That he the said Sir H. C. at and immediately before the levying of the said fine unto the said J. B. and J. P. as aforesaid, was the sole, true and lawfull Owner and Proprietor of all and singular the said Manor, Bartons, Farms, Mes­suages, Lands, Tenements, Hereditaments and Premisses hereby granted and released, or mentioned to be granted and released, and of every part and parcel thereof with the Appurtenances; And was then solely, lawfully, rightfully and absolutely seised thereof and of, &c. And did so continue thereof and of every part and parcel thereof until, &c. And that the said Sir H.C. and A. his Wife at and immediately before the levying of the said fine, had or now have, or one of them hath good right, lawfull and absolute power and authority to bargain, sell, alien and convey all and singular the said Manors, Bartons, Farms, Messu­ages, Lands, Tenements, Hereditaments and Premisses hereby granted or released, or mentioned to be granted, &c. And that the said J. B. and J. P. their Heirs and Assigns, Farmers and Tenants, and every of them shall, &c. freely, &c. have, hold, &c. all and singular the said Manors, Bartons, Farms, Messuages, &c. and all and every the rents, &c. have and take without any manner of let, suit, &c. or molestation whatsoever of the said Sir H. C. and Dame A. his wife, or of the Heirs or Assigns of the said Sir H. C. or of any other persons whomsoever; And also that the said Manors, Bartons, Farms, Messuages, &c. now are and from henceforth for ever hereafter shall remain, continue and be unto the said J. B. and J. P. their Heirs and Assigns, clear and free, &c. of and from all, &c. bargains, sales, &c. had, made, committed, &c. by the said Sir H. C. or by any other person or persons whomsoever.

And it is farther covenanted, concluded and agreed by and between all the said Parties to these Presents, That before the end of Easter Term now next following after the date hereof, a good and perfect common RecoveryRecovery. of all and singular the said Manors, Bartons, Farms, Messu­ages, Lands, Tenements, Hereditaments and Premisses shall be had, suf­fered and executed according to the usual course of common Recoveries for assurance of Lands in such Case used; And that to that end and pur­pose a Writ of Entre Sur Disseisin en le Post, shall be brought and pro­secuted against the said J. B. and J. P. or the Survivour of them, by or in the name of such person or persons, and as shall be by the said J. B. and J. P. or either of them nominated and appointed in that behalf, of all and singular the said Manors, Bartons, Farms, Messuages, Lands, Tenements, Hereditaments and Premisses hereby granted, or herein or hereby meant, mentioned, or intended to be granted, with their and every of their appurtenances by such name and names, and under such number, quantity and quality of Acres in such manner and form as by the said J. B. and J. P. or their or either of their Counsel learned in the Law shall be reasonably devised and advised; To and upon which Writ of Entre so to be brought, the said J.B. and J. P. shall personally, or else by Attorney or Attorneys thereunto lawfully authorised and warranted, appear and make defence, and shall in the said Action vouch to Warranty the said Sir H. C. And the said Sir H. C. upon such Vou­cher of him to be made, shall and will in the said Action so to be brought agpear gratis, and without Process, and enter into Warranty, and vouch over to Warranty the common Vouchee, to the end, that the common Vouchee after his entry into Warranty and Plea pleaded, shall and may depart in despight of the Court; so that a common Recovery may be had, prosecuted and executed in and upon the said Writ of Entre, &c. in all things according to the usual order and form of common Recove­ries for assurances of Lands in such Case used; And it is farther con­cluded, condescended, granted, declared and agreed by and between all the said Parties to these Presents, That the said Recovery so to be had, prosecuted and suffered, and all other Recoveries and Assurances whatsoever to be had, made or suffered of the said Premisses, shall be and enure, and shall be construed to be and enure, and the Recoverers and their Heirs shall stand and be of all the said Manor, Bartons, Farms, Messuages, Lands, Tenements, Hereditaments and Premisse to the only use and behoof of the said J. B. and J. P. their Heirs and Assigns for ever; And farther the said Sir H. C. for himself, his Heir [...], Executors, Administrators and Assigns, and for every of them doth covenant, pro­mise and grant to and with the said J. B. and J. P. their Heirs and As­signs and every of them by these Presents, That he the said Sir H. C. and Dame A. his Wife, and the Heirs and Assigns of the said Sir H. C. and all and every other person and persons whomsoever having or lawfully clai­ming, or which shall or may at any time or times hereafter have or lawfully claim any estate, right, title or interest of, in, or to the said Premisses hereby granted, or mentioned to be granted, or of, in, or to any part or parcel thereof, shall and will from time to time, and at all and every time and times hereafter within the space of 7 years next ensuing the date hereof, at and upon the reasonable request and proper cost and charges in the Law of the said J. B. and J. P. their Heirs or Assigns or some of them, do, make, levy, execute, acknowledge and suffer, and [Page 77] cause to be done, made, levied, executed, acknowledged and suffered, all and every such farther and other reasonable Act and Acts, Thing and Things, Devise and Devises, Assurance and Assurances, Conveyance and Conveyances in the Law whatsoever, for the farther, better and more perfect Assurance, Surety, Sure-making, Settling, Establishing and Con­firming of the said Manors, Bartons, Farms, Messuages, Lands, Tene­ments, Hereditaments, and all and singular the Premisses hereby granted or mentioned to be granted, or any of them, and of every or any part or parcell thereof, with all and singular their and every or any of their appurtenances, unto and upon the said J. B. and J. P. their Heirs and Assigns, Be it by Fine or Fines, &c.

And lastly, It is hereby covenanted, granted, concluded and agreed by and between the said Parties to these Presents for them and their Heirs; And they do hereby publish and declare, That all and every Fine and Fines, Common Recovery and Recoveries, and farther Assu­rances and Conveyances whatsoever, herein before covenanted to be made, done, levied, executed or acknowledged, and every of them, and all and every other Fine and Fines, Recovery and Recoveries, and other Assurance and Assurances whatsoever of the said Premisses hereby gran­ted or mentioned to be granted, and every or any part or parcell there­of hereafter to be had, made, levied, executed or acknowledged between the said Parties to these Presents, &c. In witness, &c.

A Rent-charge.

THis Indenture tripartite made, &c. between J. B. of, &c. and and J. P. of, &c. of the first part; the Honourable R. V. of the said Parish of, &c. Esq; of the second part; and Sir H.C. of C. in the Coun­ty of D. Knight, of the third part; Witnesseth, That the said J. B. and J. P. for and in consideration of the Sum of 2100 li. of lawfull, &c. to them in paid by the said R. V. at and before the Sealing and Delivery of these Presents, The receipt whereof the said J. B. and J. P. do here­by acknowledge; And thereof, and of every part thereof, do acquit, exonerate and discharge the said R. V. his Executors and Administrators for ever, by these Presents, Have (by and with the privity, consent and special directions of the said Sir H. C. testified by his being Party to these Presents) given, granted and confirmed; And, by these Presents, do for themselves, their Heirs and Assigns, give, grant and confirm un­to the said R. V. one annuity or yearly Rent-charge of three hundred pounds of law [...]ull, &c. Examin this with the Deed of Bar­gain and Sale to J. B. and J. P. to be yearly issuing and going out of All those the Manor, Barton and Farm of C. with all and singular their and either and every of their rights, members and appurtenances in the County of D. And out of all that the Manor, Barton or Farm commonly called S. with all and singular its rights, &c. And also out of all and singular other the Messuages, Houses, Edifices, Buildings, Mills, Kills, Tofts, Crofts, Curtilages, Orchards, Gardens, Backsides, Lands, Tenements, Meadows, Leazows, Pastures, Feedings, Closes, Woods, Underwoods and other Hereditaments and Appurtenances whatsoever to the said Manors, Bartons, Farms, &c. prout in the Bargain and Sale. And also [Page 78] out of all other the Manors, Bartons, Farms, Messuages, Mills, Lands, Tenements and Hereditaments whatsoever, with their and every of their appurtenances which were lately conveyed and assured, or meant, men­tioned or intended to be conveyed or assured unto the said J. B. and J. P. and their Heirs, or the Heirs of one of them, by the said Sir H. C. and Dame A. his Wife, both or either of them, by Fine and other Assu­rances; As by an Indenture bearing date the, &c. day of this instant M. made or mentioned to be made between the said Sir H. C. and Dame A. his Wife of the one part; and the said J. B. and J. P. of the other part; (relation being thereunto had) more plainly it doth and may appear; To have, hold, perceive, and yearly to receive, take and enjoy the said Annuity or yearly Rent-charge of 300 li. to the said R. V. and his As­signs, for and during the term of his natural life, payable yearly at the two usual Feasts or times in the year, (that is to say,) At the Feast of St. M. &c. and the Annunciation, &c. by even and equal portions; The first payment thereof to begin and be made at the Feast of St. M. &c. next ensuing the date hereof; And all the payments thereof to be made at or in the common dyning Hall of the Inner-temple, London.

And the said J. B. and J. P. for them, their Heirs and Assigns, do grant unto the said R. V. and his Assigns, That if it shall happen the said Annuity or yearly Rent-charge of 300 li. or any part thereof to be behind or unpaid by the space of 20 daies next following any of the said daies in which the same ought to be paid as aforesaid; That then, and so often, the said J. B. and J. P. their Heirs and Assigns, shall forfeit and lose unto the said R. V. and his Assigns, the Sum of 20 li. of law­full, &c. Nomine Poenae, toties quoties, for every 20 daies that the said yearly Rent, or any part thereof shall be behind or unpaid after any of the said daies wherein it is hereby appointed to be paid as aforesaid.

And the said J. B. and J. P. do farther for themselves, their Heirs and Assigns, grant and agree to and with the said R. V. and his Assigns, That whensoever and as often as the said yearly Rent of 300 li. or any part thereof, or any Sum or Sums of 20 li. Nomine Poenae, or any part thereof shall be behind, unpaid or in arrere; That then, and so often, and from time to time, it shall and may be lawfull to and for the said R. V. and his Assigns, into and upon the said Manors, Bartons, Farms, Messuages, Lands, Tenements, Hereditaments and Premisses whatsoever, out of which the said yearly Rent is granted or hereby mentioned to be granted to be issuing, or mentioned to be issuing as aforesaid, and into every or any part or parcell thereof, at his and their liberty, choice and pleasure to enter and distrain for the said yearly Rent of 300 li. and Ar­rerages thereof,To enter and distrain. and for the said Sum and Sums of 20 li. Nomine Poenae, and arrerages thereof, or for either or any of them; And the Distress and Distresses then and there so found, to take, leade, drive, carry away and impound, and impounded to detain and keep, until the same year­ly Rent of 300 li. and all Arrerages thereof; And all Sum and Sums of money lost, Nomine Poenae, and every part thereof, or such part or parts of the said yearly Rent of 300 li. and of the Arrerages thereof or of the Sum or Sums of money lost, Nomine Poenae, for which such Distress or Distresses shall be made as aforesaid, shall be unto the said R. V. and his Assigns, fully satisfied, contented and paid.

And the said Sir H. C. for himself, his Heirs, Executors, Administra­tors and Assigns, and for every of them, doth covenant, promise and [Page 79] grant to and with the said R. V. his Executors, Administrators and As­signs, by these Presents, That the said J. B. and J. P. the said, &c. day of this instant M. by virtue of the said Fine, and other Assurances afore­said, had and (for and notwithstanding any act or thing by the said Sir H. C. and Dame A. his Wife, or either of them had, made, committed, done or suffered to the contrary) still have full power and lawfull au­thority, by these Presents, to charge the said Manors, Bartons, Farms, Messuages, Lands, Tenements, Hereditaments and Premisses, and every part thereof with the said yearly Rent of 300 li. and Nomine Poenae aforesaid, unto the said R. V. and his Assigns, in manner and form afore­said; And that the said Manors, Bartons, Farms, Messuages, Lands, Te­nements, Hereditaments and Premisses before mentioned, and out of which the said yearly Rent is hereby granted or mentioned to be gran­ted to be issuing as aforesaid, shall from time to time, during the natu­ral life of the said R. V. be overt and liable to the Distress and Distresses of the said R. V. and his Assigns, for the said yearly Rent of 300 li. and Nomine Poenae aforesaid, with the Arrerages thereof; And that the said R. V. and his Assigns, may from time to time, and as often as the said Rent and Nomine Poenae, or any part thereof shall be behind and unpaid, peaceably and quietly enter into the said Manors, Bartons, Farms, Mes­suages, Lands, Tenements, Hereditaments and Premisses, out of which the said yearly Rent is hereby granted or mentioned to be granted to be issuing as aforesaid, and into every or any part or parcell thereof; And there take Distress and Distresses, and the same leade, drive and carry-away im­pound and keep, without any manner of lett, trouble, hindrance, rescue or disturbance of the said Sir H. C. and Dame A. his Wife, or the Heirs or Assigns of the said Sir H. C. or of any other person or persons what­soever, by his, her or their means or consent, and without the lawfull lett, hindrance or disturbance of any other person or persons whomso­ever, until the said yearly Rent and Arrerages thereof (if any shall be) and the said Sum and Sums of 20 li. lost, Nomine Poenae, and every part thereof shall be to the said R. V. and his Assigns fully satisfied, conten­ted and paid; And farther, That the said yearly Rent of 300 li. and the said Sum and Sums of money, Nomine Poenae, granted or mentioned to be granted as aforesaid, shall be from time to time satisfied and paid un­to the said R. V. and his Assigns, during the natural life of the said R. V. at the daies, times and place as the same shall become due and pay­able, according to the intent and true meaning of these Presents; And moreover, that if any Laies, Taxes or Impositions whatsoever shall be laid, taxed, imposed or assessed upon the said Rent-charge of 300 li. per annum hereby granted or mentioned to be granted, or upon the said R. V. or his Assigns, for or by reason or in respect of the said Rent-charge, by any Act, Order or Ordinance of Parliament, or by any Authority de­rived or pretended to be derived from or under any Order or Ordinance of Parliament, or by force or colour of any Military Power or Com­mand now in being, or which hereafter shall be, or by force or colour of any other Power or Authority whatsoever; or for Church or Coun­trey, or for any other Cause whatsoever; That then, he, the said Sir H. C. his Heirs, Executors or Administrators, or the said J. B. and J. P. so long as they shall be Owners of the said Manors, Bartons, Hereditaments and Premisses, or the Assignee or Assigns of the said J. B. and J. P. from and after a Re conveyance thereof made by the said J. B. and J. P. or the [Page 80] Heirs of such Assignee or Assigns, or some of them, shall and will bear and pay the same, and save and keep harmless and indemnified the said R. V. and his Assigns, and his and their Executors and Administrators, of and from the same. In witness whereof to one part of these present Indentures, remaining with the said R. V. aswell the said J. B. and J. P. as the said Sir H. C. have set their Hands and Seals to one other part thereof remaining with the said Sir H. C. aswell the said J. B. and J. P. as the said R. V. have set their Hands and Seals; And to one other part thereof remaining with the said J. B. and J. P. aswell the said R. V. as the said Sir H. C. have set their Hands and Seals, the day and year first above written.

Assignment of Lands for securing a Jointure to be made within three years.

THis Indenture made, &c. between the Right Honourable H. Earl of W. Sir R. T. of E. P. in Comitatu K. Knight and Baronet, Sir W. S. of B. in Com. E. Knight and Baronet, Sir N. K. of M. in dicto Com. K. Knight and Baronet,Trustees for T. late [...]. of W. Sir W. W. of Winchester, in Com. S. Knight, and T. W. of L. Gent. of the one part; and the Most Honourable W. Lord M. of H. and H. Lord B. Son and Heir apparent of the said Lord Marquess of the other part; Whereas our late Sovereign Lord King James by his Letters Patents bearing date 30 Apr. Regni sui 9. for the considerati­ons therein mentioned, did demise, grant and to farm let unto J. F. of, &c. and W. W. C. and I. of L. since deceased, persons nominated in trust by Sir M. F. Knight and Baronet deceased, Grandfather of the said H. E. of W. All that Tenement with th' appurtenances lying and being in E. in the County of Y. now or late in the tenure or occupation of H. or his Assigns, and all Lands, Meadows or Pastures with the said Tenement occupied or enjoyed; And all that Grange or Farm called S. with th' ap­purtenances lying and being in W. in the said County of Y. &c. All which Premisses before mentioned were sometimes reputed parcell of the Possessions of the said late Monastery or Priory of W. in the said County of Y. and late parcell of the Possessions of Sir T. E. Knight, Vis­count F. &c. To have and to hold the said Granges, Messuages, Tene­ments, Cottages, and all and singular other the Premisses by the said Letters Patents mentioned to be demised, with all and singular their ap­purtenances (except before excepted) unto the said J. F. and W. W. their Executors and Assigns from the making of the same Letters Patents unto the end of the term, and for the term of 60 years from thence next following, and fully to be complete and ended, for and under such se­veral yearly Rents and such Covenants and Conditions as in and by the said Letters Patents (whereunto relation being had) it doth and may appear; The Estate and Interest of and in all which Granges, Farms, Messuages, Lands, Tenements, Hereditaments and Premisses before men­tioned is by mean Assignments and Conveyances lawfully vested in and come unto the said Sir R.T. Sir W.S. &c. or some of them, as Trustees of T. late Earl of W. for and during all the rest and residue of the said term of 60 years in the said recited Letters Patents granted yet to come and unexpired.

And whereas there hath grown a Treaty of a Marriage to be had and solemnized between the said H. Earl of W. and the Lady M. S. one of the Daughters of the said W. Lord M. of H. And there being Propositi­ons made on the one part for Jointure and of the other part for Portion, The said Lord M. hath declared his Intention to give for the Marriage-portion of his said Daughter the Sum of 6000 li. in case a Jointure of 1200 li. per annum could be made and settled or secured to be settled upon the said Lady M. S. But the Estate of the said Earl of W. stands so as that no such Jointure can at present be made.

And whereas the said Sir W. W. and other the said Trustees of the said T. late Earl of W. of and in the said Premisses and divers other Ma­nors, Lands, Tenements and Hereditaments are trusted for the payment of his Debts in such manner as in a certain Declaration of the said late Earl dated, &c. is expressed, and have thereby power to make satisfacti­on to such persons from whom any Moneys shall be taken up for pay­ment of other of the Creditors of the said late Earl; And the said Sir W. W. and T. W. have thereby power to sell the said Lease of W. and other the Premisses before mentioned, for payment of the Debts of the said late Earl, or such Debts as shall be translated as aforesaid.

And whereas the said Sir W.W. and T. W. have formerly received of the Right Honourable F. Lord W. of P. the Sum of 3000 li. being part of the Marriage-portion of the Lady D. lately deceased, former Wife of the said H. Earl of VV. and daughter of the said Lord VV. for and towards the payment of the said Debts of the said late Earl.

And the said H. Earl of VV. hath declared, and, by these Presents, doth declare, That he is willing that the said 6000 li. being the Portion of the said Lady M. should be paid unto the said Sir W.W. and T. W. for and towards the payment of the said Debts of his said Father, so as Se­curity be given to the said Lord M. of H. in manner hereafter limited, for the settling of a Jointure of 1200 li. per annum upon the said Lady M. S.

Vpon consideration of all which Premisses; And for the better ac­commodation of the Business, It hath been concluded and agreed by and between all the said parties to these Presents; That all the said 6000 li. Portion should be paid unto the said Sir W. W. and T. W. for and towards the payment of the Debts of the said T. late Earl of W. according to the Trust in them reposed; And that the said Lease of the said late Priory of W. and other the Premisses before mentioned should be conveyed unto the said W. Lord M. of H. and Hen. Lord B. in such sort as the same are herein after mentioned to be conveyed for the secu­ring of a Jointure of 1200 li. per annum, to be made unto the said La­dy M. in manner as is herein after mentioned; And thereupon the said W. Lord M. of H. hath accordingly paid and secured to be paid the said 6000 li. Portion.

Now this Indenture witnesseth, That the said H. Earl of W. Sir R. T. Sir W. S. &c. for and in consideration of the Sum of 6000 li. of law­full, &c. to the said Sir W. W. and T. W. in hand paid and secured to be paid by the said W. Lord M. of H. at and before the Sealing and Deli­very of this present Indenture, to be disposed of, for and towards the payment of the Debts of the said late Earl of W. according to the Trust in them reposed; The Receipt of all which Money and Security the said Sir W. W. and T. W. do hereby acknowledge, and thereof, and of every [Page 82] part and parcel thereof, do clearly and absolutely acquit and discharge the said W. Lord M. of H. and H. Lord B. for ever by these Presents; And also in Consideration of the Sum of 10 s. of like lawfull, &c. to them the said H. E. of W. Sir R. T. Sir W. S. &c. in hand also paid by the said W. Lord M. of H. and H. Lord B. at and before the Sealing and Delivery hereof, the Receipt whereof they the said H. Earl of W. Sir R. T. Sir W. S. &c. do also hereby acknowledge, and for divers other good Causes and Considerations them moving, They the said H. Earl of W. Sir R. T. Sir W.S. &c. have aliened, bargained, sold, assigned and set over, and by these Presents do alien, bargain, sell, assign and set over unto the said W. Lord M. of H. and H. Lord B. their Executors and As­signs, All and singular the said Granges, Farms, Capital Messuages, Scite, Precinct and Demesnes of the said late Monastery, Messuages, Mills, Lands, Meadows, Pastures, Tenements, Liberties, Franchises, Hereditaments and Premisses whatsoever herein before-mentioned, and in and by the said recited Letters Patents demised and granted, or men­tioned to be demised or granted, with all and singular their and every of their appurtenances; And all the estate, right, title, interest, claim and demand whatsoever of them the said H. Earl of W. Sir R. T. Sir W. S. &c. or of any of them, of, in and to the same and every part or parcel thereof; Together also with the said recited Letters Patents, And all Deeds of Assignment only thereof, and all other Charters, Writings, Evidences, Escripts and Miniments touching and concerning the said Premisses only,Habend. or only any part thereof, To have and to hold the said Granges, Farms, capital Messuages, Scite, Precinct and Demesnes of the said late Monastery, Messuages, Mills, Lands, Meadows, Pastures, Tene­ments, Hereditaments, and all and singular other the Premisses what­soever hereby granted and assigned, or mentioned to be granted and assigned with their and every of their appurtenances unto the said W. Lord M. of H. and H. Lord B. their Executors, Administrators and As­signs, from henceforth, for and during all the rest and residue of the said term of 60 years in the said Letters Patents mentioned yet to come and unexpired; Provided always, and upon this Condition nevertheless, If the said H. Earl of W. or the said Sir W.W. and T. W. or any of them, or any of their Heirs, or any other person or persons by their or any of their appointment or procurement shall at any time or times within the space of 3 years next ensuing the day of the date of these Presents, by good and sufficient Conveyance and assurance in the Law, well and sufficiently convey, assure and settle a good and indefeisible estate of Inheritance in the Law unto or upon the said Lady M.S. for and during the term of her natural life, for and in the name of her Joynture, of and in any Manors, Lands, Tenements or Hereditaments of a good Title, being not Rents-Charge, Rectories nor Tithes, and within the Kingdom of England, which then shall be of the clear yearly value of 1200 li. of lawfull, &c. (above all charges, incumbrances and reprizes issuing and going out of the same, to take effect in possession either from and immediately after such assurance within the time aforesaid made, or from and imme­diately after the death of the said H. Earl of W. Or if the said Lady M. shall happen to dye in the mean time within the said 3 years, That then and from thenceforth in either of the said Cases, this present Indenture and the Grant and Assignment herein contained shall cease and become void.

And it is farther concluded and agreed by and between all the said Parties to these Presents, That in the mean time during the life of the said H. Earl of W. it shall and may be lawfull to and for the said Sir W. W. and T. W. their Executors and Administrators to receive and take the rents, issues and profits of all and singular the Premisses without the lett and interruption of the said W. Lord M. of H. and H. Lord B. or either of them, their, or either of their Executors, Administrators or Assigns, or of any person or persons claiming by, from, or under them or any of them, and without any Accompt to be made or given to them or any of them for the same, these Presents or any thing herein contained to the contrary notwithstanding, They the said Sir W. W. and T. W. their Executors and Assigns paying the Rents that shall grow due or be charged upon the Premisses.

And it is farther agreed, That from and after the death of the said H. Earl of W. untill such Joynture settled as aforesaid, they the said W. Lord M. of H. and H. Lord B. and their Assigns, shall and may receive and take the profits of the Premisses without any Accompt to be ren­dred for the same to the said Sir R. T. and Sir W. S. &c. their Execu­tors or Administrators; And the said Sir R. T. doth for himself, his Ex­ecutors and Administrators, covenant and grant to and with the said W. Lord M. of H. and H. Lord B. their Executors, Administrators and Assigns by these Presents, That he the said Sir R. T. hath not done, or willingly and wittingly suffered to be done, any act or thing whereby the said Premisses hereby granted or mentioned to be granted, are or may be any way impeached, charged or incumbered in Title, Charge, Estate, or otherwise; In witness, &c.

A Bargain and Sale for a Year.

THis Indenture made, &c. between T. H. of W. in the County of K. Esq; of th' one part, and Sir G. S. of, &c. and W. S. Esq; Son and Heir apparent of the said Sir G. S. of the other part, Witnesseth, That the better to enable the said T. H. to grant, release and convey the Messu­ages, Lands, Tenements and Hereditaments herein after mentioned unto the said Sir G. S. and W. S. and their Heirs, to such uses, intents and purposes, and in such sort, manner and form as the same are intended to be granted, released and conveyed by the said T. H. by Indenture intend­ed to bear date the day next after the day of the date hereof; He the said T. H. for and in Consideration of the Sum of 5 s. of lawfull, &c. to him in hand paid by the said Sir G. S. and W. S. at or before the Seal­ing and delivery of this present Indenture, The receipt whereof the said T. H doth hereby acknowledge, Hath bargained and sold, and by these Presents doth bargain and sell unto the said Sir G. S. and W. S. All that capital Messuage called W. &c. And also all and singular other the Messuages, Lands, Tenements, Woods, Under-woods and Heredi­taments whatsoever of him the said T. H. or whereof or wherein he now hath or ever had any estate of Inheritance scituate, lying or being in W. aforesaid in the said County of K. with all and singular their and every of their appurtenances, and the Reversion and Reversions, Re­mainder [Page 84] and Remainders of all and singular the Premisses, and all Rents and reservations reserved or payable by or upon any Demises, Leases, or Grants heretofore made or granted of the Premisses, or of any part or parcel thereof; To have and to hold the said Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses what­soever, hereby bargained and sold, or mentioned to be bargained and sold with their and every of their appurtenances unto the said Sir G. S. and W. S. their Executors, Administrators and Assigns, from the first day of this instant, &c. for and during the full term of one whole year from thenceforth next ensuing, and fully to be complete and ended; In witness, &c.

A Settlement or Release upon Marriage.

THis Indenture made, &c. between T. H. of W. in, &c. of the one part, and Sir G. S. of, &c. Knight, and W. S. Son and Heir apparent of, &c. of th' other part, Whereas a Marriage is intended by the Grace of God to be shortly hereafter had and solemnized be­tween the said T. H. and E. S. one of the Daughters of the said Sir G. S. And Whereas also the better to enable the said T. H. to grant, release and convey the Messuages, Lands, Tenements and Hereditaments here­in after mentioned unto the said Sir G. S. and W. S. and their Heirs, to such uses, intents and purposes, and in such sort, manner and form as the same are herein after mentioned to be by these Presents granted, re­leased and conveyed; He the said T. H. by his Indenture of Bargain and Sale bearing date the day next before the day of the date hereof in Consideration of 5 s. therein mentioned, Did bargain and sell unto the said Sir G. S. and W. S. All that capital Messuage called W. scituate near, &c. And also all and singular other the Messuages, Lands, Tene­ments, Woods, Under-woods and Hereditaments whatsoever of him the said T. H. or whereof or wherein he now hath or ever had any estate of Inheritance lying or being in W. aforesaid in the said County of K. with all and singular their and every of their appurtenances, and the Reversion and Reversions, Remainder and Remainders of all and singular the Pre­misses; And all Rents and Reservations reserved, or payable by or upon any Demises, Leases or Grants heretofore made or granted of the Pre­misses, or of any part or parcel thereof; To have and to hold the said Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses whatsoever thereby bargained and sold, or mention­ed to be bargained and sold with their and every of their appurtenances unto the said Sir G. S. and W. S. their Executors, Administrators and Assigns, from the first day of this instant — for and during the full term of one whole year from thenceforth next ensuing and fully to be complete and ended, as in and by the said Indenture (relation being thereunto had) more plainly it doth and may appear; By force and vir­tue of which said Indenture and of the Bargain and Sale therein con­tained, the said Sir G. S. and W. S. do now at the time of the sealing and delivery hereof, stand lawfully possessed of, and in all and singular the said Messuages, Lands, Tenements, Hereditaments and Premisses thereby bargained and sold for and during all the residue of the said term therein [Page 85] yet to come and unexpired.

Now this Indenture witnesseth, That in Consideration of the said Marriage, and of the sum of 2200 li. of lawfull, &c. to the said T. H. in hand paid by the said Sir G. S. at or before the Sealing and Delivery of this present Indenture for the Marriage-portion of the said E. his Daughter, the Receipt of which sum the said T. H. doth hereby ac­knowledge, and hereof, &c. by these Presents, and for the settling and assuring of a competent Joynture and maintenance for the said E. during her life, and also for the settling, conveying and assuring of all and sin­gular the said Messuages, Lands, Tenements, Hereditaments and Pre­misses in such sort, manner and form as the same are herein after men­tioned to be respectively settled and conveyed, and for divers other good Causes and Considerations him the said T. H. especially moving; He the said T. H. hath granted, remised, released, aliened, enfeoffed and confirmed, and by these Presents doth grant, remise, release, alien, enfeoffe and confirm unto the said Sir G. S. and W. S. their Heirs and Assigns, All and singular the said Messuages, Lands, Tenements and Hereditaments herein before mentioned, and all and singular other the Premisses whatsoever, which in and by the said recited Indenture are bargained and sold, or mentioned to be bargained and sold with all and singular their and every of their appurtenances; And also the Re­version and Reversions, Remainder and Remainders of all and singular the Premisses, and the rents, services and profits to them or any of them in­cident, belonging or appertaining; And all rents, profits and reserva­tions reserved or payable by or upon any Demise, Lease or Grant, De­mises, Leases of Grants had, made or granted, or mentioned to be made or granted of the Premisses hereby granted, or mentioned to be grant­ed, or of any of them; And also all and every the Estate, Right, Ti­tle, Interest, Use, Possession, Property, Benefit, Trust, Claim and Demand whatsoever of him the said T. H. of, in and to all and singular the said Messuages, Lands, Tenements, Hereditaments and Premisses whatsoever hereby granted or mentioned to be granted, or of, in or to any part or parcel thereof, To have and to hold the said Messuages, Lands, Tenements, Hereditaments, and all and singular other the Pre­misses hereby granted or mentioned to be granted, with all and singular their and every of their appurtenances unto the said Sir G.S. and W. S. their Heirs and Assigns for ever, To the several uses and behoofs herein after declared, mentioned, limitted and expressed concerning the same respectively, and to no other use, intent or purpose whatsoever (that is to say) As for and concerning all and singular the said Messuages, Lands, Tenements, Hereditaments and Premisses whatsoever hereby granted or mentioned to be granted, with their and every of their ap­purtenances, To the use and behoof of the said T. H. for and during the term of his natural life, without impeachment of or for any man­ner of waste, and from and after the determination of that estate, To the use and behoof of the said W. S. Party to these Presents, and N. S. of, &c. Brother of the said W. S. their Heirs and Assigns, for and during all the time of the natural life of the said T. H. Ʋpon Trust only for the preserving the contingent uses and estates herein after limitted, and to make Entries for the same (if the same shall be needfull) but that the said W. S. and N. S. their Heirs and Assigns, shall not convert the rents issues or profits thereof to their own use; And from and immediately after the death of the said T. H. Then As for and concerning the said [Page 86] capital Messuages called W. H. with all the Edifices, Buildings, Barns, Stables, Orchards, Gardens, Back-sides, Profits, Commodities and ap­purtenances to the same belonging, late in the tenure and occupation of the said P. P. Widow, or her Assigns, and now in the tenure or occu­pation of the said T. P. or his Assigns, and the said piece or parcel of Pasture-land called B. &c. And all those the said 8 pieces or parcels of Upland lying and being in W. aforesaid, containing by estimation 67 Acres, be the same more or less, now or late in the tenure or occupation of J. H. or his Assigns, adjoyning to the East of, &c. To the use and behoof of the said E. S. for and during all the term of her natural life, for and in the name of her Joynture, and in full recompence, lieu and satis­faction of all the Dower which she may or otherwise might claim, have or challenge in all or any the Manors, Lands, Tenements or Heredita­ments of the said T. H. her intended Husband, And as well for and con­cerning the same Premisses so limitted to the said E. for Joynture as afore­said, from and immediately after the decease of her the said E. As also for and concerning all and singular other the Messuages, Lands, Tene­ments, Woods, Underwoods, Hereditaments and Premisses whatsoever herein before mentioned, and which are not limitted to the said E. for Joynture from and immediately after the decease of the said T. H. To the use and behoof of the first Son of the said T. H. and the Heirs-males of the body of such first Son lawfully to be begotten, and for de­fault of such Issue, To the use and behoof of the second Son of the said T.H. &c. (in the like words to the 6th.) and for default of, &c. To the use, &c of the 6th. 7th. 8th. 9th. 10th. and all other the Sons of the said T. H. severally and successively one after another in order and course as they shall be in order and seniority of age and priority of Birth, and the several Heirs-males of their several and respective bodies lawfully to be begotten, The elder of the said Sons and the Heirs-males of his body being always preferred before the younger and the Heirs males of their bodies; And for default of such Issue, To the use and behoof of the right Heirs of the said T. H. for ever; And the said T. H. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them doth covenant, promise and grant to and with the said Sir G. S. and W. S. their Heirs, Executors and Administrators by these Presents in manner and form following, (that is to say) That he the said T. H. at and immediately before the Sealing and Delivery of this present In­denture, is the sole, true and lawfull Owner and Proprietor of all and singular the said Messuages, Lands, Tenements, Hereditaments and Pre­misses hereby granted or mentioned to be granted, and of every part and parcel thereof with th' appurtenances; And solely, lawfully, rightfully and absolutely seised thereof and of every part and parcel thereof with th' appurtenances of a good, pure, absolute and in­defeisible Estate of Inheritance in Fee simple, without any manner of condition, contingent proviso, or limitation of use, or other mat­ter or thing to determine, alter or change, or which may any way hinder the arising of any the use or uses herein before mentioned or intended to be raised or limitted concerning the same; And that he the said T. H. now hath good right, full power, and lawfull autho­rity in himself to convey, assure and settle all and singular the same Premisses and every part thereof with th' appurtenances, to the uses and in manner and form aforesaid; And that from and after the decease [Page 87] of the said T. H. she the said E. and her Assigns, during her life and the said several Sons of the said T. H. and the several Heirs males of their several bodies according to the intent and true meaning of these Presents, and of the limitations herein before mentioned, shall or lawfully may from time to time and at all times during all the continuance of all their several and respective estates hereby limitted or mentioned and intended to be li­mitted, freely, quietly and peaceably have, hold, occupy, possess and enjoy all and singular the said several Messuages, Lands, Tenements, Hereditaments and Premisses hereby to them respectively limitted or men­tioned or intended to be limitted, and the rents and profits thereof and of every part thereof receive and take without the lawfull lett, trouble, interruption, eviction or ejection of any person or persons whomsoever; And that also free and clear, and freely, clearly and absolutely acquit­ted, freed and discharged of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Feoffments, Devises, Uses, Joyn­tures, Dowers, Intails, Estates, Leases, Rights, Titles, Rents, Arre­rages of Rents, Issues, Fines, Amerciaments, Debts, Duties, Judg­ments, Statutes-merchant and of the staple, Recognisances and all other debts of Record, Decrees, Sequestrations, Seisures, Executions, Extents, Charges, Troubles, Forfeitures and Incumbrances whatsoever (One Lease heretofore made by the said T. H. unto the said P. P. by Indenture dated the, &c. day of, &c. in the 24th. year of, &c. Of the said capi­tal Messuage called W. and all other the Lands, Tenements and Heredita­ments in the said Indenture of Lease mentioned, To hold from the Feast of, &c. then last past, for the term of — years, under the yearly rent of — pounds during all the said term payable as is therein mentioned, And one other Lease heretofore made by the said T. H. unto the said J. B. by Indenture, &c.) All which said several yearly rents reserved up­on the said several Leases will during the same Leases respectively be pay­able unto such person and persons to whom the immediate Freehold of the same Premisses shall by the true intent and meaning of these Presents belong; And all such rents and services as shall become due and payable to the chief Lord and Lords of whom the same Premisses are holden in Fee for and in respect of the Tenure thereof only excepted and fore-prized.

And farther, the said T. H. for himself, his Heirs, Executors, Admi­nistrators and Assigns, and for every of them doth covenant, promise and grant to and with the said Sir G. S. and W. S. their Heirs, Execu­tors and Administrators by these Presents, That he the said T. H. and all and every other person and persons whatsoever having or lawfully clai­ming, or which shall or may have, or lawfully claim any estate, right, title or interest of, in or to the Premisses hereby granted or mentioned to be granted (other than the said Persons and Lessees whose estates [...]nd interests are herein before excepted for and in respect only of the same Estates so excepted) shall and will from time to time and at all and every time and times within the space of 7 years next ensuing the date hereof at and upon the reasonable request of the said Sir G. S. and W. S. or their Heirs, but at the proper costs and charges of the said T. H. and his Heirs, doe, make, levy, execute, acknowledge and suffer All and every such farther and other reasonable act and acts, thing and things, de­vise and devises, assurance and assurances, conveyance and conveyances in the Law for the farther, better and more perfect assurance, settling [Page 88] and conveying of the said Messuages, Lands, Tenements, Heredita­ments and Premisses hereby granted or mentioned to be granted, with th' appurtenances to the uses and behoofs herein before mentioned con­cerning the same respectively; be it by Fine or Fines, Feoffment or Fe­offments, Deed or Deeds, common Recovery or Recoveries, with dou­ble, single or treble Voucher or Vouchers, Release or Confirmation, or by all and every or any of the said ways or means, or by any other ways or means in the Law whatsoever, as by the said Sir G. S. and W. S. their Heirs or Assigns, or their or any of their Council learned in the Law shall be reasonably devised, advised or required. In wit­ness, &c.

Deed to lead the use of a Fine Sur Concessit.

THis Indenture, &c. between A. B. of th' one part, andTenants to the Pre­cipe. C. D. and E. F. of the other part, Witnesseth, That for divers good Cau­ses and Considerations the said Parties hereunto moving, It is hereby covenanted, granted, concluded and agreed upon by and between all and every the said Parties to these Presents for them and their Heirs; And the said A. B. doth for him and his Heirs covenant, promise and grant to and with the said C. D. and E. F. their Heirs and Assigns by these Presents, That he the said A. B. shall and will before the end of Easter Term next ensuing the date of these Presents, acknowledge and levy in due form of Law according to the Laws and Statutes of England unto the said C. D. and E. F. or to the Survivor of them, one or more Fine or Fines Sur Concessit, whereby the said A. B. shall grant to such Conusee or Conusees, or his or their Heirs for and during all the term of the na­tural life of the said A. B. Of all that the Castle of, &c. by the name and names of, &c. or by such other apt and convenient name and names, numbers of Messuages and Acres, quantities of Land and other things as shall be fit and requisite; Which said Fine or Fines so to be had, acknowledged and levied as aforesaid, shall enure and be, and shall be construed, deemed, adjudged and taken to enure and be, To the use and behoof of such Conusee or Conusees and his or their Heirs during all the term of the natural life of the said A. B. In wit­ness, &c.

Covenant to levy a Fine at the grand Sessions in Wales.THat they the said W. Lord M. of H. and the Lady F. Marchioness of H. shall and will at the next great and general Sessions to be held for the County of P. acknowledge and levy before the Justices there one or more Fine or Fines, Sur Conusans de Droit come ceo, &c, to be ingrossed, recorded and sued forth with Proclamations according to the Statutes in that Case made and provided, and the usual course of Fines with Proclamations in such Cases used unto the said J. S. and J. C. and their Heirs, or the Heirs of one of them, or to the Survivor of them and his Heirs, of all those the Manors of, &c.

Release of a Trust.

THis Indenture made the, &c. between A. B. of, &c. in the Coun­ty of, &c. of th' one part; and E. H. of, &c. of the other part; Whereas by one Indenture bearing date the, &c. now last past before the date hereof, made or mentioned to be made between T. C. of H. in the County of W. Esquire of th' one part, and the said A. B. of the other part; It is witnessed, That the said T. C. for and in consideration of the Sum of 1100 li. paid by the said A. B. to the said T. C. Hath bargai­ned, sold, given, granted, enfeoffed and confirmed unto the said A. B. his Heirs and Assigns for ever; All that the Manor of G. &c. Together with all and singular Houses, &c. Together also with all Deeds, Evidences, &c. All and singular which said Manor, &c. are scituate, lying and being in, &c. and at the time of the Sealing of the said Indenture, or late be­fore, were in the tenure, &c. As by the said Indenture (relation, &c.)

Now this Indenture witnesseth, That the said A. B. doth hereby acknowledge that his name was used in the said Conveyance by the spe­cial nomination and appointment of the said E. H. and in trust for him, and that 600 li. already paid unto the said T. C. for the purchase there­of was the proper Moneys of the said E. H. and the residue of the said 1100 li. is to be paid by him the said E. H. And therefore in pursuance of the Trust in him the said A. B. reposed by the said E. H. He the said A. B. hath granted, remised, released and confirmed; And, by these Pre­sents, doth grant, remise, release and confirm unto the said E. H. his Heirs and Assigns, All and singular the said Manor, Messuages, Lands, Tenements, Hereditaments and Premisses before mentioned and all other the Lands and Hereditaments whatsoever which in and by the said reci­ted Indenture were granted and conveyed unto him the said A. B. of all which Premisses the said E. H. is now in full Possession, by virtue of a Bargain and Sale thereof to him made by the said A. B. for the term of a year from the, &c. day of this instant M. As by the Indenture bea­ring date the day next before the day of the date hereof may appear.

And the said A. B. doth farther, by these Presents, (for the conside­ration aforesaid) grant, remise, release and confirm unto the said E. B. his Heirs and Assigns the Reversion and Reversions, Remainder and Re­mainders of all and singular the Premisses, and of every part and parcell thereof; And the Rents, Services and Profits thereunto incident and belonging; And also all the Estate, Right, Title, Interest, Use, Possessi­on, Property, Benefit, Trust, Claim and Demand whatsoever of him the said A. B. of, in and to the same Premisses, and every part and parcell thereof; To have and to hold the said Manor, Messuages, Lands, Tene­ments, Hereditaments, and all and singular other the Premisses hereby granted or mentioned to be granted, with their and every of their appur­tenances, unto the said E. H. his Heirs and Assigns for ever; To th' one­ly proper use and behoof of the said E. H. his Heirs and Assigns for ever, and to none other use, intent or purpose.

And the said A. B. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said E. H. his Heirs and Assigns, by these Presents, That he, the said A. B. hath not done, or willingly and wittingly suffered to [Page 90] be done, any act or thing whereby the said Manor, Messuages, Lands and Premisses or any of them are or may be any way impeached, char­ged or incumber'd in Title, Charge, Estate or otherwise.

And whereas the said T. C. by one Recognizance or Writing obliga­tory in the nature of a Statute-staple taken and acknowledged before J. K. Mayor of the Staple at VVestminster, Quaere, What Statute? and VV. S. Recorder of the City of L. did become bounden to the said A. B. in the Sum of 2000 li. payable as in and by the said Writing or Recognizance made in the na­ture of a Statute-staple, as aforesaid, bearing date the, &c. now last past before the date hereof, (relation, &c.) more fully, &c. may appear, The said A. B. Assignment of the Sta­tute. doth hereby acknowledge that the Name of him the said A. B. was made use of therein onely in Trust for the said E. H.

And therefore this Indenture farther witnesseth, That the said A. B. hath assigned and set-over, and, as far as in him lieth, doth, by these presents, assign and set-over unto the said E. H. his Executors, Admini­strators and Assigns, the said recited Writing obligatory or Recognizance, and Sum of Money therein contained; And all Estate, Right, Title, Be­nefit, Advantage, Claim and Demand whatsoever which he the said A. B. hath or ought to have of, in and to the same.

And the said A. B. doth make, ordain, appoint, and in his place and stead put the said E. H. his true and lawfull Attorney irrevocable for and in the name of him the said A. B. but for the onely use of the said E. H. to extend and cause to be extended by virtue of or upon the said Recognizance or Writing obligatory,Letter of At­torney. any Lands, Tenements or Heredi­taments whatsoever, which were the said T. C. either at the time of his acknowledging or entring into the said Writing obligatory or Recogni­zance, or at any time after, and all or any other Lands, Tenements, He­reditaments, Goods or Chattels, which are or may be any way subject or liable to be extended by virtue of or upon the said Recognizance or Writing obligatory; And to doe and procure to be done all and every Act and Acts by virtue of a Writ of Liberari facias, or otherwise, as shall or may be necessary or expedient for the executing or perfecting of any such Extent or Extents.

And the said A. B. for himself, his Executors and Administrators doth covenant, grant and agree to and with the said E. H. his Executors and Administrators, by these Presents, That he, the said A. B. his Executors and Administrators, shall and will from time to time and at all times here­after quietly permit and suffer the said E. H. his Executors, Administra­tors or Assigns, in the name of the said A. B. his Executors or Admini­strators, to extend and cause to be extended any Lands, Tenements or Hereditaments, Goods or Chattels, upon the said Recognizance or Wri­ting obligatory which are or may be subject or liable to such Extent; and to doe and procure to be done all and every Act and Acts which shall or may be necessary or expedient for the perfecting of any such Extent.

And that the said A. B. his Executors and Administrators, shall and will from time to time, and at all times, from and after such time as any Lands, Tenements or Hereditaments shall happen to be extended or ta­ken in Extent upon the said Recognizance or Writing obligatory, or by virtue thereof, or of any Process that shall issue, goe out or be made thereupon, at the reasonable request, costs and charges in the Law of the said E. H. his Executors or Administrators, or some of them, make, doe, [Page 91] acknowledge and execute all and every such lawfull and reasonable Act and Acts, Devise and Devises, Assurance and Assurances, for the granting, assigning and setting over unto the said E. H. his Executors, Admini­strators and Assigns, or to any other person and persons, such as the said E. H. shall nominate or appoint, and his and their Executors and As­signs, all such Lands, Tenements and Hereditaments as shall so happen to be extended or taken in extent; To have and to hold the same du­ring the continuance of every such Extent and Extents.

And farther, That he the said A. B. hath not released or discharged the said Recognizance or Writing obligatory; And that he the said A. B. his Executors or Administrators, or any of them, shall not at any time here­after release or discharge the said Recognizance or Writing obligatory, or doe, or willingly and wittingly suffer any act, matter or thing, whereby or by means whereof the same shall or may become frustrate or made void, without the consent of the said E. H. his Executors or Administrators, unless he or they shall be by the Order or Decree of some Court of Justice or other Authority compelled thereunto.

And the said E. H. for himself, his Executors and Administrators, and every of them, doth covenant and grant to and with the said A. B. his Executors and Administrators, by these Presents, That he, the said E. H. his Executors and Administrators, shall and will, from time to time, and at all times hereafter, save and keep harmless the said A. B. his Executors and Administrators, and every of them, of and from all loss and damage, for and in respect of any Power or Authority hereby given to the said E. H. touching or concerning the said Statute or Recognizance. In witness, &c.

Deed to leade the Ʋse of a Fine Sur Conusans de Droit, &c. and a Recovery.

THis Indenture tripartite made, &c. between J. E. of A. in the County of S. Esquire, and M. his Wife, of the first part;Tenants to the Praecipe. Demandants in the Reco­very. A. and B. of the second part; and C. and D. of the third part; Witnesseth, That, for divers good Causes and Considerations the said Parties here­unto moving, It is hereby covenanted, granted, concluded and agreed upon between all and every the said Parties to these Presents, for them and their Heirs; And the said J. E. doth for him and his Heirs cove­nant, promise and grant to and with the said A. and B. their Heirs and Assigns, by these Presents, That he the said J. E. and M. his Wife, shall and will, before the end of Trinity Term next ensuing the date hereof, acknowledge and levy in due form of Law, according to the Laws and Statutes of England, one Fine Sur Conusans de Droit come ceo, &c. to be ingrossed, recorded and sued forth with Proclamations, according to the Laws and Statutes in that case made and provided, and the usual course of Fines with Proclamations in such case used, unto the said A. and B. and their Heirs, or to the Heirs of one of them, or to the Survivor of them and his Heirs, of all that capital Messuage and Farm scituate, &c. By such name and names, number of Messuages and Acres, Quantities and Qualities of Land, and other things as shall be fit and requisite in [Page 92] that behalf; Which said Fine so to be acknowledged and levied as afore­said, and all and every other Fine and Fines in what manner and form soever, after the day of the date of these Presents levied or acknowledged, or to be levied and acknowledged of the Premisses or of any part there­of between the said Parties to these Presents, or any of them, by any name or names whatsoever, shall be and enure, and shall be construed, expounded, adjudged, deemed and taken to be and enure, and are hereby declared and agreed to be and enure to the use and behoof of the said A. and B. and their Heirs, to the intent and purpose, That the said A. and B. shall and may be perfect Tenants of the freehold of the Premisses and of every of them, and of every part and parcell of them and every of them, with their and every of their appurtenances, until a good and perfect Common-recovery shall and may be had and execu­ted of all and singular the said Messuages, Lands, Tenements, Heredita­ments and Premisses against them the said A. and B. according to the true intent and meaning of these Presents and the said Parties hereunto.

And, for that purpose, It is farther concluded, condescended and a­greed unto by and between all and every the said parties to these Pre­sents, That after the acknowledging and levying of the said Fine to the said A. and B. by the said J. E. as aforesaid, and before the end of Trini­ty Term next ensuing the date hereof, a good and perfect Common-re­covery in the nature of a Common-recovery, for Assurance of Lands, shall be had,The County need not be named, the Lands lying but in one County. executed and perfected of and for all and singular the Pre­misses, at the proper costs and charges in the Law of the said J. E. And that for that end and purpose one Writ of Entrie Sur Disseisin en le post shall be brought in the names of the said C. and D. as Plaintiffs or De­mandants against the said A. and B. as Tenants of and for all and singu­lar the said Messuages, Lands, Tenements, Hereditaments and Premisses, with their and every of their appurtenances, by such names, quantities, qualities, contents and numbers of Messuages and Acres and other cer­tainties as shall be apt and convenient; To which Writ the said A. and B. shall appear gratis in their proper persons, and shall and will vouch to warrant the Premisses the said J. E. who shall vouch the common Vouchee; And such farther Proceedings shall be had thereupon, that a good and perfect Common-recovery, with Voucher of the said J. E. shall and may be had, prosecuted and executed in and upon the said Writ of Entrie, in all things, according to the usual order and form of Common-recoveries with double Voucher for Assurances of Lands in such cases used.

And it is farther covenanted, concluded, declared and fully agreed un­to by and between all and every the said Parties to these Presents, for them and their Heirs; And it is their true intent and meaning, That from and immediately after such time as the said Common-recovery shall be had, executed and perfected of the Premisses, as aforesaid, aswell the said Fine as the said Recovery and th' Executions thereof respectively, and all and every other Fine and Fines, Common-recovery and Reco­veries, and other Assurances of the Premisses or any part thereof, by any name or names whatsoever, shall be and enure, and shall be constru­ed, expounded, adjudged, deemed and taken to be and enure; And the said Recoverors and their Heirs, and the Conusees in the said Fine and their Heirs, and all and every other person and persons whatsoever which shall stand or be seised of all or any of the said Messuages, &c. [Page 93] and Premisses, by force and virtue of the said Fine and Recovery, and either, or otherwise howsoever, shall so stand and be seised thereof, and of every part and parcell thereof, with their and every of their appur­tenances; To the use of the said J. E. and M. his Wife, and the Heirs of the said J. E. for ever; And to or for none other use, intent or pur­pose whatsoever. In witness, &c.

Assignment of a Mortgage-lease to the Mortgageor.

THis Indenture made, &c. between R. Y. of, &c. of the first part; E. C. of, &c. of the second part; and G. C. of, &c. of the third part; Whereas by one Indenture bearing date, &c. made or mentioned to be made between the said E. C. of th' one part, and the said R. Y. of th' other part, He the said E. C. (for the Considerations therein men­tioned) did demise, grant, bargain and sell unto the said R. Y. his Ex­ecutors, Administrators and Assigns, All that the Manor-house of B. &c. All which are scituate, lying and being in, &c. And all and singular Buil­dings, Orchards, Gardens, &c. To have, &c. with their and every of their appurtenances unto the said R. Y. his Executors, Administrators or Assigns, from the, &c. day of, &c. last past before the date of the said Indenture, unto the full end and term of 1000 years from thence next ensuing fully to be complete and ended; As in and by the said Inden­ture, &c.

Now this Indenture witnesseth, That the said R. Y. by and with the consent, and by the directions of the said E.C. testified by his being a Party to these Presents; And for and in consideration of the Sum of, &c. of lawfull, &c. to him in hand paid by the said E. C. for a Debt owing unto him by the said E. C. The Receipt whereof the said R. Y. doth, &c. And thereof, &c. doth acquit and discharge the said E. C. by these Presents; Hath aliened, bargained, sold, assigned and set-over; And, by these Presents, doth, &c. unto the said G. C. his Executors, Ad­ministrators and Assigns in Trust for the said E. C. All that the said Ma­nor-house, &c. And all and singular the said Lands, Tenements, Heredi­taments and Premisses whatsoever, in and by the said recited Indenture demised, granted, bargained and sold unto him the said R. Y. And also all the Estate, &c. of him the said R. Y. of, in and to the Premisses and every or any part or parcell thereof; To have, &c. the said Manor-house, &c. and all and singular other the Premisses hereby granted and assigned, or mentioned to be granted and assigned, with their, &c. ap­purtenances, unto the said G. C. his Executors, Administrators and As­signs, for and during all the rest and residue of the said term of 1000 years yet to come and unexpired; And the said R. Y. for himself, his Executors, Administrators and Assigns, and for every of them, doth co­venant, promise and grant to and with the said G. C. his Executors, Ad­ministrators and Assigns, by these Presents, That he, the said R. Y. hath not made any former or other Grant, Bargain, Sale, Assignment or Sur­render of the said Manor-house, Lands and Premisses, or of any part thereof; Nor done, or willingly and wittingly suffered to be done, any act or thing whereby the said Manor-house, &c. or any part thereof are [Page 94] or may be impeached, charged or incumbered in title, charge, estate, or otherwise; (One Lease of the Premisses made unto the said E. C. by Indenture, bearing date the —day of M. &c. To hold unto the said E. C. his Executors, Administrators and Assigns, from the — day of J. last past before the date of the said Indenture unto the full end and term of 999 years from thence next ensuing and fully to be complete and ended, only excepted and fore-prized. In witness, &c.

Surrender of a Mortgage.

THis Indenture made, &c. between J. L. of C. in the County of N. Esq; of th' one part, and Sir E. H. of T. in the County of K. Baronet of th' other part, Whereas by one Indenture bearing date the—day of—in the year, &c. made or mentioned to be made be­tween the said Sir E. H. J. A. R. A. T. H. T. C. and E. F. Esquires, and J. S. and J. G. Gent. of th' one part, and the said J. L. of th' other part, He the said Sir Ed. H. and also they the said J. A. R. A. &c. for and in Con­sideration of the sum of 10000 li. of lawfull, &c. therein mentioned to be paid by the said J. L. to the said Sir E. H. and for other the con­siderations in the said Indenture mentioned, Did demise, grant, bar­gain and sell unto the said J. L. his Executors, Administrators and Assigns All those Meadows, &c. And all other the Lands, Tenements and Here­ditaments whatsoever of them the said Sir E. H. J. A. R. A. &c. or wherein they and every or any of them then or within 5 years then last past had any manner of Estate scituate, lying and being with the Isle of E. aforesaid; And all Houses, &c. and the Reversion, &c. To have and to hold the same Premisses unto the said J. L. his Executors, Admi­nistrators and Assigns, from thenceforth unto the full end and term of 500 years from thence next ensuing, and fully to be complete and end­ed without impeachment of or for any manner of waste, under the year­ly rent of a Pepper-corn, and upon and under a Proviso and Condition to be void, upon payment by the said Sir E. H. unto the said J. L. of 300 li upon the — day of N. next ensuing the date of the said Inden­ture and of 10300 li. more upon the 5th day of M. which then should be in the year of our Lord, &c. at such place as in the said Indenture is mentioned, as in and by the said Indenture (relation being thereunto had) may more at large appear.

And Whereas the said sum of 10300 li. was not paid upon the said — day of M. in the year of our Lord, &c.

Now this Indenture witnesseth, That the said J. L. for and in Consideration of the sum of 10000 li. of lawfull money of England to him in hand paid by the said Sir E. H. at or before the Sealing and Deli­very of this present Indenture, the Receipt whereof the said J. L. doth hereby acknowledge, and thereof, &c. hath assigned and surrendered, and by these Presents doth assign and surrender unto the said Sir E. H. his Heirs and Assigns, All and singular the said Messuages or Tenements, Lands, Meadows, Pastures, fresh and salt Marishes, and other the He­reditaments whatsoever herein before mentioned, and in and by the said recited Indenture demised and granted, or mentioned to be demised and [Page 95] granted unto him the said J. L. And also all the estate, right, title, interest, term of years, claim and demand whatsoever of him the said J. L. of, in and to the Premisses, and of, in and to every part and parcel thereof, To have and to hold the said Messuages or Tenements, &c. Habend. and all and singular other the Premisses with their and every of their appurtenances unto the said Sir E. H. his Heirs and Assigns, for such estate, term or interest as he the said J. L. hath or ought to have there­in; And the said J. L. for himself, his Executors, Administrators and Assigns, and for every of them doth covenant, promise and grant to and with the said Sir E. H. his Heirs and Assigns by these Presents, That he the said J. L. hath not done any act or thing whereby the Premisses hereby assigned and surrender'd, or mentioned to be assigned and surren­der'd, or any part thereof are or may be any way impeached, charged or incumbered in title, charge, estate or otherwise. In witness, &c.

Deed of Declaration made by Trustees to prevent future Questions and Differences.

TO all People to whom this present Writing shall come, J. St. A. of, &c. and W. S. of, &c. Send greeting in our Lord God ever­lasting, Whereas Dame A. D. the Wife of Sir F. D. Knight, did here­tofore joyn with her said Husband in the Sale of the Manor of R. and other Lands in the County of G. being the Inheritance of her the said Dame A. upon promise made unto her, and upon trust, hope and confi­dence, that the monies for which the said Manor and Lands were so sold, should be laid out and disposed of for and upon the purchase of other Lands and Hereditaments, to be settled to the use of the said Sir F. D. and the said Dame A. for their lives, with such Remainders to their Sons severally and successively in tail, and such other uses as are herein after mentioned and expressed in the Declaration hereafter in and by these Presents, made of and concerning the Trusts herein after declared.

And whereas afterwards with the monies for which the said Manor of R. and other Lands in the said County of G. were sold, or with part thereof a Purchase was made of the Manor, Lordship, Scite, capital Mes­suage, Mansion-house, Rectory, Parsonage, Lands, Tenements, Mea­dows, Pastures, Woods, Underwoods, Tithes, Copies and other He­reditaments, granted and conveyed unto, or mentioned to be granted and conveyed unto us the said J. St. A. and W. S. in and by one Inden­ture bearing date the— day of N. &c. made or mentioned to be made between F. J. of, &c. eldest Son and Heir of F. J. deceased, and W. J. Brother of the said F. J. the Son of the one part, and the said Sir F. D. and us the said J. St. A. and W. S. of the other part (That is to say) Of all that the Manor, Lordship, Scite, capital Messuage, Farm, Tene­ment and Demesn-lands of M. B. in the said County of S. And also of all that the Rectory or Parsonage of M. B. and B. G. in the said County of S. by whatsoever name the said Rectory or Parsonage may be called or known, with all and singular their and every of their appurtenances, And all the Messuages, &c. All which said Manor, Lordship, Scite, ca­pital [Page 96] Messuage, Mansion-house, Rectory, Parsonage, Lands, Tenements, Meadows, Pastures, Woods, Under-woods, Tythes, Copices, and other Hereditaments in the said County of S. were by the said Indenture, and other good Assurances and Conveyances in the Law, conveyed and assu­red unto us the said J. St. A. and W. S. our Heirs and Assigns, To the onely use and behoof of us the said J. St. A. and W. S. our Heirs and Assigns, absolutely for ever; As in and by the said Indenture and other Assurances thereof made more plainly it doth and may appear.

Now know ye, That we, the said J. St. A. and W. S. minding the discharge and performance of the Trust in us reposed; And being wil­ling to execute and perform the same by executing Estates of the Pre­misses accordingly, whensoever we shall be thereunto required; And in the mean time, to manifest and declare the same, to prevent all Questi­ons and Differences that might happen in case we should die before such Estates made and executed; Do, by these presents, declare, publish and make known, That the said Manor, Lordship, Scite, capital Messuage, Mansion-house, Rectory, Parsonage, Lands, Tenements, Meadows, Pa­stures, Woods, Underwoods, Tythes, Copices and other the Heredita­ments so conveyed unto us as aforesaid, were bought and purchased with the same Moneys which was raised by the Sale of the said Manor of R. and other Lands in the said County of G. which were the Inheritance of the said Dame A. And that the said Conveyance and Assurance there­of so made unto us and our Heirs, as aforesaid, was, upon special Trust and Confidence, That we and our Heirs should (upon request) settle and convey the same, To the use and behoof of the said Sir F. D. and Dame A. D. for and during the term of their natural Lives; And from and after the Decease of the said Sir F. and Dame A. his Wife; To the use and behoof of J. D. eldest Son of the said Sir J. D. by the said Dame A. and of the Heirs males of the body of the said J. D. lawfully to be begotten; And for default of such Issue To the use and behoof of the right Heirs of the said J. D. And that in the mean time, until such Settlement and Conveyance made, we the said J. St. A. and W. S. and our Heirs should permit and suffer the Rents and Profits of the Pre­misses to be received and taken by the said Sir F. D. and Dame A. du­ring their Lives; And after by the said J. D. and the Heirs males of his body; And for default of such Issue by the right Heirs of the said J. D. in such sort as they might and should receive the same in case such Con­veyance were made and executed by us to the Uses therein before men­tioned. In witness, &c.

Demise or Mortgage for 500 years, but to be void upon Re-payment of the Money.

THis Indenture made the, &c. day of, &c. between J. P. of, &c. and T. D. of, &c. of the one part; and A. W. Citizen and M. of L. J. W. of H. in Com. M. H. C. of B. in the County of B. and H. D. C. and M. of the other part;A Trustee. Witnesseth, That, in Consideration of the Sum of 4500 li. of lawfull, &c. to the said J. P. in hand paid by the said A.W. J.W. H.C. and H.D. The Receipt whereof he doth here­by [Page 97] acknowledge; And thereof, &c. and every of them, by these Pre­sents; And in Consideration of the Sum of 5 s. of like Money to the said T. D. in hand paid by the said A.W. H. C. &c. The Receipt where­of he doth hereby acknowledge; He, the said T. D. (at the Request and by the Appointment of the said J. P. testified by his being Party to, and signing and sealing of these Presents,) hath granted, bargained, sold and demised; And, by these Presents, doth grant, bargain, sell and demise unto the said A. W. J. W. &c. All that capital Messuage or Tene­ment and Scite of the Manor of A. called the Hall-house or Manor-house, with all and singular the Houses, Edifices, Buildings, Courts, Yards, Orchards, Gardens, and other appurtenances thereof in A. in the Coun­ty of L. And the several Closes or inclosed Grounds of Pasture and Meadow-ground in A. aforesaid with their and every of their appurte­nances commonly called or known by the several name or names of, &c. (All which said Premisses (amongst other things) in and by one In­denture inrolled in the Chancery, bearing date, &c. now last past, made between the Right Honourable M. B. Earl of N. and the Lady A. Coun­tess of N. his Wife, of the one part, and the said T. D. of th' other part, and by Fine and other good Assurances were conveyed or mentioned to be conveyed by the said Earl and Countess to the said T. D. and his Heirs,) as thereby may appear; And the Reversion,The Tru­stee. &c. Habend. To have and to hold the said capital Messuage, Closes, Lands, and all and singular other the Premisses herein before mentioned and intended to be hereby granted, with their and every of their appurtenances, unto the said A. W. H. C. J. W. &c. their Executors, Administrators and Assigns, from hence­forth, for and during the term of 500 years from thence next ensuing, and fully to be complete and ended, without Impeachment of Waste; Yielding and paying therefore yearly the Rent of one Pepper-corn at the Feast of St. M. th' Archangel onely, (if the same be demanded.Reddend.)

And the said J. P. for himself, his Heirs, Executors and Administra­tors, and for every of them, doth covenant and grant to and with the said A. W. &c. their Executors and Assigns, by these Presents, That the said J. P. and the said T. D. their Heirs, Executors, Administrators or Assigns, or some or one of them, shall and will well and truly pay or cause to be paid unto the said A. W. &c. their Executors, Administrators or Assigns, at or in, &c. the full Sum of 4860 li. of lawfull, &c. in manner and form following, without any Abatement for or in respect of any publick Taxes, Charges or Payments issuing out of, or charged or chargeable on the Premisses or any part or parcel thereof, or on the said Sum of 4860 li. or any part thereof, or by reason thereof, by any Order, Ordinance, Act or Acts of Parliament, or otherwise howsoever; That is to say, The Sum of 180 li. thereof, on the, &c. day of, &c. next ensuing the date hereof, and the Sum of 4680 li. residue thereof, on the, &c. day of, &c. which shall be in the year of our Lord, &c.

And it is provided,Upon pay­ment the [...]emise to be void. conditioned and agreed by and between all and every the said Parties to these Presents, That if the said J. P. and T. D. their Heirs, Executors, Administrators or Assigns, or any of them, do or shall well and truly pay or cause to be paid unto the said A.W. &c. their Executors or Assigns, or any of them, at the place aforesaid, the said sum of 180 li. on the said, &c. next ensuing the date hereof; and the said Sum of 4680 li. on the said, &c. day of, &c. which shall be in the said year of our Lord, &c. without abatement for any Taxes, Charges or Pay­ments [Page 98] whatsoever, as aforesaid, according to the Covenant in that behalf herein before contained, and the true meaning of these Presents, That then, and at all times from thenceforth, this present Indenture, and the Grant, Bargain, Sale and Demise hereby made, shall cease, determine and be void; Any thing herein before contained to the contrary not­withstanding.

And the said T. D. for himself, his Heirs, Executors and Administra­tors doth covenant and grant to and with the said A. W. &c. their Exe­cutors and Assigns, by these Presents, That he, the said T. D. hath not at any time heretofore made,By the Tru­stee. done or committed any act, matter or thing whatsoever, whereby or wherewith the Premisses, or any part or parcell thereof, are, shall or may be charged in Title, Charge, Estate or other­wise howsoever.

And the said J. P. for himself, his Heirs, Executors and Admini­strators, doth covenant and grant to and with the said A. W. &c. their Executors and Assigns, by these Presents, That the said T. D. now is and standeth lawfully and rightfully seised of and in the said capital Mes­suage, Scite, and all and singular other the Premisses herein before menti­oned and intended to be hereby granted, with their and every of their appurtenances, of a good, sure, perfect, absolute and indefeasible E­state in Feesimple, to him and his Heirs; And now hath good right, full power, and lawfull and absolute authority to grant, bargain, sell and demise the said capital Messuage, and all other the Premisses, with their appurtenances, unto the said A. W. &c. their Executors and As­signs, for and during all the said term of 500 years, according to the purport, true intent and meaning of these Presents.

And that the said capital Messuage and other the Premisses herein before mentioned and intended to be hereby granted, with th' appurte­nances, now are and be of the clear yearly value of 500 li. over and above all charges, deductions and other charges and reprizes whatso­ever.

And farther, That after breach of the said Proviso, It shall and may be lawfull to and for the said A. W. &c. their Executors and Assigns, from time to time and at all times from thenceforth, du­ring all the residue of the said Term of 500 years then to come and unexpired peaceably and quietly to have,Covenant for peace­able enjoy­ment. hold and enjoy the said capital Messuage, and all and singular other the Premisses herein be­fore mentioned and intended to be hereby granted, with th' ap­purtenances, without the lawfull Lett, Suit, Trouble or Interrup­tion of the said J. P. and T. D. their Heirs or Assigns, or any other person or persons whomsoever, discharged or saved harmless of and from all and all manner of former and other Gifts, Grants, Bargains, Sales, Leases, Estates, Titles, Troubles, Charges, Bur­thens and Incumbrances whatsoever.

Covenant for farther Assurance. And that the said J. P. and T. D. and either of them, their and either of their Heirs, and all claiming under them or either of them, or in Trust for them or either of them, shall and will from time to time and at all times hereafter, upon the Request and at the Costs and Charges in the Law of the said A. W. &c. their Executors or Assigns, doe, make and execute, or cause or procure to be made, done and executed all and every such farther and other Act and Acts, Convey­ances and Assurances in the Law whatsoever, for the farther, better and [Page 99] more absolute conveying and assuring the said capital Messuage and Pre­misses with their appurtenances unto the said A. W. &c. their Executors and Assigns for and during all the rest and residue of the said term of 500 years then to come and unexpired, with and under the Proviso and Condition herein before mentioned and contained, as by the Coun­sell learned in the Law of the said A. W. &c. their Executors or Assigns shall be reasonably devised or required.

And it is declared and agreed by and between all and every the said Parties to these Presents, That in the mean time and until breach of the Proviso herein before contained, it shall and may be lawfull to and for the said T. D. and J. P. their Heirs and Assigns, peaceably and quietly to have, hold, occupy, possess and enjoy the said capital Messu­age and Premisses, with their appurtenances, and receive and take the rents and profits thereof to their own use without the lett or interrup­tion of the said A. W. &c. their Executors or Assigns, or any claiming under them or any of them. In witness, &c.

Mortgage in Fee of a Moity and Parts, &c. des­cended to the Wife.

THis Indenture made, &c. between C. J. of, &c. and A. his Wife of th' one part, and T. N. of, &c. of th' other part, Wit­nesseth, That the said C. J. and A. his Wife, for and in Consideration of the full sum of 1500 li. of lawfull, &c. to them in hand paid by the said T. N. at or before the Sealing and Delivery of this present Indenture, the receipt whereof the said C. J. doth hereby acknowledge, and there­of and of every part and parcel thereof doth clearly and absolutely ac­quit, exonerate and discharge the said T. N. his Executors and Admini­strators for ever by these Presents, Have granted, released, bargained, sold, aliened, enfeoffed and confirmed, and by these Presents for them and their Heirs do clearly and absolutely grant, release, bargain, sell, alien, enfeoff and confirm unto the said T. N. his Heirs and Assigns, One full Moity or half part, and all other the part and parts, purpart and pur­parts of them the said C. J. and A. his Wife or either of them, of and in the several Manors and Lordships of F. and M. with their and either of their rights, members and appurtenances in the County of S. and of and in all other the Lands, Tenements and Hereditaments whatsoever in F. and M. aforesaid in the said County of S. which were heretofore the Inhe­ritance of J. B. Esq; deceased Father of the said A. And the Reversion and Reversions, Remainder and Remainders of all and singular the said moity, part and parts, purpart and purparts and premisses, and all rents, services and profits thereto incident or belonging;Nota, The Mortgagee is in possession by a Bargain and Sale for a year pre­ceding. Of all which Pre­misses hereby granted or mentioned to be granted, the said T. N. is now in full possession, by force and virtue of a Bargain and Sale thereof made unto him by the said C. J. and A. his Wife for the term of one year from the first day of this instant A. as by an Indenture of Bargain and Sale in that behalf made, bearing date the — before the day of the date hereof may appear.

And the said C. J. and A. his Wife do farther by these Presents (for the Consideration aforesaid) grant,Grant of the Reversion. release, bargain, sell and confirm unto the said T. N. his Heirs and Assigns, the Reversion and Reversions, Remainder and Remainders of all and singular the said moity, part and parts, purpart and purparts and premisses, and all rents and yearly profits, reservations and services reserved or payable by or upon any Demise, Lease or Grant, Demises, Leases or Grants had, made or granted or mention­ed to be made or granted of the said moity, part and parts, purpart and purparts and premisses,Of the E­state. or of any part thereof, And also all and every the estate and estates, right, title, interest, use, possession, property, benefit, trust, claim and demand whatsoever of them the said C. J. and A. his Wife or of either of them of and to the said moity, part and parts, purpart and purparts and premisses,Of the Deeds. or any part thereof; And all and every the Deeds, Charters, Writings and Evidences, counter-parts of Leases, Escripts and Miniments whatsoever touching or in any wise con­cerning the Premisses or any part thereof,Habend. To have and to hold the said moity, part and parts, purpart and purparts, and all and singular other the Premisses hereby granted or mentioned to be granted, with their and every of their appurtenances unto the said T. N. his Heirs and As­signs for ever, to the only use and behoof of the said T. N. his Heirs and Assigns for ever.

Covenant that the Mortgager shall ac­knowledge a Fine. And the said C. J. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them doth covenant and grant to and with the said T. N. his Heirs and Assigns by these Presents, That he the said C. J. and the said A. his Wife shall and will, before the end of M. Term next ensuing the date hereof at the proper costs and charges in the Law of the said C. J. levy and acknowledge in due form of Law one Fine Sur Conusans de Droit come ceo, &c. with Proclamations according to the Statute in that Case made and provide, unto the said T. N. and his Heirs, of one third part of the said Manors of F. and M. with th' appurtenan­ces, and of one third part of all other the Lands and Hereditaments in F. and M. in the said County of S. which were heretofore the Inheri­tance of the said J. B. And of one fourth part of one other third part of all the said Manors and Lands with th' appurtenances, by such apt and convenient name and names, and in such sort, manner and form, with Warranty against all men or otherwise, as by the said T. N. his Heirs or Assigns, or by his or their Counsel learned in the Law shall be de­vised or advised.

Agreed that the Fine shall be to the use of the Mortgagee. And it is hereby declared and agreed by and between all the said Parties to these Presents for them and their Heirs, That the said Fine and the execution thereof shall be and enure, and shall be construed, adjudged, deemed and taken to be and enure for and concerning all and singular the said parts, purparts and premisses therein to be com­prised, To the only use and behoof of the said T. N. his Heirs and Assigns for ever.

Pr [...]viso, if the Mortgager pay the money lent at days cer­tain, then this Indenture to cease, and the Fine to be to the use of the Mortgager. Provided alwaies, That if the said C. J. and A. his Wife, or either of them their or either of their Heirs, Executors, Administrators or Assigns or any of them shall and do well and truly pay or cause to be paid unto the said. T. N. his Executors, Administrators or Assigns, the full sum of 1680 li. of lawfull, &c. in Gold or Silver in manner and form following, That is to say, Forty and five pounds, part [Page 101] thereof upon the last day of F. next ensuing the date hereof, and 45 l. other part thereof upon the 30th. day of A. which shall happen and be in the year of our Lord God, &c. and 45 li. other part thereof upon the last day of F. then next following, and 1545 li. residue of the said sum of 1680 li. upon the 30th. day of A. which shall happen and be in the year of our Lord God, &c. All the said payments, to be made at or in the, &c. Payments to be made without de­falkation for Taxes. with­out any defalkation, deduction or abatement to be made of any thing for or in respect of any Taxes, Charges, Assessments, Contributions or other matter or thing whatsoever ordinary or extraordinary to be laid, asses­sed, taxed or imposed by authority of Parliament, or by any other Authority or Power whatsoever either Civil or Military upon the said moity, parts and premisses hereby granted or mentioned to be granted, or any part thereof, or upon any the Owners, Tenants or Occupiers of any the said Manors, Lands and Premisses herein before mentioned, or upon any the said sum or sums of money hereby appointed to be paid, or upon the said T. N. his Heirs, Executors, Administrators or Assigns for or in respect of the said Money, Lands or Premisses or any of them, That then and from thenceforth this present Indenture and all the E­state hereby granted and conveyed, shall cease, determine and be void, and that then also, the said Fine herein before covenanted to be levied, and th' execution thereof shall enure and be, and shall be construed, adjudged, deemed and taken to be and enure, To the use and behoof of the said C. J. and A. his Wife, and their Heirs, and to none other use, intent or purpose, any thing herein contained to the contrary notwithstanding.

And the said C. J. for himself, his Heirs, Executors,Mortgager covenants to pay the mo­ney at the days appoin­ted. Administrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said T. N. his Executors, Administrators and Assigns by these Pre­sents, That he the said C. J. his Heirs, Executors, Administrators or As­signs, or some or one of them shall and will well and truly pay or cause to be paid unto the said T. N. his Executors, Administrators or Assigns, the said sum of 1680 li. and every part and parcel thereof at the days and place herein before appointed for payment thereof, and in manner and form aforesaid, and without any defalkation, deduction or abatement to be made as aforesaid.

And the said. T. N. for himself, his Heirs and Assigns, doth covenant,Mortgagee covenants, that until default of payment the Mortgager shall quietly enjoy the Premisses, and receive the Rents. promise and agree to and with the said C. J. and A. his Wife, and either of them their and ei­ther of their Heirs and Assigns by these Presents, That untill some default shall be made of or in payment of the said monies herein before covenanted to be paid, or of some part thereof He the said T. N. his Heirs and Assigns shall and will permit and suffer the said C. J. and A. his Wife, their Heirs and Assigns peaceably and quietly to hold and enjoy all and singular the said moity, parts, purparts and premisses hereby conveyed or mentioned to be conveyed, and to receive, take and enjoy to their own use the rents and profits thereof without the lett or interruption of the said T. N. his Heirs or Assigns, and without any accompt to be given to the said T. N. his Heirs or Assigns for the same.

And the said C. J. for himself, his Heirs, Executors,Covenant by the Mortgager that he will pay all Taxes, &c. till the Mortgagee shall be in possession. Administrators and Assigns, and for every of them doth covenant, promise and grant to and with the said T. N. [Page 102] his Heirs, Executors, Administrators and Assigns by these Presents, That he the said C. J. and the said A. his Wife, and their Heirs, Executors or Administrators or some of them shall and will from time to time untill the said T. N. his Heirs or Assigns, shall be in actual possession of the Premis­ses for default of payment of the said monies or some part thereof, bear, pay and discharge all taxes, charges and payments whatsoever, ordinary or extraordinary, imposed or to be imposed upon, or for or in respect of the said moity, part or parts, Hereditaments and Premisses hereby granted or mentioned to be granted, or upon, or for, or in respect of the said 1680 li. or any part thereof, or by reason thereof, or of any part thereof; And thereof and therefrom and from all Distresses, Da­mages and Demands whatsoever that shall or may arise concerning the same, free, acquit and discharge or save harmless the said T. N. his Heirs, Executors, Administrators and Assigns and every of them.

And the said C. J. for himself, his Heirs, Executors, Administrators and Assigns,Mortgager covenants that he is the true Owner of the Pre­misses, seised in Fee, hath pow­er to grant. and for every of them doth covenant, promise and grant to and with the said T. N. his Heirs and Assigns by these Presents in manner and form following, that is to say, That they the said C. J. and A. his Wife or one of them at and immediately before the Sealing and Delivery of this present Indenture, is or are the sole, true and lawfull Owner and Proprietor of one full third part of the said Manors of F. and M. and of all other the said Lands in F. and M. aforesaid which were heretofore the Inheritance of the said J. B. and of one full fourth part of one other third part of the said Manors and Lands, And sole­ly, lawfully, rightfully and absolutely seised thereof and of every part and parcel thereof of a good, pure, absolute and indefeisible E­state of Inheritance in Fee-simple, and shall continue so seised thereof and of every part and parcel thereof untill a good and perfect estate in Fee-simple shall be thereof vested in the said T. N. and his Heirs ac­cording to the intent and true meaning of these Presents, And that they the said C. J. and A. his Wife now have, or one of them hath good right, lawfull and absolute power and authority in themselves or in one of them to grant, release, bargain, sell and convey the said third part and fourth part of one other third part of the said Manor and Lands unto the said T. N. his Heirs and Assigns for ever in manner and form aforesaid;And in case any default be made, then the Mortga­gee to enter, quietly enjoy, and receive the profits. And also, That in Case any default shall be made in the payment of the said sum of 1680 li. or any part thereof unto the said T. N. his Executors, Administrators and Assigns, at such times and in such sort, manner and form as the same is herein before cove­nanted and agreed to be paid, That then and from thenceforth al­ways after it shall and may be lawfull to and for the said T. N. his Heirs and Assigns, into and upon all and singular the said third part and fourth part of one other third part to enter, and the same from thenceforth quietly and peaceably to have, hold and enjoy, and the rents and pro­fits thereof to receive and take, without any lett, trouble, hindrance, interruption, eviction or ejection of or by the said C. J. and A. his Wife, their or either of their Heirs or Assigns, and without the law­full let, trouble, interruption, eviction or ejection of or by any other person or persons whomsoever,Exception. Other than of E. D. of, &c. and his Assigns, for and in respect onely of an Estate for 99 years of and in the [Page 103] said Premisses limitted unto him the said E. D. by an Indenture bearing date the day, &c. purporting the Declaration of the uses of a certain Fine therein covenanted to be levied.

And farther also, That the said third part and fourth part of ano­ther third part now are, and from and after any default made in pay­ment of the said monies or any part thereof herein before covenanted to be paid, shall remain, continue and be unto the said T. N. his Heirs and Assigns clear and free, and freely, and clearly, and absolutely acquit­ted, freed and discharged of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Joyntures, Dowers, Intails, E­states, Leases, Rights, Titles, Rents, Arrerages of Rents, Issues, Fines, Debts, Duties, Judgments, Statutes, Recognisances, Extents, Seisures, Sequestrations, Forfeitures, Charges and Incumbrances whatsoever (The said Estate for 99 years limitted unto the said E. D. as aforesaid onely excepted and fore-prized.)

And farther, the said C. J. for himself, his Heirs, Executors and Administrators, and for every of them doth covenant, promise and grant to and with the said T. N. his heirs and Assigns by these Presents,And farther, if default be made in payment, then the Mortgager upon request make farther assurance by Fine, Fe­offment, &c. That if any default shall happen to be made in the payment of any of the monies herein be­fore covenanted to be paid, That then and from thence­forth he the said C. J. and A. his Wife, and their and ei­ther of their Heirs and Assigns, and all and every other person and persons whomsoever, having or lawfully claiming, or which shall or may at any time or times hereafter have or lawfully claim any Estate, Right, Title or Interest of, in or to the Premisses hereby granted or mentioned to be granted, or of, in or to any part or parcel thereof by, from or under the said C. J. and A. his Wife, or either of them, or by, from or under the said J. B. late Father of the said A. shall and will from time to time and at all times after such default in payment at and upon the reasonable request and proper costs and charges in the Law of the said T. N. his Heirs and Assigns, do, make, levy ex­ecute, acknowledge and suffer all and every such farther and other reason­able act and acts, thing and things, assurances and conveyances in the Law whatsoever for the farther, better and more perfect assurance surety, sure-making, settling, establishing and confirming of the said third part and fourth part of a third part with th' appurtenances unto the said T. N. his Heirs and Assigns, be it by Fine or Fines, Feoffment or Feoffments, Deed or Deeds, Indented or Poll, Inrolled or not Inrol­led, common Recovery or Recoveries, with single, double or treble Voucher or Vouchers, Release or Confirmation, or by all and every or any of the said ways or means, or by any other ways or means in the Law whatsoever, as by the said T. N. his Heirs or Assigns, or his or their Council learned in the Law shall be reasonably devised, advised or required.

And lastly, The said C. J. for himself, his Heirs, Ex­ecutors, Administrators and Assigns, doth covenant,Mortgager covenants that the Land to be comprised in the Fine, doth make up a full moity of the Premisses con­veyed. pro­mise and grant to and with the said T. N. his Heirs and Assigns by these Presents, That he the said C. J. and A. his Wife, or one of them now are lawfully seised in their Demesne as of Freehold for the term of the natural life of the said A. of one other fourth part of the said third [Page 104] part of the said Manor and Lands, which said fourth part of the said third part, together with the said one full third part and one fourth part of one other third part intended to be comprised in the said Fine before covenanted to be levied, doth in the whole make up a full moity or half part of the said Manors and Lands. In witness, &c.

Demise of a Manor for 1000 years.

THis Indenture made the, &c. between T. C. of, &c. H. H. and W. S. of S. aforesaid Gentlemen of th' one part, and R. H. of, &c. of th' other part, Witnesseth, That the said T.C. H. H. and W. S. for and in ConsiderationConsidera­tion. of the full sum of 6000 li. of lawfull, &c. to them in hand paid by the said R. H. at or before the Sealing and Deli­very of this present Indenture, the Receipt whereof they do hereby acknowledge, and thereof, &c. Have demised, granted, bargained and sold, and by, &c. do demise,Demise. &c. unto the said R. H. his Executors, Administrators and Assigns, all that the Manor of C. and all Lands, Te­nements and Hereditaments thereunto belonging, in the said County of S. with all and every the rights, members and appurtenances thereof, and all that the capital Messuage, Farm and Demesn-lands of C. other­wise, &c. aforesaid; And all Lands, Meadows, Pastures, Privileges, Advantanges, Liberties, Franchises, Hereditaments and Appurtenances whatsoever to the said Manor and Premisses belonging, or in any wise appertaining, or now or at any time heretofore accepted, reputed, ta­ken or known as part, parcel or member thereof or any part thereof, or otherwise held, used, occupied or enjoyed as part, parcel or mem­ber thereof or any part thereof; And also all the rents and yearly profits, reservations and services reserved, due or payable by or upon any De­mise, Lease or Grant, Demises, Leases or Grants had, made or granted, or mentioned to be granted of the said Premisses hereby granted or mentioned to be granted, or any of them or of any part or parcel of them, or any of them; Together also with the counterparts of all such Demises,Habend. Leases or Grants; To have and to hold the said Manor, ca­pital Messuage, Farm and Demesn-lands, and all and singular other the Hereditaments and Premisses whatsoever hereby demised or mention­ed to be demised, with their and every of their appurtenances unto the said R. H. his Executors, Administrators and Assigns from the making hereof, for and during the full term of 1000 years, fully to be compleat and ended without impeachment of or for any manner of waste,Reddend. Yield­ing and paying therefore yearly during the said term unto the said T. C. H. H. and W. S. their Heirs and Assigns one Pepper-corn at the Feast of, &c. only, if it shall be demanded.

And the said T. C. H. H. and W. S. and every of them jointly and severally for themselves,Covenant by the Lessors that they are the lawfull Owners, lawfully seised in Fee without any Condition, have power to demise, that the Lessee shall peaceably enjoy, and take the Rents without lett of the Les­sors, free from Incumbrances. their and every of their Heirs, Executors, Administrators and As­signs, and for every of them do covenant, promise, and grant to and with the said R. H. his Executors, Administrators and Assigns, and every of them by these Presents, in manner and form following, that is to say, That &c. (Prout in the Demise by R. S. &c. to W. A. &c.) Seisures,Vide antea. Sequestrations and causes of Sequestration, Decrees, Charges, Titles, Troubles and Incumbrances whatsoever; (All such Leases and Estates for one, two or three lives,Exception of such Leases heretofore made (and yet in being) of the Premisses usual­ly let to Tenants. or for years determinable upon one, two or three lives, or for any term of years not exceeding 21 years from the ma­king thereof as have been heretofore made, and are yet in being, of such part of the Premisses only as have been heretofore usually letten to Tenants and not occupied in Demesne, and by vir­tue of which Leases all the Premisses thereby demised or letten are now occupied in possession by the respective Lessees or their Assigns; And upon which Leases the ancient and accustomed rents or more are reserved, and shall from henceforth during the continuance of the said Leases respectively and of these Presents, become and continue due and payable to the said R. H. his Executors, Administrators and Assigns; And also one Proviso and Condition contained and expressed in an Inden­ture of Bargain and Sale, bearing date the, &c. made between C. R. of, &c. of th' one part, and the said T. C. H. H. and W. S. of th' other part, which Proviso or Condition is not hitherto broken, only except­ed and fore-prized. In witness, &c.

A Redemise of the said Manor for 999 years.

THis Indenture made, &c. between R. H. of, &c. of th' one part, and T. C. of S. &c. and H.H. and W. S. of, &c. Gent. of th' other part, Witnesseth, That the said R. H. for and in Considerati­on of the Covenants, Condition, Proviso and Agreements herein after contained and expressed, and for divers other 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 T. C. H. H. and W. S. their Executors, Administrators and Assigns, all that the Manor of C. &c.Examine this with the De­mise. The Parcels. All and singular which said Manor, ca­pital Messuage, Farm and Demesn-lands, Lands, Tenements, Heredi­taments and all and singular other the Premisses whatsoever hereby de­mised were by Indenture, bearing date the, &c. day of this instant — demised, granted, bargained and sold by the said T. C. H. H. and W. S. unto the said R. H. his Executors, Administrators and As­signs, from the making of the said Indenture for the full term of 1000 years, as by the said Indenture more plainly may appear.

Habend. To have and to hold the said Manor, capital Messuage, Farm and Demesn-lands, and all and singular, &c. (Prout in the Demise) from the day of the date of this present Indenture for and during the full term of 999 years from thenceforth next ensuing and fully to be com­plete and ended.

Covenant to pay the mo­ney at seve­ral payments without a batement for Taxes. And the said T. C. H H. and W. S. and every of them jointly and severally for themselves, their and every of their Heirs, Executors and Administrators, and for every of them do covenant, promise and grant to and with the said R. H. his Executors, Administrators and Assigns by these Presents, That they the said T. C. H. H. and W. S. or some or one of them, their or some or one of their Heirs, Executors, Ad­ministrators or Assigns, shall and will well and truly pay or cause to be paid unto the said R. H. his Executors, Administrators or Assigns, at or in the now dwelling-house of, &c. scituate, &c. the full sum of 6720 li. of lawfull, &c. in manner and form following, that is to say, 180 li. part thereof upon the—day of, &c. next ensuing the date of this present Indenture, and 180 li. other part thereof upon the—day of, &c. then next following, and 180 li. other part thereof upon the 25th. day of O. which shall happen and be in the year of our Lord God, &c. [...]nd the full sum of 6180 li. residue thereof upon the—of, &c. then next following without any abatement, deduction or defalkation of any thing to be made in any of the said payments, for or in respect of any Taxes, Charges, Assessments, Contributions or other matter or thing whatsoever ordinary or extraordinary.

Proviso, If the money be not paid at the days, then this In­denture to be void, and the Lessor to [...]e enter. Provided alwaies, and these Presents are upon this Condition ne­vertheless, That if the said T. C. H. H. and W. S. their Heirs, Execu­tors, Administrators and Assigns shall make any default in payment of the said sum of 6720 li. or of any part thereof at the days and place herein before appointed for payment thereof; That then and from thenceforth this present Indenture and the Demise and Grant hereby made and granted, shall cease, determine and become and be utterly void, frustrate and of none effect, and that then and from thenceforth [Page 107] it shall and may be lawfull to and for the said R. H. his Executors, Administrators and Assigns, into the said Manor, Lands, Tenements, Hereditaments and Premisses, and every part thereof to re-enter, and the same to have again, re-possess and enjoy as in his former estate, any thing herein contained to the contrary in anywise notwith­standing.

And it is hereby farther also covenanted, granted, concluded and agreed by and between the said Parties to these Presents, for them their Executors,Covenant if the Lessees shall pay the monies, then this Indenture and the Estate to cease, and the Lessor to deli­ver up his part of the Inden­ture. Admini­strators and Assigns, and the said R. H. for himself, his Executors, Administrators and Assigns, and for every of them doth covenant, promise and agree to and with the said T.C. H. H. and W. S. their Heirs and Assigns by these Presents, That if they the said T. C. H. H. and W. S. or any of them, their or any of their Heirs, Executors, Administrators or Assigns, or any of them do and shall well and truly pay or cause to be paid unto the said R. H. his Executors, Administrators or Assigns the said sum of 6720 li. at the respective days and place, and in such sort, manner and form as the same is herein before covenanted to be paid, That then and from thenceforth and immediately from and after the said l [...]st pay­ment made, the said other Indenture before mentioned, bearing date the said — day of this instant F. whereby the said Manor, Lands and Premisses were demised unto the said R. H. his Executors, Ad­ministrators and Assigns as aforesaid, and all the Estate and Term thereby granted shall cease, determine and become void, any thing therein contained to the contrary thereof in anywise notwithstand­ing; And that then also and in such Case upon the Delivering up unto the said R. H. his Executors or Administrators of that part of the said other Indenture and of these Presents which is under the Hand and Seal of the said R. H. He the said R. H. his Executors, Administrators or Assigns shall and will upon request deliver up unto the said T. C. H. H. and W. S. or some of them, their Heirs or Assigns that part of the said other Indenture and of these Pre­sents, which is under the Hand and Seal of them the said T. C. H. H. and W. S. [...]o be Cancelled and Destroyed.

And farther also the said R. H. for himself, his Heirs, Executors, Administrators and Assigns,Covenant by the Lessor, that if he enter for non-pay­ment, then he shall ratifie all Leases (made by the Lessees af­ter the date hereof) for lives or years. and for every of them dot [...] covenant, promise and grant to and with the said T. C. H. H. and W. S. their Heirs and Assigns by these Presents, That in case he the said R. H. his Executors, Administrators or Assigns shall hereafter enter into the said Manor, Lands, Tenements, Heredi­taments and Premisses for non-payment of the said money or of any part thereof before in these Presents covenanted to be paid, and shall quietly hold and enjoy the possession of the said Manor and Pre­misses; That then and in such Case he the said R. H. his Executors, Administrators and Assigns shall and will ratifie, confirm and hold good All such Leases as after the date of these Presents shall have been made by the said T. C. H H. and W. S. their Executors, Ad­ministrators or Assigns unto any person or persons for one, two or three life or lives in Possession, or for any term or terms of years determinable upon one, two or three life or lives in Possession, or [Page 108] for any one or two life or lives in any number of years determi­nable upon one or two life or lives in Reversion or Expectancy af­ter any Estate or Estates by Lease or Copy of Court-Roll for one life, or determinable upon one life then in being, or for one life or any number of years determinable upon one life in expectancy after any Estate or Estates by Lease or Copy of Court-Roll for two lives, or determinable upon two lives then in being of such part of the Pre­misses only as have been heretofore usually letten to Tenants and not occupied in Demesn, upon which Leases the ancient and accu­stomed yearly Rents or more shall be reserved, to be paid during all the continuance of such Leases respectively, and so as the same Rents respectively may be truly paid unto the said R. H. his Executors, Ad­ministrators and Assigns, the breach of the Condition herein contained notwithstanding.

