THE CLERKS VADE MECƲM.
OR, A Choice COLLECTION of Modern PRESIDENTS, According to The best FORMS extant, and such as have not formerly been Printed.
Containing all sorts of Bargains and Sales, Leases, Mortgages, Grants, Covenants, Surrenders, &c.
Usefull for all persons that have relation to the Practick part of the Common Law, or desire to be exquisitely qualified therein.
Faithfully perused by T.P. Barrister of that honorable Profession.
LONDON, Printed by T.M. for W. LEE, D. PAKEMAN and G. BEDELL, and are to be sold at their Shops in Fleetstreet. 1655.
The PREFACE to the Reader.
ACcording to the ancient manner, upon this, and the like occasion formerly accustomed, It is conceived a word or two in this place will not be judged unseasonable; This solid and elaborate Peece hath for divers yeares past remained in the private Study of a learned Gentleman, and by him (although not without some importunity) Civily [Page] communicated to some intire friends, who have imbosomed the same with as great obligation of gratitude, as with singular approbation of Judgment: and therefore having already received an accurate Examen of so many profound professors of the Common Law, It is Presumed a modest and brief Appology will best suite with the gravity and merit of a Tract upon this subject; which for variety, rarity, substance and conciseness, I doubt not, will be found justly equal to any Book of Presidents, formerly commended from the Presse to Publick View. Thus much by way of Introduction, is conceived to be expedient in a candid manner, to satisfie the Courteous Reader, of the occasion of imparting this work to the general benefit [Page] of all such as desire to be furnished with this excellent Enchyridion, or Vade Mecum; which although it be small in price, yet in the use of it will be found in value great: It may perchance have been a lender to others in this kind, but I believe it never was a borrower of any, It being a faire, polished, and intire body of it self, framed by several sages of the Law, of great Integrity, and Experience; And therefore it is heartily wished it may live in the favourable accceptance of the Judicious, unto whom properly it doth present it self, and Craveth in their mature judgment a gentle accesse and benigne Censure.
ERRATA.
Pag. 190 and 191. Titles read A Bargain and sale made upon condition to Feoffees in trust. p. 248 and 249 Hustings. p. 414. for An Indenture to lead the use of a Fine. read A Bargain and sale of a M [...]ng [...] for 561 [...]. 596. p. 635 for A grant of an Advow [...]on, [...]. An Indenture Tripartite of settlement by Fine and Recovery. p. 636 lin. 28 r. alias. p. 637 lin. 9. r. Wards.
Articles of Agreement for a Carpenter.
FIrst the said A. B. doth covenant, promise and grant for himselfe, his Executors and Administrators, by these presents, to and with the said C. D. his Executors, Administrators and Assigns, and every of them, in manner and forme following: that is to say, That he the said A B his Executors or Assignes, at his, or their own proper costs and charges, shall and will before the Feast of &c. next coming after the date hereof, pull and take down so much of the now dwelling house of the said C D in F L, as is agreed between them to bee pulled and taken down; and as containeth in length 31. foot, and in breadth 14 foot, be it more or less: And in the same place where that part or parcel of the same Tenement so to be pulled down, as aforesaid [Page 2] now standeth, shall and will, at his or their like costs and charges, before the said Feast of, &c. next coming, erect, build and set up one good substantial and sufficient new frame of good and sufficient, and well seasoned Timber, such and of the like goodness and greatness, or better, as the now dwelling of J C in C L is builded withal. And under the same frame, at his or their like costs and charges, shall and will dig and make a convenient Cellar; and that the same Cellar shall bee walled round about with a good and sufficient wall of brick, and that the said Cellar shall contain the like length and breadth as that part of the same Tenement so to be pulled down is and doth contain; and also, that the said Cellar shall contain in depth six foot or thereabouts: And that the said new frame, so to be set up, shall contain in height above the same Cellar, three stories and a half; the first story to contain in height nine foot, the second story to contain in height seven foot and a half, and jutty over eight inches, the half story to contain in length four foot, from the upper side of the floor to the upside of the Rason: And that every of the said stories and half storie shall contain two rooms.
And further, the said A B doth covenant &c. to and with &c. in manner and forme following; that is to say, That he the said A B, his Executors or Assigns, at his or their like proper costs and charges, shall and will make, or cause to be made in the same frame four bay windows, to contain in length six foot a piece, and such and so many other lights and clear stories as shall be needful and convenient: and shall and will also set up, erect and build from the ground eight Chimneyes, well and Workman-like, with good and sufficient brick, lime and sand, neer the midst of the same frame: viz. for every roome a [Page 3] chimney, and that the same chimneyes shall bee of such breadth, as the same C D his Executors or Assignes shall think fit, and as the same roomes will well bear: And adjoyning to the same chimneyes, shall and will make and set up one pair of stairs of six foot square, to serve for every of the same stories and roomes, and also one pair of staires for the Cellar, to be set where the same C D his Executors or Assignes shall think most fit, with a convenient, good, and sufficient door of Oak boards to and for every of the same roomes. And shall also well and Workman-like board and floor every of the same roomes with good, sufficient, dry and seasonable Deal-boards. And also, That he the said A B, his Executors or Assignes, at his and their like cost and charges shall and will, well and Workman-like, in and by all things belonging to a Plaisterers work, lathe, plaister and ceil the same frame, and the roomes and chambers in the same; viz. the out sides of the walls of the same frame towards the weather, and the ceilings of every room and chamber, and the inside of the wall ceilings and other places within the stairs with lime and hair, and the inside of the walls thereof with loam and straw. And shall also lathe and tile the same frame well and Workmanlike, with good and sufficient lathes and tiles, and do, or cause to be done all and every other thing and things whatsoever, belonging to the setting up of the same frame, and other things aforesaid, and which the Carpenter, Bricklayer, and Plaisterer should or ought to do. And also, that he the same A B, his Execurors or Assignes, at his or their like costs and charges, shall and will from time to time carry away all the earth, rubbish and refuse which shall come or grow by reason of the pulling down of the same building, and making [Page 4] and setting up of the same Cellar and frame in repect of the said Carpenters, Brick-layers, and Plaisterers work, which said frame, and all other thing and things whatsoever so to be made and done as aforesaid, the said A B doth covenant &c. to make, do, and fully finish before the said Feast of S. Michael next coming; and that at the same Feast, &c. the same frame and premises shall be Tenantable. In consideration whereof the said C D doth covenant, &c. to and with &c. that he the said C D his Executors, Administrators or Assignes, shall and will well and truly pay or cause to be paid unto the said A B, his Executors, Administrators or Assignes, at or in &c. the full sum of One hundred pound, &c. in form following; viz. &c. And also, that it shall and may be lawful to and for the said A B, his Executors and Assignes, to have and take the old Timber of the same house so to be pulled down, and all the loame, brick and tyle, and other things about the same (Lead, Iron, Wainscot, and Glasse excepted) and so much of the same old timber, loarn, brick and tyle as shall be good and sufficient, and as the same C D shall like of, to use and imploy about the building and setting up of the same new frame, and the rest to take, carry away, convert, and imploy to his and their most benefit and commodity. And also, that it shall and may bee lawful to and for the said A B, his Executors, Workmen and Assignes, at his and their wills and pleasures at all time and times convenient, to have free and quiet ingresse, egresse and regresse into and from the place where the said new frame is to bee set up, by and through the same now dwelling house of the said C D untill the Feast of Saint Michael the Archangel next coming, without let or interruption of [Page 5] him the said C D. his Executors or Assignes or any of them.
In witnesse, &c.
An Award made betweene Executors.
TO all Christian people to whom this present writing quadripartite indented of Award shall come Sir W. Cordale Knight, Master of the Rolls sendeth greeting in our Lord God everlasting. This INDENTURE quadripatitie also made the second day of A. in the fifth year, &c. Between Sir W. Gerrard, &c. one of the Executors of the last Will and Testament of R. Cholmeley, &c. of the first part, Sir Tho. Offley one other of the Executors of the last Will and Testament aforesaid of the second part, Sir Tho. Leigh, &c. one other of the Executors of the said last Will and Testament of the third part, and Sir Hugh Cholmeley, &c. one other Executor of the same last Will and Testament of the said R. witnesseth, That whereas the said R. by his said Testament and last Will, bearing date, &c. amongst divers and many gifts and legacies therein limited and appointed to sundry persons therein named, as by the same it may appear, Hath given and bequeathed all the residue of all and singular his goods, chattels, leases, and other things whatsoever (his Debts, Funerals, and Legacies being paid and performed) unto the said W G, T O, T L, whom [Page 6] together with the said H C his brother, he made and ordained his said Executors of his said last Will and Testament aforesaid; and of the same he hath also made and ordained the said W C his Supervisor and overseer, as by the same his last Wil also at large it doth, and may appear.
And for the avoiding all doubts, variances, controversies, suits, and strifes that may and might ensue and grow between the foresaid parties touching the said last Will and Testament and the true execution of the same. And for and concerning the said residue, surplusage, and remain of the said Goods, Chattels and other things (after the said Debts, Funerals and Legacies discharged) every of the said parties have compromitted and faithfully promised; and further, do severally covenant and grant to and with the others by these presents to stand to, obey, abide, performe and fulfil the Award and Judgment of the said W C Knight Arbitrator between them indifferently named and chosen of and upon the premises. Whereupon the same W C taking upon him the charge and businesse of the said Award, and willing and minding, as much as in him is, the true Execution of the said Testament, and that a final peace, unity and concord shall be had and continued for ever between the same parties for and concerning the premises; Hath and doth by these presents by and with the ful assent and consent of all and every the aforesaid parties, make, publish & declare this his present Award, Arbitrament and Judgment between the same parties touching the premises, in manner & form as followeth; that is to say, First the said W C by these presents doth award, judg and determine: and every of the parties before named covenanteth and granteth severally for himself, his Heirs, Executo [...]s and Administrators, to and with the other of [Page 7] them, his and their Executors and Administrators, and every of them by these presents, in manner and forme following; that is to say, That the same Executors or any of them shall not at any time or times hereafter willingly and wittingly conceal, That any of the Executors shall not conceal any of the Testators goods from the other Executors. with-draw, or keep close, or cause to be concealed, with-drawn, or kept close from the said other Executors or any of them, or the Survivors, or the Survivor of them, any such Goods, Chattels, Leases, Debts, Credits, or other things whatsoever as hath come, or shall happen to come to his or their, or any of their hands, custody, possession or knowledge, that were, or did, or ought to appertain or belong to the said R C the Testator, or his Executors, to the intent the same, or any part thereof should not be recovered, used, ordered enjoyed or disposed by the same Executors, to their, and every of their own proper use, most benefit, commodity, and advan age by equal portions, in manner and form aforesaid.