And the said T. C. H. H. and W. S. and every of them jointly and severally for themselves,Covenant by the Lessees, in case of Default they shall (upon request) make other assurance by Fine, Feoffment, or otherwise. their and every of their Heirs, Executors, Administrators and Assigns, and for every of them do covenant, promise and grant to and with the said R. H. his Executors, Administrators and Assigns by these Presents, That in case any default shall be made in payment of the said sum of 6720 li. or any part thereof at any of the days respectively appointed for payment thereof, That then and from thenceforth they the said T. C. H. H. and W. S. their Heirs and Assigns, and all and every other person and persons any Estate having or lawfully claiming of, in or to the said Manor, Lands and Premisses or any part thereof (other than and except such Persons and Lessees whose Estates and Interests are excepted in a certain Covenant touching Incumbrances contained in the said Indenture of the said — day of this instant F. for and in respect only of the same Estates and Interests so excepted, and other than such Persons and Lessees to whom such Leases shall be made as are herein before Covenanted to be ratified and confirmed by the said R. H. his Executors, Administrators and Assigns in case of breach of the Condition herein contained as aforesaid) shall and will from time to time, and at all times after such default made in payment as aforesaid, at and upon the reasonable request and proper costs and charges in the Law of the said R. H. his Executors, Administrators and Assigns or any of them, doe, make, levy, execute, acknowledge and suffer, and cause to be done, made, levied, acknowleged and suffered all and every such farther and other reasonable act and acts, thing and things, devise and devises, assurance and assurances, con­veyances in the Law whatsoever, for the farther, better and more per­fect assurance, surety, sure-making, settling, establishing and confir­mation of the said Manor, Messuages, Lands, Tenements, Heredita­ments and Premisses hereby demised or mentioned to be demised, and every or any part and parcell thereof, and the Reversion and In­heritance thereof and of every part and parcel thereof with the ap­purtenances unto the said R. H. his Heirs and Assigns, or to the said R. H. his Executors, Administrators and Assigns, or to such other per­son or persons and their Heirs as the said R. H. his Executors, Ad­ministrators or Assigns shall nominate and appoint, be it by Fine or Fines, Feoffment or Feoffments, Deed or Deeds Indented or Poll, In­rolled [Page 109] or not Inrolled, common Recovery or Recoveries, with dou­ble, single or treble Voucher or Vouchers, Release or Confirmation, or by all and every or any of the said ways and means, or by any other ways and means in the Law whatsoever, as by the said R. H. his Heirs, Executors, Administrators or Assigns, or his or their Coun­cil learned in the Law shall be reasonably devised, advised or required.

And lastly, the said R. H. for himself, his Heirs, Executors, Administrators and Assigns, doth covenant,The Lessees paying and per­forming the Rents, Covenants, &c. shall enjoy the Premisses without lett, and free from In­cumbrances done by the Lessor. promise and grant to and with the said T. C. H. H. and W. S. their Executors, Administrators and Assigns by these Presents, That they the said T. C. H. H. and W. S. their Executors, Administrators and Assigns true­ly paying and performing all the Payments, Covenants, Grants and Agreements herein contained on their part to be paid and perform­ed, shall quietly and peaceably hold, occupy and enjoy all and sin­gular the said Manor, Lands, Tenements, Hereditaments and Pre­misses with the Appurtenances hereby demised or mentioned to be demised without the lett, trouble or interruption of him the said R. H. hi [...] Executors, Administrators or Assigns, and free and clear from all incumbrances whatsoever had, made or done by him the said R. H. In witness, &c.

A Lease for 6 Months to enable the Lessors to graet Release and convey upon a Marriage.

THis Indenture made, &c. between the Right honourable A. Lord Viscount C. of, &c. and S. S. Brother and Heir of H. le S. late of B. &c. deceased of the one part, and Sir J. C. of, &c. Trustees. and G. R. of B. &c. and M. H. of, &c. of A. of th' other part, Wit­nesseth, That the said A. Lord Viscount C. and the said S. le S. at the request and by the appointment of the A. Lord Viscount C. testi­fied by his being party to these Presents, for and in Consideration of the sum of 5 s. of, &c. to them the said A. Lord Viscount C. and S. le S. in hand paid by the said Sir J. C. G. R. and M. H. The receipt whereof the said A. Lord Viscount C. and S. le S. do hereby acknow­legde, and thereof and of every part and parcell thereof, doth clear­ly acquit and discharge the said Sir J. C. G. R. and M. H. their Exe­cutors and Administrators by these Presents, Have bargained and sold, and by these Presents do bargain and sell unto the said Sir J. C. G. R. and M. H. All that the Town and Town-land of B. with all and singular the rights,The Particu­lars. members and appurtenances thereof in the Coun­ty of D. And all the Manors, Lands, Tenements and Hereditaments whatsoever, called or known by the name of the Town or Town-land of B. And all other the Manors, Lands, Tenements and Heredi­taments whatsoever of him the said A. Lord Viscount C. scituate, ly­ing and being, arising, growing or renewing, or to be had, enjoy­ed, perceived or taken within the Parish-town, Territory, Limits or Precincts of B. aforesaid, with their and every of their rights, mem­bers [Page 110] and appurtenances, And the Reversion and Reversions, Remain­der and Remainders of all and singular the Premisses and of every part and parcel thereof; And the Rents, Services and Profits there­unto incident and belonging,Habend. To have and to hold the said Town and Town-land of B. and all and singular other the Premisses with their and every of their appurtenances unto the said Sir J. C. G. R. and M. H. their Executors, Administrators and Assigns from the—day of, &c. now last past before the date hereof, for and during the full term of six Months from thenceforth next ensuing and fully to be complete and ended; To the intent and purpose the better to enable the said A. Lord Viscount C. and S. le S. to grant,The intent to grant, re­lease and convey. release and convey the said Town and Town-land and all and singular other the Premisses unto the said Sir J. C. G. R. and M. H. and their Heirs, to such uses and be­hoofs, and in such sort, manner and form as (by one Indenture in­tended to bear date the — day of, &c. and intended to be made be­tween the said A. Lord Viscount C. the said S. le S. and G. S. Widow, late the Wife and Executrix of the last Will and Testament of the said H. le S. of the one part and Sir J. C. G. R. and M. H. of the other part,) the same shall be granted, released and conveyed. In wit­ness, &c.

A Release and Settlement upon a Marriage.

THis Indenture made, &c. between the Right Honourable A. Lord Viscount C. of,In Trust for the Viscount. Sir John and the rest in Trust for the Viscountess. &c. S. le S. late of B. &c. and G. le S. Wi­dow, late the Wife and Executrix, &c. of th' one part, and Sir J. C. of A. in, &c. of th' other part, Whereas by one Indenture bearing date, &c. made or mentioned to be made between A. H. of, &c. of th' one part, and H. Ʋ. of, &c. the said H. S. and J. W. of, &c. of the other part, Reciting as is therein recited, the said A. H. (for the Con­siderations therein mentioned) did give, grant, bargain, sell, enfeoff and confirm unto the said H. Ʋ. H. le S. and J. W. All that the Town and Town-land of B. in,The Particu­lars. Freehold. Lease-hold. &c. And all that the Tough or Territory of T. and M. And the fishing of the River of the L. And all other Lands, Tenements and Hereditaments demised and granted by A. Lord C. deceased (by the name of Sir A. C. Knight) unto Sir M. H. Knight deceased, late Father of the said A. H. (by the name of M. H. Esq;) by Indenture bearing date,Habend. &c. To have and to hold the said Town and Lands of B. alias B. with all and singular the appurtenances to the said H. Ʋ. H. le S. and J. W. their Heirs and Assigns for ever.Freehold. To the use of the said H. Ʋ. H. le S. and J. W. their Heirs and Assigns; But yet in Confidence and Trust,The [...]rust. and to and for the benefit of E. Lord Viscount C. since deceased,Habend. his Heirs and Assigns, And to have and to hold the said Tough or Territory of T. M. in the said County of A. and the fishing of the River of L. and all the said other Lands,Lease-hold. Tenements and Hereditaments demised and granted by the said A. Lord [Page 111] C. deceased, to the said Sir M. H. by Indenture bearing date, &c. To­gether with their and every of their rights, members and appurtenances to the said H. Ʋ. H. le S. and J. W. their Executors, Administrators and Assigns for and during all the residue of the said term in the said Inden­ture of Lease mentioned then to come and unexpired; To the only use of the said E. Lord Viscount C. his Heirs, Executors, Administrators and Assigns, As in and by the said Indenture, bearing date, &c. (re­lation, &c.) amongst other things therein contained more plainly, and at large it doth and may appear.

And whereas the said H. le S. did survive the said H. Ʋ. and J. W. and is since deceased, whereby the Estate of Inheritance of and in the said Town and Lands of B. alias B. is vested in the said S. le S. and his Heirs in Trust nevertheless for the said A. Lord Viscount C. and his Heirs who is Son and Heir and Administrator of the Goods and Chattels of the said E. Lord Viscount C. And the interest of and in the said demi­sed Premisses is also vested in the said G. le S. as Executrix to the said H. le S. in Trust also for the said A. Lord Viscount C.

Now this Indenture witnesseth, That the said A. Lord Viscount C. and the said S. le S. at the request and by the appointment of the said A. Lord Viscount C. testified by his being party to these Presents, Have granted, released, aliened, enfeoffed and confirmed,The grant of the Free­hold. Vide the Lease. Examine this there­with. And by these Presents do grant, release, alien, enfeoff and confirm unto the said Sir J. C. G. R. and M. H. All that the said Town and Town-land of B. alias B. with all and singular the rights, &c. Prout in the Lease for six Months next precedent to the Habend.

Of all which Premisses the said Sir J. C. G. R. and M. H. are now in full and peaceable possession by virtue of a Bargain and Sale thereof to them made for the term of six Months from the—day of, &c. now last past before the date hereof by the said A. Lord Viscount C. and S. le S. by Indenture, bearing date, &c. As by the said Indenture may appear.

And the said A. Lord Viscount C. and S. le S. Do farther by these Presents (for the Consideration aforesaid) grant, remise,The Estate, &c. release and confirm unto the said Sir J. C. G. R. and M. H. and their Heirs, All and every the Estate and Estates, Right, Title, Interest, Use, Possessi­on, Reversion, Property, Benefit, Trust, Claim and Demand whatso­ever of him the said A. Lord Viscount C. and S. le S. of, in and to the said Town and Town-land, and all and singular other the Premisses hereby granted or mentioned to be granted, with their and every of their appurtenances, and of, in and to every or any part or parcell thereof,Habend. To have and to hold the said Town and Town-land of B. alias B, and all and singular other the Premisses with their and every of their appurtenances unto the said Sir J. C. G. R. and M. H. their Heirs and Assigns for ever, To the use and behoof of the said A. Lord Vis­count C. for and during the term of his natural life, without impeach­ment of or for any manner of waste, And from and immediately after his decease,The Uses. To the use and behoof of the Lady L. Viscountess C. now Wife of the said Viscount, for and during the term of her natural life, And after the decease of the longer liver of them the said Lord Vis­count C. and Viscountess his Wife, To the use and behoof of the right Heirs of the said A. Lord Viscount C. for ever.

And this Indentue farther witnesseth, That the said G. le S. at the request and by the appointment of the said A. Lord Viscount C. te­stified [Page 112] by his being party to these Presents,Grant of the Lease hold. Hath granted, assigned and set over, And by these Presents doth grant, assign and set over unto the said Sir J.C. G. R. and M. H. their Executors, Administrators and Assigns, All that the said Tough or Territory of T. and M. in the said County of A. And all that the said fishing of the River of the L. and all the said other Lands, Tenements and Hereditaments demised and granted by the said A. Lord C. deceased, to the said Sir M. H. by the said Indenture,The Estate, &c. bearing date, &c. And also all and every the Estate and Estates, Right, Title, Interest, Use, Possession, Property, Benefit, Trust, Claim and Demand whatsoever of her the said G. S. of, in and to the same Premisses and every or any part or parcel thereof,Habend. To have and to hold the said Tough or Territory of T. and M. and the said fishing of the River of the L. and all the said other Lands, Te­nements and Hereditaments demised and granted by the said A. Lord C. deceased, to the said Sir M. H. as aforesaid, unto the said Sir J.C. G.R. and M. H. their Executors, Administrators and Assigns, for and during all the rest and residue of the said term in the said Indenture of Lease mentioned yet to come and unexpired;The Trust. Upon special Trust never­theless, and to the intent and purpose, That they the said Sir J. C. G. R. and M. H. their Executors, Administrators and Assigns, shall im­ploy and dispose of the Rents, Issues and Profits of all and singular the said Premisses to and for the use and benefit of the said A. Lord Vis­count C. for and during the term of his natural life, And from and immediately after his decease, shall imploy and dispose of the Rents, Issues and Profits of all and singular the same Premisses to and for the use and benefit of the said Lady L. Viscountess C. for and during all the term of her natural life, And from and immediately after the de­cease of the longer liver of them the said Viscount and Viscountess shall imploy and dispose of the Rents, Issues and Profits of all and singular the said Premisses during the rest of the said term, to and for the use and benefit of the Heirs and Assigns of the said Lord Viscount.

And Nevertheless it is hereby farther covenanted, concluded, de­clared and fully agreed by and between all the said Parties to these Presents,Agreed that the Viscountess her Trustees shall make Leases during the Viscount's life of the assigned Lands. That the said Sir J. C. G. R. and M. H. their Executors, and Administrators shall from time to time, and at all times during the natural life of the said A. Lord Viscount C. make and execute All such Leases and Estates for any part of the said term hereby as­signed of all or any part of the said demised Premisses to such person and persons and in such sort, manner and form as the said A. Lord Vis­count C. shall from time to time direct and appoint, So as there shall be reserved upon every such Lease to be yearly paid during the continu­ance thereof the greatest and best yearly Rent or Rents that can be gotten for the same Premisses so to be letten.

Provided also. And it is farther covenanted, conclu­ded,Proviso, If the Lady claim Dower in any Lands whereof her Husband is seised, then all the trust hereby to be void. declared and fully agreed by and between all the said Parties to these Presents, That if the said Lady L. Vis­countess C. shall at any time hereafter claim or chal­lenge any Dower of, in or to any the Manors, Lands, Tenements or Hereditaments whatsoever in Ireland, whereof or wherein the said A. Lord Viscount C. is or shall be seised, That then all the Trust hereby declared for the benefit of her the [Page 113] said Lady L. Viscountess C. of and in the said demised and assigned Pre­misses, shall cease and be void;And the Use also to cease. And that then also the Use herein before limitted to the said Lady L. for her Life of and in the said Town and Lands of B. and other the said Premisses to her so limitted shall cease and be void; Any thing herein before contained to the con­trary notwithstanding.

And the said S. le S. for himself, his Heirs, Executors,The Vis­count's Tru­stees cove­nant, that the Ladie's Trustees shal quietly en­joy the Pre­misses, And free from In­cumbrances. Admini­strators and Assigns; And the said G. le S. for herself, her Heirs, Ex­ecutors, Administrators and Assigns; do severally, and not jointly, nor one for the other, or for the Acts of th' other, or of the Heirs, Executors or Administrators of the other, covenant and grant to and with the said Sir J. C. G. R. and M. H. their Heirs, Executors, Ad­ministrators and Assigns, by these Presents; That they, the said Sir J. C. G. R. and M. H. their Heirs, Executors, Administrators and As­signs, shall or lawfully may from time to time and at all times here­after, freely, quietly and peaceably have, hold and enjoy all and sin­gular the Premisses hereby granted or mentioned to be granted, with­out any Lett, Suit, Molestation, Eviction or Ejection of or by them the said. S. le S. and G. le S. or either of them, their or either of their Heirs, Executors, Administrators or Assigns; And free and clear, or otherwise upon reasonable request to them in that behalf made, well and sufficiently recompensed, saved and kept harmless of and from all and all manner of former and other Gifts, Grants, Bargains, Sales, Assignments, Leases, Charges and Incumbrances whatsoever, had, made, committed, done, knowledged or suffered, or to be had, made, committed, done, knowledged or suffered by them the said S. le S. and G. le S. or either of them, or by any other person or per­sons by or with their or either of their means, consent, act, privity, knowledge or procurement.Viscount co­venants, that he and his Trustees have power to grant.

And the said A. Lord Viscount C. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth covenant and grant to and with the said Sir J. C. G. R. and M. H. their Heirs, Exe­cutors, Administrators and Assigns, by these Presents, That they, the said A. Lord Viscount C. the said S. le S. and G. le S. or some or one of them have good right, full power and lawfull authority to grant, bar­gain, sell and convey all and singular the Premisses hereby granted or mentioned to be granted, in manner and form as the same are herein before granted or mentioned to be granted respectively. In wit­ness, &c.

Assignment of two Manors, for Payment of a Debt by Trustees.

THis Indenture made, &c. between Sir E.C. of, &c. H.C. of, &c. Esquire, and R. C. of, &c. Esquire, of th' one part; and Sir T. C. of S. in Com. N. Knight and Baronet,Principal Deed reci­ted. of the other part; Whereas by one Indenture bearing date the, &c. Anno, &c. made or mentioned to be made between the Right Honourable A. Lord C. since deceased, of the one part, and Sir W. W. of, &c. the said Sir E. C. H.C. and R. C. and T. H. Servant of the said A. Lord C. of th' other part; He, the said A. Lord C. (for the Considerations therein mentioned) did bargain, sell, grantGrant. and confirm unto the said Sir W. W. Sir E. C. H. C. R. C. and T. H. their Executors, Administrators and Assigns, (amongst other things) All those his Manors of O. and W. cum membris, Particulars. with their and every of their appurtenances in Comitat. S. And all and singular Messuages,Habend. Tofts, &c. To have and to hold all and singular the said Manors, Messuages, Lands, &c. and all other the Premisses with their and every of their appurtenances, and every part and parcell thereof (amongst other things) unto the said Sir W. W. Sir E. C. &c. their Exe­cutors, Administrators and Assigns, immediately from and after the death and decease of the said A. Lord C. for and during and unto the full end and term of 99 years from thence next ensuing, and fully to be complete and ended.

Nevertheless, upon TrustUpon Trust. and Confidence, and to th' end, intent and purpose that they the said Sir W. W. Sir E. C. &c. and the Survivors and Survivor of them, and th' Executors and Administrators of the Survivor of them, should and might have, receive and take the Rents Issues and Profits of all and singular the said Manors, Messuages, Lands, Tenements, Hereditaments and Premisses; And imploy and dispose of the Rents, Issues and Profits of them and every of them, (amongst other things,) First, to and for the payment and satisfaction of all such Debts and Sums of Money as the said A. Lord C. at the time of his de­cease should owe unto any person or persons whomsoever for his own proper Debts, and not as Surety for any other person or persons; And for the freeing and discharging of all and every such person and per­sons as should any waies stand bound or ingaged to or for him the said A. Lord C. for such his proper Debt or Debts; As in and by the said Indenture (relation, &c.) appear.

Two of the Trustees dead. And whereas the said Sir W. W. and T. H. are since deceased.

And whereas also the said A. Lord C. did owe and stand indebted at the time of his decease unto the said Sir T. C. the Sum of 5000 li. principal Money,The Debt. besides Interest, for the proper Debt of the said Lord C. Which 5000 li. the said Sir T. C. upon the Security of his own Estate and Credit, at the earnest request of the said A. Lord C. did borrow and take up, and did pay the said Moneys so borrowed to the said A. Lord C.

Now this Indenture witnesseth, That, for the better satisfacti­on and payment of the said Sum of 5000 li. with the Interest for four years last past amounting to the Sum of 1500 li. unto the said Sir T. C. [Page 115] his Executors or Administrators; And for the freeing and discharging the said Sir T. C. and his Estate of and from the Mortgage and Securi­ty so by him made and given for the said 5000 li. by him so borrow­ed and taken up as aforesaid; And also in Consideration of the Sum of five shillings of lawfull, &c. to the said Sir E. C. H.C. and R. C. in hand paid by the said Sir T. C. at or before the Sealing and Delive­ry thereof, the Receipt whereof they do hereby acknowledge; They, the said Sir E. C. H. C. and R. C. have granted, bargained, sold, as­signed and set over; And; by these Presents, do, &c. The Assign­ment. unto the said Sir T. C. his Executors, Administrators and Assigns, All those the said Manors of O. and W. cum membris, with their rights, &c. The Parti­culars. And all o­ther the said Messuages, Lands, Tenements, Liberties, Privileges, Franchises and Hereditaments to the said Manors belonging or in any wise appertaining, or demised, letten, used, occupied, enjoyed, accep­ted, reputed, taken or known as part, parcell or member of them or either of them: (One Tenement called, &c. Exception. and the Lands thereto belon­ging, part of the Manor of O. aforesaid, lately sold unto T. S. And one Tenement and 22 Acres of Land, late in the tenure or occupation of A. B. and part of the said Manor of O. lately sold unto W. R. out of these Presents onely excepted and foreprised.)

And the said Sir E.C. H. C. and R.C. do farther (for the Conside­ration aforesaid) grant, bargain, sell,Assignment of the Re­version, &c. assign and set over unto the said Sir T. C. his Executors, Administrators and Assigns, the Reversion and Reversions, Remainder and Remainders of the said Manors and Pre­misses, and all Rents, Reservations and Services thereunto incident and belonging; And all the Estate, Right, Title, Interest, Property, Claim and Demand whatsoever of them the said Sir E. C. H. C. and R. C. of, in and to the said Manors and Premisses, and every of them, (except before excepted:) To have and to hold the said Manors,Habend. Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby granted or mentioned to be granted, with their and every of their appurtenances, unto the said Sir T. C. his Exe­cutors, Administrators and Assigns, for and during all the rest and re­sidue of the said Term of 99 years yet to come and unexpired.

Provided alwaies, and upon this Condition nevertheless;Proviso, if the Money and Interest be paid at the day ap­pointed, then this Inden­ture to cease That if the said Sir E. C. H. C. and R. C. or any of them, their or any of their Heirs, Executors, Administrators or Assigns, shall before the, &c. day of M. which shall be in, &c. well and truly pay or cause to be paid unto the said Sir T. C. his Executors, Administra [...]ors or Assigns, the said Sum of 1500 li. and the said Sum of 5000 li. That then this present Indenture, and all the Term and Estate hereby granted and assigned shall cease, determine, and become and be void, frustrate and of none effect to all intents and purposes.

But if the said 1500 li. and the said Sum of 5000 li. shall not be paid before the said,If not, then the Grantee shall sell the Premisses to pay him his Debt and Interest. &c. day of M. which shall be in the said year of, &c. That then and from thenceforth it shall and may be lawfull to and for the said Sir T. C. his Executors, Administrators and Assigns, absolutely to sell and convey away all and singular the said Manors, Messuages, Lands and Premisses, and all and every the Term and E­state of and in the same hereby granted and assigned unto him for the purpose aforesaid.

Trustees co­venant, that they have not done a­ny thing to incumber the Estate. And the said Sir E. C. for himself, his Executors and Administra­tors; and the said H. C. for himself, &c. and the said R. C. for him­self, &c. severally, and not jointly, nor one for the other, or for the Acts of the other, do covenant and grant to and with the said Sir T. C. his Executors and Assigns, by these Presents, That they, the said Sir E. C. H. C. and R. C. have not done, or willingly and wit­tingly suffered any act or thing, whereby the Premisses or any part thereof, for and during the said residue of the said Term of 99 years hereby granted and assigned, or intended to be granted or assigned, are or may be impeached or incumbred in Title, Charge, Estate, or otherwise.

The Profits of the Pre­misses to be received be­fore the day of payment shall be to pay the In­terest hence­forth to grow due. And it is hereby declared and agreed by and between all the said Parties to these Presents, That all the Profits of the said Manors and Premisses to be received before the said, &c. day of M. which shall be in the said year, &c. shall be applied for and towards Payment of the Interest henceforth to grow due for the said 5000 li. after the usual Rate.

If any over­plus be re­ceived for that pur­pose, then to be discompted, and allowed for the Interest already due. And if any more Rents or Profits shall be there-out received than shall be sufficient for that purpose, that the same shall be discompted and allowed in part of the said 1500 li. already due.

If the Pro­fits be not sufficient to pay such in­terest, by the time fix­ed, then there shall be paid to the Grantee (in case the Premisses shall be redeemed at the time appointed) so much as shall satisfie the Interest for the Principal. And if the said Rents and Profits, so to be received, shall not be sufficient for payment of such Interest as aforesaid, That then there shall be paid to the said Sir T.C. his Executors or Assigns, in case the same Premisses shall be redeemed by the said Sir E.C. H.C. and R. C. their Executors or Administrators, or some of them, at the same time of re­demption thereof, so much more as, together with the said Rents and Profits so to be received, shall be sufficient to satisfie the said Interest for the said 5000 li. In witness, &c.

Covenant to surrender Copyholds.

AND the said F. C. for himself, his Heirs, &c. doth covenant, &c. to and with the said W. B. his Heirs and Assigns, by these Presents, That he, the said F.C. now, at the time of the Sealing and Delivery of this, &c. is solely, lawfully and rightfully seised of and in all and sin­gular the said Copyhold-lands and Premisses herein before mentioned to be granted, with their, &c. appurtenances, of a good Estate in Fee-simple, according to the custom of the several Manors of which the same Premisses are respectively holden.

And that he, the said F. C. or his Heirs shall and will, at the several Courts Baron to be next held for the several Manors of which the same Premisses are respectively holden, upon the request of the said W. B. his Heirs or Assigns, surrender into the hands of the Lords of the said se­veral Manors, to the Stewards thereof respectively, or otherwise, ac­cording to the custom of the said several Manors, To the use of the said W. B. his Heirs and Assigns, All and singular the said Copyhold-lands and Premisses herein before mentioned to be granted, which he the said F.C. doth hold of the said several Manors by Copy of Court-roll, according to the respective customs of the said several Manors.

And that he, the said F. C. and his Heirs, shall and will from time to time, and at all times hereafter, within the space of seven years next ensuing the date hereof, at and upon the reasonable request and proper costs and charges in the Law of the said W. B. his Heirs or Assigns, make and doe all and every such farther and other lawfull and reasonable acts and things for the farther, better and more perfect assuring and conveying of the said Copyhold-lands and Premisses to the use of the said W. B. his Heirs or Assigns, or by his or their Council Learned in the Law shall be reasonably devised, advised and required.

And that at the time of such Surrender or Surrenders or other Assu­rance or Assurances to be made of the same Copyhold-lands and Premis­ses, all and singular the said Copyhold-lands and Premisses so to be sur­rendred or otherwise conveyed as aforesaid, shall be free and clear, and freely, clearly and absolutely acquitted, freed and discharged of and from all former Surrenders, Forfeitures and other Incumbrances what­soever had, made, done, or willingly and wittingly suffered by him the said F. C. or by any other person or persons whatsoever lawfully claiming by, from or under him. In witness, &c.

A Demise, in Trust for the Wife, upon a Pro­mise of the Husband before Marriage: the Husband not to meddle therewith.

THis Indenture made, &c. between Sir C. W. of, &c. and the Right Honourable A. Countess of M. late the Wife of J. Earl of M. deceased; and now the Wife of the said Sir C. W. of th' one part; and the Right Honourable W. Earl of, &c. B. Viscount C. W. Lord M. of th' other part; Witnesseth, That the said Sir C. W. and A. Coun­tess of M. his Wife, for and in consideration of the Sum of Five shil­lings of, &c. to them in hand paid by the said W. Earl of B. B. Vis­count C. W. Lord M. at or before the Sealing and Delivery hereof; The Receipt whereof they do hereby acknowledge; And in perfor­mance of a Promise and Agreement made before the Intermarriage of the said Sir C. W. and the said A. Countess of M. And for divers other good Causes and reasonable Considerations them moving; Have bargai­ned, sold, demised and granted; And, by these Presents, do bargain, sell, demise and grant unto the said W. Earl of B. B. Viscount C. W. Lord M. All that the Manor of S. with the Rights, Members and Ap­purtenances thereof, in the County of G. And also all that the Manor of G. with the Rights, Members and Appurtenances thereof, in the County of W. To have and to hold the said Manors of S. and G. with their respective Rights, Members and Appurtenances, unto the said W. Earl of B. B. Viscount C. W. Lord M. their Executors, Administra­tors and Assigns, for and during the full Term of 60 years from hence­forth next ensuing fully, &c. If the said Sir C. W. and A. Countess of M. shall both of them jointly so long live.

Upon such TrustThe Trust. and Confidence nevertheless, as is herein after men­tioned, that is to say, That they, the said W. Earl of B. &c. their Executors, Administrators and Assigns, shall from time to time during the said Term imploy and dispose of all the Rents, Issues and Profits of all and singular the Premisses hereby demised, to and for the sole, proper, peculiar and separate Use, Benefit and Maintenance of the said A. Countess of M. alone, and not for the Use or Benefit of the said Sir C. W. nor as he shall direct; But shall from time to time and at all times, during the said Term, pay, imploy and dispose of all the Mo­neys to be had, levied or raised out of the said Premisses (other than such Moneys as shall be from time to time expended in manageing the Premisses and performing the Trust hereby reposed, which it shall and may be lawfull for them from time to time to deduct) into the proper hands of the said A. Countess of M. or into the hands of such person or persons as she shall from time to time, alone, without the said Sir C. W. by any Writing or Writings by her signed with her own hand, appoint the same to be paid, and not otherwise.

Not to dis­pose of the moneys to the husband. And that they, the said W. Earl of B. &c. their Executors, Admi­nistrators or Assigns, or any of them, shall not dispose or pay any of the said Moneys to be had, levied or raised out of the Premisses or any part thereof, unto him the said Sir C. W. or by his appointment, [Page 119] or to or for his Use or Benefit; or permit him to intermeddle with any of the said Rents and Profits of the Premisses or Moneys that shall be raised thereby.

But that he the said Sir C. W. his Executors and Administrators shall be wholly excluded therefrom, and from all the Benefit, Profit or Pro­ceed thereof.

Provided alwaies nevertheless; And it is hereby declared,Proviso, that if the Hus­band be su­ed for any Debts of the Wife, the Trustees to pay them. meant and agreed by and between the said Parties to these Presents; That if the said Sir C.W. shall at any time or times hereafter be sued, troubled or molested for or in respect of any Debt or Debts, Duty, Sum or Sums of Money, or other thing whatsoever, due or owing, or pre­tended to be due or owing by the said A. Countess of M. to any person or persons whomsoever, before her Intermarriage with the said Sir C. W. or since; Or for or in respect of any Wares, Commodities, Money or other things whatsoever, bought, taken-up, borrowed, had or re­ceived, or to be hereafter bought, &c. or received by the said Coun­tess, or for her onely use, wearing, imployment or occasions; Or for or in respect of any Contract, Bargain, Quarrell, Trespass or other matter or thing whatsoever, had, made, done or committed, or to be hereafter had, &c. or committed by the said Countess; that then, and in any such case, they, the said W. Earl of B. &c. their Executors, Administrators and Assigns, shall and may, out of, by and with the Rents, Issues and Profits of the said demised Premisses, make full re­compense and satisfaction unto the said Sir C. W. his Executors or Admi­nistrators, for all Costs, Charges, Payments, Loss, Damage or Trouble whatsoever, which he the said Sir C. W. his Executors or Administrators, shall any way sustain, pay, expend, lose, suffer or be put unto for or concerning the same, or in respect of any such Suit, Trouble or Molestation; Any thing therein contained to the contrary notwithstan­ding.

And the said Sir C. W. for himself, his Heirs, &c. do covenant,Covenant for peace­able enjoy­ment. pro­mise and grant to, &c. W. Earl of B. &c. their Executors, &c. That they, the said W. Earl of B. &c. their Executors, &c. shall or law­fully may, upon and under the Trusts aforesaid, from time to time, and at all times hereafter, during the said Term, freely, quietly and peaceably have, hold and enjoy all and singular the Premisses hereby demised, &c. And receive and take all the Rents, &c. claiming by, from and under him; And clear and free, and freely, &c. Free from Incumbran­ces, &c. former and other Bargains, Sales, Leases, Estates, Debts, Duties, Judgements, Statutes, Recognizances, Seisures, Sequestrations, Extents, Charges and Incumbrances whatsoever, had, made, &c. by the said Sir C. W. or by any other person or persons claiming by, from, &c. him.

And farther also, That he, the said Sir C. W. shall not nor will at all intermeddle with any of the Moneys, Rents, or any other Issues or Profits of the Premisses, which shall be paid or come to the hands of the said A. Countess of M. by reason of these Presents or the Trust aforesaid; But shall and will permit and suffer her the said Countess to have and dispose of the same at her own will and pleasure.

And farther, The said Sir C. W. for himself, his Heirs, &c. Covenant for farther Assurance. doth covenant, promise and grant to, &c. W. Earl of B. &c. their Execu­tors, &c. by these Presents, That he, the said Sir C. W. shall and will from time to time, and at all times hereafter, at and upon the reaso­nable [Page 120] Request and proper Costs and Charges in the Law of the said W. Earl of B. &c. their Executors and Administrators, doe, make, execute, ac­knowledge and suffer all and every such farther and other Act and Acts, &c. Devices in the Law whatsoever, for the farther, better and more per­fect assuring of the said Manors and Premisses, with th' appurtenances, unto the said W. Earl of B. &c. their Executors, Administrators and Assigns, for the Term aforesaid, and upon the Trusts and to the In­tents herein before declared; Be it by Fine or Fines, Decree in Chance­ry or in any other Court of Equity, or otherwise, as by them the said W. Earl of B. &c. their Executors, Administrators or Assigns, shall be reasonably devised, &c.

Covenant not to med­dle with the Daughters Portions. And whereas several Provisions have been made by the said J. Earl of M. deceased, for and concerning Portions and Sums of Money for the Ladies E. and A. C. Daughters of the said late Earl; and for their present maintenance, He, the said Sir C. W. for himself, his Heirs, Exe­cutors, Administrators and Assigns, doth farther covenant, &c. to and with the said W. Earl of B. &c. their Executors, &c. by these Presents, That he, the said Sir C. W. shall not nor will at all intermeddle with the said Portions or Sums of Money, or the Proceed thereof; Nor re­ceive any of the Moneys appointed for the said Portions and for the maintenance of the said Ladies E. and A. C. But shall and will permit and suffer the said A. Countess of M. and such as she shall appoint, and such other persons as are impowered or intrusted by the said late Earl, wholly to dispose of the same, and of the Lands out of which they are to be raised, without any Intermeddling or Interruption of or by him the said Sir C. W. In witness, &c.

An Assignment of three Bonds.

TO all People to whom this present Writing shall come; I N. B. of, &c. send greeting in our Lord God everlasting; Whereas T. A. late, &c. deceased; and E. A. Dr. in D. did heretofore become joynt­ly and severally bounden unto me the said N. B. in and by three seve­ral Obligations or Writings obligatory: That is to say, in and by one Obligation bearing date the, &c. of the Sum of 150 li. And in and by one other Obligation of the same date, of the like Sum of 150 li. And in and by one other Obligation bearing date, &c. of the Sum of 300 li. With such Conditions thereunder written or indorsed thereupon respec­tively, as by the same may appear; Which said Conditions have not been performed; But the said Obligations are become absolute and in­defeisible.

Now know ye, That I the said N. B. aswell in Consideration of a competent Sum of Money to me in hand paid by J. A. of L. Gent. The Receipt whereof I do hereby acknowledge; As for other good Causes me moving, Have granted, assigned and set-over, and, by these Pre­sents, do, &c. unto the said J. A. his Executors and Administrators, the said three several Obligations or Writings obligatory, and all and every the Sum and Sums of Money therein mentioned or thereby due and payable.

And I do hereby make and ordain the said J. A. my true and lawfull Attorney irrevocable, and do give unto him full power and authority, in my name, place and stead, to demand and receive all or any Mo­neys due or payable by or upon all or any the said Obligations; And to sue for and recover the same; And also to release, acquit and dis­charge the same; And to doe and cause to be done all and every act and thing for the recovering, obtaining and getting the said several Sums of Money, or any of them, which I my self may or might doe or cause to be done; And also to detain and keep to his own use all such Moneys so to be received, without any Account to be given to me, my Executors or Administrators, concerning the same.

And I, the said N. B. do for me, my Executors and Administrators,Covenant not to re­voke. covenant and grant to and with the said J. A. his Executors and Admi­nistrators, by these Presents, That I, the said N. B. will not at any time hereafter revoke any Authority hereby given to the said J. A.

And farther, That I, the said N. B. my Executors and Administra­tors, shall and will from time to time, at and upon the reasonable re­quest and proper costs and charges in the Law of the said J. A. his Exe­cutors or Administrators, make, seal and deliver, perform and doe all and every such farther act and acts, thing and things for the better en­abling or authorizing the said J. A. his Executors or Administrators, to obtain, get or receive to his and their own use the said Moneys due upon the said several Obligations or any of them, and with Covenants not to revoke the same, as by the said J. A. his Executors or Admini­strators shall be reasonably devised or required.

And farther also, That I, the said N. B. my Executors or Admini­strators, shall not nor will (unless it be at the request of the said J. A. his Executors or Administrators) release or discharge the said Obligati­ons or any of them, or any Debt thereby due; Nor disavow or be­come non-suit in any Action or Suit to be brought upon any of them; Nor doe or willingly suffer to be done any act or thing whereby the said Moneys, payable by or upon the said Obligations, or any of them, may not be recovered, had and received by the said J. A. his Execu­tors or Administrators, to his and their own use.

And for the true performance of all Covenants, Grants,Penalty. Matters and Things herein contained; I, the said N. B. do hereby bind me, my Heirs, Executors and Administrators, unto the said J. A. his Executors and Administrators, in the Sum of 200 li. of, &c. to be paid to the said J. A. his Executors or Administrators. In witness whereof, I, the said N. B. have hereunto put my Hand and Seal, the, &c.

An Assignment of one Bond by an Executrix or Administratrix.

TO all People, &c. I, S. R. of L. &c. Executrix of the Last Will and Testament, or, Administratrix of the Goods and Chattels of R. R. late of L. aforesaid, my late Husband deceased, send gree­ting, &c. Whereas T. A. deceased, E. A. Doctor in Divinity, and J. L. &c. did heretofore become jointly and severally bound unto the said R. R. in the Sum of 300 li. of, &c. in and by one Obligation or Wri­ting obligatory bearing date the, &c. with Condition thereunder writ­ten, or, thereon indorsed, for the Payment of, &c. upon the, &c. next ensuing the date of the said Obligation, as by the same may appear; Which said Condition hath not been performed; But the said Obligati­on is become absolute and indefeisible.

Now know ye, That I, the said S. R. aswell in Consideration of a competent Sum of Money to me in hand paid by J. A. of L. Gent. The Receipt whereof I do hereby acknowledge; As for other good Causes me moving; Have granted, assigned and set-over, and, by these Presents, do, &c. unto the said J. A. his Executors and Admi­nistrators, the said Obligation or Writing obligatory, and all and eve­ry the Sum and Sums of Money therein mentioned or thereby due and payable.

Letter of Attorney. And I do hereby make and ordain the said J. A. my true and lawfull Attorney irrevocable, and do give unto him full power and authority, in my name, place and stead, to demand and receive all or any Mo­neys due or payable by or upon the said Obligation; And to sue for and recover the same; And also to release, acquit and discharge the same; And to doe and cause to be done all and every act and thing for the recovering, obtaining and getting of the said Debt or Sum of Money, which I my self may or might doe or cause to be done; And also to detain and keep to his own use all such Moneys so to be recei­ved, without any Account to be given to me, my Executors or Admi­nistrators concerning the same.

And I, the said S. R. do, for me, my Executors and Administra­tors, and the Executors and Administrators of the said R. R. covenant and grant to and with the said J. A. his Executors and Administrators, by these Presents, That I, the said S. R. will not at any time hereafter revoke any authority hereby given to the said J. A.

And farther, That I, the said S. R. my Executors and Administra­tors, shall and will from time to time, at and upon the reasonable re­quest and proper costs and charges in the Law of the said J. A. his Exe­cutors or Administrators, make, seal and deliver, perform and doe all and every such farther act and acts, thing and things for the better en­abling or authorizing the said J. A. his Executors or Administrators, to obtain, get or receive to his and their own use the said Moneys [...]ue upon the said Obligation, and with Covenants not to revoke the same, as by the said J. A. his Executors or Administrators, shall be reasonably devised or required.

And farther also, That I,Not to re­lease. the said S. R. my Executors or Admini­strators, shall not nor will (unless it be at the request of the said J. A. his Executors or Administrators) release or discharge the said Obligati­on, or any Debt thereby due; Nor disavow or become non-suit in any Action or Suit to be brought upon the said Obligation; Nor doe, or willingly suffer to be done, any act or thing whereby the said Moneys, payable by or upon the said Obligation, may not be recovered, had and received by the said J. A. his Executors or Administrators, to his and their own use.

And for the true performance of all the Covenants, Grants,Penalty. Matters and Things herein contained, I, the said S. R. do hereby bind me, my Heirs, Executors and Administrators, unto the said J. A. his Executors and Administrators, in the Sum of, &c. to be paid unto the said J. A. his Executors or Administrators. In witness, &c.

Articles of Agreement indented, made, concluded and agreed upon, the, &c. day of, &c. Be­tween Sir G. S. of, &c. Knight, of th' one part; and R. H. of L. Merchant, of th' other part; (That is to say:)

IN Consideration of a Marriage, by the Grace of God,Articles of Agreement before mar­riage to con­vey the third part of the personal E­state and Lands to the Wise. intended to be shortly hereafter had and solemnized between the said R. H. of th' one party; and M. S. youngest Daughter of the said Sir G. S. of the other party; And of the Sum of 2000 li. of, &c. to him the said R. H. at and before the Sealing and Delivery of these present Articles by the said Sir G. S. in hand paid or secured to be paid by the said Sir G. S. for the Marriage-portion of the said M. the Receipt whereof accor­dingly the said R. H. doth hereby acknowledge, and therewith him­self to be fully satisfied and contented; He the said R. H. doth for himself, his Heirs, Executors, Administrators and Assigns, and for eve­ry of them, covenant, promise and grant to and with the said Sir G. S. his Executors and Administrators, by these Presents, That he, the said R. H. shall and will, by Deed or Deeds executed in his life-time, or by his Last Will and Testament in Writing, well and sufficiently con­vey, settle or bequeath unto or upon the said M. S. in case she shall happen to survive him, the said R. H. One full Third part of all such Goods and Chattels both real and personal as he, the said R. H. or any other person or persons, to his Use or in Trust for him,In Trust. shall have at the time of his Decease.

And also, One full Third part of all such Debts as at the time of the Decease of the said R. H. shall be owing unto him the said R. H. or unto any other person or persons in Trust for him.All Debts in Trust.

And farther also, That he, the said R. H. shall and will also by Deed or Deeds executed in his life-time, or by his Last Will and Te­stament in Writing, or otherwise, well and sufficiently convey and as­sure, or cause to be conveyed and assured unto her, the said M. S. or to her use, for and during all the Term of her natural Life, One full Third part of all such Lands,Third part of the Lands. Tenements and Hereditaments where­of he, the said R. H. or any other person or persons in Trust for him, or to his use, shall at any time, during the Coverture between him and the said M. S. stand or be seized of any Estate of Inheri­tance;Except Mortgages. Vnless it be in case of Mortgages made to or in Trust for the said R. H. which shall be redeemed, and the Moneys thereupon due paid in before his Death.

And farther also, That she, the said M. in case she shall happen to survive the said R. H. shall and may, by force and virtue of some lawfull Assignment,Covenant to enjoy all ad­vantages, &c. according to the custom of London. Gift or Bequest, or other lawfull waies or means procured, made, executed or done by the said R. H. in life-time, have and enjoy all and every such farther and other Advantages and Emo­luments whatsoever out of and by the Estate of the said R. H. her in­tended Husband, or the value thereof, as by any Law, Usage or Custom of the City of London; or otherwise, she might or ought to have, if the said R. H. now were, or, at the time of his Decease, should be a Citizen and Freeman of the City of London. In wit­ness, &c.

A Demise to Trustees for years, in consideration and in performance of a Promise and Agreement before Marriage on the behalf and for the main­tenance of the Wife.

THis Indenture made, &c. between Sir C. W. of T. in the County of C. Baronet, and the Right Honourable A. Countess of M. late the Wife of J. Earl of M. deceased, and now the Wife of the said Sir C. W. of the one part, and the Right Honourable W. Earl of B. B. Viscount C. W. Lord M. and Sir A. St. J. Uncle to the said Countess of th' other part, Witnesseth, That the said Sir C. W. and A. C. of M. his Wife, for and in consideration of the sum of 5 s. of, &c. to them in hand paid by the said W. E. of B. B. Viscount C. W. Lord M. and Sir A. St. I. at or before the sealing and delivery hereof, The Receipt whereof they do here­by acknowledge, And in performance of a Promise and Agreement made before the Intermarriage of the said Sir C. W. and the said A. C. of M. And for divers other good Causes and reasonable Considerations them moving, Have bargained, sold, demised and granted, and by these Pre­sents do bargain, sell, demise and grant unto the said W. E. of B. B. Vis­count C. &c. All that the Manor of S. with the rights, members and appurtenances thereof in the County of G. And also all that the Manor of G. with the rights, members and appurtenances thereof in the Coun­ty of W. To have and to hold the said Manors of S. and G. with their respective rights, members and appurtenances unto the said W. E. of B. &c. their Executors, Administrators and Assigns for and during the full Term of — years from hencefore next ensuing fully to be compleat and en­ded, if the said Sir C. W. and A. Countess of M. shall both of them joint­ly so long live; Upon such trust and confidence nevertheless as is here­in after mentioned, That is to say, That they the said W. E. of B. &c. their Executors, Administrators and Assigns, shall from time to time, du­ring the said Term, imploy and dispose of all the Rents, Issues and Pro­fits of all and singular the Premisses hereby demised to and for the sole, proper, peculiar and separate use, benefit and maintenance of the said A. Countess of M. alone, and not for the use or benefit of the said Sir C. W. nor as he shall direct, But shall from time to time, and at all times during the said Term, pay, imploy and dispose of all the Moneys to be had, levied or raised out of the said Premisses (other than such Moneys as shall be from time to time expended in managing the Premisses and performing the Trust hereby reposed, which it shall and may be lawfull for them from time to time to deduct) into the proper hands of the said A. Countess of M. or into the hands of such person or per­sons as she shall from time to time, alone, without the said Sir C. W. by any Writing or Writings, by her signed with her own hand, appoint the same to be paid, and not otherwise: And that they the said W. E. of B. &c. their Executors, Administrators and Assigns, or any of them, shall not dispose or pay any of the same Moneys, to be had, levied or raised out of the Premisses or any part thereof unto him the said Sir C. W. or by his appointment, or to or for his use or benefit, or permit him to [Page 126] intermeddle with the said Rents and Profits of the Premisses or Moneys that shall be raised thereby, But that he the said Sir C. W. his Executors and Administrators shall be wholly excluded therefrom, and from all the benefit, profit or proceed thoreof; Provided always nevertheless, And it is hereby declared, meant and agreed by and between the said Parties to these Presents, That if the said Sir C. W. shall at any time or times hereafter, be shewed, troubled or molested for, or in respect of any Debt or Debts, Duty, Sum or Sums of Money, or other thing whatsoever due or owing by the said A. Countess of M. to any Person or Persons whatsoever before her Intermarriage with the said Sir C. W. or since, Or for, or in respect of any Wares, Commodities, Money, or other things whatsoever, bought, taken up, borrowed, had or received, or to be hereafter bought, taken up, borrowed, had or deceived by the said Countess, or for her onely use, wearing, imployment or occasions, Or for, or in respect of any contract, bargain, quarrel, trespass, or other matter or thing whatsoever, had, made, done or committed, or to be hereafter had, made, done or committed by the said Countess, That then, and in any such Case, they the said W. E. of B. &c. their Executors, Ad­ministrators and Assigns, shall and may, out of, by and with the Rents, Issues and Profits of the said demised Premisses, make full recompence and satisfaction unto the said Sir C. W. his Executors or Administrators, for all costs, charges, payments, loss, damage or trouble whatsoever, which he the said Sir C. W. his Executors or Administrators, shall any way sustain, pay, expend, lose, suffer, or be put unto for or concerning the same, or in respect of any such suit, trouble or molestation, any thing herein contained to the contrary notwithstanding; And the said Sir C. W. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth covenant, promise and grant to and with the said W. E. of B. B. Viscount C. &c. their Executors, Administrators and As­signs by these Presents, That they the said W. E. of B. &c. their Execu­tors, Administrators and Assigns, shall, or lawfully may upon and under the Trusts aforesaid, from time to time, and at all times hereafter during the said Term, freely, quietly and peaceably, have, hold and enjoy all and singular the Premisses hereby demised or mentioned to be demised with their and every of their appurtenances, and receive and take all the Rents, Issues and Profits hereof, without the let, trouble or interruption of him the said Sir C. W. or from any Person or Persons claiming from, by or under him; And clear and free, and freely, clearly and absolutely acquitted, freed and discharged of and from all and all manner of former and other Bargains, Sales, Leases, Estates, Debts, Duties, Judgments, Statutes, Recognisances, Seisures, Sequestrations, Extents, Charges and Incumbrances whatsoever, had, made, committed or done by the said Sir C. W. or by any Person or Persons claiming by, from or under him.

And farther also, That he the said Sir C. W. shall not, nor will at all intermeddle with any of the Moneys. Rents, [...]or any other Issues or Pro­fits of the Premisses which shall be paid or come to the hands of the said A. Countess of M. by reason of these Presents or the Trust aforesaid, But shall and will permit and suffer her the said Countess to have and dispose of the same at her own Will and Pleasure.

And farther, The said Sir C. W. for himself, his Heirs, Executors, Ad­ministrators and Assigns, and for every of them, doth covenant, pro­mise [Page 127] and grant to and with the said W. E. of B. &c. their Executors, Administrators and Assigns by these Presents, That he the said Sir C. W. shall and will, from time to time, and at all times hereafter, at, and upon the reasonable request and proper costs and charges in the Law of the said W. E. of B. &c. their Executors and Administrators do, make, execute, acknowledge and suffer all and every such farther and other reasonable Act and Acts, thing and things, devise and devises in the Law whatsoe­ver, for the farther, better and more perfect assuring of the said Manors and Premisses with th' appurtenances unto the said W.E. of B. &c. their Executors, Administrators and Assigns for the Term aforesaid, and upon the Trusts, and to the intents herein before declared, Be it by Fine or Fines, Decree in Chancery, or in any other Court of Equity or other­wise as by them the said W. E. of B. &c. their Executors, Administra­tors or Assigns shall be reasonably devised, advised or required.

And whereas several Provisions have been made by the said J. Earl of M. deceased, for and concerning Portions and Sums of Money for the Ladies E. and A.C. Daughters of the said late Earl, and for their present maintenance, He the said Sir C. W. for himself, his Heirs, Executors, Ad­ministrators and Assigns doth farther covenant, promise and grant to and with the said W.E. of B. &c. their Executors, Administrators and Assigns by these Presents, That he the said Sir C.W. shall not, nor will at all in­termeddle with the said Portions or Sums of Money, or the Proceed thereof, nor receive any of the Moneys appointed for the said Portions, or for the maintenance of the said Ladies E. and A. C. But shall and will permit and suffer the said A. Countess of M. and such as she shall appoint, and such other Persons as are empowered or intrusted by the said late Earl, wholly to dispose of the same, and of the Lands out of which they are to be raised without any intermeddling or interruption of, or by him the said Sir C. W. In witness, &c.

A Settlement of Lands in the name and bloud of the Grantor or sole Proprietor.

THis Indenture made, &c. between Sir W.V. of, &c. W.V. and J. V. Brethren of the said Sir W.V. of th' one part, and I. B. of, &c. second Son of the Right Honourable T. Lord F. T. B. of, &c. Grandchild of the said Lord F. and Sir T. J. of, &c. of the other part, Witnesseth, That for the assuring and settling of all and singular the Manors, Lands, Tenements and Hereditaments, herein aftermentioned in the name and bloud of him the said Sir W.V. so long as it shall please Almighty God, And for such other uses and intents, and in such sort as is herein aftermentioned.

It is covenanted, concluded and agreed by and between all the said Parties to these Presents, And the said Sir W.V. for himself, his Heirs, Executors and Administrators, and for every of them, doth covenant, promise and grant to and with the said J. B. T. B. and Sir T. J. their Heirs, Executors and Administrators, to, and with every of them by these Presents, That he the said Sir W.V. and the said W.V. and I.V. shall and will at the proper costs and charges in the Law of the said Sir W.V. on this side and before the end of T. Term next ensuing the date hereof, levy and acknowledge in due form of Law one Fine Sur Conuss. de Droit. Covenant to levy a Fine. &c. to be ingrossed, recorded and sued forth with Pro­clamations according to the Laws and Statutes of England in such case made and provided, and according to the usuall course of Fines in such case used and accustomed unto the said J. B. T. B. and Sir T. J. or to the Survivors or Survivor of them, and the Heirs of one of them; Of all those the Manors of H. L. &c. with all and singular their and every of their rights, members and appurtenances, and of all Messuages, Houses, Buil­dings, Mills, Gardens, Orchards, Lands, Tenements, Meadows, Pa­stures, Woods, Underwoods, Parks, Warrens, Advowsons, Courts-Leet, Courts-Baron, Liberties, Franchises and Hereditaments to the said Manors, and to every or any of them belonging or in anywise appertaining, or accepted, reputed, used or enjoyed as part or member of them or any of them, or with them or any of them now used or enjoyed (one Farm called D. and one other farm called C. Farm in F. aforesaid onely excep­ted) And of all other the Manors,Exception. Messuages, Lands, Tenements, Tithes, Rents, Reversions, Services, Profits, Commodities and Heredi­taments whatsoever which formerly were the Inheritance of W.V. Esq; Grandfather of the said Sir W. V. and of Sir T. V. Father of the said Sir W. V. or either of them, or whereof or wherein the said Sir W. V. W. V. and J. V. or any of them now have or hath any manner of Estate of Inheritance or Freehold in possession, reversion or remainder, scituate, lying, being, coming, growing or renewing in H. L. N. C. S. W. S. F. F. and P. or any of them in the said County of Y. (except before-excepted) By such apt and convenient names, numbers of Messuages and Acres, and other the Premisses, quantities and qualities of Land, and in such sort, manner and form as shall be thought fit; Which said Fine so to be levied as aforesaid, and all and every other Fine and Fines heretofore had, [Page 129] made, levied or acknowledged, or hereafter to be had, made, levied or acknowledged of or upon the said Manors, Lands and Premisses, or any part thereof, by or between the said Parties to these Presents, or where­unto they or any of them are or shall be Party or Parties, shall enure and be; And all the said Parties to these Presents do hereby declare and agree, that the same shall be and enure, and shall be construed, expounded, ad­judged, deemed and taken to be and enure; And that the said J. B. T. B. and Sir T. J. and all and every other Conusee or Conusees in the said Fine or Fines, and his and their Heirs shall stand and be seised of and in all and singular the said Manors, Lands, Tenements, Hereditaments and Premisses herein beforementioned with their and every of their appurte­nances; To the several uses, behoofs, intents and purposes,Uses decla­red. And with and under the several Limitations, Powers, Liberties, Authorities, Pro­visoes and Agreements hereafter in and by these Presents declared, men­tioned, limited and expressed concerning the same respectively; And to and for none other use, intent or purpose whatsoever; That is to say, To the use and behoof of the said J. B. T. B. and Sir T. J. their Execu­tors, Administrators and Assigns for the full Term of 200 years from the Day of the Date of this present Indenture fully to be compleat and ended without Impeachment of or for any manner of waste upon the Trusts, Limitations and Agreements herein aftermentioned,Without im­peachment of waste. expressed and declared concerning the same Term and Estate; And from and after the end, expiration, surrender or other determination of the said Estate for Years, to the use and behoof of the said Sir W. V. for and during the Term of his natural life without Impeachment of or for any manner of waste, and withfull power to doe and commit waste, and with such far­ther Powers, Liberties, Authorities and Provisoes as hereafter is limited and expressed, And after his Decease to the use and behoof of W.V. eldest Son and Heir apparent of the said Sir W.V. and the Heirs males of the Body of the said W. V. the Son lawfully to be begotten, And for de­fault of such Issue, To the use and behoof of the second Son of the said Sir W.V. and the Heirs-males of the Body of such second Son lawfully to be begotten, And for default of such Issue, To the use, &c. of the third Son of, &c. prout supra. And for default, &c. To the use, &c. of the fourth Son of, &c. And for default, &c. To the use, &c. of the fifth Son of, &c. And for default, &c. To the use, &c. of the sixth Son of, &c. And for default, &c. To the use, &c. of the seventh Son of, &c. And for de­fault, &c. To the use and behoof of the eighth, ninth, tenth, and all other the Sons of the said Sir W. V. successively one after another, in order and course as they shall be in Order and Seniority of Age and Priority of Birth, and the several Heirs males of their several and respective Bodies lawfully to be begotten, the elder of the said Sons and the Heirs-males of his Body being ever preferred before the other, and the Heirs-males of their Bodies; And for default of such Issue, in case Dame V. now the Wife of the said Sir W. V. or any other Woman that shall be the Wife of the said Sir W. V. at the time of his Decease shall happen to be enseint with Child by him at the time of his Decease, To the use and behoof of the said Dame V. or of such other Woman as shall be the Wife of the said Sir W.V. and shall be so enseint at the time of his Decease as aforesaid, untill she shall be of such after-born Child delivered, or shall die, whichsoever shall first happen in Trust for the benefit of such Child when it shall be born; And if such after-born Child shall happen to be [Page 130] a Son, then from and after the Birth of such after-born Son, To the use and behoof of such after-born Son, and the Heirs males of his Body law­fully to be begotten: And for default of such Issue, to the use and behoof of the said W.V. and the Heirs males of his Body lawfully begotten, and to be begotten. And for default of such Issue, to the use and behoof of the said J.V. and of the Heirs-males of his Body lawfully begotten and to be begotten: And for default of such Issue, to the use and behoof of P.V. and of the Heirs-males of the Body of the said P. lawfully begotten and to be begotten: And for default of such Issue, to the use and behoof of the Heirs of the Body of the said Sir W.V. lawfully begotten or to be begotten: And for default of such Issue, to the use and behoof of the right Heirs of the said Sir T.V. deceased, late Father of the said Sir W.V. for ever.

And it is hereby declared and agreed by and between the said Parties to these presents, and the true intent and meaning of them, and every of them, and of these presents is, That the Estate and Term of 200 years herein before limited to the said J. B. T. B. and Sir T. J. their Executors, Administrators and Assigns, as aforesaid, is upon these special TrustsTrust. and Confidences following, concerning the said Manors, Lands and Premisses respectively, that is to say, as for and concerning all that the said Manor of W. and all that the Park of W. with the appurtenances thereof, and all other the said Premisses in W. and S. or either of them; or in the Parish of K. in the said County of Y. and the Reversion and Reversions yearly, and other Rents and Profits of the same Premisses, and of every part and parcel thereof in the first place for the performance of the particular Trusts mentioned and expressed in one Indenture, bearing date, &c. made or mentioned to be made between the said Sir W. V. of the one part, and the said J.B. Sir W. F. Knight, deceased, and the said Sir T. J. of the other part, touching the raising and levying Moneys to be employed for the payment of the debts and sums of Money particularly mentioned and expressed in a Schedule indented to the said Indenture, annexed together with Interest for the same, as in the said Indenture is mentioned; And touching raising of Moneys for Portions for the Daughters of the said Sir W.V. as in the said Indenture is mentioned; And after those parti­cular Trusts performed, then to the intent and purpose, that they the said J. B. T. B. and Sir T. J. their Executors, Administrators and Assigns, shall by and with and out of the profits of all and singular the said Manor, Park, Lands, Tenements, Hereditaments and Premisses last mentioned, or by Lease, Demise or Sale of the same Premisses, or any part thereof, or otherwise according to their Discretions from time to time raise such Moneys as shall be sufficient as well to pay unto W. L. of, &c. his Execu­tors, Administrators and Assigns the annual or yearly Rent of 200 li. re­served and payable by or upon one Indenture of Lease bearing Date, &c. whereby the said Manor of W. and Park of W. and other the Premisses in W. S. and K. aforesaid, are demised or mentioned to be demised by the said W. L. unto the said J. B. and T. B. and Sir T. J. for the term of thir­teen years and eleven months, from the day of the Date of the said In­denture, with Reservation of the said yearly Rent of 200 li. during the first 7 years of the said Term at the Feasts of P. and St. M. by equal Porti­ons, or within 10 Days next after either of the said Days of Payment thereof, as also to recompence and indemnify the said J. B. T. B. and Sir T. J. their Heirs, Executors and Administrators of, for and from the said yearly Rent of 200 li. and all other their or any of their Engagements to [Page 131] the said W. L. for or in respect thereof, or otherwise to the said W. L. for the said Sir W. V. and that the said Monies so used for the purposes afore­said shall be employed accordingly; and after all the said particular Trusts beforementioned shall be performed, then as for and concerning all and singular the same Manor, Park, and other the Premisses of and in W. S. and K. aforesaid, and also from and immediately after the Levying of the said Fine, as for and concerning all and singular the rest and residue of the said Manors, Lands, Tenements, Hereditaments and Premisses what­soever herein beforementioned upon Trust,Trust. that they the said J. B. T. B. and Sir T. J. their Executors and Administrators out of the profits of the same Premisses, or by Sale Demising or Mortgaging the same, or any part or parts thereof, may raise any Sum or Sums of Money not exceeding in the whole 6000 li.

And upon this farther Trust and Confidence, that after all the said Trusts performed, they the said J. B. T. B. and Sir T. J. their Execu­tors and Administrators shall surrender and deliver up all their said Estate and term of years in the Premisses, or so much thereof as shall be unsold or undispos'd of for the purposes aforesaid, unto such person or persons as for the time being shall have the immediate Reversion or Freehold of the Premisses, by the intent and true meaning of these presents, in case it shall seem good unto them, the said J. B. T. B. and Sir T. J. their Executors or Administrators so to surrender and deliver up the same, and that they in their Discretion shall think sit so to doe; Or otherwise they shall permit and suffer all the rest and residue of the Rents and Profits of all and singu­lar the Premisses, or so much thereof as shall be unsold or undisposed of for the purposes aforesaid, to be from time to time had, taken and receiv'd by the said Sir W. V. during his life, and after his decease by such other person and persons respectively, as for the time being, shall have the im­mediate Reversion or Freehold of the Premisses, by the true intent and meaning of these presents according to their several Estates and Interests herein before limited to them, the same being intended, and hereby de­clared and agreed after all the said Trusts performed, to be either surren­dred or delivered up, or else to be kept on foot to attend and wait upon the Freehold and inheritance of the same Premisses respectively, at the choice and election of the said J. B. T. B. and Sir T. J. their Executors, Administrators and Assigns.

Provided always, and it is hereby declared,Proviso. meant and agreed by and between the said Parties to these Presents, and the intent and meaning of them, and every of them, and of these Presents is, That after the Death of Dame V. now the Wife of him the said Sir W. V. He the said Sir W.V. shall have full power, liberty and authority, and that it shall and may be lawfull to and for him the said Sir W. V. from time to time, and at all times after the Decease of the said Dame V. during his life, by any Deed or Deeds, Writing and Writings, under his own proper Hand and Seal, to be Subscribed and Sealed in the presence of three or more credible Witnesses to assign, limit or appoint to, and to the Use of, or in Trust for any Wo­man that shall be the Wife of the said Sir W. V. as well before as after his Marriage with such Woman, for and during the natural life of such Wo­man, or for any number or years determinable upon the Death of such Woman, for and in lieu, name or stead of her Joynture, or part of Joyn­ture, any of the said Manors, Lands, Tenements, Hereditaments and Premisses, not exceeding in the whole, in the clear yearly value thereof, [Page 132] above 200 li. per annum, to commence and take effect as in such Deed or Deeds, Writing or Writings, shall be assigned, limited or appointed.

Proviso to let Lease for 50 years. Provided also, and it is hereby declared, meant and agreed by and between all and every the said Parties to these presents, and the intent and meaning of them, and every of them, and of these presents is, That the said Sir W. V. shall have full power, liberty and authority, and that it shall and may be lawfull to and for the said Sir W.V. from time to time, and at all times during his life, by any Deed or Deeds, Writing or Wri­tings, under his own proper hand and seal, to be subscribed and sealed in the presence of two or more credible Witnesses, to grant, lease, limit or appoint any part of the said Manors, Lands and Premisses, not excee­ding the yearly value of 50 li. to any younger Son or Sons of him the said Sir W. V. for and during the term of the natural life or lives of such younger Son or Sons, or for any term of years determinable by the Death of such younger Son or Sons.

Proviso to let Leases for Daughters Portion. Provided also, and it is farther hereby declared, meant and agreed, by and between the said Parties to these presents, and the farther intent and true meaning of them, and every of them, and of these presents, is, That the said Sir W. V. shall have power, and that it shall and may be lawfull to and for the said Sir W. V. at any time or times during his life, by any Deed or Deeds, Writing or Writings, to be subscribed and sealed by him, in the presence of two or more credible Witnesses, to grant, lease, limit or appoint any of the said Manors, Lands, Tenements or Hereditaments herein beforementioned, unto any person or persons, for any term or number of years, upon Trust for the levying or raising out of the Issues or Profits thereof, such sum or sums of Money, for or to­wards the Portion or Portions of any Daughter or Daughters of the said Sir W. V. to be paid unto her or them, at the day or days of his or their respective Marriage or Marriages, as to him the said Sir W. V. shall seem meet, so as such Portion or Portions so to be raised thereby, do not ex­ceed the sum of 1000 li. a piece for each Daughter; and so as such grant, lease, limitation or estate, be made with a Condition to cease and be void, or else upon express Trust to be surrendred, when all such Portion or Portions, thereby to be appointed to be levied and raised, shall be le­vied and raised, or whensoever all such Daughter or Daughters, for whom the same are to be raised, shall happen to die before Marriage.

Proviso to let Leases for 21 years or 3 lives. Provided always, and it is hereby declared, meant and agreed by and between all the said parties to these presents, and the farther intent and meaning of them, and every of them, and of these presents is, That the said Sir W. V. by and with the Consent of the said J. B. T. B. Sir T.J. and of the said W.V. the Son, or of any one or more of them in writing, under his or their hands, and not otherwise, shall have full power, liber­ty and authority; and that it shall and may be lawfull to and for him, the said Sir W. V. by and with such Consent as aforesaid, from time to time, during his life, by any Deed or Deeds, Writing or Writings, under his hand and seal, to be subscribed and sealed in the presence of two or more credible Witnesses; to demise, lease or grant, any of the said Mes­suages, Lands, Tenements, Hereditaments and Premisses heretofore usu­ally letten to Farm, and not occupied in Demesn, unto any person or persons, for the term of 21 years or under, or for the life or lives of one, two or three persons therein to be named, or for any term or number of years, determinable by the Death of one, two or three person or persons [Page 133] therein to be named, at and under the usual and accustomed Rent former­ly paid for the same, or with Reservation of so much Rent or more, as hath been paid for the same Premisses, at any time within 20 years now last past: So always that such Lease be not made dis-punishable for Waste, and be made to take effect in Possession, and not in Reversion.

And it is hereby also declared, meant and agreed by and between all the said Parties to these presents: And the full intent and meaning of them, and every of them, and of these presents is, That immediately from and after such Joyntures, Leases, Grants, Limitations and Estates, so made, assigned, limited or appointed by the said Sir W. V. according to any the Powers hereby given or limited unto him, the said Fine so co­venanted to be levied as aforesaid, and all and every Fine and Fines, Assurance and Assurances, whatsoever had, levied, or acknowledged, or to be had, levied or acknowledged, of the Premisses between the said Parties to these Presents, or any of them, shall be, and enure, and shall be adjudged, deemed and taken to be, and enure, of, for, and concern­ing the Premises so to be letten, estated, assigned, limited or appointed; And the said Conusees, in the said Fine or Fines, and their Heirs, shall stand and be seised thereof, to the several and respective uses of the seve­ral and respective persons, their Executors, Administrators and Assigns, to whom such Joyntures, Grants, Leases and Estates, shall be so limi­ted or appointed as aforesaid, for such Terms and Estates as shall be so granted, leased or appointed to them, according to the intent and true meaning of the said several and respective Deeds or Writings, so leasing, limiting or appointing the same; And of the Reversion and Reversions thereof, during the said Joyntures, Leases, Terms and Estates, and of the Premisses themselves, after the said Joyntures, Leases, Terms and Estates shall be ended and determined; and as the same shall severally and respectively end and determine to the several uses of such person and persons, and for such Estate and Estates, and in such sort, manner and form, as the same are hereby declared, limited and appointed; and as the same should have been if such Joyntures, Leases, Estates or Terms so to be made, by virtue of these presents had not at at all been.

And it is hereby farther provided, declared and agreed, and the in­tent of all the said Parties to these presents is, That none of the said Joyn­tures, Grants, Leases and Estates, so to be made by the said Sir W.V. by force or virtue of any of the Powers herein before to him given or limited (other than such Leases to Tenants, whereupon the ancient and accusto­med Rent or more shall be reserved) shall in any sort extend to charge or impeach the said Estate and Term for 200 years herein before limited to the said J. B. Sir W. F. and Sir T. J. their Executors, Administrators and Assigns; And that otherwise, and in all other respects, every of the said Joyntures, Leases, Grants and Estates so to be made, granted, li­mited or appointed, by virtue of any of the Powers herein contained, shall take effect and stand good according as the said respective Grants, Leases and Estates shall in priority of time be made one before the other; the intent of all the said Parties to these presents being, that none of the subsequent Leases or Grants shall determine, change, charge or make void the former.

Provided always, and it is hereby farther declared, meant and agreed,Proviso to have liberty to revoke the uses, &c. by and between all the said Parties to these Presents; And the farther in­tent and meaning of them, and every of them, and of these Presents is, That the said J. B. T. B. and Sir T.J. or the Survivors or Survivor of them by and with the consent of the said Sir W.V. in writing under his hand and not otherwise shall have full power, liberty and authority, And that it shall [Page 134] and may be lawfull to and for them the said I. B. T. B. and Sir T. J. or the Survivors or Survivor of them (by and with such consent as aforesaid and not otherwise) from time to time and at all times hereafter by any Deed or Deeds, Writing or Writings under their Hands and Seals to be subscribed and sealed in the presence of two or more Credible Witnesses to revoke, al­ter, change or make void all or any of the uses herein before limitted or de­clared of and concerning all or any part of the said Manor, Park, Lands, Tenements, Hereditaments and Premisses of or in W. S. R. O. F. and H. aforesaid, and by the same Deed or Deeds, Writing or Writings to declare, limit or appoint the use thereof unto such Person or Persons, and his or their Heirs, as they the said I.B.T.B. and Sir T.J. or the Survivors or Sur­vivor of them shall think meet, and shall by such Deed or Writing appoint; Nevertheless it is hereby declared and agreed by and between the said Par­ties to these Presents, That such Power is given to them the said I.B.T.B. and Sir T.J. and the Survivors and Survivor of them, to the intent that thereby they may the more speedily discharge and perform the Trust, and raise the Moneys herein before expressed and appointed to be raised by or upon the said Lease or Estate for 200 years, And that this power of Re­vocation shall not in any sort extend to make void or impeach any Estate which before such Revocation or Alteration made shall be made or ap­pointed by virtue of any Power or according to any Trust herein before-contained or expressed.

And it is hereby farther declared and fully agreed by and between the said Parties to these Presents, That from and after such revocation or alte­ration of the said use or uses and declaration of such new use or uses as aforesaid, the said Fine and all other Fine or Fines had or to be had or levied of the Premisses, shall enure and be, and be taken to enure and be as for and concerning such part and so much of the Premisses whereof or concer­ning which the said new use or uses shall be so appointed to the use and be­hoof of such Person and Persons and their Heirs to whose use the same shall be by such Deeds or Writing appointed or limited or intended to be limited, Any thing herein before contained to the contrary notwithstanding.

And whereas all the said Lands, Tenements, Hereditaments, and Premis­ses in F. and F. aforesaid, do now stand charged with three several Rents-charges of 40 li. per Annum apiece (that is to say) One to the said W.V. for his life, one other to the said J.V. for his life, and one other to the said P.V. for his life.

It is now farther provided always and covenanted, granted, declared and agreed by and between all the said Parties to these Presents, And the farther intent and meaning of them and every of them and of these Pre­sents is, That if the said W.V.J.V. and P.V. or any of them shall at any time hereafter lawfully surrender and give up their said Annuities or any of them unto such Person or Persons as for the time being shall have the immediate Estate of Inheritance or Freehold in possession of, and in the Lands and Tenements out of which the said Annuities or Rents-charges respectively are issuing as aforesaid, That then and in such Case it shall and may be lawfull to and for the said Sir W.V. by any Deed or Writing under his proper Hand and Seal to be subscribed and sealed in the presence of two or more credible Witnesses to grant, assign, limit or appoint to every such one of them the said W.J. and P. as shall so sur­render their said Annuity one other Annuity or yearly Rent-charge of 40 li. per Annum to be yearly issuing and going out of any of the Ma­nors, Lands, Tenements or Hereditaments herein before mentioned, which the said Sir W.V. shall think fit to charge therewith, and to be payable during the life onely of such of them to whom it shall be so gran­ted, [Page 135] assigned, limited or appointed at such times and place as by such Deed or Writing, Deeds or Writings shall be appointed respectively.

And it is farther hereby declared and agreed by and between the said Parties to these Presents, That after such Rent or Rents the said Fine shall enure and be, The said Conusees in the said Fine shall stand and be seised of and concerning such of the said Lands and Hereditaments out of which the said Rents shall be so appointed to be issuing, To the intent that such of them the said W.V. J.V. and P.V. and their Assigns to whom such yearly Rent or Rents shall be limited, may have and receive the said Rent or Rents accordingly; And that he or they may distrain as often as the said Rent or Rents, or any part thereof shall be behind and unpaid at the times wherein the same shall be limited to be paid upon such of the said Lands and Premisses as shall be by such grant or limi­tation therewith charged or mentioned to be charged, And the distress and distresses to detain and keep untill he or they respectively be of the said Rent or Rents fully satisfied or paid.

And the said Sir W.V. for himself, his Heirs,Covenant that there is no incum­brances. Executors and Admi­nistrators, and for every of them doth covenant, promise and grant to and with the said J. B. T. B. and Sir T.J. their Heirs, Executors and Administrators by these Presents, That he the said Sir W.V. hath not done or willingly and wittingly suffered to be done any Act or thing whereby the said Manors, Lands, Tenements, Hereditaments and Pre­misses or any of them are or may be any way impeached, charged or in­cumbred, Or whereby the uses herein beforelimitted and declared may not arise according to the true intent and meaning of these Presents; (One Lease heretofore made, &c. by the said Sir W.V. unto Sir P.M. Knight, G. G. the Lady Ʋr. V. &c. and J.P. Esq; by Ind. da­ted, &c. of the Premisses in F. and F. for the Term of 99 years if the said W.V. J.V. and P.V. or any of them so long shall live for the bet­ter assuring and making good to each of them the said W.J. and P.V. 40 li. per Annum during their Lives: And one Lease by Indenture bear­ing date, &c. made by the said Sir W.V. unto T. Lord F. H. B. Esq; the said J. B. and Sir P. M. Knight of the said Manor or Lordship of H. &c. to commence and take effect from the death of the said Sir W.V. for the Term of 99 years, if the said Dame Ʋr. V. Wife of the said Sir W.V. shall so long live, upon such Trusts as on the behalf of the said Dame Ʋr. are therein expressed, onely excepted and foreprised.)

And it is hereby also declared and agreed by and between all the said Parties to these Presents, That the said Fine so covenanted to be levied as aforesaid shall enure and be, And shall be construed and taken to enure and be for the farther and better confirmation of the said two last mentioned Leases by the said several Indentures of, &c. and of the said, &c. according to the purport, true intent and meaning of the said several Indentures of Leases so excepted. In witness, &c.

Provided always and upon this farther Trust and to the intent,Proviso. Trustees to deduct their charges. That it shall and may be lawfull to and for the said A. and B. their Execu­tors, Administrators and Assigns from time to time to defalke and take to themselves all their reasonable costs, charges and expences whatsoever which they or any of them shall expend or be put unto in or about the management of the Premisses or th' execution or defence of any the Trusts aforesaid, And that none of them shall be accomptable for any more of the Profits of the said Manors, Lands and Premisses than shall come to their hands severally and respectively: And that no one of them shall be chargeable or accomptable for the Receipts of the other of them, Any thing herein contained to the contrary notwithstanding.

Conveyance to Trustees before Mar­riage. And it is hereby declared and fully agreed by and between all and every the said Parties to these Presents, and the true intent and meaning of them and every of them and of these Presents is, That all and singular the several Grants and Estates and Premisses herein before made and granted or mentioned to be made or granted unto the said A. and B. and their Heirs, And all the said several Estates and Terms herein before-granted and assigned or mentioned to be granted or assigned unto the said A. and B. their Executors and Administrators are upon this special Trust and Confidence and to the intent and purpose, That they the said A. and B. their Heirs, Executors and Administrators re­spectively shall and will from time to time make and execute such Convey­ances, Grants and Assignments as well of the said Lands and Hereditaments conveyed to them in fee as aforesaid, as also of the said Leases and Terms of years, and all and singular other the Premisses with their and every of their Appurtenances to such Person and Persons, and for such Estate and Estates, and in such sort, manner and form and subject to such Conditions and Powers of Revocation, or without as she the said A. M. from time to time, whether she shall be covert or Sole, and not­withstanding her Coverture by any Deed or Deeds, Writing or Writings by her signed and sealed in the presence of two or more Credible Wit­nesses, or by her last Will and Testament in writing, or any other Wri­ting, Purporting to be her last Will and Testament by her signed and sealed in the presence of two or more Credible Witnesses shall direct and appoint, And untill such direction and appointment shall permit and suf­fer her the said A. M. notwithstanding her said intended Coverture, and whether she shall be covert or sole, to receive and take all the Rents, Issues and Profits of all and singular the Premisses to her own proper, peculiar and separate use and benefit, excluding the said A. de C. M. of M. or other her Husband, And shall from time to time pay over or permit her the said A. de M. to receive all Interest-moneys and other the Moneys and proceed and profit arising by and out of and singular the Premisses and every or any part thereof to her own proper, peculiar and separate benefit, excluding the said M. of M. or such other Person who shall be her Husband, And shall not permit the said M. or any other Husband of the said A. de M. to inter­meddle therewith or with any part or parcel thereof, And upon this farther trust and confidence, and to this farther intent and purpose, That in default of any such direction or appointment by the said A. de M. concerning the Premisses as aforesaid, That then from and after the death of the said A. de M. they the said A. and B. shall dispose of two parts thereof (the whole in three parts to be divided) amongst all the Children of the said A. de M. which shall be living at the time of her decease, And the other third part thereof unto the said M. of M.

And it is farther declared and fully agreed by and between all and every the said Parties to these Presents, That the Notes or Acquittances of the said A. de. M. for any Moneys to be paid or received shall notwithstanding her Coverture from time to time be and be taken to be as good, effectual and binding to all intents and purposes as if the said A. de M. were sole and unmarried at the time of signing the same.

And it is farther declared and fully agreed by and between all and every the said Parties to these Presents, That it shall and may be lawfull to and for the said A. and B. their Heirs, Executors and Administrators respectively from time to time to deduct and defalk unto themselves out of the Premis­ses all such costs, charges and expences as they or any of them shall sustain in or about the managing or performing of the Trusts herein contained or otherwise by reason thereof. In witness, &c.

Assignment of a Lease by the Husband in Trust for his Wife.

THis Indenture made the, &c. Between T.C. of C. in Com. M. of the one part, and J.N. of T. in Com. S. Gent. and W.O. of T. afore said Gent. of the other part. Whereas W. St. J. and H. St. J. of B. in Com. S. Executors of the last Will and Testament of Sr. J. St. J. de­ceased, and Trustees (amongst others) appointed for the disposing of the Rents, Issues, and Profits of the Mannors of B. and W. and other things in the Counties of M. and S. Did by their Indenture, bearing Date the, &c. now last past, Demise, Grant, and to Farm let unto the said T.C. All that the free Passage or Ferry over the River of Th. com­monly called C. Ferry, otherwise called the Passage or Ferry of C. a­foresaid, within the said County of M. with all the Grounds, Landing-Places, Rights, Commodities, Profits, and Easements to the same Passage or Ferry, with the Appurtenances belonging, and therewith heretofore letten, used, occupied, and enjoyed; Together also with one great new Horse-Boat, with a new pair of Horse-Boat Oars, and a Shoving-Pole shod with Iron, being altogether of the price of 25 l. Sterling: And also one other great Horse-Boat, fully furnished with Horse-Boat Oars, and Shoving-Pole shod with Iron, to them belong­ing; One Foot-Boat, one pair of Skulls thereunto belonging, and in Iron-Rod. All which said granted and demised Premisses were then, and yet are in the tenure, use, and occupation of the said T.C. his As­signee or Assignees; To have and to hold, exercise, occupy, possess, and enjoy the said Passage or Ferry, otherwise called the Passage or Ferry of C. aforesaid, with the said Ground or Landing-Plac s, Rights, Profits, Commodities, and Easements, Horse-Boats, Foot-Boat, Oars, Skulls, Poles, and other Furniture to the said several Boats belonging, with the Appurtenances, and every part and parcel thereof, unto the said T.C. his Executors, Administrators, and Assigns; from the Feast-day of, &c. last past, before the Dare of the said Indenture, unto the End and Term of—years from thence next ensuing, fully to be com­pleat and ended; At and under the yearly Rent of—of lawful Mo­ney of England, payable as is therein mentioned, as in and by the said Indenture (relation being thereunto had) amongst several Cove­nants, and other things therein contained, more plainly it doth and may appear.

Now this Indenture Witnesseth, Habend. That the said T. C. for and in con­sideration of the Marriage already had between him and T. his now Wife, and for divers other good Causes and Considerations him mo­ving, Hath granted, assigned, and set-over, and by these Presents doth grant, assign, and set-over unto the said J.N. and W.O. All that and those the said Passe and Ferry over the River of T. Ground or Landing-Places, Horse-Boats, Foot-Boat, Oars, Skulls, and Furniture to the said several Boats belonging: And all and singular other the Premisses whatsoever, in and by the said recited Indenture to him the said T. C. demised and granted, or mentioned to be demised and granted, with their and every of their Appurtenances, together also [Page 182] with the said recited Indenture: And all the Estate, Term, Interest, Claim, and Demand whatsoever of him the said T. C. of, in, and to the said Passage or Ferry-Boats, Ground, Landing-places, and Pre­misses,Habend. or any of them; To have and to hold the said Passage or Ferry-Boats, and Furniture, Ground, or Landing-places, and all and singular other the Premisses whatsoever, with the Appurtenances, unto the said J. N. and W. O. their Executors, Administrators, and Assigns, for and during all the rest and residue of the said Term of —years, yet to come and unexpired: Ʋpon special Trust Trust. and Confidence nevertheless, and to the intent and purpose, That they the said J.N. and W.O. their Executors, Administrators, and Assigns, shall suffer the said T.C. to use and enjoy the said Ferry, or Passage-Boats and Furniture, Ground, or Landing-places and Premisses: And to receive and take all the benefit and profit thereof to his own use, so long as they the said T. C. and the said T. his Wife shall both of them live; And that after the decease of either one of them, the said T.C. or T. his Wife, which soever shall happen first to die, they the said J.N. and W.O. their Executors, Administrators, and Assigns, shall dispose of all their Estate and Interest in the Premisses, in such sort manner and form, as the Survivor of them the said T. C. and T. shall appoint. And in the mean time, and in Default of such Appointment, shall stand possessed of the Premisses in Trust for the said Survivor of them the said T. C. and T. his or her Executors or Administra­tors.

And this Indenture also farther witnesseth, That the said T. C. (for the Consideration aforesaid) hath given and granted, and by these Presents doth give and grant unto the said J.N. and W. O. their Execu­tors and Administrators,A Grant of Houshold-stuff and Goods in Trust. All and singular his Houshold-stuff, and Implements of Houshold Linnen, Bedding, Brass, Pewter, and all other his Goods and Chattels whatsoever; To have and to hold the same unto the said J.N. and W.O. their Executors and Administrators upon Trust; That they shall permit him the said T. C. to use and enjoy the same so long as he the said T. C. and the said T. his Wife shall both live: And after the Decease of either of them, shall permit and suffer the Survivor of them the said T.C. or T. and the Executors and Admini­strators of such Survivor, to have and enjoy the same, and to dispose thereof, and convert the same to his or her ow use. In witness where­of, &c.

A Covenant (in nature of a Mortgage) upon a Surrender of Copyhold Land, to pay Money at a certain time.

THis Indenture, made, &c. Between Sir T.D. of T. in the Coun­ty of S. Knight, of the one part, and J. H. of L. Esquire, of the other part; Witnesseth, That whereas the said Sir T.D. hath now lately Surrender'd into the hands of the Lord, or Lords of the Man­nor of W. in the said County of S. by the Rod, according to the Cu­stom of the said Mannor, by the hands and acceptance of R. C. and E. M. two of the customary Tenants of the said Mannor; All that Messuage or Tenement, &c. All which Premisses are scituate in R. in the Parish of P. To the use of the said J. H. his Heirs and Assigns, to hold according to the Custom of the said Mannor; with a Proviso and upon Condition, That if the said Sir T.D. his Heirs, Executors, or Administrators, do, and shall well and truly pay, or cause to be paid unto the said J. H. his Executors or Administrators, the full sum of, &c. of, &c. in manner and form following; (that is to say)—Pounds, part thereof upon the — day of — now next ensuing the Date hereof, and — Pounds, residue thereof, upon the —Day of—which shall happen and be in the year of, &c. at or in the, &c. Then the said Surrender to be void and of none effect, as by a Note or Memorandum of the said Surrender, taken out of the Court, the day of the Date hereof (relation, &c.) more plainly appear­eth.

Now the said Sir T.D. doth for himself, his Heirs, Executors, and Administrators, Covenant, Promise, and Grant to and with the said J.H. his Executors and Administrators by these Presents; That he the said Sir T.D. his Heirs, Executors, or Administrators, shall and will well and truly pay, or cause to be paid unto the said J.H. his Executors or Administrators, the said sum of, &c. of, &c. at the Daies and Place, and in manner and form in the said Proviso, or Condition of the said Surrender, before recited, limited, and appointed for payment thereof.

And farther also, the said Sir T.D. for himself, his Heirs, Executors,A Covenant free from In­cumbrances. and Administrators, doth Covenant, Promise, and Grant, to and with the said J. H. his Heirs nnd Assigns, in manner and form following; (that is to say) That he the said Sir T. D. at the time at the making of the said Surrender before recited, had a good Estate of Inheritance in Fee-simple, according to the Custom of the said Mannor of W. of, and in all and singular the said Messuages, Lands, Tenements, Here­ditaments, and Premisses, b [...]fore mentioned to be Surrender'd; and had good Right, and lawful and absolute Power and Authority in himself to Surrender the same, and every part thereof; unto the said J.H. and his Heirs, in manner and form aforesaid: And that the same are free from all former Surrenders and Incumbrances whatsoever.

And farther also, that in Case he the said Sr. T. D. his Heirs, Exe­cutors, and Administrators, shall make any Default of or in payment of the said —Pounds in part or in all, at the days and place in the said Proviso or Condition, limited or appointed for payment thereof, That then, and from thenceforth, he the said J. H. his Heirs and Assigns, shall or lawfully may from time to time, and at all times freely, quietly, and peaceably have, hold, occupy, possess, and enjoy all and singular the said Messuages, Lands, and Premisses; and receive and take all the Rents, Issues, and Profits thereof, to his and their own proper use, without any manner of lett, trouble hindrance, denial, interruption, or disturbance of or by the said Sir T. D. his Heirs or Assigns, or any Person or Persons, claiming, or to claim, from, by, or under the said Sir T. D. And without any lawful lett, trouble, hindrance, de­nial, interruption or disturbance, of or by any other Person or Persons whomsoever.

And moreover also, That in Case of any such Default, in payment as aforesaid, he the said Sir T. D. his Heirs and Assigns, and all and every Person and Persons, having, or lawfully claiming any Estate, Right, Title, or Interest, of, in, or to the said Messuages, Lands, and Premisses, or any part thereof, by, from or under the said Sir T.D. or by, from or under Sir A.D. deceased Father of the said Sir T. shall and will from time to time, and at all times after any such Default made in payment as aforesaid; At and upon the reasonable request and proper Costs and Charges in the Law of the said J. H. his Heirs and Assigns, do,Further Assurance. make, levy, execute, acknowledge, and suffer all and every such farther and other reasonable Act and Acts, thing and things, for the farther, better and more perfect assuring, setling and confirming of the said Messuages, Lands and Premisses, and every part thereof, with the Appurtenances, unto the said J.H. his Heirs and Assigns: Be it by Fine or Common Recovery, according to the Custom of the said Mannor, Surrender, Release, or Confirmation, or all or any of the said ways or Means, or by any other ways or means in the Law what­soever, as by the said J.H. his Heirs or Assigns, or his or their Counsel Learned in the Law, shall be reasonably devised, advised, or required.

And lastly, It is hereby agreed by and between the said Parties to these Presents, That until some Default shall be made of or in Pay­ment of the said sum of—Pounds, in part or in all, in manner and form aforesaid, he the said J. H. his Heirs and Assigns, shall and will permit and suffer the said Sir T.D. his Heirs and Assigns, to receive and take all the Rents and Profits of the said Messuages, Lands and Pre­misses to his and their own proper use and behoof, without any Ac­count thereof to be made unto the said J. H. his Heirs and Assigns. In Witness, &c.

Bargain and Sale of Woods for payment of Debts.

THis Indenture made the &c. between R. B. of &c. of th' one part, and S. M. of &c. and S. B. of &c. of th' other part, wit­nesseth, That the said R. B. for and in consideration of the Sum of 5 s. of &c. to him in hand paid by the said S. M. and S. B. at or befor [...] the sealing and delivery of this present Indenture, the Receipt w [...]ereof the said R. B. doth hereby acknowledge, and for divers other good Causes and Considerations him thereunto especially moving, hath bar­gained and sold, and by these Presents doth bargain and sell unto the said S. M. and S. B. All that the moiety, and part and parts, purpartie and purparties whatsoever, of him the said R. B. of, in, and to all and singular the Timber-Trees, and other Trees, Woods, and Under-woods whatsoever, growing and being within the Mannor of B. in the said County of D. and all his Estate and Interest in the said Timber-Trees, and other Trees, Woods, and Under-woods, To have and to hold the said Moiety, part and parts, purpartie and purparties of the said Timber-Trees, and other Trees, Woods and Underwoods, and all and singular other the Premises whatsoever hereby bargained and sold, or mentioned to be bargained or sold, with their and every of their Ap­purtenances, unto the said S. M. and S. B. their Executors, Admini­strators, and Assigns for ever, as their own proper Goods and Chatels upon special Trust and Considence nevertheless,Upon trust to pay Debts. and to the intent and purpose, That the said S. M. and S. B. their Executors, Administra­tors, and Assigns, or some of them, shall and will by sale of the said Woods and Under-woods, levy and raise Moneys, and therewith pay and satisfie all and singular the Debts which the said R. B. dot [...] now owe of his own proper Debt by specialty or otherwise. In witness, &c.

Lease and Release by the Husband for a Provision for his Wife, and Portions for Children.

BY force and virtue of which said Indenture, and of the Bargain and Sale therein mentioned, and of the Statutes for transferring uses into possession, the said W. Lord M. and J. H. do now at the time of the sealing and delivery hereof stand lawfully possessed of, and in the said Capital Messuage, Tenement and Farm, Messuages, Lands, Tenements, part and parts, purparty and purparties, and other the Hereditaments and Premisses by the said recited Indenture, bargained and sold as aforesaid, for and during all the residue of the said Term therein yet to come and unexpired.

Now this Indenture witnesseth, That the said J C. for and in con­sideration of the natural love and affection which he beareth unto T. his now Wife, and unto his Children by her, and for other good [Page 186] Causes and Considerations him moving, Hath granted, remised, re­leased, aliened, enfeoffed, and confirmed, and by these Presents for him and his Heirs, doth grant &c. unto the said W. Lord M. and J. H. their Heirs and Assigns, All and singular the said Capital Messu [...]ge, Tenement and Farm, Messuages &c. herein before-mentioned, and in and by the said recited Indenture, bargained and sold, or mentioned &c. And also the Reversion &c. And also all and every the Estate and Estates, Right &c. To have &c. unto the said W. Lord M. and J. H. their &c. for ever, To the several uses, behoofs, &c. And to and for none other use &c. that is to say, To the use and behoof of the said J. C. for and during all the term of his natural life, without Im­peachment of &c. and with full power to do &c. And with such far­ther Powers &c. as are herein hereafter mentioned and expressed in that behalf. And from and after his decease, To the use &c. of the said W. Lord M. and J. H. their Executors, Administrators, and Assigns, for and during the full term of Two hundred years from thence &c. without Impeachment &c. upon such Trusts, and to and for such in­tents and purposes as are herein after expressed and declared; And from and after the determination of the said Estate for years, then To the use, &c. of James C. eldest Son of the said J. C. party to these Presents, and the Heirs-males of the Body of the said J.C. the Son, lawfully to be begotten; And for default &c. To the use and behoof of John C. second Son of the said J. C. party to these Presents, and the Heirs males of &c. And for default &c. To the use &c. of the said W.C. third Son of the said J. C. party to these Presents, and the Heirs males &c. And for default &c. To the use &c. of the sixth, seventh, eighth, ninth, tenth, and all other the Sons of the said J. C. succes­sively &c. And for default of such Issue, To the use &c. of the right Heirs of the said J. C. for ever.

And it is hereby declared and agreed between the said Parties &c. That the said Term and Estate, so as aforesaid limited unto the said W. Lord M and J. H. their Ex [...]cutors &c. for the said Term of Two hundred years,Upon trust to raise 2000 l. is upon this sp cial Trust and Confidence; And to the the intent and purpose, that they the said W. Lord M. and J. H. their Executors &c. shall by, with and out of the Rents, Issues, and Profits of the said Messuages, Lands, Tenements, Hereditaments and Pre­misses, or by sale or demise thereof, or of any part thereof, for all or any part of the said Term, or otherwise as to them shall seem meet, levy, and raise the sum of Two thousand pounds of lawful &c. for the said T. now the Wise of the said J. C. in case she shall survive her said Husband, to be paid unto her within &c. after the Decease of the said J.C. if she shall be then living; And also levy and raise the sum of Two thousand pounds &c. of like Money for C. eldest Daughter of the said J. C. for her Portion; And the sum of Fifteen hundred pounds of &c. for T. one other of the Daughters of &c. And the sum of One thou­sand pounds of &c. for W. C. one of the Sons of &c. for his Portion; And the sum of One thousand pounds a piece of &c. for every other of the Sons and Daughters of the said J. C. which he now hath, or here­after shall have on the Body of the said T. his Wife, begotten or to be begotten, for their several Portions; All which said several sums of Money so to be raised for Portions for all the said several Sons and Daughters of the said J. C. shall be paid unto them respectively in such [Page 187] sort, manner, and form as is herein after mentioned; That is to say, Such of the said Sons and Daughters as shall be unmarried, or under the Age of One and twenty years at the time of the Decease of the said J. C. shall have his, her, or their respective Portion, or Porti­ons, paid unto him, her, or them respectively, at the day or days of his, her, or the [...]r respective Marriage or Marriages, or at his, her, or their respective Age or Ages of One and twenty years, whichsoever of them shall first happ [...]n; And such of the said Sons and Daughters as shall be marr ed, or shall have attained his, her, or their Age or Ages of One and twenty years, in the life time of the said J. C. their Father, shall have his, her, or their Portion or Portions paid unto him, her, or them, within &c. after the Decease of the said J. C.

Provided always nevertheless, and it is hereby declared and a­greed by and between &c. That in case any of the said Sons or Daugh­ters to whom any such Portion or Portions are so appointed to be paid, shall be pre [...]erred in Marriage in the life time of the said J. C. their Father; And that he the said J. C. shall have bestowed or given any Portion or Portions with him, her, or them, upon such his, her, or their Marriage; Or in case any of the said Sons or Daughters shall happen to dye, either in the life time of their said Father, or after his Decease, in the life time of the said T. their Mother, and before their Portions shall become due to be paid by the true meaning of these Presents, That then the Portion or Portions, of him, her, or them so dying, or that shall have had a Portion or Portions bestowed upon him, her, or them by the said J. C. in his life time, shall cease, and not be paid; Any thing, Trust, or other thing herein before expressed to the con­trary notwithstanding.

And upon this further Trust and Confidence, and it is hereby further declared, That the said W. Lord M. their Executors &c. shall also out of the Profits of the said Lands and Premisses, or by such means as aforesaid, pay and allow unto the said T. Wise, of the said J. C. and unto every of the said Sons and Daughters respectively, Interest after the rate of 6 l. per Cent. To pay Inter­est from the Decease of the Husband. yearly for the forbearance of the said several sums of Money and Portions respe­ctively, from the time of the Decease of the said J. C. until such sums of Money and Portions shall be paid unto him, her, or them respectively, which Interest Money shall be paid them duly, by half-yearly payments, during the said time.

And it is hereby also declared and agreed, by and between all the said Parties to these Presents, That all the Surplus of the Profits, or of any Moneys any way to be raised by, with, or out of the said Messuages, Lands, Tenements, Hereditaments, and Premisses, if any such Surplus shall be after all the said Portions and Summs of Money paid or raised, shall go and be imployed for the Benefit of the Heirs of the said J. C.

Proviso for li­berty to let Leases. Provided always, and it is hereby declared, meant, and agreed, by and between all and every &c. and the farther intent and meaning of them, and every of them, and of these Presents is, That the said J. C. shall have full Power, Liberty, and Authority, and that it shall and may be lawful to and for the said J. C. from to time, during his natural Life, by any Deed or Deeds, Writing or Writings, under his Hand and Seal, to be subscribed and Sealed by him in the presence of two or more credible Witnesses, To demise, lease, limit, and appoint the said Messuages &c. herein before-mentioned, or any of them, or any part or parcel thereof, or of any of them, to any person or persons, for any term or terms of years not exceeding One and thirty years, or for the life or lives of any one, two, or three person or persons, or for any term or number of years determinable by the death of any one, two, or three, person or persons, therein to be named, to commence and take effect in Possession, and not in Reversion; And reserving there­upon the ancient yearly Rent or Rents, and Services which have been usually heretofore reserved for the same Premisses or more.

And it is hereby declared and agreed by and between all and every &c. That from and immediately after such Lease or Leases so made, these Presents shall enure, and be as concerning the Premisses so to be demised and letten; and the said W. Lord M. and J. H. and their Heirs, shall from henceforth stand and be seized thereof, to the seve­ral and respective uses of such Lessees, their Executors, Administra­tors, or Assigns, according to the purport and true meaning of the said Deeds or Writings so leasing, limiting, or appointing the same, and of the Reversion or Reversions hereof, during the said Leases, Terms, and Estates, and of the Premisses themselves, after such Leases, Terms and Estates shall be ended and determined, and as the same respectively shall end and determine, To the use and behoof of such person and per­sons, and for such Estate and Estates, and upon such Trusts, and in such sort, manner, and form as the same are hereby declared, and as the same should have been if such Leases, Terms, and Estates so to be made by virtue of these Presents, had not at all been.

Rental of a Lease from the Company of Ironmongers. And whereas the Master and Keepers, or Wardens and Commonal­ty of the Mystery or Art of Ironmongers of London, by their Inden­ture bearing date the &c. Did demise unto T. C. Citizen and Ironmon­ger of L. one House, heretofore two Houses, in the Parish of &c. To have &c. from the Feast of &c. for the Term of Sixty years from thenceforth &c. The Interest of which said Lease, and the Estate and Term yet to come and unexpired, is since by good and lawful means come unto the said J. C. And whereas also a Lease was heretofore made by T. Earl of S. unto one W. G. Esq; of a parcel of Ground cal­led &c. by Indenture bearing date the &c. To hold from M. then last past for the Term of One and thirty years, as &c. Which said parcel of Ground &c. the said W.G. did afterwards by his Indenture bearing date &c. Grant and Assign to the said J. C.

Assignment. Now this Indenture further witnesseth, That the said J. C. for the Consideration aforesaid, hath granted, assigned, and set over, and by these Presents do grant, assign, and set over unto the said W. Lord M. and J. H. their Executors &c. All and singular the said Houses in the Parish of St. O. aforesaid, with their and every of their Appurtenan­ces, and all the Estate, Term and Interest of him the said J. C. of, in, [Page 189] and to the same; And all and singular other the Messuages, Houses, E­disices, Buildings, Lands, Tenements, and Hereditaments whatsoever of him the said J. C. or whereof or wherein he hath any Lease, Inter­est, or Term of years, situate and being in the said Parish of &c. And also all and singular the said parcel of Ground called the &c. and all the Houses, Edifices, and Buildings thereupon built, situate, called and be [...]ng in B. aforesaid. And all and singular other the Messuages, Houses, Edifices, Buildings, Lands, Tenements, Rents, and Hereditaments whatsoever of him the said J. C. or whereof or wherein he the said J. C. hath any Manner of Estate, Interest, Lease, or Term of years, si­tuate and being in B. aforesaid, in the said Parish of &c. in the Coun­ty of M. And all and every the Estate, Right, Title, Interest, Trust, Term of years, claim and demand of him the said J. C. either in Law or Equity, of, in, and to the said Messuages, Houses, Edifices, Build­ings Lands, Tenements, Rents, and Hereditaments, or any of them, To have &c. all and singular the said Messuages &c. whatsoever,Habend. in the said Parish of St. O. London, and in B. aforesaid in the said Parish of St. G. in the said County of M. with their and every of their Appur­tenances unto the said W. Lord M. and J. H. their Executors, Admi­nistrators, and Assigns, for and during all such Term and Terms of years, as in the said respective Orig [...]nal Leases thereof are yet to come and unexpired, or for which the said J. C. his Executors, Administra­tors, or Assigns can, or may hold the same, Ʋpon special Trust and Confidence nevertheless, and to the intent and purpose, That they the said W. Lord M. and J. H. their Executors, Administrators, and As­signs, shall permit and suffer the said J. C. during his natural life, to receive and take all the Rents, Issues, and Profits thereof; And that after his Decease they shall imploy all the Rents, Issues, and Profits thereof, or otherwise at their discretions sell or dispose of all, or any part of their Estate or Estates, Term and Terms in the Premisses, or a­ny part thereof, for the more speedy performance of the Trusts here­in before declared concerning the said Term of Two hundred years herein before mentioned, of other the Messuages, Lands, and Premis­ses herein before conveyed, (viz.) for the more speedy raising of the Portions and Sums of Money herein before appointed to be raised and paid; And upon further Trust, and to the intent that after all the said Portions and Sums of Money shall be levied and raised, They the said W. Lord M. and J. H. their Executors, Administrators, and Assigns, shall out of the rest of the Profits of the Premisses in St. O. and in B. aforesaid, or by Sale of their Estate therein, [...]or otherwise levy and raise &c. pounds for the said J. C. the Son, if he shall be living, Or else for such other person as shall be their right Heir at Common-Law unto the said J. C. party to these Presents, to be paid unto the said J. C. the Son, or such other person, when he or they shall have at­tained their Age of One and twenty years.

Provided nevertheless, That if the said next Heir, for whom the said last mentioned Sum of &c. is hereby intended, shall be any of the other Sons of the said J. C. for whom any other Portion is herein before ap­pointed, that then such other Portion so for him herein before appointed to be raised, shall be reckoned and accompted as part of the said Sum herein appointed to be paid him, as the Heir at Common Law as a­foresaid.

And the said J. C. doth hereby farther for himself, his Heirs, Ex­ecutors, Administrators, and Assigns, Covenant,Covenant. Promise, and Grant, to and with the said W. Lord M. and Jo. H. their Heirs, Ex­ecutors, and Administrators by these Presents, That in Case he the said J.C. shall at any time hereafter, during his life, purchase any Mannors, Lands, Tenements or Hereditaments, either in his own Name, or in the Name of any other Person or Persons in Trust for him, That then he shall settle the same, or cause the same to be set­tled in such sort, as that the Profits thereof, after his Decease, shall go and be imployed for the more speedy raising of the said Portions and Sums of Money herein before mentioned.

And also that he the said J.C. shall and will dispose of all his Personal Estate, whereof he, or any other person or persons in trust for him, shall be possessed at the time of his Decease, for and towards the better and sooner raising of the Portions and Sums of Money herein beforementioned, according to the true intent and meaning of these Presents; But that the same being raised, the Residue and Surplus of the said Personal Estate and Lands so purchased, shall be and remain to and for such other purposes and intents, as he shall appoint concern­ing the same.

And it is hereby declared and agreed by and between the said Par­ties to these Presents, That in Case the said J.C. shall at the time of his Decease leave a Personal Estate, sufficient for payment of all the said Portions and Sums of Money herein before mentioned, and shall accordingly dispose thereof, or such part thereof as shall be sufficient for that purpose, so as all the said Portions and Sums of Money shall be satisfied; As also in Case that by and with the said Personal E­state, or any part thereof, or the Rents and Profits of the Premisses, or by Sale or Demise thereof, or any part thereof, or otherwise the said Portions and Sums of Money shall be satisfied and paid, according to the true intent and meaning of these Presents; And that the said Pre­misses, or any part thereof shall remain unsold, and not disposed of for the purposes aforesaid, That then the said Term and Estate for Two hundred years herein before mentioned, of the Premisses so li­mited for the said Two hundred years, or such part thereof as shall so remain unsold and not disposed of, shall be surrender'd unto the said J. C. the Son, or to such other Person to whom the next and imme­diate Estate of Inheritance of the Premisses shall, for the time being, be­long or appertain by the true meaning of these Presents; And that then also the said W. Lord M. and J. H. their Executors, Administrators, and Assigns, shall dispose of the said Houses and Premisses in O. and in B. aforesaid, such part thereof as shall so remain unsold, and not disposed in such sort as the Executors or Administrators of the said J.C. shall appoint.

Proviso to re­voke the Trusts with Consent of the Wife. Provided always, and it shall and may be lawful to and for the said J. C. from time to time, and at any time or times during his life, by his Writing or Writings by him signed and fealed, to which the Name of the said T. his Wife shall be indorsed and written by her with her own Hand, as a Witness thereunto, to revoke or alter all or any of the Trusts herein before limited or appointed, or to limit any other, or new Trusts of or touching the Premisses, or any part thereof.

Provided also, And it is hereby conditioned, declared, and agreed, [Page 191] by and between the said Parties to these Presents, and the true intent and meaning of them, and every of them, and of these Presents is, That if the said J. C. shall at any hereafter during his life, pay or ten­der unto the said T. his Wife, the Sum of — to the intent to make void this Indenture, and all the Estates, Uses, Grants, and Assign­ments hereby made and granted; And shall declare such his Intenti­on by Word or Writing, in the presence of three Credible Witnesses or more, That then and from thenceforth this present Indenture, and all the Estates, Uses, Grants, and Assignments hereby made and grant­ed; And all the Covenants and Agreements herein before expressed, shall cease and be void, Any thing herein contained to the contrary notwithstanding.

Demise made for Security against Recognizances, &c.

THis Indenture made the —day of &c. between the Right Honourable F. Earl of S. the Right Honourable W. Earl of S. Sir G. B. of B. in the County of D. Baronet &c. of the one part, And the Honourable G. T. Esq; brother of the said F. Earl of S. and Fr. A. of P. Castle in the County of H. Gent. of the other part. Whereas the said G. T. standeth bound with the said Fr. E. of S. and for the proper Debt of him the said F. Earl of S. unto C. W. second Son of Sir G.W. late of B. &c. aforesaid, now deceased, in one Recognizance Obligatory in the Nature of a Statute Staple, in the penal Sum of 3000 l. bearing date the—day of J. in the year of our Lord, acknowledged before H.R. Lord Chief Justice of the Court of Kings Bench at W. defezanced for the payment of certain Sums of Money at certain days since past.

And whereas the said G. T. and F. A. together with the said F. Earl of S. and for the proper Debt of him the said Earl, stand jointly and se­verally bound in one Bond or Obligation, bearing date the — day of &c. in the said year &c. unto W. F. of P. in the County of S. Esq; in in the penal Sum of 2000 l. conditioned for the payment of 1000 l. or thereabouts, at a day also since past; And whereas a great part of the Debts for which the said Recognizance and Bond were severally entred into, are paid off and discharged; And whereas the said G. T. standeth bound with the said F. Earl of S. unto H. S. of L. Dr. in Physick, and A. T. of the Parish of &c. in one Recognizance Obligatory in the na­ture of a Statute Staple in the penal Sum of 2000 l. bearing date &c. acknowledged before O. St. J. Lord Chief Justice of the Court of Com­mon Bench at W. which said Recognizance was entred into for perform­ance of Covenants mentioned and expressed in one Indenture of Defe­zance bearing even date therewith:

Now this Indenture witnesseth, That for the saving harmless, and indempnifying the said G. T. and F. A. and their respective Heirs, Exe­cutors, and Administrators, of, from, and against the said several Re­cognizances and Bond, and the payment of all such Moneys as yet re­main unpaid, for which the same were so respectively entred into as a­foresaid, and of and from all manner of Sums of Money, Debts, Penal­ties, [Page 192] Forfeiture, and other Pains contained in the same, or that may in any wise be or arise against them the said G.T. and F.A. their Heirs, Ex­ecutors, or Administrators, or against their Lands, Goods, or Chattels, by reason of the said several Securities so entred into as aforesaid. And for and in consideration of the Sum of 5 s. of lawful &c. to the said F. Earl of S. W. Earl of S. Sir G. B. &c. in hand paid by the said G.T. and F.A. at or before the sealing and delivery of this present Indenture, the Receipt whereof they do hereby acknowledge, He the said F. Earl of S. and they the said W. Earl of S. Sir G.B. &c. (at the request, and by and with the consent of the said F. Earl of S.) Have demised, granted, bargained and sold, and by these Presents do demise,Demise. grant, bargain and sell unto the said G. T. and F. A. their Executors, Administrators, and Assigns, All those the moieties of the Mannors of H. &c. with their and every of their Appurtenances in the County of Y. And the Re­version and Reversions, Remainder and Remainders thereof, and all Rents, Services, and Profits thereunto incident and belonging, To have and to hold the said Moieties of the said Mannors and Lands,Habend. and all and singular other the Premisses hereby demised, or mentioned to be demi­sed, with their and every of their Appurtenances, unto the said G.T. and F. A. their Executors, Administrators, and Assigns, from the day next before the day of the Date hereof, for and during the Term of 500 years from thence next ensuing, and fully to be compleat and ended without Impeachment of or for any manner of Wast.

Proviso if secu­red against the Recogn' &c. this Lea to be void. Provided always, and these Presents are upon this Condition never­theless, That if the said Fr. Earl of S. his Heirs, Executors, Admini­strators, or Ass [...]gns, or any of them, shall well and truly acquit, discharge, save harmless, and indempnifie the said G. T. and F. A. and either of them, their, and either of their Executors and Administrators, and e­very of them, against the said C. W. W. F. H. S. and A. T. and every of them, their, and every of their Executors, Administrators, and As­signs, of, from, and in respect of the said several Recognizances and Bonds, and every of them so entred into as aforesaid, and of and from all manner of Sums of Money, Debts, Penalties, Forfeitures, and other Pains contained in the same, or that may in any wise be or arise against them the said G. T. and F. A. or either of them, their, or either of their Heirs, Executors, Administrators or Assigns, or against their, or either of their Lands, Goods, or Chattels, by reason of the said seve­ral Securities so entred into as aforesaid, That then and from thence­forth this present Indenture, and all and every the Term and Estate hereby made and granted, or mentioned to be made or granted, shall cease and be void, Any thing herein before contained to the contrary thereof notwithstanding.

And the said G. T. severally for himself, his Executors, and Admini­strators,Covenant to enjoy till mo­lested or sued. And the said F. A. severally for himself, his Executors and Ad­ministrators, and not jointly, nor one for the other, or for the Acts of the other, or of the Executors or Administrators of the other, but for their own Acts only, do covenant, promise, and agree to, and with the said Fr. Earl of Sh. W. Earl of St. Sir G. B. &c. their Executors, Admi­nistrators, and Assigns, by these Presents, That until such time as the said G.T. and F. A. or one of them, their, or one of their Executors, Ad­ministrators, or Assigns, shall be sued or molested upon or by reason of the several Securities aforesaid, or some, or one of them, they the [Page 193] said F. Earl of S.W. Earl of St. Sir G.B. &c. their Heirs, Executors, and Assigns, respectively, according to their respective Interests in the Premisses, and as they might have done if these Presents had been made, shall, or lawfully may, quietly and peaceably have, hold and enjoy the said several Moieties and Premisses hereby demised, or men­tioned to be demised, without the lett or interruption of them the said G.T. and F.A. or either of them, their or either of their Executors, Administrators or Assigns, and without any Account to be given unto them, or either or any of them, for or concerning the same.

And the said F. Earl of Sh. for himself, his Heirs, Executors,Covenant to save harmless from the said Arearages and Securities. Admi­nistrators and Assigns, and for every of them, doth Covenant, Pro­mise and Grant, to and with the said G. T. and F. A. their Executors, Administrators and Assigns by these Presents; That he the said F. Earl of Sh. his Heirs or Assigns, shall and will acquit, save harmless, and indemnifie the said G.T. and F.A. their Executors, Administrators and Assigns, and every of them, against the said C.W. W.F. H.S. and A.T. and every of them, their and every of their Heirs, Executors and Ad­ministrators, of and from the said several Recognizances and Bonds, and every o [...] them so entred into, as aforesaid, and of and from all and all manner of sums of Mony, Debts, P [...]na [...]ties, Forfeitures, and other Pains contained in the same, or that may in any wise be or arise against them the said G.T. and F.A. or either of them, their or either of their Heirs, Executors, Administrators or Assigns, or against their Lands, Goods or Chatt [...]ls, by reason of the said several Securities so entred into, as aforesaid. In witness, &c.

A Revocation according to a Power.

TO all People to whom, &c. Sir R.C. of, &c. sendeth, &c. Know ye, that the said Sir R. C. for divers weighty Causes and reasonable Considerations him moving, according to the Power to him given and reserved, in and by one Indenture bearing Date the, &c. made or men­tioned to be made between him the said Sir R.C. of the one part, and J.D. of, &c. Knight, and Sir H.W. of, &c. Knight, of the other part, and by virtue thereof, and of all and every other Power and Powers, and Authorities, which to him the said Sir R. C. doth or may [...]n any wise belong or appertain in this behalf, Doth by this present Deed, signified with his own Hand, and Sealed with his Seal, and testified by all the Witnesses whose Names are hereupon Indorsed, Revoke and make void all the Estate or Estates, in or by the said Indenture, made or mentioned to be made, of or in all and every the Castle, Mannor, Lands, Tenements, Hereditaments and Premisses in the said Indenture mentioned: And the said Sir R.C. doth also hereby Declare, that the said Estate or Estates, are and shall be hereby revoked and made void. In witness, &c.

This Indorsement on the Deed above, (viz.)

Memorandum, That the within named Sir R. C. did sign with his own hand, and seal with his Seal, and deliver as his Deed this present Writing: And did at the time of his Declaration therein and Sealing thereof,Trustees. pay unto A. B. to the use of C.D. and T. G. within named, one Shilling of lawful English Money.

Revocation of the Husband with the Consent of the Wife, according to a Power.

This is to be dated the Day before the new Indenture of Settlement, and to be exe­cuted immedi­ately before the Sealing of the Indenture. TO all People, &c. Sir R.C. of, &c. sendeth, &c. Know ye, That the said Sir R. C. for divers weighty Causes and Considerations him moving, according to the Power to him given, and reserved in and by one Indenture bearing Date the—of—in the year, &c. made or mentioned to be made between him the said Sir R. C. of the one part, and T.D. of, &c. Esquire, and R. G. of, &c. Clerk; and by virtue thereof, and of all and every other Power and Powers, and Authori­ties, which to him the said R. C. doth or may in any wise belong or appertain in this behalf; Doth by this present Deed or Writing, Sealed and Delivered in the Presence of all the Witnesses whose Names are Indorsed, and by and with the Consent and Approbation of Dame M.C. his Wife, testified by her Signing and Sealing' of these Presents, in the presence of all the Witnesses whose Names are In­dorsed hereupon, and also testified by another Writing under her Hand and Seal, bearing even Date with this present Writing in the presence of all the Witnesses whose Names are Indorsed upon the said other Writing,Revocation. Revoke all the Uses and Estates by the said Inden­ture, limited, declared, or appointed to any Person or Persons; And doth hereby limit all and singular the Castle, Mannors, &c. in the said Indenture mentioned; To the use and behoof of him the said Sir R. C. his Heirs and Assigns for ever. In witness whereof, &c.

Testimonial of the Wives Consent.

THis Writing under the Hand and Seal of Dame M. C. Wife of Sir R.C. of, &c. Baronet, in the presence of all the Witnesses Names are hereupon Indorsed, testifieth the Consent and Approbation of the said Dame M.C. for the said Sir R. C. her Husband, to Revoke all the Uses and Estates, limited, declared or appointed to any Person or Persons, by one Indenture bearing Date, &c. made or mentioned to be made between the said Sir R.C. of the one part, and Th. D. of D. in, &c. Esquire, and R. G. of, &c. Clerk, of the other part: And to limit, declare or appoint the Castle, Mannors, &c. in the said Inden­ture mentioned, or any part or parcel thereof; To the use of the said Sir R.C. his Heirs and Assigns, or to limit, declare or appoint any new or other Estate or Estates, Use or Uses of the said Castle, Mannors, &c. or of any part or parcel thereof, to any Person or Persons whom­soever, at his will and pleasure. In witness, &c.

Another Revocation according to a Power.

TO all People to whom, &c. Know ye, That the said A. B. accord­ing to the Power to him given and reserved in and by one Inden­ture, bearing Date, &c. made, or mentioned to be made, between the said A.B. of the one part, and C.D. and E. F. of the other part; and by virtue thereof, and of all and every other Power and Powers, and Authorities, which to him the said A. B. doth or may in any wise be­long or appertain; Doth by this present Writing under his Hand and Seal, testified by those whose Names are hereupon Indorsed as Wit­nesses, Revoke and make void all and every the Use and Uses, Estate and Estates, in or by the said recited Indenture, or in or by any other Indenture, Deed or Deeds Indented or Poll, or in or by any other Writing or Writings, declared, limited, or appointed, of or concern­ing all that, &c.

And the said A.B. doth hereby declare and appoint, That he the said A.B. and his Heirs, and all and every other Person or Persons, standing or being seised of and in the said several Closes and Premisses, shall and will from henceforth stand and be seised thereof, and of every part and parcel thereof; To the use of him the said A. B. and of his Heirs and Assigns before-named; and to no other use, intent, or purpose whatsoever. In witness, &c.

Provided always,Proviso, The Wife to have liberty to de­mise, &c. or dispose by her Will, notwith­standing Co­verture. and it is hereby declared and fully agreed by and between all the said Parties to these Presents, That it shall and may be lawful to and for the said Dame M.C. and the said Dame M. shall have full Power, Liberty, and Authority, at any time or times hereafter, during her life, whether she shall be sole or married; and notwith­standing [Page 196] her Coverture, by any Deed or Writing, Deeds or Writings, by her signed and sealed in the Presence of three or more credible Witnesses, or by her last Will in Writing, or any Writing purporting to be her last Will; To grant, lease, limit, demise, prout in the Sce­dule.

Covenant, that it shall be lawful for Trustees to deduct for Charges. And lastly it is hereby declared and agreed, by and between the said Parties to these Presents; That it shall and may be lawful to and for the said Sir T.H. J.N. &c. their Executors, and Assigns, from time to time out of the Profits of the said Premisses herein before to them limited in Trust to be by them received, as is before mentioned, or the Monies to be by them raised out of the same Premisses; To de­duct, defalk, and detain All such Monies as shall be sufficient to make a full and liberal recompence and satisfaction for all such Costs, Char­ges, and Expences, as they or any of them, or their, or any of their Agents or Servants, shall expend, sustain, or be put unto for or by reason, or in respect of the Execution and performance of the said Trust or otherwise in any kind relating to the said Trust; Any thing herein before contained to the contrary notwithstanding.

A Settlement upon a Marriage by Lease and Re­lease.

THis Indenture, made the, &c. Between W. P. of, &c. of the one part, and H. S. of, &c. and F.S. of, &c. Son and Heir appa­rent of the said H. S. of the other part: Whereas a Marriage is in­tended by the Grace of God to be shortly hereafter had and solem­nized, between the said W. P. and S. S. Daughter of the said H S. And whereas also, the better to enable the said W. P. to grant, release, and convey the Mannors, Messuages, Lands, Tenements, and Heredi­taments, herein after-mentioned, unto the said H. S. and F. S. and their Heirs, to such uses, intents and purposes, and in such sort manner and [...]orm, as the same are herein after-mention'd, to be by these Presents granted, released and conveyed. He the said W.P. by his Indenture of Bargain and Sale, bearing Date the day next before the day of the Date hereof, in Consideration of the Sum of—therein mentioned, Did bargain and sell unto the said H. S. and F. S. All those the Mannors, Lordships and Farms of P.S. B.B. and A. in the said County of B. with their and every of their Rights, Members and Appurtenances: And all and singular the Capital Messuages, commonly called or known by the Name of P. Place and B. with their and either of their Ap­purtenances in the said County of B. And all Messuages, Houses, &c. whatsoever, to the said several Mannors, Lordships, Farms, and Capi­tal Messuages, or any of them respectively belonging, or, &c. And also, all those the several Rectories or Parsonages of P. and Little M. with their and either of their Appurtenances; and all Glebe Lands, Tithes, Pensions, Portions, Oblations, Obventions, Profits, Fruits and Emoluments to the same belonging, or in any wise appertaining in the [Page 197] said County of B. Together also with the several Advowsons, Pa­tronages, Rights of Patronage, Gifts, Presentations, and free Dispo­sitions, of, in and unto the several Vicarages of the several Churches of P. and Little M. aforesaid. And also all and singular other the Mannors, Lordships, Farms, Messuages, Rectories, Advowsons, Tithes, Lands, Tenements, Rents, Reversions and Hereditaments whatsoever, of him the said W.P. or whereof, or wherein he or any other Person or Persons whomsoever, in Trust for him or for his use, now hath, or ever had any manner of Estate of Inheritance in Possession, Rever­sion or Remainder, situate, lying, being, coming, growing, happen­ing, arising or renewing within the Mannors Lordships, Towns, Pa­rishes, Villages, Hamlets, Liberties, Precincts, Territories or Places of P. Little M.B.D.W.C. and A. and in every or any of them, or else­where in the said County of B. And also all and singular Houses, Edi­fices, Buildings, Barns, Stables, Yards, Orchards, Gardens, Backsides, Lands, Tenements, Meadows, Leasows, Pastures, Feedings, Closes, Inclosures, Woods, Underwoods, Trees, Rents, Reversions, Ways, Paths, Waters, Streams, Fishings, Fishing-places, Water-courses, Parks, Chases, Warrens, Wastes, Commons, Furzes, Heaths, Moors, Common of Pasture and Turbary, Sheep-walks, Foldage, Suit-multure, Courts-Baron, Courts-Leet, View of Frank-pledge, Perquisites and Profits of Courts and Leets, Knights-Fees, Wards, Marriages, Homages, Fealties, Reliefs, Escheats, Heriots, Fines, Amerciaments, Goods and Chattels of Felons, and Fugitives, of Persons Attainted, and of Persons Out-lawed and put in Exigent, and of Felons de se, Deodands, Waifs, Estrays, Treasure-trove, Markets, Fairs, Profits and Tolls of Markets and Fairs, Fines, Forfeitures, Mines, Quarries, Delfs; And all other Royalties, Franchises, Liberties, Rights, Jurisdictions, Priviledges, Immunities, Profits, Commodities, Emoluments, Advantages, Easements, Heredi­taments and Appurtenances whatsoever, to the said several Mannors, Lordships, Farms, Rectories, Lands, Tenements and Premisses, or to any of them, or to any part or parcel of them, or any of them respe­ctively, lying, being, belonging, or, &c.Habend. To have and to hold the said Mannors, Lordships, Farms, Rectories, Messuages, Lands, Tene­ments, Tithes, Rents, Reversions, Services, Hereditaments, and all and singular other Premisses whatsoever, thereby bargained and sold, with their and every of their Appurtenances unto the said H. S. and F.S. their Executors, Administrators and Assigns, from the first day of this instant—for and during the full Term of One whole year, from thenceforth next ensuing, and fully, &c. as in and by the said In­denture (relation, &c.) appear, By force and virtue of the said Inden­ture, and of the Bargain and Sale therein mentioned, the said H.S. and F. S. do now at the time of the Sealing and Delivery hereof, stand lawfully possessed of and in the said Mannors, Lands, Tenements, He­reditaments and Premisses whatsoever, thereby bargained and sold, for and during all the residue of the said Term therein yet to come and unexpired.

Now this Indenture witnesseth, That in ConsiderationConsideration. of the said Marriage, and of the Sum of 3000 l. of lawful, &c. to the said W. P. in hand paid by the said H.S. at and before the Sealing and Delivery of this present Indenture, for the Marriage-Portion of the said S. S. his Daughter. The Receipt of which Sum the said W. P. doth hereby [Page 198] acknowledge; and thereof, and of every part thereof, doth clearly and absolutely acquit, exonerate and discharge the said H. S. his Exe­cutors and Administrators, for ever by these Presents. And for the setling and assuring of a competent Joynture and Maintenance for the said S.S. durig her life: And also for the setling, conveying, and assuring of all and singular the said Mannors, Lordships, Farms, Messu­ages, Lands, Tenements, Rectories, Tithes, Hereditaments and Pre­misses, in such sort, manner and form, and to and for such uses, intents and purposes, as the same respectively are herein after-mentioned, to be setled and conveyed: And for divers other good Causes and Con­siderations, him the said W. P. especially moving, He the said W. P. hath granted,Habend. remised, released, aliened, enfeoffed and confirmed, and by these Presents, for him and his Heirs, doth grant, remise, release, alien, enfeoff and confirm unto the said H.S. and F.S. their Heirs, and Assigns: And also, All and singular the said Mannors, Lordships, Farms, Mes­suages, Rectories, Advowsons, Lands, Tenements, Tithes, Rents, Re­versions, Services, and all and singlar other the Hereditaments and Premisses whatsoever, with their and every of their Appurtenances in and by the said recited Indenture bargained and sold, or mentioned to be bargained and sold.

And also the Reversion and Reversions, Remainder and Remainders thereof, and of every of them: And all Rents, Services and Profits, to them or any of them, incident, belonging or appertaining. And also all and every the Estate and Estates, Right, Title, Interest, Use, Possession, Property, Trust, Claim and Demand whatsoever, of the said W.P. of, in and to all and singular the said Mannors, Lordships, Farms, Re­ctories, Advowsons, Messuages, Lands, Tenements, Tithes, Heredi­taments and Premisses whatsoever, hereby granted, or mentioned to be granted,Habend. and of, in, and to every part and parcel thereof; To have and to hold the said Mannors, Lordships, Farms, Rectories, Advowsons, Messuages, Lands, Tenements, Tithes, and all and singular other the Hereditaments and Premisses whatsoever, hereby granted, or men­tioned to be granted, with their and every of their Appurtenances, unto the said H. S. and F. S. their Heirs and Assigns for ever; To the several uses, behoofs, intents and purposes, and with and under the several Limitations, Powers, Authorities, Liberties, Proviso's and A­greements hereafter, in and by these Presents declared, mentioned li­mited and expressed: And to and for none other use, intent or purpose whatsoever; that is to say, As for and concerning the said Mannor of B. and the said Farm or Tenement called B. and all the Lands and Hereditaments thereunto belonging, with the Appurtenances: And the said Rectory or Parsonage of Little M. aforesaid, with all the Glebe-lands, Tithes, Profits, Commodities, Hereditaments, and Ap­purtenances whatsoever, thereunto belonging; Together also with the said Advowson, Gift, Presentation and Right of Patronage, of, in and to the said Vicarage of the Church of Little M. aforesaid: And the Reversion and Reversions, Remainder and Remainders of the said Mannor, Farm or Tenement, Rectory, Advowson, and Premisses last mentioned; To the only use and behoof of the said W.P. his Heirs and Assigns for ever; and to none other use or uses, intent or purpose-whatsoever.

And as for and concerning all and singular the said Mannors, Lord­ships, Farms, Messuages, Rectories, Advowsons, Lands, Tenements, Tithes, Rents, Reversions, Services, Hereditaments and Premisses whatsoever, hereby granted, released and conveyed, or mentioned to be granted, released or conveyed, with their and every of their Appur­tenances: And the Reversion and Reversions, Remainder and Re­mainders thereof, and of every of them; other than the said Mannor of B. and the said Farm or Tenement called B. and the said Rectory of Little M. and the Advowson or Vicarage of the Church of Little M. aforesaid, To the use and behoof of the said W. P. for and during the Term of his Natural life, without impeachment of or for any man­ner of Waste, and with full power to do and commit Waste: And with such farther Powers, Liberties, Authorities and Prov [...]so's, as is herein after-mentioned and expressed. And from and after the deter­mination of that Estate, To the use and behoof of H. K. of the Inner-Temple L. Gent. his Heirs and Assigns, for and during the Natural life of the said W.P. upon Trust only, for preserving the contingent Uses and Estates herein after-limited, and to make Entries for the same, if it shall be needful: But that the said H. K. his Heirs or Assigns shall not convert the Rents, Issues or Profits thereof, or any part thereof, to his or their own use.

And from and immediately after the death of the said W. P. to the intent and purpose that the said S. S. shall and may have and yearly receive, take and enjoy from and immediately after the death of the said W.P. for and during all the Term of her Natural life, for and in the Name of her Joynture, and in full recompence, lieu, and satisfaction of all the Dower which she may, or otherwise might claim, have or challenge, in all or any the Mannors, Lands, Tenements, or Hereditaments of the said W. P. her intended Husband, one Annuity or yearly Rent-charge of 400 l. of lawful, &c. to be yearly issuing and going out of all and singular the said Mannors, Lordships, Farms, Mes­suages, Lands, Tenements, Hereditaments and Premisses whatsoever, hereby granted, or mentioned to be granted; other th [...]n the said Man­nor called B. and the said Farm or Tenement called B. and the said Rectory of Little M. and the Advowson of the Vicarage of Little M. aforesaid. And to be paid unto the said S. S. and her Assigns at four usual Feasts or Terms in the year (that is to say) the Feasts of St. M. the Archangel, &c. by even and equal Portions: The first Payment thereof to be made at such of the said Feasts as shall first happen after the decease of the said W.P.

And also to the intent and purpose, That if it shall happen, the said yearly Rent of 400 l. or any part thereof to be behind or unpaid, in part or in all, by the space of 30 days next after any of the said Feasts or Times whereon the same ought to be paid, That then the said S. S. shall and may have and take the sum of 5 l. for every Twenty days wherein the said yearly Rent shall be so behind and unpaid,A Nomine Poe­nae for Non-payment of Rent. afterwards in the Name of a Peyn to be forfeited and lost by such Person or Persons, as from time to time ought to pay the said yearly Rent.

And also to the farther intent and purpose, That if it shall happen the said yearly Rent of Four hundred Pounds, or any part thereof, or any of the said Sums of Five pounds, so to be forfeited and lost in the Name of a Peyn, as aforesaid, or any of them to be behind or unpaid in part, or in all, at any of the said Feasts or Times whereon the same ought to be paid; That then and from thenceforth, and so often and from time to time, as the said Annual Rent, or any part thereof, or any sum or sums of Five pounds so to be lost in the Name of a Peyn, as aforesaid, or any part thereof shall be beh nd and un­paid, and whensoever any part of the said Rent or Sums so to be lost in the Name of a Peyn, shall be behind and unpaid, at, or after any of the said Feasts or Times whereat the same ought to be paid, as aforesaid. It shall and may be lawful to and for the said S. S. and her Assigns, into all and singular the said Mannors, Lordships, Farms, Messuages, Lands, Tenements, Hereditaments and Premisses what­soever, out of which the said yearly Rent is appointed to be issuing, as aforesaid, and into every or any part or parcel thereof, to enter and distrain; and the Distress and Distresses, then and there found and taken, to lead, drive, chase, carry, impound, detain and keep until the said yearly Rent, and all Arrearages thereof (if any shall be) and all Sum and Sums of Mony lost in the Name of a Peyn, as aforesa [...]d, (if any shall be) shall be satisfied and paid.

Yet nevertheless, It is hereby declared, expressed, concluded, and fully agre [...]d by and between all the said Parties to these Presents, and the true intent and meaning of them, and every of them, is, That the said S.S. and her Assigns, shall in respect of the said Rent, pay, bear and allow a proportionable part of all publick Taxes, Charges, and Assessments, to be taxed, assessed, or imposed, upon or by rea­son of the Lands and Hereditaments out of which the said yearly Rent is to be issuing, as aforesaid, ratably and proportionably, ac­cording to the said Rent, and the true yearly value of the Lands out of which it is appointed to be issuing, as aforesaid. And during the continuance of the respective Rents or Annuities, payable unto S. P. Mother of the said W. P. and to A. D. Esquire, respectively shall bear and allow for their respective Rents or Annuities.

And as for and concerning all and singular the said Mannors, Lordships, Farms, Messuages, Rectories, Advowsons, Lands, Te­nements, Tithes, Rents, Reversions, Services, Hereditaments and Premisses, whereof the use is herein before limited to the said W. P. during his Natural life, charged or chargeable, as aforesaid, from and immediately after the decease of him the said W.P. if, and in case the said S. S. shall happen to survive him: To the use and behoof of F. N. of C. in the County of Y. Esquire, and S. N. Gent. Son and Heir apparent of the said F. N. their Executors and Administrators, for and during the space and Term of Thirty years, to be accounted from the—day of, &c. now last past, before the Date hereof, fully to be compleat and ended, if the said S.S. shall so long live, upon Trust, for the better securing of the true payment of the said yearly Rent of Four hundred Pounds above limited; to and for the said S. S. in such sort, manner and form, as is herein after-mentioned, expressed, and declared, concerning the same Term and Estate of Thirty years; [Page 201] In regard their are some Leases of several parts of the several Premis­ses now in being, during which Leases the said S. will not have a full and sufficient remedy by way of Distress for the said Rent, in case the same should be Arrear, And from and after the end, or other Deter­mination of the said Estate and Term of Thirty years, Or in case of the not being thereof, Then from and immediately after the Decease of the said W. P. of all and singular the said Premisses, charged or charge­able nevertheless as aforesaid, To the use and behoof of the first SonFirst Son. of the said W. P. on the Body of the said S. to be begotten, and the Heirs males of the Body of such first Son lawfully to be begotten; And for default of such Issue, To the use and behoof of the second SonSecond Son. of the said W. P. on the Body of the said S. to be begotten, and the Heirs males of the Body of such second Son lawfully to be begotten; And for default of such Issue, To the use and behoof of the third SonThird Son. of the said W. P. on the Body of the said S. to be begotten, and the Heirs males of the Body of such third Son lawfully to be begotten; And for de­fault of such Issue, To the use and behoof of the fourth SonFourth Son. of the said W. P. on the Body of the said S. to be begotten, and the Heirs males of the Body of such fourth Son lawfully to be begotten; And for default of such Issue, To the use and behoof of the fifth SonFifth Son. of the said W. P. on the Body of the said S. to be begotten, and the Heirs males of the Body of such fifth Son, lawfully to be begotten; And for default of such Issue, To the use and behoof of the sixth, seventh, eighth, ninth,Sixth seventh, eighth, ninth, & tenth Sons. tenth, and all other the Sons of the said W. P. on the Body of the said S. to be begotten severally and successively one after another, in order and course as they shall be in Order and Seniority of Age and Priority of Birth, and the several Heirs males of their several and respective Bodies lawfully to be begotten, the elder of the said Sons, and the Heirs males of his Body being always preferred before the younger, and the Heirs males of their Bodies; And for default of such Issue,Terms of 99. years. To the use and behoof of the said H. S. and F. S. W. S. of A. in the County of B. and G. G. of B. aforesaid, Gent. their Executors, Administra­tors, and Assigns, for and during the Term of 99. years from thence­forth next ensuing, fully to be compleat and ended without Impeach­ment of Wast (Other then voluntary Wast in the Houses and Build­ings upon the Premisses, and in such Trees as are about the site of the Capital Messuage of P. aforesaid, and are for Ornament or De­fence thereof) and with liberty and power to fell, cut, and take any Timber or Wood, in or upon the Premisses, or any part thereof (o­ther then such Trees as aforesaid) Nevertheless upon such Trusts and Confidences as are herein after-mentioned and declared concerning the same Term of years and Estate, and from and after the End, Surrender or other Determination of the said Term of 99. years, Then to the use of the Heirs males of the Body of the said W. P. lawfully to be be­gotten; And for default of such Issue, To the use and behoof of E. P. Brother of the said W. P. for and during the Term of the natural life of him the said E. P. without Impeachment of or for any manner of Wast, and with liberty and power to commit Wast, and with such farther Powers, Liberties, Authorities, and Provisoes as herein after is mentioned and expressed, And from and after his Decease, To the use and behoof of the first Son of the said E. P. lawfully begotten, and of the Heirs males of the Body of such first Son lawfully to be begot­ten; [Page 202] And for default of such Issue, To the use and behoof of the se­cond Son of the said E. P. lawfully to be begotten, and of the Heirs males of the Body of such second Son lawfully to be begotten; And for default of such Issue, To the use and behoof of the third Son of the said E. P. lawfully to be begotten, and of the Heirs males of the Body of such third Son lawfully to be begotten; And for default of such Issue, To the use and behoof of the fourth Son of the said E. P. lawfully to be begotten, and of their Heirs males of the Bodies of such fourth Son, lawfully to be begotten; And for default of such Issue, To the use and behoof of the fifth Son of the said E. P. lawfully to be be­gotten, and of the Heirs males of the Body of such fifth Son, lawful­ly to be begotten; And for default of such Issue, To the use and behoof of the sixth, seventh, eighth, ninth, tenth, and all other the Sons of the said E. P. lawfully to be begotten successively one after another, in order and course as they shall be in Order and Seniority of Age and Priority of Birth, and the several Heirs males of their several and re­spective Bodies lawfully to be begotten; The elder of the said Sons, and the Heirs males of his Body, being always preferred before the younger, and the Heirs males of their Bodies; And for default of such Issue, Then in case any Wife of the said E. P. shall happen to be en­seint with Child by him at the time of his Death, To the use and be­hoof of such Wife, until she shall be of such Child delivered or dye, which shall first happen in Trust for the benefit of such Child; And if such after-born Child shall happen to be a Son, To the use and behoof of such after-born Son, and the Heirs males of his Body law­fully to be begotten; And for default of such Issue, To the use and be­hoof of the right Heirs of the said W. P. for ever.

And it is hereby declared, expressed, and fully agreed upon by and between all and every the said Parties to these Present Indentures, That the said Estate and Term herein before limited unto the said F. N. and S. N. their Executors and Administrators for 30 years, if the said S. S. shall so long live, is upon special TrustTrust. and Confidence in them the said F. N. and S. N. their Executors and Administrators, reposed, That they the said F. N. and S. N. and the Survivors and Sur­vivor of them, and the Executors and Administrators of the Survivor of them, shall permit and suffer the said several Sons of the said W. P. severally and respectively, and the Heirs males of their several and respective Bodies; And for default of such Issue, the said H. S. F. S. W. S. and G G. their Executors, Administrators, and Assigns, during the said Term of 99. years to them limited as aforesaid; And from and af­ter the Surrender or Determination of that Estate, then the Heirs males of the Body of the said W. P. And for default of such Issue, then the said E. P. and all and every the said several Sons of the said E. P. severally and respectively, and the Heirs males of their several and respe­ctive Bodies, and all & every other person and persons whatsoever unto whom the said Mannors, Lordships, Rectories, Advowsons, Tythes, Messuages, Lands, Tenements, Hereditaments, and Premisses are be­fore in and by these Presents in use limited respectively, severally, and successively, when and as they shall by the intent and true meaning of these Presents, severally come to be seized or possessed of the next and immediate Estate of Free-hold, or for years expectant immediate­ly upon the determination or ceasing of the said Term and Estate for [Page 203] 30 years, to have, receive, and take the Rents, Issues, and Profits of all and singular the same Premisses, so long as the said yearly Rent of 400 l. shall be truly paid unto the said S. S. and her Assigns, according to the Intent of these present Indentures.

And after such time as any Default shall be made in payment of the said yearly Rent of 400 l. or any part thereof, by the space of 30 days, And from time to time, as often as there shall be any such De­fault made, shall permit and suffer the said S. S. and her Assigns, to receive and take the Rents, Issues, and Profits of all and singular the Premisses, and of all Rents incident to the same Term, and reser­ved upon any Under-Lease made of the Premisses, and with Liberty unto the said Sarah to make Sale of Woods (except all such Trees as are about the site of the said Capital Messuage at P. aforesaid, and are for the Ornament or Defence thereof) until such time as the said yearly Rent of 400 l. and all Arrearages thereof, and all Costs and Da­mages by the said S. S. or her Assigns, to be sustained by means or occasion of the non-Payment thereof, shall be fully satisfied unto the said S. S. and her Assigns; And after the said Rent and Arrearages thereof, and the said Costs and Damages shall be to the said S. S. and her Assigns, paid and satisfied, Then the said F. N. and S. N. and the Survivor of them, and the Executors and Administrators of the Survivor of them, shall from time to time, during the said Term, per­mit and suffer the said several Sons of the said W. P. severally and re­spectively, and the Heirs males of their several and respective Bodies, and such other person and persons, as shall be seized or pos­sessed of the next immediate Estate of the Freehold, or for years of the Premisses expectant as aforesaid, respectively, severally, and respe­ctively, according as they shall be so seized or possessed thereof, to have and receive the Rents, Issues, and Profits thereof, according to the in­tent and true meaning of these Presents.

And it is hereby declared, meant, and agreed by and between all and every the said Parties to these Presents, And the true intent and meaning of them, and every of them, and of these Presents is, That the said Term and Estate, so as aforesaid limited unto the said H. S. F. S. W. S. and G. G. their Executors, Administrators, and Assigns, for the said Term of 99 years, is upon this special Trust and Confi­dence, and to the intent and purpose, that in case the said W. P. shall have any one or more Daughter or Daughters,Daughters. begotten on the Body of the said S. S. which shall be living at the time of the Commence­ment of the said Term of 99 years, Or that the said S. shall then be enseint and with Child of any Daughter or Daughters, begotten by the said W. P. That then they the said H. S. F. S. W. S. and G. G. or the Survivor of them, or their Executors or Administrators of the Sur­vivor of them, shall by, with, and out of the Rents, Issues, and Pro­fits of the said Mannors, Lands, and Premisses, or by Sale or Demise thereof, or of any part thereof, for all or any part of the said Term, or by sale of Timber or Wood upon the Premisses (except such Trees as are before excepted) or by all or any of the said means or otherwise, as to them in their Discretions shall seem meet, levy and raise Moneys for the Portion or Portions, and yearly Maintenance of such Daughter, or Portions, whether they be born before or after the Commencement of the said Term, in such sort and proportion, [Page 204] and to be paid in such sort, manner, and form as is here in after men­tioned, (that is to say) In case there shall be one such Daughter and no more, then the Sum of 4000 l. shall be levied and raised for the Por­tion of such one Daughter; And in case there shall be two such Daugh­ters, and no more, then the Sum of 5000 l. shall be levied and raised for the Portions of such two Daughters to be equally divided between them; And if there shall be three or more such Daughters, then the Sum of 6000 l. shall be levied or raised for the Portions of such three or more Daughters, to be equally divided amongst all such Daughters, Which said Portion or Portions shall be paid unto such Daughter or Daughters, who shall not be born, or shall be unmarried, or under the Age of 21. years at the time of the Commencement of the said Term of 99 years respectively, at the day or days of her or their respective Marriage or Marriages, or at her or their respective Age or Ages of 21 years, which­soever shall first happen. But if she or they, or any of them, shall be married, or have attained the said Age of 21 years before the Com­mencement of the said Term of years, then the Portion or Portions of such Daughter or Daughters which shall be so married, or shall have attained her Age of 21 years before the Commencement of the said Term of 99 years, shall be paid unto her or them respectively with­in one year after the Commencement of the said Term of 99 years.

And nevertheless it is hereby also declared, meant, and agreed by and between all the said Parties to these Presents, and the true intent and meaning of them, and every of them, and of these Presents is, That in case any of the said Daughter or Daughters to whom any such Porti­on or Portions are so appointed to be paid, shall be preferred in Mar­riage in the life time of the said W. P. her Father, and that he the said W. P. shall have bestowed and given with such Daughter or Daughters in Marriage, as much Portion or more as is by these Pre­sents allotted unto her or them, That then such Daughter or Daugh­ters shall not have any farther Portion raised for her, or paid unto her by virtue of these Presents; But in case the said W. P. shall have given or bestowed with any such Daughter or Daughters in Marriage, any Portion or Portions less then the Portion or Portions hereby allotted unto her or them, That then such Portion or Porti­ons so given in Marriage with such Daughter or Daughters by the said W. P. in his life time, shall be reckoned and accompted as part of the Portion or Portions hereby allotted and appointed to be paid to such Daughter or Daughters; And the said H. S. F. S. W. S. and G. G. and the Survivors and the Survivor of them, and the Ex­ecutors or Administrators of the Survivor of them, shall by such means, and in such sort as aforesaid, levy and raise for such Daughter or Daughters so preferred in Marriage, and pay unto her or them only so much Money, as together with the said Portion or Portions so paid by the said W. P. in his life time, shall make up the full Portion or Porti­ons herein before allotted and appointed for such Daughter or Daugh­ters, unless the said W. P. shall by any Writing under his Hand and Seal, subscribed and sealed by him in the Presence of two or more credi­ble Witnesses, or by his last Will and Testament in Writing, declare and appoint, That any such Daughter or Daughters so preferred in Marriage in his life time, shall have over and above the Portion by him given with her or them in Marriage, the whole Portion here­by [Page 205] allotted and appo [...]nted unto or for such Daughter, And then in Case of such Declaration or Appointment by the said W. P. such Daughter or Daughters so preferred in Marriage in the life time of the said W. P. shall have all such Portion or Portions as is hereby to or for his or them alloted or appointed, without Deduction of a­ny thing in respect of the Portion or Portions given by the said W.P. in his life time, Any thing herein contained to the contrary notwith­standing.

And upon this farther Trust and Confidence, and to this farther in­tent and purpose, That he the said H. S. F. S. W. S. and G.G. and the Survivors and Survivor of them, and the Executors or Admini­strators of the Survivor of them, shall out of the Profits of the said Mannors, Lands, and Premisses, pay and allow unto all such Daugh­ter or Daughters of the said W. P. begotten on the Body of the said S. which shall be living at the Commencement of the said Term of 99 years, and shall not be preferred in Marriage by the said W. P. in his life time, and to such Daughter or Daughters whereof the said S. shall be enseint and with Child by the said W. P. and shall be born after his Death, for her or their yearly Maintenance and Education from the time of the Commencement of the said Term and Estate for 99 years, until such time as her or their respective Portion or Portions be­fore-mentioned, shall become due and payable unto her or them respe­ctively, during the times herein after-mentioned, the yearly Sum or Sums following, (that is to say) unto such one Daughter (if there shall be but one such Daughter) until such one Daughter shall attain her Age of Ten years, the Sum of 50 l. per Annum, And after she shall have attained the said Age of Ten years, then the Sum of 100 l. year­ly until her said Portion shall become due and payable; And if there shall be two such Daughters, and no more, then unto each of the said two Daughters, until they shall respectively have attained their re­spective Ages of Ten years, the Sum of 33 l. 6 s. 8 d. apiece year­ly, And after they, or either of them, shall have attained their said Age of Ten years, then the Sum of 60 l. apiece yearly until their Portions shall become due and payable unto them respectively, And in case there shall be more such Daughters then two, Then unto and amongst all such Daughters, until some or one of them shall have at­tained her, or their, Age or Ages of Ten years, the Sum of One hundred pound yearly to be equally divided amongst them, And af­ter such time as they shall all of them have attained their several Ages of Ten years, then unto and amongst all such Daughters, the Sum of One hundred and fifty pound yearly to be equally divided amongst them, until their respective Portions shall become due and payable unto them respectively.

And that during all such time as some, or one of the said Daughters shall be under the said Age of Ten years, or some or one other of them shall be above the said Age of Ten years, such of the said Daughters as shall be under the said Age of Ten years, shall have for her Maintenance so much as she should have in case they were all under that Age; And such of the said Daughters as shall be above the said Age of Ten years, shall have for her Maintenance so much as she should have in case they were all above that Age; All the said Sums for Maintenance [Page 206] to be paid to the said Daughter or Daughters by quarterly Pay­ments yearly at the Four most usual Feasts, or days of Pay­ment.

And upon this farther Trust and Confidence also, That after all the said Portions and Sums of Money shall be levied and raised, toge­ther with all Charges in or about the levying or raising thereof, Or that the said E. P. or any other to whom any Estate is herein before limited in remainder of the same Premisses, shall pay the same, That then at any time after, as also in case there shall be no such Daugh­ter or Daughters at the time of the Commencement of the said Term, and after for 99 years; Nor that the said S. shall then be enseint of any Daughter which shall be after born alive, they the said H. S. F. S. W. S. and G. G. their Executors, Administrators, and As­signs, shall and will, at the reasonable request and proper Costs and Charges of such Person or Persons to whom the immediate Estate of Inheritance or Freehold of and in the Premisses, expectant upon the Determination of the said Term of years, shall by the true intent and meaning of these Presents belong or appertain, surrender and yield up the said Estate and Term of years, unto such person or persons so requiring the same.

Power to make Leases for 21 years at the best Rent. Provided always, and it is hereby declared, meant, and agreed by and between all and every the said Parties to these Presents, and the farther intent and meaning of them, and every of these Presents, is, That the said W. P. shall have full Power, Liberty, and Autho­rity, and that it shall and may be lawful to and for the said W. P. from time to time, during his natural life, by any Deed or Deeds, Wri­ting or Writings, under his Hand and Seal, to be subscribed and seal­ed by him in the Presence of two or more credible Witnesses, to De­mise, Lease, Limit, and Appoint the said Mannors, Lands, Tene­ments, Rectories, Tythes, Hereditaments and Premisses, or any of them, or any part or parcel thereof, to any person or persons, for any Term or Terms of years not exceeding 21 years, to commence and take effect in Possession and not in Reversion, reserving thereupon the best yearly Rent that can reasonably be gotten for the same Premisses, or as much Rent as the same Premisses do now yield, or as hath been paid for the same by the greatest part of 20 years now last past, to con­tinue payable during all such Term of years, and with and upon such Conditions, Covenants, and other Agreements as the said W. P. shall think fit, So as no such Lease or Estate be made dispunishable for Wast by any express Clause or Words therein to be contained.

Power to make a Join­ture. Provided likewise, and it is hereby farther declared, meant, and agreed by and between all and every the said Parties to these Pre­sents, and the farther intent and meaning of them, all and every of them, and of these Presents is, That the said E. P. when he shall have any Estate in Possession in the Premisses, or any part thereof, for his life, by virtue of the limitation to him herein before-mentioned, And after that the said Estate or Term for 99 years herein before limi­ted to the said H. S. F. S. W. S. and G. G. shall be ended and determi­ned, shall have full Power, Liberty, and Authority, and that it shall and may be lawful to and for the said E. P. then after from time to time, and at all times during his life, by any Deed or Deeds, Writing or Writings, under his Hand and Seal, to be by him sub­scribed [Page 207] and sealed in the presence of three or more credible Witnes­ses, to assign, limit, or appoint to, or to the use of or in Trust for any Woman or Women, that shall be the Wife or Wives of the said E. P. for and during the Term of the natural life or lives of such Wo­man or Women, for or in lieu, name, or stead of her or their Join­ture, or part of Jointure, or better means of livelyhood, And that as well before as after the Marriage of the said E. P. with such Man or Woman whom he shall so marry and take to Wise, any of the Mannors, Lordships, Rectories, Messuages, Lands, Tenements, He­reditaments, and Premisses herein before mentioned, to be granted or conveyed, or any part or parts, parcel or parcels of them, or any of them, to commence and take effect, as in such Deed or Deeds, Writing or Writings, shall be assigned, limited, or appointed.

Provided also, and it is hereby farther declared, meant,Power to make Leases. and a­greed, by and between all and every the said Parties to these Pre­sents, and the farther intent and meaning of them, and every of them, and of these Presents, is, That the said E. P. when he shall have any Estate in possession in the Premisses, or any part thereof, for his life, by virtue of the limitation to him herein before mentioned, And after that the said Estate or Term for years herein before limited to the said H. S. F. S. W. S. and G. G. shall be ended and determined, shall have full Power, Liberty, and Authority, and that it shall and may be lawful to and for the said E. P. then after from time to time, and at all times during his life, by any Deed or Deeds, Writing or Writings, under his Hand and Seal, to be subscribed and sealed by him in the presence of two or more credible Witnesses, To Demise, Lease, Limit or Appoint the said Mannours, Lands, Tenements, Rectories, Tythes, Hereditaments, and Premisses, or any of them, or any part or parcel thereof, to any person or persons, for any Term or Terms of years, not exceeding 21 years, to commence and take effect in pos­session, and not in Reversion, reserving thereupon the best yearly Rent that can be reasonably gotten for the same Premisses, or as much Rent as the same Premisses do now yield, or as hath been paid for the same by the greatest part of 20 years now last past, to continue payable du­ring all such Term of years, so as such Lease or Leases be not made dispunishable for Wast by any express Clause or Words therein to be contained.

And it is hereby also declared and agreed by and between all and every the said Parties to these Presents, and the full intent and mean­ing of these Presents, and of all and every the said Parties hereunto is, That the Execution of any the Powers here before contained, shall not in any wise bar or hinder the said S. S. or her Assigns, from having, taking, and enjoying the said yearly Rent of four hundred Pounds, or Sums of Money to be lost in name of a Pain for the Non-payment thereof, Or taking Distress for the same, but that all such Jointures, Leases, and Estates so to be made, assigned, limi­ted or appointed by the said W. P. and E. P. respectively, or either of them, by virtue of any the Powers hereby given or limited unto them, or either of them, shall be, and are hereby agreed and declared to be sub­ject unto the said yearly Rent of Four hundred pounds, and Sums of Money to be lost in name of a Pain for Non-payment thereof, And that all the Mannors, Messuages, Lands, Tehements, Heredita­ments, [Page 208] and Premisses, which shall be so assigned, leased, demised, limited, or appointed by virtue of any the Powers, Liberties, or Provisoes herein contained, shall notwithstanding any such Assign­ment, Lease, Limitation, or Appointment, remain and be charged and chargeable with the said yearly Rent of Four hundred pound, and Sums of Money to be forfeited and lost for Non payment thereof, and liable to distress for the same, as they should or would have been in case no such Demise, Lease, Appointment, Assignment, Li­mitation or Estate so to be made, by virtue of any of the Powers a­foresaid had not at all been.

And that from and immediately after such Joyntures, Leases, and Estates so made, assigned, limited, or appointed by the said W. P. and E. P. respectively, or either of them, according to the Powers hereby given or limited unto them, and either of them, these Presents shall be and enure, and shall be adjudged, deemed, and taken to be and enure of, for, and concerning the Premisses so to be letten, estated, assigned, limited, or appointed, And the said H. S. and F. S and their Heirs, stand and be seized thereof, charged and chargeable as aforesaid, to the several and respective uses of the several and respe­ctive persons, their Executors, Administrators, and Assigns, to whom such Joyntures, Leases and Estates shall be so made, limi­ted or appointed as aforesaid, for such Terms and Estates, as shall be so leased, limited, or appointed to them, according to the intent and true meaning of the said several and respective Deeds or Writings so leasing, limiting, or appointing the same, And of the Reversion and Reversions thereof during the said Leases, Terms, and Estates, and of the Premisses themselves after the said Leases, Terms, and Estates shall be ended and determined, and as the same shall severally and re­spectively end and determine, To the several uses of such person and persons, and for such Estate and Estates, and with and under such Powers, Authorities, and Provisoes, and in such sort, manner and form as the same are hereby declared, limited and appointed, and as the same should have been, if such Leases, Estates, or Terms so to be made, by virtue of these Presents, had not at all been.

And the said W. P. for himself, his Heirs, Executors, Admini­strators, and Assigns, and for every of them, doth covenant, promise, and grant to and with the said H. S. and F. S. their Heirs, Executors, and Administrators, by these Presents in manner and form following, (that is to say) That he the said W. P. at and immediately before the Sealing and Delivery of these Presents (for and notwithstanding any Act or Thing by him the said W. P. his late Father deceased, or either of them done or suffered to the contrary) is the sole, true, and lawful Owner and Proprietor of the said Mannors, Lordships, Messuages, Lands, Tenements, Rectories, Tythes, Rents, Reversions, Heredi­taments and Premisses whatsoever hereby granted or mentioned to be granted, and of every part and parcel thereof, with the Appurtenances, And solely, lawfully, rightfully, and absolutely seized thereof, and of e­very part and parcel thereof, of a good, pure, absolute, and indefe­zible Estate of Inheritance in Fee-simple, without any manner of Condition, Contingent, Proviso, or Limitation of use or uses, or other Restraint, Matter, or Thing, to determine alter, or change the same, [Page 209] And that he shall continue so seised thereof, and of every part and parcel thereof, until a good, perfect and absolute Estate in Fee simple, shall be thereof vested in the said H. S. F. S. their Heirs and Assigns, to the uses, intents and purposes herein before-mentioned, and ac­cording to the true intent and meaning of these Presents.

And also, That he the said W.P. (for, and notwithstanding any Act or Thing heretofore done or suffered, as aforesaid) now hath good, right, lawful and absolute Power and Authority in himself, to grant, alien, convey, settle and assure the said Mannors, Lordships, Messuages, Lands, Tenements, Rectories, Tithes, Rents, Reversions, Heredita­ments and Premisses hereby granted, or mentioned to be granted, as aforesaid, and every part and parcel thereof, with the Appurtenances, unto the said H.S. and F.S. their Heirs and Assigns, to the uses before-mentioned, and in manner and form aforesaid.

And also, That the same Premisses,Free from Incumbrances. and every part and parcel thereof, with the Appurtenances, now are, and from henceforth for ever hereafter, shall remain, continue and be, to the uses, intents and purposes herein before-mentioned, free and clear, and freely, clearly and absolutely acquitted, freed, exonerated, and discharged of and from all, and all manner of former, and other Bargains, Sales, Gifts, Grants, Joyntures, Dowers, Entails, Estates, Leases, Rights, Titles, Rents, Arearages of Rents, Issues, Fines, Amerciaments, Debts, Du­ties, Judgments, Statutes, Recognizances, and all Debts of Record, Extents, Seisures, Liberata's, Sequestrations, Forfeitures, Orders, De­crees, Titles, Charges, Troubles and Incumbrances whatsoever, had, made, committed, done, knowledged or suffered by the said W. P. Parties to these Presents, or by the said J.P. his late Father deceased, or by any other Person or Persons whomsoever, by or with their or either of their means, consent, act, privity, knowledge or procure­ment.

Saving and except one Annual Rent of 200 l. per Annum, Except an Indenture. in and by one Indenture Tripartite, Dated the, &c. in the 16th year of the Reign of, &c. made, or mentioned to be made between W. P. Grandfather of the said W. P. party to these Presents, of the first part, the said J. P. and S. his Wife, Father and Mother of the said W. P. (Party to these Presents) of the second part, and T. L. and T.J. Gent. of the third part, limited put of part of the Premisses to the said J. P. and S. during their Joynt lives, and the life of the longer of them. Which Rent of 200 l. per Annum, it is hereby declared and agreed by and betwixt all the said Parties to these Presents, shall continue and remain during the life of the said S. according to the true intent and meaning of the said Indenture. And that all future Assurances of the Lands and Premisses, by the said Tripartite Inden­ture, mentioned to be charged with the said Rent shall be, and shall be construed and taken to be, To the intent to make good the said yearly Rent during the life of the said S. And saving and except one Lease by Indenture, dated the, &c. made between the said W. P. and J.P. of the one part, and H. A. Gent. of the other part, of the Recto­ry and Parsonage Impropriate of P. and other the Hereditaments therein mentioned, for the Term of 79 years therein mentioned, if the said W.D. shall so long live.

And the said W. P. for himself his Heirs, Executors, Admini­strators and Assigns, and for every of them, doth Covenant, Pro­mise and Grant, to and with the said H.S. and F.S. their Heirs, Execu­tors and Administrators, and every of them by these Presents, That he the said W.P. and all and every other Person and Persons whatsoever, having or lawfully claiming, or which shall or may at any time or times hereafter, have, or lawfully claim any Estate, Right, Title or In­terest, of, in or to the Premisses, hereby granted, or mentioned to be granted, or of, in or to any part or parcel thereof, by, from or un­der the said W.P. Party to these Presents or the said J. P. his late Fa­ther deceased, or either of them (other than the said S. P. and the Persons and Lessees and their Assignees, whose Estates and Interests are before in these Presents excepted, for and in respect only of the same Estates and Interests so excepted) shall and will from time to time, and at all and every time and times hereafter, within the space of Seven years next ensuing the date of this present Indenture, at and upon the reasonable request of the said H. S. and F. S. their Heirs, Executors, or Administrators, but at the proper charges of the said W. P. his Heirs, Executors, or Administrators, Do, make, levy, execute, acknow­ledge, and suffer and cause to be done, made, levied, executed, acknow­ledged and suffered, all and every such farther and other reasonable Act and Acts, Thing and Things, Devise and Devises, Assurance, Conveyance and Conveyances in the Law whatsoever, for the farther, better, and more perfect Assurance, Surety, Sure-making, Setling, E­stablishing and Confirmation of all the said Mannors, Lordships, Re­ctories, Advowsons, Messuages, Lands, Tenements, Rents, Reversions, Hereditaments and Premisses whatsoever, hereby granted or men­tioned to be granted, or any of them, and of every or any part or parcel thereof, with all and singular their and every of their Appur­tenances, unto the said H.S. and F.S. their Heirs and Assigns, unto and for such and the same uses, intents and purposes, and with and under such and the same Powers, Liberties and Proviso's, as the same Pre­misses are in, and by these Presents, granted, conveyed, limited and setled, or mentioned to be granted, conveyed, limited or setled; Be it by Fine or Fines Feoffment or Feoffments, Deed or Deeds, Indented or Poll. Inrolled or not Inrolled, Common Recovery or Recoveries, with single, double, or treble Voucher or Vouchers, Release or Con­firmation with Warranty, or by all and every, or any of the said ways or means, or by any other ways or means in the Law whatsoe­ver; as by the said H.S. and F.S. their Heirs, Executors, or Admini­strators, or their or any of their Counsel Learned in the Law, shall be reasonably devised or advised; so as the same extend to no farther or other Warranty or Covenants then against the Parties to such Assu­rances respectively, and for their own Acts only.

And lastly, It is hereby Covenanted, Granted, Concluded and A­greed, by and between the said Parties to these Presents, for them and their Heirs; And they do hereby publish and declare, That all and singular Fine and Fines, Common Recovery and Recoveries, and all farther and other Assurances and Conveyances whatsoever, of the said Premisses hereby granted, or mentioned to be granted, and every, or any part or parcel thereof, at any time after the Day of the Date hereof, had, made, levied, executed, or acknowledged between the [Page 211] said Parties to these Presents, or any of them, or whereunto they or any of them shall be Party or Parties, shall be and enure, and shall be construed, expounded, adjudged, deemed, and taken to be and enure. And that all and every Person and Persons which now stand and be seised, or which shall at any time or times hereafter, stand and be seised of the Premisses hereby granted, or mentioned to be granted, or of any part or parcel thereof, shall from time to time, and at all times hereafter stand and be seised thereof, and of every part and parcel thereof, to the same uses, intents and purposes, and with and under the same Powers, Liberties, and Proviso's, as the same Premisses are in and by these Pre­misses limited and setled, or mentioned to be limited or setled. In Witness, &c.

Bargain and Sale by Husband and Wife, of the Wives Lands, she being under Age.

THis Indenture, made, &c. Between B. C. Son and Heir appa­rent of C.C. of R. in the County of S. and E. C. Wife of the said B.C. and sole Daughter and Heir of F.T. of, &c. deceased, of the one part, and W.J. of B. in the said County of S. of the other part, Witnesseth, That the said B.C. and E. his Wife, for and in Considera­tion of the Sum of—of, &c. to the said B. C. in hand paid by the said W.J. at or before the Sealing, &c. The Receipt, &c. Have grant­ed, bargained and sold; and by these Presents Do for them and their Heirs, clearly, &c. sell unto the said W. J. his Heirs and Assigns. All that Mannor, Farm, or Grange, commonly called or known by the Name of W. situate, &c. And all the Messuages, Lands, &c. whatso­ever, to the said Mannor, Farm or Grange belonging, or in any wise appertaining, or accepted, &c. And the Reversion, &c. Remainder, &c. of all and singular the Premisses, &c. And all Rents, Services, &c. And also all and every the Estate and Estates, Right, Title, &c. what­soever, of them the said B.C. and E. his Wife, or either of them, of, in and to the, &c. To have and to hold the said Mannor, Farm, Grange,Habend. Messuages, Lands, &c. whatsoever, hereby granted or mentioned, &c. unto the said W.J. his Heirs and Assigns; To the only use, &c. of the said W.J. his Heirs and Assigns for ever: And to or for none other use, &c. whatsoever.

And the said B.C. for himself, his Heirs, Executors, Administrators and Assigns, and for every, &c. doth Covenant, &c. with the said W.J. his Heirs and Assigns, by, &c. That the said Mannor, Farm, Grange, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses whatsoever, hereby granted, or, &c. with their, &c. Appurtenances, is, and are free and clear of and from the payment of all, and all manner of Tithes whatsoever.

And farther, the said B.C. for himself, his Heirs, &c.Free from payment of Tithes. (ut supra) pre­sents, That the said E. C. Wife of the said B. C. if she shall happen to live to attain her full Age of 21 years, together with the said B. C. or [Page 212] such other Hu [...]band as she shall then have, if she shall then be under Coverture; or if not under Coverture, then solely within two M [...]nths after that the said E. C. shall attain her full Age of 21 years; Or if she shall die before she shall attain her full Age, or before she shall have levied a Fine,Covenant to levy a Fine, when of Age. as is herein after-mentioned; Then the H [...]ir or Heirs of the said E. C. within two Months after her death, if such Heir or Heirs shall be then of full Age: Or if within Age, then with­in two Months after such Heir or Heirs shall be of full Age, shall and will at the Costs and Charges in the Law of the said W. J. his Heirs or Assigns, acknowledge and levy one Fine Sur Conusance, &c. unto the said W. J. his Heirs and Assigns, of all and singular the Premisses hereby granted, or, &c. with the Appurtenances. And from time to time then after, make, do and execute, or cause, &c. All and every such farther, and other lawful and reasonable Act and Acts, Thing and Things, Assurances and Conveyances in the Law what­soever, for the farther, better, and more perfect Assurance, Surety, &c. or Confirmation of the said Mannor, Farm, Grange, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Pre­misses hereby granted, or, &c. with their, &c. Appurtenances, unto the said W.J. his Heirs and Assigns: Be it by Deed, or Deeds Indented or Poll, Inrolled or not Inrolled, Fine or Fines, with Proclamations, Common Recovery or Recoveries, with single, &c. Voucher or Vou­chers, Release or Confirmation, or by all and every, or any, &c. as by the said W. J. his Heirs or Assigns, or by his, &c. and requi­red.

And, that at the time of the making of such Assurance or Assu­rances, the said Mannor, Farm, Grange, Messuages, Lands, Tene­ments, Hereditaments, and all and singular other the Premisses here­by granted, or, &c. with their, &c. Appurtenances, shall be free and clear,Free from all other Grants. and freely, clearly and absolutely acquitted, freed and discharg­ed, or otherwise well and sufficiently recompenced, saved, and kept harmless, of, and from all former and other Grants, Bargains, Sales, Leases, Charges, Titles, Troubles, Forfeitures and Incumbrances whatsoever, had made, committed, done, knowledged, or willingly and wittingly suff red by the said B. C. and E. his Wife, or either of them, or by the Heirs of the said E.C. or by the said F. T. deceased, late Father of the said E. C. or by any other Person or Persons what­soever, by or with their or any of their means, consent, act, privity, knowledge or procurement. Except the Dower of E. B. Widow, Mother of the said E. C. and one Lease made unto T. F. of a Croft, and a little parcel of Meadow, parcel of the Premisses.

A Lease by Husband and Wife for 60 years, if one so long lives.

THis Indenture &c. made, &c. Between B.C. Esquire, Son and Heir apparent of C.C. of R. in the County of S. and E. C. his Wife, Daughter and Heir of F.T. Esquire of the one part, and W.J. of B. in the County of S. Esquire, of the other part, Witnesseth, That the said B.C. and E. his Wife, for and in Consideration of the yearly Rent here­in after reserved, and for divers other good Causes, &c. them thereunto especially moving, Have demised, granted, set, and to Farm-letten; and by these Presents do demise, &c. unto the said W.J. his Executors, Administrators and Assigns, All that Close, Meadow, Leazow, Pasture, Meadow ground, or parcel of Land, situate, &c. in C. in the said County of S. commonly called, &c. name of C. M. with all Profits and Appur­tenances thereunto belonging. To have and, &c. Habend. the said Close Mea­dow, Leazow, Pasture-ground, or parcel of Land, and all and singular other the Premisses hereby demised, or, &c. with the Appurtenances, unto the said W.J. his Executors, &c from the 25th day of March now next coming, after the Date hereof, for and during the Term of 60 years, from thenceforth next ensuing, and fully to be compleat and ended, if E. B. Widow, Mother of the said E. C. shall so long live, Yielding, &c. therefore yearly,Reddend. and every year during all the said Term the yearly Rent of 20 l. of, &c. at two usual Feasts or Terms in the year (that is to say) the Feast of St. M. &c. and the Annunciation, &c. by even, &c. Portions.

And the said B.C. for himself, his Heirs, &c. and for every of them, doth Covenant, &c. with he said W. J. his Executors, Administrators, and Assigns by these Presents,Covenant to pay Taxes. That the said B.C. and E. C. their Heirs or Assigns, or some of them, shall and will from time to time, during all the said Term hereby granted, or mentioned to be granted, bear and pay all Taxes, Charges and Assessments whatsoever, which shall be laid, taxed, charged or imposed upon the Premisses, or upon the said W.J. his Executors or Administrators, for or in respect of the said Premisses; And thereof and therefrom, and of and from every part and parcel thereof, shall and will acquit and discharge the said W.J. his Executors, Administrators, and Assigns, and every of them.

And farther, That he the said W.J. Quietly enjoy. his Executors and Administra­tors, shall and may during the Term aforesaid, quietly and peaceably, under the Rent aforesaid, have, hold, occupy, possess and enjoy the said Close, Meadow and Premisses, hereby demised, or mentioned to be demised, without any lett or interruption, of, or by the said B. C. and E. his Wife, or either of them, or the Heirs of the said E. or of any other Person lawfully claiming by, from, or under them, or any of them: And free and clear, or otherwise from time to time, well and sufficiently saved, and kept harmless and indemnified, of and from all Incumbrances whatsoever, had, made or suffered, or to be had, made or suffered by the said B. and E. or either of them. In witness, &c.

A Demise for a Thousand years, for Collateral Security, that the Wife, when of full Age, shall levy a Fine.

THis Indenture, made, &c. Between C. C. of R. in the County of N. and B. C. Son and Heir apparent of the said C. C. of the one part, and W. J. of B. in the County of S. of the other part; Whereas by one Indenture bearing even Date with these Presents, made, or mentioned to be made, between the said B. C. and E. C. Wife of the said B. C. and sole Daughter and Heir of F. T. late of R. in the County of S. deceased, of the one part, and the said W. J. of the other part. The said B. C. and E. his Wife, for the Consideration of 2200 Pounds, in the said Indenture mentioned, Did grant,Recital of the Bargain and Sale. bargain and sell unto the said W.J. his Heirs and Assigns, All that Mannor, Farm, or Grange, commonly called or known by the name of W. situate, &c. [And so throughout the parcels Ha­bend. and Use.] And to and for none other use, intent or purpose whatsoever; as in and by the said Indenture, (Relation being, &c.) appear.

Recital of the Lease. And whereas by one other Indenture, also bearing even Date with these Presents, made, or mentioned to be made, between the said B. C. and E. his Wife, of the one part, and the said W. J. of the other part. They the said B. C. and E. his Wife, for and in Conside­ration of the yearly Rent therein after reserved; and for divers other good Causes, &c. them thereunto especially moving, Did de­mise, grant, set, and to Farm-let unto the said W. J. his Execu­tors, Administrators, and Assigns, All that Close, Meadow, Leazow, Pasture-ground, or parcel of Land, situate, &c. in Crake-Marish, &c. [And so throughout the Parcels and Habend.] At and under the yearly Rent of 20 l. of, &c. as by the last recited Indenture (relation being, &c.) appear.

Now this Indenture witnesseth, That for securing the quiet En­joyment of the several Lands and Hereditaments, in and by the said several recited Indentures, granted and conveyed, or, &c. as afore­said, they being the Inheritance of the said E. C. who is yet under the Age of 21 years (to wit) of the Age of Eighteen years and an half, or thereabouts. And for and in Consideration of the sum of Five shillings of, &c. to the said C. C. and B.C. in hand paid by the said W. J. At or before the Sealing, &c. The Receipt whereof the said C. C. and B. C. do hereby acknowledge; And for divers other good Causes, &c. them thereunto especially moving, They the said C.C. and B. C. have, demised, granted, bargained and sold, And by these Pre­sents do demise, &c. unto the said W. J. his Executors, Administrators and Assigns, All and singular the Messuages, Farms, Cottages, Lands, Tenements, and Hereditaments whatsoever, in the Town, Parish, Fields, Hamlets, or Precincts of S. in the County of N. wherein the said C.C. and B.C. or either of them, have or ever had any manner of Estate in Possession, Reversion, Remainder, or Expectancy: [Page 215] And the Reversion, &c. Remainder, &c. And all Rents, &c. belong­ing, To have and to hold the said Lands, Tenements,Habend. and Heredi­taments, and all and singular other the Premisses, hereby demised, or, &c. with their, &c. Appurtenances unto the said W. J. his Execu­tors, Administrators and Assigns, from the Day next before the Day of the Date hereof, for and during the full end and term of a Thou­sand years from thence next ensuing, and fully to be, &c. without Im­peachment, &c

Provided always, and upon Condition nevertheless, That if the said E.C. Wife of the said B. C. if she shall live to attain her full Age of 21 years, together with the said B.C. or such other Husband as she shall then have, if she shall then be under Coverture; Or if not under Coverture, then solely within two Months after that the said E. C. shall attain her full Age of 21 years. Or if she shall die be­fore she shall attain her said [...]ull Age, or before she shall have Levied a Fine, as is herein after-mentioned, of the Mannor, Farm, or Grange of W. and other the Premisses, in or by the said first recited Indenture, mentioned to be bargained and sold to the said W. J. and his Heirs. Then, if the Heir or Heirs of the said E. C. within two Months after the Death of the said E. C. if such Heir or Heirs shall be then of full Age; Or if within Age, then within two Months after that such Heir or Heirs shall be of full Age, shall and will, at the Costs and Charges in the Law, of the said W. J. his Heirs or Assigns, acknowledge and Levy one Fine Sur Conusans de Droit, come ceo, &c. unto the said W. J. his Heirs and Assigns, of all and singular the said Mannor, Farm, or Grange called W. and other the Premisses in and by the said first recited Indenture granted, or, &c. with the Appurtenances: And from time to time then after, make, do and execute, or cause, &c. all and every such farther and other lawful and reasonable Act and Acts, Thing, &c. whatsoever, for the farther, better and more perfect Assurance, &c. or Confirmation of the said Mannor, Farm, Grange, Messuages, Lands, Tenements, He­reditaments, and all and singular other the Premisses thereby grant­ed, or, &c. with their, &c. Appurtenances, unto the said W. J. his Heirs and Assigns; Be it by Deed or Deeds, Indented or Poll, Inrolled or not Inrolled, Fine or Fines, with Proclamations, Common Reco­covery or Recoveries, with single, double, or treble Voucher or Vou­chers, &c. whatsoever, as by the said W. J. his Heirs or Assigns, or by his, &c. shall be, &c. and required.

And, that at the time of the making of such Assurance, or Assu­rances, the said Mannor, Farm or Grange, called W. and all and singular other the said Premisses, in and by the said first recited In­denture granted, or &c. with their, &c. Appurtenances, shall be free and clear, and freely, clearly, and absolutely acquitted, freed and discharged, of and from all former and other Bargains, Sales, Leases, Charges, Titles, Troubles, Forfeitures, and Incumbrances whatsoever, had, made, committed, done, knowledged, or willingly and wittingly suffered by the said B. C. and E. his Wife, or either of them, or by the Heirs of the said E. C. or by the said F. T. de­ceased, late Father of the said E. C. or by any other Person or Per­sons whatsoever, by or with their, or any of their means, consent,Except Dower one Lease. act privity, knowledge or procurement. Except the Dower of the [Page 216] said E. B. Mother of the said E. C. And one Lease made unto T. F. of a Croft, and a little parcel of Meadow, parcel of the Pre­misses.

And if in the mean time, until the making of such Assurance or Assurances, as aforesaid, the said W.J. his Heirs and Assigns, shall or lawfully may, quietly and peaceably have, hold and enjoy the said Mannor, Farm, or Grange of W. and all and singular other the Pre­misses, in and by the said first recited Indenture, granted, or, &c. as aforesaid, with their, &c. Appurtenances, without any manner of let, suit, trouble, molestation or interruption whatsoever, of or by the said B.C. and E. his Wife, or either of them, their or either of their Heirs or Assigns, or of or by any other Person or Persons what­soever, lawfully claiming, or to claim, by, from or under the said B.C. and E. his Wife, or either of them, or either of their Heirs, or by, from or under the said F.T. deceased; other than the said E. B. and T. F. and their Assigns, for and in respect only of their several E­states and Interests herein before excepted.

And also if the said W.J. his Executors, Administrators, and Assigns, shall, or lawfully may, for and during all the aforesaid Term of 60 years, (if the said E. B. shall so long live) have, hold, occupy, possess and enjoy the said Close, Meadow, &c. or parcel of Land commonly called or known by the Name of C. with all Profits and Appurtenances thereto belonging, without any manner of let, Suit, trouble, molestation, or interruption whatsoever, of or by the said B.C. and E.C. or either of them, or the Heirs of the said E. C. And without the lawful let, suit, trouble, molestation or interruption, or incumbrance of or by any other Person or Persons whatsoever, That then and from thenceforth, this present Indenture, and the Demise, Grant, Bargain, Sale, Estate and Term of years hereby made and granted, or, &c. shall cease, determine, become and be void, frustrate, and of none effect; Any thing herein before contained to the contrary notwithstanding.

And the said C. C. for himself, his Heirs, Executors, Administra­tors and Assigns, and for every, &c. doth Covenant, &c. with the said W.J. his Executors, Administrators, and Assigns, by these Pre­sents, That he the said C.C. hath not done any act or thing whereby the Premisses hereby demised, or, &c. or any part thereof, is, are, or may, &c. in Title, &c. or otherwise.

And the said B. C. for himself, his Heirs (ut antea) with the said W.J. his Executors, &c. by these Presents, That the said C. C. and B.C. or one of them, now at the time of the Sealing and Delivery of this present Indenture, are, or is lawfully, rightfully and absolutely seised of and in the said Premisses in B.S. and other the Premisses whatsoever in the said County of N. hereby demised, or, &c. with their, &c. Appurtenances of a good, pure, absolute, and indefeazable Estate of Inheritance in Fee-simple: And have, or hath good right, lawful and absolute Power and Authority in themselves, or in one of them, To demise, grant, bargain and sell the same Premisses, and every part and parcel thereof unto the said W. J. his Executors, Administra­tors and Assigns, for the said Term of 1000 years, and in manner and form aforesaid.

And that the said E. C. or her Heirs, shall levy such Fine, and make such farther Assurances of the said Mannor, Farme, or Grange called W. and other the Premisses in the said first recited In­denture mentioned, as is herein before in the said Proviso or Conditi­on mentioned; And that in case the said E. C. Wise of the said B. C. or her Heirs, shall (after such time as she or they shall have attained her or their full Age of One and twenty years, shall refuse, or unne­cessarily delay to levy such Fine of the said Mannor, Farm, or Grange called W. and other the Premisses, in or by the said first recited In­denture granted and conveyed, or &c. as aforesaid) Or being requi­red by the said W. J. his Heirs or Assigns, to make such other Assu­rance or Assurances thereof as aforesaid, shall unnecessarily delay to make such other Assurance or Assurances as aforesaid; Or if the said W. J. his Heirs or Assigns, shall at any time hereafter be disturbed in the possession of the same Mannor, Farm, or Grange of W. and o­ther the said Premisses, or any part thereof, by the said B. C. and E. his Wife, or either of them, their, or either of their Heirs or Assigns, or by any other person or persons whatsoever lawfully claiming, or to claim by, from, or under them, or either of them, or by, from, or under the said F. T. deceased; Or if the said W. J. his Executors, Administrators, or Assigns, or any of them, shall at any time during the aforesaid Term of 60 years, determinable by the death of the said E. B. as aforesaid, be disturbed in the pos­session of the said parcel of Land, called or known by the name of C. by the said B. C. and E. or either of them, or either of their Heirs, or by any other person or persons whatsoever, any Estate having, or lawfully claiming, or to claim in the same Premisses, or any part or parcel thereof, That then, and from thenceforth, in any of the said Cases, he the said W. J. his Executors, Admi­nistrators, and Assigns, shall or lawfully may from time to time, during all the rest and residue of the said Term of One thousand years then to come and unexpired, freely, quietly, and peace­ably have, hold, and enjoy, All and singular the Premisses here­by demised, or &c. And receive and take all the Rents, Issues, and Profits thereof, without any let, suit, trouble, denial, hin­drance, or interruption, of or by the said B. C. and C. C. his Fa­ther, or either of them, or either of their Heirs or Assigns, And without the lawful let, suit, trouble, interruption, eviction, or ejection of or by any person or persons whatsoever.

And free and clear, and freely, clearly, and absolutely acquit­ted, freed and discharged of and from all, and all manner of for­mer and other Bargains, Sales, Gifts, Grants, Jointures, Dow­ers, Entails, Estates, Leases, Rights, Titles, Rents, Arreara­ges of Rents, Issues, Fines, Post-fines, Amerciaments, Judgments, Recognizances, Satutes Merchant and of the Staple, Decrees, Ex­tents, Sequestrations, Seisures, Executions, Charges, Troubles and Incumbrances whatsoever had, made, or done by the said B. C. and C. C. or either of them, or by any other person or persons what­soever.

And farther also, That in any of the Cases aforesaid, the said C. C. and B. C. and all and every other person and persons whatso­ever, any Estate having, or lawfully claiming, of, in, to, or out of the Premisses hereby Demised &c. or of any part thereof, shall and will at the reasonable request and proper Costs and Charges in the Law of the said W. J. his Executors, Administrators, or Assigns, or any of them, make and do all and every such Act and Acts for the farther, better, and more perfect assuring and conveying of all and singular the said Premisses hereby Demised or &c. with their &c. Appurtenances unto the said W. J. his Executors, Administrators, and Assigns, for and during the Term hereby granted or &c. Be it by Fine or Fines, Sur Concessit, or Sur Conusans de droit come ceo &c. Deed or Deeds, Recovery or Recoveries, with single, double, &c. As by the said W. J. his Executors, Administrators, or Assigns, or by his &c. and required.

And it is hereby declared and fully agreed by and between all the said Parties to these Presents, That until there shall be some fai­ler of performance of the Proviso herein before-mentioned, Or breach of the said Covenants or Agreements, for levying a Fine, or making further Assurances; Or until the said W. J. his Heirs, Executors, Administrators, or Assigns, shall be molested by the said B. C. and E. his Wife, or one of them, or their, or one of their Heirs or As­signs, or by some other person or persons lawfully claiming, or to claim by, from, or under them, or one of them, in the quiet en­joying of the Mannor, Farm, or Grange, and other the Premisses, in or by the said first recited Indenture mentioned to be granted, or of the said parcel of Land called C. and other the Premisses, in or by the said second recited Indenture to be demised, It shall and may be lawful to and for the said C. C. and B. C. their Heirs and As­signs, or some of them, according to their Estates and Interest in the Premisses hereby demised or &c. before the making hereof, To create and take to their own uses, All the Rents, Issues, and Profits of all and singular the Premisses hereby demised, or &c. without any Accompt to be given unto the said W. J. his Ex­ecutors, Administrators, or Assigns, for the same. In witness, &c.

For the making a new Jointure for the Wife, who has joyned in a Fine, and passed away her former Joynture.

THis Indenture made &c. between W. S. of N. in the County of C. Son and Heir apparent of Sir G. S. Kt. of the one part, And W. C. J. R. and J. B. of the other part, Whereas upon or in Consideration of the Marriage of the said W. S. with E. his now Wife, eldest Daughter and Coheir of D. R. late of B. aforesaid, deceased, divers Lands and Hereditaments in the County of S. to the value of 600 l. per Annum, were settled unto and upon the said E. for her Join­ture; And whereas the said E. upon request of the said W. S. and up­on Security given by the said Sir G. S. and W.S. by several Obligations for settling a good and sufficient Estate in Lands, Tenements, and He­reditaments in England, of the clear yearly value of 600 l. at several times now past, to, or to the use of the said E. for her life, Did joyn in the Sale of the said Premisses in the said County of S. and levied one or more Fines thereof; But no Estate hath been as yet made to or for the use of the said E. or other Recompence for parting with her Joynture as aforesaid.

Now this Indenture witnesseth, That to the intent that the said Obligations and Securities should be given up, and the said E. should be secured to have the said Jointure made up so far as the value of the Lands herein after-mentioned will extend (being purchased with the Moneys raised by Sale of the said Jointure-Lands) And by 1000 l. more agreed to be secured, according to a Deed intended to be made concerning the same, and to bear even Date with these Presents, And for and in consideration of the Sum of 5 s. &c. to the said W. S. in hand paid by the said W. C. J. R. and J. B. at or before the Sealing and Delivery of this &c. The receipt &c. And for divers other good Cau­ses &c. him the said W. S. thereunto moving, He the said W. S. hath granted, bargained, sold, leased and confirmed, And by these &c. doth grant &c. unto the said W. C. J. R. and J. B. their Heirs and As­signs, All that Capital Messuage with the Appurtenances, situate &c. And the Reversion &c. Remainder of all and singular the Premisses hereby granted and released, or &c. And all Rents Services and Profits &c. Of all which Premisses hereby granted and released, or &c. the said W. C. J.R. and J.B. are now in full possession, by force and virtue of a Bargain and Sale thereof to them made by the said W. S. for the Term of a year, from the last Day of M. now last past before the Date hereof, by Indenture bearing Date the day next before the day of the Date hereof, And by force and virtue of the Statute for transferring uses in possession.

And the said W. S. doth farther by these Presents (for the considera­tion aforesaid) grant, bargain, sell, release, and confirm unto the said W. C. J. R. and J. B. their Heirs and Assigns, All the Estate, Right, Title, Interest, Claim and Demand whatsoever of him the said W. S. of, in, and to the said Mannors, Messuages, Lands, and Premisses, and [Page 220] every part and parcel thereof, To have and to hold the said Mannours, Messuages, &c. whatsoever hereby granted and released, or &c. with their Appurtenances, unto the said W. C. J. R. J. B. their Heirs and Assigns, To the only proper use &c. their Heirs and Assigns for ever, Ʋpon special Trust and Confidence nevertheless, and to the intent and purpose, That if the said W. S. shall at any time during his life, settle and convey to, or to the use of the said E. his now Wife, for the Term of her natural life, a good and sufficient Estate of and in Lands, Tenements, or Hereditaments in England, of the clear yearly value of 600 l. per Annum, over and above all Reprizes (except Taxes) That then, as also in case the said W. S. shall survive the said E. though no such Estate shall be made, they the said W. C. J. R. and J. B. their Heirs and Assigns, shall, at and upon the reasonable request and proper Costs and Charges of the said W. S. or his Heirs or Assigns, convey the said Mannors, Messuages, Lands, and Premisses, and every part and parcel thereof, unto the said W. S. his Heirs and Assigns.