And it is further ordered and judged by the said Sir W. C. and also fully condescended and agreed between the said parties, To execute the Testators Will and trust reposed in them. and every of them severally doth covenant and grant for him, his Heirs, Executors, and Administrators, to and with the others by these presents, that the same Executors, and every of them, shall from henceforth, both in name and deed take upon him the full and due execution of the foresaid last Will and Testament, so far as only to the duty, trust and office of Executors appertaineth, or ought to appertain.
And further, it is ordered, judged and awarded by the said Arbitrator; and also covenanted, granted, and fully agreed between the said parties, That the Executors shall bear all costs and charges of sutes in executing the Testators will equally. and the same parties and every of them do severally covenant and grant, to and with the other of them by these presents, That if at any time or times hereafter it shal be found and approved that the foresaid Testator is and ought to be charged either by Law or conscience, with any other debt or debts, sum or sums of mony or other duties or things whatsoever, then at this present is well known and doth appear unto the said executors; or if they or any of them, or the executors of the Survivor of them, shall at any time or times hereafter happen to be charged with any manner of sutes or sute, or other charge or charges whatsoever for or by reason of the said last Will and Testament, or the due execution thereof, either in Law or otherwise, That then all and every the said Executors, and the Survivor and Survivors of them, and the Executors or administrators of such of them, which then shall be dead, shall at their equal and indifferent costs, bear, support, pay and allow the same charges and every of them, any thing herein contained to the contrary in any wise notwithstanding.
Another form of an Award.
TO all Christian people, &c. I S Sergeant at Law, greeting, &c. Whereas divers variances, futes controversies, debates and demands have been heretofore had, moved, stirred, and depending between A B &c. and C D, &c. of, for, and concerning (Reciting the matter in controversie.) For the appeasing and pacifying of all which sutes, variances, controversies and demands, either of the said parties by their mutual assents and consents have submitted themselves, and stand bounden each to other by their severall obligations, bearing date, &c. in the summe of &c. the peece, with several conditions endorsed upon either of the same several obligations, to stand to, obey, observe, performe, fulfil and keep the Award, Arbitrament, Ordinance and Judgement of me the said I S Arbitrator, indifferently elected, named and chosen betweene the said parties, as well of, for and upon all and all manner of Actions, as well reals as personals, sutes, quarrels, debts, debates, trespasses and demands whatsoever, had, moved, stirred, or depending, in controversie between the said parties in any wise before the date of the said obligations. So that the same Award, Arbitrament, Ordinance, and Judgment of me the said Arbitrator of and upon the premises, were made, declared and yeilded up in writing on this side the tenth day of &c. as by the same several obligations and endorsements [Page 10] thereupon made, more at large appeareth.
Whereupon I the said I S Arbitrator aforefaid taking upon me the charge of the said award, and willing to set the said parties at a final end, peace, unity, and concord, of, for and concerning the premises: Have called both the said parties before me, and by good advice and deliberation have seen, heard, examined, and perfectly understood and perceived both their Rights, Titles, Estates, Interests, Demands, Evidences and proofs in and to the Premises; and weighing and pondering the effects and grounds of all the said matters in controversie, do now make, publish, give up and declare this my present award indented between the said parties, by and with their both mutual consents and agreements, of, for, and concerning the premises in manner and form following: that is to say, First, I the said Arbitrator do by these presents award, order, judge, and determine, and the said A B for his part doth covenant and grant for him, his Executors and Administrators, to and with the said C D his Executors and Administrators by these presents, That, &c. as in other Awards reciting the matter in variance.
Another form of an Award short.
TO all Christian people, &c. Sir Christopher Wray Lord Chief Justice of England, greeting, &c. Whereas divers sutes, variances and controversies have heretofore risen, grown, and yet be depending between A B &c. and C D &c. for and concerning &c. (expressing the matters in controversie) For the appeasing and ending whereof, and of all actions, strifes, quarrels and sutes, had, moved or depending between the said parties or any of them, any way touching or concerning the said &c. The said parties, and every of them, have compromitted and submitted themselves to stand to, observe, perform and keep the Award, Ordinance, Arbitrament, Rule and Judgement of me the said C W. So that the said Arbitrament, Order, Rule and Judgment of me the said C W were made in writing indented and ready to be delivered to the said parties before the twelfth day of D. &c. as by two several Obligations in that behalf had and made, each of them bearing date &c. more at large it doth and may appear.
Whereupon now know ye, that I the said Sir C W willing and minding to set the said parties and every of them at quietness touching and concerning the premisses, do award, order, judge and determine of, for and concerning the premisses as followeth. First, that the said A B shall &c.
A Lease of a Coal-Mine, or Coal-Pit.
THis INDENTURE made the &c. Between A B of &c. of the one party, and C D of &c. of the other party, Witnesseth, That the said A B for divers good considerations him moving, hath demised, granted, and to Farm-letten, and by these presents doth for him and his heirs, demise, grant, and to farm let unto the said C D all those his Pit and Pits, Mine and Mines of coal, as well open as not opened, set, lying, and being of, in, upon or within all those grounds or lands, called F within the Parish of L in the County of D, and free liberty in every or any of them, to digge, delve, make, sink, and ridde pit and pits, and to drive, & to make Water-gates, as wel for the waining of coals, as for the avoiding of water and stith, together with free and sufficient ground leave for the laying of all such coals as shall or may be there had or wrought; and also sufficient way-leave in and through all the grounds of F. aforesaid. So alwayes that the said C D his Executors and Assignes, do not work or draw up coals within the said demised premises, but only at one pit at one time, during the terme by these presents demised, nor work and draw up in or at any pit in any one day above twenty score Corves or scopes of coals, every corve or scope to contain eight pecks Land-measure, and [Page 13] no more. To have and to hold the said Pit and Pits, mine and mines of coal, as well opened as not opened, and all and singular other the Liberties, preheminences, Profits and Commodities before demised in manner aforesaid, with their appurtenances whatsoever, unto the said C D his Executors and Assignes from the Feast of P next ensuing the date of these presents, unto the end and term of twenty one years from thenceforth fully to be complete and ended. Yeilding and paying therefore yearly unto the said A B his heirs and Assignes Twenty six Pound of &c. at two usual Feasts, &c. by even and equal portions, &c. with a clause of reentry, as in others.
And it is covenanted, concluded and agreed by and between the said A B and C D. And the said C D. on his part doth covenant, &c. for him, his &c. to and with &c. That he the said C D his Executors, Administrators and Assignes, shall not dig, work, get or draw any coals at any more or other pit or pits then one at any one time: Yet neverthelesse it is condescended and agreed between the parties abovesaid, that if the said C D his Executors or Assignes, or any of them, do or shall at any time or times hereafter during the said term, dig, work, get or draw coals at any more or other pit or pits then one at one time, that then the same C D, his Executors, Administrators and assignes shall yeild and pay unto the said A B yearly for and during the time that he shall dig, work, get or draw coals at any more or other pits then one, for every pit at the which hee or they shall so dig, and shall or may draw, work, or get coals to the number of twenty score corves or scopes a day, as aforesaid, (every scope or corve containing eight pecks Land measure) the sum of twenty pounds yearly, at the two Feasts of &c. aforesaid; [Page 14] and with and under the like clause of re-entry for non-payment of the said rent by the said space of 23 dayes after either of the said Feasts, as aforesaid. And if it so happen that the said C D his Executors or assigns upon sinking of a new pit or pits shall win coals, and yet cannot or may not draw up the full and just sum of twenty corves or scopes of such quantity as aforesaid, that then he the said C D his executors and assignes, shall satisfie and pay unto the said A B his heirs and assigns for so many coals as he or they shall so draw up, proportionably according to the said sum and rate of twenty pound for a pit.
And the said C D doth covenant &c. to and with &c. That he the said C D his executors, administrators and assignes, For repairing. shall and wil at all times, and from time to time keep and maintain all such pit or pits, mine or mines, as he or they shall dig or cause to be digged fair and in good order; and leave, or cause to be left in the same pit or pits, mine and mines, good and sufficient pillars for the upholding and supporting of the ground or field there, according as is used and accustomed in the lawful working of such like coal mines: and also shall maintaine and keep the water-gate or gates thereof in good and sufficient manner during all the said term, and so at the expiration of the said term leave the same. And also that at the end of the said term of 21 years hereby granted by the said C D his executors and assigns, shal and will leave one pit ready sunk to the coal unwrought. And also, that the said C D shall not at any time or times hereafter bargain, sell, let, set or assigne the premisses hereby demised, or any parcel thereof, or any other pit or pits, which the said C D at any time hereafter by vertue of these presents shal dig or make, or cause to be digged or made, to any person or persons [Page 15] other then to his wife, child, children, or next of kindrend, unlesse it be by and with the special licence consent or agreement of the said A B his heirs or assigns in writing in that behalf first had and obtained.
And the said A B doth covenant, &c. That he the same C D his executors and assigns, shal and may during the said terme have such necessary and convenient way-leave and stay-leave for the carrying and laying of such coals as shall be digged, gotten drawne or wrought at or in any the pit or pits to be made, digged, drawn or wrought within the grounds or lands aforesaid, as heretofore hath been used or accustomed for carriage or laying of coals there. He the said C D his executors and assigns yeilding and paying therefore the accustomed rents due or payable for the same.
And lastly, it is granted and agreed between the said parties to these presents; and the said C D for him, his executors, administrators and assigns, doth covenant, promise, and grant to and with &c. That any person or persons nominated by the said A B his heirs or assigns, shall and may from time to time view the Coal-mines and manner of working thereof by these presents demised. And also that neither the said C D his executors or assigns, or any of them, shall grant or permit any water drift for conveying of water from any mines of coal adjoyning to be made in or through any of the mines by these presents demised, or any part thereof, without the consent of the said A B his heirs or assigns in writing first obtained.
Articles of agreement for passing a Particular, rated in Fee simple under the Great Seal, to two Patentees, and from them to the purchaser.
WHereas the said R H hath already delivered unto the said R T a Particular in parchment already rated by the Commissioners of the Manor of R with the appurtenances in the county of York, per Annum x l. to be passed from the Queens Majestie by Letters patents under the great Seal of England (amongst other things) in Fee simple, to such person or persons as patentee or patentees in trust, their heirs and assignes for ever, as the said R T shall think fit; and from the said patentee or patentees to F B of &c. his heirs and assignes for ever. And whereas for the doing and finishing thereof the said F B by the hands of the said R H hath at the ensealing and delivery of these presents, paid and delivered unto the said R T the summe of &c. in full satisfaction of and for the clear and absolute purchase of the said Manor, and of and for all charges for the same to be answered or paid in any wise, either to her Majestie or any other, for the purchase of the same Manor (other then for the enrolling of the conveyance or assurance to be made by the said patentee or patentees to the said F B his heirs and assignes; and other then for the charges of the procuring of the survey of the Woods growing upon the premisses; both which are to be done at the costs and charges [Page 17] of the said F, his heires or assignes.