But in case the said E. shall survive the said W. S. and that no such good and sufficient Estate of and in Lands, Tenements, or Heredita­ments in England, of the clear yearly value of 600 l. per Annum, o­ver and above all Reprizes (except Taxes as aforesaid) shall be settled or conveyed to, or to the use of the said E. for her life by the said W. S. as aforesaid, That then they the said W. C. J. R. and J. B. their Heirs or Assigns, shall upon request, and at the Costs of the said E. her Heirs or Assigns, convey the said Mannors, Messuages, Lands, and Premisses, and every part &c. with their &c. Appurtenances, unto the said E. her Heirs and Assigns, to her and their own use, for and to­wards satisfaction of part of her Jointure.

And upon further Trust and Confidence, and to this farther intent and purpose, That they the said W. C. J. R. and J. B. their Heirs and Assigns, shall in the mean time, during the life of the said W. S. per­mit him the said W. S. to receive the Rents and Profits of all and sin­gular the said Mannors, Messuages, Lands, and Premisses, And after his death, shall permit such person and persons to whom the same Pre­misses ought then to be conveyed by the intent of these Presents, to re­ceive the Rents, Issues, and Profits of all and singular the same Pre­misses, until such Conveyance shall be made and executed as afore­said.

And the said W. S. for himself, his Heirs, Executors, Administra­tors, and Assigns, and for &c. doth Covenant &c. with the said W. C. J. R. and J. B. their Heirs and Assigns by these Presents, That all and singular the said Mannors, Lordships, Messuages &c. and Premisses whatsoever hereby granted and released, or &c. with their &c. Ap­purtenances, now are, and so from time to time for ever hereafter, shall remain, continue, and be to the uses, and upon the Trusts aforesaid, free and clear, and freely &c. of former and other Bargains, Sales, Guifts, Grants, Jointures, Dowers, Entails, Estates, Leases, Rights, Titles, Rents, Arrearages of Rents, Issues, Fines, Post-fines, Amerciaments, Judgments, Statutes, Recognizances, Charges, Troubles, Forfeitures, and Incum­brances whatsoever, had, made, committed, done, knowledged, or suf­fered by him the said W. S. or by the said Sir G. S. Father of the said W. S. In witness, &c.

A Settlement made before Marriage.

THis Indenture quadripartite, made the—day of F. in the year &c. between the Honourable H. C. one of the Sons of the Right Honourable A. Lord C. deceased, of the first part; D.B. Daugh­ter and Coheir of R. B. deceased, and sole Daughter and Heir of M. B. Wife of the said R. B. of the second part; A. M. of R. in the County of S. and J. B. of A. in the County of C. of the third part; and the Right Honourable A. Lord C. Baron of H. J. S. of B. in the County of O. L. B. of B. in the County of O. and H. M. of R. afore­said of the fourth part.

Whereas by one Indenture Tripartite, bearing even Date with these Presents, made, or mentioned to be made between the said H. C. of the first part, the said A.M. and J.B. of the second part, and the said A. Lord C. of C. J. S. L. B. and H. M. of the third part, It is wit­nessed, That the said H. C. for and in consideration of the Sum of 5 s. of &c. therein mentioned, and for divers other good Causes and Con­derations him thereunto especially moving, Hath granted, bargained, and sold unto the said A. M. and J. B. their Heirs and Assigns, All that the Mannor and Lordship of J. with the Rights, Members, and Ap­purtenances thereof, in the County of W. And all and singular the Messuages, Lands, Tenements, and Hereditaments whatsoever in J. and F. or either of them, or in any other place or places within the Parish of J. or elsewhere within the said County of W. wherein the said H. C. hath, or ever had any manner of Estate of Inheritance in Possession, Reversion, or Remainder, with their and every of their Rights, Members, and Appurtenances, And all those Messuages, Lands, Tenements, and Hereditaments within the Township, Parish, &c. or Fields of T. &c. in the County of G. or in any of them, wherein the said H. C. hath &c. (ut supra).

And also all that the Rectory, Parsonage, and Church of C. with the Rights, Members, and Appurtenances thereof in the said County of G. And the Chappel of C. in the said County of G. to the said Rectory of C. annexed with the Rights, Members, and Appurtenances hereof, And all those Messuages, Lands, Tenements, Tythes, and He­reditaments within the Parishes of C. and C. aforesaid, or either of them, with their Rights, Members, and Appurtenances wherein the said H. C. hath, or ever had &c. (ut supra.) And all and singular Houses, E­difices, Buildings, Barns, Stables, Orchards, Gardens, Yards, Lands, Tenements, Tythes, Portions, Pensions, and Hereditaments to the said Mannor, Rectory, and Premisses, or any of them belonging or appertaining, or to or with the same usually demised, used, letten, oc­cupied or enjoyed, or accepted, reputed, deemed, adjudged, taken or known, as part, parcel, or member of them, or any of them, or as to them or any of them belonging or appertaining, And all and singu­lar other the Messuages, Lands, Tenements, and Hereditaments what­soever of the said H. C. in the said Counties of G. and W. or either of them.

And the Reversion and Reversions, Remainder &c. of all and singular the Premisses, and of every part and parcel thereof, And all Rents and yearly Profits, Reservations, and Services reserved or payable in, by, or upon any Lease or Grant had, made or granted, or mentioned to be granted, of the Premisses hereby granted or mentioned to be granted, or of any of them, To have and to hold the said Mannor, Lordship, Rectory, Messuage &c. unto the said A. M. and J. B. their Heirs and Assigns, To the use of them the said A. M. and J. B. their Heirs and Assigns, To the intent and purpose nevertheless, That the said A. M. and J. B. or the Survivor of them, may be perfect Tenants or Te­nant of the said Freehold of the Premisses, against whom one or more good and perfect common Recovery or Recoveries may be had and executed of and for the Premisses, To the uses, intents, and purposes therein after-mentioned, And for that end and pur­pose it was farther concluded and agreed by and between all and every the said Parties to the said Indenture; And the said H. C. for himself, his Heirs, Executors, Administrators, and Assigns, did covenant, promise, and grant to and with the said A. M. and J.B. their Heirs, Executors, and Administrators by the said Indenture, That before the end of Easter Term next ensuing the Date of the said Indenture, several good and perfect common Recoveries in the nature of common Recoveries for assurance of Lands, should be had, executed and perfected, of and for all and singular the Premisses in the said several Counties of W. and G. respectively at the pro­per Costs and Charges in the Law of the said H. C. And that for that end and purpose several Writs of Entry Sur Disseisin en le Post should be brought in the names of the said A. Lord C. J. S. L. B. and H. M. as Plaintiffs or Demandants herein against the said A. M. and J. B. as Tenants of and for all and singular the said Man­nors, Messuages, Lands, Tenements, Hereditaments and Premisses, with their &c. Appurtenances, By such names, quantities, qualities, contents and numbers of Messuages and Acres, and other Certain­ties, as should be apt and convenient, To which several Writs the said A. M. and J. B. should appear gratis in their proper persons, And should and would vouch to warrant the Premisses the said H. C. who should vouch the common Vouchee, And such farther pro­ceedings should be had therein, that several good and perfect com­mon Recoveries with double Voucher, might be had, prosecuted, and executed in and upon the said several Writs of Entry in all things according to the usual order and form of common Recoveries with double Voucher, for Assurances of Lands in such cases used.

And it was farther covenanted, concluded, declared, and fully a­greed by and between all the said Parties to the said recited Inden­ture, for them and their Heirs, And it was their true intent and meaning, That the said several common Recoveries, so to be had and suffered as aforesaid, and all and every other Recovery and Re­coveries whatsoever, to be had and suffered of and for the said Premisses, or any of them, by and between the said Parties to the said Indenture, or any of them, or whereunto they, or any of them should be Party or Parties, Vouchee or Vouchees, should enure and be, and should be construed, expounded, adjudged, deemed, and [Page 223] taken to enure and to be; And the said A. Lord C. J. S. L. B. Recoveror [...] and H. M. and their Heirs, and all and every person and persons whomsoever, that then were, or thereafter should be at any time seized of and in the said Mannor, Messuages, Lands, Tenements, He­reditaments, and Premisses thereby granted, or therein or thereby mentioned to be granted, or any of them, should from and immedi­ately after the passing and suffering of the said several common Reco­veries respectively, by force and virtue thereof, and of the said In­denture, stand and be seized thereof, and of every part and parcel thereof respectively, To such uses, behoofs, intents and purposes as are or shall be thereof mentioned, expressed, limited or declared, in and by this present Indenture quadripartite, as in and by the said reci­ted Indenture (Relation &c.) may appear.

And whereas a Marriage is intended to be by the Grace of God shortly hereafter had and solemnized between the said H. C. and the said D. B. with whom the said H. C. will have a great Advancement as well in Moneys as Lands of Inheritance, Now this Indenture wit­nesseth, That for and in considerationConsideration of the said intended Marriage, and of the Advancement in Lands and Moneys thereby accrewing to the said H. C. And as well for the farther Declaration of the Uses of the said several common Recoveries in and by the said recited Tri­partite Indenture, covenanted and agreed to be had and suffered as a­foresaid, as of all and singular other the Conveyances and Assurances at any time hereafter to be had, made, levied, executed, acknowledg­ed, or suffered of all and every, or any of the said Mannor, Messuages, Lands, Tenements, Hereditaments, and Premisses.

It is now hereby declared, concluded, and fully agreed by and be­tween the said Parties to these Presents, and the said H. C. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them doth covenant, promise and grant, to and with the said A. M. and J. B. their Heirs, Executors, and Administrators, and every of them by these Presents, That he the said H. C. and all and every person and persons whomsoever, having or lawfully claiming, or to claim any E­state, Right, Title or Interest, of, in, or to the Premisses, or any part or parcel thereof, by, from, or under him the said H. C. shall and will from time to time before the end of Easter Term next ensuing the Date of this present Indenture, at and upon the reasonable Request of the said A. M. and J. B. their Heirs, Executors, or Administrators, or any of them, but at the proper Costs and Charges of the said H. C. or his Assigns, Do make, levy, execute, acknowledge, and suffer, or cause to be done, made, levied, executed, acknowledg­ed and suffered, all and every such farther and other reasonable Act and Acts, Thing and Things, Assurances and Conveyances in the Law whatsoever, as well for the corroborating, strengthning and confirming the Estate made and granted, or mentioned or intended to be made and granted unto the said A. M. and J. B. in and by the said recited In­denture, and for the making them lawful Tenants of the Freehold and Inheritance of all and singular the Premisses, as for the farther better and more perfect assuring, surety, sure-making, conveying, settling establish­ing or confirming of all and every, or any of the said Mannor, Messuages, Lands, Tenements, &c. unto and for such and the same uses, intents, and purposes as the same Premisses are herein after granted, conveyed, [Page 224] limited, and settled or mentioned to be granted, conveyed, limited or settled, be it by Lease and Release, Fine, Feoffment, or by all and every, or any of the said ways and means, or by any other ways or means in the Law whatsoever; As by the said A. M. and J. B. or either of them, their or either of their Heirs, Executors, or Administrators, or their or any of their Counsel Learned &c. and required.

And it is farther Covenanted, Concluded, Declared, and ful­ly Agreed by and between all the said Parties to these Presents, for them and their Heirs, And it is their true intent and meaning, That from and immediately after such time as the said several common Recoveries shall be respectively had and perfected of the Premisses as aforesaid, the said several common Recoveries, and the Execution thereof, and all farther and other Assurances and Conveyances whatsoever of the said Premisses, and every or any part or parcel thereof, at any time after the day of the Date hereof, had, made, levied, executed and acknowledged, or to be had, made, levied, executed and acknowledged between the said Parties to these Presents, or any of them, or whereunto they or any of them shall be Party or Parties, shall be and enure, and shall be construed, expounded, adjudged, deemed, and taken to be and enure, And that the said Recoveries in the said several common Recoveries, and their Heirs and all and every other person and per­sons, which at any time then after shall be, or stand seized of the said Mannor, Messuages, Lands, Tenements, Hereditaments and Premis­ses, or of any of them, by force and virtue of the said several com­mon Recoveries, or either of them, or of any farther or other Assu­rances or Conveyances which shall be made and executed of the said Premisses, or any part thereof, shall so stand and be seized thereof and of every part and parcel thereof respectively, To the several and respective uses, intents and purposes, and with and under the several Limitations, Powers, Authorities, Liberties, Provisoes, Conditions and Agreements hereafter in these Presents, as for and concerning the same Premisses respectively declared, mentioned, limited and expressed, and to and for none other use, intent, or purpose whatsoever (that is to say) As for and concerning the said Mannor and Lordship of J. Uses. and all and singular other the Pre­misses whatsoever in the said County of W. To the use and be­hoof of the said H. C. his Heirs and Assigns for ever, and to and for none other use, intent, or purpose whatsoever.

And as for and concerning all and singular the said Messuages, Rectories, Tythes, Lands, Tenements, Hereditaments, and other the Premisses whatsoever in the said County of G. To the use and behoof of the said H. C. for and during the Term of his natural life, without Impeachment of, or for any manner of Wast; And from and immediately after the Determination of that Estate, To the use and behoof of the said A. M. and J. B. and their Heirs, during the life only of the said H. C. upon Trust for preserving the contingent uses thereof herein after limited, and for that purpose to make Entries, as there shall be occasion, but not that they shall receive the Profits thereof to their own use.

And from and immediately after the Decease of the said H. C. Then as for and concerning all that Close of Pasture-ground, called W. in the Parish of T. in the said County of G. and now in the Possession of S. B. of T. aforesaid, Widow, or her Assigns, being parcel of the Premisses. To the use and behoof of the said D. B. for and during all the Term of her Natural life, for and in the Name of her Joynture, and in full recompence, lieu, and satisfaction of her Dower, which she may, or otherwise might claim, have, or chal­lenge in all or any the Mannors, Lands, Tenements, or Heredita­ments of the said H. C. her intended Husband: And also from and immediately after the decease of the said H. C. as for and con­cerning all the said Messuages, Rectory, Tithes, Lands, Tenements, Hereditaments and Premisses in the said County of G. (other than the said Close, herein before limited) to the said D. for her Joyn­ture. To the use and behoof of the said A. Lord C. A. M. J. L. L. B. J. B. and H.M. their Executors, Administrators and Assigns, for and during the Term of 60 years, to be accounted from the Death of the said H. C. and from thenceforth fully to be compleat and ended, if the said D. B. shall so long live. Nevertheless, upon such Trusts and Confidences, and to and for such intents and purposes, as are, or shall be mentioned, expressed, limited, or declared, concerning the same Premisses, in and by one Inden­ture Tripartite, bearing Date, or intended to bear Date the Day of the Date hereof, and made, or mentioned to be made between the said H. C. of the first part, the said D. B. of the second part, and the said A. Lord C. A. M. J. S. L.B. J. B. and H. M. of the third part: And from and immediately after the Expiration, Sur­render, Ceasing, or other Determination of the said Term of 60 years, To the use and behoof of the said D. B. for and during her Natural life, for increase of her Joynture.

And from and immediately after the Deceases of the Survivor of them the said H. C. and D. B. as to, for, and concerning all and singular the said Messuages, Rectory, Tithes, Lands, Tenements, Hereditaments and Premisses in the County of G. To the use and behoof of the first Son of the said H. C. on the Body of the said D. to be begotten; and the Heirs Males of the Body of such first Son lawfully to be begotten. And for default of such Issue, To the use and behoof of the second Son of the said H. C. on the Body of the said D. to be begotten, and the Heirs-Males of the Body of such second Son, lawfully to be begotten. And for default of such Issue, To the use and behoof of the third Son of, &c. And for default of such Issue, To the use and behoof of the Seventh, Eighth, Ninth, Tenth, and all other the Sons of the said H. C. on the Body of the said D. to be begotten severally and successive­ly one after another, in order and course as they shall be in Or­der and Seniority of Age, and Priority of Birth, and the several Heirs-Males of their several and respective Bodies lawfully to be be­gotten. The Elder of the said Sons, and the Heirs-Males of his Body, being always preferred before the Younger of the said Sons, and the Heirs-Males of their Bodies. And for de­fault of such Issue, To the use and behoof of the above-said A. Lord C. A. M. J. S. L. B. J. B. and H. M. [Page 226] their Executors, Administrators and Assigns, for and during the Term of 99 years, from thenceforth next ensuing fully to be compleat and ended, without Impeachment of Waste. Nevertheless upon such Trusts and Confidences as are herein after-mentioned and declared concerning the same Term of years and Estate: And from and after the End, Surrender, or other determination of the said Term of 99 years; Then to the use and behoof of the said H. C. his Heirs and Assigns for ever.

And it is hereby declared, meant and agreed by and between all and every the said Parties to these Presents, and the true intent and meaning of them and every of them, and of these Presents, is, That the said Term and Estate, so as aforesaid, limited unto the said A. Lord C. A.M. J.S. L.B. J.B. and H.M. their Executors, Administrators, and Assigns, for the said Term of 99 years, is upon this special Trust and Confidence, and to the intent and purpose, That in case the said H.C. shall have any one, or more Daughter or Daughters, begotten on the Body of the said D. B. which shall be living at the time of the Commencement of the said Term of 99 years, That then they the said A. Lord C. A. M. J. S. L. B. J. B. and H. M. or the Survivors or Survivor of them, or the Executors or Administrators of the Sur­vivor of them, shall by, with, and out of the Rents, Issues and Pro­fits of the said Messuages, Rectory, Tithes, Lands and Premisses, to them limited for the said Term of 99 years, or by Sale or Demise thereof, or of any part thereof, for all or any part of the said Term, or by all or any of the said means, or otherwise, as to them in their Discretions shall seem meet, levy and raise the sum of 4000 l. for the Portion or Portions of such Daughter or Daughters, to be paid in such sort, manner and form as is herein after-mentioned (that is to say) In case there shall be one such Daughter, and no more, Then the said sum of 4000 l. shall be levied and raised for the Portion of such one Daughter. And if there shall be two or more such Daughters, Then the said sum of 4000 l. shall be levied and raised for the Portions of such two or more Daughters, to be equally divided amongst all such Daughters; Which said Portion or Portions shall be paid unto such Daughter or Daughters who shall not be born, or shall be unmarried, or under the Age of 17 years, at the time of the Commencement of the said Term of 99 years respectively, at the day or days of her or their respective Marriage or Marriages, or at her or their respective Age or Ages of 17 years, whichsoever shall first happen.

But if she or any of them shall be Married, or shall have attained the said Age of 17 years, before the Commencement of the said Term of 99 years, Then the Portion or Portions of such Daughter or Daughters which shall be so married, or shall have attained her said Age of 17 years, before the Commencement of the said Term of 99. shall be paid unto her or them respectively, so soon after the Commencement of the said Term of 99 years as the same can be raised.

And upon this farther Trust and Confidence also, That after the said Sum of 4000 l. shall be levied and raised for the Portion or Por­tions of such Daughter or Daughters, as aforesaid; Together with all Charges in or about the levying or raising thereof. Or, that any Person or Persons to whom any Estate is herein before limited in Re­mainder [Page 227] of the same Premisses, shall pay the same within the respe­ctive time and times limited for payment thereof, That then at any time after, as also in case there shall be no such Daughter or Daugh­ters, at the time of the Commencement of the said Term and Estate for 99 years, They the said A. Lord C. A.M. &c. their Executors, Ad­min [...]strators and Assigns, shall and will, at the reasonable Request and proper Costs and Charges of such Person or Persons to whom the next and immediate Estate for the time being, of and in the Pre­misses expectant, upon the Determination of the said Term of 99 years, shall by the true intent and meaning of these Presents, belong or appertain, surrender and yield up the said Estate and Term of years unto such Person or Persons so requiring the same.

Provided always, and it is declared, concluded and fully agreed un­to, by and between all and every the said Parties to these Presents, That it shall and may be lawful to and for the said H. C. from time to time, during his life, by any Writing or Writings under his Hand and Seal, to demise, grant, lease, limit or appoint all or any of the Mes­suages, Rectory, Tithes, Lands, Tenements, Hereditaments and Pre­misses herein before-mentioned in the said County of G. to any Per­son or Persons whatsoever, for the Term of 21 years, or for any Term or number of years, not exceeding 21 years in Possession; or for one, two or three Life or Lives, or any number of years determinable upon one, two or three Life or Lives in Possession; so as upon every such Lease or Leases so much yearly Rent as is now yearly reserved, yielded, or paid for the same, or more, or a proportionable part of such Rent, where only part of the Premisses now letten shall be de­mised, shall be reserved to continue due and payable during the said several Demises and Leases. And that the said Recoveries, and o­ther Assurances aforesaid, shall be; and the said Recoverors respe­ctively, shall stand and be seised of the Premisses so demised or leased to the several and respective uses of such Persons respectively, to whom the same shall be so leased for the Terms, by the said Leases respectively demised, and of the Reversion and Reversions thereof, during the said Leases respectively, and of the Premisses themselves, after the said Leases ended, to such use and uses respectively, as the same should have been, if no such Leases had been made.

And the said H.C. for himself, his Heirs, Executors and Administra­tors, and for every of them, doth Covenant, Promise, and Grant, to and with the said A. Lord C. A. M. &c. their Executors and Admini­strators by these Presents, That over and besides the Messuages, Re­ctory, Tithes, Lands, Tenements and Hereditaments in the said Coun­ty of G. in and by the said recited Indenture of Bargain and Sale, bearing even Date with these Presents, and by the said several Com­mon Recoveries, or by any or either of them, setled or agreed, or intended to be setled to and upon the first and other Sons of the said H.C. to be begotten on the Body of the said D. B. as aforesaid. He the said H.C. shall and will either leave to discend unto, or by good and sufficient Conveyances and Assurances executed in his life time, settle upon the eldest Son and Heir of the said H. C. begotten on the Body of the said D. B. or other Heir-male of the Body of the said H.C. begotten on the Body of the said D. B. in Fee-simple, or in Tail general or special, Lands and Hereditaments of the clear yearly va­lue [Page 228] of 500 l. per Annum over and above all Charges and R [...]prizes, (publick Taxes excepted) lying and being in J. aforesaid. Which said Lands and Hereditaments of the yearly value of 500 l. as afore­said, shall come to such Son, or other Heir-Male of the Body of the said H.C. begotten on the Body of the said D.B. in Possession, either imme­diately after the Decease of the said H.C. or after the decease of the said H.C. and of such Woman as shall be his Wife at the time of his decease.

And the said H.C. for himself, hir Heirs, Executors, Administrators and Assigns, and for every of them, doth Covenant, Promise and Grant, to and with the said A. Lord C. A.M. &c. their Executors and Administrators by these Presents, That the Messuages, Rectory, Tithes, Lands, Tenements and Hereditaments herein before-men­tioned in the said County of G. now are of the clear yearly value of 1000 l. per Annum, over and above all Reprizes (except publick Taxes) and so shall continue for ever hereafter, notwithstanding any Act or Thing whatsoever, done, or to be done or wittingly suffered by him the said H.C.

And moreover, That he the said H. C. at and immediately before the Sealing and Delivery of the said recited Indenture Tripartite, bearing even Date with these Presents, was lawfully, rightfully and absolutely seised of and in all and singular the Mannor, Messuages, Lands, Tenements, Hereditaments and Premisses in the said Inden­ture comprized, of a good, pure, absolute and indefeazable Estate of Inheritance in Fee-simple, without any Condition or Limitation of any Use or Uses, or other matter or thing, to determine, alter or change the same. And that he the said H. C. now hath, or imme­diately before the Sealing and Delivery of the said recited Indenture, had full Power and lawful Authority in himself, to bargain, sell, con­vey, settle and assure all and singular the said Mannor, Rectory, Tithes, Lands, Tenements, Hereditaments and Premisses, in manner and form aforesaid.

And farther also, That all and singular the said Mannor, Rectory, Tithes, Lands, Tenements, Hereditaments and Premisses herein before-mentioned, to be by the said recited Indenture bargained and sold, and in the said several Common Recoveries, or either of them respe­ctively, agreed to be comprized, and every part and parcel thereof, with their, &c. Appurtenances, now are, and from time to time, and at all times hereafter, shall remain, continue and be to the several uses, purposes and intents, in and by the said recited Indenture, and these Presents, mentioned and expressed, and according to the intent and true meaning of the said recited Indenture and these Presents, clear and free, and freely, clearly and absolutely acquitted, freed, exonerated and discharged, of and from all and all manner of former and other Bargains, Sales, Feoffments, Devises, Uses, Joyntures, Dowers, Entails, Estates, Leas [...]s, Rights, Titles, Rents, Arearages of Rents, Judg­ments, Statut [...]s, Recognizances, Charges and Incumbrances what­soever, had, made, committed or suffered by him the said H.C.

And farther also, That he the said H. C. and all and every other Person and Persons whatsoever, any Estate, having or lawfully claim­ing, of, in or to the Premisses, or any part or parcel thereof, by from or under him, shall and will from time to time, and at all times hereafter, at and upon the reasonable request of the said A. Lord C. [Page 229] A.M. &c. their Executors or Administrators, do make, levy, execute, acknowledge and suffer, and cause to be done, made, levied, executed, acknowledged and suffered, all and every such farther and other rea­sonable Act and Acts, Thing and Things, Assurances and Convey­ances in the Law whatsoever, for the farther, better and more perfect assuring, setling and confirming of all and singular the Premisses herein before-mentioned, or any part thereof, to the uses, intents and pur­poses herein before expressed concerning the same respectively. Be it by Fine or Fines, Feoffment or Feoffments, Common Recovery or Recoveries, with single, double, or treble Voucher or Vouchers, Re­lease or Confirmation, or otherwise howsoever, as by the said A. Lord C. A.M. &c, their, or any of their Executors or Administrators, or by their or any of their Councel learned in the Law, shall be reasonably devised, or advised and required. In witness, &c.

Bargain and Sale for Recoveries.

THis Indenture Tripartite, made the, &c. day of, &c. Between the Honourable H. C. one of the Sons of the Right Honourable A. Lord C. deceased of the first part, A.M. of R. in the County of S. and J.B. of A. in the County of C. of the second part, and the Right Honourable A. Lord C. Baron of H. J.S. of B. in Com. O. L.B. of B. in d [...]cto Com. C. and H.M. of R. aforesaid, of the third part, Wit­nesseth, That the said H.C. for and in consideration of the sum of, &c. to him in hand paid by the said A.M. and J. B. at or before the Seal­ing and Delivery of this present Indenture. The Receipt whereof the said H. C. doth hereby acknowledge, and for divers other good Causes and Considerations, him the said H. C. thereunto especially moving, Hath granted, bargained and sold, and by these Presents doth grant, bargain and sell unto the said A. M. and J. B. their Heirs and Assigns, All that the Mannor and Lordship of J. with the Rights, Members and Appurtenances thereof in the County of W. And all and singular the Messuages, &c. And all those Messuages, Lands, Te­nements and Hereditaments within the Township, Parish, Hamlets, Territories, Precincts or Fields of T.S. &c. in the County of G. &c. And also all that the Rectory, Parsonage and Church of C. with the Rights, &c. And all and singular other the Messuages, Lands, &c. And the Reversion and Reversions, Remainder, &c. To have, &c. Habend. the said Mannor, Lordship, Rectory, Messuages, Lands, Tenements, Heredita­ments, and all and singular other the Premisses, with their, &c. Appur­tenances unto the said A. M. and J. B. their, &c. To the use of them the said, &c. To the intent and purpose nevertheless. That the said A.M. and J.B. or the Survivor of them, may be perfect Tenant, or Tenants, &c. And to that end and purpose it is farther concluded and agreed, by, &c. That before the end of Easter Term next ensuing the Date hereof, several good and perfect Common Recoveries, &c. shall be had executed and perfected of and for, &c. And that for that end and pur­pose several Writs of Entre sur disseisin en le Post shall be brought, &c. To which several Writs the said A.M. and J. B. shall appear gratis in their, &c.

And it is farther Covenanted, concluded, declared, and fully agreed by and between, &c. That the said several Common Recoveries to so be had and suffered, as aforesaid, and all and every other Recovery and Recoveries, &c. shall enure and be, and shall be construed, &c. And the said A. Lord C. J. S. L. B. and H. M. and their Heirs, and all and every Person and Persons whatsoever, that now are, or hereafter shall be at any time seised of and in the said Mannor, &c. shall from and immediately after the passing and suffering of the said several Com­mon Recoveries, &c. stand and be seised thereof, and of every part and parcel thereof respectively, to such uses, behoofs, intents and pur­poses, as are or shall be thereof mentioned, expressed, limited or de­clared, in and by one Indenture Quadripartite, bearing even Date with these Presents, made, or mentioned to be made between the said H. C. of the first part, D.B. Daughter and Co-heir of R. B. Esquire, de­ceased, and sole Daughter and Heir of M. B. Wife of the said R.B. of the second part, the said A. M. and J. B. of the third part, and the said A. Lord C. J. S. L. B. and H. M. of the fourth part, and to none other use, intent or purpose whatsoever. In witness, &c.

Deed that the Wife shall convey at the Age of 21.

THis Indenture, Tripartite, made the 16th day of Febr. 1658. Between the Honourable H. C. Esquire, one of the Sons of the Right Honourable A. Lord C. deceased, of the first part, D. B. Daugh­ter and Co-heir of R. B. deceased, and sole Daughter and Heir of M. B. Wife of the said R. B. of the second part, and the Right Honourable A. Lord C. Baron of H. A. M. of R. in Com. S. J. S. of B. in Com. O. L. B. of B. in Com. C. J. B. of A. in Com. C. and H. M. of R. aforesaid, of the third part. Whereas by one Indenture Tripartite, bearing even Date with these Presents, made, or mentioned to be made, between the said H. C. of the first part, the said Adrian M. and J. B. of the se­cond part, and the said A. Lord C. J. S. L. B. and H. M. of the third part; And by one Indenture Quadripartite, also bearing even Date with these Presents, made, or mentioned to be made between the said H. C. of the first part, the said D. B. of the second part, the said A. M. and J. B. of the third part, and the said A. Lord C. J. S. L. B. and H. M. of the fourth part: And by Common Recovery, and other Assurances,Here the Par­cels must be recited. by the said recited Indenture, or one of them, agreed to be had and suffered, All that the Mannor and Lordship of J. with the Rights, Members and Appurtenances thereof in the County of W. And all and singular the Messuages, &c. [Prout in the Bargain and Sale to the Grant of the Reversion.] Are limited to the several and re­spective uses, behoofs, intents and purposes, and with and under the several Limitations, Powers, Authorities, Liberties, Provisoes, Con­ditions and Agreements in the said Indenture Quadripartite, as for and concerning the same Premisses respectively, declared, mentioned, limited and expressed: And (amongst other things) as for and con­cerning the said Messuages, Rectory, Tithes, Lands, Tenements, He­reditaments, [Page 231] and other the Premisses whatsoever in the said County of G. To the use and behoof of the said H. C. for and during the term of his Natural life, without impeachment of or for any manner of Waste. And from and immediately after the Determination of that Estate, To the use and behoof of the said A. M. and J. B. and their Heirs, du­ring the life only of the said H. C. upon Trust, for preserving, &c. [Prout in the Settlement unto these words, Nevertheless, &c.] Ne­vertheless upon such Trusts and Confidences, and to and for such in­tents and purposes as are mentioned, expressed, limited or declared, concerning the same Premisses in and by these Presents, as in and by the said recited Indenture Quadripartite (Relation being thereunto had) amongst divers other things therein contained at large it doth and may appear,

And whereas it is agreed between all the said Parties to these Pre­sents, That the said D. B. (she being now under the Age of 21 years) shall at any time after she shall have attained her full Age of 21 years, upon the request of the said H.C. his Heirs, Executors, or Administra­tors, settle and convey by such ways and means in the Law, as by the said H. C. his Heirs, Executors, or Administrators, or by his or their Councel learned in the Law, shall be reasonably devised, or ad­vised and required. All those her Mannors, Messuages, Lands, Tene­ments and Hereditaments, with their and every of their Appurte­nances, situate, lying and being within the City of L. and in the County of K. and within the Townships, Villages, Hamlets, Pre­cincts, or Parishes of T. otherwise T. Hall, B. &c. and within the Pa­rishes of St. S. and St. M. in I. in the County of S. and in P. M. &c. in the County of E. And all other her Lands and Hereditaments in L. and in the said Counties of K.S. and E. and every of them, to such uses as are herein after-mentioned and expressed, or to the same effect, or as near the same as may be in reference to the Parties concerned in such Settlement or Conveyance who shall be living at the time of the making and executing thereof (that is to say,) To the use and behoof of her the said D. B. for and during the Term of her Natural life, without impeachment of or for any manner of waste; and from and immediately after her Decease, To the use and behoof of the said H. C. for and during the Term of his Natural life. And from and immediately after the Decease of the Survivor of them the said H. C. and D. B. To the use and behoof of the first Son of the said D. by the said H. C. and the Heirs Males of the Body of such first Son law­fully to be begotten. And for default of such Issue, To to the use and behoof of the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and all other the Sons of the said D. by the said H. C. severally and successively one after another, in order and course as they shall be in order and Seniority of Age and Priority of Birth, and the several Heirs Males of their several and respective Bodies. Every Elder of the said Sons, and the Heirs Males of his Body being always preferred before the younger of the said Sons, and the Heirs Males of their Bodies. And for default of such Issue, To the use and behoof of the said A. Lord C. A. M. J. S. L. B. and H. M. their Executors, Administrators and Assigns, for and during the Term of 99 years from thenceforth next ensuing, fully to be complete and ended, with­out impeachment of Waste: Ʋpon special Trust and Confidence to [Page 232] be declared in and by such Settlement, as aforesaid, for the raising the Sum of 4000 l. of, &c. for the Portion or Portions of the said Daughter or Daughters of the said D. B. by the said H. C. to be paid in such manner and at such times, as in and by the said Quadripartite Indenture before-mentioned, the 4000 l. therein limited in like case to be raised out of the Lands and Hereditaments of the said H. C. in the said County of G. therein expressed, are limited and appointed to be raised; with such Remainders over as the said D. shall think fit to have expressed in the said Settlement.

Now this Indenture witnesseth, and it is hereby declared, meant and agreed, by and between all and every the said Parties to these Presents, and the true intent and meaning of them, and of these Pre­sents, is, That the said Term and Estate, so as aforesaid limited unto the said A. Lord C. A. M. &c. for the said Term of 60 years (if the said D. B. shall so long live) is upon this special Trust and Confidence, and to the intent and purpose, That in case the said D. B. shall (after such time as she shall have attained her full Age of 21 years, and shall be required by the said H. C. his Executors or Administrators, to make such Settlement, as aforesaid, of her Lands and Hereditaments herein before-mentioned) refuse or unnecessarily delay to convey the same Premisses accordingly, That then the benefit of the said Term and E. state for 60 years, determinable by the Death of the said D. B. shall go and be applied to and for such Person or Persons as the said H. C. shall nominate and appoint in that behalf, in or by any Writing to be by him subscribed and sealed in the presence of two or more credible Witnesses. And in default of such Appointment, shall go and be ap­plied to and for the right Heirs of him the said H. C. But never­theless, it is hereby declared and fully agreed by and between all and every the said Parties to these Presents, That until such Refusal or un­necessary Delay by D. B. to make such Settlement as aforesaid. Or in case the said D. shall make such Settlement, or shall joyn with the said H. C. in any other other Settlement of her Lands and Hereditaments aforesaid, That then the said Term and Estate for 60 years, determi­nable by the Death of the said D. B. as aforesaid, limited in and by the said recited Indenture Quadripartite, shall go and be applied to and for the benefit of her the said D. and for the augmentation of her Joynture and Maintenance.

Provided always, and it is farther concluded and agreed by and be­tween all and every the said Parties to these Presents, That if the said D. B. shall joyn with the said H. C. in any other Conveyance or Assu­rance of her said Lands, and Hereditaments, or any part thereof, That then she the said D. shall not be hereby tied or compelled to make the Settlement and Assurance hereby intended, as to so much of the same Premisses whereof she shall joyn with the said H. C. in any other Assu­rance, as aforesaid. In witness, &c.

Articles of Agreement indented, made, concluded, and agreed upon the— Day of— in the Year of &c. Between R. G. second Son of Sir R. G. late of N. C. in the County of Y. deceased, and R. G. of L. Ʋncle of the said R. G. of the one part, And the Right Honourable E. Viscountess Dowager P. and H. S. of K. in the said County of Y. of the other part.

FIrst,Articles of A­greement be­fore Marriage. It is concluded and agreed by and between the said Parties to these Presents, That a Marriage shall by the Grace of God be shortly hereafter had and solemnized between the said R. G. and E. F. Daughter and Heir of C. F. deceased, by the said E. now Viscoun­tess P. heretofore the Wife of the said C. F. if the said E. F. will there­unto consent and agree. Also it is agreed between the said Parties to these Presents, and the said E. Viscountess P. doth hereby covenant and grant to and with the said R. G. and R. G. by these Presents, That the said E. Viscountess P. shall and will, upon or before the said Mar­riage, pay or well and sufficiently secure to be paid unto the said R. G. the Sum of 2000 l. for the Marriage Portion of the said E. F. which it is agreed between all the said Parties to these Presents, That the said R. G. is to have and receive for and towards the payment of several Sums of Money, which by the last Will and Testament of the said Sir R. G. he the said R. G. is appointed to pay, being hereby charged upon several Man­nors and Lands formerly settled upon the said Sir Richard G. by the said Sir R. G. his Father, with Power for him the said Sir R. to charge the same, And afterwards by the said last Will and Testament of the said Sir R. devised to the said R. G. for a Term of years, for raising certain Sums of Money thereby bequeathed.

And it is also agreed between the said Parties to these Presents, That the said R. G. in consideration of the said 2000 l. shall and will surren­der unto the said Rich. G. all the Term and Interest of, and in the said Mannors and Lands to him the said R. G. given and devised by the last said Will and Testament of the said Sir R. G. whereby to put the said R. G. into the immediate possession of the said Mannors and Lands.

Also it is agreed by and between all the said Parties to these Pre­sents, That in consideration of the said Marriage and Portion, the said R. G. shall and will, either before the said Marriage, or within three days after the said Marriage, well and sufficiently limit and settle Lands and Tenements of the yearly value of 300 l. lying and being in N. C. and in B. in the Parish of R. in the said County of Y. or one of them, unto, for, or upon the said E. F. for her life for her Joynture; And that the same shall be in Lieu and Recompence of her Dower, in all the Mannors, Lands, and Tenements of the said R. G.

Also whereas by one Indenture bearing Date the —day of &c. made or mentioned to be made between the said Sir R. G. of the one part, and Sir J. L. of L. in the County of W. the said R. G. J. B. of H. in the Parish of P. in the said County of Y. and C. G. of N. C. a­foresaid, Yeoman, of the other part, the said R. G. hath such Power as is therein expr [...]ssed for the bettert raising of Moneys, either for pay­ment of Debts, or younger Childrens Portions, or for any other Causes or Considerations him moving, to demise, grant, assign and set-over, by any Lease or Leases in Writing under his Hand and Seal, all and every, or any of the Mannors, Lands, and Premisses in the said Indenture mentioned lying in C. and S. R. and certain other places in the said Indenture mentioned, whereof he shall be so seized and pos­sessed as is therein mentioned, (Except as in the said Indenture is ex­cepted) unto any other person or persons, for and during the Term of eight years, or for any shorter Term to commence and begin from the making of such Lease or Leases in Possession, and not in Reversion, as in and by the said Indenture more plainly appeareth.

Now it is hereby concluded and agreed, by and between the said Parties to these Presents, And the said R. G. doth hereby covenant and grant, to and with the said E. Viscount' P. That he the said R.G. shall and will, within the space of three Months next ensuing the date hereof, make a good and sufficient Lease in Writing, under his Hand and Seal,Covenant to make a Lease in writing. unto the said E. Viscountess P. H. S. and R. G. ac­cording to the Power in that behalf in and by the said Indenture bear­ing Date the sa [...]d—day of &c. in the said Year of &c. to him the said R. G. limited or given, Of all that the Mannor or Lordship of C. and S. R. in the said County of Y. with all and every the Rights, Members, and Appurtenances thereunto belonging, And all and eve­ry the Messuages, Houses, Buildings, Lands, Tenements, and Here­ditaments whatsoever, late of the said Sir R. G. Deceased, in C. and S. R. aforesaid, or in either of them, with their and every of their Appurtenances, To have and to hold the same unto the said E. Viscoun­tess P. H. S. and R. G. their Executors, Administrators, and Assigns, from the making of the said Lease, for and during the Term of Eight years fully to be compleat and ended.

And it is hereby farther concluded and agreed by and between all the said Parties to these Presents, That within the space of one year next after the making of the said Lease for eight years (in case the said R.G. and the said E. F. his now intended Wife, shall be both living, Or that the said R.G. and any Children which he shall have by the said E. shall be living) the said Lease for eight years, shall be surrendred and given up unto the said R. G. thereby to enable to make another new Lease for eight years,Quaere if an a­ctual Entry be not requisite after such Sur­render, If not necessary, yet it is safe to make such En­try. as is herein after-mentioned; And that with all speed after the said Surrender, he the said R.G. shall and will make seal and deliver unto the said E. Viscountess P. H. S. and R. G. or to the Survivors or Survivor of them, Or in case they be all dead, then to some other fit persons to be named by the said E. F. (if she be living) a new Lease of all and singular the said Mannor, Lands, and Premisses, for the like Term of eight years from the making of such new Lease, which new Lease shall be made of the same Mannor, Lands, and Premisses, and in such sort, manner, and form in all things, mutatis mutandis, as the said Lease which shall be so surrendred, And so [Page 235] from time to time, during all the time of the natural life of the said R. G. together with any Issue of his Body by the said E. F. once at least in every year the Lease in being of the Mannor, Lands, and Premisses, shall be surrendred, and a New Lease made for eight years from the making thereof, according to the Power in such behalf, in and by the said Indenture bearing Date &c. to him the said R. G. limited or given, So as that at the time of the Death of the said R. G. whensoever it shall happen, if he have any Issue living by the said E. or that she happen to be enseint of a Child by him at the time of his Death, there may be a Lease of the said Mannor, Lands, and Premisses, for more then the Term of Seven years to come and unexpired at the time of his Death, every one of which Leases from time to time to be made, shall be made to the same persons as the former (if they be li­ving) or else to some other fit person to be named by the said E. F. (if she be living) and shall be made in such sort, man­ner, and form, as the old Lease surrendred was made, mutatis mutandis.

And it is hereby declared, concluded, and agreed by and be­tween all the said Parties to these Presents, That the said Lease for eight years, so to be made within three Months after the Date thereof, and all other the said new Leases, which shall be from time to time made, according to the Agreement herein be­fore-expressed shall be, and shall be construed, expounded, and taken to be upon this special Trust and Confidence, and to the intent and purpose, That they the said E. Viscountess P. H. S. and R. G. or other Lessees in the said new Lease or Leases to be named, their Executors, Administrators, and Assigns, shall and will, from time to time, permit and suffer the said R. G. du­ring his natural life, to receive and take all the Rents and Pro­fits of the said Mannor, Lands, and Premisses.

And that after his Decease, in Case the said R. G. shall leave any Daughter or Daughters, or younger Son or Sons, by the said E. F. Or that at the time of the Decease of the said R. G. she the said E. shall be enseint of any Daughter or younger Son by him, Then they the said E. Viscountess P. H. S. and R. G. or the said other Lessees, in any such Lease to be named, their Executors, Admistrators, and Assigns, shall imploy all the Rents and Profits of the said Mannor, Lands, and Premisses, for the be­nefit of such Daughter or Daughters, and younger Son or Sons of the said R. G. by the said E. F. and for raising of Porrtions for them, the same to be shared and divided amongst such Daughter or Daughters, and younger Son or Sons, in such Shares and Proportions as the said R. G. in his life time, by a­ny Deed or Writing, under his Hand and Seal, to be by him Subscribed and Sealed in the Presence of two more credible Wit­nesses, or by his last Will and Testament in Writing shall direct and appoint.

And in Default of such Direction and Appointment, the same shall be equally divided amongst all such Daughter and Daugh­ters, younger Son and Sons, share and share like; Or if there be but one, shall be paid to that one, be it a Daughter [Page 236] or younger Son, And if there be no younger Son or Daughter, and one only Son, Or that the said E. be enseint of a Son at the time of the Decease of the said R. G. to be paid to such Son.

And upon this farther Trust, That if it shall so happen that the said R. G. at the time of his Decease, shall leave no Issue living, begotten on the Body of the said E. Nor shall have any Daughter or Son by the said E. born after his Decease, That then and in such Case they the said E. Viscountess P. H. S. and R. G. or such other Lessees as a­foresaid, their Executors and Administrators, shall at any time hereafter the Decease of the said R. G. and no possibility of any such Daughter, or Son to be born at and upon the reasonable request and proper Costs and Charges of such person or persons, to whom the immediate Estate of Inheritance or Freehold of and in the Premisses, expectant upon the Determination of the said Term of eight yearr, shall by the true in­tent and meaning of the said Indenture, bearing Date &c. belong or appertain, surrender and yield up the said Estate and Term of years unto such person or persons so requiring the same.

Also whereas T. late Viscount S. Deceased, did heretofore become bounden unto Sir W. S. Kt. Deceased, late Father of the said E. Vis­count P. in the Sum of 1000 l. by Obligation bearing Date &c. with Condition for the Payment of 520 l. unto the said Sir W. S. his Ex­ecutors or Administrators, on &c.

And whereas the said T. Viscount S. and one E. S. did also become bounden unto the said Sir W. S. in the like Sum of 1000 l. by another Obligation bearing Date &c. with Condition for payment of other 520 l. unto the said Sir W. S. his Executors or Administrators, upon &c. as by the said several Obligations and Conditions thereof may appear.

And whereas the said two several Principal Sums of 500 l. which were lent upon the said two several Bonds, or any part thereof, have not been paid either to the said Sir W. S. in his life time, or to his Ex­ecutors since his Decease, but remain hitherto wholly unpaid; Nei­ther hath there been any Interest paid for the same since the year of our Lord &c.

And whereas the said Sir W. S. by his Deed indented, Dated &c. did (amongst other things) grant, assign, and set-over unto Sir S. M. and A. B. their Executors, Administrators, and Assigns, in Trust for the said E. Visc. P. his Daughter, the said two several Obligations or Writings Obligatory, and all and every Sum and Sums of Money whatsoever owing, due, and payable to the said Sir W. S. in or by the said Obligations or Conditions thereof, or by the intent and true mean­ing thereof, And did thereby give Power and Authority unto the said Sir S. M. and A. R. their Executors and Assigns, to sue for and reco­ver the Debts due upon the said Obligations, with Covenants not to revoke the said Power, and that he and his Executors and Admini­strators, should give farther Power for the recovering the said Money, as by the said Indenture may appear.

And whereas afterwards the said Sir W. S. made his last Will and Testament in Writing, and thereof made the said H. S. his Son, and others, Executors, and after died, whereby although the said Debts be in Law due unto, and are to be recovered by or in the names of the said Executors, yet in Equity, and according to the true intent and meaning of the said Sir W. S. the said E. Visc. P. is to have the [Page 237] Money due upon the said Bonds, when it shall be recovered.

Now it is hereby concluded and agreed by and between all the said Parties to these Presents, That such means and course shall be had, used, and taken at the Costs and Charges of the said R. G. his Execu­tors or Administrators, for the Recovery of the said Debts due upon the said several Obligations, as by the Counsel of the said R. G. his Executors or Administrators, shall be advised; And that whensoever the said Debts, or any part thereof, shall be recovered or obtained, the said R. G. his Executors or Administrators, shall in the first place be paid and satisfied out of the same, all manner of Costs, Charges, and Expences whatsoever, which he or they shall have expended in or about the Recovery thereof; And that the residue of the Money so to be recovered, shall be disposed of, and bestowed either in the purchase of Lands or Leases, or else put forth at Interest, upon Security to be taken for the same, in the names of the said E. Viscountess P. H. S. and R. G. or the Name or Names of the Survivors or Survivor of them upon such special Trust and Confidence for the said R.G. and his Daugh­ters and younger Sons by the said E. F. As that the said R. G. may have the whole profit and proceed thereof during his life, And that after his Decease, all the Principal Money, or the Lands or Leases which shall be therewith purchased, shall go unto all his Daughters and younger Sons by the said E. F. in such Shares and Proportions as he the said R. G. by any Writing or Writings, under his Hand and Seal, to be Subscribed and Sealed by him, in the presence of two or more credible Witnesses, or by his last Will and Testament in Writing shall direct and appoint, And in default of such Direction and Appointment, then equally amongst all the Daughters and young­er Sons of the said R. G. by the said E. F. Or if there be but one, then to that one, be it a Daughter or younger Son; And that in default of such Daughter or Daughters and younger Son or Sons of the said R.G. by the said E. F. the same to the eldest Son of the said R. G. by the said E. F. or whereof the said E. shall be enseint at the time of the said Decease of the said R. G. And in default of such Son, to the said R. G. his Heirs, Executors, or Administrators.

Also it is hereby farther concluded and agreed by and between the said Parties to these Presents, And the said R. G. doth covenant, grant, and agree to and with the said E. Viscountess P. and H. S. their Ex­ecutors and Administrators, by these Presents, That within one Month next after such time as the said several Debts due upon the said several Obligations, or any part or parts thereof, amounting to 1000 l. or more, or any satisfaction for the same, to the value of 1000 l. or more, shall be recovered or had, and that the same be disposed of, bestowed, or put forth at Interest in such sort as is herein before expressed, He the said R. G. shall and will well and sufficiently settle and assure unto, or upon the said E. F. (if she be then living) for her life, for increase of her Jointure, other Lands and Tenements of a good Title, free from Incumbrances, of the clear yearly value of 1000 l. by the year, over and beside the said Lands and Tenements of the yearly value of 300 l. herein before agreed to be settled for Jointure. In Witness, &c.

Surrender of Tenants.

THis Indenture made &c. Between J. S. of C. in the County of Y. J. K. R. H. L. M. &c. all of N.C. in the said County of Y. and M.R. and A.W. of N.C. aforesaid, Widows, of the one part, And R.G. second Son of Sir R.G. &c. deceased, and R.G. of L. of the other part, Whereas the said J. S J.K. R.H. M. L. &c. do every of them now severally hold and enjoy divers and sundry Messuages, Lands, Tene­ments, and Hereditaments, in their several and respective Tenures and Occupations, situate and being in C. and N.C. aforesaid, or in one of them, in the said County of Y. for divers several particular Terms and Estates for years, the immediate Reversion whereof is expectant unto the said R.G. for his life, with Remainder to his Sons successively in tail, by force and virtue of a Conveyance thereof made by the said Sir R.G. in his life time, by Indenture of Feoffment bearing Date &c. By which Indenture the said R. G. hath a Power given unto him, That at any time after his lawful Entry unto, and being in possession of the said Premis­ses or any part thereof, by virtue of the uses thereby limited, he may assure, limit, or appoint by any Deed or Writing, under his Hand and Seal, such part or parcels of the said Premisses, whereof he shall be then seized and possessed by virtue of the said Indenture, not exceeding such a proportion as is therein mentioned, unto, or for every or any such Wife as he shall marry, for the Jointure of such Wife, for and du­ring her natural life; And another Power, That at any time after his lawful Entry unto, and being in possession of the Premisses in C. and o­ther places in the said Indenture mentioned, or any part thereof, he may for the better raising of Moneys for purposes as in the said Inden­ture is mentioned, demise, grant, assign, and set over by any Lease or Leases in Writing under his Hand and Seal, all and every, or any of the said last mentioned Premisses in C. and the said other places there named, whereof he shall be then so seized and possessed as aforesaid (such part and parcels thereof as shall be then limited for any such Join­ture as aforesaid excepted) unto any other person or persons, for and during such Term of years as is herein mentioned, and in such sort as is here therein mentioned.

And whereas some doubt or question may be made, whether accord­ing to the penning and strict words of the said several Powers the said R.G. can lawfull [...] execute the same Powers by making a Jointure for a Wife, or provision for such younger Childr [...]n as he shall or may have by such Wife, in respect that they the said J. S. J.K. R.H. M. L. &c. have now the immediate possession of several parts of the said Lands and Premisses,Tenants in possession. by virtue of their said several Terms and Estates for years as aforesaid; And whereas the said J. S. J.K. R.H. M. L. &c. are all willing and contented to do any reasonable Act for the removing such Doubt or Scruple as aforesaid, And for better enabling the said R. G. to execute the said several Powers, so as they be not hurt or prejudiced thereby, but may severally enjoy their several Tenements and Farms, according to their several Leases and Estates they now have therein.

Now this Indenture witnesseth, That the said J. S. J. K. R. H. M. L. &c. in Consideration of the Covenant herein after contained on the part and behalf the said R. G. to be performed and kept, Have every of them severally and respectively granted, surrender'd, and given up, And by these Presents do every of them grant, alien, sur­renderSurrender. and give up unto the said R. G. All and every the Messuages, Lands, Tenements, Hereditaments, and Premisses whatsoever, in their, every or any of their several and respective Tenures and Occupations in C. and N. C. aforesaid, or either of them, whereof or wherein the said R. G. hath any Estate of Freehold as aforesaid, And all the Estate, Right, Title, Interest, Possession, Claim and Demand whatsoever of them the said J.S. J.K. R.H. M. L. &c. and every of them severally and respectively, or otherwise, of, in and to the Premisses, and every or any part or part thereof, To have and to hold the said Messuages, Lands,Habend. Tenements, and Premisses, unto the said B. G. and his Assigns for ever.

And the said R.G. jointly and severally for themselves, their Heirs, Executors, and Administrators, do covenant, promise and grant, to and with the said J. S. J.K. R.H. M. L. &c. and every of them, jointly and severally, and to and with their, and every of their Executors and Ad­ministrators by these Presents, That the said R.G. or such other person or persons as shall have good and sufficient Power and Authority in that behalf, shall and will at his or their own proper Costs and Charges, at a­ny time or times during the respective residue of the several years in the said several Leases thereby surrender'd, mentioned to be granted, re­spectively, not yet by effluxion of Time expired, upon the request of them the said J.S. J.K. R.H. M. L. &c. or any of them severally and respectively, make and execute unto every of them severally and re­spectively, a good and sufficient Lease by Indenture of all the same Te­nements and Premisses whereof they respectively are now possessed as aforesaid, for all such time and number of years as they respectively then should or ought to have held the same in Case these Presents had never been made, by force or virtue of any Lease or Estate hereby sur­rendred at and under the same yearly Rents and Reservations, and with and under the same Covenants and Agreements (mutatis mutandis) as are contained in the Leases which they respectively have or had therein before the Surrender hereby made, they respectively Sealing and Executing Counterparts of the same new Leases.

And that in the mean time, until such new Leases made and execu­ted as aforesaid, they the said J.S. J.K. R.H. M. L. &c. severally and respectively, and their respective Assigns, shall and may quietly and peaceably, have, hold and occupy, possess and enjoy, All and singular the said Messuages, Lands, Tenements and Hereditaments now in their several and respective Tenures and Occupations, and receive and take the Profits thereof, and convert the same to their own respective uses, during the residue of the said respective years in the said former Leases mentioned, not yet by effluxion of time expired, without any manner of lett, trouble, interruption, or denial of the said R. G. or of any o­ther person or persons claiming, or to claim from, by or under him, or under the said Sir R. G. deceased.

And farther also, That they the said R. G. and R. G. shall and will from time to time, and at all times hereafter, save, keep harmless, lossless and indempnified, them the said J. S. J. K. R. H. M. L. &c. [Page 240] and every of them, their and every of their Executors and Admini­strators, or otherwise sufficiently recompence them for, or in respect of any loss or damage to be had or susteined by reason of the making hereof. In witness, &c.

Lease for Eight years.

THis Indenture made &c. Between R. G. second Son of &c. of the one part, and the Right Honourable E. Viscountess Dow­ager P. H. S. of K. in Com. Y. and R. G. of L. &c. of the other part, Witnesseth, That the said R. G. for divers good Causes and Conside­rations him moving, according to the Power to him given in and by one Indenture bearing Date &c. made or mentioned &c. between the said Sir R. G. of the one part, and Sir J. L. of L. in Com. W. and C. G. of &c. of the other part, and by virtue thereof, and of all and every other Power and Powers and Authorities, which to him the said R. G. doth or may in any wise belong or appertain, having made his lawful Entry into, and being possessed of all and singular the Mannors, Lands, and Tenements herein after-mentioned, Doth by this present Lease in writing, under his Hand and Seal, demise, grant, assign, and set o­ver unto the said E. Viscountess P. H. S. and R. G. All that the Man­nor or Lordship of C. in the said County of Y. with all and every the Rights, Members, and Appurtenances thereunto belonging; And all and ev [...]ry th [...] Messuages, Houses, Buildings, Lands, Tenements, and Hereditaments whatsoever, late of the said Sir R. G. deceased in C. &c. aforesaid, or either of them, with their and every of their Ap­purtenances,Habend. To have and to hold the said Mannor or Lordship, and all and singular other the Premisses hereby demised, or &c. with their &c. Appurtenances, unto the said E. Viscountess P. H. S. and R. G. their Executors, Administrators, and Assigns, from the making of this pre­sent Lease, for and during the Term of Eight years fully to be compleat and ended, upon such special Trusts, and to and for such intents and purposes, as in and by certain Articles indented bearing Date the &c. now last past before the Date to these Presents made, or &c. between the said R. G. and R. G. of the one part, and the said E. Viscountess P. &c. of the other part, is expressed and declared. And he the said R. G. for himself, his Heirs, Executors, and Administrators, doth co­covenant, promise, and grant, to and with the said E. Visc. P. &c. their their Executors, Administrators, and Assigns, by these Presents, That he the said R.G. now at the time of the Sealing and Delivery hereof, hath full Power and Authority in himself to demise, grant, assign, and set over all and singular the said Mannors, Messuages, Lands, Tenements, Hereditaments, and Premisses, hereby granted, assigned, and set over, or herein before-mentioned to be &c. with their &c. Appurtenances, unto them the said E. Visc. P. H. S. and R.G. their Executors, Admini­strators, and Assigns, for the Term aforesaid, and in manner and form a­foresaid. In witness, &c.

A Joynture to be sealed before Marriage, and another after Marriage. Vide Les parolx en le Judgment.

TO all Christian People to whom this present Writing shall come, R. G. Esquire, second Son of, &c. Knight and Baronet, decased, sendeth Greeting. Know ye, That for and in Consideration of a Mar­riage already had and solemnized between him the said R. G. and E. G. his now Wife, Daughter and Heir of C. F. deceased, and of the Sum of 2000 l. of, &c. paid by the Right Honourable E. Viscountess P. Mother of the said E. G. for the Portion of the said E. And of such farther Advantage and Fortune as will accrue to the said R. G. by the said Marriage. He the said R. G. according to the Power to him given, in and by one Indenture bearing Date, &c. made, or men­tioned to be made between the said Sir R.G. of the one part, and Sir J. L. of L. in Com. W. &c. and C.G. of L. of the other part, and by virtue thereof, and of all and every other Power and Powers, and Authorities, which to him the said R. G. doth or may in any wise be­long or appertain, having made his lawful Entry into, and being in a Possession of the Lands, Tenements, and Hereditaments herein after­mentioned by virtue of the uses by the said Indenture limited, Doth by this present Deed or Writing, under his Hand and Seal, limit and appoint all those several Closes, Inclosures, and parcels of Meadow and Pasture-ground, lying and being in N. in the Parish of R. in the said County of Y. herein after-mentioned (that is to say) One Close, &c.These must be examined with the Pa­per given in for the Joyn­ture. containing, &c. one other Close, &c. containing, &c. All which said Closes, Inclosures, and parcels of Meadow and Pasture-ground, are now in the occupation of T.W. his Assigns or Under-Tenants, at and under the yearly Rent of, &c. or near thereabouts, butting and bound­ing on the East to R. Park, on the West to the High-street leading to R. on the South to N. on the North to the Lands of, &c. being all parcel of the Lands, Tenements and Hereditaments, in and by the said Indenture granted and conveyed, and not exceeding one full Moiety, or half part of so much thereof, whereof he the said R.G. is seised and possessed, by virtue of the said Indenture, unto and for the said E.G. now the Wife of him the said R. G. for her Joynture; To have and to hold the said Lands, Tenements, Hereditaments and Premisses hereby limited and appointed, as aforesaid, unto her the said E.G. from hence­forth had for and during the Natural life of her the said E. for her Joynture, and in lieu and satisfaction of her Dower in all the Mannors, Lands, Tenements and Hereditaments of the said R.G. In witness, &c.

A Mortgage with a release of an Annuity.

THis Indenture, Tripartite, made the, &c. day of, &c. Between Sir H.L. of F. in the County of W. Baronet, C.L. Esquire, one of the Brothers of the said Sir H.L. of the first part, J.T. Esquire, Son and Heir apparent of Sir R.T. Lord Viscount T. S.T. of S. in the said County of W. Esquire, and W.M. of A. in the said County of W. E­squire, of the second part, and the Lady M. L. one of the Daughters of the Right Honourable F. Lord D. Earl of S. deceased, of the third part. Whereas Sir T.L. Knight and Baronet, deceased, late Father of the said Sir H.L. and C.L. Did by his Indenture bearing Date, &c. grant and convey to the said J.T. S.T. and W.M. their Heirs and Assigns, All those his Lordships or Mannors of A. H, &c. in the Counties of W. and S. and divers other Lands and Hereditaments in the said Inden­ture mentioned upon Trust (amongst other things) That they the said J.T. S.T. and W. M. and their Heirs, should pay unto the said C.L. during his Natural life, at and from his Age of 19 years, the yearly Rent or Annuity of 100 l. per Annum, out of the Rents, Issues and Profits of the said Lordships, Mannors, Lands and Premisses, as in and by the said Indenture (relation, &c.) may more, &c. appear.

And whereas the said C.L. having divers years since attained his Age of 19 years, hath desire, That the said Rent or Annuity might be sold, and the Money by him employed as he should think to be most for his advantage; to which the said J. T. S. T. and W. M. and also the said Sir H. L. have agreed, and the said Lady M. L. (at the request of the said J.T. S.T. and W.M. and of the said Sir H.L. and C.L.) hath conde­scended to lend the Sum of 800 l. upon the Security herein after­mentioned.

Now this Indenture witnesseth, That for and in consideration of the said sum of 800 l. to the said L. C. in hand paid by the said Lady M.L. at and before the Sealing and Delivery of this present Inden­ture, by the appointment of the said J.T. S.T. W.M. Sir H. L. the Receipt and Payment whereof accordingly, the said Sir H.L. C. L.J.T. S.T. and W.M. doth hereby acknowledge; and thereof of and every part and parcel thereof, do clearly and absolutely acquit, exonerate and dis­charge the said Lady M. L. her Executors and Administrators, fore­named by these Presents; They the said Sir H.L. and C.L. and also they the said J.T. S.T. and W.M. (by the consent and appointment of the said Sir H. L. and C. L. testified by their being Parties to these Pre­sents) have demised, granted, bargained and sold, and by these Pre­sents do demise, grant, bargain and sell unto the said Lady M. L. her Executors, Administrators, and Assigns, All that the Mannor or Lord­ship of C. with the Rights, Members and Appurtenances thereof in the said County of W. and all and singular the Messuages, Lands, Te­nements and Hereditaments whatsoever, of the said Sir H. L. C. L. J.T. S.T. and W.M. and every or any of them in C. aforesa [...]d, And all those six Meadows in H. in the said County of W. now or late in the occupation of the said Sir H. L. or his Assigns, and usually rented at 22 l. per Annum. Exception. (Saving and except out of these Presents, all [Page 243] the Woods and Underwoods in or upon the Premisses in H. aforesaid, with free liberty of ingress, egress and regress, to and for the said Sir H. L. his Heirs and Assigns, and his and their Servants and Workmen, to fell, cut down, square and carry away the same at seasonable times.)

And the said Sir H.L. Ch. L. J.T. S.T. and W.M. do farther by these Presents (for the Consideration aforesaid) demise, grant, bargain and sell unto the said Lady M. L. her Executors, Administrators and Assigns, All those Closes and parcels of Land, commonly called or known by the several Names of the W. &c. And the Reversion and Reversions, Remainder and Remainders of all and singular the Premisses, hereby demised, or mentioned to be demised, and of every part and parcel thereof, and all Rents, Services and Profits thereunto incident and belonging. To have and to hold the said Mannor, Lands, Tenements,Habend. Hereditaments, and all and singular other the Premisses whatsoever, hereby demised, or, &c. with their, &c. Appurtenances (except before excepted) unto the said Lady M.L. her Executors, Administrators and Assigns, from the Day next before the Day of the Date hereof, for and during the sull Term of Five hundred years from thenceforth next en­suing, and fully to be compleat and ended, without impeachment of or for any manner of Waste.

Provided always, and upon this Condition nevertheless,Proviso for payment 824 Pounds. That if the said Sir H.L. J.T. S.T. and W. M. or any of them, their or any of their Heirs, Executors, Administrators or Assigns, do, and shall well and truly pay, or cause to be paid unto the said Lady M. L. her Execu­tors, Administrators or Assigns, the sum of 824 l. of lawful, &c. At or in, &c. on the, &c. day of, &c. without farther delay, and with­out any defalcation, deduction or abatement of any thing, for or in respect of any Taxes, Assessments, Charges, or other matter or thing whatsoever, ordinary or extraordinary, That then, and from thence­forth, this present Indenture, and the Demise, Grant, Bargain, Sale, Estate and Term of years, hereby made and granted, or mentioned to be made or granted, shall cease, determine, and become, and be void, frustrate, and of none effect, to all intents and purposes; any thing herein before contained to the contrary thereof notwithstand­ing.

And the said Sir H. L. for himself, his Heirs, Executors,Covenant to pay the Mony at the day. Admini­strators and Assigns, and for every of them, doth Covenant, Promise and Grant, to and with the said Lady M.L. her Executors, Administra­tors and Assigns, by these Presents, That he the said Sir H. L. his Heirs, Executors, or Administrators, or the said J.T. S.T. and W.M. or some of them, their, or some of their Heirs, Executors or Admi­nistrators, shall and will well and truly pay, or cause to be paid unto the said Lady M. L. her Executors, Administrators or Assigns, the said sum of 824 l. at or in, &c. the said, &c. Day of, &c. without farther delay, and without any defalcation, deduction or abatement of any thing, for or in respect of any Taxes, Assessments, Charges, or other matter or thing whatsoever, ordinary or extraordinary.

And farther, the said H. L. for himself, his Heirs, Executors, Ad­ministrators and Assigns, and for every of them, doth Covenant, Promise and Grant, to and with the said Lady M. L. her Executors, Administrators and Assigns, by these Presents, That the said Sir H. L. [Page 244] C.L. J.T. S.T. and W.M. or some or one of them, now at the time of the Sealing and Delivery of this present Indenture, are, or is lawfully, rightfully and absolutely seised, &c. And that they, or some one of them, now have, or hath good right, lawful and absolute Power and Authority in themselves, or in some or one of them, to demise, &c. And that in case any default shall be made of or in payment of the said sum of 824 Pounds, or any part thereof, at the Day and Place wherein the same is herein before Covenanted to be paid, That then, and from thenceforth, always after, during the residue of the said Term of Five hundred years then to come, &c. And receive and take all the Rents, Issues, and Profits thereof, without any let, &c. of or by the said Sir H. L. C.L. J.T. S.T. and W.M. or any of them, their or any of their Heirs or Assigns, and without the lawful let, &c. free and clear, and freely, clearly, &c. (Such Leases have been made to Te­nants of the Premisses in Ch. aforesaid, &c. And such Estate as Dame K. L. Mother of the said Sir H. and C. hath in the Premisses in A. for the Term of her Natural life only excepted and fore-prized.) [A Covenant to be here, of what yearly value the Premisses demised are.] And that in case any Default shall happen to be made, of or in payment of the said sum of 824 Pounds, at the Day and Place, &c. That then at any time after default made, they the said Sir H. L. C.L. J.T. S.T. and W.M. and every of them, and every of their Heirs and Assigns, and all and every other Person or Persons, any Estate having, or lawfully claiming, &c. shall and will at the reasonable request and proper Costs, &c.

And it is hereby declared and fully agreed by and between all the said Parties to these Presents, That until Default shall be made in pay­ment of the said sum of 824 Pounds, at the Day and Place wherein the same is herein before Covenanted to be paid; It shall and may be lawful to and for the said J.T. S.T. and W. M. their Heirs and Assigns (according to their Estates and Interests in the Premisses, before the making of this present Demise,) to receive and take to his and their own use, all the Rents, &c.

A Release of an Annuity. And this Indenture farther witnesseth, That the said C. L. for the said Consideration of 800 Pounds, and for other good Causes and Considerations, him thereunto moving, Hath granted, released and quit-claimed, and by these Presents, doth grant, release and quit-claim unto the said J.T. S.T. and W. M. their Heirs and Assigns, The said yearly Rent or Annuity of 100 Pounds per Annum, and all the Trust, Benefit or Advantage, which he the said C. L. hath, or ought to have, of, in, unto or concerning, or by reason of the same.

And the said J. T. S.T. and W. M. do hereby declare, That they the said J.T. S.T. and W.M. their Heirs and Assigns, or some of them, shall and will, by, with, and out of the Rents, Issues and Profits of the said Mannors, Lands and Premisses to them granted and conveyed by the said Sir T. L. as aforesaid, save and keep harmless the said Sir H. L. his Heirs, Executors and Administrators, of and from the pay­ment of the said 824 Pounds, and every part thereof.

And the said C. L. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth Covenant, Promise and Grant to and with the said Lady M. L. her Executors, Administrators and Assigns, by these Presents, That he the said C. L. hath not done any act or thing whereby the said Mannor, Lands and Premisses, or any part thereof, is, are, or may be any way impeached, charged, or incumb [...]r'd, in Title, Charge, Estate, or otherwise. The like Cove­nant by the Three Trustees, J.T. S.T. and W.M. severally. In witness, &c.

A Mortgage of an Annuity, and an Assignment of other Lands.

THis Indenture, Tripartite, &c. made, &c. Between Sir J.W. Knight, Son and Heir apparent of the Right Honourable B. Lord W. and Dame M. the Wife of the said Sir J.W. of the first part, T.C. Esquire, second Son of the Right Honourable T. Lord C. Baron of A. of the se­cond part, and G. N. Gent. of the third part. Whereas by force and virtue of one Indenture Tripartite, bearing Date, &c. made, or men­tioned to be made between the said B. Lord W. (by the Name of Sir B.W. of F. in the County of B. Knight) and Dame M. his Wife, and S.W. of L. Merchant of the first part, the said Sir J. W. of the setond part, and the said Dame M. now the Wife of the said Sir J. W. (by her then Name of M.P. Widow, the Relict of T.P. late of T. in the County of C. Esquire, deceased) G. P. of M. in Com. C. Esquire, R. B. of K. in Com. S. Esquire, &c. of the third part. And by force and virtue of one or more Fine or Fines, Sur Conusance de Droit, come ceo, &c. in the said Indenture Covenanted to be had and levied before the end of T. Term then next ensuing the Date of the said In­denture. Which Fine or Fines were accordingly had, levied and ac­knowledged. And by force and virtue of the Statute made for trans­ferring Uses into possession, or by virtue of some other good Con­veyance and Assurance in the Law, heretofore lawfully had and exe­cuted, All that the Mannor of F. with its Rights, Members and Ap­purtenances, situate, lying and being within the several Counties of B. and O. or either of them; and all that Capital Messuage or Man­sion House, called F. C. in the said County of B. and the Advowson, Presentation, and right of Patronage, of, in, and to the Parish Church of F. aforesaid; and all and every the Messuages, Cottages, Mills, Or­chards, Gardens, &c. and Appurtenances whatsoever, to the said Man­nor, Capital Messuages and Premisses, and every or any of them, be­longing, or in any wise appertaining, or accepted, reputed, taken, or known, &c. And all the said Woods, &c. And all and singular other the Mannors, Messuages, Lands, Tenements and Hereditaments of the said Sir B. W. Sir J.W. and S.W. and every or any of them, situate, &c. within the Town, Parish, &c. of F. aforesaid. And all the Estate, &c. And the Reversion and Reversions, together with the Rents and Pro­fits of the Premisses, and every part and parcel thereof, (Except, &c.) [Page 246] Were conveyed, limited or setled, immediately from and after the so­lemnization of the then intended Marriage, in the said Indenture mentioned, to be then intended to be shortly after had and solem­nized between the said Sir J.W. and M.P. (which said Marriage hath since been had and solemnized accordingly) to the uses, intents and purposes, and upon the Trusts, and under the Provisoes in the said Indenture declared and expressed; (that is to say) To the use and in­tent, That the said Sir J. W. should, and might from time to time, during the joynt Lives of the said Sir B. W. and Sir J. W. have and receive, to be issuing out of the said Mannors and Premisses, the an­nual or yearly Sum of Three hundred Pounds of lawful, &c. at the Feasts, &c. The first payment to begin, and to be made, &c.

The Uses. And to the use and intent, That immediately after the Decease of the said Sir J. W. the said M.P. now Dame M.W. Wife of the said Sir J. W. and Party to these Presents, shall and may from time to time, during the joynt lives of the said Sir J. W. and her the said M. have and receive, to be issuing out of the said Mannors and Premisses, the annual or yearly Rent or Sum of Four hundred Pounds at the said Feasts of, &c. The first payment thereof to begin, and to be made, &c.

And to this farther intent and purpose, That if it shall happen the said respective annual or yearly Rents of Three hundred and Four hundred Pounds, or any part, or, &c. shall respectively be behind, or, &c, That then, and so often it shall and may be lawful to and for the said Sir J. and M.P. respectively, and their respective Assigns, into and upon the said Mannors and Premisses, or every, or any part, &c. Except before-excepted) to enter and distrain. And the Distress and Distresses, then and there, from time to time, found to take, &c. and keep until the said several Rents,Liberty to en­ter and di­strain. &c. and the respective Arrears thereof (if any be) shall be fully satisfied and paid, as by the said In­denture, &c. more plainly appeareth.

Now this Indenture witnesseth, That for and in Consideration of the sum of Fifteen hundred Pounds of, &c. to the said Sir J. W. and Dame M. his Wife, in hand paid by the said T. C. at or before the Sealing, &c. The Receipt whereof the said Sir J. W. doth here­by acknowledge, and thereof, and of, &c. doth clearly, &c. acquit, &c. the said T. C. his Executors, &c. And also in Consideration of the sum of Five shillings, of like Mony, to them the said Sir J. W. and Dame M. in hand paid by the said G. N. at or before the Seal­ing, &c. The Receipt whereof the said Sir J. doth also hereby ac­knowledge, They the said Sir J. W. and Dame M. his Wife, have granted, bargained, sold, assigned and set-over; And by these Pre­sents do, &c. unto the said G. N. (by the nomination and appoint­ment of the said T. C.) The said annual or yearly sum Sum of Three hundred Pounds of, &c. herein before-mentioned to have been limited to the said Sir J.W. during the joynt Lives of the said Sir B. W. and Sir J.W. to be issuing out of the said Mannors and Premisses, as aforesaid.

And also the said Annual or yearly Rent or sum of Four hundred Pounds herein before-mentioned, to have been limited to the said Dame M.W. immediately from and after the decease of the said Sir J. W. during the joynt lives of the said Sir B. W. and her the said Dame M. to be issuing out of the said Mannors and Premisses, as aforesaid. To­gether with all the Liberty and Power for entring and distraining into [Page 247] and upon the said Mannors and Premiss [...]s, and every or any part or parcel thereof, for the said several yearly Rents of 300 l. and 400 l. and Arrears thereof, and all other ways, means and remedies, for the recovery of the said yearly Rents, or either of them, which they the said Sir J.W. and Dame M. his Wife, or either of them, have, or may, can, or ought to have by force and virtue of the said Indenture, and other Assurances, or otherwise howsoever.Habend. To have and to hold the said Annual or yearly Sum of 300 l. unto the said G. N. his Heirs and Assigns, from the last Day of, &c. now last past, before the Day of the Date hereof, unto the full end and Term of 500 years, from thence next ensuing fully to be compleat and ended, if the said B. Lord W. and Sir J.W. shall both of them joyntly so long live. And to have and to hold the said Annual or yearly Rent or Sum of Four hun­dred Pounds unto the said G. N. his Heirs and Assigns, from and im­mediately after the Decease of the said Sir J. W. for and during the Term of Five hundred years, to be accounted from the said Last day of, &c. now last past, and from thence fully to be compleat and ended, if the said B. Lord W. and Dame M. now the Wife of the said Sir J.W. shall both of them joyntly so long live.

And this Indenture farther witnesseth, That the said Sir J. W. and M. his Wife, for and in consideration of the said Sum of 1500 l. so to them in hand paid by the said T. C. as aforesaid, Have demised, granted, bargained and sold, and by these Presents do, &c. unto the said T.C. All that the said Mannor of F. with its Rights, Members, and Appurtenances; And the said Capital Messuage, prout antea; and the said Advowson, prout antea; and all and every the said Messuages, prout antea; and all the said Woods, &c. and all and singular other the Mannors, &c. and Premisses whatsoever, whereof, or wherein, or concerning which any manner of Use or Estate is herein before-mentioned, or recited to have been limited unto the said Sir J.W. and M.W. or either of them, either in Possession, Rever­sion or Remainder (the said several Annual or yearly Rents or Sums of Three hundred, and Four hundred Pounds herein before granted,Exception. bargained and sold, or mentioned to be granted, bargained, sold, assigned and set-over unto the said G. N. only excepted and fore-prized.) And also the Reversion, &c. Remainder, &c. of all and sin­gular the said Mannors, Lands, Tenements, and Premisses: And all the Rents, &c. and appertaining.Habend. To have and to hold the said Man­nors, Messuages, Lands, Tenements, Woods, Under-woods, Advowson, and all and singular other the Hereditaments and Premisses whatsoever, hereby to him the said T.C. demised, granted, bargained or sold, or men­tioned to be demised, granted, bargained and sold, with all and singular their, &c. Appurtenances, unto him the said T.C. his Executors, Admini­nistrators and Assigns, from the last day of, &c. now last past, before the day of the date, hereof, until the full end and Term of 500 years, from thence next ensuing fully to be compleat and ended, without, &c.

And the said Sir J.W. for himself, his Heirs, Exec. and Administrators,Covenant to levy a Fine. doth Covenant, Promise and Grant, to and with the said T.C. his Execut. Administrators and Assigns, by these Presents. That he the said Sir J.W. and the said Dame M. his Wife, shall and will before the end of, &c. now next ensuing the Date hereof, at the proper costs and charges in the Law of him the said Sir J.W. acknowledge and levy in due form of Law, [Page 248] unto the said T.C. one or more Fine or Fines Sur Concessit, according to the usual course of such Fines in such case used, of all and singular the said Mannors, Messuages, Lands, Tenements and Premisses there­by to him the said T. C. demised, or mentioned to be demised, with their, &c. Appurtenances; by such names both of Parties and Pre­misses, and such Contents, quantities and qualities of Land, numbers of Messuages and Acres, and other things, and other Certainties, as shall be apt and convenient in that behalf. To have and to hold the same unto the said T. C. his Executors and Administrators, from the said last day of, &c. now last past, unto the full end and Term of Five hundred years, from thence next ensuing fully to be compleat and ended. Which said Fine or Fines, and all and every Fine or Fines whatsoever, had, levied, or acknowledged, or to be had, levied or acknowledged by the said Sir J. W. and Dame M. his Wife, by any Name or Names whatsoever, unto the said T. C. or to any other Per­son or Persons whomsoever; of, or upon the said Mannors, Messuages, Lands, Tenements, Hereditaments and Premisses, hereby demised, or mentioned to be demised, or of any of them, or of any part or par­cel thereof, or of any of them by any Name or Names whatsoever, at any time or times, within one whole year next after the Day whereon this Indenture doth bear Date, or is mentioned to be made, shall be and enure, and shall be construed, expounded, adjudged, deemed, and taken to be and enure, and is by all and every the said Parties to these Presents,Fine to cor­roborate the Lease. declared and agreed to be and enure, for the Corroboration, strengthning and confirming of this present In­denture, and of the Demise and Grant hereby made unto the said T.C. And also for the Corroboration, strengthning and confirming of the Grant, Bargain, Sale and Assignment hereby made, or men­tioned to be made, of the said several yearly Sums or Rents of Three hundred Pounds, or Four hundred Pounds, unto the said G. N. accord­ing to the purport, intent, and meaning of these Presents. And not­withstanding the said Fine or Fines, be, or shall be levied or acknow­ledged of the said Mannor or Lands, and not of any Rent or Rents issuing out of the same, or any part thereof.

And the said Sir J.W. for himself, his Heirs, Executors, and Admi­nistrators, doth Covenant, Promise and Grant, to and with the said T.C. his Executors and Administrators, by these Presents, That he the said Sir J. W. his Heirs, Executors, or Administrators, shall and will well and truly pay, or cause to be paid unto the said T.C. his Executors, Administrators or Assigns,Covenant to pay the Mony. at or in the, &c. of the, &c. the full sum of 1590 l. of lawful, &c. in Gold or Silver, in manner and form following, (that is to say) 45 l. thereof, upon the, &c. Day of, &c. now next ensuing the Date of this present Indenture, and 1545 l. residue thereof, upon the, &c. Day of, &c. which shall happen and be in the year, &c. without farther delay, and without any de­falcation, deduction or abatement of any thing, for, or in respect of any Taxes, Assessments, Contributions, Quartering of Souldiers, or other matter or thing whatsoever, ordinary or extraordinary.

Provided alw [...]ys, And it is hereby covenanted, granted,Proviso upon payment the Indenture, and Fine to be le­vied. con­cluded, and agreed by and between all the said Parties to these Pre­sents, That i [...] the said Sir J. W. his Heirs, Executors, or Admini­strators, do and shall well and truly pay, or cause to be paid unto the said T. C. his Executors or Administrators, the said Sum of 1590 l. at the said Place of Payment, and in such sort, manner, and form as the same is herein before covenanted to be paid, without any Defalcation, Deduction or Abatement as aforesaid, That then and from thenceforth this present Indenture, and all and every Grant, Demise, Bargain, Sale and Assignment herein contained, And also the said Term and E­state made, or to be made by the said Fine or Fines, sur concessit, herein before-covenanted, to be levied as aforesaid, shall cease and be void; Any thing herein contained to the contrary thereof in any wise notwithstanding.

And it is also hereby declared and agreed, by and between all the said Parties to these Presents, That until some Default shall be made of, or in payment of the said Sum of 1590 l. herein before Covenanted to be paid, or some part thereof, They the said Sir J. W. and Dame M. his Wife respectively, according to their respective former Estates and Interests which they had in, to, or out of the Premisses, before the making of these Presents, shall or lawfully may receive and take to their own use, All the said said several yearly Rents of 300 l. and 400 l. as the same respectively shall become due and payable, And also all the Rents and Profits of the said Mannors, Lands, Tenements, and Premisses hereby demised, or mentioned to be demised without the let, trouble, hindrance, or denial of them the said T. C. or G. N. their or either of their Heirs, Executors, Administrators or Assigns, and with­out any Accompt to be given or rendred to them for the same.

And the said Sir J. W. for himself, his Heirs, Executors, Admini­strators and Assigns, and for every of them doth covenant, promise,Covenant af­ter default of payment peaceably to enjoy. and grant to and with the said T. C. his Executors, Administrators and Assigns, by these Presents, in manner and form following (that is to say) That if he the said Sir J. W. his Heirs, Executors, or Administra­tors, shall make any Default in payment of the said Sum of 1590 l. in part, or in all, at any the days and times herein before appointed for payment thereof, Then he the said G. N. his Heirs and Assigns, shall or lawfully may from thenceforth quietly and peaceably have, take, re­ceive, and enjoy the said several yearly Rents of 300 l. and 400 l. when and as the same shall become due and payable, during the residue of the said respective terms for which they are hereby mentioned to be granted to the said G. N.

And also the said T. C. his Executors, Administrators, and Assigns, shall or lawfully may, from and after any such Default, quietly and peaceably have, hold, possess and enjoy all and singular the said Man­nors, Messuages, Lands, Tenements, Hereditaments and Premisses here­by demised or mentioned to be demised, without the let, trouble, or in­terruption of the said Sir J.W. and Dame M. his Wife, or either of them, or any person or persons lawfully claiming by, from, or under them, or ei­ther of them, & without the lawful let, trouble, or interruption of any o­ther person or persons whatsoever, (other then the said B. Ld. W. and his Assigns, for & in respect only of such Estate & Estates as is herein be­fore mentioned & recited to have been to him limited by the said recited [Page 250] Indenture, and other Assurances, And other then of the first, second, and other Sons of the said Sir J. W. and the Heirs-males of their Bo­dies, for and in respect only of such Estate or Estates as is herein before mentioned, and recited to have been to them limited, of and in such part of the said Lands and Premisses only, whereof or concerning which no Estate of Inheritance, either in Possession, Reversion, or Remain­der, is herein before recited to have been limited to the said Sir J. W.

And farther also, That the said Mannors, Messuages, Lands, Te­nements, Hereditaments, and Premisses, hereby demised or menti­oned to be demised, and the said several Rents of 300 l. and 400 l. herein before granted, or mentioned to be granted to the said G. N. now are, and during the said respective Terms for which they are herein before respectively mentioned to be demised or granted, shall remain, continue, and be unto the said T. C. and G. N. respectively, and their respective Executors, Administrators, and Assigns, accord­ing to the true intent and meaning of these Presents, and of the Agree­ments herein contained,Free from In­cumbrances. free and clear, and freely and clearly acquit­ted, freed and discharged, of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Jointures, Dowers, En­tails, Estates, Leases, Rights, Titles, Rents, Arrearages of Rents, Debts, Duties, Judgments, Statutes Merchant and of the Staple, Re­cognizances, Charges, Troubles, Forfeitures, and Incumbrances whatsoever, (All such Estates as do plainly appear in and by the said Indenture Tripartite, bearing Date &c. herein before-mentioned or recited, only excepted and fore-prized.)

And moreover also, That if any Default shall be made by the said Sir J. W. his Heirs, Executors, or Administrators, in the Payment of the said Sum of 1590 l. in part or in all, at any the days or times whereof the same is before Covenanted to be paid, although no De­mand be thereof made, That then and from thenceforth the said Sir J. W. and Dame M. his Wife, and the Heirs and Assigns of the said Sir J. W. and all and every other person and persons whatsoever, ha­ving or lawfully claiming, or that shall or may at any time or times hereafter, have, or lawfully claim any Estate, Right, Title, or Interest, of, in, or to the Premisses hereby granted or demised, or mentioned to be granted or demised, or of, in, or to any part or parcel thereof (Other then the persons or their Assigns, whose Estates and Interests are here­in before-excepted, for and in respect only of the same Estates and In­terests so excepted) shall and will from time to time, and at all times, at and upon the reasonable request and proper Costs and Charges in the Law of the said T. C. Covenant for further Assu­rance. his Executors, Administrators, or Assigns, Do make, levy, execute, acknowledge, and suffer all and every such far­ther, and other reasonable Act and Acts, thing and things, for the bet­ter, farther, and more perfect Assurance, Surety, sure-making and con­firming of the said Mannors, Messuages, Lands, Tenements, Here­ditaments and Premisses, and every or any part or parcel thereof, with the Appurtenances unto the said T. C. his Executors, Administrators and Assigns, for and during all the residue of the said respective Terms herein before-mentioned to be demised or granted, then to come and unexpired, Be it by Fine or Fines, Sur conusans de droit come ceo &c. or any other Fine or Fines, Deed or Deeds, indented or [Page 251] poll, common Recovery or Recoveries, with single, double, or tre­ble Voucher or Vouchers, Release or Confirmation, or by all and eve­ry, or any of the said ways or means, or by any other ways or means in the Law whatsoever, As by the said T. C. his Executors, Admini­strators and Assigns, or by his or their Counsel learned in the Law, shall be reasonably devised or advised and required. In witness, &c.

Assignment of a Lease upon Trust.

THis Indenture made &c. Between D. B. of M. in Com. S. Gent. of the one part, And H. B. of L. Merchant, J. S. Citizen and G. of L. and T. S. of L. Merchant, of the other part, Whereas R. G. of &c. Deceased, by an Indenture of Lease under his Hand and Seal, bearing Date the &c. for the Consideration therein mentioned, Did demise, grant, and to farm-let unto one A. B. of J. in Com. S. Yeoman, his Executors, Administrators, and Assigns, All that Close &c. and all those two Cottages, with the Orchards, &c. Habend: To have and and to hold all and singular the said two Cottages &c. for and during the full end and term of 2000 years from thence &c. without Im­peachment of &c. wast in Woods, Trees, Houses, Gardens, or any other part of the said demised Premisses, Yielding and paying there­fore yearly &c. as by the said Indenture of Lease (relation &c.) more plainly may appear. All which Premisses,Reddend. and the residue of the said term of 2000 years, did by mean Assignments and Conveyances law­fully come unto one E. T. of &c. who did take down the aforesaid two Cottages, and did erect and new build in and upon the Premisses a new Messuage or Tenement.

And whereas as well the said Messuage or Tenement, as all and sin­gular the Lands and Hereditaments whatsoever, in and by the said O­riginal Indenture of Lease, bearing Date the said &c. demised or gran­ted unto A. B. Did afterwards by mean Assignments and Conveyances come unto R. G. of T. in Com. L. Gent.

And the said R. G. of T. did by his Indenture bearing Date &c. for the Consideration in the said Indenture mentioned, grant, bargain, sell, assign, and set-over the same Premisses unto the said D. B. Habend. To have and to hold the same unto the said D. B. his Executors &c. from thenceforth during all such residue, time and term of years, as was then to come, and unexpired of the aforesaid term of 2000 years, in the said Indenture of Lease limited and comprised fully to be compleat &c. As by the said Indenture (relation being thereunto had) may ap­pear.

Now this Indenture witnesseth, That the said D. B. Consid. for and in Consideration of the Sum of 5 s. of &c. the Receipt &c. And for di­vers other good Causes &c. hath granted, bargained, sold, assigned,Assignment. and set-over, And by these Presents doth grant &c. unto the said H. B. J. S. and T. S. their Executors &c. The said Close &c. with the [Page 252] said Messuage or Tenement newly erected, And all other the Edi­fices, Buildings, Orchards, Gardens &c. thereunto, or to any part of the Premisses belonging, And all and singular Woods &c. and o­ther the Premisses, in and by the said Original Indenture of Lease demised or granted, or herein before-mentioned to be thereby de­mised or granted, and every part and parcel thereof: And all the Estate, Right, Title &c. of, in, together also with the said recited Indenture of Lease, And all other Writings, Deeds, and Evidences touching or concerning the Premisses which he the said D. B. now hath,Habend. or may come by, without suit in Law, To have and to hold the said Messuage or Tenement, Buildings, and all other the Premisses before-mentioned to be hereby granted, bargained, sold, assigned, and set-over, and every part &c. unto the said H. B. J. S. and T. S. their Executors &c. in as large, ample, and beneficial manner and form to all intents &c. if these Presents had not been made, Ʋpon special Trust Trust. and Confidence nevertheless, And to the intent and purpose, that they the said H. B. J. S. and T. S. their Executors, Administra­tors &c. shall permit and suffer the said D. B. and his Assigns, to re­ceive and take all the Rents and Profits of all and singular the Premis­ses, to his and their own use, for and during all the term of his natu­ral life, And from and after his decease, shall permit and suffer F. B. Wife of the said D. B. to receive and take all the Rents and Profits of all and singular the said Premisses to her and their own use, for and during all the term of her natural life, She the said F. B. not com­mitting any voluntary wast in all, or any part of the Premisses, And after the Decease of the Survivor of them the said D. B. and F. his Wife, Then in Case D. B. eldest Son of the said D. B. Party to these Presents, or any other Son of the said D. B. the Father, who shall be Heir of the said D. B. the Father, shall then be under the Age of 21 years, That they the said H. B. J. S. and T. S. their Execu­tors &c. shall during the Minority of the said D. B. the Son, or of such other Son of the said D. the Father, who shall be his Heir as aforesaid, and until some Son of the said D. B. the Father, who shall be his Heir, shall live to attain the Age of One and twenty years, imploy and dispose of all the Rents, Issues, and Profits of all and singular the Premisses, in such sort, manner and form as the said D. B. the Father, party to these Presents, by any Writing or Writings under his hand and Seal, shall limit, direct, or appoint. And in default of such limitation, direction, or appointment, Then to and for the benefit of such Son and Sons respectively of the said D. B. the Father, who shall be his Heir for the time being, during the re­spective Minorities of such Son or Sons, if such Son or Sons respe­ctively shall so long live.

And upon farther Trust and Confidence, and to this farther intent and purpose, That if the said D. B. the Son, or other Son of the said D. B. Party to these Presents, who shall be his Heir at the time of the decease of the Survivor of them the said D. B. and F. B. shall be of full Age, Or otherwise when the said D. B. the Son, or any other Son of the said D. B. the Father, who shall be his Heir, shall have attained his full Age of One and twenty years,Covenant to reassign to the Son when of Age. They the said H. B. J. S. and T. S. their Executors, Administrators or Assigns, shall at and upon the reasonable request and proper Costs and Charges [Page 253] in the Law of the said D. B. the Son, or such other Son of the said D. B. the Father, who shall be his Heir, assign and convey all and sin­gular the said Lands and Premisses, and all the Estate and Interest of them the said H. B. J. S. and T. S. their Executors &c. of, in, and to the same unto the said D. B. the Son, or such other Son of the said D. B. party to these Presents, who shall then be his Heir as a­foresaid; And in Default of such Son then in being, That then they the sa [...]d H. B. J. S. and T. S. their Executors, Administrators, or Assigns, shall at and upon the reasonable Request, and proper Costs and Charges in the Law of such person or persons as shall then be the Heir or Heirs of the said D. B. party to these Presents, assign and convey all and singular the said Lands and Premisses hereby granted and assigned, or mentioned to be granted or assigned, with their and every of their Appurtenances, and all the Estate and Interest of them the said H. B. J. S. and T. S. their Executors &c. of, in, and to the same Premisses, unto such person or persons so re­quiring the same.

Provided always, and it is hereby declared and fully agreed,Proviso upon payment of 6 d. to make void his As­signment. by and between the said Parties to these Presents, That if the said D. B. party to these Presents, shall at any time hereafter, during his natural life, pay, or tender unto the said H. B. J. S. and T. S. or either of them, their or either of their Executors or Administra­tors, or to any other person or persons, to their or any of their use or uses, the Sum of 6 d. of lawful &c. for the making void of this present Indenture, and the Grant and Assignment herein contained, That then and from thenceforth this present Indenture, and the Grant and Assignment herein contained shall cease and be void, Any thing herein contained to the contrary thereof notwithstanding. In witness, &c.

A Bargain and Sale for a Fine and Recovery.

THis Indenture made &c. Between Sir H. S. of H. A. in the County of S. Baronet, of the first part, J. D. of &c. Tenant to the Precipe. Demandant in the Recovery of the second part, and E. A. of L. of the third part, Witnesseth, That the said Sir H. S. for and in consideration of the Sum of 5 s. of law­ful &c. to him in hand paid by the said J. D. at or before the Sealing and Delivery of this present Indenture, the Receipt whereof he doth hereby acknowledge, And for divers other good Causes and Consi­derations him the said Sir H. S. thereunto moving, Hath granted, bargained and sold, and by these Presents doth bargain and sell unto the said J. D. his Heirs and Assigns, All that the Mannor or Lord­ship of M. with the Rights &c. in Com. S. And all that the Park of M. with the Appurtenances in the said County of S. And all other the Lands, Tenements, and Hereditaments whatsoever of the said Sir H. S. in the said County of S. And all those the Mannors and Lordships of M.C. and W. with their, and either of their Rights &c. [Page 254] in Com. C. And all and singular other the Messuages (prout supra) And all those several Mannors &c. with their Appurtenances, called or known by the several Names of C. W. B. &c. in Com. S. And all and singular other the Messuages &c. (ut supra) And all that the Mannor of W. with the Appurtenances in the County of D. And all and singu­lar other the Messuages &c. And the Reversion and Reversions, Re­mainder &c. And also all the Estate, Right &c. To have and to hold he said Mannors, Lordships, Messuages &c. unto the said J. D. his Heirs and Assigns, To the use and behoof of him the said J.D. and his Heirs. Yet nevertheless to the intent and purpose, That as well by virtue of these Presents, as of the Fine or Fines herein after cove­nanted and agreed to be levied to him the said J. D. as is herein after mentioned, he the said J. D. may be and become a good and perfect Tenant of the immediate Freehold and Inheritance of all and sin­gular the Premisses, against whom several common Recoveries may be had, perfected, and executed, as is herein after-mentioned.

And for the better and farther assuring and conveying of all and singular the Premisses unto the said J. D. and his Heirs, for the same intent and purpose, it is concluded and agreed by and between all the said Parties to these Presents, That the said Sir H. S. shall and will be­fore the end of Easter Term next ensuing the Date hereof, acknowledge and levy before the Justices of the Court of Common Bench at Westmin­ster, One or more Fine or Fines, Sur conusans &c. to be ingrossed, re­corded, and sued forth with Proclamations according to the Statute in that Case made and provided, And the usual course of Fines, with Proclamations in such Cases used and accustomed unto the said J. D. and his Heirs of all and singular the Premisses whatsoever hereby gran­ted or &c. By such names, both of Parties and Premisses, Quantities, Qualities, Contents, and numbers of Messuages and Acres, and other the Premisses, as shall be apt and convenient in that behalf.

Which said Fine or Fines, and all and every Fine and Fines, had, levied and acknowledged, or to be had, levied, or acknowledged of the Premisses, or any part thereof by the said Sir H. S. at any time after the day of the Date of these Presents, shall enure and be, and shall be construed, expounded, adjudged, deemed, and taken to en­ure and to be, To the use and behoof of the said J. D. and his Heirs, To the intent to corroborate, strengthen and confirm the Estate hereby made and granted, or intended to be made and granted to the said J. D. and to make him lawful Tenant of the Freehold and Inheri­tance of all and singular the Premisses, so that one or more good and perfect common Recovery or Recoveries may be had against him for the same.

And for that purpose it is farther concluded and agreed, by and between all the said Parties to these Presents, That after the said Fine or Fines levied as aforesaid, and before the end of the said Easter-Term next ensuing the Date hereof, several good and perfect com­mon Recoveries in the nature of common Recoveries for Assurance of Lands, shall be had, executed, and perfected, of and for all and singular the Premisses in the said several Counties respectively, at the proper Costs and Charges in the Law of the said Sir H. S. And for that end and purpose, one or more Writ or Writs of Entry Sur Disseisin en le post, shall be brought in the Name of the said [Page 255] E. A. as Plaintiff or Demandant therein, against the said J. D. as Tenant of, and for all and singular the said Mannors, Messuages, Lands, Tenements, Hereditaments and Premisses, with their and every of their Appurtenances, By such Names, Quantities, Quali­ties, Contents, and numbers of Messuages and Acres, and other Certainties, as shall be apt and convenient, To which several Writs the said J. D. shall appear gratis in his proper person, And shall and will vouch to warrant the Premisses to the said Sir H. S. who shall vouch the common Vouchee; And such farther Proceedings shall be had therein, that several good and perfect common Recove­ries, with double Voucher, may be had, prosecuted, and executed in and upon the said several Writs of Entry, in all things accord­ing to the usual order and form of common Recoveries with double Voucher for Assurances of Lands in such Cases used.

And it is farther covenanted, concluded, declared, and fully a­greed by and between all the said Parties to these Presents, for them and their Heirs, And it is their true intent and meaning, That from and immediately after such time as the said several common Recoveries shall be had, executed, and perfected of the Premisses as aforesaid, the said Fine or Fines herein before-covenanted to be levied, and the Execution thereof, and the said several common Recoveries and the Execution thereof, and these Presents, and the Grant, Bargain, and Sale herein contained, and every of them, shall enure and be, and shall be construed, expounded, adjudged, deemed, and taken to enure and to be; And the said E. A. and his Heirs, and all and every other person and persons, which at any time then after shall be, or stand seized of the said Mannors, Messua­ges, Lands, Tenements, Hereditaments, and Premisses hereby granted, or mentioned to be granted, or of any of them, by force and virtue of the said several common Recoveries, or of the said Fine or Fines, or of these Presents, or of any of them, shall so stand and and be seized thereof, and of every part and parcel thereof respectively, To the only proper use and behoof of the said Sir H. S. his Heirs and Assigns for ever, And to or for none other use, intent or purpose whatsoever. In witness, &c.

Settlement upon Marriage with several Covenants to several Ʋses.

THis Indenture Quadrapartite, made &c. between the Right Honourable P. Viscount S. and the Right Honourable J. Vis­countess S. Wife of the said Viscount, of the first part. H. K. and H. L. of L. Gent. of the second part. R. N. of W. in Com. M. Esq; of the third part, and the Honourable A. S. of the Parish of St. M. in Com. M. Esq; Sir J. P. of H. in Com. S. Baronet, and Sir C.H. of M. in Com. H. Kt. of the fourth part, Whereas by one Indenture Tripartite, bearing even Date with these Presents, made, or mentioned to be made, between the said P. Viscount S. of the first part, the sa [...]d H. K. and H. L. of the second part, and the said R. N. of the third part, It is witnessed, That the said P. Viscount S. for and in Consideration of the Sum of 10 s. of &c. therein mentioned, And for divers other good Causes and Considerations him thereunto especially moving, hath granted, bargained, and sold unto the said H. K. and H. L. their Heirs and Assigns, All these the Mannors and Lordships of O. alias W. B. O. P. A. E.C. L.S. H.S. B. and W. with their and every of their Rights, Members, and Appurtenances in Com. K. And the Rectory and Par­sonage of S. in dicto Com. K. and all that one Messuage and Tenement, with the Appurtenances, and all those Lands commonly called or known by the name of S. containing &c. and all Royalties, Liberties &c. and also all other the Mannors, Messuages &c. of the said P. Viscount S. situate &c. in the Towns &c. of O. alias W. B.O. &c. or any of them, or elsewhere in dicto Com. K. And the Reversion &c. And also all and every the Estate and Estates, Right &c. of him the said P. Visc. S. of, in, and to the said Mannors, Lordships, Messuages &c. Saving always, and except out of the said Indenture, all the Lands, Tenements and Hereditaments of the said P. Viscount S. in P. E. and L. in dicto Com. K. and every of them, To have and to hold the said Mannors, Lordships, Messuages, Lands, Tenements, Rectories, Hereditaments, and all and singular other the Premisses whatsoever thereby granted &c. with their &c. Appurtenances (excepted) unto the said H. K. and H. L. and their Heirs and Assigns for ever, To the use and behoof of them the said H.K. and H.L. and their Heirs, Yet nevertheless to the intent and purpose, That as well by virtue of the said Indenture, as of the Fine therein covenanted and agreed to be levied to them the said H. K. and H. L. as is therein mentioned, they might be and become good and perfect Tenants of the immediate Freehold and Inheritance of all and singular the Premisses, against whom a good and perfect com­mon Recovery might be had, perfected and executed, as is therein men­tioned; And for the better and farther assuring and conveying of all and singular the Premisses unto the said H.K. and H. L. and their Heirs for the same intent and purpose, it was concluded and agreed by & between all the said Parties to the said Indenture, And the said P. Visc. S. for him­self, his Heirs, Executors and Administrators, did covenant and grant to and with the said H.K. and H. L. their Heirs, Executors, & Administrators, That the said P. Visc. S. and J. Viscountess S. his Wife, should and would before the end of E. Term next and immediately ensuing the date of the [Page 257] said Indenture, acknowledge and levy in due form of Law, according to the Laws and Statutes of England, one Fine Sur Conusance de Droit come ceo, &c. to be Ingrossed, Recorded and sued forth with Procla­mations, according to the Laws and Statutes of England in such case made and provided, and according to the usual course of Fines in such case used and accustomed unto the said H.K. and H. L. and their Heirs, or to them and the Heirs of one of them, or to the Survivor of them and his Heirs; Of all the said Mannors, Lordships, Messuages, Lands, Tenem. Rectories, Hereditaments & Premisses (except before excepted) by such names, quantities, qualities, contents and numbers of Messuages, Acres, and other the Premisses as should be apt and convenient in that behalf.

And it was by the said Indenture, Covenanted, concluded and agreed by and between all the said Parties to the said Indenture, for them and their Heirs. And all the said Parties to the said Indenture did thereby declare, That the said Fine therein covenanted to be levied, and all and every other Fine and Fines, had, levied, and acknowledged, or to be had, levied, or acknowledged, of all and every, or any of the Premisses what­soever, by the said Indenture granted, or, &c. or of any part thereof, by the said P. Viscount S. and J. Viscount S. or either of them, to the said H.K. and H. L. or either of them at any time after the Day of the Date of the said Indenture, should be construed, expounded, adjudged, deemed, and taken to enure and to be; And were thereby declared to enure and be, To the use of the said H. K. and H. L. and their Heirs, to the intent to corroborate, strengthen and confirm their Estate by the said Indenture to them made and granted or in­tended to be, &c. and to make them lawful Tenants of the Freehold and Inheritance, of all and singular the Premisses, so that a good and perfect Common Recovery, of, and for all and singular the same Pre­misses might be had by the said R. N. or some other Person or Per­sons, as Plaintiff or Demandant, Plaintiffs or Demandants, against them the said H. K. and H. L. as Tenants, wherein the said P. Vis­count S. should be vouched, and should vouch over the common Vouchee. Which Recovery should be to the uses, behoofs, intents and purposes, as are mentioned, expressed, and declared in and by this present Indenture; as in and by the said recited Indenture (relation being thereunto had) more plainly and at large it doth and may appear.

Now this Indenture witnesseth, That in Consideration of the Marriage already had and solemnized between the said P. Viscount S. and the said J. Viscount. S. his Wife. And for the setling a com­petent Joynture and Maintenance for the said J. Viscount. S. during her life; and for the farther Declaration of the Uses of the said Fine and Common Recovery, in and by the said recited Tripartite Inden­ture, Covenanted and agreed to be had, levied and suffered, as afore­said, whereby all the said Mannors, Lordships, Lands, Tenements and Hereditaments, may be limited, setled and assured in such sort, manner and form, and to and for such uses, intents and purposes as is herein after mentioned. It is now hereby declared, concluded, condescended and fully agreed by and between all the said Parties to these Pre­sents, That from and immediately after such time as the said Common Recovery, so as aforesaid, or in any other manner shall be had, executed and suffered of the Premisses the said Fine in the said re­cited Indenture covenanted to be levied, and the execution thereof, and [Page 258] the said Common Recovery, and the Execution thereof shall enure and be, and shall be construed, expounded, adjudged, deemed, and taken to enure and be: And that the said Conusees in the said Fine, and their Heirs, and the said Recoveror and his Heirs, and all and every Person and Persons, which at any time then after shall be or stand seised of the said Mannors, Lordships, Lands, Tenements, Here­ditaments and Premisses, or of any of them, by force and virtue of the said Common Recovery, or of the said Fine, or of either of them, shall so stand and be seised thereof, and of every part and parcel thereof, To the several and respective uses, behoofs, intents and pur­poses, and with and under the several Limitations, Powers, Autho­rities, Liberties, Proviso's, and Agreements hereafter in these Presents, as concerning the same Premisses respectively declared, mentioned, limited and expressed, to and for none other use, intent or purpose whatsoever; (that is to say) As for and concerning the said Mannor and Lordship of S. and the said Mannor and Lordship of B. with their and every of their Rights, Members, and Appurtenances, and all and singular the Lands, Tenements and Hereditaments whatsoever, of the said P.S. lying and being in S. aforesaid. And a parcel of Land called the H. containing, &c. To the use and behoof of the said A.S. Sir J.P. and Sir C. H. their Heirs and Assigns fore-named. Ʋpon special Trust and confidence nevertheless, and to the intent and purpose, That they the said A.S. Sir J.P. and Sir C. H. their Heirs and Assigns, shall and may by Sale,Estates in Trustees, to sell for pay­ment of Debts, the overplus, &c. Mortgage, or Demise of the said Mannors, Lands, and Premisses, or any part or parts thereof, or otherwise, at their Discre­tions, levy and raise the Sum of 4000 l. of, &c. and employ and dis­pose of the same for and towards the payment of the proper Debts now owing by the said V.S. and such other Debts as shall arise upon translation thereof, or of any of them, and such interest as shall be or grow due for the same Debts respectively, till the payment thereof. And that if after all the said Debts with Interest, as aforesaid, shall be paid and satisfied, any part of the said 4000 l. shall remain, that they shall pay such Surplus to the said P. Viscount S. his Executors or Ad­ministrators.

And as for and concerning the Mannors and Lordships of O. and P. with their, and every of their Rights, Members, and Appurtenances, and all and singular the Lands, Tenements and Hereditaments whatso­ever of the said P. Viscount S. in the Towns, Parishes, Hamlets or Fields of O. &c. reputed or occupied as part or parcel of the said Man­nors or Lordships, or either of them: And all other the Lands and Hereditaments to the said Mannors or Lordships of O. alias W. &c. or either of them belonging;Annuity of 20 l. per An. to E.W. To the intent and purpose, That E.W. of, &c. and his Heirs, shall and may have, and yearly receive, take and enjoy, for and during the Natural life of Sir W.K. of, &c. Knight, one Annuity or yearly Rent-charge of Twenty Pounds of, &c. to be yearly issuing and going out of all and singular the said Premisses, and to be paid unto the said E. W. and his Heirs, at the two usual Feasts or Terms in the year, (that is to say) at the Feasts of St. M. the Archangel, and the Annunciation, &c. by even and equal portions; The first payment thereof to be made at the Feast of St. M. &c. next ensuing the Date hereof.

And also, to the intent and purpose E. M. &c. shall and may have, and yearly receive, &c. ut supra; Several Annu­ities to several Persons. for and during the Natural life of her the said E.M. one Annuity or yearly Rent-charge of 40 l. &c. to be yearly issuing and going out of all and singular the said Premisses: And to be paid unto the said E. M. and her Assigns, at the said two usual Feasts, &c. ut antea.

And to the intent and purpose, That if it shall happen the said yearly Rent of 20 l. or the said several yearly Rents of 40 l. or any of them to be behind or unpaid, in part or in all, at any of the said Feast-days or Times aforesaid, during the time that the same Rents respectively are to continue payable, as aforesaid, by the true intent and meaning of these Presents, That then and from thenceforth, upon any default of payment, and so oft, and from time to time, as the said Annual Rents or any of them, or any part thereof, or of any of them, shall happen to be arrear and unpaid at any of the said Feasts whereat the same respectively ought to be paid, as aforesaid. It shall and may be lawful to and for the said E. W. his Heirs and Assigns, and the said E.M. N.S. and R.G. and their Assigns respectively, unto whom such Rent or Rents shall be due, into all and singular the said Mannors, Lordships, Lands, Tenements, Hereditaments and Premisses, out of which the said yearly Rents are to be issuing, as aforesaid, and into e­very or any part or parcel thereof, to enter and distrain. And the Distress and Distresses then and there sound and taken, to lead, drive,Upon Non-payment to distrain. chase, carry away, impound, detain and keep, until the said yearly Rent or Rents respectively so unpaid, and all Arrearages thereof (if any shall happen to be) shall be truly satisfied and paid, according to the intent and true meaning of these Presents.

And as for and concerning the said Mannors and Lordships of S. L. &c. the said Rectory and Parsonage of S. and all and singular the Lands, Tenements, and Hereditaments whatsoever, of the said P. Viscount S. in the Towns, &c. of S. &c. reputed or occupied, as part or parcel of the said Mannors or Lordships, or any of them. And all other the Lands and Hereditaments, to the said last mentioned Man­nors or Lordships, or any of them belonging or appertaining; To the use and behoof of the said A.S. Sir J.P. and Sir C. H. their Executors, Administrators and Assigns, for and during the Term of 80 years, to be accounted from the Day of the Date hereof, and from thenceforth sully to be compleat and ended, if the said P. Viscount S. and J. Vis­count S. his Wife, shall both of them so long live. Ʋpon Trust and confidence nevertheless, and to the intent and purpose,For Personal Maintenance during the joynt Live. That they the said A. S. Sir J. P. and Sir C. H. their Executors, Administrators and Assigns, shall out of the Rents, Issues and Profits of the same Pre­misses yearly, during the said Term, at the Feasts of St. M. &c. and the Annunciation, &c. pay the sum of the 500 l. unto the said Viscount, for his own Personal Maintenance and Expences. The same to be paid to his own proper hands only, and not to be paid unto any other Person or Persons, upon, or by reason of any Assignment or Appoint­ment, of, or by the said Viscount, or by reason of any his Act or Incum­brance, or otherwise howsoever. It being the Agreement of all the said Parties to these Presents, and so hereby declared, That it shall not be in the power or disposition of the said Viscount, to alien or dispose of the said 500 l. per Annum, or any part thereof, before the same shall [Page 260] from time to time grow due to be paid, or to dispose of the Trust con­cerning the same, or to subject the same to any charge or incumbrance of the said Viscount.

But that if the same shall either in Law or Equity be made subject or liable to the satisfaction or discharge, or any Debt or Incumbrance, of, or by the said Viscount, That for so long time the Trust as con­cerning the said 500 l. per Annum, or the payment thereof, out of the Profits of the said Premisses to the said Viscount, or any other Person or Persons whatsoever, claiming in Law or Equity, by, from or under him, or by his Act or Incumbrance shall cease, and the said 500 l. per Annum shall remain in the hands of the said A. S. Sir J. P. and Sir C.H. their Executors and Administrators, and be retained to and for their own proper use and benefit.

And upon special Trust and Confidence, as to all the rest and residue of the Rents, Issues, and Profits of the said Mannors and Premisses, (other than the said 500 l. as aforesaid.) And to the intent and pur­pose, That they the said A. S. Sir J.P. and Sir C. H. their Executors, Admininistrators and Assigns, shall pay and dispose of the said rest and residue of the Rents, Issues, and Profits of the said Mannors, Lands, and Premisses, from time to time, as they shall be received, unto the said J. Viscount. S. to be paid to her own hands, or to such Person or Persons, as by any Note or Notes, Writing or Writings, to be by her signed, she shall from time to time appoint the same to be paid for and towards the sustentation of her self and Children (if she shall have any) and of her Family; and not to be paid to the said P. Viscount S. or other than as aforesaid. And that the Acquittances of the said J. Viscount. S. by her Signed with her own proper hand, or of such Person or Persons by her to be appointed, as aforesaid, to receive the same, shall be from time to time, sufficient to discharge to the said A. S. Sir J.P. and Sir C.H. their Executors, Administrators and Assigns, of and for the said Moneys which shall be so paid.

And as for and concerning all and singular the said Mannors and Premisses so limited, in use to the said A. S. Sir J. P. and Sir C. H. for the said Term of 80 years, determinable as aforesaid, from and imme­diately after the expiration, ceasing, or other determination of the said Term of 80 years. And also, to, for and concerning the said Mannors and Lordships of O. alias W. and P. alias P. and all other the said Lands, Tenements, and Hereditaments, out of which the said several Annuities or Rents are herein before limited, or appointed to be issuing, charged and chargeable with the said several yearly Rents. And all the rest and residue of the said Mannors, Lordships, Lands, Tenements and Hereditaments whatsoever of the said P. Viscount S. in the said re­cited Indenture Tripartite, and in the said Fine and Common Reco­very, or any of them comprised, or to be comprised, from and imme­diately after the said Recovery suffered. To the use and behoof of the said P. Viscount S. for and during the term of 99 years, to be account­ed from the Day before the Date of these Presents, and from thence­forth next ensuing and fully to be compleat and ended, if the said P. Vis­count S. shall so long live without Impeachment, of or for any manner of Waste.

And from and after the Determination of that Estate,Limitation to preserve con­tingent Uses▪ To the use and behoof of the said A.S. Sir J.P. and Sir C. H. and their Heirs and Assigns, for and during the Natural life of the said Viscount upon Trust only, for preserving the contingent Uses and Estates herein after limited concerning the same, and for that purpose to make Entries as there shall be occasion; but that they shall not convert the Rents, Issues, or Profits thereof, to their, or any of their own Use or Uses.

And from and immediately after the Death of the said P. Viscount S. Then as for and concerning the said Mannors and Lordships of S. &c. and all other the said Lands, Tenements, and Hereditaments herein before limited to the said A. S. Sir J. P. and Sir C. H. their Executors and Administrators, for the Term of 80 years, if the said P. Viscount S. and J. Viscountess S. shall both of them so long live, as aforesaid, To the use and behoof of the said J. Viscountess S. for and during the Term of her Natural life, for and in the name of her Joynture, and in full recompence, lieu and satisfaction of all the Dower, which she may, or otherwise might claim, have, or challenge, in all or any the Mannors, Lands, Tenements, or Hereditaments of the said P. Viscount S. her Husband.

And from and immediately after her decease, To the use and behoof of the first Son of the said P. Viscount S. on the Body of the said J. Viscountess S. begotten, or to be begotten, and the Heirs of the Body of such first Son lawfully to be begotten. And for default of such Issue, To the use and behoof of the second Son of the said P. Viscount S. on the Body of the said J. Viscountess S. begotten, or to be begotten, and the Heirs of the Body of such second Son lawfully to be begotten. And for default of such Issue, To the use and behoof of the third Son of the said P. Viscount S. on the Body of the said J. Viscountess S. to be begotten, and the Heirs of the Body of such third Son lawfully to be begotten. And for default of such Issue, To the use and behoof of the Fourth Son of the said P. Viscount S. on the Body of the said J. Viscountess S. to be be­gotten, and the Heirs of the Body of such Fourth Son lawfully to be begotten. And for default of such Issue, To the use and behoof of the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and all other the Sons of the said P. Viscount S. on the Body of the said J. Viscoun­tess S. to be begotten severally, successively, and respectively, one after another, in order and course, as they shall be in order and Seniority of Age and Priority of Birth, and the several Heirs of their several and respective Bodies lawfully to be begotten. The Elder of the said Sons, and the Heirs of his Body, being always preferred before the younger, and the Heirs of their Bodies. And for default of such Issue, To the use and behoof of the said A.S. Sir J. P. and Sir C.H. their Executors, Administrators and Assigns, for and during the Term of 200 years from thenceforth next ensuing fully to be compleat and ended.

Nevertheless upon such Trusts and Confidences as are herein after mentioned and declared, concerning the same Term of years and Estate.Provision for Daughters. And from and after the End, Surrender, or other determination of the said Term of 200 l. Then to the use and behoof of the first Son of the said P. Viscount S. on the Body of any other Woman lawfully to be begotten, and the Heirs of the Body of such first Son lawfully to be begotten. [Page 262] And for default of such Issue To the use and behoof of the second Son of the said P. Viscount S. on the Body of any other Woman lawfully to be begotten, and the Heirs of the Body of such second Son lawful­ly to be begotten. And for default of such Issue, To the use and behoof of the Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and all other the Sons of the said P. Viscount S. on the Body of any other Woman lawfully to be begotten, severally, successively, and respec­tively one after another, in order and course as they shall be in order and Seniority of Age, and Priority of Birth, and the several Heirs of their several and respective Bodies lawfully to be begotten. The El­der of the said Sons, and the Heirs of his Body being always prefer­red before the younger, and the Heirs of their Bodies, And for de­fault of such Issue, To the use and behoof of all the Daughters of the said P. Viscount S. on the Body of the said J. Viscountess S. begotten and to be begotten, and the Heirs of the Bodies of all such Daugh­ters lawfully to be begotten. And for default of such Issue, To the use and behoof of all the Daughters of the said P. Visc. S. begotten and to be begotten, and the Heirs of the Bodies of all the said Daugh­ters lawfully to be begotten.

And as for and concerning all the rest and residue of the said Man­nors, Lordships, Lands, Tenements, Hereditaments, and Premisses, whereof any use is herein before limited to the said P. Viscount S. and which are not herein before limited to the said J. Viscountess S. for her Joynture, from and immediately after the Decease of the said P. Visc. S. charged and chargeable respectively, as is before-men­tioned, To the use and behoof of the first Son of the said P. Visc. S. and the Heirs of the Body of such first Son lawfully to be begotten. And for default of such Issue, To the use and behoof of the second Son of the said P. Viscount S. and the Heirs of the Body of such second Son lawfully to be begotten. And for default of such Issue, To the use and behoof of the third Son of the said Ph. Viscount S. and the Heirs of the Body of such third Son lawfully to be begotten. And for default of such Issue, To the use and behoof of the fourth Son of the said P. Viscount S. and the Heirs of the Body of such fourth Son lawfully to be begotten. And for default of such Issue, To the use and behoof of the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and all other the Sons of the said P. Viscount S. severally, successively and respectively, one after another in order and course, as they shall be in order and Seniority of Age, and Priority of Birth, and the several Heirs of their several and respective Bodies lawfully to be begotten; the Elder of the said Sons, and the Heirs of his Body, being always preferred before the Younger, and the Heirs of their Bodies. And for default of such Issue, then in case the said J. Vis­countess S. or any other Woman which shall be Wife of the said P. Viscount S. at the time of his Death, shall happen to be Enseint with Child by him at the time of his Death,Feme Enseint. To the use and behoof of the said J. Viscountess S. or such other Wife, until she shall be of such Child delivered, or die, which shall first happen, in Trust, for the benefit of such Child. And if such After-born Child shall happen to be a Son, To the use and behoof of such After-born Son, and the Heirs of his Body lawfully to be begotten. And for default of such Issue, To the use and behoof of the said A. S. Sir J. P. and Sir C. B. [Page 263] their Executors, Administrators and Assigns, for and during the Term of Three hundred years from thenceforth next ensuing fully to be com­pleat and ended.

Nevertheless, upon such Trusts and Confidences as are herein after mentioned and declared, concerning the same Term of years and Estate. And from and after the End, Surrender, or other Determi­nation of the said Term of Three hundred years. Then To the use and behoof of all the Daughters of the said P. Viscount S. on the Body of the said J. Viscountess S. begotten, or to be begotten, whe­ther they shall be born before or after the Death of the said Viscount, and the Heirs of the Bodies of all such Daughters. And for de­fault of such Issue, To the use and behoof of all the Daughters of the said P. Viscount S. begotten, and to be begotten, whether they shall be born before or after the Death of the said Viscount, and the Heirs of the Bodies of the said Daughters. And for default of such Issue, and after the respective Determinations of all the several Estates thereof above limited, and as they shall respectively deter­mine. Then as for and concerning all and singular the said Man­nors, Lordships, Lands, Tenements, Hereditaments and Premisses whatsoever, in the said recited Indenture Tripartite, and the said Fine and Recovery, or any of them, comprised, or to be comprised, whereof any Use is herein before limited to the said P. Viscount S. or to the said J. Viscountess S. or either of them, To the use and be­hoof of the said A. S. Sir J.P. and Sir C.H. their Heirs and Assigns for ever.

Ʋpon special Trust and Confidence nevertheless, and to the in­tent and purpose, That in case the said J. Viscountess S. shall survive the said P. Viscount S. her Husband, Then they the said A. S. Sir J.P. and Sir C.H. their Heirs and Assigns, shall and will convey and dispose of their said Estate in the Fee-simple and Inheritance of all the said Premisses, to, or to the use of such Person or Persons, for such Estate and Estates, either in Fee-simple or otherwise, as the said J. Viscountess S. at any time or times, whether Covert or Sole, or under her full Age of 21 years, by any Deed or Deeds, Writing or Writings, or last Will in Writing, or other Writing purporting her last Will, by her Signed and Sealed in the Presence of two or more Credible Witnesses shall appoint. And in default of such Appoint­ment, and of such part and parts thereof, whereof no such Appoint­ment shall be made, To the use and behoof of the said J. Vicountess S. and her Heirs. And in case she shall happen to die before the said Viscount, That then they shall convey and dispose their said Estate in the Fee-simple and Inheritance of the said Mannors and Lordships of S.L. and W. the said Rectory and Parsonage of S. and of all the said Lands and Hereditaments in S. W. W. F. C. H. S. E. S. F. and H. reputed or occupied as part or parcel of the said Mannors or Lordships, and of all other the Lands and Hereditaments to the said Mannors or Lordships, or any of them belonging or appertaining, expectant upon the said several Estates thereof herein before limited, to such Person or Persons, and for such Estate and Estates, either in Fee-simple, or otherwise, as the said J. Viscountess, at any time or times; notwithstanding her Coverture, or during her Minority, or after her full Age of 21 years, by any Deed or Deeds, Writing or [Page 264] Writings, or last Will in Writing, or other Writing purporting her last Will by her Signed and Sealed in the presence of two or more credible Witnesses shall appoint. And in default of such Appoint­ment, and of such part and parts thereof whereof no such Appoint­ment shall be made, shall and will convey and dispose their said E­state in the Fee-simple and Inheritance of the same last mentioned Premisses. As also in case the said P. Viscount S. shall survive the said J. Viscountess S. they shall and will convey and dispose their said Estate in the Fee-simple and Inheritance of all the residue of the said Mannors, Lands and Premisses, to the said Viscount and his Heirs, or to such other Person or Persons as the said Viscount by any his Deed or Deeds, Writing or Writings, or last Will in Writing, by him Signed and Sealed in the presence of two or more credible Wit­nesses, shall nominate or appoint in that behalf.

And it is hereby declared, meant and agreed, by and between all and every the said Parties to these Presents, and the true intent and meaning of them, and every of them, and of these Presents is, That the said Term and Estate herein before limited unto the said A. S. Sir J. P. and Sir C. H. their Executors, Administrators and Assigns, for the said Term of Two hundred years, is upon this special Trust and Confidence, and to the intent and purpose, That in case the said P. Viscount S. shall have any one or more Daughter or Daughters begotten on the Body of the said J. Viscountess S. which shall be living at the time of the Death of the said J. Vis­countess S. That then they the said A. S. Sir J.P. and Sir C.H. or the Survivors or Survivor of them, or the Executors or Administrators or Survivor of them, shall by, with, and out of the Rents, Issues and Profits of the said Mannors, Lands and Premisses, to them limited for the said Term of 200 years, or by Sale or Demise thereof, or of any part thereof, for all or any part of the said Term, or by all or any of the said Means, or otherwise, as to them in their Discre­tions shall seem meet, levy and raise Moneys for the Portion or Por­tions, and yearly Maintenance of such Daughter or Daughters, in such sort and proportion, and to be paid in such manner and form as is herein after mentioned (that is to say,) In case there shall be one such Daughter and no more then the Sum of 10000 Pounds shall be levied and raised for the Portion of such one Daughter. And if there be two or more such Daughters, then the Sum of 12000 Pounds shall be levied and raised for the Portions of such two or more Daughters to be equally divided amongst all such Daughters. Which said Portion or Portions shall be paid unto such Daughter or Daugh­ters, who shall be under the Age of 16 years at the time of the Death of the said J. Viscountess S. at her or their respective Age or Ages of 16 years. But if she or they, or any of them, shall have attained the said Age of 16 years before the Death of the said Vis­countess, then the Portion or Portions of such Daughter or Daugh­ters, which shall have so attained her or their Age of 16 years, shall be paid unto her or them respectively within one year after the Death of the said Viscountess.

And upon this farther Trust and Confidence, and to this farther in­tent and purpose, That the said A. S. Sir J. P. and Sir C. H. and the Survivors and Survivor of them, and the Executors or Administrators of the Survivor of them, shall by, with, and out of the Moneys to be levied and raised as aforesaid, pay and allow unto all such Daughter or Daughters of the said P. Visc. S. begotten on the Body of the said I. Viscountess S. which shall be living at the time of the Death of the said Viscountess, so much Money for her or their Maintenance and E­ducation, as the Interest of her or their respective Portion or Portions shall amount unto, after the rate of 3 l. per Cent. for a year, from the time of the Death of the said Viscountess, until such time as her or their respective Portion or Portions before-mentioned shall become due and payable unto her or them respectively.

And upon this farther Trust and Confidence also, That after all the said Portions and Sums of Money shall be levied and raised together, with all Charges in or about the levying or raising thereof, Or, that any person or persons, to whom any Estate is herein before-limited in Remainder of the same Premisses, shall pay the same within the re­spective time and times limited for payment thereof, That then at a­ny time after, as also in case there shall be no such Daughter or Daugh­ters at the time of the Death of the said Viscountess, They the said A. S. Sir J. P. and Sir C. H. their Executors, Administrators and As­signs, shall and will at the reasonable Request and proper Costs and Charges of such person or persons to whom the next and immediate Estate for the time being, of and in the Premisses expectant upon the determination of the said Term of 200 years, shall by the true intent and meaning of these Presents belong or appertain, surrender and yield up the said Estate and Term of years unto such person or persons so requiring the same.

And it is hereby declared, meant and agreed by and between all and every the said Parties to these Presents, and the true intent and meaning of them, and every of them, and of these Presents, is, That the said Term and Estate so as aforesaid limited unto the said A. S. Sir J. P. and C. H. their Executors, Administrators and Assigns, for the said Term of 300 years, is upon this special Trust and Confidence, and to the intent and purpose, That in case the said P. Viscount S. shall have any one or more Daughter or Daughters begotten by him after the Death of the said I. Viscountess S. his Wife, upon the Body of any o­ther Woman which shall then be his Wife, which Daughter or Daugh­ters shall be living at the time of the Commencement of the said Term of 300 years; Or that any such other Woman, which shall be Wife of the said P. Viscount S. at the time of his Decease, shall then be en­seint and with Child of any Daughter or Daughters begotten by the said P. Viscount S. That then they the said A. S. Sir J. P. and Sir C.H. or the Survivors or Survivor of them, or the Executors or Administra­tors of the Survivor of them, shall by, with, and out of the Rents, Issues and Profits of the said Mannors, Lands, and Premisses to them limited for the said Term of 300 years, or by Sale or Demise thereof, or of any part thereof, for all or any part of the said Term, or by all or any of the said means or otherwise, as to them in their Discretions shall seem meet, levy and raise Moneys for the Portion or Portions and yearly maintenance of such Daughter or Daughters, whether they [Page 266] be born before or after the Commencement of the said Term in such sort and proportion, and to be paid in such sort, manner and form as is herein after-mentioned (that is to say) In case there shall be one such Daughter, and no more, then the Sum of 10000 l. shall be levied and raised for the Portion of such one Daughter; And if there shall be two or more such Daughters, then the Sum of 12000 l. shall be levied and raised for the Portions of such two or more Daughters, to be equal­ly divided amongst all such Daughters; Which said Portion or Porti­ons shall be paid unto such Daughter or Daughters who shall not be born, or shall be under the Age of 16 years at the time of the Com­mencement of the said Term of 300 years respectively, at her or their respective Age or Ages of 16 years. But if she or they, or any of them, shall have attained the said Age of 16 years before the Com­mencement of the said Term of 300 years, then the Portion or Porti­ons of such Daughter or Daughters which shall have attained the said Age of 16 years before the Commencement of the said Term of 300 years, And upon this farther Trust and Confidence, and to this far­ther intent and Purpose, That the said A. S. Sir J. P. and Sir C. H. and the Survivors and the Survivor of them, and the Executors or Ad­ministrators of the Survivor of them, shall out of the profits of the said Mannors, Lands, and Premisses, pay and allow unto all such Daugh­ter or Daughters of the said P. Viscount S. which shall be living at the Commencement of the said Term of 300 years, or born afterward, so much money for her or their maintenance and Education, as the In­terest of her or their respective Portion or Portions, shall amount unto after the rate of 3 l. per Cent. for a year, from the time of the Com­mencement of the said Term and Estate for 300 years, until such time as her or their respective Portion or Portions before-mentioned, shall become due and payable unto her or them respectively; And upon this farther Trust and Confidence also, That after all the said Portions and Sums of Money shall be levied and raised, together with all char­ges in or about the levying or raising thereof, Or that any person or persons, to whom any Estate is herein before-limited in Remainder of the same Premisses, shall pay the same within the respective time and times limited for payment thereof, That then at any time after, as also in case there shall be no such Daughter or Daughters, at the time of the Commencement of the said term and estate for 300. years, Nor that any such Woman (other then the said J. now Viscountess S. which shall be the Wife of the said P. Viscount S. at the time of his Decease, shall then be enseint of any Daughter which shall be after born alive, They the said A. S. Sir J. P. and Sir C. H. their Ex­ecutors, administrators, and assigns, shall and will, at the reaso­nable request and proper Costs and Charges of such person or persons, to whom the next and immediate Estate for the time being, of and in the Premisses expectant, upon the determination of the said Term of 300. years, shall by the true intent and meaning of these presents belong or appertain, surrender and yield up the said Estate and Term of years unto such person or persons so enquiring the same.

Provided always, and it is hereby declared, meant and agreed, by and between all and every the said Parties to these Presents, and the intent and meaning of them, and every of them and of these pre­sents is, That the said P. viscount S. shall have full liberty power [Page 267] and Authority and that it shall and may be lawfull to and for him the said Viscount, from time to time, and at all times during his life by any Deed or Deeds, writing or writings, under his own proper hand and seal, to be subscribed and sealed in the presence of two or more Credi­dible Witnesses, to demise, grant, or lease in possession, to any person or persons whatsoever, for the term of 21 years, or under, from the making of the same, all or any part or parts of the Premisses herein before limited in use to the said Viscount, and which are not limited for the Jointure of the said I. Viscountess S. And likewise that the said P. Viscount S. and I. Viscountess S. his Wife, shall have full Li­berty, Power, and Authority, during their joint Lives, and after the Death of the said I. Viscountess S. that the said P. Viscount S. during his life, shall have full Liberty, Power, and Authority, and that it shall and may be lawful to and for the said P. Viscount S. and I. Vis­countess S. his Wife, during their joint Lives, and after the Death of the said I. Viscountess S. to and for the said P. Viscount S. during his life, by any Deed or Deeds, Writing or Writings, under the proper Hands and Seals of the said Viscount and Viscountess, during their joint lives, and after under the Hand and Seal of the said Viscount, to be subscribed and sealed in the Presence of two or more credible Witnesses, To demise, grant, or lease in possession, to any person or persons whatsoever, for the term of 21 years or under, from the making the same, all, or any part or parts of the Premisses herein be­fore limited for the Jointure of the said I. Viscountess S. So that up­on every such Lease or Leases, Demise or Demises of all, or any of the same Premisses, as well of such of them as are not limited for the Jointure of the said I. Viscountess S. as of such of them as are limited for her Jointure, there shall be reserved to continue due and payable during the continuance of the said respective terms, the greatest year­ly Rent or Rents or more, as within the space of seven years now last past, have or hath been reserved or payable for such part or parts of the Premisses as shall be so leased or demised, or a proportionable part thereof, where only part shall be so leased or demised.

Provided also, and it is hereby declared, meant and agreed, by and between all and every the said Parties to these Presents, and the farther intent and meaning of them, and every of them, and of these Presents is, That the said P. Viscount S. shall have full Power, Liberty, and Authority, and that it shall and may be lawful to and for him the said Viscount, after the Decease of the said I. Viscountess S. from time to time, and at all times during his life, by any Deed or Deeds, Wri­ting or Writings, under his proper Hand and Seal, to be by him sub­scribed and sealed in the presence of three or more credible Witnesses, to grant, limit, or appoint any part or parts of the Mannors, Lands, Tenements and Hereditaments herein before limited for the Jointure of the said I. Viscountess S. (other then and except the said Mannors and Lordships of S. L. and W. with the Appurtenances) or any Re­version or Reversions depending upon any Lease or Limitation, Leases or Limitations of the same Premisses, by virtue of any Power or Pro­viso herein contained (except as aforesaid) To or for the use of any Woman or Women which the said P. Viscount S. shall hereafter hap­en to marry, for and during the natural life or lives of such Woman or Women respectively, for and in lieu, name, or stead of her or their [Page 268] Jointure or Jointures; Or otherwise, That the said P. Viscount S. shall have full Power, Liberty, and Authority, and that it shall and may be lawful to and for him the said Viscount, from time to time, and at any time or times hereafter during his natural life, from and aft [...]r the Death of the said I. Viscountess S. by any Deed or Deeds, Writing or Wri­tings, under his proper Hand and Seal, to be by him subscribed and sealed in the presence of three or more credible Witnesses, to grant, li­mit, or appoint, with sufficient Clause of Distress or otherwise at his choice or pleasure, unto or for such Woman or Women, which he the said Viscount shall hereafter happen to marry, or to any other person or persons as in Trust or Confidence, for or to the use of every, or any such Woman or Women, for and during the natural li [...]e and lives of every or any such Woman or Women, One or more annual or yearly Rent or Rents-charge, or other, not exceeding the yearly Sum of 1000 l. to be issuing and payable, and to be paid unto, or for or to the use of every, or any such Woman or Women which the said Vis­count shall so marry, out of all and singular, or any of the said Man­nors, Lands, Tenements, and Hereditaments herein before limited, for the Jointure of the said I. Viscountess S. or out of any part or par­cels thereof (except the said Mannors and Lordships of S. L. and W. with their Appurtenances) To have and to hold the same annual or yearly Rent or Rents, for and during the several natural life or lives of every or any such Woman or Women whom the said P. Viscount S. shall hereafter happen to marry, and the same to be yearly payable at or upon the Feast-days of St. Mich. the Archangel, and the Annuncia­tion of &c. by even and equal Portions, And the first payment there­of to begin and commence at such of the same Feast-days as shall first and next happen after the Decease of the said Viscount.

Provided also, and it is hereby declared, meant, and agreed by and between all and every the said parties to these Presents, and the farther intent and meaning of them, and every of them, and of these Presents is, That the said P. Viscount S. shall have full Power, Liber­ty, and Authority, And that it shall and may be lawful to and for him the said Viscount, by any Deed or Deeds, Writing or Writings, under his proper Hand and Seal, to be by him subscribed and sealed in the presence of three or more Credible Witnesses, to grant, limit, or appoint, with sufficient Clause or Clauses of Distress, or other­wise, at his choice or pleasure, out of all and singular, or any the Mannors, Lands, Tenements, Hereditaments and Premises herein before limited in use to the said P. Viscount S. which are not herein, or hereby limited for the Jointure of the said I. Viscount S. One Annuity or yearly Rent of 40. l. of lawful &c. unto A. B. of &c. for and during the Term of the natural life of him the said A. B. And one other Annuity or yearly Rent of 40. l. of &c. unto J. D. of &c. The same Annuities or yearly Rent to be paid at such Feasts or Days of Pay­ment as in such Deed or Deeds Writing or Writings shall be in that be­half expressed.

Provided also, And it is hereby declared meant and agreed by and between all and every the said Parties to these Presents, and the far­ther intent and meaning of them, and every of them, and of these Presents is, That the said P. Viscount S. shall have full Power, Liber­ty, and Authority, and that it shall and may be lawful, to and for [Page 269] the said Viscount, in case he shall have any more Sons begotten upon the Body of the said I. Viscountess S. then one, to grant, Lease, Limit, Assigne, or appoint by any Deed or Deeds, Writing or Writings, under his proper Hand and Seal to be by him subscribed and sealed in the presence of three or more Credible Witnesses, unto, or to the use of any such younger Son or Sons of the said Viscount and Vis­countess, any part or parts of the said Mannors, Lands and Premi­ses herein before limited, in use to the said P. Viscount S. not excee­ding in the whole the yearly Value of 500 l. per Annum, either in Fee tail or for Life, or Lives, or for any number of years not excee­ding two thousand years, and with, or without reservation of any Rent or Rents, as to him the said Viscount shall seem meet, Subject nevertheless to, and charged with the Jointure of the said I. Vis­countess S. if such Grant, Lease, Limitation, Assignment, or Ap­pointment shall be made of any of the said Premises to her limited for her Jointure.

Provided likewise, And it is farther declared, meant and agreed by and between all and every the said Parties to these Presents, And the farther intent and meaning of them and every of them and of these Presents is, That in case, the said P. Viscount S. shall have any one or more Son or Sons by him begotten upon the Body of the said I. Vis­count S. and shall also have any one or more Daughter or Daughters by him begotten upon the Body of the said I. Viscountess S. That then he the said Viscount shall have full Power, Liberty, and Authority, and that it shall and may be lawful, to and for him the said Viscount, by an Deed or Deeds, Writing or Writings, to be by him subscribed and sealed in the presence of three or more credible Witnesses, to make any Lease or Leases of any part or parts, parcel or parcels of the said Mannors, Lands, and Premisses herein before limited in use to the said Viscount, not exceeding the value of 1000 l. per Annum, to any person or persons for any number of years, not exceeding 60 years, upon express Trust in such Deed or Deeds, Writing or Writings, to be contained, for raising a Portion or Portions for such Daughter or Daughters, not exceeding the Sum of 3000 for any one such Daughter, and that the same Lease or Leases shall be surrendred, or otherwise determine, when such Portion or Portions shall be rai­sed; Provided nevertheless, that no such Lease to be made, during the life of the said I. Viscountess S. of any part of the Premisses to her limited for her Jointure, shall be limited to commence or take effect in Possession after the Death of the Viscountess.

And it is hereby farther declared and agreed, by and between all and every the said Parties to these Presents, and the full intent and meaning of these Presents, and of all and every the said Parties hereunto is, That none of the Powers hereby reserved, granted, or limited; to or [...]or the said Viscount, for granting, leasing, limiting, assigning, or appointing any part of the Premisses unto, or to the use of any such younger Son or Sons of the said Viscount, or for making any Lease or Leases for raising any Portion or Portions for any such Daughter or Daughters of the said Viscount, shall in any wise pre­judice the Estate herein before limited to the said I. Viscountess S. for her Jointure.

And it is hereby also declared and agreed by and between all and every the said Parties to these Presents, and the full intent and mean­ing of these presents, and of all and every the said Parties hereunto is, That immediately from and after such Jointures, Leases, Estates, and Rents so made, granted, leased, charged, assigned, limited or appointed by the said P. Viscount S. alone, or by him and the said J. Viscountess S. h s Wife, according to the Powers hereby given or li­mited unto him alone, or to him and his said Wife respectively, these Presents shall be and enure, and shall be adjudged, deemed, and taken to be and enure, of, for, and concerning the Premisses so to be letten, granted, assigned, charged, limited or appointed, And the said Conusees in the said Fine, and the said Recoveror in the said Recovery, and his and their Heirs, shall stand and be seised thereof to the several and respective uses of the several and respective persons, their Heirs, Executors, Administrators and Assigns, to whom such Jointures, Leases, and Estates shall be so made, limited, or appoint­ed as aforesaid, for such Terms and Estates as shall be so leased, limi­ted, or appointed to them, according to the intent and true mean­ing of the said several and respective Deeds or Writings, so leasing, limiting, or appointing the same, And of the Reversion and Rever­sions thereof during the said Leases, Terms, and Estates, and of the Premisses themselves, after the said Leases, Terms, and Estates shall be ended and determined, and as the same shall severally and respectively end and determine, To the several uses of such person and persons, and for such Estate and Estates, and with and under such Powers, Authorities, and Provisoes, and in such sort, manner, and form as the same are hereby declared, limited, and appointed, and as the same should have been if such Leases, Estates, or Terms so to be made by Virtue of these presents had not at all been.

And to the intent that such person and persons, to whom the said Viscount shall, according to the several and respective Powers hereby given or limited to him, grant, or limit any such Rent or Rents, may have and perceive out of the said Premisses, or such part thereof as shall be therewith charged, the Rent and Rents that shall be so granted or limited.

And it is hereby declared and agreed, That every of the same person and persons to whom such Rent or Rents shall be so granted or limited, and every of their Heirs, Executors, Admi­nistrators, and Assigns, according to the several and respective Estates to them limited, shall have full Power and Authority, and that it shall and may be lawfull to and for them, and every of them res­pectively, to distrain as often as the said Rent or Rents, or any part thereof shall be behind and unpaid at the times wherein the same shall be limited to be paid, upon such of the said Lands and Premisses as shall be by such grant or limitation therewith charged, or mentioned to be charged, And the Distress and Di­stresses to detain and keep, untill they and every of them be of the said Rent or Rents and every part thereof fully satisfied.

And it is hereby farther provided, declared, and agreed, and the intent of all the said Parties to these Presents is, That every of the said Jointures, Leases, Grants, Limitations, and Estates, shall take effect and stand good, according as the said respe­ctive Jointures, Leases, Grants, Limitations, and Estates shall in Priority of time be made one before the other, by force of any the Powers or Provisoes aforesaid, the intent of all the Par­ties to these presents being, that none of the subsequent Join­tures, Leases, Rents, Grants, Limitations, or Estates shall de­termine, charge, change, or make void the former, but every such Grant, Lease, Rent, Jointure, Limitation, and Estate to be in force, take effect, and continue respectively, and in order as every such Grant, Lease, Rent, Jointure, Limitation, or E­state shall precede others in point of time and Creation, without any respect at all to the order of Penning or Placing of the same Powers or Provisoes aforesaid mentioned in these presents In­dentures.

And the said P. Viscount S. for himself, his Heirs, Executors, Administrators, and Assigns, and for every of them, doth cove­nant, promise, and grant, to and with the said A. S. Sir J. P. and Sir C. H. their Heirs, Executors, and Administrators, and every of them by these Presents, That he the said P. Viscount S. and all and every other person and persons whatsoever, having, or law­fully claiming, or which shall, or may at any time or times here­after have or claim, any Estate, Right, Title, or Interest of, in, or to the Premisses hereby granted, or of, in, or to any part or parcel hereof, by, from, or under him the said P. Viscount S. shall and will from time to time, and at all and every time and times hereafter, within the space of seven years next ensu­ing the Date of this present Indenture, At and upon the reasona­ble request of the said A. S. Sir J. P. and Sir C. H. their Heirs, Executors, or Administrators, or any of them, but at the proper Costs and Charges of the said P. Viscount S. his Heirs, Execu­tors, or Administrators, do make, levy, execute, knowledge, and suffer or cause to be done, made, levied, executed, acknow­ledged and suffered, All and every such farther and other reaso­nable Act and Acts, Thing and Things, Assurance and convey­ances in the Law whatsoever, for the farther, better, and more perfect assuring surety, sure-making, conveying, setling, esta­blishing, or confirming of all the said Mannors, Lordships, Mes­suages, Lands, Tenements, Hereditaments, and Premisses whatso­ever hereby granted, or &c. or any of them, and of every or any part or parcel thereof, with all and singular their and every of their Appurtenances, unto and for such and the same uses, intents, and purposes and with and under such and the same Powers, Liberties, and Provisoes as the same Premisses are, in, and by these Presents granted, conveyed, limited, and setled, or men­tioned to be granted, conveyed, limited, or setled, Be it by Fine or Fines, Feoffment or Feoffments, Deed or Deeds, inden­ted or Poll, inrolled or not inrolled, common Recovery or Reco­veries, with single, double, or treble Voucher or Vouchers, Re­lease or Confirmation, or by all and every, or any of the said [Page 272] ways or means, or by any other ways or means in the Law what­soever, As by the said A. S. Sir J. P. and Sir C. H. their Heirs, Executors or Administrators, or their or any of their Counsel learned in the Law, shall be reasonably devised or advised, So as the same extend to no farther or other Warranty or Cove­nants, then against the Parties to such Assurances respectively, and for their own Acts only.

And lastly, It is hereby covenanted, granted, concluded, and agreed by and between the said Parties to these Presents, for them and their Heirs, And they do hereby publish and declare, That all and singular common Recovery and Recoveries of the Pre­misses, or any part or parts thereof, wherein the said H. K. and H. L. are or shall be Tenants to the Precipe, and all farther and other Assurances and Conveyances whatsoever of the said Pre­mises, and every or any part or parcel thereof, at any time af­ter the end of E. Term next ensuing the date hereof, had, made, levied, executed, or acknowledged, or to be had, made, levied, executed, or acknowledged between the said Parties to these Presents, or any of them, or whereunto they or any of them shall be Party or Parties, shall be and enure, and shall be con­strued, expounded, adjudged, deemed, and taken to be and enure, To the same use, intents and purposes, and with and under the same Powers, Liberties, and Provisoes as the same Premises are in and by these Presents limited and setled, or mentioned to be limited or setled: In witness &c.

An Act for the Inabling P. Viscount S. to sell certain Lands and Tenements for the pay­ment of his Debts.

WHereas P. Viscount S. within the Kingdom of Ireland, coming to the Age of One and twenty years, in the Year of our Lord God 1655. and being seized in Fée-simple of and in several Lordships, Mannors, Lands, and Tenements within the County of Kent, which descended unto him by the death of T. Viscount S. within the said Kingdom of Ireland his Father; And having before that time married the Lady L. one of the Daughters of the Right Honourable R. E. of L. did in Hill. Term, An. Dom. 1655. voluntarily, and without any consi­deration of Money paid by the said E. of L. (either before or after his said Marriage) levy and suffer a Fine and Common Recovery of the Mannors of S. and the Mannor or Lordship of B. in the said County of Kent, (amongst other things) and by a certain Indenture Quadripartite, bearing date the 30th day of M. Anno Dom. 1655. made betwéen the said Viscount and Viscountess of the first part, H. R. and H. L. Gent. of the second part, R. N. Esquire, of the third part, and A. S. Esq; J. P. Baronet, and C. H. Knight of the fourth part; The use of the said Fine and Recovery was declared to be as for and concerning the said Mannors and Lordships of S. and B. to the use of the said A. S. J. P. and C. H. their Heirs and Assigns, upon special Trust, that they might by Sale, Mortgage, or Demise, raise the Sum of 4000 l. and dispose the same for the payment of the proper Debts of the said Viscount then owing; And as for the other Mannors of S. and P. to the use of the said Viscount for the Term of 99 years, if he so long lived, without impeachment of Wast, And after the determination of that Estate, to the said A. S. J. P. and C. H. and their Heirs, during the said Viscounts life, to preserve the Contingent Vses, to wit, to the use of the first, second, third, and so to the tenth Sons of the said Viscount, and the Heirs of the Body of such Sons respectively; and for want of such Issue Male, to the use of all the Daughters of the said Viscount on the Body of the said Viscountess to be begot­ten, and the Heirs of the Bodies of such Daughters; And for want of such Issue Male or Female as aforesaid, to the use of the said A. S. J. P. and C. H. and their Heirs in Trust, that in case the said Viscountess survived the said Viscount, the said Trustées, their Heirs and Assigns, should dispose the Fée-simple of the said Man­nors, as the said Viscountess should appoint, by Déed or last Will in Writing under her hand and Seal, in presence of two or more credible Witnesses; And for want of such appointment to the said Viscountess and her Heirs, And if the said Viscount should sur­vive the said Viscountess, then the said Trustées should dispose the [Page 274] Fée-simple of the said Mannors, as the said Viscount should ap­point under his Hand and Seal,

And whereas the said J. P. and the said C. H. refusing to in­termeddle in the Trust, in pursuance of a Decrée in the High Court of Chancery, made the 24th day of July, 1655. Released their Right and Interest of and in the said Mannors unto the said A. S. and his Heirs; And whereas the said Viscount had in the Year of our Lord 1658. by reason of his Imprisonment under the late Vsurping Powers, for his frée Contribution to­wards, and Loyal Endeavours for the most happy Restaurati­on of his most Sacred Majesty, King CHARLES the Se­cond, to his Kingdom; And by reason of his Debts amounting to Four thousand pounds and upward, which should have béen paid by the said A. S. out of the said Mannors as aforesaid, were not paid, although he the said A. S. received the Profits there­of, Increased his Debts to the Sum of Ten thousand pounds, for Security and Payment whereof, he the said Viscount, and the said Viscountess Isabella his Wife, and A. S. aforesaid, by advice of Learned Counsel in the Law, by their Indenture bear­ing Date the First day of June, 1658. to the intent a Fine might be thereof levied, did Grant, Bargain, and Sell to T. H. and his Heirs, all that Reversion or Remainder in Fée-simple of the said A. S. of the Mannors aforesaid, in the said County of Kent, with the Appurtenances, and all the Lands, Tenements, and Hereditaments of the said Viscount S. to the said Mannors belonging.

And whereas also the said Viscountess is since dead, and the said Viscount married unto the Right Honourable Mary Viscoun­tess S. Daughter to T. P. Esq; And whereas the said Viscount S. hath not any considerable Personal Estate wherewith to satisfie his said Debts, nor any Lands whereof he can make Sale to­wards the Discharge thereof, nor will be any ways able to ex­tricate himself from so great a Mischief, without the Assistance of an Act of Parliament to inable him to sell part of his Lands, so settled as in the first mentioned Indenture is contained,

And whereas since the Settlement aforesaid, and since the said Fine and Recovery levied and suffered, and the several Déeds and Fines thereupon made, whereby the said Debts were in such sort endeavoured to be secured, a Daughter named D. is born to the said Viscount, of the Body of the said Viscountess, Inheri­table in Tail by virtue of the first Settlement, notwithstanding all or any the subsequent Acts.

And the said A. S. hath absented himself in some Forreign Parts beyond the Seas ever since the coming of his Sacred Majesty into his Kingdoms, and hath not concurred, by reason of his said absence, in such ways and means, as by Counsel [Page 275] Learned in the Law was advised, for the Sale of part of the said Viscounts Lands, or for the paying or securing any of the said Debts thereby, insomuch that the same Debts do so daily increase, by addition of Interest, that in a short time the said Viscount and his Family will be in great danger to be ruined, and yet several of his Creditors be defeated and defrauded of their Debts, May it therefore please your most Excellent Majesty, at the humble Suit of the said Viscount, on the behalf of himself as of his Creditors, to vouchsafe that it may be Enacted, And be it Enacted by the King's most Excellent Majesty, and the Lords Spiritual and Temporal, and the Commons in this present Parliament assem­bled, and by the Authority of the same, That the said Mannors and Lordships of &c. (other then such parts thereof as have béen absolutely and bona fide sold by the said A. S. in pursuance of his said Trust) lying and being in the said County of Kent, And in all, every, or any of them, with their and every of their Rights, Members and Appurtenances, together with all Houses, Com­mons and Common of Pasture, Hedges, Quicksers, Profits, He­reditaments, and Appurtenances whatsoever to the Premisses, or any part thereof belonging or appertaining, or accepted, reputed, taken, used, occupied, or enjoyed, as part, parcel, or member thereof, shall from and after the 29th Day of March, 1664. be actually vested and settled in C. H. J. P. and O. G. their Heirs and Assigns; And that from and after the said 29th Day of March, 1664. they the said C. H. J. P. and O. G. shall be adjudged, and ta­ken to be seized thereof, and of every part and parcel thereof, ex­cept before excepted, to them and their Heirs, and may hold and enjoy the same frée from any Estates, Vses, Limitations, Re­mainders, Charges or Provisoes had and made, in and by the said Indenture Quadripartite of the 30th of March, 1655. (other then such Annuities or Rent-Charges as are thereby charged on the Premisses, and hereafter particularly expressed and provided for) Or in and by the said Indenture of Bargain and Sale of the First of July, 1658. to the said A. S. and his Heirs, upon Trust nevertheless that the said C. H. J. P. and O. G. and the Survivor and Survivors of them, and their Heirs, shall by Sale thereof, or any part thereof, raise the Sum of Ten thousand pounds of lawful Money of England, or so much as the said Lands will yield to be sold for the discharge of the several Sums hereafter mentioned (that is to say) The Sum of &c. And all such other Debts and Interest as the said Viscount doth now owe.

And if any Sum or Sums of Money shall remain in the hands of the said Trustées, or any of them, from and after the Satis­faction of the said respective Debts with Interest, that then the said Trustées, and the Survivor and Survivors of them, and their Heirs (deducting to themselves all reasonable Expences and Char­ges by them laid out in and about the Execution of the said Trusts) shall and are hereby enjoyned and required to apply and dispose of the said Moneys, so remaining in their hands, and the yearly in­crease [Page 276] thereof, after the Decease of the said Viscount, to the sole use and benefit of such Issue or Heir to whom the said Lands, hereby enacted to be sold, should or ought to have descended and come after the death of the said Viscount and Viscountess, by the intent and true meaning of the said recited Indenture Quadri­partite.

Provided always, and it is hereby further Enacted, That no­thing herein contained shall extend to impeach or make void one Rent-Charge of &c. with the Arrearages thereof, charged upon the Premisses (amongst other Lands) by the said Indenture Qua­dripartite, and payable unto N. S. or his Assigns, for the Term of his Natural Life, nor to impeach or make void one other Rent-Charge, &c. But that the said respective Rents or Annuities and Arrears, shall be continued payable and recoverable, according to the purport of the said Indenture Quadripartite, and as the same were and should have béen before the passing of this Act, Any thing herein containing to the contrary thereof in any wise not­withstanding.

Surrender of a Mortgage by an Executrix.

THis Indenture, made, &c. Between A.M. the surviving Executrix of the last Will and Testament of Sir T. M. late of, &c. deceased, of the one part, and the Right Honourable A. E. of N. of the other part. Whereas the said A. Earl of N. by Indenture bearing Date the, &c. day of, &c. for the consideration of the Sum of 10000 l. therein mentioned to be to him the said Earl of N. in hand paid by the said Sir T. de M. Did demise and grant unto the said Sir T. de M. his Exe­cutors, Administrators and Assigns, All those the Honour and Mannor of P. the Parks called C. Park, H.P. and Little P. then both in one, and the great Park called M. Park, with the Rights, Members, and Ap­purtenances thereof in the County of S. And all those the Lord­ships and Mannors of S. and D. otherwise called D. with all the Rights, &c. And all that the Mannor of B. otherwise B. with the Appurtenances, &c. And the Reversion, &c. To have and to hold the said Honour, Mannors, Parks, Advowsons, Messuages, Lands, Te­nements, Hereditaments, and all and singular other the said Premisses thereby demised, or mentioned to be demised, with all and singular their, and every of their Rights, Members and Appurtenances, unto the said Sir T. de M. his Executors, Administrators and Assigns, from the making of the said Indenture, for and during the full end and Term of a Thousand years from thenceforth next ensuing, fully to be compleat and ended, under the yearly Rent of one Pepper-corn, if it should be demanded.

And whereas the said Sir T. de M. by Indenture bearing Date the, &c. day of, &c. for the Considerations therein mentioned, Did demise, grant, and to Farm-let unto the said A. Earl of N. the said Honours, Mannors, Parks, Lands, Tenements, Hereditaments, and all and singu­lar other the Premisses, in and by the said recited Indenture demised by the said Earl. To have and to hold the same Premisses unto the said A. Earl of N. his Executors, Administrators and Assigns, from the ma­king of the said Indenture, for and during the term of 999 years from thence next ensuing, and fully to be compleat and ended, under such yearly Rent, and upon such Condition, as in the said Indenture is ex­pressed. And whereas the said Sir T. de M. did make his last Will and Testament in Writing, bearing Date, &c. and thereof did ordain and appoint J. his Wife, (who is since deceased) and the said A. his Daughter, his joynt Executrices.

Now this Indenture witnesseth, That the said A. de M. Surrender. for and in Consideration of the Sum of 10000 l. of lawful, &c. to her in hand paid by the said A. Earl of N. before the Sealing and Delivery of this present Indenture. The Receipt whereof the said A. de M. doth here­by acknowledge, and thereof, &c. Hath granted and surrendred, and by these Presents doth grant and surrender unto the said A. Earl of N. his Heirs and Assigns, All and singular the said Honours, Mannors, Parks, Messuages, Lands, Tenements, Hereditaments and Premisses whatsoever, herein before-mentioned, and in and by the said first recited Indenture, bearing Date, &c. demised, or, &c. unto the said Sir T. de M.

And also, all the Estate, Right, Title, Interest, Term of years, Claim and Demand whatsoever, and howsoever, of her the said A. de M. of, in and to the said Honour and Mannor of P. and other the Premisses herein before mentioned, and of, in and to all and every other the Mannors, Lands, Tenements, and Hereditaments in the said County of S. which at any time heretofore were the Lands or Hereditaments of the said A. Earl of B. and of, in and to every part and parcel thereof. To have and to hold▪ the said Honour, Mannors, Parks, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Pre­misses, with their and every of their Appurtenances, unto the said A. Earl of N. his Heirs and Assigns, for all such Estate, Term or Interest, as she the said A. de M. hath, or ought to have therein.

And the said A. de M. for her self, her Executors, Administrators and Assigns, and for every of them, doth Covenant, Promise and Grant, to and with the said A. Earl of N. his Heirs and Assigns, by these Pre­sents, That she the said A. de M. hath not done any act or thing where­by the said Honour, Parks, Messuages, Lands, Tenements, Heredita­ments, and other the Premisses hereby granted and surrendred, or mentioned to be granted or surrendred, or any of them, or any part or parcel thereof, are, or may be any way impeached, charged, or in­cumbred, in Title, Charge, Estate, or otherwise.

And farther also, That she the said A. de M. her Heirs, Executors, Administrators and Assigns, and all and every Person and Persons whatsoever, any Estate having, or lawfully claiming, or to claim, of, in, to, or out of the Premisses, or any part or parcel thereof, by, from, or under her the said A. de M. shall and will from time to time, and at all times hereafter, within the space of Seven years next ensuing the Date of this present Indenture, at and upon the reasonable request and pro­per Costs and Charges in the Law, of the said A. Earl of N. his Heirs or Assigns; Do make, &c. All and every such farther and other lawful and reasonable Act, &c. for the farther, &c. Assurance, Surety, &c. of the said Honour, Mannors, Parks, &c. and all, &c. Premisses hereby granted and surrendred, or mentioned to be granted or surrendred, or any of them, and of every, or any part or parcel thereof, with the Appurtenan­ces, unto the said A. Earl of N. his Heirs and Assigns, be it by Fine or Fines, Feoffment or Feoffments, Deed or Deeds, Indented or Poll, In­rolled, or not Inrolled, Release or Confirmation, or by all and every, or any of the said ways and means, or by any other ways or means in the Law whatsoever. As by the said A. Earl of N. his Heirs or Assigns, or by his or their Counsel Learned in the Law, shall be reasonably devised, or advised and required. So as the said farther Assurances so to be made, or any of them, do not, nor shall contain any farther or other Warran­ty or Covenant, for enjoying them only against the Parties thereunto respectively, and their respective Heirs, Executors, and Administrators, and touching and concerning Acts and Deeds, done or suffered by them or any of them. And so as for the making, knowledging and executing of such farther Conveyances and Assurances, or any of them, the Per­sons that shall be required to make or execute the same, be not com­pelled, nor compellable to Travel for the doing thereof, from the place of his or their respective habitation or abode, at the time of such re­quest to be made. In witness, &c.

A Mortgage for Two Thousand years, with di­vers Conditions of Redemption.

THis Indenture, made the, &c. in the year of our Lord, &c. Between W.L. of B. in the County of O. Esquire, the Right Honourable T. Lord Viscount W. F.M. of E. in the said County of O. Esquire, T. P. of Grays-Inne in the County of Midd. Gent. E. C. of B. in the County of B. Gent. and F.B. of B. in the said County of O. Gent. of the one part; and J. P. of the Inner Temple, London, Esquire, of the other part; Witnesseth, That the said W.L. T. Lord Viscount W. F.M.T.P. E.C. and F.B. for and in consideration of the Sum of One Thousand and five hundred Pounds of lawful Mony of England, to the said W.L. in hand paid by the said J.P. at or before the Sealing and delivery of this present Indenture, the receipt where­of the said W. L. doth hereby acknowledge. And thereof, and of every part and parcel thereof, doth clearly and absolutely acquit and discharge the said J.P. his Executors and Administrators for ever by these Presents.

And also, for and in consideration of the sum of Five shillings of like lawful Mony, to the said T. Lord Viscount W. F.M. T.P. E.C. and F.B. in hand paid by the said J. P. at, or before the Sealing and Deli­very of this present Indenture, the Receipt whereof they do hereby acknowledge, Have demised, granted, bargained and sold, and by these Presents do demise, grant, bargain and sell unto the said J.P. his Executors, Admininistrators and Assigns, all that the Capital Mes­suage or Mannor House of B. in the County of O. called or known by the name of the Great House, or New House. And also all Barns, Stables, Gardens, Orchards, Backsides, and other Appurtenances to the same belonging or appertaining. And also all that piece of ground next adjoyning to the said House called, &c. the Park containing by estimation Threescore Acres, or thereabouts, be the same more or less. And all those pieces of Pasture ground, called Bean-hill and Rickets Slade, with a little piece of ground adjoyning or belonging to the said ground called Bean-hill, called or known by the name of Pease-Furlong, or by what other Name or Names soever, the same now is or hath been called or known by, with the Appurtenances. Together with all Common or Commons of Pasture, Feedings, Ways, Easements, Waters, Fishing-ponds, Trees, Woods, Under-woods, Hedges, Hedge-rows, Profits, Commodities, Emoluments, Advantages and Hereditaments whatsoever, to the said Mannor House, Closes, Grounds, and other the said Premisses belonging, or in any wise ap­pertaining; lying and being in the Parish of B. in the said County of O. And the Reversion and Reversions, Remainder and Remainders, of all and singular the Premisses, with their Appurtenances, and of every part and parcel thereof, and all Rents and Profits thereunto in­cident and belonging; To have and to hold the said Mannor House, Park, Lands, Tenements, Hereditaments, and all and singular other the Premisses whatsoever, hereby demised, or mentioned to be de­mised, [Page 280] with their and every of their Appurtenances, unto the said J.P. his Executors, Administrators and Assigns, from the day next before the day of the Date hereof, for and during, and unto the full end and Term of Two Thousand years from thence next ensuing, and fully to be compleat and ended, without impeachment of or for any manner of Waste. Yielding and paying therefore yearly, during the said Term, one Pepper-corn at the Feast of St. Michael the Arch-Angel, if it shall be demanded.

And the said W.L. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth Covenant, Promise and Grant, to and with the said J. P. his Executors, Administrators and Assigns by these Presents, That he the said W.L. his Heirs, Executors, Administrators or Assigns, or some, or one of them, shall and will, without any defalcation, deduction, or abatement of any thing, for any Tithes, Taxes, Charges, or payments whatsoever, ordinary or extraordinary, well and truly pay, or cause to be paid to the said J.P. his Executors, Administrators or Assigns, at such times and place, and in such manner and form as is herein after expressed, the full Sum of One Thousand and five hundred pounds of lawful Mony of England, in Gold or Silver, and also Interest or Consideration for the forbear­ance thereof, after the rate of Six pounds for every hundred Pounds by the year, for all the time, from the day of the date of this present Indenture, until the said One Thousand and Five hundred Pounds shall be so paid. That is to say, If the said J. P. his Executors, Ad­ministrators or Assigns, or any of them, shall on any day, &c. of No­vember, or, &c. day of May, between the, &c. day of May, which will be in the year of our Lord One Thousand six hundred and Sixty, and the, &c. day of May, which will be in the year of our Lord One Thousand six hundred sixty and two, give, or leave notice in Writing, at or in the said now Mansion House of the said W. L. called by the name of the New House, At what place to give notice to Mr. L. or Bletchington House, unto or for the said W. L. his Heirs, Executors, Administrators or Assigns, for payment to be made of the said One Thousand and Five hundred Pounds, at the end of six Months then next after the giving or leaving such notice, or to that effect.

Or if the said W.L. his Heirs, Executors, Administrators or Assigns, or any of them, shall on any, &c. day of November, or, &c. day of May, between the said day of, &c. which will be in the year of our Lord 1660, and the said, &c. day of May, which will be in the said year of our Lord, One Thousand six hundred sixty and two, give, or leave notice in Writing, at or in the now dwelling House of the said J.P. in Fetter-Lane, London, unto or for the said J. P. his Executors, Ad­ministrators or Assigns, for payment to be made of the said One Thou­sand and five hundred Pounds, at the end of six Months then next after the giving or leaving such notice, or to that effect. Then in either of those cases, whensoever any such notice shall be so given or left, as aforesaid, by either or any of the said Parties, the said Sum of One Thousand and Five hundred Pounds shall be paid unto the said J.P. his Executor, Administrators or Assigns, at or in the said now dwelling House of the said J. P. in Fetter-Lane, London, aforesaid, on the, &c. day of May, or, &c. day of November, which will be at the end of six Months next after such Notice shall be so given, or left, [Page 281] as aforesaid. But if no such Notice for payment of the said One Thousand and five hundred Pounds, shall be by either, or any of the said Parties so given or left, as aforesaid, before the said, &c. day of May, which will be in the said year of our Lord, One Thousand six hundred sixty and two. Then the said Sum of One Thousand and five hundred Pounds shall be paid unto the said J. P. his Executors, Administrators, or Assigns, at or in the said now dwelling House of the said J.P. upon the said, &c. day of May, which will be in the said year of our Lord, One Thousand six hundred sixty and two, without any further delay.

And the said Interest or Consideration for forbearance of the said One Thousand and five hundred Pounds, after the rate afore­said, shall from time to time be well and truly paid at the said Dwelling-house of the said J. P. by equal half yearly payments of Forty and five Pounds, upon every, &c. day of November, and, &c. day of May, in every year, until such time as the said One Thou­sand and Five hundred Pounds shall be paid, according as it is herein before Covenanted to be paid. And at what time soever the said One Thousand and Five hundred Pounds shall happen to be paid, all the Interest shall be paid for forbearance thereof, after the Rate aforesaid, proportionably for all the time, from the time of the then last half yearly payment before, until the Day of payment of the said One Thousand and Five hundred Pounds.

And the said J. P. for himself, his Executors, Administrators, and Assigns, and for every of them; doth Covenant, promise and agree to and with the said W. L. his Heirs and Assigns by these Pre­sents, That until some default shall be made of, or in payment of the said Moneys herein before Covenanted to be paid, or of some part thereof, He the said J. P. his Executors, Administrators, and Assigns, shall and will permit and suffer the said W.L. T. Lord Viscount W. F.M. T.P. E.C. and F. B. and every of them, their, and every of their respective Heirs, Executors, Administra­tors and Assigns, according to their respective Estates and Interests in the Premisses before the ensealing of these Presents, Peaceably and quietly to hold and enjoy all and singular the said Mannor-House, Lands, Tenements, Hereditaments and Premisses what­soever, hereby demised, or mentioned to be demised, with their and every of their Appurtenances, and to receive, take and en­joy all the Rents and Profits thereof, to their and every of their own Use and Uses, without the Lett, Suit, Trouble, Interruption, Eviction, or Ejection of the said J. P. his Executors, Administra­tors or Assigns, and without any Account to be given unto the said J. P. his Executors, Administrators or Assigns, for the same.

Provided always, And it is hereby Conditioned, Granted, Co­venanted, Concluded and Agreed, by and between the said Par­ties to these Presents, for them, their Heirs, Executors, Admi­nistrators and Assigns, That if the said W. L. his Heirs, Execu­tors, Administrators, or Assigns, or any of them, shall well and [Page 282] truly pay, or cause to be paid, unto the said J. P. his Executors, Administrators or Assigns, the said Sum of One Thousand and Five hundred Pounds, and all such Interest or Consideration, for for­bearance thereof, as aforesaid, in such sort, manner and form, as the same is herein before Covenanted to be paid; That then, from and immediately after such payment made, this present In­denture, and all and every the Term and Estate hereby made and granted, or mentioned to be made or granted, shall cease, de­termine, become, and be void, frustrate, and of none effect to all in­tents and purposes.

And the said W. L. for himself, his Heirs, Executors, Admini­strators and Assigns, and for every of them, doth Covenant, Pro­mise and grant, to and with the said J. P. his Executors, Admi­nistrators and Assigns, by these Presents, in manner and form fol­lowing: That is to say, That he the said W. L. T. Lord Viscount W. F. M. T. P. E. C. and F. B. or some, or one of them, now at the time of the Sealing and Delivery of this present Indenture, are, or is the true and lawful Owner, or Owners, Proprietor or Proprietors of all the said Mannor-House, Lands, and Premisses, hereby demised, or mentioned to be demised, and of every part and parcel thereof, with the Appurtenances. And lawfully, right­fully, and absolutely seised thereof, and of every part and parcel thereof, of a good, pure, absolute and indefeasible Estate of In­heritance in Fee-simple, without any manner of Condition, con­tingent Proviso, or limitation of Use or Uses, or other restraint, matter, or thing, to determine, alter, or change the same. And have, or hath, good right, lawful and absolute Power and Autho­rity in themselves, or in some or one of them, to demise, grant, bargain and sell all and singular the same Premisses, and every part and parcel thereof, with their, and every of their Appurtenances, unto the said J. P. his Executors, Administrators and Assigns, for and during all the said Term of Two Thousand years, and in man­ner and form aforesaid.

And that if default shall happen to be made, of or in payment of the said Moneys herein before Covenanted to be paid, or of any part thereof; That then, and from thenceforth, it shall and may be lawful to and for the said J. P. his Executors, Administrators and Assigns, into all and singular the Premisses, and into every part and parcel thereof, to enter, and the same from thenceforth, for and during all the then rest and residue of the said Term of Two Thou­sand years, peaceably and quietly to hold and enjoy all and every the Rents and Profits thereof, coming, arising and growing, to have and take without any manner of Denial, Lett, Suit, Trouble, Interruption, Eviction, or Ejection, of, or by the said W. L. T. Lord Viscount W. F. M. T. P. E. C. and F. B. or any of them, their, or any of their Heirs or Assigns, and without the lawful Lett, Suit, Trouble, Interruption, Eviction or Ejection, of, or by any o­ther Person, or Persons whatsoever. And free and clear, and freely clearly and absolutely acquitted, freed and discharged, of, and from [Page 283] all former and other Bargains, Sales, Gifts, Grants, Joyntures, Dow­ers, Entails, Leases, Mortgages, Estates, Rights, Titles, Rents, Ar­rearages of Rents, Judgments, Statutes, Recognizances, Executions, Extents, Troubles, Forfeitures, Sequestrations, Seisures, Decrees, Charges and Incumbrances whatsoever.

And farther also, That if any default shall happen to be made, of, or in payment of the said Moneys herein before Covenanted to be paid, or any part thereof; That then, at any time after such default made, they the said W.L. T. Lord Viscount W. F.M. T.P. E.C. and F.B. and every of them, their and every of their Heirs and Assigns, and all and every other Person and Persons, any Estate having, or lawfully claiming, of, in, to or out of the said Mannor-House, Lands and Premisses, or any part thereof, shall and will at the reasonable request and proper Costs and Charges in the Law, of the said J. P▪ his Executors, Administrators or Assigns, make and do all and every such Act and Acts, for the further, better, and more perfect assuring and conveying of all and singular the said Mannor-House, Lands and Premisses, with their, and every of their Appurtenances, unto the said J. P. his Executors Administrators and Assigns, for and during the Term hereby granted, or mentioned to be granted, be it by Fine or Fines, Sur Concessit, or Sur Conusans de Droit come ceo, &c. Deed or Deeds, Recovery or Recoveries, with single, double, or treble Voucher or Vouchers, Release or Confirmation, or by all and every, or any of the said ways and means, or by any other ways or means in the Law whatsoever. As by the said J. P. his Executors, Administrators or Assigns, or by his or their Councel Learned in the Law, shall be reasonably devised or advised, and required.

And the said T. Lord Viscount W. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth Covenant, Promise and Grant, to and with the said J. P. his Executors, Admini­strators and Assigns, by these Presents, That he the said T. Lord Vis­count W. hath not done any act or thing whereby the said Mannor-House, Lands and Premisses, or any part or parcel thereof, is, are or may be any way impeached, charged, or incumbred, in Title, Charge, Estate, or other wise. In witness, &c.

An Assignment of a Lease.

To bear Date before the Deeds of In­heritance. THis Indenture, made, &c. Between Sir H.N. of, &c. and W. S. of, &c. of the one part, and W.M. of, &c. E.S. of, &c. and M.M. of, &c. of the other part. Whereas by one Indenture bearing Date, &c. made, or mentioned to be made, between the said Sir H. N. by the name of, &c. and H. E. since deceased, of the one part, and the said W. S. of the other part. The said Sir H. N. and H. E. for and in Consideration of the Sum of, &c. of lawful Money of Eng­land, to them paid by the said W. S. did grant, bargain, sell, and demise unto the said W. S. all that the said Mannor of R. with all the Rights, Members, Perquisites, Profits, Services, Emoluments, Hereditaments and Appurtenances, thereof and thereunto belong­ing or appertaing, situate, lying and being in the said County of S. And also all those Rents and yearly Sums of Money, commonly cal­led Quit-Rents, Rents of Assize, Free Rents, Copyhold and Custo­mary Rents. And all other Rents whatsoever to the said Mannor be­longing, or in any wise appertaining. And all the Lodgings and Garden upon the Green, with the Appurtenances late in the Tenure or occupation of H. L. or his Assigns, being parcel of the Capital Messuage or Court-house, commonly called R. Gourt, and parcel of the Mannor of R. And all Courts Baron, Courts Leet, Views and Reviews of Frank-pledge, Law-days, and other Courts whatsoever, Services, Franchises, Custom, Custom-work, Forfeitures, Escheats, Reliefs, Herriots, Fines, Issues, Amerciaments, Perquisites and Pro­fits of Courts and Leets, and every of them, with all other Courts whatsoever, as aforesaid. And all Waifs, Estrays, Deodands, Goods and Chattels of Felons and Fugitives, Felons of themselves, Out­lawed Persons, Persons condemned, Clerks convicted, and of Per­sons put in Exigent, Post-Fines, upon Discent or Alienations, Com­mons, Common of Pasture, Heaths, Moors, Marshes, Wastes, Void-grounds, Mines, Quarries, Feedings, Fishings, and other Profits and Advantages arising by Fresh-waters, with all Rivers, Streams, Waters, Water-courses, Wears, Damms, Stanes, Mill-pools. And all other Rights, Royalties, Jurisdictions, Liberties, Priviledges, Im­munities, Profits, Commodities, Advantages, Emoluments, Possessions; and Hereditaments whatsoever, with their and every of their Ap­purtenances, of what Nature, Quality, or Condition soever they be, to the said Mannor of R. Lodgings and Premisses aforesaid, belong­ing, or in any wise appertaining. And all that the Ground common­ly called R. Little Park in the Parish of R. in the said County of S. containing by estimation Three hundred Forty and nine Acres, one Rood and ten Perches of Land, more or less. And all that Messuage, Dwelling-house or Lodge, with the Appurtenances, set, lying and being in, or near about the midst or middle of the said Park, with all and every of their Rights, Members, and Appurtenances. And the Reversions, Remainders, Rents, Issues and Profits, of all and singular the Premisses.

To hav [...] and to hold the said Mannor, Messuages, Lands,Habend. Te­nements, and all and singular other the Premisses unto the said W.S. his Executors, Administrators, and Assigns, from the feast-day of the Annun­ciation of the blessed Virgin Mary last past, before the date of the said In­denture, for and during, and unto the full end and Term of 500 years from thence next ensuing, fully to be compleat and ended, Under the yearly Rent of one Pepper-corn, if the same shall be lawfully demanded; And with such Covenants, Conditions, and Agreements, as in the said Indenture are contained, As in and by the said Indenture, relation being thereunto had more at large it doth and may appear.

Now this Indenture witnesseth, That the said W. S. for and in con­sideration of the Sum of &c. of lawful &c. to him in hand paid by the said M.M. at or before the sealing & delivery of this present Indenture, the receipt whereof the said W. S. doth hereby acknowledge, And there­of and of every part and parcel thereof, doth clearly and absolutely acquit and discharge the said M.M. his Executors and Administrators for ever, by these presents, And for divers other good Causes and Con­siderations, the said W. S. thereunto moving, Hath bargained, sold,The Assign­ment. assigned, and set-over, And by these Presents, with the consent, and by the appointment of the said Sir H. N. testified by his being a Party hereunto, Doth bargain, sell, Assign, and set-over unto the said A. and B. being persons nominated by and in trust for the said M. M. testified also by his being a Party to these Presents, All and singular the said Mannor, Messuages, Lands, Tenements, and Here­ditaments herein before mentioned, And all and singular other the Lands, Tenements, and Hereditaments whatsoever, in and by the said recited. Indenture demised, or thereby, or in and by these Pre­sents mentioned to be thereby demised unto the said W. S. as afore­said, And all the Estate, Right, Title, Interest, Term of years yet to come, Property, Claim, and Demand whatsoever in Law and Equity of him the said W. S. of in and to the Premisses, and every part and parcel thereof, Saving and except out of these Presents, All those Lands, and Grounds, part of the said Park, which were sold by the said Sir H. N. severally unto the Right Honorabl P. Lord Vis­count L. and J. B. contain [...]ng by estimation Forty Acres in the whole; And also saving and except the House or Room, part of the Man­nor-house of R. aforesaid, now in the possession of W.B. which was sold by the said Sir H. N. unto C. L. And also saving and except the Ferry and Lands in C. which was sold by the said Sir H. N. unto J. A. Esquire. To have and to hold the said Mannor,Habend. Mes­suages, Lands, Tenements, Hereditaments, and all and singular o­ther the Premisses with their and every of their Appurtenances, except before excepted, unto the said A. and B. their, Executors, Admi­nistrators and Assigns, for and during all the rest and residue of the said term of five hundred years yet to come, and unexpired.

Vpon special trust and confidence nevertheless for the said M. M. That the said Term and Estate hereby granted and Assigned,In trust. or men­tioned to be granted and Assigned, shall attend and wait upon the Freehold and Inheritance of the Premisses, from time to time after that the same shall be vested in the said M. M. And that the said A. and B. their Executors, Administrators, and Assigns, shall permit the said Term and Estate, and the benefit and profit thereof, to be [Page 286] from time to time enjoyed accordingly, The Inheritance of the Premisses being intended, and agreed to be conveyed to the said M. M. and Heirs, and the said Lease, Term, and Estate to be preserved and kept on foot only to prevent extinguishing the same, and to keep off Mesne Incumbrances if any be.

And the said W. S. for himself, his Heirs, Executors, Administra­tors and Assigns, and for every of them, doth Covenant, Promise, and Graunt to and with the said A. and B. their Executors, Admi­nistrators and Assigns, by these presents, That he the said W. S. hath not made any former or other Graunt, Bargain, Sale, or Assignement of the said Mannor Lands and Premisses, or any part thereof, except before excepted, Nor done, or Wittingly and Willingly suffered to be done, any Act or Thing whatsoever, whereby or wherewith the same promises, or any part or parcel thereof, except before excepted, is, are, or may be any way impeached, charged, or incumbred in Title, Charge, Estate or otherwise.

Saving and except one Lease by Indenture bearing date &c. made or mentioned to be made by the said W. S. and Sir H. N. unto W. L. of &c. of all that part or parcel of the Mansion, or Mannor-house, with the Appurtenances situate, lying, and being in R. aforesaid, then or late in the several Occupations of the said Sir H. N. E. G.S.B. and N. M. and other Lands and Hereditaments in the said Indenture mentioned, To hold for the term of one and twenty years, under the yearly Rent of thirty pounds, payable at such days as in the said In­denture of Lease is mentioned; Which said yearly rent of thirty pounds shall for and notwithstanding any act or thing, by him the said W. S. done, or willingly and wittingly suffered, to the contrary, continue and become due and payable to the said M. M. and E. S. their Executors and Assigns, during the continuance of the said lease.

And the said W. S. for himself, his Heirs, Executors, Administra­tors, and Assigns, and for every of them, doth further Covenant, Promise and Graunt, to and with the said A. and B. their Executors, Administrators, and Assigns, by these presents, That he the said W. S. his Executors and Administrators, shall and will from time to time, and at all times, within the space of seven years next ensuing the date of this Present Indenture, At and upon the reasonable request and proper Costs and Charges in the Law of the said A. and B. their Exe­cutors, Administrators, or Assigns, or any of them, make and do all and every such further and other reasonable Act and Acts, Thing and Things, Assurances and Conveyances in the Law whatsoever, for the further assuring and confirming of the said Mannor, Lands, and Premisses, and every part and parcel thereof, with the Appurtenan­ces, except before excepted, unto the said A. and B. their Execu­tors, Administrators, and Assigns, for and during all the rest and residue of the said Term of five hundred years then to come and un­expired, As by the said A. and B. their Executors, or Administrators, or their or any of their Counsel learned in the Law, shall be reasonably devised, or advised & required, So as the said further Assurances, so to be made, or any of them, do not, nor shall contain any further or o­ther Warranty or Covenants for enjoying them as in these Presents is contained, and so as the person or persons that shall be required to [Page 287] make, or execute such further Assurances, or any of them, be not, nor shall be compelled or compellable to travel, for the doing there­of, from the place of his or their Habitation or Abode, at the time of such request to be made as aforesaid.

And the said Sir H. N. for himself his Heirs, Executors, Admini­strators, and Assigns and for every of them doth Covenant, Promise, and Graunt, to and with the said A. and B. their Executors, Admi­nistrators, and Assigns, by these presents,Covenant law­fully possessed. That for and notwith­standing any Act or thing by the said W. S. or by the said Sir H. N. and Sir G. N. or any, or either of them done, or willingly and wittingly suffered to the contrary, except the said Lease to the said W. L. He the said W. S. is lawfully possessed of all and singular the said Mannor, Lordship, Messuages, Lands, Tenements, He­reditaments, and Premisses hereby demised, or mentioned to be de­mised, with their and every of their Appurtenances for and during all the rest and residue of the said Term of five hundred years, yet to come and unexpired, And hath good Right, full Power, and lawful Authority to graunt, Bargain, Sell, Assign, and set-over the same Premisses and every part and parcel thereof, with the Appurtenances unto the said A. and B. their Executors, Administrators, and Assigns, for and during all the rest and residue of the said Term of five hundred years, and in manner and form aforesaid. In witness &c.

A Deed of Conveyance of an House, &c.

THis Indenture made &c. Between R. G. of &c. be of the one part, And Sir T. J. of &c. of the other part, Witnesseth, This is to be Executed by Livery. There must be a short Bar­gain and Sale to be acknow­ledged by R.G. and Inrolled. That the said R. G. for and in consideration of the Sum of one Thou­sand pounds of lawful Money of England to him in hand paid by the said Sir T. J. at or before the sealing and delivery of this present In­denture, the receipt whereof the said R. G. doth hereby acknowledg, And thereof and of every part and parcel thereof, doth clearly and absolutely acquit, exonerate, and discharge the said Sir T. J. his Ex­ecutors, and Administrators for ever by these Presents, Hath graun­ted, bargained, sold, aliened, enfeoffed, and confirmed, And by these Presents, for him and his Heirs, doth clearly and absolutely grant, bargain, sell, alien, enfeoff, and confirm unto the said A. B. his Heirs and Assigns All that Messuage and Tenement, with the Appurtenances, situate and being in the Parish of &c. now or late in the Tenure or Occupation of the said R. G. And all Houses, Edifices, Buildings, Dovehouses, Barns, Stables, Outhouses, Courts, Yards, Curtilages, Gardens, Orchards, Lands, Meadows, Pastures, Feed­ings, Grounds, and Hereditaments whatsoever, to the said Messua­ges belonging or appertaining, or therewith usually occupied or en­joyed, And the Reversion and Reversions, Remainder and Remain­ders of all and singular the Premisses, and of every part and parcel thereof, And all Rents, Services, and Profits thereunto incident [Page 288] and belonging, And also all the Estate and Estates Right, Title, Inte­rest, claim and Demand whatsoever, of him the said R. G. of, in and to the said Premisses, and every part and parcel thereof, And all and every the Deeds, Writings, Evidences, Counterparts of Leases, Fines, Chyrographes of Fines, Exemplifications of Fines, and of Common Recoveries, and of other Records, Escripts, and Minu­ [...]ents whatsoever, touching or in any wise concerning the said Mes­suage, Lands, Tenements, Hereditaments, and Premisses what­soe [...]er hereby granted, or mentioned to be granted, or any of them, or any p [...]rt or parcel thereof, which do not concern any other the Lands, Tenements, or Hereditaments of the said R. G.