In consideration whereof, the said R T doth covenant and grant for him, his executors and administrators by these presents, to and with the said R H his executors, administrators and assignes, and every of them in manner and form following: That is to say, That he the said R T, his executors and assignes shall and will at his and their own proper costs and charges, do his and their best endeavors to procure the same Manor of R with the appurtenances to be passed and granted from her Majestie, her heirs or successors (amongst other things) in Fee simple, by Letters patents under the great Seal of England, to the said patentee or patentees, their heirs and assignes for ever, before the 25 day of D next ensuing the date hereof. And the same premises so passed and granted as aforesaid, shall and will cause and procure the said patentee or patentees to convey and assure the said Manor of R with the appurtenances (by deed acknowledged to be inrolled) under the said F B, his heirs and assignes for ever, in such manner and form, and with and under such covenants and warranties as in like cases is used and accustomed. And it is fully agreed by and between the said parties, that if in case the said R T. his executors or assignes cannot before the said 25 day of D next coming, procure the said Manor with the appurtenances, to be passed and granted by Letters patents from her Majestie, as aforesaid, That then he the said R T. his executors or assigns shall and wil within ten days next after the said 25 of D. well and truly content and repay, or cause to be repayd unto the said F B. his executors or assignes the said sum of 120 l. at or in &c. The said R T. his executors or assignes then defaulking out of the said sum so to be repaid, the sum of 6 l. &c. for such charges as the said R T. his executors or assigns [Page 18] shall disburse or lay out, of, for or about the said Manor.
Articles of agreement indented, had, made, &c. between A. B. &c. of the one party, and C. D. of the other party, for filing a book in Reversion granted by her Majestie, as followeth, viZ.
WHereas it hath pleased the Queens most excellent Majestie of her gracious favour to bestow upon the said A B a lease in Reversion without fine to his own use, of so much of her Hignesse lands, tenements, &c. answerable in the Court of Exchequer, as shall amount unto the cleer yeerly value of 80. l. or thereabouts, as by a Warrant in that behalf made may appear; which said Warrant and Lease in reversion, and all the benefit that thereof shall or may arise; The said A B doth by these presents, for the consideration hereafter expressed, bargain and sell unto the said C D, his executors and assignes: and which said Lease in reversion the said C D for him, his executors and assignes doth covenant and grant by these presents to fill and supply with lands, tenements and hereditaments amounting to the value aforesaid, with as much convenient speed as he can or may. And the said A B doth by these presents for him, his executors and assigns, covenant and grant to and with the said C D, his &c. in form following; viz. That it may and shall be lawfull to and for the [Page 19] said C D, his executors and assigns, for and under the consideration hereafter mentioned, to have, take and enjoy to his and their own proper use and behoof the said Warrant and Lease in reversion, and all the benefit, profit and commodity which shall arise, come, grow or be upon the same, or for, by means or in respect thereof. And that he the said A B, his, &c. or some of them, shall and will with all convenient expedition, after that the same value is so filled up and engrossed in parchment, and ready to be signed, at his or their own costs and charges procure her Majestie to signe the same; and the same Bill so signed shall deliver or cause to be delivered unto the said C D, his executors or assigns: which said Bil so signed and delivered to the said C D as aforesaid, he the said C D, for him, his executors and administrators, doth covenant and grant at his or their own proper cost and charges, with as much convenient speed as he or they can or may, to passe from her Majestie under the Signet, privie Seal and great Seal. And further, the said A B doth by these presents covenant and promise, for him, his executors and administrators, to and with the said C D, his executors and assigns, that if the said Lease in reversion shall be granted from her Majestie in the name or names of them the said A B, E F, or any of them, or of any other person or persons by his appointment, or to or for his use; That then they the same patentee or patentees to whom the same Letters patents shall be so granted, their executors or assigns, shall and will (at the costs and charges in the Law of the said C D, his executors or assignes) within ten dayes next after the said Lease in reversion shall be passed under the great Seal of England as aforesaid) convey or cause to be conveyed the said Lease in reversion, and all and every the severall parcels of lands, tenements and hereditaments thereby demised [Page 20] and granted, and all their estate and interest in and to the same, unto the said C D, his Executors or assigns, or to such other person or persons as he the said C D, his executors or assignes shall nominate and appoint, in such sort, manner and form as in like cases is used. In consideration whereof, the said C D doth covenant, promise and grant for himself, his &c. by these presents, To and with the said A B, his &c. and every of them in manner and &c. That if the same premisses shall be passed and granted from her Majestie under the great Seal of England for the term of twenty years, that then hee the said C D, his &c. shall and will pay or cause to be paid unto the said A B, his &c. so much lawfull money of England as the premisses which shall be passed and granted from her Majestie by Letters patents as aforesaid, shall amount unto, after the rate of eleven years fine. And that if the same premisses shall be passed as aforesaid, for the term of thirty years, that then the said C D, his &c. shall pay or cause to be paid unto the said A B, his &c. so much lawfull money of England as the same premisses shall amount unto after the rate of thirteen yeers fine. And that if &c. (reciting at length every rate and fine accordingly, paying for every ten years encrease two years fine.) And that all such summ and summs of money as shall arise or be payable after the rate aforesaid, shall be paid at or in &c. The one moity thereof within ten days next after the sealing of the said Letters patents; and the other moity thereof within three months then next following.
In witnesse, &c.
Articles of agreement for passing a Lease in Reversion.
FIrst, Whereas the said E F hath already delivered unto the said C D a Particular in parchment under the hand of I H Auditor of the County of C. of a messuage or tenement called D, in the same County, parcel of the Manor of S. and parcell of the possessions of the Bishoprick of Ely, of the yearly rent of 4 l. of lawful money of England: The said C D for him, his executors and administrators doth covenant and grant to and with the said E F, his executors and assignes by these presents, That the same C D shall and will do his best endeavour, with as much convenient speed as he can or may, to procure and get the same premisses with their appurtenances to be passed and granted at the rent aforesaid (amongst other things) in reversion from her Majestie by Letters patents under the great Seal of England, for such term of years as her Highnesse shall be pleased to grant.
In consideration whereof, the said E F for him, his executors and administrators, doth covenant and grant to and with the said C D, his executors and assignes by these presents in manner and form following, viz. That if the same premisses shall be granted from her Majestie by Letters patents as aforesaid, for the term of 21 yeers in reversion, That then he the said E F, his &c. shall and will well and truly pay or cause to be paid unto the said C D, his &c. so much lawfull money of England as the premisses aforesaid shall amount unto after the rate of thirteen years fine; and if for thirty years, then after the rate of fifteen yeers fine: and if for forty years, then [Page 22] after the rate of seventeen years fine: and if for fiftie years, then &c. (as before ratable.) And that all such summ and summs of money as shall arise and grow due after the rate aforesaid, shall be paid unto the said C D, his &c. at or in &c. in manner and form following; that is to say, The one moity thereof within ten dayes after the ensealing of the Letters patents aforesaid, and the other moity thereof (together with the ordinary cost and charges for the passing of the premisses) within ten weeks then next following. Upon the payment of which first moity, the said C D doth covenant and grant for him, his executors and administrators by these presents, to and with the said E F, his executors and assignes and every of them, That the patentee or the patentees to whom the same premisses shall be so passed by Letters patents as aforesaid, shall and will (at the costs and charges in the Law of the said E F, his executors or assignes) convey and assure all and singular the same premisses above mentioned, and every parcell thereof with the appurtenances, unto the said E F, his &c. or to such other person or persons as he or they shall nominate or appoint, clearly discharged of all incombrances done by the said patentee, in such manner and form, and with and under such covenants, clauses, and agreements as in like cases is used; The said E F, his &c. then making and giving unto the said C D, his &c. such good and sufficient securitie for the payment of the other moitie of the said summ and summs of money, and costs and charges aforesaid, as the said C D, his &c. shall then like of and accept.
In witnesse, &c.
Covenants to set up a grate of Iron to be placed about a Tomb.
THis INDENTURE made &c. Witnesseth, That it is covenanted, granted, condescended and agreed between the said parties; and the said A B doth covenant &c. to and with the said C D &c. in manner and forme following; that is to say, That he the said A B his executors, administrators or assigns, at his or their owne proper costs and charges, shall and will make, set up, and fully finish, in all manner of stuff and workmanship, one grate of iron to be set and placed about the Monument or Tomb of the Right Honourable &c. deceased and intombed in the side Isle of King Henry the VII ths Chappel of Westminster, and that the same Grate shall contain in length &c. and in breadth five foot and eight inches of assize, and in height the bars shall coutain &c. of assize: and that the workmanship of the said Grate, shall be made, performed and finished in all proportions and fashon like, and according to the grate already placed in the said Isle about the Tomb of &c. differing nothing from the same, but only to lack six vanes, and a garnishing of Perculesses and Roses, which be about the same Grate. And that there shall be 34 bars in either side of the said Grate so to be made, over and besides three main pillars, and twenty bars at each end thereof, and the same bars to be of the same bigness as the said bars of the other grate. And that the said Grate shall be made and set up in the place aforesaid, [Page 24] and well, workman-like, and fully finished in all things in manner and form aforesaid, according to the plain meaning of these presents before the 14 day of &c. without fraud or covin.
In consideration whereof, the said C D hath paid, and by these presents, for himself, his executors and administrators, doth covenant and grant to pay, or cause to be paid unto the said A B, his executors, administrators or assigns, the summe of 35 l. of &c. in manner and form following, that is to say. at the ensealing hereof 15 l. of which said 15 l. &c. and on or before the said tenth day of &c. upon the finishing of the said grate, to be made and set up as aforesaid 20 l. &c. at the Tomb of the said Countesse, &c. in full payment and satisfaction of the said sum of 35 l.
In Witnesse &c.
Covenants to hew and make an Alablaster Tomb.
THis INDENTƲRE made, &c. Witnesseth, That it is covenanted, granted, promised, condescended, agreed, and fully concluded between the said parties, for the one, to and with the other of them, their heirs, executors and Administrators, and the heirs, &c. of every of them, in manner and form following; that is to say, that the said A B shall before the Feast of &c. well and truly; workman-like, and surely, to the best of his power, cunning and knowledg, in good and Artificial order, [Page 25] cunning and knowledge, hew, cut, work, carve, make up and finish, of Alablaster, Sussex Marble, Kentish stone and Touch one Tomb or Sepulcher, according to the length, breadth, and fashion of a Pattern drawn by the small foot, brought and shewn by the said A B subscribed with the hand of the said C D, and to the counterpaine of this same Indenture (remaining with the said A B.) annexed, in all points as comely and cunningly, and with as much work as the same pattern doth purport and signifie. And the same Tomb so made and finished as aforesaid, the same A B shall cause to be safely carryed and conveyed to the Church of B in the County of S. at the costs and charges of the said C D, and there before the Feast &c, set up, place, and fully finish the same.