All which, or so many of them as the said R. G. hath in his Pos­session or Custody, or which any other person or persons have or hath in his, her, or their Hands, Custody, or Possession, by the delight of the said R. G. for him, or for his use, or which the said R. G. can or may lawfully have, obtain, get, or come by without Suit in Law; Together also with true Copies of all such other Deeds, Evidences and Writings as do touch or concern the Premisses hereby granted, or mentioned to be granted, or any of them, or any part thereof joint­ly wit [...] any other Lands, Tenements, or Hereditaments of the said R. G. (The said Copies to be made and written at the only and proper Costs and Charges of the said A. B. his Heirs or Assigns) the said R. G. doth for himself, his Heirs, Executors, and Administrators, co­venant, promise, grant, and agree, to and with the said A. B. his Heirs and Assigns by these Presents, That he the said R. G. his Heirs or Assigns, shall and will deliver, or cause to be delivered unto the said A. B. his Heirs or Assigns, upon reasonable request in that behalf to be made, on or before the [...] day of &c. now next coming after the Date hereof, safe, whole, undefaced, and uncancelled, and in their full force, and in as good case and plight as the same now are at the time of the sealing and delivery of this present Indenture;

To have and to hold the said Messuages, Lands, Tenements, He­reditaments, and all and singular other the Premisses hereby granted, or mentioned to be granted, with their and every of their Appurte­nances, unto the said A. B. his Heirs and Assigns for ever, To the only proper use and behoof of the said A. B. his Heirs and Assigns for ever absolutely without any manner of Condition, Redemption or Revocation in any wise.

And the said R. G. doth grant for him and his Heirs, That they will warrant, and for ever defend the said Messuage, Lands and Pre­misses,The deeds not being produ­ced to clear the Title let the Warranty be against all persons. with their and every of their Appurtenances unto the said A. B. his Heirs and Assigns, against him the said R. G. his Heirs and As­signs, and every of them, and against all and every other person and persons whatsoever.

And the said R. G. for himself his Heirs, Executors, Administra­tors, and Assigns, and for every of them, doth covenant, promise, and grant to and with the said A. B. his Heirs and Assigns, by these presents in manner and form following; That is to say, That he the said R. G. at and immediately before the sealing and delivery of this present Indenture, is the sole, true and lawful Owner and Proprie­tor of the said Messuage, Lands, and Premisses and of every part and parcel thereof, with the Appurtenances, And is solely, lawfully, [Page 289] rightfully, and absolutely seized thereof, and of every part and par­cel thereof, of a good, pure, absolute, and indefeisible Estate of Inheritance in Fee-simple, without any manner of Condition, Con­tingent, Proviso or Limitation of use or uses, or other restraint, matter, or thing, to determine, alter, or change the same, And shall continue so seised thereof, and of every part and parcel thereof, untill a good, perfect, and absolute Estate in fee-simple shall be there­of vested in the said A. B. and his Heirs, according to the intent and true meaning of these Presents.

And that the said R. G. now hath good Right, lawful and abso­lute Power and Authority in himself, to bargain, sell, grant, alien, and convey all and singular the said Messuage, Lands and Premisses, and every part and parcel thereof with the Appurtenances unto the said A. B. his Heirs and Assigns, in manner and form aforesaid, And that the said A. B. his Heirs and Assigns, shall, or lawfully may, from time to time, and at all times hereafter for ever, freely, quiet­ly, and peaceably have, hold, and enjoy all and singular the said Messuage, Lands, and Premisses, and receive and take all the Rents, Issues and Profits thereof, without any manner of Let, Suit, Trou­ble, Vexation, Eviction, Disturbance, or other Hindrance or Mole­station whatsoever, of the said R. G. his heirs or Assigns, or of any other person or persons whatsoever, except as is herein after excep­ted.

And also that the said Messuages, Lands, and Premisses, and every part and parcel thereof, with their, and every of their Appur­tenances, now are and from hence forth for ever hereafter, shall re­main, continue, and be unto the said A. B. his Heirs and Assigns, clear and free, and freely, clearly, and absolutely acquitted, freed, exonerated, and discharged, of and from all, and all manner of former and other Bargains, Sales, Gifts, Grants, Feoffments, Devises, Uses, Jointures, Dowers, Entails, Estates, Leases, Rights, Titles, Arrears or Rents or Assessments, Charges, Trou­bles, Forfeitures, and Incumbrances whatsoever, had, made com­mitted, done, knowledged, or suffered by the said R. G. or by the said W. Lord G. or either of them, or by any other person or persons whatsoever (the Rent and Tenures from henceforth to become and payable to his chief Lord or Lords of his Fee, for and in respect of his or their Seigniory only excepted.)

And the said R. G. for himself, his Heirs, Executors, Admini­strators, and Assigns, and for every of them, doth further covenant, Promise & Graunt, to and w [...]th the said A. B. his Heirs and Assigns, and every of them, by these presents, That he the said R. G. his Heirs and Assigns, and all and every other person and persons whatsoever, having, or lawfully claiming, or which shall or may at any time or times hereafter have, or lawfully claim any Estate, Right, Title, or Interest, of, in or to the Premisses hereby granted, or mentio­ned to be granted, or of, in, or to any part or parcel thereof, shall and will from time to time, and at all times hereafter, within the space of seven years next ensuing the Date of this present Indenture; At and upon the reasonable Request and proper Costs and Charges in the Law of the said A. B. his heirs and assigns, or some of them, do make, levy, execute, acknowledg, and suffer, and cause to be done, [Page 290] made, levied, executed, acknowledged, and suffered, All and every such farther and reasonable Act and Acts, Thing and Things, Assurances and Conveyances in the Law whatsoever, for the further, better, and more perfect assuring, surety, sure-making, conveying setling, establishing, or confirming of the said Messuages, Lands, Tenements Hereditaments, and all and singular other the Premisses hereby granted, or mentioned to be granted, or or any of them, and of every or any part or parcel thereof, with all and singular their and every of their Appurtenances, unto the said A. B. his Heirs and Assigns, Be it by Fine or Fines, Feoffment or Feoffments, Deed or Deeds, Indented or Pole, Enrolled, or not Enrolled, Common Re­covery or Recoveries, with single, double, or treble Voucher or Vouchers, Release or Confirmation, or by all and every, or any of the said ways or means, or by any other ways and means in the Law whatsoever, as by the said A. B. his Heirs or assigns, or by his or their Counsel Learned in the Law, shall be reasonably devised, advised, or required, So as the said further Assurances to be made, or any of them, do not, nor shall contain any farther or other Warranty or Covenants for enjoying, then only against the Parties thereunto res­pectively, and their respective Heirs, and touching and concerning Acts and Deeds done or suffered by them, or any of them, And so as for the making, knowledging, and executing of such further Con­veyances and Assurances, or any of them, the persons that shall be required to make or execute the same, be not compelled nor compel­lable to travel for the doing thereof above the space of twenty Miles from the place of his, her, or their Habitation or Abode, at the time of such Requests to be made as aforesaid.

And it is hereby covenanted, granted, concluded, and agreed by and between the said Parties to these Presents, for them and their Heirs, And they do hereby declare, that all and every Fine and Fines, and other Assurances whatsoever, to be had and levied by and between the said Parties to these Presents, or either of them, or whereunto they, or either of them, shall be Party or Parties, shall be and enure, and shall be construed, expounded, adjudged, deemed, and taken to be and enure.

And that all and every person and persons whatsoever, that are now seized, or hereafter shall be seized of the said Messuage, Lands, and Premisses or of any part or parcel thereof, shall Stand and be sei­zed thereof, and of every part and parcel thereof, To the only pro­per use and behoof of the said A.B. his Heirs and Assigns for ever, and to none other use, intent, or purpose. In witness &c.

A Bargain and Sale of a Reversion to her that hath the Estate for Life.

This Indenture made &c. Between W. P. of &c. and M. his Wife, of the one part, And C. A. of &c. of the other part, Witnesseth, That the said W. P. and M. his Wife, for and in consideration of the Summ of Twenty pounds of lawful Money of England to them in hand paid by the said E. A. at or before the sealing and delivery thereof, the receipt whereof they do hereby acknowledg, And thereof and of every part thereof, do acquit, and discharge the said E. A. her Executors and Administrators, for ever, by these presents. Have given, granted, bargained, sold, released, and confirmed, And by these Presents do clearly and absolutely give, grant, bargain, sell, release, and confirm unto the said, E.A. her Heirs and Assigns for ever, All that Messuage or Tenement, with the Appurtenances, situate, lying, and being &c. with the Garden, Orchard, and Lands, thereunto belonging, commonly called or known by the name of &c. or by whatsoever other name or names the same be called or known (All which premisses were lately the Lands and Inheritances of W. A. deceased, Husband of the said E. and Brother to the said M. And were by him given and devised by his last Will and Testament in writing, unto the said C. during her natural life, and after her decease to the said M. P. and her Heirs, for ever) And also all other the Lands, Tene­ments, and Hereditaments whatsoever of them the said W. P. and M. his Wife, or of either of them, or whereof or wherein they or either of them have any Estate in Possession, Reversion or Remainder, situate, lying or being &c. And all Ways, Easments, Commons, Profits, Com­modities, Emoluments, Advantages, Hereditaments and Appur­tenances whatsoever, to the said Messuage or Tenement, Lands and Premisses, or any of them belonging or in any wise appurtain­ing.

And the said W. P. and M. do farther, by these Presents, for the consideration aforesaid Grant, Bargain, Sell, Release and Confirm unto the said E. A. her Heirs and Assigns, the Reversion and Reversions, Remainder and Remainders, of all and singular the said Messuages, Lands, Premisses, And all Rents and Profits reserved or payable, by or upon any Demise, Lease or Grant thereof heretofore made, And all the Estate, Right, Title, Interest, Property, Benefit, Claim, and Demand whatsoever of them the said W. P. and M. or either of them, of, in, or to the said Messuage, Lands, Premisses, or any part thereof, And all Deeds, Charters, Writings, Evidences, Escripts and Muniments, touching or concerning the said premisses or any part thereof.

To have and to hold the said Messuage or Tenement, Lands,Habend. and all & singular other the Premisses whatsoever hereby granted, or men­tioned to be granted, with the Appurtenances unto the said E. A. her Heirs and Assigns for ever, To the only use and behoof of the said E. A. her Heirs and Assigns for ever.

Covenant to levy a fine. And the said W. P. for himself, his Heirs, Executors, and Admini­strators, doth Covenant and Grant, to and with the said E. A. her Heirs and Assigns by these Presents, That the said W. P. and M. his Wife, shall and will before the end of Easter Term next ensuing the date thereof, levy and acknowledge unto the said E. A. and her Heirs, One Fine Sur Conusans de Droit come ceo que il ad de lour Done &c. of all and singular the Premisses hereby granted, or menti­oned to be granted, by such names as shall be apt and convenient in that behalf, in all things according to the usual course of such Fines, and the Laws and Statutes of this Land, which Fine shall enure and be to the only use and behoof of the said E. A. her Heirs and Assigns for e­ver, And to none other use, intent, or purpose.

And the said W.P doth further, for himself his Heirs, Executors, and Administrators, Covenant, Promise, and Grant to and with the said E. A. her Heirs and Assigns by these presents, in manner and form following, That is to say, That they these W. P. and M. any or one of them, at the time of the sealing and delivering of this present Indenture is or are lawfully seized of and in all and singu­lar the Premisses hereby granted or mentioned to be granted, of a good, pure, absolute, and indefeisible Estate of Inheritance in Fee-simple in Reversion expectant immediately upon the determination of the said Estate for life of the said E. A. and shall continue so seized thereof, untill a good Estate in Fee-simple shall be thereof vested in the said E. A. and her Heirs, according to the intent and true meaning of these presents.

And that they the said W. and M. have good right and full power to bargain, sell, and convey the Premisses, and every part thereof, to the said E. A. and her Heirs in manner and form aforesaid, And that she the said E. A. and her Heirs shall or lawfully may from time to time, and at all times for ever hereafter, freely, quietly, and peaceably have, hold, occupy, possess and enjoy all and singular the said Messuage, Lands, and Premisses hereby granted, or mentioned to be granted, without any claim, lett, trouble, or interruption of the said W. P. and M. or either of them, or of the Heirs of the said M. or of any person or persons claiming by, from, or under the said W. & M. or either of them; And free and clear from all former and other Bargains, Sales, Guifts, Grants, Estates, Charges, Troubles, and Incumbrances whatsoever, had, made, or done by the said W. and M. or either of them.

Covenant for further assu­rance. And farther also, That they the said W. P. and M. his Wife and the Heirs of the said M. and all and every other person and persons whatsoever, having, or lawfully claiming any Estate, Right, Title, or interest of, in, or to the Premisses, or any part thereof, by, from, or under them, or any of them, shall and will from time to time, and at all times, within the space of Seven years next ensuing the Date hereof, at and upon the reasonable request and proper Costs and Charges in the Law of the said E. A. her Heirs and Assigns, do, make, levy, execute, acknowledge, and further, All and every such far­ther, and other reasonable Act and Acts, Thing and Things, for the farther or better assuring the said Messuage, Lands, and Premises unto the said E. A. her Heirs and Assigns, As by the said E. A. her Heirs or Assigns, or her or their Counsel learned in the Law shall be rea­sonably devised, advised, or required, In witness whereof, &c.

A Release of several Manners and Lands for ever.

This Indenture &c. Between the Right Honourable F. Earl o [...] S. of the one part, And Sir G. B. of B. &c. of the other part, Witnesseth, That the said Earl of S. for divers good Causes and Con­siderations him thereunto moving, hath Remised, Released, and for ever quit Claimed, And by these Presents for himself and his Heirs, doth fully, clearly, and absolutely remise, release, and for ever quit Claim unto the said Sir G. B. all that the Lordship or Mannors of &c. in the County of S. with its Rights, Members, and Appurte­nances, All those Lordships or Mannors or Mannor of the B. &c. with their Rights, Members, and Appurtenances; And all those two M [...]ssuages and Tenements lying and being &c. with all Gardens, Back­sides, and Appurtenances thereunto belonging, And also all manner of Tenths and Tithes of Corn, Grain, and Pulse, and other Tithes, hereby arising, growing Renewing, or Happening within the Towns, Fields, Hamlets, and Parishes of K. and C. M. aforesaid, and in every of them, And also the Advowsons, Patronages, Vicaridges, Dona­tions, Free-dispositions and Rights of Patronge of the Parish Churches of K. and C. M. aforesaid, and also all and singular Parks, Messuages, Houses, Mi [...]ls, Barns, Buildings, Stables, Dove-houses, Yards, Fowld-yards, Orchards, Woods, Grounds, Lands, Tenements, Mea­dows, Pastures, Feed [...]ngs, Commons, Profits, Wasts, Furrs, Heaths, Mines, Quarries, Woods, Underwoods, Waters, Streams, Ponds, Pools, Fishings, Courts Leets, Views of Frank-pledges, Courts Baron, Perquisites, and profits of Courts, Reversions, Services, Franchises, Royalties, Priviledges, Jurisdictions, Profits, Commo­dities, Emoluments and Hereditaments whatsoever, with their and every of their Rights, Members, and Appurtenancas to the said Lordships, Mannors, Lands, Tenements, and Hereditaments, or any of them in any wise appertaining, or to or with the same, or any part thereof, now, or at any time heretofore used, held, Occupied or enjoyed, or accepted, reputed, known, or taken as part, parcel and member of the same, And also the Reversion and Reversions, Remainder and Remainders of the same Premisses, and every part thereof, And all Rents, Duties and Services, reserved upon any Lease, Demise or Grant thereof, or of any part thereof, made or granted; And all and every of the Estate, Right, Title, Interest, Claim, and Demand whatsoever, of him the said F. Earl of G. of, in and to the said several Lordships, Mannors, Lands, Tenements, Hereditaments and Premisses.

To have and to hold all the said Mannors, Lands, Tenements, He­reditaments and Premisses, with their Appurtenances, unto the said Sir G. B. his Heirs and Assigns, to the only use and behoof, of the said S. R. his Heirs and Assigns for ever, So that neither he the said F. Earl of S. nor his Heirs, nor any other person or persons for him or them, or in his or their Names, or in the name, right, stead of any [Page 294] of them, shall or will, by any way or means, hereafter have Claim, Challenge, or demand any Estate, Right, Title, or Interest of, in, or to the Premisses, or any part or parcel thereof. In wit­ness whereof, &c.

A Lease of a Prebend and Tythes.

THis Indenture made &c. Between O: B. of &c. and Dame D. his Wife, heretofore the Wife of G.C. late of &c. of the one part, And J. T. Maior of the Burrough of Stafford, and the Burgesses of the same Burrough of the other part, Whereas Queen Elizabeth, late Queen of England, of famous memory, by her Letters Patents the Fourteenth Day of December, in the Fourteenth year of her Reign, did of her free Grace grant unto the then Burgesses of the Town of S. that the Church of the Town of S. for ever, should be and re­main a Parish Church, by the Name of the Parish Church of the bles­sed Mary of the Town of S. and a Rector thereof for ever to continue, And for the better living and salary of the Rector and Curate thereof, and for the perpetual payment of a Sum of Money to a Schoolmaster of a Grammar School within the said Town, and to a Curate or Mini­ster of the Church of Marston, did give and grant unto the then Bur­gesses of the Town aforesaid, and to their Successors, all the then late Colledge, then late called the Colledge of S. and all and singular her Prebends of C. M. and S. with their Rights, Members, and Appurte­nances whatsoever in the said County of S. and all and all manner of Messuages, Houses, Edifices, Lands, Glebes, and all and singular Tythes of Corn, and other Tythes whatsoever, And also Oblations, Obventions, Fruits, Profits, Lands, Tenements, Meadows, Feedings, Pastures, Commons, Rents, Reversions, and other Hereditaments whatsoever, with their Appurtenances whatsoever in S. C. M. S. R. or elsewhere within the said County of S. to the said late Colledge and Prebend aforesaid, or to either of them, or any parcel thereof, any way appertaining or belonging, or accepted, reputed, or taken to be any part,Habend. parcel, or member thereof, To have, hold, and enjoy all the aforesaid late Colledge, and all the aforesaid Prebend, Tythes, Ob­lations, Obventions, Fruits, Profits, Lands, Tenements, Rents, Re­versions, Services, and all other the Premisses, with their Appurte­nances whatsoever, to the intent, use, and purpose that they and their Successors yearly for ever, should well and faithfully content to the a­foresaid Rector of the Church aforesaid, and to his Successors for the time being xvj l. by the year for his Stipend and Sallary, and to the Curate or Under-Minister in the Church aforesaid, to serve and admi­nister yearly viij l. and yearly to the Curate or Under-Minister of M. and his Successors for ever vi [...]j l. and to one Schoolmaster in the Town of S. aforesaid yearly iiij l. v s. and further to distribute and pay over the other Profits and yearly Rents and Reversions of all and singular the Premisses, coming and remaining over and above the aforesaid several [Page 295] Sums of Money, upon the repair of the Church and Chancel of S. a­foresaid, and other good and charitable Works within the Town of S. aforesaid, according to the discretion of the said then Burgesses and their Successors for ever, to be executed and fulfilled, as by the said Letters Patents, whereunto relation being had, more fully appeareth.

And whereas the said Maior and Burgesses of S. by their Deed under their Common Seal duly executed, bearing Date &c. day of &c. in the said 14th year of the Reign of the said late Q. E. did convey unto W.C. and his Heirs, the said Prebend and Tythes of M. reserving only viij l. per annum, for the use of the Curate or Minister at M. aforesaid.

And the said W. C. afterward for valuable Considerations did convey the same to M. C. who after conveyed the same to G.C. his younger son, from whom the same descended to M. C. and from him the same de­scended to G.C. Esq; late Husband of the said D. B. who upon his inter­marriage with the said Dame D. and in consideration of 3000l. Portion, did settle the said Prebend and Tythes amongst other things, for Jointure of the said D. And whereas by the death of the said G.C. the said Prebend, Rectory and Tythes did by virtue of the said Conveyance for Jointure, come unto the said D. for her life, and the Inheritance thereof descended unto D. E. and M.C. Infants, Daughters and Heirs of the said G. C. and the Prebend and Tythes have been by the said Dame D. and in her right ever since occupied accordingly.

And whereas at the instance of the Maior and Burgesses of S. upon a Commission for Charitable uses in the said County of S. an Inquisi­tion in April last was taken, whereby the said Letters Patents made by the said Q. E. were found, and that the said A.B. and Dame D. have mis­employed the said Prebend and Tythes of M. and that the same have been misemployed ever since the said Grant, and the said Commissioners by their Order and Decree of the said Date, have ordered and decreed that the said Maior and Burgesses, and their Successors, do hold and enjoy the said Prebend and Tythes, for the uses in the said Letters Patents mentioned.

And whereas the said Maior and Burgesses, having made application to the said A.B. and Dame D. concerning the said Premisses, the said A. B. hath given clear satisfaction to the Counsel of the said Maior and Bur­gesses, and also to the said Maior, who was in person at London attend­ing the said business, that the said Premisses being purchased for valua­ble Consideration, and also settled upon the said D. for a great Portion paid, cannot be imprison'd or question'd by any Commissioners for Cha­ritable uses, and that the said pretended Claim was never heard of, or made known to the said A. B. or Dame D. until March last, that they had notice to appear before the Commissioners of Charitable uses, and that the Inheritance is vested in the said Infants, the Premisses having been enjoyed by their great great Grandfather, and by his Posterity ever since without Interruption.

And therefore the said A.B. & Dame D. have put in Exceptions to the said Decrees, with intent to reverse the same; yet nevertheless for that there appeareth in the said Letters Patents, that there was an intent the Premisses should be applied to Charitable uses, and it appears that the maintenance of the said Rector & Minister of M. is very small, they the said A.B. & Dame D. considering the general Intent of the said Let­ters Patents, was for Charitable uses, & under the Rent herein reserved, [Page 296] Have set, and to farm letten, and by these Presents do set and to farm let unto the Maior and the Burgesses of the said Burrough, and to their Successors, the said Prebend and Tythes of M. aforesaid, with their and every of their Rights, Members, and Appurtenances whatsoever, To have and to hold unto the said Maior and Burgesses, and their Succes­sors, and their Assigns, from the Feast-day of &c, for and during, and unto the full end and term of xlj. years thence ensuing, and fully to be compleat and ended, if the said Dame D. shall so long live, Yielding and paying therefore yearly and every year, during the said term, unto the said O.B. and Dame D. 18 l. whereof 8 l. to be paid yearly, over and above all Taxes and Deductions whatsoever, to the Minister or Cu­rate of M. aforesaid, And that it shall be lawful for the said Maior and Burgesses, and their Successors, from time to time to defalk, and that the yearly Rent of 18 l. to be paid at &c. Upon Trust and Confi­dence that they the said Maior and Burgesses shall employ the rest and residue of the Rents and Profits of the Premisses yearly due to the use before expressed.

And if it shall happen the said yearly Rents and Payments, or any part thereof, to be behind and unpaid in part or in all, by the space of 14 days next after any of the said Feasts on which the same ought to be paid, being lawfully demanded, That then and from thenceforth it shall and may be lawful to and for the said Sir O. B. and Dame D. or either of them, their or either of their Heirs or Assigns, into the said Premisses, with the Appurtenances, or into any part thereof in the name of the whole to reenter, and the same to have again, repossess, and enjoy, as in his or their former Estate, this present Indenture, or any thing herein contained to the contrary thereof in any wise notwithstanding.

And the said O.B. for himself, his Executors, Administrators, and As­signs, and every of them, doth covenant, promise and grant, to and with the said Maior and Burgesses, and their Successors, by these Presents, That they the said Maior and Burgesses, and their Successors, yielding and paying all and every the Rents and Payments aforesaid, shall and may, during all the term hereby granted, peaceably and quietly injoy all and every the Premisses hereby granted, without any the lawful let, suit, trouble, or eviction of them the said O. B. and Dame D. or either of them, or of any other person or persons whomsoever, having or claiming any Estate, Right or Title, by, from, or under them, or ei­ther of them, Saving and except such Lease as the said A.B. and Dame D. hath made of the Premisses, under the yearly Rent [...] of [...] if any such Lease thereof be now in being. In witness whereof to one part of these Presents remaining with the said Maior and Burgesses, the said O. B. and Dame D. have set their Hands and Seals, and to the other part thereof remaining with the said O. B. and Dame D. the said Maior and Burgesses have put their Common Seal the Day and Year first above written.

A Grant of a Rent-charge, or an Annuity out of several Lands.

THis Indenture Tripartite, made, &c. Between J. B. of, &c. J.P. of, &c. J.D. and T.B. of, &c. of the first part, R. E. of, &c. R. E. the younger Son and Heir apparent of the said R. E. of the second part, and the Honourable R.V. of, &c. of the third part. Whereas the said J.D. and T.B. are, and stand possessed and estated in the Mannors of A. and other the Lands,Recital. Tenements and Here­ditaments herein after mentioned, for the remainder of a Term of Threescore years to them Granted, Assigned and Conveyed, by R.A. of, &c. and T.P. of, &c. by and with the privity and consent of the said R.E. the Elder, and R.E. the younger, as by an Indenture Tripartite, bearing Date the, &c. day of, &c. now last past before the Date hereof, made between the said R. A. and T. B. of the first part, the said R. E. the Elder, and R. E. the younger, of the second part, and the said J. D. and T. B. of the third part, relation being thereunto had more plainly appeareth.

And whereas the said J. B. and J. P. are, and stand seised of the said Mannor and other the said Lands, Tenements, and Heredita­ments herein after-mentioned, and the Reversion and Inheritance thereof, of an Estate in Fee-simple, to them and their Heirs, by force and virtue of an Indenture of Bargain and Sale thereof to them made and executed, enrolled in the High Courts of Chancery, and bearing Date the, &c. day of, &c. now last past before the Date hereof, and made between the said R. E. the Elder, R. E. the younger, and T.E. one of the Brethren of the said R. E. the Elder, of the one part, and the said J. B. and J. P. of the other part, and by force and virtue of a Fine and Common Recovery, had, levied, and suffered according to the intent and true meaning of the said Indenture of Bargain and Sale, and of the Agreement therein men­tioned and expressed.

Now this Indenture witnesseth, That the said J. B. J. P. J. D. and T.B. according to their several Estates and Interests, for and in consideration of the Sum of Two Thousand and one hundred Pounds of lawful Mony of England, to them in hand paid by the said R. V. at and before the Ensealing and Delivery of these Presents, the receipt whereof the said J.B. J.P. J. D. and T. B. do hereby acknowledge, and thereof, and of every part thereof, do acquit, exonerate, and discharge the said R. V. his Executors, and Ad­ministrators, for ever, by these Presents, Have, by and with the said Privity, consent, and special directions of the said R. E. the Elder, and R. E. the younger, testified by their being Parties to these Presents. Given, granted and confirmed, and by these Presents, for themselves, their Heirs, Executors, Administrators, and Assigns, respectively, and according to their several and respective Estates. That is to say, the said J. B. and J. P. for themselves, their Heirs [Page 298] and Assigns, and the said J. D. and T. B. for themselves, their Execu­tors, Administrators and Assigns, Do give, grant and confirm unto the said R. V. one Annuity or yearly Rent-charge of Three hundred Pounds of lawful Money of England, to be yearly issuing and going out of All that the Mannor and Lordship of A. with all and singular the Rights, Members, and Appurtenances thereof, in the said County of Y.

And out of all that the Capital Messuage called, &c. with the Appurtenances, in the said County of Y. And all Houses, Edifices, Buildings, Dove-houses, Barns, Stables, Courts, Yards, Curtilages, Gardens, Orchards, and Appurtenances whatsoever, to the said Capi­tal Messuage belonging, or therewith enjoyed. And out of all and every the Lands, Meadows, Pastures, Feedings, grounds and Here­ditaments whatsoever, to the said Capital Messuage belonging or ap­pertaining, or therewith usually occupied or enjoyed, as Demesns or Demesn Lands thereunto belonging, or accepted, reputed, deemed, or taken to be part, parcel, or member thereof, or to belong there­unto, and heretofore in the tenure or occupation of Sir R.E. Father of the said R. E. the Elder, and now, or late in the joynt, several, or o­ther Tenures or occupation of the said R.E. the Elder, or Sir W.B. or their, or some or one of their Assigns or Under-Tenants. And out of all and every the Messuages, Houses, Edifices, Buildings, Tofts, Cot­tages, Lands, Tenements, Meadows, Pastures, Feedings, Woods, Under-woods, and Hereditaments whatsoever, late of them the said R. E. the Elder, R.E. the younger, and T.E. or of any of them, or whereof, or wherein they, or any of them, ever had any manner of Estate in Pos­session, Reversion, Remainder, or otherwise, or whereof they, or any of them, are, or ever were reputed to be Owner or Owners, scituate, ly­ing, and being within the said Mannor or Lordship of A. or within the Towns, Fields, Parishes, Hamlets, Precincts or Territories of A. aforesaid, or elsewhere in the said County of Y.

And also, out of all and singular other the Mannors, Messuages, Houses, Edifices, Mills, Lands, Tenements, and Hereditaments what­soever, with all and singular their and every of their Appurtenances, which were lately conveyed and assured, or meant, mentioned, or in­tended to be conveyed or assured unto the said J. B. and J. P. by the said R.E. the Elder, R.E. the younger, and T.E. or unto the said J.D. and T.B. by the said R.A. and T. B. by the said several Conveyances before-mentioned, or by any other Conveyance or Assurance what­soever.Habend. To have, hold, perceive, and yearly to receive, take and en­joy the said Annuity or yearly Rent-charge of Three hundred Pounds to the said R.V. and his Assigns, for and during the term of his Na­tural life, payable yearly at two usual Feasts or Terms in the year. That is to say, the Feast of, &c. by even and equal portions, the first payment thereof to begin and be made at the Feast of, &c. next en­suing the Date hereof. And all the payments thereof, to be made, at, or in, &c.

And the said J. B. and J.P.J.D. and T. B. for themselves, their Heirs, Executors and Assigns, respectively, according to their several Estates in the said Mannors, Messuages, Lands, Tenements, Hereditaments, and Premisses, do grant unto the said R.V. and his Assigns, that if it shall happen the said Annuity or yearly Rent-charge of Three hundred [Page 299] Pounds per Annum, or any part thereof to be behind or unpaid by the space of Twenty days, next after any of the said Days in which the same ought to be paid, as aforesaid. That then, and so often the said J.B. and J. P. J. D. and T. B. their Heirs, Executors, and Assigns, shall forfeit and lose unto the said R.V. and his Assigns,To forfeit 20 l. for every 20 days the Rent is unpaid. the Sum of Twenty pounds of lawful Mony of England, Nomine poenae toties quoties, for every Twenty days that the said yearly Rent, or any part thereof shall be behind or unpaid, after any of the said Days wherein it is hereby appointed to be paid, as aforesaid.

And the said J.B. and J.P. J.D. and T. B. do farther, for them­selves, their Heirs, Executors and Assigns, respectively,Liberty to enter and di­strain. and according to their respective Estates, as aforesaid, grant and agree to and with the said R.V. and his Assigns, that whensoever, and as often as the said yearly Rent of Three hundred Pounds, or any part thereof, or any Sum or Sums of Twenty Pounds, Nomine poenae, or any part thereof shall be behind, unpaid, or in arrear; That then and so often, and from time to time, it shall and may be lawful to and for the said R.V. and his Assigns, into and upon the said Mannor, Messuages, Lands, Tene­ments, Hereditaments, and all and singular other the Premisses, out of which the said yearly Rent is granted, or hereby mentioned to be granted, to be issuing, or mentioned to be issuing, as aforesaid, and into every, or any part or parcel thereof, at his and their liberty, choice and pleasure, to enter and distrain for the said yearly Rent of 300 l. and Arrearages thereof, and for the said Sum and Sums of Twenty Pounds, Nomine poenae, and Arrearages thereof, or for either, or any of them. And the Distress and Distresses, then and there so found, to take, lead, drive, carry away, and impound, and impounded to detain and keep, until the same yearly Rent of Three hundred Pounds, and all Arrearages thereof, and all Sum and Sums of Mony lost, No­mine poenae, and every part thereof, or such part or parts of the said yearly Rent of Three hundred Pounds, and of the Arrearages thereof, or of the said Sum or Sums of Mony lost, Nomine poenae, for which such Distress or Distresses shall be made, as aforesaid, shall be unto the said R.V. and his Assigns, fully satisfied contented and paid.

And the said R.E. the Elder and R. E. the Younger, for themselves, their, and either of their Heirs, Executors, Administrators, and Assigns, and for every of them joyntly and severally, do Covenant, Promise and Grant, to and with the said R.V. his Executors, Administrators, and Assigns, and every of them by these Presents, That the said J.B. J.P. J.D. and T.B. immediately after the making of the said several conveyance unto them respectively made, or mentioned to be made, as aforesaid had, according to the said several and respective Estates to them made, or mentioned to be made, as aforesaid. And for and not­withstanding any act or thing by the said R.E. the Elder, and R.E. the younger, or either of them, had, made, done, committed, or suffered to the contrary, still have full Power and lawful Authority by these Presents, to charge the said Mannors, Messuages, Lands, Tenements, He­reditaments, and Premisses, and every part thereof, with the said yearly Rent of Three hundred Pounds, and Nomine poenae aforesaid, unto the said R.V. and his Assigns, in manner and form aforesaid.

And that the said Mannor, Messuages, Lands Tenements, Heredi­taments and Premisses before-mentioned, and out of which the said yearly Rent is hereby granted, or mentioned to be granted, to be issuing as aforesaid, shall from time to time, during the Natural life of the said R.V. be overt and liable to the Distress and Distresses of the said R.V. and his Assigns, for the said yearly Rent of Three hundred Pounds, and Nomine poenae aforesaid, with the Arrearages thereof.

And that the said R.V. and his Assigns, shall and may from time to time, and as often as the said Rent and Nomine poenae, or any part thereof, shall be behind and unpaid, peaceably and quietly enter into the said Mannor, Messuages, Lands, Tenements, Hereditaments and Premisses, out of which the said yearly Rent is hereby granted, or mentioned to be granted, to be issuing as aforesaid, and into every or any part or parcel thereof, and there take Distress and Distresses, and the same, lead, drive, and carry away, impound and keep, without any manner of lett, trouble, hindrance, rescue or disturbance of the said R.E. the Elder, and R.E. the younger, or either of them, or of their or either of their Heirs or Assigns, or of any other Person or Persons whatsoever, by their, or either or any of their Means or Consent, and without the lawful let and hindrance; or disturbance of any o­ther Person or Persons whatsoever, until the said yearly Rent and Arrearages thereof, if any shall be, and the said Sum and Sums of Twenty Pounds lost, Nomine poenae, and every part thereof, shall be to the said R. V. and his Assigns, fully satisfied, contented and paid.

And further, That the said yearly Rent of Three hundred Pounds, and the said Sum and Sums of Mony, Nomine poenae, granted, or men­tioned to be granted, as aforesaid, shall be from time to time satisfied and paid unto the said R.V. and his Assigns, during the Natural life of the said R. V. at the days, time and place as the same shall become due and payable, according to the intent and true meaning of these Presents.

And moreover, That if any Lays, Taxes, or Impositions what­soever, shall be layed, taxed, imposed, or assessed upon the said Rent-charge of Three hundred Pounds per Annum, hereby granted, or mentioned to be granted, or upon the said R. V. or his Assigns, for or by reason,The Rent-charge to be liable to no Taxes. or in respect of the said Rent-charge, by any Act, Order or Ordinance of Parliament, or of one and both Houses of Parlia­ment, or by any Authority derived or pretended to be derived from or under any Order or Ordinance of Parliament, or of one or both Houses of Parliament, or by force or colour of any Military Power or Command now in being, or which hereafter shall be, or by force or colour of any other Power or Authority whatsoever; or for King, Church, or Country, or for any other cause whatsoever; That then the said R.E. the elder, and R.E. the younger, or one of them, their, or one of their Heirs, Executors, or Administrators, or the said J. B. J.P. J.D. and T.B. so long as they shall be Owners of the said Man­nor, Messuages, Lands, Tenements, Hereditaments and Premisses, or the Assign or Assigns of the said J.B. J. P. J. D. and T. B. from and after one or more Reconveyance or Reconveyances thereof, made by the said J. B. J.P. J. D. and T. B. or the Heirs, Executors, or [Page 301] Administrators of such Assign or Assigns, or some of them, shall and will bear and pay the same, and save and keep harmless and indem­nified the said R. V. and his Assigns, and his and their Executors and Administrators, of and from the same. In witness whereof, to one part of these Present Indentures, remaining with the said R. V. as well the said R.E. the elder, and R. E. the younger, as the said I. B. I. P. I. D. and T. B. have set their Hands and Seals, to one other part thereof remaining with the said R.E. the elder, and R. E. the young­er, as well the said R.V. as the said I. B. I. P. I.D. and T.B. have set their Hands and Seals; And to one other part thereof remaining with the said I.B. I.P. I.D. and T.B. as well the said R.V. as the said R.E. the elder, and R.E. the younger, have set their Hands and Seals the day and year first above-written, An. Dom. &c.

A Declaration of a discharge of several Cove­nants made in a Conveyance.

WHereas by one Indenture bearing Date with these Presents, Made between N. S. of, &c. of the one part, and me I.A. of, &c. of the other part, purporting a Conveyance made by the said M.S. unto me and my Heirs, of divers Closes, Lands, Tenements, and Hereditaments, in the County of L. therein mentioned, there is a Covenant on the part of the said M. S. for my quiet enjoying the same, without and free from all Incumbrances whatsoever, had, made, knowledged, or entred into by the said M.S. I do now hereby de­clare and agree, that one Lease heretofore made by the said M. S. unto W.J, of the same Lands for Ten Thousand years, by Indenture bearing Date, &c. At such yearly Rent, and with such Conditions, as is therein mentioned, was well known unto me before, and at the Sealing of the said Indenture, bearing Date with these Presents. And that I do know, that this Indenture of Lease is not only void by the breach of Conditions herein expressed, but hath been also long since actually surrendred by the said W. J. to the said M. S. and his Heirs. And therefore neither is, nor can be any breach of the said Covenant in the said Indenture, bearing Date with these Presents; Nor will I the said I. A. take any advantage of breach of the said Covenant against the said M.S. his Executors or Administrators, for, or in respect of the said Lease, notwithstanding that the same is not excepted in the said Covenant.

And whereas in the said Indenture, bearing Date with these Pre­sents, there is contained a Covenant on the part of the said M.S. for further Assurance to be made by him, his Heirs and Assigns, and all and every other Person or Persons, having, or lawfully claiming any Estate, Right, Title, or Interest, of, in, or to the Premisses, or any part thereof, by, from, or under the said M.L. I do hereby grant and agree, to and with the said M.S. That he the said M.S. his Heirs, Executors, or Administrators, are not, nor shall be any way compel­lable [Page 302] either in Law or equity by the said Covenant, or any thing else in the said Indenture contained, to cause or procure I.M. or his Assigns, to make any Assurance, or to do any act or thing whatsoever, in re­spect of any Estate or Estates, made or assigned to him, and one H. T. of, and in the same Lands, or any part thereof, by one D. O. or by one I.G. But it is intended nevertheless, that I shall have such bene­fit of those Estates, and of the Trust reposed in the said J. M. and H.T. as the said M.S. ought to have. In witness, &c.

A Letter of Attorney to constitute a Guardian.

TO all People to whom these Presents shall come, C.C. Esquire, one of the Sons of the Right Honourable A. Lord C. deceased, sendeth Greeting in our Lord God Everlasting. Know ye, That I the said C.C. being of the Age of, &c. years, and above, and under the Age of 21 years, and being now to go in Parts beyond the Seas for my better Education, Have constituted, appointed, and in my place and stead put; And by these Presents do nominate and appoint the Right Honourable E. L. C. my Mother, to be my Guardian, and to do, act, and execute all such things whatsoever relating to my Person or Estate, as a Guardian can, may, or ought to do; and I do also constitute, appoint, and in my place and stead put the said E. L. C. my Mother, to be my true and lawful Attorney, for me, and in my name, place and stead, and to my use, from time to time, at her discretion, to let, set, manage and dispose all or any of the said Mannors, Lands and other Here­ditaments to me belonging, or which shall hereafter belong to me, and to receive and take all the Rents and Issues thereof, and from time to time to ask, sue for, levy, require, recover and receive all, and all man­ner of Debts, Duties, Rent and Rents, Sum and Sums of Mony, due, or hereafter to be due or payable unto me the said C.C. by any Person or Persons whatsoever, for any matter, cause, or thing whatsoever. And upon Receipt thereof, in my name, or in her own name, to make and give Acquittance or other Discharges for the same.

And also, for me, and in my name and stead, to enter and make any Entry or Entries into all or any Mannor, Lands, Tenements or Here­ditaments, of me the said C.C. or out of which any Rent, or other du­ty or thing, is, or shall be due unto me, and into all or any other Lands, Tenements or Hereditaments, that do or may belong unto me by reason of the non-payment of any Rent or Rents, or Sum or Sums of Mony due, or to be due unto me, upon or by reason of any Lease or Leases, Estate or Estates, Conveyance or Conveyances, or otherwise how­soever.

And also, for me, and in my name, to take, or cause to be taken, any Distress or Distresses, and make or cause to be made, any Avowry or Avowries, Conusance or Conusances, of, or for any such Distress or Distresses, and for me, and in my name, to commence or prosecute any Suits, Action or Actions, as well real as personal, or mixt for any Lands, [Page 303] Tenements, Hereditaments, Debt, Duty, Matter, Cause or thing whatsoever, due or belonging, or which shall be due or belongs to me or to be demanded, or that may be demanded, by me in any Court or Courts of Record, or in any other Courts or place whatsoever. And the same Actions and Suits, and every of them, to prosecute and follow or discontinue the same or become Nonsuit therein, if she shall see cause.

And also, for me, and in my name, to use and take all such ways, courses, means and remedies, for the recovering, receiving, having, ob­taining or getting any Mannors, Lands, Tenements, Rents, Heredita­ments, Goods, Chattels, Debts, Duties, Sum or Sums of Mony, or o­ther thing whatsoever, that is, are, or shall be, or by my said Attorney and Guardian shall be conceived, or thought to be, unto me belonging, appertaining, due, owing or payable in any wise howsoever. As I my self may or might use or take, if I were present in person. And also to appear, make, answer, and defend, for me and in my my name, in all manner of Actions and Suits whatsoever, which are, or at any time hereafter shall be commensed, sued or taken against me, the said▪ C. C. by any Person or Persons whatsoever. And for the better doing, act­ing, performing or executing of all or any the Premisses, I do hereby further give unto my said Guardian and Attorney, full power and au­thority to constitute, appoint, authorize, and in her or my place and stead put one or more Attorney or Attorneys for me, as my Attorney or Attorneys, and to be my Attorney or Attorneys, and the same at her pleasure again to revoke, and other or others in his or their place to substitute and to do, execute, perform and finish, for me, and in my name, all and singular things which shall be expedient, and necessary in, about, for touching or concerning the Premisses, or any of them; as throughly and wholly as I the said C. C. might or could do, in, or about the same, being personally present. And whatsoever my said Attorney or Guardian shall do, or cause to be done, in, about, or con­cerning the Premisses I the said C. C. do and shall ratifie, confirm and allow, as fully and amply as if I my self were present, and did the same in mine own person. In witness whereof I the said C. C. have to these presents set my Hand and Seal. the Day of, &c.

A Letter of Attorney to sue Sir J. L. Marshal of the Kings-Bench, upon an Escape.

THis Indenture, made, &c. the day of, &c. Between M. S. of the one part, and I.A. of, &c. of the other part, Witness­eth, That the said M.S. doth hereby make, constitute, and appoint the said I.A. to be his true and lawful Attorney, for him, and in his Name to prosecute any Suit or Suits, commenced, or to be commenced against Sir J.L. Knight, Marshal of the Marshalseys, &c. for and con­cerning the Escape of W. J. heretofore a Prisoner at the Suit of the said M.S. in the custody of the said Sir J. L.

And the said M. S. doth hereby grant unto the said J. A. that it shall be lawful for him the said J. A. his Executors and Administra­tors, to take, have, and receive to his and their own use, all such Mo­neys as shall or may be recovered against the said Sir J. L. in the name of the said M.S. for the said Escape, without any account to be made to the said M.S. for the same; And to use all such lawful ways and means for the recovery thereof, in the name of the said M. S. which he himself may, or might use and do.

And that he the said M. S. will not release or discharge the said Sir J.L. concerning the said Escape, nor do any other act or thing where­by the said J.A. his Executors or Administrators, may not have and take in the Name of the said M. S. but to the proper use and benefit of the said J.A. his Executors or Administrators, all such benefit and advantage as the said M. S. might have or take against the said J. L. for and concerning the said Escape of the said W. J. And that the said M.S. will not revoke any Power or Authority hereby given unto the said J.A. And that he, his Executors and Administrators, will at any time hereafter, renew, or give such further Power and Authority to the said J.A. his Executors or Administrators, touching the Premisses as shall be reasonably required, and ratifie and allow whatsoever shall be done by the said J.A. his Executors or Administrators, by virtue of, or according to the Power or Authority hereby given.

And the said J.A. for himself, his Executor or Administrators, doth Covenant and grant to and with the said M. S. his Executors, Admini­strators and Assigns, by these Presents, That the said J.A. his Execu­tors and Administrators, shall and will from time to time, and at all times hereafter well and sufficiently save and keep harmless and in­demnified the said M.S. his Executors and Administrators, from all costs of Suit and other Damages, which shall or may accrue, happen or come to him, them, or any of them, by reason of any Action or Suit to be pro­secuted in the Name of the said M.S. against the said Sir J. L. or for or by reason of the making of these Presents, or any matter or thing here­in contained. In witness, &c.

Articles of Agreement to settle two houses in Lon­don to several uses if they be recovered at Law, and to pay charges.

WHereas J. W. being heretofore seised in her Demesn as of Fee, of and in All those the Chappel-Houses, Tenements, Shops, Cellers, Sollars, and Rooms, with their Appurtenances, in St. P. C. L. Did by her last Will and Testament in Writing, dated &c. give and devise the same, and the Reversion and Reversions thereo [...], to R. W. her Son, and the Heirs of his Body lawfully begotten, And for de­fault of such Issue, to H. W. her second Son, and the Heirs of his Bo­dy lawfully begotten, And for Default of such Issue, to R. H. Son of J. H. and S. his Wife, and the Heirs of the Body of the said R. lawfully to be begotten, And for default of such Issue, To the Heirs of the Bodies of the said J. H. and of the said S. his Wife, the Daugh­ter of the said J. W. between them lawfully begotten.

And whereas the said R. W. and H. W. are long since Dead without Issue, And the said R. H. being also Dead, left Issue by the said S. his Wife two Daughters, A. and M. which A. dying without Issue, and the said M. Married one J. H. and had Issue M. H. late the Wife of the said T. R.

And the said M. H. being unjustly kept out of the possession of the said Premisses, the said T. R. her Husband (after his marriage with her) commenced, and prosecuted several Suits in Law and Chancery concerning the Premisses, and in order to the recovering of the said House and Pr [...]misses, wherein he expended and laid out above Two hundred Pounds, And the said M. dying before the Premises were re­cov [...]red, the Right and Title to the said Lands, according to the said Will and Entail, made by the said J. W. did of right come, and is accrued to the said H. G. being Son and Heir of the said M. by H. G. her former Husband.

And the said M. R. having other Lands which she might have free­ly disposed of, and did not, but did leave them to discend to the said H. G. Did at several times before her Death declare her mind and in­tention, That the said T. R. her Husband should be by her said Son satisfied and paid all his Disbursments and Moneys Expended in the said Suits, And moreover did desire, that the said T. R. (who by rea­son of his long time spent, and great pains taken in the Prosecution of the said Suits, was the best able to assist the said H. G.) would afford the said H. his best endeavours for the recovery of the said premis­ses.

Now for the accomplishing the Desires of the said M. R. and for a final Conclusion of all differences between them the said H. G. and the said T. R. touching the Premises, It is hereby declared, and also covenanted, granted, and agreed by and between the said Parties to these Presents, in manner and form following, (that is to say) That the said T. R. shall and will from time to time, at the Costs and Char­ges [Page 306] of the said H. G. commence and prosecute for the said H. G. all such Suits in the Court of H. London, and in the Court of C. or elsewhere, for and towards the obtaining and recovering of the said Houses, Te­nements, and premisses in St. P. C. L. aforesaid, as he the said T. R. shall think fit, or as by the Counsel of the said H. G. (learned in the Law) shall be advised, And that within two months or sooner and so soon as conveniently it can be done, after the said Tenement and Pre­misses, shall be recovered and obtained by or for the said H. G: He the said H. shall at his own proper Costs and Charges (by Fine and Recovery, or otherwise, and by such ways and means as the Counsel of the said T. R. shall advise) charge, assure, convey, and settle the said Tenements and Premisses in manner following, and to the se­veral uses, intents, and purposes, or to such effect as is herein after expressed (that is to say) First, he shall charge the same with the Payment of a yearly Rent of Twenty pounds per Annum, to the said T. R. during his natural life, payable quarterly, or at four Days and Times in the year therein to be expressed, to be paid without any defalcation, deduction, or abatement, for or in respect of any Taxes, Assurances, Contribution, quartering of Souldiers or other matters or things whatsoever, ordinary or extraordinary, and with a suffici­ent Power to distrain for the same, Which said yearly Rent is and shall be, and is agreed to be in satisfaction of the Moneys by him the said T. R. expended in the life-time of the said M. R. and by her appointed to be paid as aforesaid.

And the said said H. G. shall limit the said Tenements, and Premis­ses, so charged as aforesaid, To the use of himself the said H. G. for and during the Term of his natural life, without Impeachment of or for any manner of Wast, And from and after the Death of the said H. G. To the use and behoof of A. his own Wife, if she shall be then living, for and during the term of her natural life, for and towards her better maintenance and support, And from and after her decease To the use and behoof of the first son of the said H.G. and the Heirs of the Body of such first Son lawfully to be begotten, And for default of such Issues, To the use and behoof of the second Son of the said H. G. and of the Heirs of the Body of such second Son lawfully to be begotten, And for default of such Issue, To the use and behoof of the third Son of the said H. G. and of the Heirs of the Body of such third Son lawfully to be begotten, And for Default of such Issue, To the use and behoof of the fourth, fifth, sixth, seventh, eighth, ninth, tenth, and all other the Sons of the said H. G. successively one after another, in or­der and course as they shall be in order and seniority of Age, and prio­rity of Birth, and their several Heirs of their several and respective Bodies lawfully to be begotten, every elder of the said Sons, and the Heirs of his Body, being all ways preferred before the younger, and the Heirs of their Bodies, And for default of such Issue, To the use and behoof of all and every the Daughters of the said H. G. and the several Heirs of their several and respective Bodies, of all such Daugh­ters lawfully issuing, And for default of such Issue, To the use and behoof of E. R. and T. R. Sons of the said T.R. party to these Presents, by the said M. his Wife, deceased, Brethren of the said H. G. and of M. G. Sister of the said H. G. as Tenants in Common, and not as Iointenants, and to be equally divided amongst them the said E. R. T. [Page 307] R. the Son and M. G. share and share alike, and to the use of the se­veral Heirs of the several and respective Bodies of them the said E. P. and T. R. the Son, and of the said M. G. And for default of such Issue, To the use of the right Heirs of the said M. R. deceased, Mother of the said H. G. for ever.

And that he the said H. G. shall and will from time to time, and at all times, after that the said Tenements and Premisses shall be reco­vered or obtained, by or for the said H. G. Or that he shall be thereof seized, at, and upon the reasonable request of the said T. R. do and suffer, and cause to be done and suffered, All and every Act and Acts, Thing and Things whatsoever, for the charging, conveying, assu­ring, and setling of the said Tenements and Premisses, to the uses, intents, and purposes herein before mentioned, which by the said T. R. or his Counsel learned in the Law, shall be reasonably devised or advised and required.

Also it is agreed between the said parties to these Presents,To pay all Charges. And the said H. G. for him his Heirs, Executors, and Administrators, doth covenant and grant, to and with the said T. R, his Executors and Ad­ministrators, by these Presents, That he the said H. G. shall and will pay, and bear all the Charges of the said Suits concerning the said Tenements and Premisses, And also shall and will, in Consideration of the labour, travel, and attendance of the said T. R. about the same, or in the Sollicitation thereof, pay and allow unto him the said T. R. two Shillings six pence for every Court-Day of the Hustings, London, for Pleas of Land, during the Continuance of any Action or Suit there touching the Premisses, which shall be sollicited or followed by the said T. R. And also two Shillings Six pence for every Day wherein the said T. R. shall attend at the Court of Chancery, or at any Seals of the said Court, or at any other Court or place whatsoever where he shall necessarily attend or sollicite about or concerning the Premisses, or by reason of his undertaking the Sollicitation of the said Suits.

And lastly it is agreed between the said Parties to these Presents, And the said H. G. for himself, his Heirs, Executors and Administra­tors, doth covenant, promise, and grant, to and with the said T.R. his Executors, and Administrators, by these Presents, That he the said H. G. shall and will within one Month after he shall have reco­vered the said Tenements and Premisses, pay or cause to be paid unto the said M. G. his Sister, the Sum of twenty Pounds of law­ful Money of England for and towards the Increase of her Por­tion.

Assignment of a Trust.

THis Indenture made &c. Between R. H. of &c. of one part, And A. N. of &c. of the other part,Recital. Whereas in and by one Inden­ture bearing Date &c. made between Sir. T. H. of B. &c. of the one part, and he said R. H. of the other part, He the said Sir T. H. did (for the consideration of 2000l. therein mentioned to be paid by the said R. H.) Demise, Grant, Bargain and Sell unto the said R. H. his Exe­cutors, Administrators, and Assigns, All those the Mannors and Lordships of B. B. L. and R in the County of S. with their and eve­ry of their Members and Appurtenances, And all and singular the Messuages, Lands, Tenements, and Hereditaments whatsoever, of the said Sir T. H. situate, lying or being &c. in the said County of S. And all and singular the Messuages, Farms, Lands, Tenements, and Hereditaments whatsoever of the said Sir T. H. situate, lying, or be­ing in, or called, or known by the name or names of &c. with their, and every of their Appurtenances, And the Reversion and Reversi­ons, Remainder and Remainders, of all and singular the said Man­nors, Lordships, Messuages, Lands, Tenements, Hereditaments and Premisses, and every part and parcel thereof, And all Rents, Services,Habend. and Profits thereunto incident and belonging, To have and to hold the said Mannors, Lordships, Messuages, Lands, Te­nements, Hereditaments and all and singular other the Premisses here­by demised, or mentioned to be demised, with their and every of their Appurtenances, unto the said R. H. his Executors, Administra­tors and Assigns, from the Day next before the Date of the said In­denture, for and during the Term of One thousand years from hence­forth next ensuing, and fully to be compleat and ended, without Im­peachment of or for any manner of Wast, Under the Rent of one Pepper-Corn on the Feast of S. M. yearly (if the same were lawfully demanded.)

With a ProvisoProviso. or Condition to be void upon payment of the said Sum of Two thousand pounds, with interest for the same, at certain days and times in the said Indenture mentioned, As in and by the said Indenture (relation being thereunto had) more plainly and at large it doth and may appear.

Declaration of the Trust. Now this Indenture witnesseth, And the said R. H. doth hereby declare and acknowledge, that the Sum of Two thousand pounds in the said Indenture mentioned, was all the proper money of the said A. N. and not any part thereof the Money of the said R. H. And that the name of him the said R. H. was used therein only in trust for the said A. N. And therefore the said R. H. in pursuance of the trust in him reposed by the said A. N. And for and in Consideration of the Sum of Five shillings to him paid by the said A. N. Hath granted, bargained,Assignment. sold, assigned, and set-ove [...], And by these Presents doth, grant, bargain, sell, assign and set-over unto the said A. N. his Executors, Administrators, and Assigns, All and singular the said Mannors, Lordship, Lands, and Premisses before mentioned, of [Page 309] all and singular other the Mannors Messuages, Lands, and Tenements Hereditaments whatsoever, in and by the said recited Indenture to him the said R. H. demised or granted, with their and every of their Ap­purtenances, And also all the Estate, Right, Title, Interest, Term of years, Property, Claim, and Demand whatsoever, of him the said R. H. of, in, and to the Premisses, and every part and parcel thereof, Together also with the said recited Indenture,Habend. To have and to hold the said Mannors, Lordships, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby gran­ted and assigned, or mentioned to be granted or Assigned, with their and every of their Appurtenances unto the said A. N. his Executors, Administrators, and Assigns, for and during all such Term and E­state, as he the said R. H. hath or ought to have therein.

And the said R.H. for himself, his Heirs, Executors, Admini­strators, and Assigns and for every of them, doth covenant,No Incum­brance▪ pro­mise, and grant, to and with the said A. N. his Executors, Admini­strators, and Assigns, by these Presents, That he the said R. H. hath not done, or Wittingly and Willingly suffered to be done, any act or thing whereby the said Mannors, Lands, and Premisses, or any of them, are or may be any way impeached, charged, or incum­bred, in Title, Charge, Estate, or otherwise, In witness where­of, &c.

A Lease of Lands for 1000 years upon paiment of 3000l. and an Assignment of a Statute and Letter of Attorney.

THis Indenture Quadripartite made &c. Between J. R. of &c. of the first part, E. C. of &c. of the second part, R. B. of the third part, And J.H. of the fourth part Witnesseth, That the said E. C. (by and with consent of the said J. R. testified by his to these Presents) for and in consideration of the Sum of Three thousand pounds of lawful money of England, to the said J. R. and of Five shillings of like money, to the said E. C. in hand paid by the said R. B. at or before the sealing and delivery of this present Indenture, the receipt of which said several Sums the said J. R. and E. C. do hereby res­pectively acknowledge, and thereof, and of every part and parcel thereof respectively, do cleerly and absolutely acquit exonerate, and discharge the said R. B. his Executors and Administrators for ever, by these Presents, Hath demised, granted, bargained, and sold, And by these Presents doth demise,Demise; grant, bargain, and sell unto the said R. B. his Executors, Administrators, and Assigns, All that the Man­nors of G. with the Rights, Members, and Appurtenances thereof in the County of N▪ And all the Messuages, Houses, Lands, Tene­ments, and Hereditaments whatsoever to the said Mannors belonging, or in any wise appertaining, And all Woods, Underwoods, Commons, Fishings, Ways, Easments, Profits, Commodities, Court Leets, [Page 310] Court Barons, Priviledges, Jurisdictions, Franchises, Views of Frank-pledge, Royalties, Lands, Tenements, and Hereditaments whatsoe­ver to the said Mannor belonging, or in any wise appertaining, or as part, parcel, or member thereof, now, or at any time hereto [...]ore com­monly accepted, reputed, taken, known, occupied, or enjoyed, And also all that the Advowson, Donation, Free-disposition, and right of Patronage, of and unto the Church and Parsonage of G. a­foresaid, And the Reversion and Reversions, Remainder and Remain­ders of all and singular the Premisses, And all Rents, Reservations, Services and Profits thereto incident and belonging.

Which said Mannor and Premisses, by Indenture bearing Date &c. and Inrolled in Chancery the [...] day of [...] next following, mention [...]d to be made between E. Countess Dowager of P. H. Earl of P. W. Lord Viscount M. and others of the one part, and the said E. C. of the other part, were mentioned to be granted, bargained and sold to the said E. C. his Heirs,Habend. &c. To have and to hold the said Mannor, Messuages, Lands, Tenements, Advowson, Hereditaments, and all and singular other the Premisses hereby demised, or mentioned to be demised, with their and every of their Appurtenances unto the said R. B. his Executors, Administrators, and Assigns, from the day next before the Day of the Date hereof, for and during the term of One thousand years from thence next ensuing, and fully to be compleat and ended,Reddend. without impeachment of or for any manner of Wast, Yield­ing and paying therefore yearly, during the said term, one Pepper­corn at the Feast of Saint Michael the Archangel, if it shall be de­manded.

And whereas the said J. R. is possessed for the residue of a term of Fourscore and Nineteen years of and in all and singular the said Man­nors, Lands, and Premisses, (except the Advowson and Patronage of the Church of G. aforesaid) by virtue of a Lease thereof made by the Right Honourable J. Earl of P. deceased, unto Dame F. T. Widow, by Indenture bearing date &c. and by virtue of several mean Assign­ments thereof made.

And also the said J. Earl of P. by one Recognizance in the nature of a Statute Staple, taken and acknowledged before Sir J. B. Knight, then Lord Chief Justice of the Court of Kings Bench, bearing date &c. did become bound unto the said Dame F.T. in the penal Sum of Six thousand pounds defeazanced, as by the said Statute and the De­feasance thereof may appear; Which said Statute, and all the benefit and advantage to be had thereby, is since also by several Letters of At­torney and mean Assignments, lawfully come to the said J. R.

Now this Indenture further witnesseth, That the said J. R. for the Consideration aforesaid, And for and in consideration of the Sum of 5 s. of lawful Money of E. to him the said J.R. in hand paid by the said at J.H. or before the sealing and delivery of this present Indenture, the Receipt whereof he the said J. R. doth hereby acknowledge, Hath granted, bargained, sold, assigned and set-over, And by these Presents doth grant, bargain, sell, assign, and set over unto the said J. H. his Exe­cutors, Administrators, and Assigns, All and singular the said Mannor, Messuages, Lands, and Premisses, and every part and parcel thereof, with the Appurtenances (except before excepted) And all the Estate, Right, Title, Interest, term of years, claim and demand whatsoever [Page 311] of him the said J. R. of, in, and to the same, and every part and parcel thereof, To have and to hold the said Mannor, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby granted and assigned, or mentioned to be granted or assigned by him the said J. R. with their and every of their Appurte­nances, unto the said J. H. his Executors, Administrators, and Assigns, for and during all the rest, residue, and remainder of the said term of Fourscore and Nineteen years yet to come and unexpired.

And further, the said J. R. for the Considerations aforesaid, Hath granted, assigned, and set-over, And by these Presents doth grant, assign, and set-over unto the said J. H. the said Recognizance or Sta­tute Staple, And all such benefit and advantage as the said J. R. his Executors or Administrators, may, can, or ought to have upon or by virtue of the said Statute, or any extent or extents to be sued there­upon.

And the said J. R. doth hereby make, ordain, constitute and ap­point the said J. H. his true and lawful Attorney, for and in the name of the said Dame F. T. his Executors or Administrators, to sue and im­plead the Heirs, Executors, or Administrators of the said J. Earl of P. and to extend the Mannors, Lands, Tenements, and Heredita­ments of the said Earl upon the said Statute, And to do and perform upon, or concerning the said Statute, whatsoever the said J. R. might or ought to do upon or concerning the same.

And the said J. R. for himself, his Heirs, Executors, Administrators, and Assigns, and for every of them, doth covenant, promise, and grant, to and with the said R. B. his Executors, Administrators, and Assigns, by these Presents, That he the said J. R. his Heirs, Executors, Admi­nistrators, or Assigns, or some or one of them, shall and will, with­out any defalcation, deduction, or abatement of any thing, for or in respect of any Taxes, Charges, or Payments whatsoever, ordinary or extraordinary, well and truly pay, or cause to be paid unto the said R. B. his Executors, Administrators, or Assigns, at such times and place, and in such manner and form as is herein after expressed, the full Sum of Three thousand pounds of lawful Money of England, in Gold or Silver, And also Interest or Consideration for the forbearance thereof, after the rate of Five pounds for every Hundred pounds by the year, for all the time from the Day of the Date of this present In­denture, until the said Three thousand pounds shall be so paid.

That is to say, If the said R. B. his Executors, Administrators, or Assigns, or any of them, shall on the [...] Day of O. next ensuing the Date hereof, or on any [...] Day of A. or [...] Day of O. between the said [...] Day of O. next ensuing the Date hereof, and the [...] Day of O. which will be in &c. give or leave notice in wri­ting, at or in the now dwelling House of the said J. R. unto or for the said J. R. his Heirs, Executors, Administrators, or Assigns, for payment to be made of the said Sum of Three thousand pounds at the end of Six Months then next after the giving or leaving such Notice, or to that effect; Or if the said J. R, his Heirs, Executors, Administra­tors, or Assigns, or any of them, shall on the said [...] Day of O. next ensuing the Date hereof, or on any [...] Day of A. or [...] Day of O. between the said [...] Day of O. next ensu­ing the Date hereof, and the said [...] Day of O. which will be [Page 312] in the said year of our Lord &c. give or leave notice in writing, at or in the now dwelling House of R. B. unto or for the said R. B. his Ex­ecutors, Administrators, or Assigns, for payment to be made of the said Sum of Three thousand pounds at the end of Six Months then next after the giving or leaving such notice, or to that effect, That then in either of those Cases, whensoever any such Notice shall be so given or left as aforesaid, by either or any of the said Parties, the said Sum of Three thousand pounds shall be paid unto the said R. B. his Execu­tors, Administrators, or Assigns, at or in the said now dwelling House of the said J. R. on the [...] Day of A. or [...] Day of O. which will be at the end of six Months next after such Notice shall be so given or left as aforesaid; But if no such Notice for payment of the said Three thousand pounds shall be by either, or any of the said Par­ties so given or left as aforesaid, before the said [...] Day of O. which will be in &c. Then the said Sum of Three thousand pounds shall be paid unto the said R. B. his Executors, Administrators, or Assigns, at or in the said now dwelling House of the said J. R. upon the [...] Day of A. which will be in the Year of our Lord &c. without any further delay; And the said Interest or Consideration for forbearance of the said Three thousand pounds, after the rate afore­said, shall from time to time be well and truly paid, at or in the said now dwelling House of the said J. R. by equal half yearly payments of Threescore and fifteen pounds upon every [...] Day of O. and [...] Day of A. in every year, until such time as the said Three thousand pounds shall be paid, according as it is herein before cove­nanted to be paid, And at what time soever the said Three thousand pounds shall happen to be paid, all the Interest shall be paid for for­bearance thereof, after the rate aforesaid, proportionably for all the time, from the time of the then last half yearly payment before, until the Day of payment of the said Three thousand pounds.

Provided always, And it is hereby conditioned, granted, covenan­ted, concluded, and agreed by and between all and every the said Parties to these Presents, for them, their Heirs, Executors, Admini­strators, and Assigns, That if the said J. R. his Heirs, Executors, Ad­ministrators or Assigns, or any of them, shall well and truly pay, or cause to be paid unto the said R. B. his Executors, Administrators, or Assigns, the said Sum of Three thousand pounds, and all such Interest or Consideration for forbearance thereof as aforesaid, in such sort, manner, and form as the same is herein before covenanted to be paid, That then, from, and immediately after such payment made, this present Indenture, and all and every the several Terms and E­states hereby made and granted, or mentioned to be made or granted, shall cease, determine, become and be void, frustrate, and of none effect to all intents and purposes.

And the said J. R. for himself, his Heirs, Executors, Administra­tors, and Assigns, and for every of them, doth covenant, promise, and grant to and with the said R. B. and J. B. their Executors, Ad­ministrators, and Assigns, by these Presents, in manner and form fol­lowing.

That is to say, That the said J. R. and E. C. respectively now at the time of the sealing and delivery of this present Indenture, are the true and lawful Owners or Proprietors of all the said Mannor, Messu­ages, [Page 313] Lands, Tenements, Hereditaments, and Premisses hereby de­mised, or mentioned to be demised, and of every part and parcel thereof, wit [...] their Appurtenances; And have good, right, lawful, and absolute Power and Authority in themselves respectively as a­foresaid, as well to demise, grant, bargain and sell, All and singular the said M [...]nnor, Messuages, Lands, [...]enements, Hereditaments, and Premisses hereby demised, or mentioned to be demised, and every part and parcel thereo [...], wit [...] their and every of their Appurtenances, unto the said R. B. his Execu [...]ors, Administrators, and Assigns, for and du­ring all the said Term of One thousand years, and in manner and [...]orm aforesaid; As also to grant, bargain, s [...]ll, assign, and set-ov [...]r all and singular the same Premisses (exc [...]pt the Advowson and Patronage of the Churc [...]) unto the said J. B. his Execu [...]ors, Administrators, and As­signs, for and during all the rest and residue of the [...]aid Term of Four­score and nin [...]teen years yet to come and unexpired.

And that if Default shall happen to be made of or in payment of the said Moneys herein before covenanted to be paid, or of any part thereof, That then and from thenceforth it shall and may be lawful to and for the said R. B. and J.B. respectively, and their respective Ex­ecutors, Administrators, & Assigns according to their several & respective Estates and Interests to t [...]em re [...]p ctively hereby a [...]signed, granted▪ or mentioned to be granted, into all and singular the Pr [...]misse [...], and into every part and parcel t [...]ereo [...] to enter, and the same from t [...]enceforth, for and during all the then rest and residue of the [...]aid several and re­spective Terms of One thousand years, and Fourscore and nin [...]teen years, peaceably and quietly to hold and enjoy, and all and every the Rents, Issues, and Profits thereof, coming, arising, and growing, to have and take, without any manner of denial, l [...]t, suit, trouble, hin­drance, interruption, eviction, or ejection, of or by the said J. R. and E. C. or either of them, their, or either of their Heirs, Executors, Administrators, or Assigns, and without the lawful let, suit, trouble, interruption, eviction, or ejection, of or by any other person or per­sons whatsoever, And free and clear, and freely, clearly, and abso­lutely acquitted, freed, and discharged of and from all [...]ormer and o­ther Bargains, Sales, Gifts, Grants, Jointures, Dowers, Entails, Leases, Mortgages, Estates, Rights, Titles, Rents, Arrearages of Rents, Judgments, Statutes, Recognizances, Executions, Extents, Troubles, For [...]eitures, Sequestrations, Seizures, Decrees, Charges and Incumbrances whatsoever.

And the said J. R. for himself, his Heirs, Executors, Administra­tors, and Assigns, and for every of them, doth further covenant, pro­mise, and grant, to and with the said R. B. and J. B. their Execu­tors, Administrators, and Assigns, by these Presents, That if an [...] De­fault shall happen to be made of or in payment of the said Moneys herein before covenanted to be paid, or any part thereof, That then at any time after such default made, They the said J. R. and E. C. their Heirs and Assigns, and all and every other person and persons, any E­state, having or lawfully claiming, of, in, to, or out of the sa [...]d Man­nor, Messuages, Lands, Tenements, Hereditaments, and Premisses, or any part thereof, shall an [...] will▪ at the reasonable Request and pro­per Costs and Charges in the Law of the said R. B. and J. B. or ei­ther of them, their, or either of their Executors, Administrators, or [Page 314] Assigns, make and do all and every such Act and Acts, for the fur­ther, better and more perfect assuring and conveying of the said Mannor, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses, with their and every of their Ap­purtenances, unto the said R. B. and J. B. respectively, and their respective Executors, Administrators, and Assigns, for and dur [...]ng the several and respective Terms hereby granted, or mentioned to be granted, Be it by Fine or Fines, Sur Concess. or Sur Conu­sans de droit come ceo &c. Deed or Deeds, Recovery or Recove­ries, with single, double, or treble Voucher, or Vouchers, Re­lease or Confirmation, or by all and every, or any of the said ways and means, or by any other ways or means, in the Law what­soever, As by the said R. B. and J. B. or either of them, their or either of their Executors, Administrators or Assigns, or by their or any of their Counsel learned in the Law, shall be reaso­nably devised or advised and required.

And the said E. C. for himself, his Heirs, Executors, Admini­strators and Assigns, and for every of th [...]m, doth Covenant, pro­mise, and grant, to and with the said R. B. his Executors, Ad­ministrators, and Assigns, by these presents, That he the said E. C. hath not done any Act or thing whereby the Premisses hereby de­mised, or mentioned to be demised, or any part thereof, are or may be any way impeached, charged, or incumbred, in Title, Charge, Estate or otherwise.

And the said R. B. for himself, his Executors, Administrators, and Assigns, and the said J. B. for himself, his Executors, and Assigns, doth covenant, promise, and grant, to and with the said J. R. and E. C. their Heirs, Executors, Administrators, and Assigns, and every of them, by these Presents, That untill some default shall be made of or in payment of the said Moneys herein before covenanted to be paid, or of some part thereof, They the said R. B. and J. B. respectively, and their respective Executors, Admi­nistrators, and Assigns, shall and will permit, and suffer the said J. R. and E. C. their Heirs, Executors, Administrators, and Assigns, respectively, according to their several and respective Estates and Interests in the Premisses, before the making of these Presents, peaceably and quietly to hold and enjoy all and singular the said Man­nor, Lands, and Premisses hereby demised, or mentioned to be demised, with their and every of their Appurtenances, And to receive, take, and enjoy, all the Rents, Issues, and Profits there­of, and of every part and parcel thereof to their own uses, with­out the let, suit, trouble, interruption, eviction, or ejection of the said R. B. and J. B. or either of them, their or either of their Executors, Administrators, or Assigns, and without any accompt to be given unto them, or any of them, for the same. In witness &c.

A Lease of a House and Lands in the Country for Sixty years, if the Lessor shall so long live; and several Covenants.

THis Indenture made the &c. Between T. R. of &c. of the one part, And J. E. of &c. of the other part, Witnesseth, That the said T. R. for and in consideration of the yearly Rent herein reser­ved, And also of the Covenants and Agreements herein after menti­oned, on the part and behalf of the said J. E. his Executors, Admi­nistrators, and Assigns, to be paid, performed, and kept, Hath leased, set, and to Farm-let, And by these Presents doth lease, set, and to Farm-let, unto the said J. E. his Executors, Administrators, and Assigns, All those two Houses, Messuages, or Tenements, together with the Barn, Stable, and Cow-house thereunto belonging and appertaining, and also the Garden and Orchard thereunto adjoyn­ing and belonging to the said Houses, or either of them, with the Fruit-Trees growing and being thereupon, and all manner of Profits and Commodities belonging to any part of the Premisses, Together with all and singular the several parcels of Pasture ground usually occu­pied and enjoyed with the said Messuages or Tenements, or either of them, containing by estimation eighteen Acres, or thereabouts, be the same more or less.

All which said Messuages and Premisses are situate &c. and lately were in the tenure and occupation of &c. (Except and allways reser­ved out of this present Lease unto the said T. R. and his Assigns,Excepting to the Lessor a Chamber. the Lodging-Chamber over the Kitchin in the chief dwelling House) and free l berty of ingress, egress, and regress, into, and from the same; To have and to hold the said Messuages or Tenements,Habend. and all and sin­gular other the before mentioned Premisses and every part thereof, with their Appurtenances, (except before excepted) unto the said J. E. his Executors, Administrators, and Assigns, from the Feast-day of Saint M. the Archangel now last past, for and during, and unto the End and term of Threescore years, if the said T. R. shall so long live, Yielding and paying therefore yearly, and every year,Reddendum. during the said Term, unto the said T. R. and his Assigns at or in &c. the yearly Rent or Sum of Two and twenty Pounds of lawful Money of England at the four most usual Feasts or Days of payment in the year (that is to say) by even and equal portions, And also yielding and paying to the said T. R. and his Assigns, one Bushel of good [...] every four and twentieth day of D. yearly during the said Term, The first Payment of the said yearly Rent of 22l. to be made and begin at the Feast-day of &c. next following the Date of these Presents▪

Provided always, and upon Condition,Proviso upon non-payment or Assignment without li­cence to re-en­ter. That if it shall happen that the said yearly Rent of Two and twenty pounds or any part or parcel thereof shall be behind and unpaid at the place of payment be­fore mentioned by the space of fourteen days next over or after any of the said Feasts or Days on which the same ought to be paid, Or if [Page 316] the said J. E. h [...]s Executors, Administrators, or Assigns, shall demise, let, set, or Assign other the Premisses, or any part thereof, unto any person or persons whatsoever for all or any part of the said Term, without the special licence and consent of the said T.R. in that behalf first had and obtained in writing under his Hand and Seal, That then, & from thenceforth, it shall and may be lawful to and for the said T. R. and his Assigns, into the said Messuages or Tenements, and all and singular other the before leased Premisses, and into every part and parcel thereof, with their Appurtenances, wholy to re-enter, and the same to have again, retain, repossess, and enjoy as in his and their former Estate.

And the said J. E. his Executors, Administrators, and Assigns, thereout and from thence utterly to expel and put out, This Inden­ture or any t [...]ing herein contained to the contrary thereof in any wise notwithstanding.

Covenants to pay the Rent. And the said J. E. for himself, his Executors, Administrators, and Assigns, and for every of them, doth covenant, promise and grant, to and with the said T. R. his Executors▪ and Assign [...], and every of them, by these presents, That he the said J. E. his Executors, Ad­ministrators, and Assigns; or some of them, shall and will [...]rom time to time, during the said Term, well and truly pay, or cause to be paid to the said T. R. his Executors, and Assigns, the said yearly Rent or Sum of Two and twenty pounds, at the place of payment before mentioned, on the Feasts or Days of payment aforesaid, or within the said fourteen Days next ensuing any of the said Feasts or Days, by even and equal portions in manner and form aforesaid without farther delay.

Covenants to Repair. And the said J. E. for himself, his Executors, Administrators, and Assigns, and for every of them, doth farther covenant, promise, and grant, to and with the said T. R. his Executors, Administrators, and Assigns, by these presents, That he the said J.E. his Executors, Admini­strators, and Assigns, shall and will from time to time, and at all times hereafter, during the said Term, as often and whensoever need shall require, at his and their own proper Costs and Charges, shall and will well and sufficiently repair, uphold, keep, maintain and amend all and singular the said Messuages, or Tenements, and all the Barns, Stables and Buildings thereunto belonging, and all and singular other the Premisses with the Appurtenances, and every part and parcel thereof, and also all the Pales, Rails, Hedges, Ditches, Quicksets, and Fences whatsoever to the said Messuages or Tenements, Lands and Premisses, or any part thereof belonging or appertaining, in, by, and with all and all manner of needful and necessary Reparations and Amendments, And the same Premisses, and every p [...]rt and parcel thereof, well and sufficiently upheld, kept, maintained, and amended, Together with the Locks, Keys, Bolts, Staples, Latches, Hooks, Hinges, Windows, Doors and Glass of the same Premisses, at the end of the said Term, or other sooner Expiration or Determination of this present Lease, shall peaceably and quietly leave and yield up.

Lessor to enter with Work­men, and view. And also that it shall and may be lawful to and for the said T. R. and his Assigns or his or their Servant or Servants, with Workmen and others, in his or their Company, or without, twice in every year, during the said Term, or as often as he shall think sit at times conve­nient, [Page 317] to enter and come into, and upon the before leased Premisses, and every or any part thereof, To view, search, and see the Estate and Condition of the Reparations of the same.

And farther also, That he the said J. E. his Executors,Lessee to pay all Parish Du­ties. Administrators and Assigns, shall and will, from time to time, during the said Term, pay, bear, disburse and discharge all Church and Parish-Duties, Taxes, Assessments, and all other Charges and Payments whatsoever, where­with the said J.E. his Executors, Administrators and Assigns, shall or may be charged, or liable for them to pay during the said Term, as Tenant of the said Premisses, and of every, or any part thereof.

And it is agreed by and between the said Parties to these Presents, And the said T. R. for himself, his Executors, Administrators and Assigns, doth Covenant, promise and grant,Leave for the Lessee to lop Tree [...]. to and with the said J. E. his Executors, Administrators and Assigns, by these Presents, That it shall and may be lawful to and for him the said J.E. his Executors, Administrators and Assigns, at all seasonable and convenient times, during the said Term, to lop all such Trees growing, and being upon the Premisses, or any part thereof, as hath been heretofore lopt, (Except the row of Trees which now stand and grow upon the Pre­misses, betwixt the Church-style and the Field commonly called R. G. Field, and the Fruit-Trees in the said Orchard, which are not to be lopt, topt, fell'd, or grub'd by the said J. E. his Executors, Admini­strators or Assigns.)

And that he the said J.E. his Executors, Administrators and Assigns, (upon request to the said T.R.) during the said Term, shall have al­lowed unto him or them, at such time or times as there shall be need or occasion, such rough Timber growing on the Premisses,To have Rough Tim­ber for Re­pairs. as shall be needful to be used and employed in or about the Reparations of the Premisses, if it shall be there to be had.

And the said T. R. for himself, his Executors [...], Administrators and Assigns, doth further Covenant, promise and grant,Covenant peaceably to enjoy. to and with the said J. E. his Executors, Administrators and Assigns, by these Presents, That he the said J.E. his Executors, Administrators and Assigns, pay­ing the said yearly Rent or Sum of, &c. as it is herein and hereby re­served, and as the same ought to be paid, And doing and performing all the Covenants, Conditions, and Agreements in these Presents men­tioned or contained, which on his and their parts, are, or ought to be paid, done and performed, according to the true intent and meaning of these Presents, shall or may lawfully, quietly and peaceably have, hold, use, occupy, possess and enjoy the said Messuages, or Tenements and Premisses, and every part and parcel thereof, for and during the said Term herein before granted, without the Let, Suit, Trouble, Evi­ction, or Interruption of him the said T.R. or his Assigns, or any of them, or of any other Person or Persons whomsoever, lawfully claim­ing, by, from, or under him, them, or any of them. In witness, &c.

Letter of Attorney to receive and take possession of Lands.

TO all People to whom these Presents shall come, A. D. and J.H. send Greeting in our Lord God Everlasting. Know ye, That We the said A.D. and J.H. have constituted, appointed, and in our place and stead put A. and B. &c. and either of them joyntly and severally our true and lawful Attorney and Attorneys, joyntly and severally for us, and in our Names, place and stead to take and receive of and from L. W. of, &c. E.W. and J.L. or of and from their Attorney and Attorneys in that behalf lawfully Authorized, possession and seisin of All that the Mannor and Lordship of, &c. with the Rights, Mem­bers and Appurtenances thereof, &c. And all other the Lands, Tene­ments and Hereditaments whatsoever, which in and by one Inden­ture bearing even Date with these Presents, made, or mentioned to be made between the said Sir L.W. E.W. and J.L. of the one part, and W. S. and us the said A.D. and J.H. of the other part, are grant­ed, or mentioned to be granted by the said Sir L. W. E. W. and J. L. unto us the said A.D. and J.H. And such possession and seisin thereof so taken and had, to hold and keep to the use of us and our Heirs, according to the form, effect, and true meaning of the said Indenture. And whatsoever our said Attorney, or Attorneys, shall do in the Pre­misses, We the said A. D. and J. H. do and shall ratifie, confirm and allow, as fully, as if we our selves were present, and did the same in our own persons. In Witness, &c.

Letter of Attorney to deliver possession of Lands.

TO all People to whom these Presents shall come, L.W. E.W. and J. L. send Greeting in our Lord God Everlasting. Know ye, That We the said L. W. E.W. and J.L. have constituted, appointed, and in our place and stead put A. and B. &c. or either of them joyntly and severally, our true and lawful Attorney and Attorneys for us, and in our name, place and stead, to enter into, and have and take possessi­on and seisin of All that the Mannor and Lordship of, &c. with the Rights, Members and Appurtenances thereof, in the County of, &c. And all other the Lands, Tenements and Hereditaments whatsoever, which in and by one Indenture bearing even Date with these Presents, made, or mentioned to be made between us the said L.W. E.W. and J. L. of the one part, and W.S. A.D. and J.H. of the other part, are granted, or mentioned to be granted by us unto the said A.D. and J.H. and every part and parcel thereof, or any part or parcel thereof, in the name of the whole. And after such Entry so had and made, and possession and seisin so had and taken, as aforesaid, to deliver quiet [Page 319] and peaceable possession and seisin thereof unto the said A. D. and J.H. or to either of them, or to their or either of their Attorney or Attorneys, in that behalf lawfully authorized, To be had and held according to the tenor, form and effect of the said Indenture. And whatsoever our said Attorney or Attorneys, or either of them, shall do in the Premisses, We the said L. W. E.W. and J. L. do and shall hereby ratifie, confirm and allow, as fully as if we our selves had been present, and done the same in our own Persons. In witness, &c.

A Deed of Feoffment with several Covenants, and Letter of Attorney to deliver Possession.

THis Indenture, made, &c. Between H.W. of, &c. of the one part, and P. P. of the other part, Witnesseth, That the said H. W. for and in consideration of the Sum of, &c. of lawful Mony of Eng­land, to him in hand paid by the said P. P. at or before the Sealing and delivery of this present Indenture, That is to say, 620 l. thereof to the said H.W. and 380 l. residue thereof to H.E. of, &c. by the ap­pointment of the said H. W. The Receipt whereof accordingly the said H.W. doth hereby acknowledge, and thereof, and of every part and parcel thereof, doth clearly and absolutely acquit and discharge the said P.P. his Executors and Administrators for ever by these Pre­sents, Hath granted, bargained, sold, aliened, enfeoffed and confirmed, And by these Presents, for him and his Heirs, doth clearly and abso­lutely, grant, bargain, sell alien, enfeoff and confirm unto the said P.P. his Heirs and Assigns, All that Messuage,The Particu­lars must be compared with Leases. &c. with the Appurtenances situate, lying and being, in, &c. now, or late in the Tenure or Occupa­tion of, &c.

And also, all and singular other the Messuages, Houses, Dove­houses, Barns, Stables, Edifices, Buildings, Mills, Kills, Tofts, Crofts, Curtilages, Yards, Orchards, Gardens, Backsides, Lands, Tenements, Meadows, Leasows, Pastures, Feedings, Closes, Enclosures, Woods, Under-woods, Trees, Farms, Granges, Rents, Reversions, Annuities, Fee-farms, Rents and Services of Tenants and Farmors, Rents of Assize, Rents-seck, Quit-rents and Free-rents, Ways, Paths, Waters, Streams, Fishings, Fishing-places, Water-courses, Ponds, Pools, Motes, Meers, Warrens, Wasts, Commons, Furzes, Heaths, Moors, Common of Pasture and Turbary, Sheep-walks, Foldage and liberty of Fold-course, Suit, Mulcture, Perquisites and Profits of Courts and Leets.

And all other Liberties, Priviledges, Profits, Advantages, Easements, Hereditaments and Appurtenances whatsoever, to the said Messua­ges, Lands, Tenements and Premisses, or to any of them, or to any parcel of them, or any of them respectively, lying, being, belonging, or in any wise appertaining, or to or with the same, or within the same or any of them occupied, enjoyed, taken, had, or perceived or acce­pted, reputed, adjudged, deemed, or taken as part, parcel or member [Page 320] of the same, or any of them, or to belong or appertain thereunto, or to any of them. And all other the Lands, Tenements and Hereditaments, which now are, or at any time heretofore were the Lands, Tenements and Hereditaments of the said H W. in, &c.

And the said H. W. doth further by these Presents, for the conside­ration aforesaid, grant, bargain, sell, alien and confirm unto the said P. P. his Heirs and Assigns, the Reversion and Reversions,A Grant of the Reversion and Remain­der. Re­mainder and Remainders, of all and singular the said Messuages, Lands, Tenements, Hereditaments and Premisses hereby granted, bargained and sold, or meant, mentioned, or intended to be granted, bargained or sold, and of every part and parcel thereof. And all Rents, Services and Profits, to them, or any of them incident, be­longing or appertaining. And all Rents and yearly Profits, Reserva­tions and Services, reserved or payable, in, by or upon any Lease or Leases, Grant or Grants, had, made, or granted or mentioned to be made or granted of the Premisses hereby granted, or mentioned to be granted, or any of them. And also, all the Estate, Right, Title, Interest, Use, Possession, Property, Benefit, Trust, Claim and Demand whatsoever, of the said H.W. of, in, and to the said Messuages, Lands, Tenements, Hereditaments and Premisses whatsoever, hereby granted, bargained and sold, or mentioned or intended to be granted bargained, or sold, or any of them, and of, in, and to any part or parcel thereof. And all and every the Deeds, Writings, Evidences, Terrars, Rentals, Sur­veys, Boundaries, Counterparts of Leases, Fines, Chyrographes of Fines, Exemplifications of Fines and of Common Recoveries, and of other Records, Escripts and Miniments whatsoever, touching, or in any wise concerning the said Messuages, Lands, Tenements, Heredita­ments and Premisses whatsoever, hereby granted, or mentioned to be granted, or any of them, or any part or parcel thereof; Other than and except one Writing Indented, bearing date, &c. made by T. W. and R. W. then Son and Heir apparent of the said T. purporting a Feoffment or Grant of the said Lands and Premisses herein before granted, or mentioned to be granted to some of them, amongst other Lands, unto T.W. Brother of the said H. W. party to these Presents, and to his Heirs Males for life, with Remainder to the said H. W. in Tail. A true Copy of which said Writing fairly ingrossed in Parch­ment, and testified by sufficient Witnesses, is, at or before Sealing and Delivery of these Presents, delivered unto the said P. P. To have and to hold the said Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby granted, bargained and sold, or mentioned, or intended to be granted, bargained or sold, and every part and parcel thereof, with all and singular their, and every of their Appurtenances, unto the said P. P. his Heirs and Assigns, To the only use and behoof of the said P. P. his Heirs and Assigns for ever, absolutely, without any manner of Condition, Re­demption, or Revocation in any wise.

A Covenant of Warranty. And the said H.W. doth grant for him and his Heirs by these Pre­sents, That he and they shall and will warrant, and for ever defend unto the said P. P. his Heirs and Assigns, All and singular the said Messuages, Lands, Tenements, Hereditaments and Premisses, hereby granted and sold, and mentioned to be granted or sold, and every part and parcel thereof, with all and singular their, and every of [Page 321] their Appurtenances against all and every person and persons whatso­ever.

And the said H. W. for himself, his Heirs, Executors, Administra­tors, and Assigns, and for every of them, doth covenant, promise,Covenant that lawfully and rightfully sei­zed. and grant, to and with the said P. P. his, Heirs, and Assigns, by these presents, in manner and form following, That is to say, That he the sa d H W. at, and immediately before the sealing and delivery of this present Indenture, is the sole true and lawful Owner and Pro­prietor of the said Messuage, Lands, Tenements, Hereditaments, and Premisses hereby granted, or mentioned to be granted, and of eve­ry part and parcel thereof, with the Appurtenances, And is solely, lawfully, rightfully and absolutely seized thereof, and of every part and parcel thereof, of a good, pure, absolute, and indefeazi­ble Estate of Inheritance in Fee-simple, or Fee-tail without any man­ner of Condition, Contingent, Proviso, or Limitation of use or uses, or other restraint, matter, or things, to determine, alter, or Change the same.

And that he shall continue so seized thereof, and of every part and parcel thereof, untill a good, perfect, and absolute Estate in Fee-simple shall be thereof vested in the said P. P. and his Heirs, accor­ding to the intent and true meaning of these presents.

And that the said H. W. now hath good right, lawfull and absolute Power and Authority in himself, to bargain, sell, grant, alien, and convey all and singular the said Messuages, Lands, Tenements, He­reditaments, and Premisses hereby granted, or mentioned to be granted as aforesaid, and every part and parcel thereof, with the Appurtenances, unto the said P. P. his Heirs, and Assigns, in manner and form aforesaid.

And that the said P. P. his Heirs and Assigns, and every of them, shall, or lawfully may, from time to time, and at all and every time, and times hereafter, for ever, freely, quietly, and peaceably have, hold, occupy, possess, and enjoy all and singular the said Messuages, Lands, Tenements, Hereditaments, and Premisses hereby granted, or mentioned to be granted, and every part and parcel thereof, with all and singular their, and every of their Appurtenances, And all and every the Rents, Revenues, Issues, Profits, and Commodities thereof, and of every part and parcel thereof, coming, arising, and growing, have and take, without any manner of let, suit, trouble, vexation, eviction, disturbance, or other hindrance or molestation whatsoever, of the said H. W. his Heirs, or Assigns, and without the lawfull let, suit, trouble, eviction, or molestation of any other person or persons whatsoever, other then of the Persons and Lessees whose Estates and Interests are hereafter in these Presents excepted, for and in respect only of the said Estate and Interest so excepted, and not otherwise.

And also that the said Messuages, Lands, Tenements, Heredita­ments, and all and singular other the Premisses hereby granted, or mentioned or intended to be granted as aforesaid, and every part and parcel thereof, with all and singular their, and every of their Appurtenances, now are, and from henceforth for ever hereafter shall remain, continue, and be unto the said P. P. his Heirs and As­signs, clear and free, and freely, clearly, and absolutely acquitted, [Page 322] freed, exonerated, and discharged, of and rom all and all manner of former and other Bargains, Sales, Gifts, Grants, Feoffments, De­vises, Uses, Jointures, Dowers, Entails, Estates, Leases, Rights, Titles, Rents, Arrerages of Rents, Issues, Fines, Post-fines, A­merciaments, Debts, Duties, Judgments, Executions, Recogni­zances, Statutes, Merchants, and of the Staple, and all Debts of Record, Extents, Liberates, Seizures, Sequestrations, Decrees, Charges, Troubles, Forfeitures and Incumbrances whatsoever.

A recital of Leases for Lives. One Lease by Indenture bearing date &c. made or mentioned to be made by the said H. W. and M. his Wife, and Sir R. W. unto the said T. R. Of such of the Premisses as are herein before mentioned, to be in his Occupation for the Term of Fourscore and ninteen year [...], from the day of the date of the said Indenture, if the said T. R. J. R. and T.R. the younger, Sons of R. R. in the said Indenture named, or any of them, so long should happen to live, Under the yearly Rent of forty shillings payable, during all the said Term at such Days as is therein mentioned, and under such other Rents and services as are therein mentioned.

All which said several yearly Rents of forty shillings, &c. in the said several Indentures of Lease reserved, shall continue and become due and p [...]yable to t [...]e said P. P. his Heirs and Assigns, during the continuance of the said several Leases respectively.

Covenant to levy a Fine and suffer a Reco­very. And the said H. W. for himself, his Heirs, Executors, Admi­nistrators, and Assigns, and for every of them, doth Covenant, promise, grant, and agree to and with the said P. P. his Heirs, and Assigns, by these Presents, That he the said H. W. and E. his now Wife, and R. W. his Son and Heir apparent, shall and will, at the equal Costs and Charges in the Law of the said H. W. his H [...]irs or Assigns, and of the said P. P. his Heirs or Assigns, at the General Sessions now held, or next to be held, for the said County of [...]. ac­knowledge and levy in due form of Law, according to the Laws and Statutes of England, One Fine Sur Conusans de droit come ceo &c. to be engrossed, recorded, and sued forth, with Proclamations accor­ding to the Laws and Statutes of England in such case made, and pro­vided, and according to the usual course of Fines in the said County of C. in such case used, and accustomed, unto the said P. P. and his Heirs, Of all the said Messuages, Lands, Tenements, Heredita­ments, and Premisses whatsoever, hereby granted, or mentioned to be granted, and o [...] every part and parcel thereof, with their and every of their Appurtenances.

Whi [...]h Fine shall be and enure, and shall be adjudged, construed, expounded, deemed, and taken to be and enure, and is by these Pre­sents, and by the said Parties to these Presents, declared and agreed to be and enure, To the only proper use and behoof of the said P. P. and his Heirs and Assigns for ever, and to none other use, intent, or purpose.