In consideration of the doing, whereof the said C D his executors, administrators or assigns, shall well and truly content and pay, or cause to be contented or paid unto the said A B, his executors, administrators or Assignes the full summe of &c. in manner and form following, that is to say, before the ensealing hereof 20 l. whereof &c. and thereof, &c. and on the tenth day of &c. 10 l &c. at or within &c and at and upon the setting up and finishing of the said Tomb, before the said Feast &c. other 20 l. in full satisfaction and payment of the said sum of 50 l of &c. without fraud or covin.
In witnesse, &c.
A Lease of a Ferry.
THis INDENTƲRE made &c. Between, &c. Witnesseth, That the said I L for and in consideration of &c. hath demised, granted, and to Farm letten, and by these presents doth &c. unto the said I H his executors or assigns the moyty of the passage, ferry, standage and battalage of P in the county of &c. together with all easements and commodities thereunto belonging, in as large and ample manner and form as T H or his assignes hath heretofore had or enjoyed the same, or might, or ought to have had and enjoyed the same: To have and to hold the said moyty of the said passage and Ferry, and all other the premisses by these presents mentioned to be demised, and every parcel thereof with the appurtenances unto him the said I H, his executors, administrators and assigns, from the Feast of &c. unto the end and term of &c. Yeilding and paying &c. (with a clause to make the Lease void for non payment of the rent.) And the said I H doth covenant &c. that he the said I H, his executors, administrators or assigns, at his and their owne proper costs and charges, shall from time to time during the said term, maintain and keep boat or boats, and all other things meet and convenient for the moity of the aforesaid passage, and other the premisses, as hath been heretofore commonly accustomed, and thereof shall from time to time during the said term, acquit, discharge, or sufficiently save harmless the said I L, his heirs, executors, administrators and [Page 27] assignes. And that he the said I H his executors or assignes shall from time to time during the said term carry over, or cause to be carryed over the Ferry-place aforesaid, from P to F, the said I L and his wife, and their heirs, servants, children, horses and stuff, when and so often as the said I L, his wife, and their heirs, children, or any other of his family shall require to have themselves, their servants, horses or stuff to be carryed over the said Ferry from P to E aforesaid, without demanding, taking or asking any thing therefore of the said I L, his heirs, children or family.
And the said I L doth covenant &c. That he the said I L his heirs, executors, administrators or Assigns shall at all times hereafter and from time to time during the said term, Discharged of quit-rent. acquit and discharge, or sufficiently save and keep harmlesse, as well the said moyty of the said passage or ferry, and all and singular the afore letten premises, and every part thereof, as also the said I H his executors and assigns, of, for and from all and all manner of quitrents whatsoever, which in respect of the said demised premises during the said term shall grow due or payable to our said soveraign Lady, the Queens Majesty, her Heirs, Successors or Assignes, or to any other person or persons whatsoever, excepting the said yearly rent of 3 l. before by these presents reserved. And that he the said I L and his heirs, the said moyty of the said passage and ferry, and all other the afore letten premises with the appurtenanees unto the said I H his executors, administrators and assigns for the rent above rehearsed to be paid in manner and forme abovesaid, shall warrant and defend during all the said term of xxxi years.
In witness, &c.
A Deafeazance of an obligation forfeited.
THis INDENTƲRE made &c. between T I &c. of the one part, and R N &c. and Sir George Farmer &c. VVitnesseth, That whereas the said R N and G F by their obligation bearing date &c. did become bound unto the said T I in the sum of one hundred Marks &c. with condition thereupon indorsed, that if the said R N and G F or one of them, their executors, administrators or assigns, or any of them did well and truly pay or cause to be paid unto the said T I, his executors, administrators or assignes, at or in &c. the sum of xxxvi l. &c. on the 20 day of &c. next ensuing the date of the same obligation, that then &c. as by the same obligation and condition appeareth; which said sum of xxxvi l. nor any parcel thereof was paid at the day and place of payment aforesaid. By reason whereof the said recited Obligation is forfeited to the said T I. And whereas also the said R N hath (the day of the date hereof) paid unto the said T I the sum of 6 l. &c. in part of payment of the said sum of 36. l. whereupon the said T I is contented and pleased, and doth by these presents covenant, promise and grant for himself, his heirs, executors and admistrators, and every of them to and with the said R N and G F, and either of them, their, and either of their heirs, executors, administrators and assigns, and to and with every of them, that if they the said R N and G F, or either of them, or the heirs &c. of them or either of them, do well and truly content and pay, or cause to be paid unto the said T I his &c. the full sum of 20 l. &c. on the &c. [Page 29] next ensuing the date hereof, at the place of payment aforesaid, that then the said recited obligation, &c.
In witness, &c.
A Defeazance of a Statute and Obligation.
THis INDENTƲRE made &c. Witnesseth, That whereas the said A B by one Recognizance in the nature of a statute staple taken and acknowledged before &c. bearing date &c. standeth bounden unto the said C D in the sum of M l. of &c. payable, as by the same Recognizance more at large appeareth. And whereas also the said A B by his single obligation or deed obligatory, bearing date, &c. with condition thereupon indorsed, for the true payment of 500 l on the &c. at or in &c. as by the same obligation and condition appeareth. It is neverthelesse covenanted, granted, concluded, condescended and fully agreed, by and between the said parties to these presents, and the said C D doth covenant, promise, and grant for himself, his heirs &c. to and with the said A B, his heirs &c. and every of them, That if he the said A B his heirs &c. do wel and truly satisfie, content and pay, or cause to be &c. unto the said C D his executors, &c. the full sum of 500 l. of &c. on the &c. at or in &c. That then as well the said recited Recognizance of 1000 l. as also the said recited obligation of 500 l. and either of them shall be utterly void, frustrate, and of [...]one effect, or else &c.
In witness, &c.
Assignment of a Judgment upon an Attachment in the Mayors Court.
TO all Christian people, &c. A B of &c. greeting, Whereas I the said A B in the Queenes Majesties Court, commonly called the Lord Mayors Court of London, have attached in the hands of C D the summe of xx l. of &c. as mony by him due and owing unto E F Citizen &c. And furthermore, whereas I the said A B have judgment in the said Court, to recover against the said C D, the said xx l in his hands as aforesaid attached, as by the Record of the same Court being recorded in the time of S T then Lord Mayor of the City of London, more at large it doth and may appear. Now know ye, that I the said A B for divers good causes and considerations me hereunto moving, have granted, assigned and set over, and by these presents do fully, freely, and absolutely grant, assigne, and set over unto W C of &c. his executors, administrators and assigns, to the only proper use and behoof of the same W C, his executors, administrators and assignes, as well the said summe of xx l of &c. before mentioned, and the said Judgment thereupon had, as aforesaid, as also all such benefit, profit, commodity, advantage, and demand whatsoever, which I the said A B my executors, administrators or assignes may or can have or claim, of, in or to the same premises, or any part thereof, by force and vertue of the said Attachment and Judgment thereupon had, or any of them.
And I the said A B do covenant, promise and grant for my self, my heirs, executors and administrators by these presents, to and with the said W C, Not to release the same. his heirs &c. and every of them, in manner and form following; viz. That I the said A B or my assigns, have not released nor discharged, nor that I my heirs, executors, administrators or assigns, nor any of us, at any time or times hereafter, shall release, acquit or discharge the said Attachment, sum of money or judgement thereupon had or made, or benefit, profit or commodity thereupon had or obtained, or any Sute thereupon commenced or to be commenced, except it be by and with the special assent, consent and agreement of the said W C, his executors, administrators or assigns, in writing first had and obtained in that behalf, under his or their hands and seals.
And that I the said A B my &c. shall at all times hereafter, do such further reasonable acts and things, for the granting, Further assurance. assigning and assuring of the premises, as by the said W C his executors or assigns at their proper costs and charges shall be advised or required; and that all summes of money which shall be obtained by reason of the premises, shall be to the only proper use and behoof of the said W C his executors and assigns.
And for the more sure performance of the Covenants, grants, articl [...] and agreements before herein mentioned, A Bond to perform the Covenants. I the said A B do surely bind my self, my heirs, &c. by these presents unto the said W C in the sum of c. l. of &c. to be paid to the said W C. his executors, administrators and assigns.
In witnesse &c.
An Assignment of a Statute, with a Letter of Atturney.
TO all Christian people, &c. H B of &c. greeting, Whereas R I of &c. by his Recognizance in the nature of a Statute Staple bearing date the &c. taken and acknowledged before &c. is and standeth bounden unto me the said H B in the sum of 200 l of &c. with a certaine pair of Indentures of Defeazance thereupon made, bearing date the &c. for payment of 100 l of &c. on the &c. at or within &c. as by the same recited Recognizance and Indenture of Defeazance more at large appeareth. Now know, that I the said H B, for divers good causes and considerations me in this behalf especially moving, have assigned and set over, and by these presents do assigne and set over unto W G of &c. his executors, administrators and assigns, as well the said recited Recognizance or Statute and Indenture of Defeazance thereupon made, and all and every sum and sums of money in them or either of them contained; as also all and every benefit, profit, commodity and advantage whatsoever thereupon and thereby to be recovered, obtained, gotten, perceived or had.
And further, I the said H B do by these presents make, ordain, constitute, substitute and appoint the said W G to be my true and lawful Deputy and Atturney irrevocable for me, and in my name, neverthelesse to the only proper use and behoof of my said Atturney, his executors, administrators, and assigns, to [Page 33] take, levy, recover, sue for, receive and demand of the said R I his &c. or some or one of them, at the day and place aforementioned for payment thereof, the said summe of 100 l. in the said Indenture of Defeazance mentioned, and for non payment thereof, the said summe of 200 l, being the penalty of the said recited Statute or Recognizance. Giving, and by these presents granting unto my said Atturney by the tenour hereof my full and whole power, right, To prosecute Actions. strength, and lawful authority in execution of the premises the said R I his, &c. and such of them as shall fail and make default of payment of the said summe of 100 l. at the day and place aforesaid, to arrest, sue, implead, imprison, and out of prison to deliver, and to sue for the execution and executions, extent and extents of and upon the said recited statute and pleas, and prosecutions for me and in my name to sustain and maintain in whatsoever Court or Courts, and before whatsoever Judge or Justices the matter shall be brought, as precisely as the Law will it permit or suffer, and upon receipt or recovery thereof, acquittances, or other sufficient discharges on that behalf for mee and in my name to make, seal and deliver, and one Atturney or more under him to constitute, substitute, and at his pleasure to revoke. And finally, to do, affirm, conclude and finish all and whatsoever my said Atturney, or his Deputy or Deputies shall think meet to be done in or about the premisses by these presents, as fully and largely as I my self might do if I were then and there personally present, without any accompt to me or any other to my use to be made, or any allowance to bee given: and I shal and will ratifie, confirm and allow all and whatsoever [Page 34] ever my said Atturney or his sufficient Deputy or deputies, shall do or cause to be done in or about the premises by these presents.
And I the said H B, for me, my heirs, &c. and every of us, do covenant, promise, and grant by these presents to and with the said W G, For avowing Actions. his &c. in manner and form following; viz. That I the said H B my heirs &c. and every of us shall and will from time to time at the proper costs and charges of the said W G, his, &c. avow, justifie and maintain all and every such lawful Action and Actions, Suits, Plaints, Pleas, Processes, Judgments, Extents and Executions, as he the said W G his &c. shall attempt, commence, bring, prosecute or sue forth in the name or names of us, or any of us, of, for, upon or by reason of the aforesaid Statute or Indenture of Defeazance, or any sum or sumes of moin them or either of them contained, without being nonsuit or otherwise discontinuing, delaying or hindring the same or any of them, except it be by and with the special licence, assent, consent and agreement of the said W G, his executors, administrators or assigns in writing in that behalf under his or their, or some or one of their hand and seale, or hands and seales first had and obtained.
And that I the said H B have not done, nor wittingly or willingly suffered, nor that I, Not to release or revoke. my heirs, &c. nor any of us shall do, procure, or consent to be done any manner of act or thing whatsoever, whereby, or by reason whereof the said Recognizance or Statute, or any sum or sums of money therein, or in the said Indenture of Defeazance contained, or any Sute, Judgment, Execution [Page 35] or Extent thereupon to be commenced, sued forth or had, shall, or may be in any wise discontinued, delayed, barred, defeated, discharged, released or hindred, nor shall or will at any time or times hereafter revoke, recal, dis-annull, repeal, countermand or make void this present Letter of Atturney, or any Power, Licence or Authority, herein or hereby given or granted, except it be by and with the like assent and agreement, as is aforesaid. And that all and every such sum and sums of money as shall be recovered, obtained or gotten by reason of the executing of these presents, shall be to the only use and behoofe of the same W B his executors and assigns.
And further, that I the said H B, my executors and administrators shall and will upon the reasonable request, To make further assurance or Letter of Atturney. and at the like costs and charges of the said W G his executors or assigns, make, seal and deliver unto him, them, or some or one of them, all such further, lawful and reasonable Letters of Atturney, and Indenture of Assignment for the assigning or setting over of the Land to be delivered upon extent, if any bee, touching the premises, as by the said W C his executors or assigns shall be reasonably demised. So that in the said Letters of Atturney and Indenture of Assignment, or either or any of them, there be not contained any other or further warranty or warranties then only against me the said H B and my heirs, nor any covenant for discharge of incumbrances other then for any act done by me.
And also that he the said W G his &c. or some of them do from time to time, pay, bear and discharge all such costs and charges as shall grow or be To discharge the Assignor from costs of non-suits and mispleading. [Page 36] for or by reason of the executing of these presents. And also do and shall cleerly acquit and discharge, or sufficiently save and keep harmless me the said H B my heirs &c. goods, chattels, lands, tenements, possessions and hereditaments, and every of them, off and from all such costs, losses and damages, and other Detriments as shall or may at any time hereafter happen, arise or grow by reason of any Nonsuit, discontinuance, mispleading or misprision of any Process, Action or Execution to be commenced or sued forth by vertue hereof, or any power or authority hereby given or granted, willingly, wittingly, or negligently to be suffered, committed or done by the said W G his &c. or by his or their Atturney, Counsellor or Solicitor, or any of them.
In witnesse, &c.
A Lease of Tithes.
THis INDENTURE made &c. between A B and C D &c. for divers good causes and considerations, him in this behalf specially moving, Hath demised, granted, and to farm letten, and by these presents doth &c. unto the said C D. all those Tithes of corn, grain, and hay, yearly and from time to time growing, coming or renewing within the Townes, fields, parishes or hamblets of F and E in the County of G, parcel of the Rectory of F in the same County, and all profits and commodities whatsoever to the said Tithes belonging or appertaining, [Page 37] or with them or any of them usually occupied, reputed or enjoyed; and also all that close of sand and pasture with the appurtenances at S, and one barn thereupon builded, called the tithe lathe, with their rights and appurtenances, and also all and singular houses, edifices and buildings, barns, stables, dove-houses, yards, orchards, gardens, lands, tenements, meadowes, feedings, pastures, profits, commodities, advantages, emoluments and hereditaments whatsoever to the said tithes, and other the premises by these presents demised, or to any of them belonging, or appertaining, or with the same usually demised, let, occupied or enjoyed. To have and to hold the said tithes of corn, grain and hay, close, barn, and all and singular other the premises hereby demised and granted, and every parcel thereof with the appurtenances, unto the said C D his executors and assigns from the Feast of M last past before the date hereof, unto the end and term of 21 years from thence next ensuing, and fully to be complete and ended. Yeilding and paying therefore yearly during the said term, unto the said A B his heirs and assigns the sum of C l of &c. at two Feasts or Terms in the yeer most usual; viz. at the Feasts of L. and M. or within 40 dayes next after any of the same Feasts by even and equal portions, at or in the now, &c.
And the said C D doth covenant, promise, and grant for himself, his &c. by these presents, to and with the said A B his heirs, To distreine. Nomine poenae. &c. and every of them, that if it happen at any time hereafter the said yeerly rent of 100 l. to be behind unpaid in part or in all by the said space or 40 daies next over or after either of the said Feasts at or in the which the same ought to be paid as aforesaid, being lawfully demanded at the place of payment aforesaid, [Page 38] That then, and for every six dayes after the said 40 dayes, that the same yearly rent of C l. or any part thereof shall be so behind unpaid, he the said C D his executors, administrators or assigns, shall and will forfeit, lose and pay unto the said A B his heirs or assignes 20 s of &c. (nomine poenae) for every such default. And also that then it shall and may be lawful to and for the said A B his heirs and assigns, or any of them, into all and singular the premises by these presents demised, and into every or any part and parcel thereof, to enter and distreine, as well for the said yearly rent of C l. or so much thereof as shall be behind unpaid, contrary to the true meaning of these presents, as for the said 20 s. so to be forfeited (nomine poenae) as aforesaid, and the arrerages of the same, if any be, and the distresse and distresses then or there so taken, to lead, drive, bear, take and carry away, and with him or them to detain and keep until the said yeerly rent of C l, or so much therof as shal be behind unpaid, and the said xx s so to be forfeited for every six dayes (nomine poenae) as aforesaid, and all arrerages thereof be unto the said A B his heirs or assigns, fully satisfied and paid.
And the said C D for himself his, &c. and every of them doth covenant, promise and grant by these presents to and with the said A B his heirs &c. and every of them. For Reparations and fencing. That he the said C D his, &c. and every of them, shall and will at their own proper costs and charges, during the said term of 21 years, when and as often as need shall require, well and sufficiently keep in repair, uphold, maintain and amend the said Barn called the Tithe-Lathe, and all other houses, edifices, and buildings before demised, and every part and parcel thereof with the appurtenances, in, with and by all and all [Page 39] manner of needful and necessary reparations in as good sort, maintenance and repaire, as they and every of them be at the date hereof; and the hedges, ditches, fences and inclosures of, and belonging to the premisses well and sufficiently hedge, fence, ditch, scowre, cleanse and make from time to time when and as often as need shall require. And the same premisses so being well and sufficiently repaired, upholden, maintained, kept, hedged, fenced, ditched, scowred, cleansed, and made, in the end, or other determination of this present Lease, shall and will leave and yeild up unto the said A B his heirs or assigns.
And the said A B for himself his heirs &c. covenanteth, promiseth and granteth by these presents to and with the the said C D his &c. and every of them, that he the said C D his, For quiet enjoying. &c. and every of them paying the said yearly rent of C l in manner and form aforesaid, and performing the covenants, grants, articles, clauses and agreements, by and in these presents reserved on his and their parts and behalfs to be done, performed and kept, shall or may from time to time, and at all times hereafter, according to the true meaning of these presents, peaceably and quietly have, hold, use occupy, possess and enjoy the said tithes of corn and hay, tithe barn, close, and all and singular other the premises hereby demised and granted, and every part and parcel thereof with the appurtenances, without the lawful let, trouble, interruption or disturbance of him the said A B, his heirs or assignes, or of any other person or persons whatsoever by his, their, or any of their meanes consent or procurement.
And also, that he the said A B his heirs and [Page 40] assigns, or some of them shall and will from time to time, For discharging Quit-rents. and at all times during the said term of 21 years hereby granted, pay, bear and discharge all and all manner of Fee-farm rents, and quit rents due or payable, or to be due and payable to our said Soveraign Lady Eliz. the Q. Majesty, her heirs &c. for or in respect of the premisses. And also all and all manner of duties and payments which during the said term shall grow due or be payable to the Parson, Curate or Vicar there, for or in respect of his serving of the same Cure there, and wherewith or whereby the said premisses by these presents demised, or any part or parcel thereof, or the said C D, his &c. in respect thereof shall or may in any wise be charged or chargeable at any time hereafter during the said term of three yeers by these presents granted. The said yearly rent of C li. hereby reserved for the premisses only except and foreprised.
In witnesse, &c.
A Lease of a Messuage, with an increase of rent paid quarterly, in the name of a fine or income.
THis INDENTURE made &c. Witnesseth, That the said H H, aswel for and in consideration of the sum of three hundred l. of &c. in the name of a Fine or Income, to be paid unto him the said H H, his executors, administrators or assignes, by the said P L his executors, administrators or assignes, at or within the &c. in manner and form hereafter in these presents particularly expressed and set downe: as also for divers other good causes and considerations [Page 41] him the said H H in this behalf especially moving, Hath demised, granted, and to farm letten, and by these presents doth &c. unto the said P L, all that his messuage or tenement, late in the tenure, farm and occupation of him the said H H; and before that, in the tenure or occupation of P C, to him the said P sometime demised or letten by R N, set, lying, & being in Chancery lane in the parish of &c. And also all cellars, sollers, yards, back-sides, wayes, entries and easments whatsoever, with the appurtenances unto the said messuage or tenement belonging or used, demised or occupied as part or parcel of the same, or reputed or taken as part or member thereof: which said messuage or tenement before demised, the said H H hath and holdeth for divers years yet enduring, exceeding the term of one and twenty years herein and hereby granted, by force and vertue of an Indenture of Lease dated the second of M. in the fortieth year of &c. made and granted by Miles Dodding Esquire to him the said H H. To have and to hold all the said messuage or tenement, and all and singular other the premises with the appurtenances herein before demised and granted unto the said P L, his &c. from the feast of &c. next coming after the date hereof, unto the end and term of one and twentie years from thence next ensuing, fully to be complete and ended: Yeelding and paying therefore yearly during the said term, unto the said H H his, &c. the yearly sum of four pound of &c. at four usuall feasts or terms in the year. viz. at the Feast of B. Saint M. L. and T. by even and equall portions.