And it is further covenanted, concluded, and agreed by and be­tween the said Parties to these Presents, That after the said Fine so levied as aforesaid, One Recovery in the nature of a Common Reco­very for assurance of Lands in the said County of C. shall in due form of Law, and at the equal Costs and Charges of the said H. W. or his Heirs, and P. P. or his Heirs, be had, executed and perfected against [Page 323] him the said P. P. of all the said Messuages, Lands, Tenements, He­reditaments and Premisses whereof the said Fine shall be levied as a­foresaid; In the proceedings for which Recovery the said H. W. shall appear as Vouchee.

And the said H. W. for himself, his Heirs, Executors, and Admini­strators, doth covenant, grant, and agree to and with the said P. P. his Heirs and Assigns by these Presents, That he the said H. W. and his Heirs, shall and will at the next great and general Sessions to be held for the said County of C. after the Date hereof, do and suffer to be done, All and every such Act and Acts, whereby a Common Reco­very, according to the usual Course of Common Recoveries for Assu­rance of Lands and Tenements in the said County of C. shall and may be had, prosecuted, executed, and perfected upon a Writ of Entry, or other Writ of that nature, to be had and brought in the Name of some person or persons in that behalf to be nominated by the said P.P. against the said P. P. and his Heirs, of the said Messuages, Lands, Tenements, Hereditaments, and Premisses, with their and every of their Rights, Members, and Appurtenances, intended to be comprised in the said Fine, with Voucher over of the said H. W. as a [...]or [...]said, The said Fine and Recovery, and every of them, to be by such Name and Names, quantity and number of Acres, and with such Voucher or Vouchers over, and in such manner and form as by the said P. P. his Heirs or Assigns, or his or their Counsel Learned in the Law, shall be reasonably devised or advised and required.

And the sa d H. W. for himself, his Heirs, Executors, Administra­tors, and Assigns, and for every of them, doth further covenant, promise, and grant to and with the said P. P. his Heirs and Assigns, and every of them by these Presents, That he the said H W. and the said E. his Wife, and R. W. his Son and Heir apparent, and the Heirs and Assigns of t [...]e said H. W. and all and every other person and persons whatsoever, having or lawfully claiming, or which shall or may at a­ny time or times hereafter, have or lawfully claim any Estate, Right, Title, or Interest, of, in, or to the Premisses hereby granted, or men­tioned to be granted, or of, in, or to any part or parcel thereof (other then the Persons and Lessees, and their Assigns, whose Estates and In­terests are be [...]ore in these Presents excepted, for and in respect only of the same Estates and Interests so excepted) shall and will from time to time, and at all and every time and times hereafter within the space of Seven years next ensuing the Date of this present Indenture, At and upon the reasonable request of the said P. P. his Heirs and Assigns, or some of them, and at the equal Costs and Charges in the Law of the said H. W. his H [...]irs or Assigns, and of the said P. P. his Heirs or Assigns, do make, levy, execute, acknowledge, and suffer and cause to be done, made, levied, executed, acknowledged and suffer­ed, All and every such further and other reasonable act and acts, thing and things, Conveyances and Assurances in the Law whatsoever, for the further, better, and more perfect Assurance, Surety, Sure-making, Conveying, Setling, Establishing, or Confir­mation of the said Messuages, Lands, Tenements, Heredita­ments, and all and singular other the Premisses hereby granted, or mentioned to be granted, or any of them, and of every or any part or parcel thereof, with all and singular their, and every or any of [Page 324] their Appurtenances, unto the said P. P. his Heirs and Assigns, Be it by Fine or Fines, Feoffment or Feoffments, Deed or Deeds, indent­ed or poll, enrolled or not enrolled, Common Recovery, or Recove­ries with single, double, or treble Voucher or Vouchers, Release or Confirmation, or by all and every, or any of the said ways and means, or by any other ways and means in the Law whatsoever, as by the said P. P. his Heirs or Assigns, or by his or their Counsel Learned in the Law, shall be reasonably devised, advised, or required.

A declaration of the Uses. And it is hereby covenanted, granted, concluded and agreed by and between the said Parties to these Presents, for them and their Heirs, And they do hereby publish and declare, That the said Common Re­covery herein before covenanted to be had and executed against the said P. P. and all and singular other Fine and Fines, Common Re­coveries, and further Assurances and Conveyances whatsoever herein before covenanted to be made, done, levied, executed, or acknow­ledged, and every of them, And all and every other Fine and Fines, Recovery and Recoveries, and other Assurance and Assurances what­soever of the said Premisses hereby granted, or mentioned to be grant­ed, and every or any part or parcel thereof, hereafter to be had, made, levied, executed, or acknowledged between the said Parties to these Presents, or any of them, or whereunto they, or any of them shall be Party or Parties, shall be and enure, and shall be construed, ex­pounded, adjudged, deemed, and taken to be and enure.

And that all and every Person and Persons which now stand and be seized, or which shall at any time or times hereafter stand and be seiz­ed of the Premisses hereby granted, or mentioned to be granted, or of any part or parcel thereof, shall stand and be seized thereof and of e­very part and parcel thereof, To the only proper use and behoof of the said P. P. his Heirs and Assigns for ever, and to none other use, intent, or purpose in any wise whatsoever.

And for the better Execution of these Presents, the said H. W. hath constituted, appointed, and in his place and stead put, And by these Presents doth constitute,Letter of At­torney to de­liver Possessi­on. appoint, and in his place and stead put P. H. and S. H. and either of them jointly or severally, his true and lawful Attorney and Attorneys, for him, and in his name, place and stead, to enter into the said Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby granted, or mentioned to be granted, or any part or parcel thereof in the name of the whole, and quiet and peaceable possession and seizin thereof, and of every part and parcel thereof, or of any part or parcel thereof in the name of the whole, for and in the name of the said H. W. to have and take, And after such Entry had and made, and Possession and Seisin so had and taken as aforesaid, to deliver quiet and peaceable Possession and Seisin thereof, and of every part and parcel thereof, or of any part or parcel thereof in the name of the whole, unto the said P. P. or to his cer­tain Attorney or Attorneys in that behalf lawfully authorized to take and receive the same, To be had and held according to the tenor, form, and effect of these Presents, And whatsoever the said Attorney or Attorneys of the said H. W. shall do in the Premisses, he the said H. W. doth and shall hereby ratifie, confirm, and allow as fully as if the said H. W. had been present, and done the same in his own person. In witness &c.

A Lease for Fourscore years, if T.R. live so long, in trust for a mans self.

THis Indenture made &c. Between T. R. of &c. of the one parr, And T. J. of &c. and E. R. of &c. of the other part, Witnesseth, That the said T. R. for and in consideration of the Sum of Five shillings of lawful Money of England to him in hand paid by the said [...] at and before the Sealing and Delivery of this present In­denture, the Receipt whereof he the said T. R. doth hereby acknow­ledge, And for divers other good Causes and Considerations him mo­ving, Hath demised, granted, bargained and sold, and by these Pre­sents doth demise, grant, bargain, and sell unto the said [...] All that Messuage or Tenement, with the Appurtenan­ces, situate, lying, and being &c. late in the Tenure or Occupation &c. and all the Land and Pasture Ground to the said Messuage or Tene­ment belonging, or therewith usually letten, occupied, or enjoyed, containing by estimation Eighteen Acres, more or less; And also all Houses, Edifices, Buildings, Barns, Stables, Yards, Gardens, Or­chards, Ways, Paths, Easments, Liberties, Priviledges, Immunities, Profits, Commodities, Common of Pasture, Emoluments, Advanta­ges, Hereditaments, and Appurtenances whatsoever to the said seve­ral Tenements and Premisses, or any of them respectively belonging, or in any wise appertaining, or to or with the same, or any of them, used, occupied, enjoyed, taken, had or perceived, or occupied, re­puted, accepted, adjudged, deemed, or taken, a part or parcel thereof, or of any of them, or to belong or appertain thereunto, or to any of them; And also all other the Messuages, Lands, Tenements, and Hereditaments whatsoever, in or near the Parish o [...] L. aforesaid, which at any time heretofore were the Inheritance of M. the late Wife of the said T. R. and wherein the said T. R. hath any Estate for his Life by the Courtesie of England, or otherwise,Habend. To have and to hold the said Messuages, Lands, Tenements, and all and singular other the Hereditaments and Premisses whatsoever hereby demised, or menti­oned to be demised, with their and every of their Appurtenances unto the said [...] their Executors, Administrators, and Assigns, from the Feast of &c. now last past, before the Date hereof, unto the full end and term of Fourscore years from thenceforth next en­suing, fully to be compleat and ended, if the said T. R. shall so long live, Upon special trustTrust. and confidence nevertheless. And to the intent that these Presents, and the Estate hereby made shall attend and wait upon the Freehold and Inheritance of the same Premisses, the said T R. intending shortly to purchase the Inheritance of the same Premisses, and to have the same conveyed to him and his Heirs. In witness whereof &c.

Articles of Agreement upon Marriage to convey Lands, and Leave the third part of the Per­sonal Estate, to the Wife.
Articles of Agrement indented, made, concluded, and agreed upon the [...] day of &c. in the year of our Lord God &c. Between Sir G. S. of &c. of the one part, And R. H. of the other part. That is to say,

IN consideration of a marriage, by the Grace of God, intended to be shortly hereafter had and solempnized between the said R. F. of the one party, and M. S. youngest Daughter of the said Sir G. S. of the other part, And of the Sum of &c. of lawfull Money of England, to him the said R. H. at and before the sealing and delivery of these present Articles by the said Sir G. S. in hand paid, or secured to be paid, by the said Sir G. S. for the Marriage Portion of the said M. the receipt whereof accordingly the said R. H. doth hereby acknowledge, and therewith himself to be fully satisfied and contended, He the said R. H. doth for himself, his Heirs, Executors, Administrators, and Assigns, and for every of them covenant, promise, and grant, to and with the said Sir G. S. his Executors, and Administrators, by these Presents, That he the said R. H. shall and will, by Deed or Deeds executed in his life-time, or by his last will and Testament in writing, well and sufficiently convey, settle, or bequeath unto or upon the said M. S. in case she shall happen to survive him the said R.H. one full third part of all such Goods and Chattels, both Real and Perso­nal, as he the said R. H. or any other person or persons to his use, or in trust for him, shall have at the time of his Decease, and also one full third part of all such Debts, as at the time of the Decease of the said R.H. shall be owing unto him the said R.H. unto or any other person or persons in trust for him.

And farther also, That he the said R. H. shall and will also, by Deed or Deeds executed in his life-time, or by his last Will and Testament in writing, or otherwise, well and sufficiently convey and assure, or cause to be conveyed and assured, unto her the said M. S. or to her use, for and during all the Term of her natural Life, one full third part of all such Lands, Tenements, and Hereditaments, whereof he the said R. H. or any other person or persons in trust for him, or to his use, shall at any time during the Coverture between him and the said M. stand or be seized of any Estate of Inheritance, unless it be in case of Mortgage made to, or in trust for the said R.H. which shall be redeemed, and the Moneys thereupon due, paid in before his De­cease.

And further also, That she the said M. in case she shall happen to survive the said R. H. shall and may by force and vertue of some law­ful Assignment, Gift, Bequest, or of other lawful ways or means procured, made, executed, or done by the said R. H. in his Life-time, [Page 327] have and enjoy all, and every such further and other advantages and emoluments whatsoever out of, and by the Estate of the said R. H. her intended Husband, and the value thereof, as by any Law, Usages, or Custom of the City of London, or otherwise she might or ought to have, if the said R. H. now were, or at the time of his Decease, should be a Citizen and freeman of the City of London. In witness whereof &c.

A Letter of Attorney to take an Assignment.

TO all People to whom this present Writing shall come, I T. R. of L. &c. send Greeting, Know ye, That I the said T. R. have made, constituted, appointed, and in my place and stead put C. D. my true and lawful Attorney for me, and in my name, place, and stead to receive and take, at and from the hand of H. D. of &c. or the hand of his Attorney or Attorneys by him appointed to deliver the same as the Act and Deed of him the said H. D. one Writing indented, bear­ing even Date with these Presents, purporting a Bargain, Sale, and Assignment made by the said H. D. unto me, of a parcel of Pasture Ground called &c. and of divers other Lands, Tenements, and Here­ditaments therein mentioned, lying and being in &c. which were here­tofore to the said H. D. demised by J. L. for a Term of years yet en­during; which said Writing it is intended shall be delivered unto me, or my Attorney appointed to receive the same, upon the said Lands and Premisses therein mentioned to be bargained, sold, and assigned, or upon some part thereof. In witness &c.

A Mortgage for Five hundred years, with several Covenants.

This Indenture made &c. Between J. B. and J. B. of the one part, And E. B. of &c. of the other part, Witnesseth, That the said J. B. and J. B. for and in consideration of the Sum of One hun­dred twenty and five pounds of lawful Money of England, to them in hand paid by the said E. B. at or before the Sealing and Delivery of this present Indenutre, the Receipt whereof the said J. B. and J. B. do hereby acknowledge, And thereof, and of every part and parcel thereof, do clearly and absolutely acquit, exonerate, and discharge the said E. B. her Executors and Administrators for ever, by these Pre­sents, Have demised, granted, bargained and sold, And by these Pre­sents do demise, grant, bargain, and sell unto the said E. B. her Exe­cutors [Page 328] and Administrators, All that great Messuage or Tenement, with the Appurtenances, commonly called or known by the name of S. situate, lying, and being &c. And all those two little Messuages and Tenements, with their Appurtenances, lying and being on the back­side of the great Messuage and Tenement; And all Houses, Orchards, Yards, Gardens, Backsides, Lights, Easments, Waters, Ways, Profits, Commodities, Advantages, Emoluments, Hereditaments and Appurtenances whatsoever, to the said Messuages and Tenements, or any of them, belonging, or any wise appertaining, or therewithal commonly used, occupied or enjoyed, as part, parcel, or member thereof.

And the Reversion and Reversions, Remainder and Remainders, of all and singular the Premisses, with their Appurtenances, To have and to hold the said Messuages,Habend. Tenements, and Premisses, with their Appurtenances, unto the said E. B. her Executors, Administrators, and Assigns, for and during the Term of Five hundred years from henceforth next ensuing, and fully to be compleat and ended.

Proviso for payment of the principal Mo­ney at a day certain, and the Interest half yearly. Provided always, and upon this Condition nevertheless, That if the said J. B. and J. B. or either of them, their, or either of their Heirs, Executors, Administrators, or Assigns, or any of them, do and shall well and truly pay, or cause to be paid unto the said E.B. her Executors, Administrators, or Assigns, or any of them, At or in the now dwelling House of her the said E. B. situate &c. the full Sum of One hundred twenty and eight pounds and fifteen shillings of lawful Money of England, in Gold or Silver, upon the [...] Day of &c. which shall be in the year of our Lord God &c. And also the full Sum of Three pounds and fifteen shillings of like Money every half year, viz. upon &c. The first of the said half yearly Payments to be made on the [...] Day of &c. And all the said Payments to be made at the place of Payment before mentioned, fully and entirely, and without any Abatement, Deduction,Without de­duction for Taxes. or Defalcation of any thing, for or in respect of any Taxes, Charges, Payments, or Assessments issuing out of, or charged or imposed upon, or to be issuing out of, or charged or imposed upon the said Messuages, Tenements, and Premis­ses, or any part or parcel thereof, or upon the said several Sums of Money, or any part thereof, or by reason thereof, by any Order, Ordi­nance, or Act or Acts of Parliament, or otherwise, howsoever, That then, from, and immediately after the said last Payment made, this present In­denture, and all and every the Term and Estate thereby made and gran­ted, or mentioned to be made or granted, shall cease, determine, and be­come and be void, frustrate, and of none effect to all intents and pur­poses.

Covenant to pay the Money at the time and place, without A­batement of Charges. And the said J. B. and J. B. for themselves, their Heirs, Execu­tors, Administrators, and Assigns, and for every of them, do cove­nant, promise, and grant, to and with the said E. B. her Executors, Administrators and Assigns, by these Presents, That they the said J. B. and J. B. or one of them, their, or one of their Heirs, Exe­cutors, Administrators, or Assigns, shall and will, without any Defal­cation, Deduction, or Abatement of any thing, for or in respect of a­ny Taxes, Charges, Payments or Assessments as aforesaid, well and truly pay, or cause to be paid unto the said E. B. her Executors, Admi­nistrators, or Assigns, or some of them, at the place of Payment be­fore [Page 329] mentioned, the said Sum of One hundred twenty and eight pounds and fifteen shillings of lawful Money of England, in Gold or Silver, upon the said [...] Day of &c. And also the full Sum of Three pounds and fifteen shillings of like Money every half year, viz. upon &c. The first of the said half yearly Payments to be made on &c.

And the said E. B. for herself, Executors, Administrators,Covenant peaceably to enjoy till for­feiture. and Assigns, and for every of them, doth covenant, promise, and agree, to and with the said J. B. and J. B. their Heirs and Assigns, by these presents, That until some Default shall be made of or in payment of the said Moneys herein before covenanted to be paid, or of some part thereof, she the said E. B. her Executors, Administrators, and Assigns, shall and will permit and suffer the said J. B. and J. B. their Heirs and Assigns, peaceably and quietly to have, hold, and enjoy the said Messuages, Tenements, Hereditaments, and all and singular other the Premisses hereby demised, or mentioned to be demised, with their and every of their Appurtenances, and the Rents, Issues, and Pro­fits of them, and every of them, to their own use and uses, without the let, suit, trouble, interruption, eviction, or ejection of her the said E. B. her Executors, Administrators, or Assigns, and without any Accompt to be given unto her the said E. B. her Executors, Ad­ministrators, or Assigns, for or concerning the same.

And the said J. B. and J. B. for themselves, their Heirs,Covenant good right and authority to sell. Execu­tors, Administrators, and Assigns, and for every of them, do jointly and severally covenant, promise, and grant to and with the said E. B. her Executors, Administrators, and Assigns, by these Pre­sents, That they the said J. B. and J. B. have, or one of them hath good Right, lawful and absolute Power and Authority in themselves, or in one them, to demise, grant, bargain, and sell the said Messuages, Tenements, Hereditaments, and all and singular other the Premisses hereby demised or mentioned to be demised, and every part and parcel thereof, with their and every of their Appur­tenances, unto the said E. B. her Executors, Administrators, and As­signs, for and during all the said Term of Five hundred years, and in manner and form aforesaid.

And that if Default shall happen to be made of, or in Payment of the said Moneys herein before covenanted to be paid, or of any part thereof, at any of the times herein before limited for payment there­of, That then, and from thenceforth,Upon forfei­ture of pay­ment to enter and quietly enjoy. it shall and may be lawful to and for the said E. B. her Executors, Administrators, and Assigns, into all and singular the Premisses, and into every part and parcel thereof to enter, and the same from thenceforth, for and du­ring all the then rest and residue of the said Term of Five hundred years, peaceably and quietly to hold and enjoy, and all and every the Rents, Revenues, Issues, Profits, and Commodities thereof, and of every part and parcel thereof, coming, arising, and grow­ing, to have and take, without any manner of denial, let, suit, trouble, hindrance, interruption, eviction, or ejection of or by the said J. B. and J. B. or either of them, their, or either of their Heirs or Assigns, and without the lawful let, suit, trouble, inter­ruption, eviction, or ejection, of or by any other person or persons whatsoever, And free and clear, and freely, clearly and absolute­ly [Page 330] acquitted, freed, exonerated, and discharged of and from all, and all manner of former, and other Bargains, Sales, Gifts, Grants, Jointures, Dowers, Entails, Leases, Mortgages, Estates, Titles, Rents, Arrerages of Rents, Judgments, Statutes, Recognizan­ces, Debts, Executions, Extents, Troubles, Forfeitures, Seque­strations, Seizures, Decrees, Charges, and Incumbrances whatso­ever; Saving and except One Lease by Indenture bearing Date &c. made &c. of the said Messuages, Tenements, and Premisses, for the Term of One and twenty years from the Feast &c. Under the yearly Rent of &c. yearly payable, during the said Term.

Which said Rent of &c. from and after Default of payment of any of the said Sums of Money above mentioned, shall continue due and payable unto the said E. B. her Executors, Administrators, and Assigns, yearly, during the then rest and residue of the said Term of &c.

Covenant after Default of pay­ment to make farther Assu­rances. And the said J. B. and J. B. do further also by these Presents for themselves, their Heirs, Executors, Administrators, and Assigns, covenant, promise, and agree to and with the said E.B. her Executors, Administrators, and Assigns, That if any Default shall happen to be made of, or in payment of the said Moneys, or any part thereof, herein before covenanted to be paid at any of the Days herein before appointed for payment thereof, That then at any time after such Default made, They the said J. B. and J. B. their Heirs, and Assigns, and all and every other person and persons, any Estate having, or law­fully claiming, of, in, to, or out of the said Messuages, Tenements, Hereditaments, and Premisses (other then the Persons and Lessees, whose Estate and Interests are herein before excepted, for and in res­pect only of the same Leases and Estates so excepted, and not other­wise) shall and will at the reasonable request and proper Costs and Charges in the Law of the said E.B. her Executors, Administrators, or Assigns, make and do all and every such Act and Acts for the fur­ther, better, and more perfect assuring and conveying of the said Messuages, Tenements, Hereditaments, and all and singular other the Premisses, with their and every of their Appurtenances unto the said E. B. her Executors, Administrators, and Assigns, for and du­ring the Term hereby granted, or mentioned to be granted, Be it by Fine or Fines, Sur Concessit, or Sur conusans de droit, Deed or Deeds, Recovery or Recoveries, with single, double or treble Voucher or Vouchers, Release or Confirmation, or by all and every, or any of the said ways and means, or by any other ways and means in the Law whatsoever, as by the said E. B. her Executors, Administrators, or Assigns, or by her or their Counsel learned in the Law shall be reasonably devised, advised, or required, In witness &c.

A Deed of Settlement of an Estate for several uses.

THis indenture made &c. Between P. P. of the one part, And Sir H. P. Baronet, and Sir H. P. of &c. of the other part, Witnesseth, That the said P. P. for and in consideration of the Sum of Five shillings of lawful Money of England, to him in hand paid by the said Sir H. P. and Sir H. P. at or before the Sealing and Delivery of this Present Indenture, the Receipt whereof the said P. P. doth hereby acknowledge, Hath granted, released, and confirmed, And by these Presents doth grant, release, and confirm unto the said Sir H. P. and Sir. H. P. their Heirs and Assigns, All that Rent of One hundred and fifteen pounds, be it more or less, arising out of the Mannor of H. in the County of B. And all other Rent or Rents what­soever of the said P. P. arising and growing out of the aforesaid Mannors of H. which was late in the Tenure or Occupation of Sir H. S. deceased, or his Under-tenants, Of which said Rent or Rents, the said Sir H. P. and Sir H.P. are now in full Possession, by force and virtue of a Bargain and Sale thereof to them made by the said P.P. for the Term of a year, from the First day of this Instant [...] by Indenture bearing Date the Day next before the Day of the Date hereof, and by force and virtue of the Statute for transferring Uses into Possession,Habend. To have and to hold the said Rent or Rents unto the said Sir H. P. and Sir H. P. their Heirs and Assigns for ever, To the several uses herein after mentioned and expressed.

And this Indenture further witnesseth, That for divers good Cau­ses and Considerations the said parties hereunto moving, It is hereby covenanted, granted, concluded, and agreed by and between the said Parties to these Presents, for them and their Heirs, And the said P. P. for him and his Heirs, doth covenant and grant, to and with the said Sir H. P. and Sir H. P. their Heirs, Executors, and Ad­ministrators by these Presents, That he the said P. P. shall and will before the end of Trinity Term now next ensuing the Date hereof, acknowledge and levy in due form of Law, according to the Laws and Statutes of England One Fine Sur Conusans de droit come ceo &c. to be engrossed, recorded, and sued forth with Proclamations, ac­cording to the Statutes in that case made and provided, and the usual course of Fines with Proclamations in such cases used unto the said Sir H. P. and Sir H. P. and their Heirs, or to them and the Heirs of one of them, or to the Survivor of them and his Heirs, Of all those the Mannors of D. and B. in the County of B. with their, and either of their Rights, Members, and Appurtenances, And of all that Farm called &c. situate &c. now or late in the Tenure &c. And of all other the Messuages, Lands, Tenements, and Hereditaments, whatsoever, whereof or wherein he the said P. P. hath any Estate of Inheritance whatsoever, in Possession, Reversion, or Remainder, situate, lying, and being in D. B. in the said County of B. or any of them, By such apt and convenient name and names, numbers of Messuages, and Acres, [Page 332] quantities and qualities of Land, and other things, as shall be fit and requisite.

And it is further covenanted, concluded, declared, and fully, a­greed, by and between all the said Parties to these Presents, for them and their Heirs, And it is their true intent and meaning, That the said Fine herein before covenanted to be levied, and the Execution thereof, and these Presents, and the Grant, Release, and Convey­ance herein contained, and every of them shall be and enure, and shall be adjudged, construed, expounded, deemed, and taken to be and enure, and is, and are by these Presents, and by all the said Parties to these Presents, declared and agreed to be and enure To the several uses herein after mentioned and expressed, That is to say To the use and behoof of the said P. P. for and during the Term of his natu­ral life without impeachment of or for any manner of wast, And from and immediately after his decease, Then as for and concerning the said Water-corn Miln, with the Lands and Appurtenances thereunto be­longing or therewith occupied, in the Parish of B. aforesaid now or late in the Tenure &c. To the use and behoof of C. P. fourth Son of the said P. P. and of the Heirs and Assigns of the said C. P. for ever.

And as for and concerning the said Rent of One hundred and fifteen pounds, be it more or less, and all other Rent or Rents whatsoever, of the said P. P. arising and growing out of the aforesaid Mannor of H. To the use and behoof of P. P. Wife of the said P. P. for and du­ring the Term of her Natural Life for her Jointure, and in full recom­pence, lieu, and satisfaction of all the Dower which she may, or o­therwise might have, claim challenge, or demand, in all or any the Lands, Tenements, or Hereditaments of the said P. P.

And as for and concerning the same Premisses so limited as aforesaid for the Jointure of the said P. from and immediately after the Decease of the survivor of them the said P. P. and P. his Wife, as also for and concerning the said Mannors of D. and B. with their and either of their Rights, Members, and Appurtenances, and all and singular other the Premisses whatsoever herein before setled or limitted in use to the said P. P. other then the said Water-corn Miln, and Premisses li­mited in use to the said C. P. and his Heirs from and immediately af­ter the Decease of the said P. P. To the use and behoof of the said Sir H. P. their Executors, Administrators, and Assigns, for and during the Term of Seven years, to be accompted from the death of the said P. P. and from thenceforth next ensuing and fully to be compleat and ended.

Nevertheless upon such Trusts and Confidences as are herein after mentioned and expressed concerning the same Term and Estate, And from and after the expiration or other determination of the said Term Seven years To the use and behoof of R. P. eldest Son and Heir Appa­rent of the said P. and the Heirs Males of the Body of the said R. law­fully issuing.

And for default of such Issue, To the use and beehoof of H. P. se­cond Son of the said P. P. and the Heirs Males of the Body of the said H. lawfully issuing, And for default of such Issue, To the use and behoof of P. P. third Son of the said P. P. party to these Presents and the Heirs Males of the Body of the said P. P. the Son lawfully issuing; And for default of such Issue, To the use and behoof of the said C. P. [Page 333] fourth Son of the said P. P. Party to these Presents, and the Heirs Males of the Body of the said C. P. lawfully issuing, And for default of such Issue, To the use and behoof of the Fifth Son of the said P.P. Party to these Presents, and the Heirs Males of the Body of such Fifth Son lawfully issuing, And for default of such Issue, To the use and behoof of the Sixth Son of the said P.P. Party to these Presents, and the Heirs Males of the Body of such Sixth Son lawfully issuing; And for de­fault of such Issue, To the use and behoof of the Seventh, Eighth, Ninth, Tenth and all other the Sons of the said P. P. Party to these Presents, severally, successively, and respectively one after another, in order and course as they shall be in order and seniority of Age, and priori­ty of Birth and the several and respective Heirs Males of their Se­veral and respective Bodies, lawfully issuing, Every elder of the said Sons, and the Heirs Males of his Body, being ever preferred before the younger of the said Sons, and the Heirs Males of their Body; And for default of such Issue, To the use and behoof of the right Heirs of the said P. P. Party to these Presents for ever.

And it is hereby declared, meant, and agreed, by and between all and every the said Parties to these Presents, and the true intent and meaning of them and every of them, and of these Presents is, That the Use and Estate herein before limited unto the said Sir H.P. and Sir H. P. their Executors, Administrators, and Assigns, for the said Term of Seven years so made unto them, is upon special trust and confidence, and to the intent and purpose that they the said Sir H. P. and Sir H. P. their Executors, Administrators, and Assigns, shall and may, by, with, and out of the Rents, Issues, and Profits of the Premisses so limited unto them, for the aforesaid Term levy and ra [...]se the Sum of Two thousand and five hundred pounds, of lawful Money of England, or so much thereof as shall be appointed by the said P. P. as is herein after mentioned, or in Default thereof at the discre­tion of the said Sir H. P. and Sir H. P. or the Survivor of them or the Executors or Administrators of the Survivor of them shall be thought fit to set and employ, and dispose of the same for the Por­tion or Portions of all, or so many of the Daughters and younger Sons of the said P. P. Party to these Presents, as he shall direct and ap­point, and in such proportions and in such sort, as he the said P.P. shall by his last Will and Testament in Writing, or by any Writing or Writings by him signed and sealed, in the Presence of two or more credible Witnesses, direct and appoint.

And in default of such appointment, shall pay and dispose the said Sum of Two thousand pounds or such part thereof as shall be raised as aforesaid, to and amongst such of the Children of the said P. P. Party to these Presents, and in such proportions, and in such sort, as they the said Sir H.P. and Sir H.P. the Survivors of them or the Executors or Administrators of the Survivor of them shall think fit, and for no more nor otherwise

And that after the said Sum of Two thousand five hundred pounds, or such part thereof as aforesaid, shall be levied and raised, together with all Charges in or about the levying or raising thereof, they the said Sir H. P. and Sir H. P. their Executors, Administrators, and Assigns, shall permit and suffer, all the Rents, Issues, and Profits of all and singular the said Premisses, to be received, taken, and had by the [Page 334] said R. P. or such other person or persons, to whom the next and im­mediate Estate, of and in the Premisses expectant upon the determi­nation of the said Term of Seven years, shall by the true intent and meaning of these Presents belong or appertain.

Proviso to have liberty to let Leases for 21 years. Provided always, and it is hereby declared meant and agreed, by and between all and every the said Parties to these Presents, and the true intent and meaning of them, and every of them, and of these Presents is, That the said P. P. Party to these Presents, shall have full liberty, power, and Authority, And that it shall and may be lawfull, to and for him the said P. P. from time to time, and at all times, during his life, by any Writing or Writings, under his own proper Hand and Seal to be subscribed and Sealed in the presence of two or more credible Witnesses, to demise, grant, or lease to any person or persons whatsoever, for the Term of One and twenty years or under, from the making of the same, all or any part or parts of the said Mannor, Lands, Tenements, Hereditaments, and Premis­ses, So as every such Lease or Leases be made in Possession, and not in Reversion, and so as upon every such Lease or Leases, there shall be reserved to continue payable, during the continuance of the re­spective terms thereby granted, the greatest improved yearly Rent that can, or may reasonably be had for the same. In witness, &c.

A Bargain and Sale of a Messuage and Lands for One year.

THis Indenture made &c. Between H. G. of &c. of the one part and T. R. of &c. of the other part, Witnesseth, That the said H. G. for and in consideration of the Sum of Five shillings of lawful Money of England to him in hand paid by the said T. R. at or before the Sealing and delivery of this present Indenture, the Receipt where­of he the said H. G. doth hereby acknowledge, Hath bargained and sold, and by these Presents doth bargain and sell unto the said T. R. All that Messuage or Tenement, with the Appurtenances, situate &c. late in the Tenure &c. and all the Land and Pasture Ground to the said Messuage or Tenement belonging, or therewith usually letten, occupied or enjoyed, containing by estimation &c. more or less; Also all Houses, Edifices, Buildings, Barns, Stables, Yards, Gardens, Or­chards, Ways, Paths, Easments, Liberties, Priviledges, Immunities, Profits, Commodities, Common of Pasture, Emoluments, Advanta­ges, Hereditaments, and Appurtenances whatsoever to the said seve­ral Tenements and Premisses, or any of them respectively belonging or in any wise appertaining, or to or with the same, or any of them, used, occupied, enjoyed, taken, had or perceived, or accompted, re­puted, accepted, adjudged, deemed, or taken as part or parcel there­of, or of any of them, or to belong or appertain thereunto, or to a­ny of them.

And also all other Messuages, Lands, Tenements, and Heredita­ments [Page 335] whatsoever, of him the said H. G. or whereof or wherein he now hath, or ever had any manner of Estate in Possession, Reversion, Remainder, or otherwise, situate &c. or to be received, had, or ta­ken in the said Parish of &c. with all and singular their, and every of their Appurtenances.

And also the Reversion and Reversions, Remainder and Remain­ders, of all and singular the said Messuages, Lands, Tenements, He­reditaments and Premisses whatsoever, hereby bargained and sold, or mentioned to be bargained and sold, and of every part and parcel thereof, And all Rents, Services and Profits thereto incident or be­longing.

To have and to hold the said Messuages, Lands, Tenements, and all and singular other the Hereditaments and Premisses whatsoever hereby bargained and sold, or mentioned to be bargained and sold, with all and singular their and very of their Appurtenances unto the said T. R. his Executors and Administrators, from the first Day of &c. unto the full end and term of One whole year from thence next ensuing, ful­ly to be compleat and ended. In witness whereof, &c.

A Lease for a Year.

THis Indenture made &c. Between H. H. Sir W. P. Sir R. O. of the one part, and R. M. of the other part, Witnesseth, That the said H. H. Sir W. P. and Sir R. O. for and in Consideration of the Sum of Five shillings of lawful Money of Eng­land, to them in hand paid by the said R. M. at or before the Sealing and Delivery of this present Indenture, the Receipt whereof they the said H. H. Sir W. P. and Sir R. O. do hereby acknowledge, Have bar­gained and sold, and by these Presents do bargain and sell unto the said R. M. All that the Mannor and Lordship of F. with the Rights, Members and Appurtenances thereof, in the County of E. And also all that the Rectory or Parsonage of F. with the Rights, Members and Appurtenances thereof &c.

And also the Reversion and Reversions, Remainder and Remain­ders of all and singular the said Mannor, Lordship, Rectory, Advow­son, Messuages, Lands, Tenements, Tythes, Hereditaments, and Premisses, and of every part and parcel thereof, And the Rents, Services, and Profits to them, or any of them, belonging, incident, or appertaining; To have and to hold the said Mannor, Lordship,Habend. Re­ctory, Advowson, Messuages, Lands, Tenem [...]nts, Tythes, and all and singular other the Hereditaments and Premisses whatsoever, here­by bargained or sold, or mentioned to be bargained and sold, with their and every of their Appurtenances, unto the said R. M. his Exe­cutors, Administrators, and Assigns, from the last Day of M. now last past, before the Date hereof, unto the full end and term of One whole year, from thence next [...]nsuing, and fully to be compleat and ended; To the intent and purpose that the said R. M. may by virtue of [Page 336] the said Presents, and of the Statute made for transferring Uses into Possession, be lawfully possessed, of, and in all and singular the Pre­misses, and thereby the better enabled to have, take, and receive the Reversion and Inheritance thereof, which is intended to be to him and his Heirs, granted and released by the said H. H. Sir W.P. and Sir R.O. by another Indenture, intended to be made and Dated the next Day after the day of the Date hereof. In witness whereof &c.

A Bargain and Sale of Lands by way of Re­lease.

THis Indenture made the [...] Day of J. &c. Between the Ho­nourable H. H. Sir W. P. and Sir R. O. of the one part, and R. M. of the other part, Witnesseth, That for and in consideration of the Sum of Five shillings of lawful Money of England to the said H. H. in hand paid by the said R. M. at or before the Sealing and Delivery of this present Indenture, the Receipt whereof he the said H. H. doth hereby acknowledge; And also in consideration of the Sum of Three thousand and threescore pounds of like Money, to the said Sir W. P. and Sir R. O. in hand likewise paid by the said R. M. at or before the Sealing and Delivery of this present Indenture, the Receipt whereof they the said Sir W. P. and Sir R. O. do hereby acknowledge, and thereof and of every part and parcel thereof, do clearly and abso­lutely acquit and discharge the said R. M. his Executors and Admini­strators for ever, by these Presents, They the said H. H. Sir W. P. Sir R. O. Have granted, bargained, sold, aliened, enfeoffed, released and confirmed, and by these Presents, for them and their Heirs, do clearly and absolutely grant, bargain, sell, alien, enfeoff, release and confirm unto the said R. M. All that the Mannor and Lordship of F. with the Rights, Members, and Appurtenances thereof in the County of E.

And also all that the Rectory or Parsonage of F. with the Rights, Members, and Appurtenances thereof, in the said County of E. And also all that Capital Messuage or Mansion House, commonly called or known by the Name of the Parsonage House of F. aforesaid, and all Houses, Edifices, Buildings, Dove houses, Barns, Stables, Outhou­ses, Courts, Yards, Curtilages, Gardens, Orchards, and Appurtenan­ces whatsoever, to the said Capital Messuage or Mansion-house, be­longing, or herewith used, occupied, or enjoyed.

And also all and every the Glebe Lands, Demesne Lands, Meadows, Pastures, Feedings, Grounds, Woods, Under-woods, Lands, Tene­ments, and Hereditaments, Tythes of Corn, Grain, Hay, and Wood, and other Tythes whatsoever, Pensions, Portions, Oblations, Obven­tions, Profits, Fruits, and Emoluments whatsoever, to the said Man­nor and Rectory, or either of them, belonging, or in any wise apper­taining, or accompted, reputed, or taken as part, parcel, or mem­ber [Page 337] thereof, or of either of them, or to belong or appertain thereunto, or to either of them.

And also all that the Advowson, Patronage, Right of Patronage, Gift, Nomination, Presentation, Free Disposition and Donation of, in, and unto the Vicaridge and Parish Church of F. aforesaid; And also all the Tythes of Corn, Grain, Hay and Wood, coming, grow­ing, arising or renewing, or which at any time or times hereafter, shall be coming, growing, arising or renewing, within the Mannor, Lord­ship, Town, Parish, Fields, Hamlets, Precincts, or Territories of F. aforesaid, in the said County of E.

All which said Mannor, Rectory, Lands, Tenements, Tythes, and other Hereditaments, and Premisses, were sometime heretofore be­longing to the late dissolved Priory of T. in the said County of N. And were also lately heretofore in the Tenure or Occupation of Sir R.K. by virtue of a long Lease for years thereof heretofore made by T. Duke of N. long since deceased, one of the Ancestors of the said H. H.

And also all and singular other the Messuages, Houses, Edifices, Buildings, Tofts, Crofts, Curtilages, Yards, Gardens, Orchards, Lands, Tenements, Meadows, Leasows, Pastures, Feedings, Clo­ses, Enclosures, Woods, Underwoods, Rents, Reversions, Services, Annuities, Fee-farms, Rents of Assize, Rents-seck, Quit-rents, and Free-rents, Ways, Paths, Waters, Streams, Fishings, Fishing places, Ponds, Pools, Motes, Meres, Water-courses, Wasts, Commons, Fur­zes, Heaths, Common of Pasture, Courts, Courts Baron, Courts Leet, View of Frankpledge, Perquisits and Profits of Courts and Leets, Homages, Fealties, Reliefs, Escheats, Heriots, Fines, Amerciaments, Goods and Chattels of Felons and Fugitives, and of Felons, of them­selves, Deodands, Waifes, Estrays, Treasure-trove, Mines, Quar­ries, Delfs, And all other Royalties, Franchises, Liberties, Rights, Jurisdictions, Priviledges, Immunities, Profits, Commodities, Emo­luments, Advantages, Easments, Hereditament and Appurtenances whatsoever, to the said Mannor, Lordship, Rectory, and Premisses, or to any of them belonging, or in any wise appertaining, or to or with th [...] same, or within the same, or any of them, occupied, enjoy­ed, taken, had, or perceived and accepted, reputed, adjudged, deemed or taken, as part, parcel, or member of the said Mannor, Lordship, Rectory, and Premises, or of any of them, or to belong or appertain thereunto, or to any of them.

And the said H. H. Sir W. P. and Sir R. O. do further by these Presents, for the Considerations aforesaid, grant, bargain, sell, re­lease and confirm unto the said R. M. his Heirs and Assigns, the Re­version and Reversions, Remainder and Remainders, of all and sin­gular the said Mannor, Lordship, Rectory, Advowson, Messuages, Lands, Tenements, Tythes, Hereditaments, and Premisses whatso­ever hereby granted, or mentioned to be granted, and of every part and parcel thereof, And the Rents, Services, and Profits to them, or any of them, incident, belonging, or appertaining, And all Rents and yearly Profits, Reservations and Services, reserved or payable, in, by, or upon any Lease or Leases, Grant or Grants, had, made or granted, or mentioned to be made or granted, of the Premisses hereby granted, or mentioned to be granted, or of any of them: And also all the Estate and Estates, Right, Title, Interest, Use, Possession, Pro­perty, [Page 338] Benefit, Trust, Claim, and Demand whatsoever, of them the said H. H. Sir W. P. and Sir R. O. and of every, or any of them, of, in, and to the said Mannor, Lordship, Rectory, Advowson, Messuages, Lands, Tenements, Tythes, Hereditaments, and Premisses, or any of them, and of, in, and to any part or parcel thereof.

And also all and every the Deeds, Charters, Writings, Evidences, Terrars, Court-Rolls, Rentalls, Surveys, Boundaries, Counterparts of Leases, Fines, Chyrographs of Fines, Exemplifications of Fines, and of Common Recoveries, and of other Records, Escripts, and Miniments whatsoever, touching, or in any wise concerning the said Mannor, Lordship, Rectory, Advowson, Messuages, Lands, Tene­ments, Hereditaments, and Premisses hereby granted, or mentioned to be granted, or mentioned to be granted, or any of them, or any part or parcel thereof, and which do not concern any other the Man­nors, Lands, Tenements, or Hereditaments of them the said H. H. Sir W. P. and Sir R. O. or of any of them,Habend. To have and to hold the said Mannor, Lordship, Rectory, Advowson, Messuages, Lands, Te­nements, Tythes, and all and singular other the Hereditaments and Premisses whatsoever, hereby granted, bargained and sold, or men­tioned to be granted, bargained and sold, with all and singular their and every of their Appurtenances, unto the said R. M. his Heirs and Assigns for ever, To the only use and behoof of him the said R. M. his Heirs and Assigns for ever, absolutely without any manner of Conditi­on,Reddend. Redemption, or Revocation in any wise, Yielding and paying therfore yearly unto the said Sir W. P. and Sir R. O. and their Heirs and Assigns for ever, the yearly Rent or Sum of &c. of lawful Money of England, at two usual Feasts or Terms in the year, That is to say, the Feast of &c. and the &c. by equal Portions.

And if it shall happen the said yearly Rent of &c. or any part there­of, to be behind and unpaid in part or in all, at or after any the said Feasts or Days before appointed for payment thereof, That then, and from thenceforth, from time to time, when and so often as the same shall be so behind and unpaid, it shall and may be lawful, to and for the said Sir W. P. and Sir R. O. their Heirs and Assigns, or any of them, into the said Mannor, Lordship, Rectory, Messuages, Lands, Tenements, Tythes, Hereditaments, and Premisses hereby granted, or mentioned to be granted, or any of them, and into every or any part or parcel thereof, or of any of them, to enter and distrain,Upon Non-payment to enter and di­strain. and the Distress and Distresses then and there found and taken, to lead, drive, chase, take, or carry away, impound, detain, and keep until the said yearly Rent of &c. and all Arrearages thereof, if any shall be, unto the said Sir W. P. and Sir R. O. their Heirs and Assigns, fully sa­tisfied and paid.

A Recital of Letters Pa­tents from Henry the Eighth. And whereas by and upon certain Letters Pattents of the late King Henry the Eighth, bearing Date the Ninth Day of July, in the Two and thirtieth year of his Reign, whereby the said Mannor and Recto­ry of F. are amongst other things granted unto the said T. N. there is reserved a yearly Fee-farm Rent of Threescore pounds, of lawful Money of England, payable for ever, out of, and for the Premisses hereby granted amongst other things in the said Letters Patents men­tioned.

And the said H. H. for himself, his Heirs, Executors,Covenant to pay the Fee-farm Ren [...]. Admini­strators, and [...]or the said Sir W. P. and Sir R. O. their Heirs and As­signs, doth covenant, promise, and grant, to and with the said R.M. his Heirs and Assigns by these Presents, That they the said Sir W. P. and Sir R. O. their Heirs and Assigns, for and in consideration of the said yearly Rent, or Sum of &c. hereby to them reserved as aforesaid, shall and will, from time to time, and at all times hereafter, well and tru­ly pay, satisfie, and discharge the said yearly Fee-farm Rent of Three­score pounds, and all Arrerages thereof, unto such person or persons, to whom the same is, or shall be due and payable, and of and from the same, and every part and parcel thereof, save, keep harmless and in­dempnified the said R. M. his Heirs and Assigns, and the said Man­nors, Rectory, Messuages, Lands, Tenements, Tithes, Here­ditaments, and Premisses hereby granted, or mentioned to be gran­ted.

Provided always, And it is hereby further concluded granted,Covenant to retain the rent reserved, if Fee-farm rent be not paid. and a­greed, by and between all and every the said Parties to these Presents, for them, their Heirs and Assigns, That if at any time hereaf­ter any Distress shall be taken upon the said Mannors, Rectory, Lands, Tenements, Hereditaments, and Premisses hereby granted or men­tioned to be granted, or any part or parcel thereof, for the said Fee-farm Rent of threescore pounds, or any part or parcel thereof, Or that the said R. M. his Heirs or Assigns, or the Tenants or Farmers of the said Premisses hereby granted or mentioned to be granted, or any of them shall be any way molested or dampnified, for or by reason of the said Fee-farm Rent, or of the not paying thereof; Or if the said Fee-farm Rent of Threescore pounds, shall at any time happen to be arrear and unpaid, by the space of one whole year or more, That then, in any of the said Cases it shall and may be lawful, to and for the said R. M. his Heirs and Assigns from time to time, to retain and keep in his and their hands, the said yearly Rent of &c. hereby reser­ved as aforesaid, untill such time as he the said R. M. his Heirs and As­signs, by, with, and out of the same yearly Rent of &c. so by him or them to be detained and kept as aforesaid, or otherwise by other payment, and satisfaction to be made unto him or them, by the said Sir W. P. and Sir R. O. their Heirs and Assigns, shall be fully recom­penced and satisfied of and for all such trouble, loss, and damage as he the said R. M. his Heirs or Assigns, shall have sustained or suffered, for or by reason of any such Distress taken, or other Molestation, as afore­said, or of the payment of any Moneys which he the said R. M. his Heirs or Assigns, shall have paid for or towards the satisfying of any Arrerages of the said Fee-farm Rent of &c. and untill such time as the said yearly Fee-farm Rent of &c. and all Arrerages thereof, shall be fully satisfied and paid unto such person, or persons, to whom the same is or shall be due and payable, and that such part and so much of the said Rent as shall be retained for such recompence or satisfaction as aforesaid, and shall not exceed the value of the trouble, loss, and dammage then suffered by the said H. M. his Heirs, or Assigns, as aforesaid, shall and may be recovered and defalked, from time to time out of the said yearly Rent that of &c. and not be at all paid to the said Sir W. P. and Sir R.O. their Heirs or Assigns, any thing therein contain­ed to the contrary thereof in any wise notwithstanding.

Covenant to pay the Rent reserved. And the said R. M. for himself his Heirs and Assigns, doth Cove­nant, promise, and grant to and with the said Sir W. P. and Sir R. O. their Heirs and Assigns, by these Presents, That he the said R. M. his Heirs and Assigns, shall and will, from time to time, and at all times hereafter, well and truly, pay, or cause to be paid unto the said Sir W. P. and Sir R. O. their Heirs and Assigns, the said yearly Rent of &c. hereby reserved at the days and times herein before ap­pointed for payment thereof, unless that according to the true intent and meaning of the Proviso and Agreement herein before expressed, there shall be cause for the detaining and keeping the same in the hands of the said R.M. his Heirs and Assigns, and unless it be for so much there­of only as there shall be such cause so to detain and keep according to the true intent and meaning of the said Proviso and Agreement.

Covenant for Warranty. And the said H. H. and his Heirs, the said Mannors, Lordship, Re­ctory, Advowson, Messuages, Lands, Tenements, Tithes, and all and singular other the Hereditaments and Premisses, with the Ap­purtenances, unto the said R. M. and his Heirs, against him the said H. H. and his Heirs, and against the Heirs and Assigns of the said T. S. Grandfather, and against the Heirs and Assigns of H. S. Father of him the said H. H. shall and will warrant and for ever defend by these Pre­sents.

Covenant peaceably to enjoy. And the said H. H. for himself, his Heirs, Executors, Administra­tors, And for every of them, doth Covenant, promise and grant, to and with the said R. M. his Heirs, and Assigns by these Presents, That he the said R. M. his Heirs and Assigns, And his and their Farms and Tenants, shall or lawfully may, from time time, and at all and every time and times hereafter for ever, freely quietly, and peace­ably have, hold, occupy, possess and enjoy All and singular the said Mannors, Lordship, Rectory, Advowson, Messuages, Lands, Tenements, Hereditaments, and Premisses hereby granted, or men­tioned to be granted, and every part and parcel thereof, with all and singular their, and every of their Appurtenances, And all and every the Rents, Revenues, Issues, Profits and Commodities thereof, and of every part and parcel thereof, have and take, without any man­ner of let, suit, trouble, vexation, eviction, disturbance, or other hindrance, or molestation whatsoever, of him the said H. H. his Heirs or Assigns, or of any other person or persons whatsoever, any thing having, or lawfully claiming, or that hereafter shall or may have or lawfully claim any Estate, Right, Title, Interest, Use, Trust, Benefit, or Demand, of, in, or out of the said Premisses hereby granted, or mentioned to be granted, or of, in, or out of any part or parcel thereof, by, from, or under the said T. S. and H. S. the Grandfather, and Father of the said H. H. or any of them, or by, from, or under their, or any of their Means, Right, Title, Interest, Act, Consent, or Procurement.

And moreover also, that the said Mannors, Lordship, Rectory, Ad­vowson, Messuages, Lands, Tenements, Hereditaments, and Pre­misses hereby granted, or mentioned to be granted, and every part and parcel thereof, with their, and every of their Appurtenances, now are,Free from In­cumbrances. and from henceforth for ever hereafter shall remain conti­nue, and be unto the said R. M. his Heirs and Assigns, free and clear, and freely, clearly and absolutely acquitted, freed and discharged [Page 341] of and from all, and all manner of former and other Bargains, Sales, Gifts, Grants, Jointures, Dowers, Feoffments, Devises, Uses, En­tails, Estates, Leases, Rights, Titles, Rents, Arrearages of Rents, Issues, Fines, Amerciaments, Debts, Duties, Judgments, Statutes, Recognizances, Decrees, Sequestrations, Forfeitures, and Incumbran­ces whatsoever, had, made, committed, done, knowledged, or entred into by the said T. S. or H. S. or by any of them, or by any other person or persons whatsoever, by or with their, or either, or any of their means, consent, Act, privity, knowledge, or procurement.

And moreover also, That he the said H. H. and his Heirs, And all and every person and persons whatsoever, having, or lawfully claiming, or that shall or may at any time or times hereafter, have, or lawfully claim, any Estate, Right, Title, or Interest, of, in or to the Premisses, hereby granted, or mentioned to be granted, or of, in, or to any part or parcel thereof, by, from, or under him the said H. H. or by, from, or under the said T. S. and H. S. or any of them shall and will from time to time, and at all times, du­ring the life of the said T. S. within the space of Seven years after his death,Covenant for further assu­rances within 7 years after the Death of one. At and upon the reasonable Request and proper Costs and Char­ges in the Law of the said R. M. his Heirs or Assigns, or some of them, do, make, levy, execute, acknowledge and suffer, or cause to be done, made, levied, executed, acknowledged, and suffered, All and every such further, and other reasonable Act and Acts, Thing and Things, Assurances and Conveyances in the Law whatso­ever, for the further, better, and more perfect assurance, surety, sure-making, setling, establishing, and confirming of the said Mannor, Lordship, Rectory, Advowson, Messuages, Lands, Tenements, Hereditaments, and Premisses hereby granted, or mentioned to be granted, or any of them, and of every, or any part or parcel thereof, with all and singular their, and every of their Ap­purtenances, unto the said R. M. his Heirs and Assigns, Be it by Fine or Fines, Feoffment or Feoffments, Deed or Deeds, Indented or Poll, enrolled, or not enrolled, Common Recovery, or Recove­ries, with single, double, or treble Voucher or Vouchers, Release or Con­firmation, or by all and every, or any of the said ways or means, or by any other ways or means in the Law whatsoever, as by the said R. M. his Heirs or Assigns, or by his or their Counsel learned in the Law, shall be reasonably devised, advised, or required, So as the said further As­surances so to be made, or any of them, do not, nor shall contain any fur­ther, or other Warranty or Covenants for enjoying them only against the Parties thereunto respectively, and their respective Heirs, and touching and concerning Acts done or suffered by them, or any of them, severally and respectively, And so as for the making, knowledging, and executing of such further Conveyance or Assurance, or any of them, the persons that shall be required to make, or execute the same, be not compelled, nor hereby compellable, to travel for the doing thereof, above the space of Ten Miles from the place of his, her or their Habitation or abode at the time of such request to be made.

The same Covenants by Sir R. O. severally, as before by Sir W.P. mutato nomine tantum.

An Indenture of Assignment of a Lease for 500 years, and a Deed poll of Release.

THis Indenture Tripartite made &c. Between G.S. & W.R. of the first part, T. R. of the second part, And O. B. and J. D. of the third part,Lease recited Whereas by one Indenture bearing date &c. mentioned to be made between the said W. R. of the one part, and the said G. S. of the other part, Reciting as herein is recited, and for the Reasons and Considerations therein mentioned, He the said Sir W.R. did demise, grant, bargain and sell unto the said Sir G. S. his Executors, Admi­nistrators, and Assigns, All that the Mannors and, Lordship of &c. with the Rights, Members, and Appurtenances thereof, in the County of &c. And the Advowson, Donation, and rights of Patronage of the Church of P. &c. And all and singular the Messuages, Lands, Te­nements, and Hereditaments, whatsoever, situate, lying, and be­ing, arising, growing or renewing, within the Parish, Town or Precincts of &c. whereof or wherein the said W.R. then, or at any time heretofore had any Estate of Inheritance whatsoever, And the Re­version and Reversions, Remainder and Remainders of all and singu­lar the Premisses, and of every part and parcel thereof, And all Rents, Services, and Profits thereunto incident and belonging, To have and to hold the same unto the said G. his Executors,Habend. Administrators, and Assigns, for and during the Term of Five hundred years from thence­forth next ensuing, and fully to be compleat and ended, without im­peachment of, or for any manner of Wast, with, upon and subject unto a certain Condition in the said Indenture mentioned, As in and by the said Indenture relation being thereunto had, more plainly appear­eth.

A recital of the Convey­adce of the Mannor &c. And whereas since the making of the said Indenture of Lease the said W. R. hath conveyed unto the said T. R. and his Heirs, the said Mannors of P. and other the Hereditaments and Premisses in the said recited Indenture mentioned, And the Reversion and Inheritance there­of, charged with the said Lease; And afterwards the said W. R. and the said T. R. to whom the said Inheritance is conveyed, Did by their Deed poll of Release,A recital of the Deed poll of Release. bearing date &c. remise, release, and quit claim unto the said G. S. his Executors, Administrators, and Assigns, the said Proviso and Condition in the said recited Indenture mentio­ned, and all and every Proviso and Provisoes, Condition and Condi­tions, whatsoever in the said recited Indenture contained, As by the said Deed Poll of Release, relation being thereunto had, more plain­ly appeareth.

Now this Indenture Witnesseth, That the said G. S. by and with the consent of the said W. R. and T. R. testified by their being Parties to these Presents, And in consideration of the Sum of &c. of lawfull Money of England, to him the said G. S. in hand paid by the said J. B. and J. D. at or before the Sealing and Delivery hereof, the receipt whereof the said G. S. doth hereby acknowledge, and thereof, and of every part & parcel thereof, doth clearly and absolutely acquit and dis­charge [Page 343] the said J. B. and J. D. their Executors and Administrators, for ever by these Presents, Hath granted, bargained, sold, assigned,Assignment. and set over, And by these Presents doth grant, bargain, sell, assign, and set over unto the said J. B. and J. D. their Executors, Admini­strators, and Assigns, the said Mannor and Lordship of &c. with the Rights, Members, and Appurtenances thereof, And the said Advow­son, Donation, and right of Patronage of the Church of &c. And all and singular other the Messuages, Lands, Tenements, Hereditaments, and Premisses whatsoever, in and by the said recited Indenture to him the said G. S. demised, or mentioned to be demised, And all other the Lands, Tenements, or Hereditaments of him the said G. S. in P. aforesaid, Together also with the said Indenture of Lease, and the said Deed Poll of Release of the Condition in the said Indenture contained, And all the Estate, Right, Title, Term of years, Claim, Interest and Demand whatsoever, of him the said G. S. of, in, and to the said Mannor, Lands, and Premisses, and every or any part or parcel there­of, by virtue of the said Indenture of Lease and Deed of Release, or either of them, or otherwise howsoever,Habend. To have and to hold the said Mannor, Advowson, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby granted and assigned, or mentioned to be granted and assigned, with their, and every of their Appurtenances, unto the said J. B. and J. D. their Executors, Ad­ministrators, and Assigns, for and during all the said term of Five hundred years yet to come and unexpired.

And the said G. S. for himself, his Heirs, Executors,Cevenant by G.S. that he hath made no Incumbrance. and Admi­nistrators, doth covenant, promise, and grant, to and with the said J. B. and J. D. their Executors, Administrators, and Assigns, by these Presents, That he the said G. S. hath not made any former or other Grant, Conveyance, or Assignment of the said Mannor, Lands, and Premisses to him demised by the said W.R. as aforesaid, or of any part or parcel thereof, for all or any part of the said term of Five hundred years, nor hath done, or willingly and wittingly suffered to be done, any act or thing whereby the said Mannor and Premisses, or any part or parcel thereof, or the said Estate and Term to him the said G. S. made and granted as aforesaid, is, are, or may be any way for­feited, drowned, surrendred, impeached, charged, or encumbred, in Title, Charge, Estate, or otherwise.

And the said W. R. for himself, his Heirs, Executors,Covenant by W. R. that he hath made no Incumbrance. Admini­strators, and Assigns, doth covenant, promise, and grant to and with the said J. B. and J. D. their Executors, Administrators, and As­signs, by these Presents, That the said W. R. hath not done, or wil­lingly and wittingly suffered to be done, any act or thing whereby the said Mannor and Premisses, or any part or parcel thereof, is, are, or may be any way impeached, charged, or incumbred in Title, Charge, Estate, or otherwise, the said Lease and Estate by him made to the said G. S. and hereby assigned, or mentioned to be assigned,Grant of the Reversion &c. excepted. Covenant up­on payment of Money to sur­render the Deeds, and de­liver up Wri­ting [...]. and the said Grant of the Reversion thereof to the said T. R. only excep­ted.

And it is hereby covenanted, granted, concluded, and agreed, by and between the said J. B. and J.D. on the one part, and the said T. R. on the other part; And the said J. B. and J.D. for themselves, their Executors and Administrators, do covenant, promise and grant, [Page 344] to and with the said T. R. his Heirs and Assigns, by these Presents, That if the said T. R. his Heirs, Executors, Administrators, and Assigns, or any of them, do, and shall well and truly pay, or cause to be paid unto the said J. B. and J. D. or either of them, or their Assigns, or to the Executors, Administrators, or Assigns of the Survivor of them, the full Sum of &c. of lawful Money of England, at one entire pay­ment, to be made at or in &c. upon &c. ensuing the Date of this pre­sent Indenture, That then, at any time after such payment made, they the said J. B. and J. D. their Executors, Administrators, and Assigns, shall & will, at and upon the reasonable request of the said T.R. his Heirs and Assigns, surrender and give up all their said Estate, Term, Right, Title and Interest, of, in, and to the said Mannor and Premisses, unto the said T. R. his Heirs and Assigns, free from all Incumbrances done by them the said J. B. and J. D. their Executors, Administra­tors, or Assigns; And also redeliver unto the said T. R. his Heirs and Assigns, all the Writings and Evidences mentioned and expressed in a Schedule thereunto annexed.

Covenant to pay the Mony at a day cer­tain. And the said T. R. for himself, his Heirs, Executors, and Admi­nistrators, and for every of them, doth covenant, promise, and grant, to and with the said J. B. and J. D. their Executors, Administrators, and Assigns, by these Presents, That he the said T.R. his Heirs, Exe­cutors, or Administrators, shall and will well and truly pay, or cause to be paid unto the said J. B. and J. D. their Executors, Admini­strators, or Assigns, the said Sum of &c. at the day and place before men­tioned and appointed for the payment thereof, without farther delay.

Covenant to receive Rents until Default of payment be made. And the said J. B. and J. D. for themselves, their Executors and Administrators, do covenant, promise, and grant to and with the said T. R. his Heirs and Assigns, by these Presents, That until De­fault shall be made by the said T. R. his Heirs, Executors, or Admini­strators, in payment of the said Sum of &c. in part or in all, at the day and place aforesaid, they the said J. B. and J. D. their Execu­tors, Administrators, and Assigns, shall and will permit and suffer the said T. R. his Heirs and Assigns, to receive and take all the Rents and Profits of the said Mannor, Lands, and Premisses, without any ac­count thereof to be made or given unto them the said J. B. and J. D. their Executors, Administrators, or Assigns.

Covenant that it is a good Lease. And the said T. R. for himself, his Heirs, Executors, Administrators, and Assigns, and for every of them, doth further covenant, promise, and grant to and with the said J. B. and J. D. their Executors, Administrators, and Assigns, by these Presents, in manner and form following, That is to say, That the said Lease and Estate so made and granted by the said Sir W.R. to the said G. S. as aforesaid, is a good Lease now in being, and not forfeited, surrendred, or otherwise determined; And that the said G. S. at the time of the making hereof, hath full power and authority to grant, bargain, sell, assign, and set over the same unto the said J. B. and J. D. their Executors, Administrators, and As­signs, in manner and form aforesaid.

Covenant that upon default of payment, the Assignee to enter and receive the Rents. And further also, That in case any Default shall be made in pay­ment of the said Sum of &c. at the day and place aforesaid, That then and from thenceforth the said J. B. and J. D. their Executors, Admi­nistrators, and Assigns, shall and may quietly and peaceably have, hold, use, occupy, possess, and enjoy all and singular the said Mannor, Lands [Page 345] and Premisses, and receive and take the Rents and Profits thereof, du­ring all the residue of the said term or number of Five hundred years hereby assigned, or mentioned to be assigned, yet to come and unex­pired, without any manner of let, trouble, hindrance, or interrup­tion of the said T. R. his Heirs or Assigns, or of any person or persons claiming by, from, or under him the said T. R. or by, from, or under the said Sir W. R. And without any lawful let, trouble, hindrance, in­terruption, eviction, or ejection of any person or persons whatsoever, And free and clear, and clearly, freely, and absolutely acquitted, freed, exonerated, and discharged of and from all and all manner of Charges, Estates, Forfeitures, Sequestrations, and Causes of Sequestration, and other Incumbrances whatsoever, had, made, committed, done or suf­fered by the said Sir W. R. and T. R. or by any other person or persons whatsoever.

And further, Covenant for further Assu­rance of the Premisses. That in Case any such Default shall be made in payment of the said &c. at the day and place aforesaid, that then and from thenceforth he the said T. R. his Heirs and Assigns, and all other person and persons, having, or lawfully claiming, or that shall have, or law­fully claim to have any Estate, Right, Title, or Interest, of, in, to, or out of the said Mannor, Lands, and Premisses, or any part or parcel thereof, shall admit from time to time, and at all times then after at the Request, Costs, and Charges in the Law of the said J. B. and J.D. or either of them, or the Executors or Administrators of the Survivor of them, make, do, suffer, levy, and execute, or cause or procure to be made, done, suffered, levied, and executed, all and every such lawful Act and Acts, Conveyances and Assuran­ces in the Law, as well for the corroborating, strengthning, and confirming of the Term and Estate hereby mentioned to be assign­ed; As also for the absolute granting, conveying, and assuring of the Fee-simple and Inheritance of the same Premisses, unto such person and persons, and to his and their Heirs, as the said J. B. and J.D. or either of them, or the Executors or Administrators of the Survivor of them, shall nominate and appoint for that pur­pose, by such ways and means, and in such manner, as by the said J. B. and J. D. or either of them, or the Executors or Admini­strators of the Survivor of them, or his, their, or any of their Counsels learned in the Law, shall be reasonably devised or advi­sed and required. In witness whereof, &c.

A Deed of Feoffment, with a Letter of Attor­ney to deliver Livery and Seizin.

THis Indenture made &c. Between L. C. of &c. and R. his Wife, &c. of the one part, And Sir T. J. of &c. of the other part, Witnesseth That the said L. C. and R. his Wife &c. for and in conside­ration of the Sum of &c. of lawful Money of England, to them in hand paid by the said Sir T. J. at or before the Sealing and Delivery of this present Indenture, the Receipt whereof the said L.C. &c. do here­by acknowledge, And thereof, and of every part and parcel thereof, do clearly and absolutely acquit, exonerate, and discharge the said Sir T. J. his Executors and Administrators for ever by these Presents, Have granted, bargained, sold, aliened, enfeoffed, and confirmed, And by these Presents, for them and their Heirs, do clearly and ab­solutely grant, bargain, sell, alien, enfeoff and confirm unto the said Sir T.J. his Heirs and assigns, All that Messuage or Tenement commonly called or known &c. or his Assigns, situate lying and be­ing &c. And all that other Messuage or Tenement &c. and now or late also in the Tenure or Occupation &c. or his Assigns, And all Barns, Stables, Gardens, Orchards, Yards, Backsides, Profits, Commo­dities, Hereditaments and Appurtenances whatsoever, to the said two Messuages or Tenements, or either of them belonging, or in any wise appertaining;

And the Reversion and Reversions, Remainder and Remainders of all and singular the Premisses, and of every part and parcel thereof, And all Rents, Services, and Profits thereunto incident and belong­ing, And also all and every the Estate and Estates, Right, Title, In­terest, Claim, and Demand whatsoever, of them the said L. C. and R. his Wife and every or any of them, of, in, and to all and singular the said Messuages, Lands, and Premisses, and every part and par­cel thereof, And all Deeds, Writings, Evidences, Escripts and Miniments whatsoever,Habend. touching or concerning the Premisses only, or only any part or parcel thereof, To have and to hold the said Messu­ages, Lands, Tenements, Hereditaments, and all and singular o­ther the Premisses whatsoever hereby granted, or mentioned to be granted, with their and every of their Appurtenances, unto the said Sir T. J. his Heirs and Assigns for ever, To the only proper use and behoof of the said Sir T. J. his Heirs and Assigns, for ever, and to or for no other use, intent, or purpose.

Covenant of Warranty. And the said L. C. doth grant for him and his Heirs, That he and his Heirs, the said Messuages, Lands, Tenements, Hereditaments, and all and singular the Premisses hereby granted, or mentioned to be granted, with their, and every of their Appurtenances, unto the said Sir T. J. his Heirs and Assigns, against the said L. C. and R. his Wife, and either of them, their, and either of their Heirs and Assigns, shall and will warrant, and for ever defend by these Presents, And the said L. C. for himself, and the said R. his Wife, and for his Heirs, Ex­ecutors, [Page 347] and Administrators, and the said R. F. for himself and the said A. his Wife, and for his Heirs, Executors, and Administrators, and the said S. C. for himself, and the said R. his Wife, and for his Heirs, Executors, and Administrators, all of them severally, and not joint­ly, nor one for another, or for the Acts of the other, or of the Heirs, Executors, or Administrators of the other, do Covenant, Promise and grant, to and with the said Sir T. J. his Heirs and Assigns, by these Presents, in manner and form following, That is to say, That for,Covenant law­fully seized. and notwithstanding any Act or thing by them the said L. C. and R. his Wife, R. F. and A. his Wife and S. C. and R. his Wife respectively or by T. S. deceased, late brother of L. C. whose Heir she is, the said A. R. the Wife of the said C. at any time heretofore done, or suffered to the contrary, except as is herein after excepted, They the said L. C. and R. his Wife, R. F. and A. his Wife, and S. C. and R. his Wife, or some, or one of them, at and immediately before the seal­ing and delivery hereof, are, or is lawfully, rightfully and absolute­ly seized of all the said Messuages, Lands, and Premisses hereby granted, or mentioned to be granted, and of every part and parcel thereof, with the Appurtenances of a good, pure, absolute, and indefezible Estate of Inheritance in Fee-simple, without any man­ner of Condition, Contingent, Proviso, or Limitation of the Use or Uses, or other restraint, matter, or thing to determine, alter, or change the same; And shall continue so seized thereof, and of every part and parcel thereof, untill a good, perfect, and absolute Estate in Fee-simple shall be thereof vested in the said Sir T. J. and his Heirs, according to the intent and true meaning of these Presents.

And that the said L. C. and R. his Wife R. F. and A. his Wife, and S. C. and R. his Wife, or some, or one of them, (for, and notwith­standing any Act or thing heretofore done, or suffered as aforesaid,) except as is herein after excepted, now have, or hath good right, law­ful and absolute power and authority in themselves, or in some, or one of them, to bargain, sell, grant, alien, and convey all and singular the said Messuages, Lands and Premisses hereby granted, or menti­oned to be granted as aforesaid, and every part and parcel th [...]reof, with the appurtenances, unto the said Sir T. J. his Heirs and Assigns, in manner and form aforesaid.

And that the said Sir T. J his Heirs and Assigns, and every of them, shall or lawfully may from time to time, and at all times hereafter for ever, freely, quietly, and peaceably, have, hold, and enjoy all and singular the said Messuages, Lands, and Premisses hereby gran­ted, or mentioned to be granted, and every part and parcel thereof, with the appurtenances, And receive and take the Rents and Profits thereof,To receive the Rents and Pro­fits. and of every part and parcel thereof, without any manner of let, suit, trouble, vexation, eviction, disturbance, or other hin­drance or molestation whatsoever, of the said L. C. and R. his Wife, R. F. and A. his Wife, and S. C. and R. his Wife respectively, or their respective Heirs or Assigns, or of any other person or persons whatso­ever, any thing having, or lawfully claiming, in the said Premisses, or any part or parcel thereof, by, from, or under them, or any of them respectively, by, from, or under the said T. S. And that free and clear, and freely, clearly, and absolutely, acquitted, freed, and discharged of,Discharged from all In­cumbrances. and from all, and all manner of former, and o­ther [Page 348] Bargains, Sales, Gifts, Grants, Feoffments, Devises, Uses, Jointures, Dowers, Entails, Estates, Leases, Rights, Titles, Rents, Arrerages of Rents, Issues, Fines, Post-fines, Amerciaments, Judg­ments, Executions, Recognizances, Statutes Merchant, and of the Staple, and all Debts of Record, Extents, Liberates, Seizures, Sequestrations, Decrees, Charges, Troubles, Forfeitures, and In­cumbrances whatsoever, had, made, committed, done knowledged, or suffered, or caused to be had, made, committed, done, know­ledged, or suffered, by the said L. C. and R. his Wife R. F. and A. his Wife, and S. C. and R. his Wife, or any of them, or by the said T. S. deceased, or by any other person or persons whatsoever, by or with their, or any of their means, consent, Act, privity, know­ledge, or procurement, One Lease of the Premisses by Indenture bearing date &c. made by the said T. S. unto the said L. S. from and af­ter the end and expiration of a former Lease in the said Indenture men­tioned, being the Feast-day of &c. unto the full end and Term of Twenty and one years from thence next ensuing, under the yearly Rent of seventeen pounds only excepted and foreprized.

And the said L. C. for himself, and the said R. his Wife, and for his Heirs, Executors, and Administrators, and the said R. F. for himself, and the said A. his Wife, and for his Heirs, Executors and Administrators, and the said S. C. for himself, and the said R. his Wife, and for his Heirs, Executors, and Administrators, all of them seve­rally, and not jointly, nor one for another, or for the Acts of the o­ther, or of the Heirs, Executors, or Administrators of the other, do further Covenant,Covenant for furthe assu­rance. promise, and grant, to and with the said Sir T. J. his Heirs and Assigns, by these Presents, That the said L.C. and R. his Wife, R. F. and A. his Wife, and S. C. and R. his Wife, and every of them their, and every of their Heirs and Assigns, and all and every other person and persons whatsoever, having, or lawfully claiming, or which shall, or may, at any time or times hereafter, have, or lawfully claim, any Estate, Right, Title, or Interest, of, in, or to the Premisses hereby granted, or mentioned to be granted, or of, in, or to any part or parcel thereof, by, from, or under them, or any of them respectively, or by, from, or under the said T. S. other then the said L.S. and his Assigns, for, and in respect only of the said Lease herein before excepted, shall and will, from time to time, and at all and every time and times hereafter, within the space of Seven years next ensuing the date of this present Indenture, At, and upon the reasonable request and proper Costs and Charges in the Law of the said Sir T. J. his Heirs and Assigns, or some of them, do, make, levy, execute, acknow­ledge, and suffer, and cause to be done, made, levied, executed, acknowledged, and suffered, All and every such further, and other lawfull and reasonable Act and Acts, Thing and Things, Assuran­ces and Conveyances in the Law whatsoever, for the the further, bet­ter and more perfect assurance, surety, suremaking, conveying, set­ling, establishing, or confirmation of the said Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby granted, or mentioned to be granted, with their, and every of their Appurtenances, unto the said Sir T. J. his Heirs and Assigns, Be it by Fine or Fines, Feoffment, or Feoffments, Deed or Deeds, indented or poll, enrolled or not enrolled, Common Recovery or [Page 349] Recoveries, with single, double, or treble Voucher or Vouchers, Release or Confirmation, or by all and every or any of the said ways and means, or by any other ways or means in the Law whatsoever, As by the said Sir T. J. his Heirs or Assigns, or by his, or their Councel learned in the Law, shall be reasonably devised, or advised and re­quired, So as the said further Assurances so to be made, or any of them, do not nor shall contain any further, or other Warranty or Co­venants for enjoying then only against the Parties thereunto respective­ly, and their respective Heirs, and touching and concerning Acts and Deeds done, or suffered by them, or any of them, And so as for the making, knowledging, and Executing of such further Con­veyances and Assurances or any of them, the persons that shall be required to make, or execute the same, be not compelled nor com­pellable to travel, for the doing thereof, above the space of Twenty Miles from the place of his, her, or their Habitation or Abode, at the time of such request to be made as aforesaid.

And it is hereby Covenanted, granted, concluded, and agreed, by and between all and every the said Parties to these Presents, for them, and their Heirs, And they do hereby publish and declare, That all and singular Fine and Fines, Recovery and Recoveries, and other Assurances and Conveyances, whatsoever of the said Premisses hereby granted, or mentioned to be granted, and every or any part or par­cel thereof, at any time after the day of the Date hereof, to be had, made, levied, executed, or acknowledged, between the said Par­ties to these Presents, or any of them, or whereunto they, or any of them, shall be Party or Parties, shall be and enure, and shall be construed, expounded, adjudged, deemed, and taken to be and enure, To the only proper use and behoof of the said Sir T.J. his Heirs and Assigns for ever, and to none other use, intent, or purpose whatsoever.

And for the better execution of these Presents,Letter of At­torney to give Livery. the said L. C. and R. his Wife, R. F. and A. his Wife, and S. C. and R. his Wife, have constituted, appointed, and in their places and steads put, And by these Presents do constitute, appoint, and in their places and steads put, R. and E. W. and either of them, jo [...]ntly and severally, their true and lawfull Attorney and Attorneys, for them, and in their names places and steads, to enter into the said Messuages, and other the Premisses, or into any part or parcel thereof, in the name of the whole, and possession and seizin thereof, and of every part, and par­cel thereof, or of any part or parcel thereof in the name of the whole, for and in the names of the said L. C. and C. R. his Wife, R. F. and A. his Wife, and S. C. and R. his Wife, to have and take, And after such Entry had and made, and possession and seizin so had and taken, as aforesaid, to deliver possession and seizin thereof, and of every part and parcel thereof, or of any part or parcel thereof, in the name of the whole, unto the said Sir T.J. or to his certain Attorney or Attorneys, in that behalf lawfully authorized to take and receive the same, To be had, and held, according to the Tenor, Form and Effect of these Presents And whatsoever the said [...] or ei­ther of them shall do, in pursuance hereof, they the said L. C. and R. his Wife, R. F. and A. his Wife, and S. C. and R. his Wife, do, and shall hereby confirm and allow, as fully as if they themselves were present, and did the same in their own Persons. In witness &c.

A Deed to lead the use of a Fine.

THis Indenture made &c. Between H. G. of the one part, And T. R. of the other part, Witnesseth, That for divers good Causes and Considerations the said Parties thereunto moving, It is hereby concluded and agreed on, by and between all and every the said Parties to these Presents, for them, and their Heirs, And the said H. G. and M. G. for themselves, and their Heirs, do covenant and grant, to and with the said T. R. his Heirs, Executors, and Admi­nistrators, by these Presents, That they the said H. G. and M. G. shall and will, at the Costs and Charges of the said T. R. his Heirs and Assigns, or some of them, before the End of this present Michael­mas Term, acknowledg and levy, in due form of Law, according to the Laws and Statutes of England, One Fine Sur Conusans de Droit come ceo &c. to be ingrossed, recorded, and sued forth with Pro­clamations, according to the Statutes in that Case made and provided, and the usual course of Fines with Proclamations in such Case used and accustomed, unto the said T. R. and his Heirs, Of all that full third part (in three parts to be divided) of one Messuage or Tenement, with the Appurtenances &c. And of all Barns, Stables, Out-houses, Or­chards, Gardens, Backsides, Lands, Tenements, Meadows, Pa­stures, Feedings, Commons, Woods, Underwoods, Ways, Paths, Waters, Lights, Easements, Profits, Commodities, Emoluments, Advantages, and Hereditaments whatsoever, to the said Messuages, or Tenements and Cottages belonging or appertaining, Or therewith­all usually let, occupied, or enjoyed, And also of all that full third part of all those Lands, Arable, Meadow, and Pasture, which now are, or at any time heretofore, have been usually demised, let, or occupied, to or with the same Messuages, or Tenements and Cottages, as part parcel or member thereof or thereunto belonging or appertain­ing, And of all and singular other the Messuages, Tenements, Farms, Cottages, Lands, Meadows, Pastures, and Hereditaments what­soever of them the said H. G. and M. G. situate &c. or in any other Town, Parish, or Place whatsoeve [...], in the said County of K. which were the Freehold or Inheritance at the Common Law of E. G. deceased el­der Brother of the said H. G. By the names of, or by such other apt and convenient Name and Names, numbers of Messuages and Acres, Quantities and Qualities of Lands and other Certainties as shall be fit and requisite in that behalf.

Which Fine and all other Fines after the Date of these Presents le­vied, or to be levied by the said H.G. and M.G. or either of them, to the said T. R. of the Premisses, or any part or parcel thereof, shall be and enure, and shall be adjudged, construed, expounded, deemed, and taken to be and enure, and by these Presents, and by all the said Parties to these Presents declared and agreed to be and enure, and at the time and levying thereof to be and to have been levied, To the use and be­hoof of the said T. R. his Heirs, and Assigns, And to and for none other use, intent, or purpose whatsoever In witness &c.

A Lease of a Mannor for Sixty years in trust for the Wife.

THis Indenture made the first day of June, in the the year of our Lord God, &c. Between Sir C. W. of &c. and A. C. late the Wife of J. C. deceased. and now the Wife of the said Sir C. W. of the one part, And W. E. of &c. Sir A. St. J. of the other part; Witnesseth, That the said Sir C. W. and A. C. his Wife, for and in consideration of the Sum of Five shillings of lawful Money of England, to them in hand paid by the said W.E. of &c. Sir A. St. J. at or before the sealing and delivery hereof, the Receipt whereof they do hereby acknowledge, and in performance of a grant & agreement made before the intermarriage of the said Sir C. W. and the said A. C and for divers other good cau­ses and reasonable considerations them moving; Have bargained, sold, demised and granted, and by these Presents do bargain, sell, demise and grant unto the said W. E. of &c. and Sir A. St. J. All that the Mannors of S. with the Rights, Members and Appurtenances thereof, in the County of G. And also all that the Mannor of G. with the Rights, Members and Appurtenances thereof,Habend. in the County of W. To have and to hold the said Mannors of S. and G. with their respective Rights, Members and Appurtenances, unto the said W. E. of &c. Sir A. St. J. their Executors, Administrators and Assigns, for and during the full Term of threescore years from henceforth next ensuing, fully to be compleat and ended, if the said Sir C.W. and A.C. shall both of them jointly so long live, Ʋpon such trust and confidence nevertheless as is herein after mentioned; That is to say, That they the said W.E. of &c. and Sir A. St. J. their Executors, Administrators and Assigns, shall from time to time, during the said Term, employ and dispose of all the Rents, Issues and profits, of all and singular the Premisses hereby demised, to and for the sole, proper, peculiar and separate use benefit and maintenance of the said A.C. alone and not for the use or benefit of the said Sir C. W. nor as he shall direct, But shall from time to time, and at all times during the said Term, pay, employ and dis­pose of all the Moneys, to be had, levied or raised out of the said Premisses (other then such Moneys as shall be from time to time ex­pended in managing the Premisses, and performing the Trust hereby reposed, which it shall and may be lawfull for them from time to time to deduct) into the proper hands of the said A. C. or into the hands of such person or persons as she shall from time to time alone, with­out the said Sir C. W. by any Writing or Writings, by her signed with her own hand, appoint the same to be paid, and not otherwise.

And that they the said W. E. of &c. and Sir A. St. J. their Executors, Administrators, and Assigns, or any of them, shall not dispose or pay any of the same Moneys, to be had, levied or raised out of the Premisses, or any part thereof, unto him the said Sir C. W. or by his appointment, or to or for his use or benefit, or permit him to entermeddle with the said Rents and Profits of the Premisses, or Moneys that shall be raised hereby; But that he the said Sir C. W. his [Page 352] Executors and Administrators, shall be wholy excluded therefrom, and from all the benefit or proceed thereof.

Proviso not to be troubled for any Debt &c. of the Wife. Provided always nevertheless, And it is hereby declared, meant and agreed, by and between the said parties to these Presents, That if the said Sir C. W. shall at any time or times hereafter, be sued, trou­bled or molested for or in respect of any Debt or Debts, Duty, Sum or Sums of Money, or other thing whatsoever, due or owning, or pretended to be due or owing by the said A. M. to any person or per­sons whatsoever, before her intermarriage with the said Sir C. W. or since, Or for, or in respect of any Wares, Commodities, Moneys, or other things whatsoever, bought, taken up, borrowed, had or re­ceived, or to be hereafter bought, taken up, borrowed, had or re­ceived by the said A.M. or for her only use, wearing, employment or occasions; Or for or in respect of any contract, bargain, quarrel, trespass, or other matter or thing whatsoever, had, made, done or committed, or to be hereafter had, made, done or committed by the said A. M. That then, and in any such case, they the said W. E. of &c. and Sir A. St. J. teihr Executors, Admi­nistrators, and Assigns, shall and may, out of, by and with the Rents, Issue and Profits of the said demised Promises, make full re­compense and satisfaction unto the said Sir C. W. his Executors or Ad­ministrators, for all Costs, Charges, Payments, Loss, Damage or Trouble whatsoever which he the said Sir C.W. his Executors or Admi­nistrators shall any way sustain, pay, expend, lose, suffer or be put unto, for or concerning the same, or in respect of any such suit, trouble or mo­lestation, any thing herein contained to the contrary notwithstanding.

Covenant for quiet enjoy­ment to re­ceive the Rents. And the said Sir C. W. for himself his Heirs, Executors, Admi­nistrators, and Assigns, and for every of them doth Covenant, Pro­mise and Grant, to and with the said W. E. of &c. and Sir A. St. J. their Executors, Administrators and Assigns by these Presents, That he the said W. E. of &c. and Sir A. St. J. their Executors, Administrators and Assigns, shall, or lawfully may, upon and under the Trust aforesaid, from time to time, and at all times hereafter du­ring the said Term, freely, quietly, and peaceably have, hold and enjoy all and singular the Premisses hereby demised or mentioned to be demised, with their and every of their Appurtenances, and to re­ceive and take all the Rents, Issues and Profits thereof, without the let, trouble or interruption of him the said Sir C. W. or of any person or persons, claiming from, by or under him; And cleer and free and freely, cleerly and absolutely acquitted, freed and discharged of and from all and all manner of former and other Bargains, Sales, Lea­ses, Estates, Debts, Duties, Judgments, Statutes, Recognizances, Seisures, Sequestrations, Extents, Charges and Incumbrances what­soever, had, made, committed or done, or to be had, made, com­mitted or done, by the said Sir C.W. or by any Person or Persons claim­ing by from or under him.

And further also That he the said Sir C. W. shall not nor will at all intermeddle with any of the Moneys, Rents, or any other Issues or Profits of the Premisses which shall be paid or come to the hands of the said A. M. by reason of these Presents, or the Tust aforesaid; but shall and will permit and suffer her the said A. M. to have and dispose of the same at her own will and pleasure.

And further the said Sir C. W. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth Covenant,Covenant for further Assu­rance. Promise and Grant, to and with the said W. E. of &c. and Sir A. St. J. their Executors, Administrators and Assigns by these Presents; That he the said Sir C. W. shall and will from time to time, and at all times hereafter, At and upon the reasonable request and proper Costs and Charges in the Law of the said W. E. of &c. and Sir A. St. J. their Ex­ecutors and Administrators, do make, execute, acknowledge and suffer, all and every such further and other reasonable Act and Acts, Thing and Things, Devise and Devises in the Law whatsoever, for the further, better and more perfect assuring of the said Mannors and Premisses, with their Appurtenances, unto the said W. E. of &c. and Sir A. St. J. their Executors Administrators and Assigns, for the Term aforesaid; and upon the Trusts, and to the intents herein be­fore declared, Be it by Fine or Fines, Decree in Chancery, or in any other Court of Equity, or otherwise, As by them the said W. E. of &c. and Sir A. St. J. their Executors, Administrators or Assigns, shall be reasonably devised, advised or required.

And whereas several provisions have been made by the said J.M. de­ceased, for and concerning Portions and Sums of Money, for L.E. and A. C. Daughters of the said late J. M. and for their present Mainte­nance, He the said Sir C. W. for himself, his Heirs, Executors, Ad­ministrators and Assigns,Covenant not to meddle with the Chil­drens Porti­ons. doth further Covenant promise and grant to and with the said W.E. of &c. and Sir A. St. J. their Executors, Admini­strators and Assigns, by these Presents; That he the said Sir C.W. shall not nor will at all intermeddle with the said Portions or Sums of Mo­ney, or the proceed thereof, nor receive any of the Moneys appoint­ed for the said Portions; or for the Maintenance of the said L. E. and A. C. but shall and will permit and suffer the said A. M. and such as she shall appoint, and such other Persons as are empowred or entru­sted by the said J. M. wholly to dispose of the same, and of the Lands out of which they are to be raised, without any intermedling or inter­ruption of or by him the said Sir C. W. In witness. &c.

Covenant by the Mortgagee to convey after For­feiture.

THis Indenture made &c. Between E.S. of the one part And F. E. of the other part Witnesseth, That whereas the said E. S. Right owner and seized of the Mannor or Lordship of B. with the Rights, Members and Appurtenances thereof in the County of O. formerly the Inheritance of E. E. deceased, Father of the said F. And that absolutely Free and cleer of and from all manner of Right, Title, Claim and Interest of the said F. E. and his Heirs, or any pre­tence thereunto, either in Law or Equity, being at this time minded to sell the same, and to depart therewith, whereof the said F.E. ta­king notice, And having an earnest desire, as he pretendeth, that some of his Kindred, Friends, or near Acquaintance may have the refusal thereof; And having, as he likewise affirmeth, some hopes spee­dily to effect the same at the rate of Five Thousand pounds, being the price set and pitched by the said E. S. for the purchase thereof. Now to the intent and purpose, That it may appear to such as the said F. E. shall notifie the same to be a reality and not a fiction of his own, The said E. S. At the desire of the said F. E. doth for himself his Heirs, Executors and Administrators, Covenant, Promise, Con­descend and agree, to and with the said F. E. his Heirs, and Assigns, That in case the said F. E. or any other person or persons, by him the said F. nominated and appointed, under his Hand and Seal in wri­ting, for that purpose, shall well truly and punctually pay, or cause to be paid unto the said E. S. his Heirs and Assigns, the full Sum of Five Thousand pounds of lawfull Money of England, at the day, times and place after mentioned. That is to say, The full Sum of one Hundred pounds of lawfull Money of England upon the, &c. day of &c. next ensuing the date hereof in &c. between the hours of Two and Four of the Clock in the Afternoon of the same day, upon the Con­dition hereafter expressed and declared; And also the further Sum of Four Thousand nine Hundred Pounds of like Lawfull Money of En­gland, at one whole and intire payment in &c. as aforesaid, upon the &c. day of &c. next ensuing the date of these Presents without Fraud, Covin and delay, that then upon the said several payments duely truly and punctually made, as aforesaid, and not before or otherwise, He the said E. S. shall and will at the Request, Costs and Charges in the Law of the said F. E. or such his Assign or Assigns, Convey the said Mannor and Premisses in Fee-simple unto the said F. E. or to such per­son or persons as he the said F. shall so nominate and appoint, in such sort, manner and form, as by his or their Counsel learned in the Law shall be reasonably devised and advised, Discharged, or other­wise upon reasonable request freed and kept harmless, of, and from all Incumbrances, had, made, committed or done by the said E. S. or G. S. deceased, Father of the said Edward, or either of them, or any person or persons claiming by, from, or under them or either of them, so as such Conveyance or Conveyances do not contain any other or [Page 355] furthe Covenants then what are expressed in these Presents, or any other Warranty then against the said E. and G.S. and their Heirs; And so as he the said E. S. and his Heirs, be not compelled to travel further then the Cities of London and Westminster for the doing or making thereof.

And also that he the said E. S. shall and will after the full just and punctual payments of the said several Sums, as aforesaid, deliver, or cause to be delivered to the said F. E. or such his Assign or Assigns, all such Deeds, Evidences and Writings,Covenant to deliver wri­tings. Transcripts, Statutes, Ob­ligations and other Specialties whatsoever, touching or concerning the said Mannors and Premisses, or any of the Lands of the said F. E. or chargeable against the said F.E. as are in this the said E.S. his custody and keeping; And also consent to the delivery of what are in the Custo- and keeping of any other person or persons, in trust for him the said E. S. and G. S. and by the delivery and appointment of them or either of them.

And for a Further motive and inducement to the said F. E. for his doing his best endeavour to effect the same, The said E. S. doth fur­ther condescend and agree, That the said F. E. or such his Assign or Assigns, shall and may from henceforth untill the said, &c. day of &c. next ensuing the date hereof, being the day appointed for payment of the said One hundred pounds, as aforesaid, Have, hold, and enjoy the Premisses; And upon the due and punctual payment of the said One hundred pounds on the day, time and place as aforesaid, (not else or otherwise) shall and may Have, hold, and enjoy the Premisses, untill the said &c. day of &c. next Ensuing the date hereof, being the day a [...]pointed for the payment of the said Four Thousand nine Hundred pounds; And to take the Rents, Issues and profits thereof, during such time to his or their own use and benefit, without rendring any accompt for the same.

Provided always, and upon Condition, that during such time as the said F. E. or such his Assign or Assigns shall enjoy the said Premisses as aforesaid, by virtue of these Premisses, he the said F. E. or such his Assign or Assigns, do not commit willingly, permit or suffer any Wast,Proviso not to commit wast. Strip or Destruction in or upon the said Mannors and Premisses, or any part or parcel thereof, Provided also and upon Condition that upon default of any of the payments aforesaid, on the day, time and place aforesaid, or any part thereof, in manner and form, as aforesaid, unto the said E. S. his Heirs or Assigns, whether of them shall first happen, either on the said &c. day of &c. or on the &c. day of &c. if he the said F. E. or such his Assign or Assigns shall not immediately, from and after such default deliver and yield up the peaceable and quiet possession of the said Mannors and Premisses, and every part or par­cel thereof, unto the said E. S. his Heirs or Assigns, without any manner of molestation, disturbance, fraud, covin, deceipt or delay, That then this present Indenture and all herein contained shall be ut­terly void and of none effect.

Provided always, And upon Condition, That if the said F. E. or such his Assign or Assigns, shall not duly and punctually observe, per­form, fulfill and keep all and every of the Payments, Condition, Clauses and Agreements herein contained, according to the true intent and meaning of these Presents, that then this present Inden­ture [Page 356] and all therein contained shall utterly be void & of none effect, And that then and from thenceforth it shall and may be lawfull to and for the said E. S. his Heirs or Assigns to Enter in and upon the said Man­nors and Premisses, and the said F. E. and such his Assign or Assigns, and all other person and persons whatsoever, by all lawfull ways and means to remove expell and put out, any thing herein contained to the contrary thereof in any wise notwithstanding.