And if it happen the said yearly rent of four li. to be behind or unpaid in part or in all, by the space of twelve dayes next after any of the said usuall Feasts in which it ought to be paid as aforesaid, To forfeit for nonpayment of rent. [Page 42] said, being lawfully demanded, That then and from thenceforth this present Demise, Lease and Grant of the premisses, and all and every covenant, grant, article and agreement herein contained on the part and behalf of the said H H, his &c. or any of them, to be performed or done, shall cease, determine, and be utterly void, frustrate and of none effect. This Indenture, or any thing herein contained to the contrary thereof in any wise notwithstanding.
And the said P L doth covenant, promise and grant for himself, his &c. by these presents, For reparations. to and with the said H H, his &c. and every of them, in manner and form following, viz. that he the said P L, his &c. shall and will at all times hereafter, and from time to time, at his and their own proper costs and charges, well and sufficiently repair, support, sustain and maintain the said messuage or tenement, and all other the afore-letten premisses, in, with and by all and all manner of necessarie reparations, when and as often as need shall be, during the said Term; And also all and every the pavements, sieges and widraughts of or belonging to the same premisses, shall at his and their like costs and charges well and sufficently pave, make and amend, purge, cleanse, scoure and make clean, when and as often as need shall be, during the said term by these presents granted, & the same premises so well and sufficiently repaired, supported, paved, scoured, cleansed, sustained and maintained in the end, or other determination of this present Lease, shall and will leave and yeeld up unto the said H H, his &c.
And further, that it shall and may be lawfull to and for the said M D and H H or either of them, For viewing reparations. or the heirs, &c. of them or either of them, twice [Page 43] every year during the continuance of this present Lease, to come and enter into the said demised premises, and into every or any part or parcel thereof with two or three others, to view and search what reparations shall be needfull there to be done; and if any default or lack of reparations shall there happen to be found, That then and so often he the said P L his &c. at his and their own proper costs and charges within two months next after notice and warning thereof given, shall well and sufficiently repair, amend and make the same from time to time, during the said term of one and twenty years, and that in and by all things, when and as often as any such lack or default of reparations shall be so found.
And further, the said P L doth &c. That he the said P L, For payment of a Fine or income quarterly. his &c. or some of them, shall well and truly content and pay, or cause to be contented or paid unto the said H H, his &c. or some of them, the said summ of three hundred li. of &c. being the Fine or Income of the premisses, in manner and form following; viz. in or upon the Feast day of N. next coming after the date hereof, or within twelve dayes next after the same Feast day, at or within &c. the sum of 130 li. of &c. On the Feast day of S. then next ensuing, or within twelve dayes next after the same Feast day, at the place of payment aforesaid, other 130 li. &c. And and so afterward at every of the said Feasts of the N. S. the B. and T. which shall happen during the said term of 21 years, or within 12 dayes next after every of the same Feasts, the sum of 125 li. of good &c. at the place of payment aforesaid, for and in full discharge, satisfaction and payment of the said sum of 300 li. of good &c. of and for the said Fine or Income to be paid as aforesaid.
And moreover, that neither he the said P L, Not to grant any estate without the licence of the donor. his executors, &c. nor any of them, nor any other person or persons claiming any thing in or to the demised premisses, or any part thereof, by, from or under the said P L. shall at any time or times hereafter during the natural lives of the said H, and A his Wife, and the life of the longest liver of them, grant, alien, assign or set over his or their said interest or term hereby granted, or any part thereof, of or in the said demised premisses, or any part or parcell thereof, to any person or persons that shall use the Trade or occupation of a S. or any noisome Trade, except it be by and with the consent and agreement of the said H, his executors &c. in writing under his or their hands and seals in that behalf first had and obtained.
And further, the said P L doth &c. To deliver implements of houshold. That he the said P L, his executors, administrators or assigns, or some of them, shall at the end or other sooner determination of the said term of one and twenty years, leave, yeeld up and deliver, or cause to be left and delivered to the said H, his heirs or administrators, all such implements of houshold-stuffe, wainscot and other things as are mentioned and expressed in a schedule indented, to these presents annexed, in as good case as the same now are and be, reasonable wearing thereof onely excepted.
Provided alwaies, That if it shall happen at any time hereafter during the said term of 21 years herein before granted, Re-entry for nonpayment of a fine or income quarerly. any of the said quarterly payments of 4 li. or [Page 45] any of them, or any part or parcel of them, or any of them to be behind and unpaid by the several times and spaces above limited to be paid after every or any of the said Feasts, contrary to the forme aforesaid, and contrary to the true intent and meaning of these presents, being demanded at the place of payment afore limited and appointed for payment thereof. That then and at all times after every or any such default of payment, so made of the said quarterly payment of iiii l. it shall and may be lawful to and for the said H. his executors, administrators and assigns, or any of them, into the said Demised premisses, and every parcel thereof with the appurtenances, to re-enter, and the same to have again, enjoy and repossede, as in his or their first and former estate; this Indenture, or any thing herein contained to the contrary thereof in any wise notwithstanding.
A Lease of a manor.
THis INDENTURE &c. Witnesseth, That the said E R. for and in consideration of the sum of C l. of &c. to him in hand, at and before the ensealing and delivery of these presents by T C well and truly contented and paid, whereof and wherewith the said E acknowledgeth himself fully satisfied and paid, and by and at the request of the said T C, hath demised, granted, betaken, and to farm letten, and by these presents doth &c. unto F I and C D the Site of the House of &c. And also all &c. (Reciting the parcels of Land) together with all houses, [Page 46] edifices, buildings, barns, stables, dove-houses, yards, orchards, curtilages, gardens, land, ground and hereditaments lying and being within the site and precinct of the said house &c. (recite the parcels of land.) And also all commons of pasture, commodities, profits and emoluments to the site of the said house &c. and to all the said premisses or any of them in any wise appendant, belonging or appertaining, or had, used or occupied to or with the same, or any of them, or as belonging or appertaining to them or any of them; And also all other the messuages, lands, tenements, meadows, feedings, pastures commons and hereditaments whatsoever, set, lying, and being in H.E. and H, and every or any of them, in the said County of Middlesex, of or in which the said E R hath or had any estate of inheritance, either by the common Law, as Free-hold, or Coppy-hold; or by the custom of any Manor or Manors: And the Reversion and Reversions whatsoever of all and singular the said site, messuages, lands, tenements, hereditaments, and other the premisses herein before mentioned to be demised and granted, and of every part and parcel thereof with the appurtenances: And also all and singular rents and yearly profits whatsoever, reserved upon any demise, lease or grant heretofore made or granted of the premisses, or of any part or parcel thereof. Except and alwayes reserved unto the said E R free liberty to sell, fell and carry away all great Trees, Woods and Underwoods, growing or being of, in or upon the premisses, or any part or parcell thereof. To Have and to hold the said site of the &c. house, the said mese or tenement called &c. and all and every the other messuages, lands, tenements, lanes, meadows, feedings, pastures, commons & hereditaments, & all & singular the other premisses herein before mentioned to be demised and granted, & every [Page 47] part and parcel thereof with the appurtenances (except before excepted) unto the said F I and C D their executors, administrators and assignes, from the Feast of &c. last past before the date hereof, unto the end and term of 21 years from &c. and fully &c. Yeilding &c.
And if it shall happen the said yearly rent of 20 l. or any part or parcel thereof to be behind and unpaid in part or in all by the said space of 28 dayes next after either of the said Feasts in which it ought to be paid as aforesaid, being lawfully demanded, To distreine. that then it shall be lawful to and for the said E R his heirs and assignes into all and singular the said premises, with the appurtenances, and every part and parcel thereof to enter and distreine; and the distresse or distresses so taken, to bear, lead, drive, carry away and impound, and in pound to detain and keep the same until that all the arerages of the said rents and yearly payments or any of them be fully satisfied, contented and paid, any thing in these presents contained to the contrary thereof in any wise notwithstanding.
And the said E R doth covenant &c. in manner and form following; viz. That it shall and may be lawful to and for the said F I and C D, To take house-boot and fire-boot. their executors, administrators, tenants and assigns and every of them, to have and take, in and upon the premises growing, competent and sufficient house-boot, hedg-boot, fire-boot, plough-boot and cart-boot to be spent and occupied in and upon the premises and not elsewhere, during the said terme of 21 yeares by these presents granted.
And the said F I and C D do covenant, &c. [Page 48] That they the said F and C their heirs or assigns, For discharging Rents and Fee-Farmes. or some of them, shall and will at all times hereafter, and from time to time, discharge or save & keep harmless the said E R his heirs &c. and every of them against all and every person and persons whatsoever of and for all rents and fee-farms, wherewith the premises are or may be charged, so long as they the said F I and C D, their &c. shall or may enjoy the premsses by vertue of this present Lease, without any manner lawful let, trouble, interruption or disturbance of him the said E R, or his heirs or assignes, or of any other person or persons by his assent, meanes, consent, interest or procurement. Blunden.
A Lease of Land.
THis INDENTURE, &c. Witnesseth, That the said W C for divers good causes and considerations him in this behalf especially moving, hath demised, granted, and to Farm letten, and by these presents doth &c. unto the said R T. all those several parcels of Land, Meadow, pasture and wood-ground hereafter expressed, being parcel of the Demesnes of the Manor of R in the Parish of H, in the County of M, as the same are now inclosed and divided: that is to say, one close &c. (reciting all them by their several names) one other close, field, or parcel of ground called P. All which said premises herein before mentioned to be demised and granted contain together by estimation 100 Acres, [Page 49] viz. lx Acres of plain ground, Land, Meadow and Pasture, and xxx Acres of Wood-ground; and also all woods and underwoods whatsoever, growing, or being of, in, or upon the premises, or of, in or upon any part or parcel thereof; and also, all gates, wayes, passages, commons, profits, commodities, emoluments and appurtenances whatsoever to the demised premises, or to any part or parcel thereof belonging or appertaining, or with the same premisses as part and parcel thereof belonging or appertaining, used, occupied, reputed or enjoyed. To have and to hold the said several parcels of ground, land, meadow, pasture and wood, and all and singular other the premisses hereby demised and granted, or meant, mentioned, or intended to be demised and granted, and every of them, and every part and parcel thereof, with their, and every of their appurtenances, unto the said R T his &c. from the Feast of &c. unto the end and term, and for and during the whole term of one and twenty years from thence, &c. Yeilding and &c. with a clause of re-entry for non-payment of rent.
And the said R T doth covenant &c. in manner and form following; viz. That he the said R T &c. his &c. or some of them, For erecting a house. at his or their own proper costs and charges, shall and will within the space of five years next ensuing the date hereof, erect, build and set up, or cause &c. in or upon some part or parcel of the demised premisses, a convenient dwelling house, & other houses of Office, and in and about the same building shall bestow the full sum of 200 l. of lawful &c. at the least; and the fame so builded, during the said term, in and by all things needful, shall and will repair, maintain, and in good reparations keep.
And the said A. doth covenant &c. That he the said A. his executors, &c. shall within seven years next ensuing after the commencement of this present Lease, For erecting a tenement with three stories. at his or their own proper costs and charges, make, frame, erect, set up and fully finish, in or upon the ground or place where the said messuage or tenement before mentioned to be demised doth now stand, one strong, substantial, and workmanlike frame, fit, convenient, and sufficient for one dwelling house or more, of three stories and an half at least in height above the ground, of good, strong, substantiall and well seasoned Oken Timber, every story to be of sufficient and convenient height one above another, and the fore-part of the same frame to be well and workmanlike wrought, plained, carved and juttied over, with a convenient and sufficient number of chimnies of brick, bay-windows, cleer-stories, vaults, privies, doors, stairs, partitions, cellar or cellars, and whatsoever else is or shall be necessary for such a dwelling house or houses. The same frame to extend and containe in length and breadth at the ground so far at the least as the said messuage or tenement afore-mentioned to be demised doth now extend and containe every way.
And the said A doth for himself, his executors &c. covenant &c. To and with &c. That it shall and may be lawfull [...]o and for the said Wardens and Comminaltie, For viewing of reparations. their Successours, Renter-certain, Atturney and Assigns, and every or any of them, with such artificers, workmen and other persons as they or any of them shall name or appoint, twice in every year yearly during the said term, at their libertie and pleasure to enter and come into the said [Page 51] demised premisses, and into every or any part or parcel thereof, there to view, search and see what defaults or lacks of or in reparations shall be found, and needfull or necessary to be repaired or amended in or upon the demised premises or any part thereof, and to give monition and warning unto the said A, his &c. or to the occupier or occupiers of the same premisses for the time being, to repair and amend the same. All and singular which defaults and lacks of reparations so from time to time to be found, the said A for him, his &c. and for every of them, covenanteth and granteth by these presents well and sufficiently to repair and amend from time to time within three months next ensuing every such warning given, without fraud or further delay.
An assignment of a lease, and bond to perform the covenants of the same lease.
THis INDENTURE made &c. witnesseth, That whereas our said Soveraign Lady Elizabeth the Queens Majestie that now is by her Highnesse Letters Patents under the Great Seal of England, bearing date at &c. did deliver, grant, and to farm let unto her well beloved servant A T. Landresse for her Highnesse bodie, and Wife of her Highnesse servant H T, for certain severall terms of years, and for severall yearly rents in the said Letters patents mentioned and expressed (amongst other things) All those Water and Wind-mils with their appurtenances, and the toll of the same, situate, lying, growing, coming or renewing within the Lordship of K. [Page 52] in the County of &c. and all the Toll of the Markets and Faires within the Town of K. aforesaid and the rents, issues and profits yearly from time to time coming, growing and arising of the Tolls aforesaid, with all appurtenances. And all that House in K. aforesaid called S &c. (as in the Letters Patents) and also all and singular houses, edifices, buildings, barnes, stables, dove-houses, orchards, gardens, demesne Lands, Lands, Meadowes, Feedings, Pastures, Commons, Wasts, Heathe, Furze, Waters, Water-courses, Streams, Banks, Pooles, Fish-ponds, Tolls, Customes, Suitesocken, and mulctures of Tenants, Fishing-places, Fishings, Profits, Commodities, Emoluments and Hereditaments whatsoever to the said premisses, or to any of them any way belonging or appertaining; or with the same or any of them theretofore usually for or under the several yearly rents by the said first mentioned Letters Patents for the same reserved, demised, set, used or enjoyed with all their appurtenances; Except as in and by the said recited Letters Patents to the said A T made, and granted as aforesaid, are or have been excepted. And whereas also the said H T and A his said wife by their Indenture of Lease, bearing date, &c. for the considerations in the same Indenture expressed, have for certaine several Termes, and for divers severall yearly rents, in the same reserved, mentioned and expressed, demised, granted, and to Farm letten, unto the said I F. the said Water and Wind-mills, with the appurtenances and the Toll of the same, situate, lying, growing, coming or renewing within the said Lordship of R in the said County of &c. and all the said Toll of the Markets and [Page 53] Fairs within the Towne of K. aforesaid, and the rents, issues and profits yearly from time to time coming, growing and arising of the Tolls aforesaid, with all their appurtenances. And all the said house, &c. (ut in Literis Patentibus) and also all and singular other the premisses before recited, and in or by the said Letters Patents dated the 2 day of M. &c. to the said A T demised and granted as aforesaid (except before excepted) as in and by the same Indenture of [...]e dated the 21 day of S in the said 39 of &c. amongst divers other covenants, grants, articles and agreements therein contained more plainly at large doth and may also appear. The said I F now, for and in consideration of a certain sum of good, &c. to him in hand, at and before the ensealing and delivery hereof by the said I S well and truly contented and paid, whereof and &c. and thereof, and &c. (ut in aliis) Hath granted, bargained, sold, aliened, assigned, and set over, and by these presents doth fully, clearly and absolutely &c. unto the said I S as well the said recited Indenture, dated the said 21 of S. in the said 39 year of, &c. as also all the estate, right, title, interest, possession, term of years, reversion, claim and demand whatsoever, which he the said I F hath or had, or may, might, or ought to have, or claim, of, in or to the said water and wind-mills, and the said Toll of the same Faires, Markets, Tolls, Site of the Manor, Demesne Lands, Lands, Tenements, Meadowes, Feedings, Pastures, Commons, Profits, Commodities, Emoluments, Hereditaments, and all and singular other the premises before recited, and to him the said I F in or by the said recited Indenture of Lease mentioned to be demised and granted, and of, in and to every part and parcel thereof with the [Page 54] appurtenance, by force and vertue of the same Indenture of Lease, dated the 21 day of S, or any thing therein contained, or otherwise. To have and to hold the said Water and Wind-mils, and the said Toll of the same Fairs, Markets, Tolls, site of the Manor, Demeasne Lanes, Lands, Tenements, Meadowes, Feedings, Pastures, Commons, Profits, Commodities, Emoluments, Hereditaments, and all and singular other the premises herein before mentioned, meant or intended to be granted, bargained, and sold, and every part and parcel thereof with the appurtenances (except as before excepted) and also all the said estate, right, title, interest, possession, term of years, reversion claim, and demand whatsoever of him the said I F, of, in and to the same premisses before recited, and of, in and to every part and parcel thereof, with the appurtenances, unto the said I S his, &c. from the day of the date of these presents, for and during, and unto the full end and accomplishment by course of time of all the said several term and termes of years mentioned to be demised, or granted to him the said I F in or by the said recited Indenture of Lease, dated the said 21 day of- S. and that in such like, and in as large, ample and beneficial manner and form to all intents and purposes, as hee the same I F hath or had or may or ought to have and enjoy the same premisses by force and vertue of the said recited Indenture of Lease, to him the said I F made and granted as aforesaid, or any thing therein contained, together with the same Indenture.
And the said I F doth covenant &c. in manner and form following; viz. That he the said I F hath not at any time heretofore done or committed, That the Assignor hath not done any act to incumbe the estate. [Page 55] neither shall or will at any time hereafrer do or commit any act or acts, thing or things, whereby the estate, right, interest or term of years of him the said I F in or to the premises or any part thereof, is or shall be troubled, charged or incumbred; the rents, covenants, conditions and agreements in the said recited or mentioned Indenture, (dated the said 21 day of S. in the said 39 yeare of the Raigne of our said Soveraigne Lady, and hereafter to bee done and performed) only excepted and fore-prized.
And that he the said I S, his, &c. and every of them, shall or may at all times hereafter, and from time to time, For quiet enjoying void of incumbrances for and during all the rest and residue yet to come and unexpired of the said several termes of years mentioned, to be demised or granted to him the said I F in or by the said recited Indenture of Lease dated the said 21 day of S. peaceably and quietly, have, hold, use, occupy, possesse and enjoy the said Water and Wind Mills, Tolls, Fairs, markets, site of the Manor, Demeasne Lanes, Lands, Tenements, Meadows, Feedings, Pastures, and all and singular other the premisses herein before mentioned to bee granted, bargained, sold, assigned and set over, and every part and parcel thereof with the appurtenances (except before excepted) cleerly acquitted and discharged, or otherwise upon reasonable request, suffered, saved and kept harmlesse of and from all bargaines, sales, gifts, grants, Leases, assignements, mortgages, forfeitures, re-entries, rents, arerages of rents, statutes, recognizances, judgements, extents, executions, and of and from all other charges, titles, troubles and incumbrances whatsoever had, made, committed [Page 56] or done by him the said I F, or by any other person or persons by his meanes, assent, or procurement. The several yearely rents and covenants reserved and comprized by and in the said recited Indenture of Lease, which on the Tenants or Farmours behalfe from henceforth for and in respect of the premises hereby mentioned to be bargained and sold, are or ought to bee paid, done or performed, only except and fore-prized.
Of which said rents and covenants concerning only the premises, the said I S doth covenant, promise and grant for himself his executors, administrators and assignes, and every of them, at all times hereafter, and from time to time, upon reasonable request cleerely to acquit, exonerate and discharge, save or keep harmlesse the said I F his executors and administrators, and every of them against the said H T and A, their executors, administrators, and assignes, and every of them.
And whereas also the said H T, by the name of H T of E, &c. and one A B of, Assignement of an Obligation. &c. by their Obligation, bearing date the 21 day of S. in the said 39 year of her Majesties Reigne, are and stand jointly and severally holden and bound unto the said J F, in the summe of 300 l. of &c. with condition for the performing, observing, fulfiling and keeping of all and every the covenants, grants, articles and agreements, which on the part of the said H T, his heirs, executors, administrators, and assignes are or ought to be performed, observed, fulfilled, and kept, mentioned and comprized in the said Indenture of Lease, [Page 57] bearing date the said 21 day of S. made between the said H T and A his wife of the one part, and the said I F of the other part, as by the same Obligation and Condition more plainly likewise doth and may appeare.