And it is expressed and mutually declared by these Presents, That the said One hundred pounds to be paid on the said &c. day of &c. next ensuing the date of these Presents, shall be paid upon this Condi­tion, That upon default of the due and punctual payment of the said Four Thousand nine hundred pounds, on the day, time and place as, aforesaid, that then the said E. S. his Heirs and Assigns is, and are to have, and keep the said One Hundred pounds in lieu and full satis­faction of all the Rents, Issues and Profits of the said Mannors and Premisses from the &c. day of &c. last past before the date hereof, unto the said &c. day of &c. next ensuing the Date hereof; And upon refusal of such payment of the said One hundred pounds, upon the Condition aforesaid, that then, and from thenceforth, this Inden­ture, and all therein contained, shall be utterly void and of none effect. And Lastly it is hereby further declared, And it is the true intent and meaning of all the said parties to these Presents, That if the said F. E. or such his Assign or Assigns, shall observe, perform, fullfill and keep all and every the Conditions, Payments, Clauses and Agreements herein contained, which on his and their parties are to be observed, performed, fullfilled and kept, or immediately upon any default thereof shall yield and deliver up quiet and peaceable possession of the said Mannors of B. and Premisses as aforesaid, And also this Deed In­denture to the said E. S. his Heirs or Assigns kept from all spoil, wast and destruction, in manner and form, as aforesaid, according to the true intent and meaning of these Presents, That then, and not be­fore, or otherwise he the said E. S. his Aeirs or Hssigns, shall and will at the Cost and Charges of the said F. E. his Heirs,Covenant to procure a Re­cognizance to be vacated. Executors, Administrators or Assigns, procure one Recognizance in the nature of a Statute Staple bearing date &c. whereby the said F. E. standeth bound unto the said G. S. in Five hundred pounds of lawfull Money of England, payable as by the same Recognizance or Statute Staple more plainly may appear, to be vacated and made void, or the same to remain in full force and virtue, to all intents and purposes, accor­ding to the first defeazance thereof; Any thing contained to the con­trary hereof of in any wise notwithstanding. In witness &c.

A Settlement of Lands upon the Wife upon Mar­riage, declaring several Ʋses.

THis Indenture made &c. Between J. B. of A. of the one part, And Sir H. B. of T. and D. H. his Wife, Sir P. M. of &c. and R. D. of &c. of the other part, Whereas the said J. B. by his Inden­ture of Bargain and Sale, bearing Date the day next before the day of the Date hereof, made or mentioned to be made, between him the said J. B. of the one part, and the said Sir P. M. and R. D. of the other part, Hath for the Consideration of Five shillings therein mentioned, bargained and sold unto the said Sir P. M. and R. D. All those several Lands, Meadow, and Pasture Grounds herein after mentioned, That is to say, One Close called &c. and also all Ways, Paths, Easments, Common of Pasture, Profits, Commodities and Appurtenances what­soever to the said several Lands, Meadow and Pasture Grounds, or any of them belonging, or in any wise appertaining; And also all that the Capital Messuage, or Mannor House in A. aforesaid, with the Buildings, Gardens, and other the Appurtenances thereunto belonging. And the Reversion and Reversions, Remainder and Remainders of all and singular the Premisses, And all Rents and Reservations reserved or payable by or upon any Demise, Lease, or Grant, Demises, Leases, or Grants, made or granted, or mentioned to be made or granted, of the said Lands, Meadow and Pasture Grounds, thereby bargained and sold, or mentioned to be bargained and sold, or of any of them, To have and to hold the said Messuage, Lands,Habend. Meadow and Pasture Grounds, and all and singular other the Premisses, with their, and every of their Appurtenances, unto the said Sir P. M. and R. D. their Executors, Administrators, and Assigns, from the day next be­fore the day of the Date of the said Indenture, for and during the term of One whole year from thence next ensuing, fully to be com­pleat and ended, As by the said Indenture of Bargain and Sale ap­peareth; Which said Indenture of Bargain and Sale was made, and lawfully executed before the Sealing and Delivery hereof of purpose, and to the intent that thereby, and by force of the Statute made for transferring Uses into possession, the said Sir P. M. and R. D. being lawfully possessed of and in the Premisses for the Term aforesaid, might be the more capable of taking a Grant and Release thereof by these Presents, to them and their Heirs, to the Uses herein after mention­ed.

Now this Indenture witnesseth, That in Consideration of a Marri­age lately had and solemnized between the said J. B. and J. M. eldest Daughter, and one of the Co-heirs of Sir W. M. and of the Marriage Portion of the said J. by him received, And in pursuance of the Cove­nants of the said J. B. specified and contained in one Indenture bear­ing Date &c. now last past before the Date hereof, made or mention­ed to be made between the said J. B. of the one part, and the said Sir H. B. and D. H. his Wife, Sir P. M. and R. D. of the other part, And for divers other good Causes and Considerations him the said [Page 358] J. B. thereunto moving,Release. He the said J. B. Hath granted, re­leased, and confirmed, And by these Presents doth grant, re­lease, and confirm unto the said Sir P. M. and R. D. their Heirs and Assigns, All and singular the said Messuage, Lands, Meadow and Pa­sture Grounds herein before mentioned to have been bargained and sold by the said Indenture herein before first recited, with all and sin­gular their, and every of their Appurtenances; And also the Rever­sion and Reversions, Remainder and Remainders, of all and singular the Premisses, And all the Estate, Right, Title, and Interest of him the said J. B. of, in, and to the Premisses, and every part and parcel thereof,Habend. To have and to hold the said Messuage, Lands, Meadow, and Pasture Grounds, and all and singular other the Premisses, with the Appurtenances, unto the said Sir P. M. and R. D. their Heirs and As­signs, To the Uses herein after mentioned, expressed, and declared concerning the same Premisses severally and respectively, and to no o­ther use, intent, or purpose whatsoever; That is to say, To the use and behoof the said J. B. for and during all the term of his natural life, without impeachment of or for any manner of Wast, other then in the hands herein after mentioned to be the Jointure of the said J.

And from and after the Determination of that Estate, Then as for and concerning all those several Lands, Meadow and Pasture Grounds herein after particularly expressed, To the use and behoof of the said J. now Wife of the said J. B. for and during all the term of her natu­ral life for her Jointure, and in lieu and recompence of her Dower, in all or any the Lands, Tenements, or Hereditaments of the said J. B. in corroboration of the Jointure and Estate therein limited to her by the said Indenture bearing Date the [...] day of F. now last past, before the Date hereof, Yielding and paying yearly, for every Acre of the said Land, Meadow and Pasture Ground which she shall Plow, Till, or Break up, or cause to be plowed, tilled, or broken up after the death of the said J. B. from and after the time the same shall be so first plowed, tilled, or broken up during the life of her the said J. the yearly Rent or Sum of Forty shillings, at two usual Feasts or Days of payment (that is to say) the Feast of &c. by even and equal Portions; And from and after the determination of the several Estates herein before limited as aforesaid, and as they shall respectively determine, To the use and behoof of the said Sir P. M. and R. D. their Heirs and As­signs, for and during the natural life of the said J. B. Upon trust only for preserving the contingent Uses and Estates thereof herein after li­mited, and to make Entries for the same, if it shall be needful; But that the said Sir P. M. and R. D. their Heirs or Assigns, shall not convert the Rents, Issues, or Profits thereof, or any part thereof to their own use.

And as well for and concerning the said Capital Messuage and Pre­misses herein before limited for the Jointure of the said J. as aforesaid, from and after the Decease of the Survivor of them the said J. B. and J. his Wife; As also for and concerning the said Capital Messuage, and all and singular other the Lands, Meadows, Pasture Grounds, and Pre­misses whatsoever hereby granted and released, or mentioned to be granted or released, with their and every of their Appurtenances, from and immediately after the Decease of the said J. B. To the use and behoof of the first SonTo the use of the first Son. of the said J. B. on the Body of the said J. [Page 359] begotten, or to be begotten, and the Heirs Males of the Body of such first Son lawfully to be begotten, And for default of such Issue, To the use and behoof of the second SonSecond Son. of the said J. B. on the Body of the said J. begotten, or to be begotten, and the Heirs Males of the Body of such second Son lawfully to be begotten, And for default of such Issue, to the use and behoof of the third SonThird Son. of the said J. B. on the Body of the said J. to be begotten, and the Heirs Males of the Body of such third Son lawfully to be begotten, And for default of such Issue, To the use and behoof of the fourth SonFourth Son. of the said J. B. on the Body of the said J. to be begotten, and the Heirs Males of the Body of such fourth Son lawfully to be begotten, And for default of such Issue, To the use and behoof of the fifth, sixth, seventh, eighth, ninth, tenth, and all other the SonsFifth, sixth, seventh, eighth ninth, tenth, and all the Sons. of the said J. B. on the Body of the said J. to be begotten, severally and successively one after another, in order and course as they shall be in order and seniority of Age and Priority of Birth, and the several Heirs Males of their several and respective Bo­dies lawfull to be begotten, the elder of the said Sons, and the Heirs Males of his Body being always preferred before the younger of the said Sons, and the Heirs Males of their Bodies; And for default of such Issue,Is with Child at the d [...]ath of the Hu [...]band to the use of Trustees for the Child. Then in case the said J. shall happen to be enseint with Child by the said J. B. at the time of his Death, To the use and behoof of the said J. Sir P. M. and R. D. and their Heirs, until the said J. shall be of such Child delivered, or dye, which shall first happen, in trust for the benefit of such Child; And if such after-born Child shall happen to be a Son, To the use and behoof of such after-born Son, and the Heirs Males of his Body lawfully to be begotten, And for default of such Issue, and after the determination of the said Estates herein be­fore limited in use, and as they shall respectively determine,The use of Trustees for 500 years. To the use and behoof of the said Sir P. M. and R. D. their Executors, Ad­ministrators and Assigns, for and during the term of Five hundred years from thenceforth next ensuing, fully to be compleat and ended, without impeachment of Wast.

Nevertheless upon such Trusts and Confidences as are herein after­mentioned and declared concerning the same Term of years and Estate, And from and after the end, surrender, or other determination of the said Term of Five hundred years, Then to the use and behoof of the said J. B. his Heirs and Assigns for ever.

And it is hereby declared, meant, and agreed by and between all and every the said Parties to these Presents, and the true intent and meaning of them, and every of them, and of these Presents is, That the said Term and Estate so as aforesaid limited unto the said Sir P. M. and R. D. their Executors, Administrators, and Assigns for the said Term of Five hundred years, is upon this special Trust and Con­fidence, and to the intent and purpose, that in case the said J. B. Wife of the said J. B. shall happen to dye during the life time of the said J. B. without any Issue Male on her Body begotten by the said J. B. and leaving one or more Daughter or Daughters, And that the said J. B. shall be married again to any other woman, That then they the said Sir P. M. and R. D. or the Survivor of them, or the Executors or Administrators of the Survivor of them, shall by Sale or Demise of all or any of the said Lands and Premisses, for all or any part of the said Term of Five hundred years, or otherwise, as to them in their [Page 360] discretions seem meet, levy and raise the Sum of Four Thou­sand Pounds for the Portion or Portions of such Daughter or Daugh­ters, To be paid in such sort, manner, and form as is herein after mentioned, That is to say, In case there shall be one such Daughter and no more, Then the said Sum of Four Thousand Pounds shall be levied and raised for the Portion of such one Daughter, And if there shall be two or more such Daughters, Then the said Sum of Four Thou­sand Pounds shall be levied and raised for the Portions of such two or more Daughters, to be equally divided amongst all such Daughters; Which said Portion or Portions, shall be paid unto such said Daughter or Daughters, who shall be under the Age of Eighteen years at the time of such Marriage again of the said J. B. at her or their res­pective Age or Ages of Eighteen Years; But if she or they, or any of them, shall have attained the said Age of Eighteen Years, before such Marriage again of the said J. B. Then the Portion or Portions of such said Daughter or Daughters, which shall have attained her or their said Age of Eighteen Years before such Marriage again of the said J. B. shall be paid unto her or them respectively within one year after such Marriage again of the said J. B.

And upon this further Trust and Confidence also, That after the said Sum of Four Thousand Pounds shall be levied and raised for the Por­tion or Portions of such said Daughter or Daughters, together with all Charges in or about the levying or raising thereof, Or that the said J. B. or any Person or Persons to whom any Estate is herein be­fore limited in remainder after the determination of the said Term of Five hundred years shall pay the same at or within the respective time and times limited for payment thereof, That then at any time after, as also in case, the said J. B. shall not be Married again to any other Woman, or that there shall be no such Daughter or Daugh­ters at the time of such Marriage again of the said J. B. They the said Sir P. M. and R. D. their Executors Administrators, and Assigns, shall and will at the reasonable Request and proper Costs and Charges, either of the said J. B. or of such person or persons to whom the next and immediate Estate, for the time being, of and in the Premisses expectant,Surrender the Lands. upon the determination of the said Term of Five hundred years, shall by the true intent and meaning of these Presents, belong or appertain, Surrender and yield up the said Estate and Term of Years unto such person or persons so requiring the same.

And the said J. B. for himself, his Heirs, Executors, and Admi­nistrators, doth Covenant, promise and grant, to and with the said Sir H. B. and D. H. his Wife, their Executors and Administrators, by these Present in manner and form following, That is to say, That he the said J. B. notwithstanding any Act or thing by him, or by R. B. his late Father deceased, done to the contrary, except as is herein af­ter excepted, at and immediately before the Sealing and Delivery of this Present Indenture, is solely, lawfully, rightfully, and absolute­ly seized of, and in all and singular the said Messuages, Lands, Mea­dow and Pasture grounds, and Premisses hereby granted and released, or mentioned to be granted and released, with the Appurtenances of a good, pure, absolute, and indefeizible Estate of Inheritance in Fee-simple,Seized of a clear Estate. And hath full power and authority in himself, to grant, release and convey the same, and every part thereof, unto the said [Page 361] Sir P. M. and R. D. their Heirs and Assigns, to the uses herein before mentioned, and in manner and form aforesaid, And that the same, for and notwithstanding any such Act or thing as aforesaid now are free and clear, of, and from all and all manner of former Estates, Charges and Incumbrances whatsoever, One Estate heretofore made and granted unto Sir J.G.W.P.T.S.W.B. their Executors and Admini­strators,Except a Lease of 14. years after the de­cease of the Father. for and during the Term of Fourteen years from the time of the decease of R. B. deceased, late Father of the said J. B. in and by one Indenture bearing date &c. made, or mentioned to be made, between the said R. B. of the one part, and the said Sir J. G. &c. of the other part; Of which said Term of Fourteen years, there is now about eight years yet to come and unexpired, And such Estate as the said J. B. hath made and granted of part of the Premisses by the said recited Indenture,And except the Jointure of the Mother. bearing date the said Twelfth Day of Febru­ary now last past, before the date hereof and such Estate as the said A.B. mother of the said Sir J. B. hath for her Jointure in some part of the Premisses not herein before limited for the Jointure of the said J. B. (only excepted and foreprized.)

And that the said Lands, Meadow and Pasture Grounds, and Pre­misses hereby granted and released, or mentioned to be granted and released, are of the clear yearly value of Five hundred pounds by the year over and above all Reprizes, publick Taxes excepted.

And the said J. B. for himself, his Heirs, Executors, and Admi­nistrators, doth further Covenant, promise,Covenant for further Assu­rance. and grant to and with the said Sir H. B. and D. H. his Wise, and either of them, their and either of their Executors and Administrators, by these Presents, That he the said J. B. and all and every other person and persons what­soever, any Estate having, or lawfully claiming of, in, or to the Premisses, or any part or parcel thereof, from, by, or under him shall and will, from time to time, and at all times hereafter, at and upon the reasonable request of the said Sir H. B. and D. H. his Wife, or either of them, or of the Executors or Administrators of the Survi­vor of them, do, make, levy, execute, acknowledge, and suffer, and cause to be done, made, levied, executed, acknowledged, and suffered, All and every such further, and other reasonable Act and Acts, Thing and Things, Assurances and Conveyances in the Law whatso­ever, for the further, better and more perfect assuring, setling and confirming of all and singular the Premisses herein before mentioned, or any part thereof, to the uses, intents, and purposes herein before expressed, concerning the same respectively, Be it by Fine or Fines, Feoffment or Feoffments, Common Recovery or Common Recove­ries, with single, double, or treble Uoucher or Uouchers, Release or Confirmation, or otherwise howsoever, As by the said Sir H. B. and D. H. his Wife, or either of them, or the Executors or Admi­nistrators of the Survivor of them, or by their, or any of their Coun­sel learned in the Law, shall be reasonably devised, or advised and required.

Provided always nevertheless, And it is Covenanted, concluded, condescended, and agreed unto by and between all the said Parties to these Presents, That it shall and may be lawfull to and for the said J. B. from time to time and at any time or times during his life, having more Sons then one by him begotten upon the Body of the said J. then [Page 362] living, and not in any other case, by any Deed or Deeds, Writing or Writings,Power to re­voke if any Sons, so that the trust be in such Son or Sons. to be subscribed and sealed by him, in the presence of two or more credible Witnesses, to revoke, make void, transpose, or alter all and every, or any the Uses and Estates herein before menti­oned, limited, or appointed to the Sons of the said J. B. on the Body of the said J. begotten, or to be begotten, and the Heirs Males of their Bodies, So as by the same Writing or Writings, new Use or U­ses in stead thereof be declared, limited, or appointed of the said Premisses, to some or one of the Sons of the said J. B. begotten on the Body of the said J. and the Heirs Males of his or their Body or Bodies, to take place and interpose where the said Uses hereof be re­voked, made, void, transposed, or altered, should have taken place, in Case no such Deed or Writings had been made, and that no Use or Uses be thereby limited to any other person or persons whatsoever, other then to some or one of the Sons the said J. B. begotten upon the Body of the said J. as aforesaid, And that immediately from and after such revocation, making void, transposition, or alte­ration, declaration, limitation, or appointment of other, or new Use or Uses as aforesaid, the said Sir P. M. and R. D. and their Heirs, shall stand, and be seized of all and singular the said Premisses, with the Appurtenances, whereof such revocation, making void, trans­position, or alienation, shall be so made from and immediately after the respective determinations of the other Estates of the same Premisses, herein before limited in Use preceeds the Estate hereof, limited to the said J. B. and not intended, nor mentioned to be revocable to such Use or Uses, and in such Mannor, as is and by the said Writing or Writings, declaring, limiting, or appointing such new, or other Uses in manner as aforesaid, shall be declared, limited, or appoint­ed. In witness &c.

A Lease of Fourscore years, with special Cove­nants to pay all Taxes, and dig up Ground to make Bricks, &c.

THis Indenture made &c. Between Sir H. B. of &c. on the one part, And C. A. &c. on the other part, Witnesseth, That the said Sir H. B. for and in Consideration of the yearly Rent herein reserved, and also of the Covenants, Articles, and Agreements by and between the said Sir H. B. and the said C. A. Parties to these Presents, made, concluded, and agreed upon hereafter mentioned, and on the part and behalf of the said C. A. his Executors and Assigns, to be paid, performed, fulfilled, and kept, And for divers other good Causes and Considerations him the said Sir H. B. thereunto especially moving, Hath demised, granted, set and to Farm-let, And by these Presents doth demise, grant, set, and to Farm-let unto the said C. A. his Exe­cutors, Administrators, and Assigns, All that his Messuage or Tene­ment, [Page 363] together with all Buildings, Gardens, and Appurtenances whatsoever to the same Messuage or Tenement belonging, and in any wise appertaining; And also all those his &c. together with all and singular such Woods, Under-woods, and Timber Trees, as are now at the time of the making of this present Indenture of Lease, growing, standing, or being upon the Tenements and Premisses aforesaid, or upon any part or parcel thereof, And all and singular Pastures, Feed­ings, Commons, Profits, Commodities, and Appurtenances whatso­ever, unto the said Messuage or Tenement, Meadow, Pasture Grounds, and Premisses aforesaid, or to any part or parcel thereof, of right in any wise belonging or appertaining, To have and to hold the said Mes­suage or Tenement, Buildings, Gardens, Meadows, Pastures,Habend. Pasture Grounds, Woods, Under-woods, Timber Trees, and all and singular other the before demised Premisses, and every part and parcel thereof, with their and every of their Appurtenances, unto the said C. A. his Executors, Administrators, and Assigns, from the [...] day of [...] now last past, for and during, and unto the full end and Term of Fourscore years from thence next and immediately ensuing, and fully to be compleat and ended; The said C. A. his Executors,Reddend. Administrators, and Assigns, Yielding and paying therefore yearly and every year, during the said Term of Fourscore years, unto the said Sir H. B. his Heirs and Assigns, the yearly Rent or Sum of &c. at or in &c. at two of the most usual Feasts or Terms of payment in the Year, that is to say, The Feast-day of the Annunciation of Ma­ry the Virgin, And the Feast-day of St. Michael the Archangel, by even and equal Portions, without any deduction,Without de­duction of Taxes, &c. defalcation or abatement to be made, for or in respect of any Taxes, Charges, or Assessments whatsoever, for the Army or Navy, or for any other matter or thing whatsoever, ordinary or extraordinary.

Provided always, and upon Condition, That if it shall happen that the said yearly Rent of &c. or any part or parcel thereof,Proviso upon payment of Rent to re-enter. shall be behind and unpaid, by the space of One and twenty days next, over or alter either of the said Feasts or Days in which the same ought to be paid, being lawfully demanded, That then and from thenceforth, and at all times thence after, it shall and may be lawful to and for the said Sir H. B. his Heirs and Assigns, or any of them, into the said Mes­suage or Tenement, Buildings, Gardens, Meadow and Pasture Grounds, and all and singular other the demised Premisses, and every part and parcel thereof, with their Appurtenances, wholly to re-enter, and the same to have again, repossess, and enjoy, as in his and their for­mer Estate; And the said C. A. his Executors, Administrators, and Assigns, and every of them, and all other the Tenants and Occupiers of the said demised Premisses, or any part or parcel thereof, thereout, and from thence utterly to expel, amove, and put out, This Inden­ture, or any thing herein contained to the contrary thereof in any wise notwithstanding.

And the said C. A. for himself, his Executors, Administrators, and Assigns, doth covenant, promise, and grant, to and with the said Sir H. B. his Heirs and Assigns, that he the said C. A. his Executors, Administrators, and Assigns, or some of them, shall and will, from time to time, during the said Term, at his and their own Cost and Charges, over and besides payment of the Rent above reserved, bear [Page 364] and pay all and all manner of Taxes and Assessments whatsoever,Covenant to pay all Taxes, ordinary or extraordinary. or­dinary or extraordinary, and by any Power or Authority whatsoever to be layed, taxed, or imposed, either upon the said Lands and Pre­misses, or any part thereof, or upon the Owners or Occupiers, or Landlord or Landlords thereof, or of any part thereof, for or in respect of the said Lands and Premisses, or of the Rent hereby reserved And also that the said C. A. his Executors, Administrators, and Assigns, shall and will well and truly pay, or cause to be paid unto the said Sir H. B. h his Heirs and Assigns, the said yearly Rent or Sum of &c. afore­said, on the Feasts or Days of payment aforesaid, or within One and twenty Days next ensuing either of the said Feasts or Days, by even and equal Portions, in manner and form aforesaid, and without any defalcation, deduction, or abatement of any thing for Taxes as afore­said, in respect that a less Rent is hereby reserved in Consideration that the same shall be paid, without Abatement for Taxes, then otherwise was agreed to have been reserved, and the said demised Premisses would have been letten for.

Covenant to digg up any Earth to make Bricks or Tyles. And the said Sir H. R. for himself, his Heirs and Assigns, and for every of them, doth covenant, promise, and grant, to and with the said A. his Executors and Assigns, and to and with every of them by these Presents, that it shall and may be lawful to and for the said C. A. his Executors, Administrators, and Assigns, and for every of them, and for his, their, or any of their Workmen, Servants, and Labou­rers from time to time, and at all times during the said Term, at his and their will and pleasure, without the let, molestation, or impeach­ment of the said Sir H. B. his Heirs or Assigns, in any convenient place or places of the said Premisses, where it may be least hurtful to the said Sir H. B. his Heirs and Assigns, to digg, take, and cast up such and so much Earth and Clay out of the said Meadows, Pastures, Closes, and Premisses, as the said C. A. his Executors, Administrators, or As­signs, and his or their Workmen, Servants, and Labourers, shall make, use, and convert into Brick or Tyles, the same Brick or Tyles to be used, occupied, and imployed only in and about the making, building, and erecting of new Messuages, Houses, or Tenements, in and upon the Premisses hereby demised, or for the repairing, amend­ing,To fill up and make level the Ground dugg up. or bettering thereof, and not otherwise, The said C. A. his Exe­cutors, Administrators, or Assigns, or some of them, from time to time also filling up and making level the Holes and Pits to be wrought and made in the said Ground, or any part thereof, by reason of the digging, taking, and casting up Earth and Clay as aforesaid.

And That it shall and may be lawfull, to and for the said C. A. his Executors and Assigns,To plant an Orchard with Fruit Trees. to plant, and make, in or upon any conve­nient place, or part of the demised Premisses, one or more Orchard or Orchards, with such store of Fruit Trees as the said C. A. or his Assigns shall think meet and convenient, And the same Orchard or Orchards, and Fruit Trees, so made and planted, shall and may fence, preserve, and keep from spoil and hurt of Cattle, and from all other harm and destruction.

And the said C. A. for himself, his Executors, Administrators, and Assigns, and for every of them, doth covenant, promise, and grant, to and with the said Sir H. B. his Heirs and Assigns, and to and with every of them, by these Presents, in manner and form following; [Page 365] That is to say, That from time to time, and at all times hereafter, during the whole Term aforesaid,To cut down no Trees, nor digg any Earth for making of Bricks or Tyles but shall be imployed up­on the Pre­misses. all and singular such Timber and Trees as are now Standing or being upon the said Premisses, or any thereof, and as he the said C. A. his Executors, Administrators, or As­signs, or any of them, shall at any time hereafter, during the said Term, fell, stub up or cut down, and all and singular such Earth and Clay as shall be, at any time hereafter, during the said Term digged or cast up in the said Ground, or any part thereof, for the making of Bricks and Tiles, and all Bricks and Tiles, so thereof from time to time to be had or made, and all Grit, Stone, Sand, or other Stuff, shall be by him the said C. A. his Executors, Administrators, and As­signs, and every of them, used, disposed, and wholly imployed, for, in, and about the repairing, amending, or new building of and upon the said Premisses hereby demised, or upon some parcel thereof, or for the necessary repairing, maintaining, amending, or new making, (if need shall so require) of all, or any of the Banks, Dams, Sewers, Ditches, or other necessary Fences, in or about the Premisses, or some part thereof; And that the same shall not, nor any part thereof, shall be used, disposed, or imployed to any other use or purpose what­soever.

And also that he the said C. A. his Executors, Administrators, and Assigns, or some of them,Covenant to repair. at his and their own proper Costs and Charges, shall and will well and sufficiently repair, uphold, sustain, and keep, maintain and amend the said Messuage or Tenement, and all other the Messuages or Tenements, Orchards or Gardens, as shall be at any time or times, during the said Term, upon any part of the said Premisses, made, built, planted, or erected, and all and singular o­ther the Premisses, with the Appurtenances, and every part and par­cel thereof, in, by, and with all and all manner of needful and neces­sary reparations whatsoever.

And also shall and will level, even, fill up all such Holes, Pits, or Sinks as shall be at any time made, cast up, or digged in any part of the Premisses for Clay, Sand, or other necessary Earth, to be used as aforesaid, from time to time, and at all times hereafter, when and as often as need and occasion shall require, during the said Term hereby granted.

And further also, The Hedges▪ Ditches, Sewers, and Fences what­soever to the said Messuage, Tenements, and Premisses, belonging or appertaining, shall cause to be scowred, cleansed, made clean, re­paired and am [...]nded from time to time, as often and when as need shall be and require, during the said Term, and the same Premisses, and every part and parcel thereof, well and sufficiently repaired, supported, maintained, scowred, cleansed, made clean and amended, together with the Locks, Keys, Bolts, Staples, Latches, Hooks, Hin­ges, Windows, Doors, Glass of the same Premisses, so well and suf­ficiently made, glazed, and amended in the end of the said Term of Fourscore years, or other sooner Expiration or Determination of the present Lease, shall peaceably and quietly leave, surrender, and yield up unto the s [...]id Sir H B. his Heirs and Assigns.

And also that it shall and may be lawful,To view the Reparations. to and for the said Sir H. B. his Heirs and Assigns, or his or their Servant or Servants, with Workmen and others, in his or their Company, or without twice in [Page 366] every year during the said Term, or after, at times convenient to come into, and upon the before-demised Premisses, and every, or any part thereof, to view, search, and see the Estate and Conditi­on of the Reparations of the same and such other Buildings as shall be thereupon erected.

And upon every such view and search, to give or leave notice in writing, at the said demised Premisses, to or for the said C. A. his Executors, Administrators, and Assigns, of all defaults and lacks of Reparations then and there found, to repair and amend within six Months after such view made, and notice given as aforesaid, Within which time and space of six Months he the said C. A. for himself, his Executors, Administrators, and Assigns, and every of them, doth Covenant, promise, and grant, to and with the said Sir H. B. his Heirs and Assigns, well and sufficiently to repair and amend the same, And that he the said C. A. his Executors, Administrators, and Assigns, shall and will from time to time, and at all times during the said Term,To set up Land-Marks &c. well and sufficiently make, set up, maintain and keep, or cause to be set up and kept, sufficient and convenient Land-marks, Stones, Fences, or Inclosures upon the uttermost parts and places of the said Tenements and Premisses hereby granted, for the better keeping and preserving of all and singular the just and true Li­mits, Bounds, and Boundaries of the same Premisses, from and a­gainst the Common Highway there, and also from and against all o­ther the Grounds or Inclosures, of all or any other person or persons whatsoever thereupon abutting or lying or in any wise thereunto ad­joyning.

Covenant for peaceable en­joyment. And the said Sir H. B. doth for himself, his Heirs and Assigns, Co­venant, promise, and grant, to and with the said C. A. his Execu­tors, Administrators, and Assigns, and to and with every of them, by these Presents, That he the said C. A. his Executors, Administra­tors, and Assigns, and every of them, paying the said yearly Rent of &c. as it is reserved, and as the same ought to be paid, and pay­ing, doing and performing all the Covenants, Payments, Provisoes, Conditions, and Agreements in these Presents mentioned, which on his and their parts are or ought to be paid, done performed, and kept, according to the true intent and meaning of these Presents, shall or may lawfully, peaceably, and quietly have, hold, use, oc­cupy, possess, and enjoy the said Tenements and Premisses, and e­very part and parcel thereof, before by these Presents demised, for and during all the said Term of Fourscore years herein before granted, without any lawfull let, suit, trouble, denial, eviction, interrup­tion, or disturbance of him the said Sir H. B. his Heirs, Executors, Administrators, or Assigns, or any of them, or any other person or persons whatsoever, lawfully claiming by, from, or under him, them, or any of them. In witness.

Assignment of Bonds and Letter of Attorney.

THis Indenture Between A. S. of the one part, and H.C. of the other part, Whereas Sir W. B. of &c. Did heretofore by Indenture bearing Date the day of &c. made between him the said Sir W. B. of the one part, and the said A. S. of the other part, Demise unto the said A. S. divers Lands and Hereditaments in C. in the County of S. for the Term of One thousand pounds therein mentioned, for securing the true payment of 1500 l. with Interest for the same at Days long since past, as is therein expressed, with Covenants therein contained, on the part of the said Sir W. B. as by the said Indenture may ap­pear. And whereas also, The said Sir W. B. by his Writing Obliga­tory, bearing Date the said day of &c. did become bounden unto the said A. S. in the Sum of 2500 l. of lawful money of England, with Condition thereupon Indorsed for the true performance of the Cove­nants in the said Indenture contained on the part of the said Sir W. B. to be performed, or to that effect, as by the said Obligation and Con­dition thereof may appear.

And whereas all the said money was not paid by the said Sir W. B. at the days and times in the said Indenture limited and appointed for payment thereof; And whereas also the said Sir W. B. and T. B. Esq; Son and Heir, by their Obligation or Writing Obligatory, bearing Date the day of &c. did become joyntly and severally bounden unto the said A. S. in the Sum of 2400 l. of lawful money of England, under which Bond it is expressed, that 300 l. part of the said principal mo­ney of 1500 l. before mentioned, and all the Interest for the said prin­cipal Sum to the Tenth day of that Instant January was paid, And the effect of the Condition of the said last mentioned Obligation is for true payment unto the said A. S. his Executors, Administrators, or Assigns, the full Sum of 1200 l. and 36 l. for Interest for the same, upon the day of &c. then next following the Date of the said last mentioned Obliga­tion, which was farther secured by the said Lands and Hereditaments in the said Indenture mentioned, as by the said last mentioned Obli­gation and Condition thereof more plainly appeareth.

And whereas the said Sir W. B. hath since paid 200 l. more of the said principal Sum to the said A. S. so that there is now behind and un­paid of the said principal moneys, the just Sum of 1000 l. and no more, which is secured, or intended to be secured, as well by the said Inden­ture of Demise of the said Lands and Hereditaments in C. as also by the said two several Obligations herein before mentioned.

And whereas the said A. S. by one other Indenture bearing even Date with these Presents, Hath for the Consideration of 1000 l. there­in mentioned, and truly paid him by the said H. C. bargained, sold, as­signed, and set over unto him the said H. C. the said Lands and Heredi­taments in C. and all the Term to come and unspent of the said One thousand years, in the said first recited Indenture mentioned, as by the said Indenture bearing even Date with these Presents may ap­pear.

Now this Indenture witnesseth, That the said A. S. for and in con­sideration of the said Sum of 1000 l. to him in hand paid by the said H. C. the same being as well the consideration of these Presents, as of the said other Indenture bearing even date with these Presents, and the Receipt whereof the said A. S. hath thereby acknowledged, and doth also hereby acknowledge, Hath granted, assigned, delivered, and set over, And doth by these Presents grant, assign, and set over unto the said H.C. the said 2 several Obligations, or Writings obligatory here­in before-mentioned;Letter of At­torney. And the several Debts and Sums of money therein mentioned; And the said A. S. Hath also made, constituted, appoint­ed, and in his place and stead put, And doth by these Presents make, constitute, appoint, and in his place and stead put the said H. C. his true and lawful Attorney irrevocable, and doth give and grant unto him the said H. C. full Power and Authority, in the name, place, and stead of him the said A. S. to sue, arrest, implead, imprison, and con­demn the said Sir W. B. and T. B. or either of them, their or either of their Heirs, Executors, or Administrators, upon the said several Obli­gations, or either of them, at the will and pleasure of the said H. and whensoever he shall find or think it necessary so to do, and to obtain Judgment or Judgments, and to sue forth Execution or Executions thereupon, And to do, and cause to be done, all and every, or any act, matter, or thing whatsoever, for the recovering, obtaining, and get­ting any Sum or Sums of money whatsoever, due and payable, or to become due and payable, by or upon the said several Obligations, or either of them, or by or upon any Judgment or Judgments to be had thereupon, or upon either of them, which the said A. S. may or might lawfully do, or cause to be done.

And for the better doing or effecting thereof, one or more Attorney or Attorneys to make and appoint, And the same also to revoke, and other or others in his or their place to put at the free will and pleasure of him the said H.C. And also the said A.S. doth hereby give and grant unto the said H.C. full Power and Authority, in the name, place, and stead of him the said A. S. to release, acquit, and discharge unto the said W. B. and T.B. or either of them, their, or either of their Executors or Administrators, the said several Obligations, or either of them, or any Debt or Debts, due, or to be due thereupon, or upon either of them, and also to acknowledge, or cause to be acknowledged, satisfaction up­on the Record or Records of any Judgment or Judgments to be had upon the said several Obligations, or either of them.

And farther also, the said A.S. doth by these Presents give and grant unto the said H. C. his Executors and Administrators, full power, leave, and authority, to keep and detain to his and their own proper use, all such moneys whatsoever, as shall or may be recovered or had, by or upon the said Obligations, or either of them, without any accompt to be made or given to him the said A. S. his Executors or Administrators for the same.

Covenant not to Release. And the said A. S. for himself, his Executors and Administrators, doth covenant, promise, and grant, to and with the said H.C. his Ex­ecutors and Administrators, by these Presents, That he the said A. S. hath not heretofore released the said Obligations, or either of them, nor otherwise discharged, or any way impeached the same, save only by the receipt of such part of his principal Money and Interest, as is herein before mentioned to have been received.

And that he the said A. S. shall not, nor will not, at any time or times hereafter, revoke or make void this Letter of Attorney, or any Power or Authority hereby given, nor disavow any Action or Suit that shall be brought in his Name, upon the said Obligations, or either of them.

And moreover, That he the said A. S. his Executors or Administra­tors, shall and will, from time to time, and at all times hereafter, at and upon the reasonable Request and proper Costs and Charges of the said H. C. his Executors or Administrators, make, seal, and deliver all and every such further and other reasonable act and acts,Covenant for further Assu­rance. thing and things; for the further enabling and authorizing the said H. C. his Ex­ecutors or Administrators, to sue for, obtain, get, recover, keep and detain any Sum or Sums of Money due, or to become due upon the said several Obligations, or either of them, or upon any Judgment or Judgments to be had upon the said Obligations, or either of them, As by the said H. C. his Executors or Administrators, or his or their Counsel learned in the Law, shall be reasonably devised, or advised and required.

Provided always, And it is hereby concluded and agreed, by and between the said Parties to these Presents, And the said H.C. for him­self, his Heirs, Executors, and Administrators, doth covenant,Covenant to save harmless from all Acti­ons, &c. pro­mise, and grant to and with the said A. S. his Executors and Admini­strators, by these Presents; That he the said H. C. his Executors or Administrators, shall and will, from time to time, and at all times, save, keep harmless, loss-less, and indempnified the said A. S. his Ex­cutors and Administrators, and his and their Lands; Tenements, Goods and Chattels, of and from all Costs and Charges of or for the Prosecu­tion of any Action or Actions, Suit or Suits, to be brought in his or their Name of Names, upon the said several Obligations, or either of them, and of and from all Costs or Charges which may be recovered against the said A. S. his Executors or Administrators, in any such A­ction or Actions, Suit or Suits, by reason of any Non-suit or other­wise howsoever; And of and from all Costs and Charges of defending or prosecuting any Suit or Suits, in any Court or Courts of Equity, or elsewhere, for or concerning the said Obligations, or either of them, or for or concerning any matter or thing whatsoever, any way relating to the said Obligations, or either of them, or to a­ny thing to be done thereupon, or any way relating to the said Debt due from the said Sir W. B. or any Security taken for the same, the benefit of which Security is assigned over to the said H. C. as aforesaid. In witness, &c.

A Grant and Surrender of a Lease of Ninety-nine years.

THis Indenture made &c. Between B. W. of the one part, And C. A. of the other part, Whereas the said C. A. by Indenture under his Hand and Seal bearing date &c. for the Considerations there-mentioned, did demise, grant, bargain, and sell unto the said B. W. and to C. T. (amongst other things) all and singular the Closes, Lands, Tenements, and Hereditaments hereafter, in and by these Presents granted and surrendred, or mentioned to be granted or sur­rendred, To have and to hold the same, with all and singular their Appurtenances, unto the said B. W. and C. T. their Executors and As­signs, from the Feast of &c. last past before the Date of the same In­denture for and during, and unto the full end and Term of Fourscore and nineteen years from thence next ensuing, fully to be compleat and ended, without Impeachment of, or for any manner of Wast, under the yearly Rent of Five shillings payable yearly, at the Feast of &c. by even and equal Portions during the said Term, as in and by the said Indenture, relation being thereunto had, more at large ap­peareth; By virtue whereof, they the said B. W. and C. T. were lawfully possessed of all the same Closes, Lands, and Hereditaments, for and during all the said Term of Fourscore and nineteen years there­into come and unexpired, the Reversion thereof over to the said C.A. and his Heirs.

And whereas he the said C. T. is since deceased, whereby the said Term did wholy accrue unto the said B. W. by right of Survivorship, and the said B. W. is now possessed of the said Premisses, for and du­ring the residue of the said Term of Fourscore and nineteen years yet to come and unexpired, Now this Indenture witnesseth, That the said B. W. for divers good Causes and Considerations him moving and more especially for that the said E. A. hath disengaged him of and from the Debts for which the said Lease was meant and intended to be his Counter-security, Hath granted and surrendred,Surrender. and by these Presents doth grant and surrender unto the said C. A. his Heirs and Assigns, All the Estate, Right, Title, Interest, Claim, and Demand what­soever, of him the said B. W. of, in, to All that Close, or par­cel of Ground, lying and being &c. called and known &c. with the Meadow Ground lying &c. And of, and in all other the Closes, Lands, Tenements, and Hereditaments, which now are or at any time here­tofore were the Freehold or Inheritance of the said C. A. And of, in, and to all and singular Commons, Hedges, Ditches, Mounds, Fences, Free-bords, Ways, Easements, Profits, Commodities, Royalties, Priviledges, Jurisdictions, Advantages, Emoluments, and Here­ditaments whatsoever to the said Closes, Pastures, and Premisses, or any of them belonging, or in any wise appertaining, or therewith, or with any of them, used, occupied, or enjoyed, let, set, or demised, as part, parcel, or member of them, or any of them, To have and to hold the said Closes, Pasture-Grounds, Meadows, [Page 371] and all and singular other the Lands, Tenements, Hereditaments, and Premisses hereby granted, and surrendred, or mentioned to be granted and surrendred, with their and every of their Appurtenances, unto the said C. A. his Heirs and Assigns, for all such Estate, Term, or Interest, as the said B. W. hath or ought to have therein by vertue of the said recited Indenture of Lease or otherwise howsoever. And the said B. W. for himself his Heirs, Executors, Administrators,Covenant a­gainst Incum­brances. and Assigns, and for every of them, doth Covenant, promise, and grant, to and with the said C. A. his Heirs and Assigns, by these Presents, That he the said B. W. hath not done, or willingly and wittingly suffered to be done, any Act or thing, whereby the said Closes, Lands, Tenements, Hereditaments, and Premisses hereby granted and surrendred, or mentioned to be granted and surrendred, or any part thereof, are, or may be any way impeached, charged, or incumbred, in Title Charge, Estate, or otherwise. In witness &c.

A Defeazance of Recognizance.

THis indenture made &c. Between T. C. of the one part, And Sir J. W. of the other part, Whereas by one Recognizance taken and acknowledged before &c. in his Court of Chancery, the day of the Date of this present Indenture, The said Sir J. W. Hath acknowledged himself to owe unto the said T. C. three thousand pounds of lawfull Money of England, payable as is herein menti­oned, As by the said Recognizance more plainly appeareth.

Now this Indenture Witnesseth, That the said T. C. is contented and well pleased, And doth for himself, his Executors, and Admi­nistrators grant and agree, to and with the said Sir J. W. his Heirs, Executors, Administrators, and Assigns by these Prents, That if the said Sir J.W. his Heirs, Executors, and Administrators, do and shall, for his and their part, well and truly observe, perform, fulfill and keep, all and singular the Covenants, Grants, Articles and Agreements, menti­oned and contained in one Indenture Tripartite, bearing date &c. made, or mentioned to be made between the said Sir J. W. and D. M. his Wife of the first part, the said T. C. of the second part, and G. N. of the third part, which on the part and behalf of the said Sir J. W. his Heirs, Executors, or Administrators, are to be observed, performed, fulfilled, and kept; That then the said Recognizance shall cease and be void, Otherwise it shall remain, and be in full force, effect, and virtue. In witness &c.

An Annuity, &c.

TO all Christian People to whom these Presents shall come, H. R. sendeth Greeting; Know ye, That the said H. R. for good Considerations him moving, Hath given, granted, and confirmed, and by these Presents, for him and his Heirs, doth give, grant and confirm unto L. R. Brother of the said H. one Annuity or yearly Rent-Charge of Forty pounds of lawful Money of Eng­land, to be issuing out of all that Messuage or Tenement, with the Appurtenances, situate &c. called or known &c. and out of all that Close or inclosed Ground adjoyning unto the said Messuage or Tenement, and therewith usually occupied and enjoyed; The site of which said House, and the said Close thereunto adjoyning, containing by estimation Thirty five Acres, be the same more or less, and out of all those Grounds in W. aforesaid, or one of them called or known by the name of C. containing by Estimation For­ty four Acres, be the same more or less, and out of all the Rights, Members, and Appurtenances unto the before-mentioned Premisses, or any of them belonging, or in any wise appertaining, To have, hold, Habend. and perceive the same Annuity or yearly Rent-Charge to the said L. R. and his Assigns, from and immediately after the Decease of the said H. R. for and during the natural Life of the said L. R. To be paid at the Church Porch of &c. yearly, at the Feast Days of the Annunciation of the Blessed Virgin St. Ma­ry, and the Feast of St. Michael the Arch-Angel, by even and equal Portions.

And the said H. R. doth further grant for him, his Heirs and Assigns, That if the said Annuity or yearly Rent of Forty pounds, or any part thereof, shall happen so to be behind and unpaid by the space of Forty days next after any of the said Feast Days on which the same ought to be paid,Covenant to Enter. That then it shall and may be lawful to and for the said L. R. and his Assigns, into the said Mes­suage or Tenement, and all and singular the Premisses, or any part or parcel thereof, to Enter and Distrain for the said Annuity or yearly Rent, and also for the Arrearages thereof, if any shall be, and the Distress and Distresses there so taken, to lead, drive, and carry away, and the same to detain and keep, until he the said L. R. and his Assigns, of the said Annuity or yearly Rent, and of the Arrearages thereof, and of every part and parcel there­of, shall be fully satisfied and paid, according to the true mean­ing of these Presents. In witness, &c.

A Letter of Attorney to Deliver an Assign­ment.

TO all People to whom this present Writing shall come, I H.D. of &c. send Greeting; Whereas I the said H. D. have sign­ed and sealed one Writing Indented, bearing even Date with these Presents, purporting a Bargain, Sale, and Assignment made by me unto T. R. of a parcel of Pasture Ground, called &c. and of divers other Lands, Tenements, and Hereditaments therein men­tioned, lying and being &c. which were heretofore to me demi­sed by M. W. 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. D. have made, constituted, appointed, and in my place, and stead put W. E. my true and lawful Attorney for me, and in my name, place, and stead to En­ter into and upon the said parcel of Pasture Ground, and other the Lands, Tenements, and Hereditaments in the said Writing mentioned, and every of them, and every or any part thereof, And there upon the Premisses, for me, and in my name, place, and stead, to deliver unto the said T. R. or to his lawful Attor­ney or Attorneys in that behalf, the said Writing Indented so by me signed and sealed as aforesaid, as the Act and Deed of me the said H. D. And further to do whatsoever may be necessary in that behalf; And whatsoever my said Attorney shall do, or cause to be done in the Premisses, I the said H. D. do and shall ratifie, confirm, and allow, as if I in my own person had done the same. In witness whereof, &c.

An Assignment of a Bond and Judgment, with a Letter of Attorney.

THis Indenture made &c. Between F. L. of &c. of the one part, And A. D. of &c. of the other part, Whereas by one Obligation or Writing Obligatory, bearing Date &c. Sir P. T. since Deceased, and Sir A. D. since also Deceased, became bound unto the said F. L. in the Sum of Six hundred pounds of lawful Money of England, with Condition there under written for payment of Three hundred and eighteen pounds on &c. next ensuing the Date of the said Obligation, as by the said Obligation and Condition there­of, relation being thereunto had may appear.

And whereas the said F. L. did in Trinity Term, in the Year of our Lord One thousand six hundred forty and Eight, recover by Judg­ment, in the Court of Common Pleas, against the said Sir P. T. the [Page 374] Sum of Six hundred pound Debt, and Eighty shillings for Damages, As by the Record thereof may appear.

Now this Indenture witnesseth, that the said F. L. for and in Con­sideration of a competent Sum of lawful money of England to him in hand paid by the said A. D. at or before the Sealing and Delivery of this Present Indenture, the receipt whereof the said F. L. doth hereby acknowledge, Hath granted, transfered, assured, and set over, And by these Presents, doth grant, transfer, assign, and set over unto the said A. D. his Executors, Administrators, and Assigns, as well the said Obligation, or Writing Obligatory, as also the said Judgment, and all the benefit, commodity, Sum and Sums of Money &c. that may be obtained or gotten, by reason or means of the said Obligati­on and Judgment, or either of them, or of any other Judgment had or obtained; or to be had, sued, executed, or obtained by the said F. L. against the said Sir P. T. or the Heirs, Executors, or Admini­strators of the said Sir P. T.

And further, the said F. L. doth by these Presents, make, or­dain, constitute, authorize and appoint the said A. D. his true and lawfull Attorney Irrevocable in his name, place, and stead, to sue and prosecute upon the said Judgment, and to procure any further Judgment or Judgments, Execution or Executions against the Heirs, Executors, or Administrators of the said Sir P. T. for the said Sum of Money in the said Obligation mentioned, and upon satisfaction given, or any other End, Composition or Agreement made or concerning the Premisses, to acknowledge satisfaction, or to make and do any other Release and Discharge for the same; And further, to do all and eve­ry other Act and Acts, thing and things whatsoever, which shall be Requisite and needfull to be done, in or about the Premisses, so fully as the said F. L. might or could do the same, being personally pre­sent at the doing thereof.

And the said F. L. for himself, his Executors, and Administrators and every of them, doth Covenant, promise, and grant, to and with the said A. D. his Executors and Administrators, and every of them, by these Presents, That he the said F. L. his Executors and Admini­strators, and every of them, shall and will justify, allow, ratifie and perform, all and whatsoever the said A. D. his Executors or Ad­ministrators, shall lawfully do, or cause to be done, in or about the Premisses, And that neither he the said F. L. his Executors nor Ad­ministrators, nor any of them will revoke, or make void, this Let­ter of Attorney, nor any Authority hereby given to the said A. D. his Executors or Administrators, nor shall hereafter sue for, or med­dle with the said Debt or Judgment, farther or otherwise then as the said A. D. his Executors or Administrators shall direct or advise.

And the said A. D. for himself, his Executors and Administrators, and every of them, doth Covenant, promise, and grant, to and with the said F. L. his Executors and Administrators, by these Presents, That he the said A. D. his Executors and Administrators, shall and will, from time to time and at all times hereafter save and keep harm­less and indemnified the said F. L. his Executors and Administrators, of, for, from, and concerning all Costs and Charges whatsoever, which shall or may any way become payable by, or be recovered against the said F. L. his Executors or Administrators, by means or [Page 375] occasion of any Action or Actions, Suit or Suits, to be brought, or prosecuted in the Name of the said F. L. his Executors or Administra­tors, by virtue of any Power or Authority hereby given unto the said A. D. his Executors or Administrators. In witness, &c.

A Lease in trust for several Ʋses, with a special Covenant and Provision that the Lessor may Renew his Estate, and then grant a new Lease for the Remainder of the Term.

THis Indenture made &c. Between R. S. of &c. of the one part, And Sir E. S of &c. Sir E. S. of &c. and A. S. of the other part, Witnesseth, That for the securing of the payment of Two hundred and fifty pounds per Annum, of lawfull Money of England, for the Term of Fifteen years herein after mentioned to P. S. in satisfaction of a Debt of Two thousand and Two hundred pounds, of lawfull Money of England, to her due and owing, by the said R. S. and for the better Provision and Maintenance of and for M. now the Wife of the said R. S. and of all the Children of the said RS. and M. And for other good Causes and Considerations him the said R. S. thereunto moving, He the said R. S. hath demised and granted, and by these Presents, doth demise and grant unto the said Sir E. S. Sir B. S. and A. S. All that the Rectory and Parsonage of &c. And all Messuages, Houses, Edifices, Buildings, Lands, Tenements, Glebe-lands, Tythes, Pensions, Portions, Oblations, Obventions, Profits, Fruits, Emoluments, and Hereditaments whatsoever to the same belonging, or in any wise appertaining; And all those his Messuages, Lands, Tenements, and Hereditaments whatsoever, situate, lying, and being &c. or known by the Name or names of &c. And all that the Site of the House or late Priory of &c. And all [...]e Lands, Tenements, and Hereditaments, whatsoever in M. aforesaid, to the said House, or late Priory, belonging or appertaining, or accepted, reputed, esteemed, or taken to belong thereunto, or therewithal usually occu­pied, letten, or enjoyed; And one Water Corn-Mill in M. aforesaid with the Appurtenances, And all that Tenement or Farm-hold in M. aforesaid, commonly called or known by the Name of D. Farm, with all the Lands, Tenements, and Hereditaments to the same Te­nement or Farm-hold belonging, or therewithal usually letten, demised, occupyed, or enjoyed, And all other the Lands, Tenements, and Hereditaments whatsoever of the said R. S. situate, lying, and being in M. aforesaid; And Also all and singular other the Houses, Edifices, Buildings, Barns, Stables, Curtilages, Yards, Gardens, Orchards, Backsides, Lands, Tenements, Meadows, Leasows, Pastures, Feedings, Closes, Enclosures, Ways, Easments, Waters, Water-courses, Commons, Common of Pasture, Royalties, Franchises, [Page 376] Liberties, Priviledges, Immunities, Profits, Commodities, Ad­vantages, Emoluments, Hereditaments, and Appurtenances what­soever, to the said Rectory or Parsonage, late Priory, Messuages Lands, Tenements, and Premisses, or any of them belonging, or in any wise appertaining, or to or with the same, or any of them usu­ally letten, occupied, or enjoyed, or accompted, esteemed, reputed, or taken, as part, parcel, or member of them, or any of them, or to belong,Habend. or appertain thereunto, or to any of them; To have and to hold the said Rectory or Parsonage, late Priory, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premis­ses, with their and every of their Appurtenances, from the Feast of St. Michael the Archangel last past, before the date of this Present In­denture, for and during the full end and Term of Fifteen years, from thenceforth next, and immediately ensuing and fully to be compleat and ended;Reddendum. Yielding and paying therefore yearly, during the said Term unto the said R. S. his Heirs and Assigns, at the Feast of St. Michael the Archangel, one Pepper-corn, if it shall be lawfully deman­ded.

The trust Vpon special Trust and Confidence nevertheless in them the said Sir E. S. Sir B. S. and A. S. by the said R. S. reposed, And to the intent and purpose, That they the said Sir E. S. Sir B. S. and A. S. and the Survivors and Survivor of them, And the Executors and Admi­ministrators of the Survivor of them, shall employ the Rents, Issues, and Profits of the Premisses, and every part thereof, to and for the Uses, Intents, and Purposes, and in such sort, manner, and form as is herein after mentioned and appointed and no otherwise, That is to say, That the said Sir E. S. Sir B. S. and A. S. and the Survivors and Survivor of them, and the Executors and Administrators of the Survivor of them, shall yearly, during the said Term, out of the same Rents, Issues, and Profits of the Premisses, well and truly pay, or cause to be paid, unto the said P. S. the Sum of Two hundred and fifty pounds of lawfull Money of England, at two usual Feast or Terms in the year; That is to say, The Feast of the Annunciation of the Blessed Virgin Mary, and St. Michael the Archangel or within Twen­ty days next after either of the said Feasts, by even and equal Porti­ons, The first payment thereof to be made upon the Feast of the An­nunciation of the Ble [...]d Virgin Mary next ensuing the date of these Presents, or within Twenty days next after the same Feast.

And out of the rest and residue of the said Rents, Issues, and Pro­fits of the Premisses, shall yearly satisfie unto themselves, All such Costs, Charges, and Expences as they, or any of them, their, or any of their, Assigns or Servants, shall from time to time lay out, expend; or be put unto, in, about, for, or concerning the execu­tion and performance of the Trust hereby in them reposed touching the Premisses.

And also shall yearly, and every year, And from time to time, du­ring all the said Term, pay and deliver unto the proper hand of the said M. now the Wife of the said R. S. if she shall be living, for and towards the maintenance of her self and her Children, All the Rest and Residue of the said Rents, Issues, and Profits, of all and singu-the Premisses over and above the said yearly Sum of Two hundred pounds, and Costs, Charges and Expences as aforesaid.

And in case the said M. shall happen to dye, during the said Term of Fifteen years above mentioned, Then they the said Sir E. S. Sir B. S. and A. S. and the Survivors and Survivor of them, and the Ex­ecutors and Administrators of the Survivor of them, shall dispose of, and employ all the said rest and residue of the said Rents, Issues, and Profits, of all and singular the Premisses, over and above the said yearly Sum of Two hundred and fifty pounds, and the said Costs, Charges, and Expences before mentioned, to and for the mainte­nance and education of all the said Children of the said R. S. and M. which shall be living, from time to time, during the said Term, in and after such manner, and in such measure and proportion, as they the said Sir E. S. Sir B. S. and A. S. or the Survivors or Survivor of them, or the Executors or Administrator of the Survivor of them, in their discretion shall I think fit.

And whereas the said R. S. hath only a particular Estate for Term of Life, Lives, or years, of and in most of the Premisses hereby granted, or mentioned to be granted, the Reversion thereof belong­ing to some Ecclesiastical Person or Persons, And it may be necessary upon contract, with the respective Reversions thereof, for the re­newing and enlarging the respective Leases and Estates of the said R. S. his Executors or Assigns, in the Premisses, That this present Demise should be surrendred or granted over for the enabling the said Reversions to make new Leases thereof; It is therefore Covenanted, granted, concluded, and agreed, by and between the said Parties to these Presents, And the said Sir E. S. Sir B. S. and A. S. do hereby for themselves, their Executors and Administrators Covenant and grant, to and with the said R. S, his Heirs, Executors, Administrators,Covenant that the Lessor may renew his Es­tate and make a new Lease. and Assigns, and every of them, by these Presents, That if the said R. S. his Heirs, Executors, Administrators, or Assigns respectively, who shall be estated or interessed in the Premisses, or any part there­of, at any time, during the said Term of Fifteen years above men­tioned, shall be minded to renew, alter, or change his or their Lease, Term or Estate in the Premisses, or any part or parcel thereof, And shall leave with them, the said Sir E. S. Sir B. S. and A. S. or the Survivors or Survivor of them, or the Executors or Administra­tors of the Survivor of them, or with the said P. S. her Executors or Administrators, or any of them, a good, lawful, and sufficient Bond, or Writing Obligatory, whereby the said R. S. or his Heirs, Executors, or Administrators respectively, who shall be so estated or interessed in the Premisses, or any part thereof, as aforesaid, and their respective Heirs, Executors, and Administrators, shall be bound unto the said Sir E. S. Sir B. S. and A. S. or unto the Survivors or Survivor of them, or to the Executors or Administrators of the Survivor of them their Executors and Administrators, in the Sum of 2200 l. of lawfull &c. with Condition to be void in case the said R.S. his Heirs, Executors, and Assigns so entring into Bond, shall within two Months next, after that the said Sir E. S. Sir B. S. and A.S. or the Survivors or Survivor of them, or the Executors or Administrators of the Survivor, yield up the said Premisses, or any part thereof, as afore­said, unto such person so entring into Bond, or procure a good sufficient Lease to be made thereof, to the said person so Entring Bond, for the Term of 21. years, or three Lives, or two Lives at the least, [Page 378] and hath within one Month after such new Lease or Leases made unto them, Convey and Assign over the said Premisses to the said Sir E. S. Sir B. S. and A. S. or to the Survivors or Survivor of them, or to the Executors or Administrators of the Survivor of them, for and during so long time as shall be then unexpired of the number of Fifteen years, granted or mentioned to be granted, in and by this Present Indenture, at and under the same Reservations and Covenants, and upon the same Trust and Confidence, and to the same intents and purposes as is, and are herein above mentioned, expressed, and declared, or as near to the same as by Law it may be, free and clear from all Char­ges and Incumbrances whatsoever to be had or made by such person so entring into Bond, or by the said Reversion or Reversions thereof And shall in the mean time, untill such new Lease and Assignment made as aforesaid, permit and suffer them, the said Sir E. S. Sir B. S. and A. S. and the Survivors and Survivor of them, and the Execu­tors and Administrators of the Survivor of them, quietly and peace­ably to have, receive and take the Rents, Issues and Profits of the Premisses and every part thereof, That then they, the said Sir E. S. Sir B. S. and A. S. and the Survivors and Survivor of them, and the Executors and Administrators of the Survivor of them, shall and will, within Twenty days after such Bond or Writing Obligatory to be left as aforesaid, Grant, surrender, and yield up all their Estate and Interest in the said Premisses, mentioned or contained in the Condition of such Bond, unto the said R. S. his Heirs, Executors, or Administra­tors, or Assigns so entring into Bond respectively freed and cleard, of and from all Incumbrances had or made by them, or any of them res­pectively.

Provided always, That if the said E. S. Sir B. S. and A. S. and the Survivors and Survivor of them, or the Executors or Administrators of the Survivor of them, shall not, or do not, within the said space of Twenty days after such Bond, or Writing Obligatory, left as aforesaid, grant, surrender, and yield up his or their Estate in the Pre­misses, mentioned or contained in the condition of such Bond, as is herein before Covenanted to be done, That then and from thenceforth, this present Lease, and the Demise and Grant herein contained, shall cease, determine, and become void, any thing herein contained to the contrary notwithstanding. In witness &c.

A Lease of Twenty One years to secure the pay­ment of Money upon Bond.

THis Indenture Tripartite &c. Between R. L. of the one part, O.B. of the second part, and J. B. of the third part, Whereas the said O. B. at the special instance and request, and for the proper Debt of the said R. L. is become bound, together with the said R. L. unto T. M. in Five hundred pounds of lawfull Money of England, by Obli­gation bearing even date with this present Indenture, and conditioned for payment of Two hundred and Fifty pounds upon &c. As by the said Obligation and Condition thereof may appear.

Now this Indenture witnesseth That for Counter-securing and sa­ving harmless the said O. B. his Heirs, Executors and Administrators, and his and their Lands, Tenements, Goods, and Chattels, of and from the payment of the said Two hundred and Fifty pounds, and of and from all damage and loss that shall, or may happen unto him or them, for or by reason of the not payment thereof, And for and in consideration of the Sum of Five shillings of lawfull Money of En­gland to the said R. L. in hand paid by the said J. B. at or before the sealing and delivery hereof, the Receipt whereof he doth hereby ac­knowledge, the said R. L. at the nomination of the said O. B. Hath de­mised, granted, bargained, and sold, And by these Presents doth demise, grant, bargain, and sell, unto the said J. B. his Executors, Admi­nistrators, and Assigns, All that Capitall Messuage, with the Appur­tenances, And all Out-houses, Barns, Stables, Edifices, Buildings, Courts, Curtilages, Yards, Orchards, and Gardens thereunto be­longing, Together with all the Lands Arable Meadows and Pastures commonly called &c. and being &c. with the said Premisses, or ad­joyning to the said Capital Messuage, and were therewith heretofore occupied and enjoyed, And also all that other Capital Messuage, with the Appurtenances commonly called &c. situate, lying, and being &c. and all the Lands, Tenements, and Hereditaments to the said last mentioned Capital Messuage belonging, or therewith usually oc­cupied, And the Reversion and Reversions, Remainder and Remain­ders of all and singular the Premisses, and of every part and parcel thereof, And all Rents, Services, and Profits thereunto incident and belonging, To have and to hold the said Capital Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses hereby demised, or mentioned to be demised, with their and every of their Appurtenances unto the said J. B. his Executors, Admini­strators, and Assigns, from the first day of &c. for and during the Term of One and Twenty years from thence next following, and fully to be compleat and ended, without Impeachment of or for any man­ner of Wast.

Provided always, And it is covenanted, conditioned, granted, concluded, and agreed, by and between the said Parties to these Pre­sents, That if the said R. L. his Heirs, Executors, Administrators, or Assigns, or any of them, do, and shall well and truly pay, or [Page 380] cause to be paid, unto the said T. M. his Executors, Administrators, or Assigns, or any of them, upon &c. the entire Sum of &c. of law­full &c. according to the condition of the said Obligation bearing even date within this present Indenture, and do and shall upon or before the said day of D. now next coming, deliver or cause to be delivered unto the said O. B. his Heirs or Administrators the said Obligation to be cancelled, That then this present Indenture, and all the T [...]rm and Es­tate hereby made and granted, shall cease, determine and become void to all intents and purposes, Any thing in these Presents contained to the contrary notwithstanding.

And the said R. L. for himself, his Heirs, Executors, and Admi­nistrators, and for every of them doth covenant, promise, and grant to and with the said O. B. his Executors, Administrators, and Assigns, by these Presents, That he the said R. L. his Heirs Execu­tors or Administrators shall and will well and truly pay or cause to be paid, unto the said T. M. his Executors, Administrators, or Assigns, the said Sum of &c. upon &c.

Covenant that the Lessor is lawfully sei­zed. And further, the said R. L. for himself, his Heirs, Executors, and Administrators, doth covenant, promise, and grant, to and with the said J. B. his Executors, Administrators, and Assigns, by these Presents, That he the said R. L. now at the time of the seal­ing and delivery of this present Indenture, is solely, lawfully, right­fully, and absolutely seized of, and in all and singular the Premisses whatsoever hereby demised, or mentioned to be demised, with their, and every of their Appurtenances, of a good, pure, absolute and indefezible Estate of Inheritance in Fee-simple, And hath good right, lawfull, and absolute power and authority in himself, to de­mise, grant, bargain, and sell the same Premisses, and every part and parcel thereof unto the said J. B. his Executors, Administrators, and Assigns for the said Term of One and twenty years, and in man­ner and form aforesaid; And that the same Premisses are of the year­ly value of One hundred pounds over and above all charges and repri­ses; And also that in case any default shall be made by the said R. L. his Heirs, Executors, Administrators, or Assigns, of or in payment of the said Sum of &c. in such manner and form as the same is herein be­fore covenanted to be paid, That then and from thenceforth always after, during the said Term of One and twenty years, he the said J. B. his Executors, Administrators, and Assigns, shall and may freely, quietly, and peaceably have, hold, and enjoy all and sin­gular the said Premisses hereby demised, or mentioned to be demised, And receive and take all the Rents, Issues, and Profits thereof to his and their own use, without any let, trouble, denial, hindrance, or interruption of or by the said R. L. his Heirs or Assigns, and without the lawfull let, suit, trouble, interruption, eviction, or ejection of, or by any person or persons whatsoever, And free and cleer and freely,Free from In­cumbrances. cleerly, and absolutely acquitted, freed and discharged, of and from all, and all manner of former and other Bargains, Sales, Gifts, Grants, Jointures, Dowers, Entails, Estates, Leases, Rights, Titles, Rents, Arrerages of Rents, Issues, Fines, Post-fines, Amer­ciaments, Judgments, Recognizances, Statutes Merchant and of the Staple, Decrees, Extents, Sequestrations, Seizures, Executions, Charges, Troubles, and Incumbrances whatsoever.

And the said R. L. for himself, his Heirs, Executors, Admini­strators, and Assigns, and for every of them, doth further covenant, promise and grant, to and with the said J. B. his Executors, Admini­strators, and Assigns, by these Presents, That in case any default shall happen to be made by the said R. L. his Heirs, Executors, Admi­nistrators, or Assigns, of or in payment of the said Sum of &c. in such manner and form as the same is herein before covenanted to be paid, That then at any time after such default made, he the said R. L. his Heirs and Assigns, and all and every other person and persons, any Estate having, or lawfully claiming, of, in, to, or out of the said Premisses hereby demised or mentioned to be demised, or any part thereof, shall and will, at the reasonable request and proper Costs and Charges in the Law of the said J. B. his Executors, Administrators,Covenant to make further Assurances. or Assigns, or any of them, make and do all and every such farther and other Act and Acts, for the further, better, and more perfect as­suring and conveying of all and singular the said Premisses, with their and every of their Appurtenances, unto the said J. B. his Ex­ecutors, Administrators, or Assigns, for and during the Term here­by granted or mentioned to be granted, As by the said J. B. his Ex­ecutors, Administrators, or Assigns, or by his or their Counsell Learned in the Law, shall be reasonably devised, advised, or requi­red. In witness, &c.

Sir Jeffrey Palmer's Resolution concerning the Words [Give and Grant,] in a Conveyance.

SIR,

I Conceive that care ought to be taken in a Conveyance, of what Na­ture soever it be, that there be not therein [Give and Grant,] for they Imply a General Warranty, and shall not be qualified by the Spe­cial Warranty following; as hath of late been thrice adjudged.

H. T.

Sir Jeffrey Palmer's Answer.

GIve implies a Personal Warranty; and so is not always used. The word Grant in a Lease for Years is a Covenant in Law, or (as you may call it) a General Warranty; if it be not qualified by a Covenant or Warranty in fait. But if there be a Covenant or Warranty in fait, Then it is Restrained to the Words of the Covenant subsequent.

But in an Estate of Inheritance, where the Fee passeth, There the word Grant is neither a Covenant in Law, nor Warranty. For if it should be a Covenant in Law, or Warranty in it self, it would be there Restrained and Qualified by the Warranty and Covenants in fait.

And a Deed to pass an Inheritance where Common is, cannot be with­out it; for if it be Common in gross, it cannot pass by the Livery, but must pass by the word Grant: And I never yet saw a Feoffment with­out it.

Jeffrey Palmer.

THE TABLE. Note, The General Titles of the Precedents con­tained in this Book are here, for Distinction sake, Printed in the Roman Letter.

  • Act of Parliament.
    • AN Act of Parliament for the sale of Lands to pay Debts, 273
  • Annuity, See Rent-charge.
    • Annuity, not to be aliened or assigned, 259, 260
    • Power to grant Annuities, 268, 271
    • An Annuity, 372
  • Arbitrator.
    • An Arbitrator agreed on in case any Differences should arise, 14
  • Articles.
    • Articles of Agreement before Marriage to convey, the third part of the Personal Estate, and Lands to the Wife, 123
    • Articles of Agreement before Marriage, 233
    • Articles of Agreement to settle two Houses in London to several Uses, if they be recovered at Law, and pay Charges, 305
    • Articles of Agreement upon Marriage to convey Lands, and leave the third part of the Personal Estate to the Wife, 326
  • Assignments.
    • Assignment of a Lease for Security of Money, 8
    • Assignment of the Mannor of Little M. from S. E. to W. A. 55
    • Assignment of a Mortgage, 60
    • Assignment of Lands for securing a Jointure to be made within three years, 80
    • [Page]Assignment of a Statute, 90, 311
    • Assignment of a Mortgage-Lease to the Mortgagor, 93
    • Assignment of Leases, 112, 188. See Mortgage.
    • Assignment of two Mannors, for payment of a Debt by Trustees, 114
    • An Assignment of three Bonds, 120
    • An Assignment of one Bond by an Executrix or Administratrix, 122
    • Assignment of a Lease by the Husband, in trust for his Wife, 181
    • Assignment of an Ann [...]ity, 246
    • Assignment of a Lease upon Trust, 251
    • An Assignment of a L [...]se, 284
    • Assignment of a Trust, 308
    • Proviso, That the Lessee shall not assign without License, 315
    • An Indenture of Assigment of a Lease for Five hundred years, and a Deed Poll of Release, 342
    • Assignment of Bonds and Letter of Attorney, 367
    • An Assignment of a Bond and Judgment, with a Letter of Attorney, 373
  • Assurance.
    • Covenant by the Feoffor, Bargainor, and Releasor for further Assu­rance, 21, 22, 27, 28, 76, 77, 87, 103, 210, 212, 223, 224, 228, 271, 272, 289, 290, 292, 323, 324, 341, 348, 349, 361
    • By the Lessor, 45, 119, 127, 353
    • By the Assignor of a Lease, 286
    • By him who Surrenders, 278
    • By a Mortgagor in Fee, 43
    • By a Mortgagor for years, 10, 38, 63, 66, 70, 98, 108, 218, 250, 283, 313, 330, 345, 381.
    • By a Copyholder 32, 117, 184
    • By the Conusee of a Statute upon Assignment, 90
    • By an Obligee upon Assignment of the Bond, 121, 122, 369
  • Atturnment.
    • Covenant for Atturnment, 63
  • Authority.
    • Covenant, That the Assignor hath good Authority to assign the Lease, 10, 287, 344
    • That the Bargainor hath good Authority to Bargain and Sell, 75, 289
    • That the Feoffor hath Good Authority to Enfeoff and Convey, 20, 25, 321, 347
    • That the Grantor of a Rent hath good Authority to Charge the Lands, 79, 228, 299
    • That the Lessor hath good Authority to Demise, 37, 41, 45, 65, 88, 216, 240, 282, 312, 329, 380
    • That the Releasor hath good Authority to Release and Convey, 86, 102, 113, 209, 360
    • That the Surrendror hath good Authority to Surrender, 183
  • [Page]Bargain and Sale.
    • BArgain and Sale for Six Months, to enable the Bargainor to Grant,
    • Release, and Convey Lands, 34
    • A Bargain and Sale of a Mannor, Barton and Farm, 73
    • A Bargain and Sale for a year, 83
    • A Bargain and Sale of Woods, for payment of Debts, 185
    • Bargain and Sale by Husband and Wife of the Wives Lands, she being under Age, 211
    • Bargain and Sale for Recoveries, 229
    • A Bargain and Sale for a Fine and Recovery, 253
    • A Bargain and Sale of a House, 287
    • A Bargain and Sale of the Reversion, to her that hath the Estate for Life, 291
    • A Bargain and Sale of a Messuage and Lands for One year, 334
    • A Bargain and Sale of Lands by way of Release, 336
  • Baron & Feme.
    • Proviso, That if the Wife claim Dower, the Trust declared for her shall be void, 112
    • Provision of separate Maintenance for the Wife, all her Debts, Con­tracts, &c. being to be discharged from time to time, out of it, 118, 119, 125, 126, 136, 351, 352
    • Covenant of the Husband not to intermeddle with the Portions of his Wives Daughters by a former Husband, 120, 127, 253
    • For the Wife to enjoy all Advantages, &c. after her Husbands death, according to the Custom of London, 124, 326
    • Provision of Money to be raised for the Wife, 186, 187
    • Proviso, That the Wife shall have Liberty to Demise, &c. and dispose by her Will, notwithstanding Coverture, 195
    • Deed, that the Wife shall Convey at the Age of One and twenty, 230
    • The Rents and Profits to be paid to the Wife, and not to the Husband, 260
    • Agreement that the Wife shall have the third part of the Lands and Goods after the Husbands Decease, 326
    • That the Rents, Issues, and Profits shall be for the maintenance of the Wife and her Children, 376, 377
  • Chancery.
    • BILL on the behalf of M. A. to discover Incumbrances upon a De­mise, and Re-demise, 54
    • Bill to discover Incumbrances upon a Conveyance and Reconveyance, 58
  • Conveyance.
    • A Deed of Conveyance of an House, &c. 287
  • [Page]Copyholds.
    • Covenant to Surrender Copyhold Lands, 30, 31, 117
    • Covenant to Surrender Copyholds, 117
    • A Covenant (in Nature of a Mortgage) upon a Surrender of Copyhold Land to pay Money at a certain time, 183
  • Covenants.
    • Covenant, That the Covenants on the Lessees part have been hitherto performed, 10
    • Covenants by a Vendor, who had formerly Mortgaged the Premisses, 11
    • Covenants several, and not joint, 26, 29, 113, 116, 192, 347, 348
    • Covenant to pay Quit-rents, 30
    • Covenantor bound in a Penalty for performance of Covenants, 121, 123
    • Covenant to settle Lands of such a Value, 227, 233, 237
    • A Declaration of a Discharge of several Covenants made in a Convey­ance, 301
    • Agreement not to take advantage of Covenants, ibid.
    • Covenant to defray all Charges of Suit, 307
  • Deeds, See Writings.
  • Defeasance.
    • DEfeasance of a Statute Staple, 52
    • Defeasance of a Statute Merchant to perform Covenants in Inden­tures contained, 53
    • A Defeasance of a Recognizance, 371
  • Demise, See Lease.
  • Distress.
    • Clauses of Distress, 78, 135, 200, 259, 270, 299, 338, 372
    • Covenant, That the Land shall be liable to Distress, 79, 300
  • Enjoyment, See Mortgage.
    • COvenants for quiet Enjoyment by the Feoffee, Bargainee, and Re­lessee, 20, 25, 75, 113, 289, 292, 321, 340, 347
    • By the Lessee, 45, 48, 51, 109, 119, 126, 213, 239, 296, 317, 352, 366
    • By Cestuy que Ʋse, 87
    • By the Mortgagee, 10, 37, 42, 62, 63, 65, 69, 72, 98, 102, 184, 217, 249, 282, 313, 329, 344, 380
    • If the Purchasor do not quietly enjoy, yet he is not to sue the Vendor, 29
  • [Page]Entry.
    • Clauses of Re-entry for Non-payment of Rent, 47, 50, 296, 315, 363
    • Clause of Re-entry, if the Lessee assign without licence, 315
  • Exception.
    • Exception of part of the Premisses, 15, 24 [...], 285, 315
    • Exception of Incumbrances, 21, 26, 37, 66, 70, 87, 94, 105, 135, 209, 212 286, 322, 330, 348, 361
  • Feoffments.
    • FEoffment of a Messuage and certain Lands, part whereof are Copy­hold, 17
    • Feoffment of a Mannor, Advowson of a Rectory, Capital House, Par­sonage Impropriate, &c. 22
    • Feoffment of Freehold Lands, and to surrender Copyhold, 31
    • A Deed of Feoffment with several Covenants, and a Le [...]ter of Attor­ney to deliver Possession, 319
    • A Deed of Feoffment, with a Letter of Attorney to deliver Livery and Seisin, 346
  • Fines.
    • Covenant to levy a Fine, and to what uses, 26, 28, 29, 33, 42, 43, 67, 68, 69, 88, 91, 92, 100, 128, 129, 133, 134, 135, 211, 212, 247, 248, 254, 255 270, 292, 322, 324, 331, 332, 350
    • A Security or Deed to Levy a Fine, 67
    • Declaration of the Ʋses of a Fine already levied, 75, 77
    • Deed to lead the Use of a Fine, sur Concessit, 88
    • Covenant to levy a Fine at the Grand Sessions in Wales, ibid.
    • A Deed to lead the Use of a Fine, 350
  • Grants.
    • A Grant of Houshold-stuff, &c. 182
    • A Grant and Surrender of a Lease of Ninety nine years, 370
  • Guardian, See Letter of Attorney.
  • Husband, See Baron & Feme.
  • [Page]Incumbrances, See Exception.
    • COvenant that the Land is Free from all Incumbrances, 10, 37, 42, 45, 63, 66, 69, 72, 75, 87, 89, 98, 103, 217, 250, 282, 289, 313 321, 329, 330, 345, 361, 380
    • Copyhold Lands free from all Surrenders and Incumbrances, 32, 117, 183
    • That the Land is free from Incumbrances made by the Feoffor, Bar­gainor, Lessor, &c. 20, 48, 62, 109, 113, 126, 213, 228, 292, 348, 352
    • That the Land is freed from any Incumbrances made by him or his Ancestors, 26, 209, 212, 220, 340
    • That he hath not done any Act to incumber the Land, 22, 56, 83, 93, 95 98, 116, 135, 245, 278, 286, 309, 314, 343, 371
    • To free the Land from all Incumbrances by a prefixed time, 11
  • Indempnification.
    • Covenant to save harmless from Securities given by the Covenantee, 193
    • To save harmless from all Actions, &c. 369, 374
  • Indorsment. 194
  • Iointure. Sparsim per Totum.
    • Power to make a Jointure, 131, 206, 267, 268, 271
    • For the making of a new Jointure for the Wife who hath joyned in a Fine, and passed away her former Jointure, 219
    • A Jointure to be sealed before Marriage, and another after Marriage, 241
  • Leases; See Bargain and Sale, Mortgage, and Repairs.
    • COvenant to make good certain Contracts for Leases, and for quiet Enjoyment, 7, 8
    • That the Lease is good and valid in Law, 10, 72, 344
    • That the Assignor hath a good Estate in the Lands leased, 10
    • Lease of a Tenement for three Lives, 15
    • Licence to the Lessee to dig Marl, Earth, or Clay, &c. 16, 364
    • To rid up by the Roots Bushes and Ʋnder-woods, 16
    • Covenant for the Lessee to grind at the Lessor's Mill, ibid.
    • Covenant, That the Lessor may enter into the Lands, to digg Mines of Coal, &c. and may lay it upon the Land, 16, 17
    • Lease, whereon to ground a Release, 34, 83, 109
    • Lease of a Mannor for Ninety nine years, 44
    • A Redemise of the same Mannor for 98 years, if the Lessee live so long, 46
    • Agreement, That upon the Death of the Lessee, the Lease shall be void, and the former Lease from the Lessee to the Lessor of the same Man­nor, &c. shall be surrendred by the Executors of the Lessor, 47, 48
    • [Page]Another Redemise, 48
    • Power to let Leases, 68, 69, 132, 133, 188, 206, 207, 227, 266, 267, 271, 334
    • Demise of a Mannor for One thousand years, 104
    • A Redemise of the said Mannor for Nine hundred ninety nine years, 106
    • A Lease for Six Months to enable the Lessors to grant Release, and Convey upon a Marriage 109
    • A Demise in Trust for the Wife, upon a Promise of the Husband be­fore Marriage, the Husband not to meddle therewith, 118
    • A Demise to Trustees for years, for consideration and in performance of a Promise and Agreement before Marriage, on the behalf and for the Maintenance of the Wife, 125
    • Demise made for Security against Recognizances, &c. 191
    • A Lease by Husband and Wife for Sixty years, if one so long lives, 213
    • A Demise for a Thousand years, for Collateral Security, that the Wife, when of full Age, shall levy a Fine, 214
    • Covenants to make Leases, 234, 235, 239
    • Lease for Eight years, 240
    • A Lease, 247
    • A Lease of a Prebend and Tythes, 294
    • A Lease of Lands for One thousand years upon payment of Three thousand pounds, and an Assignment of a Statute, and Letter of Attorney, 309
    • A Lease of a House and Lands in the Country for Sixty years, if the Lessor shall so long live, and several Covenants, 315
    • A Lease for Fourscore years, if T. R. live so long in trust for a man's self, 325
    • A Lease for a Year, 335
    • A Lease of a Mannor for sixty years in trust for the Wife, 351
    • A Lease of Fourscore years, with special Covenants to pay all Rents, and dig up ground to make Bricks, &c. 362
    • Licence for the Lessee to plant Orchards with Fruit-trees, 364, 365
    • Lessee to set up Land-marks, &c. 366
    • A Lease in Trust for several Uses, with a special Covenant and Provi­sion, that the Lessor may renew his Estate, and then grant a new Lease for the Remainder of the Term, 375
    • A Lease of One and Twenty years to secure the payment of Money upon Bond, 379
  • Letters of Attorney.
    • Letters of Attorney to make Livery, 17, 29
    • A General Letter of Attorney, 51
    • Letters of Attorney to extend upon a Statute, 90, 311
    • Letters of Attorney to sue for, and receive Money due upon Bonds, 121, 122, 368
    • A Letter of Attorney to constitute a Guardian, 302
    • A Letter of Attorney to sue Sir J. L. Marshal of the King's Bench up­on an Escape, 304
    • [Page]Letter of Attorney to receive and take possession of Lands, 318
    • Letter of Attorney to deliver possession of Lands, 318
    • Letter of Attorney to give Livery of Seizin, 324, 349
    • A Letter of Attorney to take an Assignment, 327
    • A Letter of Attorney to deliver an Assignment, 373
    • A Letter of Attorney to sue for, and receive Money upon a Judgment 374
  • Livery of Seizin, See Letter of Attorney.
  • Marriage.
    • COvenant that a Marriage shall be had, 233
    • That a Marriage Portion shall be paid, ibid.
  • Mortgage, See Survivor and Wast.
    • Mortgages by way of Assignment of Leases, 8, 81, 82, 114, 115, 310 342,
    • Covenants to pay the Mortgage Money, 9, 35, 41, 49, 62, 65, 68, 71, 97, 101, 106, 183, 243, 248, 280, 311, 328, 344
    • For the Mortgagee to Re-convey to the Mortgagor upon payment, 9, 57, 62, 354
    • For quiet Enjoyment by the Mortgagor until Forfeiture, 9, 36, 41, 63, 65, 72, 83, 99, 101, 184, 192, 218, 249, 281, 314, 329, 344, 355
    • To Discharge the Lands of a Former Mortgage, 11
    • For the Mortgagor to rebuild in case of Fire, 13
    • That the Mortgagor shall satisfie a former Judgment, or the Mortgagee may satisfie the same, and defaulk it out of the Money which is to be paid to the Mortgagor, 13
    • Mortgage or Demise for Five hundred years, 34
    • Agreement, that the Mortgage Money shall be paid upon notice given on either side, or in default of notice, on a day certain, 35, 36, 49, 50, 280, 281, 312
    • That the Mortgagor shall pay all Taxes, &c. till the Entry of the Mortgagee, 36, 102
    • A Mortgage of a Mannor, Park, Advowson, Site and Deme [...]nes of the Mannor 39
    • A Lease of a Mannor for Ninety nine years, for Security of Money, 44
    • An Indenture of Mortgage, with Liberty to Redeem, 56
    • Declarations and Agreements to bar the Mortgagor from all Equity of Redemption, 57, 58
    • Mortgage of Houses, 64
    • Mortgage of a Lease for years, 70
    • Mortgage of a Lease, for securing a Jointure, 81, 82
    • Demise or Mortgage for Five hundred years, but to be void upon re­payment of the Money, 96
    • Mortgage in Fee of a Moiety and Parts, &c. discended to the Wife, 99
    • [Page]Mortgage of a Mannor for Nine hundred ninety nine years, 106
    • Agreement, that upon payment of the Mortgage Money, a former Lease of the same Lands from the Mortgagee to the Mortgagor, shall be void, and the several parts indented of the said Lease, and of this Mortgage, shall me mutually delivered up to be can­celled; 107
    • That if the Mortgagee Enter for Non-payment, he shall ratifie all Leases for Lives or Years, made by the Mortgagor after the Date of the Mortgage, 107, 108
    • That the Mortgagee upon Forfeiture, may sell the Land to pay himself his Debt and Interest, 115
    • That the mean Profits to be received before the Day of Payment, shall be to pay the Interest, and if not sufficient, then the rest to be paid when the Principal is due, 116
    • A Mortgage for saving harmless from Recognizances, Bonds, &c. 191
    • A Mortgage with a Release of an Annuity, 242
    • A Mortgage of an Annuity, and an Assignment of other Lands, 245
    • A Mortgage for Two thousand years, with divers Conditions of Re­demption, 279
    • A Mortgage of Lands for years, and an Assignment of a Statute, and Letter of Attorney, for further Security, 309
    • A Mortgage for Five hundred years, with several Covenants, 327
    • Covenant by the Mortgagee to Convey after Forfeiture, 354
    • Proviso, That in default of payment, the Mortgagor shall yield up the possession to the Mortgagee, 355
    • That in default of the Second, payment by a new Agreement appointed to be made, the Mortgagee shall retain the first Payment in lieu of the Rents and Profits received by the Mortgagor after Forfeiture, 356
    • A Mortgage for years to counter-secure the Mortgagee from a Bond, 379
  • Nomine Poenae, See Rent.
  • Obligation, See Bond.
  • Owner.
    • COvenant, That he is lawful Owner, 19, 20, 25, 37, 41, 44, 75, 84, 98, 102, 208, 282, 288, 312, 321
  • [Page]Partition.
    • A Settlement by Partition, by Daughters, and their Husbands, 1
    • Agreement to make Partition, and the manner of it, 2, 3, 4, 5, 6
    • Rents to be paid to each other yearly, to make the Partition the more equal 6, 7
  • Penalty, See Covenants.
  • Portions.
    • Raising Portions for Children, 186, 187, 189, 190, 203, 204, 205, 226, 227, 235, 236, 237, 264, 265, 266, 268, 269, 333, 359, 360
  • Possession.
    • Covenant, That the Assignor is lawfully possessed of the Land assigned, 287
  • Proviso, See Mortgage.
  • Recital.
    • REcital of a Covenant to levy a Fine, 1, 256
    • Of Leases, 8, 55, 56, 70, 80, 84, 93, 94, 114, 181, 188, 196, 197, 214 251, 277, 284, 297, 310, 342, 357, 370
    • Of Mortgages, 14, 183, 277, 308, 367
    • Of an Assignment of a Mortgage, 14, 367
    • Of Trusts, 80, 110
    • Of Bargains and Sales, 89, 110, 214, 221, 256, 297, 310
    • Of a Recognizance in the nature of a Statute Staple 90, 191, 310
    • Of Bonds, 120, 122, 191, 236, 267, 373, 379
    • Of a Surrender of Copyhold Land. 183
    • Of a Covenant to suffer a Common Recovery, 222
    • Of an Assignment of Bonds, 236
    • Of a Power to make Jointures and Leases, 238
    • Of Grants of Real Charges, 242, 246
    • Of Letters Patents for the Erection of a Parish Church and School, 294
    • Of a Decree by Commissioners for Charitable Ʋses, 295
    • Of several Covenants, 301
    • Of a last Will, 305
    • Of the Release of a Condition or Proviso, 342
    • Of a Recognizance, 371
    • Of an Assignment of a Lease, 373
    • Of a Judgment, ibid.
  • [Page]Recognizance.
    • A Recognizance to be vacated upon performance of certain Conditi­ons, 356
  • Recovery.
    • Covenant to suffer a Common Recovery, and to what Uses, 27, 28, 76 77, 92, 224, 225, 254, 255, 322, 324
    • Covenant to suffer a Common Recovery at the Great Sessions, 323
  • Release, See Bargain and Sale.
    • A Settlement or Release upon Marriage, 84
    • Release of a Trust, 89
    • Covenant that a Statute is not released, 91
    • A Release and Settlement upon a Marriage, 110
    • Covenant that the Obligee hath not, nor will not Release, &c. a Bond, 121, 123, 368
    • Lease and Release by the Husband for a Provision for his Wife, and Por­tions for Children, 185
    • A Settlement upon a Marriage by Lease and Release, 176
    • A Release of an Annuity, 244
    • A Release of several Mannors and Lands for ever, 293
    • Covenant not to Release an Escape, 304
    • A Release of a Rent to Ʋses, 331, 332
    • A Release of Lands, 357
  • Rent, See Annuity, and Distress.
    • Covenant, That all Arrears of Rent are paid, 10
    • Reservations of Rent, 16, 358
    • Covenant for payment of the Rent reserved, 47, 49, 316, 340, 364
    • Covenant for payment of the Rent reserved by the Head-Landlord, 72 339
    • A Rent-charge, 77
    • Nomine Poenae's for Rent, 78, 79, 199, 298, 299
    • Covenant for payment of a Rent-charge, 79, 300
    • Power to grant Rent-charges, 134
    • A Grant of a Rent-charge, or an Annuity out of several Lands, 297
    • Covenant for Retaining the Rent reserved, if a Fee-farm Rent be not paid, 339
  • Reparations.
    • Covenant for the Lessee to maintain, uphold, and repair, 16, 316, 355, 356
    • The Lessor may enter, and view the Reparations, 316, 365
    • The Lessee to have rough Timber for Repairs, 317
    • The Lessee shall imploy all Trees cut down, and Earth &c. digged up for Brick or Tyles, for repairing the Premisses, 365
  • [Page]Revocation.
    • Covenant not to Revoke a Letter of Attorney, 121, 122, 304, 374
    • Powers of Revocation, 133, 134, 190, 191, 253, 361, 362
    • A Revocation according to a Power, 193
    • Revocation of the Husband with the consent of the Wife, according to a Power, 194
    • Testimonial of the Wives consent, 195
    • Another Revocation according to a Power, ibid.
  • Seisin, Seized.
    • COvenant, That the Vendor is seized of other Lands, to such a va­lue, and will so continue, until he enters into a Recognizance for performance of Covenants, 12
    • Covenant that the Grantor or Mortgagor is lawfully seized, 20, 25, 37, 41, 44, 75, 84, 98, 102, 208, 216, 228, 282, 289, 292, 321, 347, 360, 380
    • Covenant, that he is lawfully seized of Copyhold Lands, 117
  • Settlements, See Releases.
    • A Settlement of Lands in the Name and Blood of the Grantor, or sole Proprietor, 128
    • A Settlement made before Marriage, 221
    • Settlements upon Marriage with several Covenants to several Uses, 256
    • A Deed of Settlement of an Estate for several Uses, 331
    • A Settlement of Lands upon the Wife upon Marriage, declaring several Uses, 357
  • Sollicitor.
    • A Covenant to pay Money for Solliciting, 307
  • Surrender.
    • Surrender of a Mortgaged Term, that had been before assigned, 14
    • Surrender of a Mortgage, 94
    • Covenants and Agreements to Surrender Lands, 190, 233, 234, 236, 265, 266, 378
    • Surrender of Tenants, 238
    • Surrender of a Mortgage by an Executrix 277
    • Surrender of a Lease, 370
  • Survivor.
    • Covenant to prevent Survivorship between two Mortgages, 11
  • Taxes, See Mortgages.
    • COvenants to pay and indempnifie from Taxes, &c. 79, 213, 300, 317 364, 365
    • A Covenant that the Grantee of a Rent-charge shall bear his proporti­on of all Taxes, 200
  • [Page]Trees.
    • Leave for the Lessee to lop Trees, 317
  • Trusts.
    • Trust for the payment of Debts, 12, 114, 130, 185, 258
    • Declaration of Trusts, 89, 96
    • Trust for the Husband and Wife, 112, 258, 259, 260, 376
    • For the separate Maintenance of the Wife, 125, 351
    • For the raising of Childrens Portions, 130, 203, 204, 205, 226, 235, 264 265, 266, 333, 354, 360
    • For the payment of a yearly Rent, 130, 258, 259, 376
    • For raising of Money, 131, 189, 258
    • To Convey or Surrender, 131, 206, 220, 226, 227, 236, 263, 264, 265, 266 360
    • For others to receive the Profits, 182, 189, 202, 203, 220, 235, 252, 285, 333
    • To dispose of the Rents and Profits, according to direction, 252
    • Deed of Declaration made by Trustees to prevent future Questions and Differences, 95
    • That the Trustees may deduct their Charges, 135, 136, 196, 237, 376
    • That such Trustee shall be accomptable for no more than he receives. 135
  • Tythes.
    • Covenant that the Land is free from Tythes, 211
  • Value.
    • COvenant that the Land is of such a yearly value, 33, 38, 42, 98, 228, 361, 380
  • Vses, See Fine and Recovery.
    • Deed to lead the use of a Fine, sur conusans de droit, &c. and a Recove­ry, 91
  • Warranty.
    • WArranty of Lands, 17, 19, 24, 74, 288, 320, 340, 346
  • Wast.
    • Covenant to save harmless from all Wast, except wilful Wast, 13
    • Proviso, That the Mortgagor do not commit Wast, 355
  • Wife, See Baron & Feme.
  • Will.
    • A Will shall be left in a third Persons hands, for the benefit of both Parties, 13
  • Writings.
    • Covenant, That the Mortgagee shall, on payment of the Mortgage mo­ney, re-deliver all Writings, 13, 355
    • Grant of Deeds and Writings, 18, 19, 24, 288, 320, 338, 346
    • Covenant to produce, and set forth Writings, 32, 33
    • To deliver Writings to the Purchaser, for maintenance of his Title, and for their Re-delivery, 38
    • To deliver true Copies of Writings. 320
FINIS.

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