Now the said J F for the consideration aforesaid, doth by these presents grant and set over unto the said I S his executor [...] and assignes the said recited Obligation, and the penalty and summe of 300. l. therein contained. And also doth hereby make, assign, Letter of Atturney. depute, and constitute the said I S to be his true, sufficient and lawful Atturney and Deputy irrevocable for him, and in his name to ask, levy, recover and receive of the said H T and A B their heires, executors or Administrators, the said summe of 300 l. of &c. And further the said I R doth by these presents grant unto the said I S full power and authority in execution of the premises, the said H T and A B their heirs, executors and administrators, and every or any of them, at the only costs, expence and charges of the said I S his executors, administrators or assigns, to arrest, sue, implead, imprison, condemn and out of prison to deliver, and pleas and prosecutions for and in the name of the said I F his executors or administrators to sustaine and maintaine in whatsoever Court and Courts, and before whatsoeuer Judg or Justices the matter shall be brought, as precisely as the Law will it permit and suffer; and at the like costs, expences and charges of the same I S his &c. to recover and receive upon receipt or recovery thereof Acquittance and Acquittances, or other sufficient discharges, for and in the name of the said I F, his Executors or Administrators, to make, seal and deliver, and one Atturney [Page 58] or more under him, to constitute, substitute, and at his pleasure to revoke; and at the like costs, expences and charges of the said I S, his &c. all and every other thing and things whatsoever, which the said I S his &c. in or about the premisses shall think needful or necessary to be done, to do execcute, follow and finish as fully, wholly and largely in every thing as the said I F might or ought to do, if he were then and there personally present, without any accompt to him the said I F his &c. to be made, or any allowance to be given. And he the said I F shall and will and doth ratifie, confirm and allow the same by these presents.
And the said I F doth further covenant, &c. in manner and form following; viz. Not to release the penalty in the obligation. That he the said I F hath not released, acquitted or discharged, nor that he, his &c. at any time or times hereafter shall or will without the assent of the said I S his &c. had thereunto in writing under his or their hand and seal, release, acquit, or discharge the said recited obligation, or the penalty, or sum of money therein contained, nor any the person or persons therein mentioned of or from the same.
And also, that he the said I F his &c. and every of them shall and will from time to time, For avowing of Actions. at the reasonable request, and at the costs and charges in the Law of the said I S his &c. avow, justifie and maintain, permit, suffer and allow all and every such lawful action and actions, suits, plaints, pleas, processes, judgments, and executions concerning the premisses, as the said I S his &c. shall attempt, commence, prosecute or bring, or cause to be attempted, commenced, prosecuted or brought in the name [Page 59] or names of him the said I F his &c. without being willingly or wittingly non-suit or other delaying, discharging, barring or hindring the same willingly and wittingly, except it be by and with the special assent, consent and agreement of the said I S his &c. in writing in that behalf first had and obtained, or by his or their, or some of their meanes or act.
And further, he the said I F his &c. at he like request of the said I S, his &c. shall and will from time to time and at all times hereafter when need shall require, To make further Letters of Atturney. at the costs only and charges and expences of the said I S his &c. make or cause to be made unto the said I S his &c. all such further Letter or Letters of Atturney or other power or authority concerning the said recited obligation, and the recovery of the said sum of 300 l. as by the said I S his executors or assignes, shall be reasonably devised or advised and required. And that all and every such sum and sums of money, or other benefit or commodity as shall be recovered, obtained or gotten by reason of the said recited obligation, or of these presents, shall bee to the only use and behoofe of the said I S his, &c. and to no other use, intent, or purpose.
And the said I S doth covenant &c. That he the said I S, his executors and administrators, or some of them, To discharge the Donor of all damages and suits in Chancery. shall and will at all and every time times hereafter acquit, exonerate and discharge, or otherwise upon reasonable request sufficiently save and keep harmless the said I F his heirs &c. and every of them of and from all costs, losses, [Page 60] summes of money, troubles, charges, damages, and hindrances whatsoever, which the said I F, his executors, administrators or assignes, or any of them shall be charged or chargeable withal, by reason of any such actions or sutes, so to bee commenced, sued, or brought as aforesaid, and of and from all sutes in Chancery, or in other Courts of Equity to be brought against the said I F his executors or administrators for or by reason of the said Bond, and of and from all costs, losses, damages of all and every such sute or sutes. Blunden.
In Witnesse, &c.
To give an Acquittance upon Receipt of Rent.
For and upon every quarterly payment of which said yearly rent, in form aforesaid to be paid, it is agreed between the said parties, that the said A B his executors or assignes shall deliver, or cause to be delivered unto such person or persons, as shall from time to time pay the same rent, an Acquittance testifying the payment and receipt of every such quarterly payment, if any acquittance shall be at every such time demanded.
An Assignment of divers Obligations and Bills.
THis INDENTƲRE Witnesseth, &c. That the said W A and T I for divers and sundry good causes and considerations them thereunto now especially [Page 61] moving, hath granted, bargained, sold, delivered, assigned, and set over, and by these presents do fully, cleerly and absolutely grant, bargain, sell, deliver, assign and set over unto the said W W, all and all manner of obligations, deed or deeds, or writings, obligations, bonds, bills, covenants, promises and contracts whatsoever, wherein or whereby A D of &c. L W &c. R L of &c. and H D of &c. or every or any of them, by any name, addition of names, or place or places whatsoever they, or any of them are called or known, stand jointly or severally, or in any manner of wise holden or bounden unto the said A W and T I, or to either of them, or to any person or persons whatsoever, to or for their, or either of their use, benefit or commodity, and all the sum and sums of money, penalties, forfeitures, debts, duties and demands whatsoever in them, or any of them contained, and all the right and interest that the said A W and T I or either of them hath or may, or ought to have of, in or to the same; and all such benefit, profit, interest, estate and execution whatsoever, which they, or either of them, or any other by them, or either of their means or procurement, may or can have or obtain, by reason of the premisses, or any sute thereupon commenced, sued or brought, or to be commenced, pursued or brought. And further, the said A W and T I do by these presents for the consideration aforesaid, make, ordain, nominate and appoint &c. the said W W to be their true and lawful Atturney. Blundey. ( ut in fol. 57)
And further, that they the said A W, and T J, or either of them, or the heirs, executors, administrators or assigns of them or either of them, To acknowledg satisfaction. shal and wil at all and every time and times hereafter, [Page 62] upon request, acknowledg satisfaction, and make such general or special Acquittances, Releases and Discharges, of and upon the premisses and every part thereof to such person and persons, and in such manner and forme as by the said W W his Executors, Administrators or Assigns or any of them at their or some of their own proper costs and charges, shall be reasonably demised, advised or required.
And the said A W and T J do by these presents further covenant, &c. That at all and every time and times after the death of the said W W, To make further Letters of Atturny to the Executor of the Donee. they the said A W and T J, and either of them, their, and either of their Executors and Administrators shall and will upon every reasonable request in that behalf to be made, make, seal and deliver, as his and their, and every of their act and acts, the like writing and writings, containing every article, matter and thing, as this present writing containeth, unto the Executors or Administrators of the said W W, or such other person or persons, as they or any of them shall name or appoint, according to the true intent or meaning hereof. Blundey.
A Lease of a Messuage, and of Lands.
THis INDENTƲRE made, &c. between L C of the one party, and I C of &c. Witnesseth, That the said L C for and in consideration of the sum of &c. to him in hand paid at the ensealing hereof by the said I C, whereof he the said L C acknowledgeth himself fully satisfied, contented and paid, Hath demised, granted, and to farm letten, and by these presents doth &c. unto the said I C, all that his Messuage or Tenement with all the houses and buildings thereunto belonging, and also all and singular those his Lands, Meadowes and Pastures with all and singular their appurtenances unto the said Messuage or Tenement belonging and appertaining, containing in them by estimation 110 Acres, be it more or lesse, to be had and lying together in R. aforesaid, in the said County of E. and called or known by the name of R. in the said County, and being now in the tenure or occupation of the said I C, and of his Assigns, and also certain other fields called or known by the name of G fields, lying and being in the Parish of R. aforesaid, and sometime in the tenure or occupation of the said I C. Except alwayes to the said L C, and to his heirs reserved out of this present Demise and Grant, all wood and under-woods, great trees and timber-trees, with way and fall for the same, now growing, and which shall grow and be in and upon the premisses and every part thereof during the said term. To have and to hold all and singular the said Messuage or Tenement, [Page 64] Lands, Meadowes and Pastures before rehearsed with their appurtenances (except before excepted) unto the said I C his executors, administrators and assigns, from the Feast of &c. last past, before the date hereof, unto the end and term of 21 years from thence next ensuing fully to be complete and ended. Yeilding and paying &c. ut in aliis.
And the said I C doth covenant, &c. That he the said J C, his executors and assignes shall and will at his and their own proper costs and charges, For Reparations. from time to time, when and as often as need shall require during the said term, well and sufficiently repair, sustain, uphold, maintaine and amend all the said Messuage and Tenement, and all other the houses in and by these presents demised, and buildings to the same belonging, which be now builded and founded with groundsel, and every part of them in all manner of needful and necessary reparations whatsoever, timber only excepted, and shall and will likewise at his and their own proper costs and charges, during the said terme, keep and maintain the Lands and grounds before demised well and sufficiently hedged, fenced and ditched, and the said Messuage or Tenement, and the Lands, Meadowes and Pastures, and all other the premisses before letten, being well, sufficiently and Tenant-like repaired, fenced, ditched, scowred and amended, into the hands of the said L C his heirs or assignes shall leave and yeild up at the end and determination of this present Lease.
For and towards the reparations, and keeping of which said premisses the said L C doth covenant, To allow timber for reparations. &c. That he the said L C. his heirs and assignes, [Page 65] or their Bailiffe of the said Manor for the time being, shall upon request of him or them to be made by the said I C his executors or assignes, assign and appoint from time to time during the said term, when and as often as need shall require, within the said Manor sufficient timber for the making, repairing and amendi [...] [...] the said houses and buildings before letten; the same to be felled, hewed and carved at the costs and charges of the said I C his executors and assign [...].
And moreover, that it shall and may bee lawful for the said I C his &c. for the inclosure, For inclosure and fencing. hedging and fencing of the premisses during the said term, to fell, cut down, and take at all times in the year, making no voluntary waste nor spoil, such sufficient bushes, edders and stakes as shall bee necessary and sufficient for the hedging and fencing of the lands and grounds before demised, the same to bee spent and occupied there, and not elsewhere.
And further, that it shall and may be lawful for the said J C his &c. at all seasonable times in the year, To take Fire-boot and Plough-boot. making no voluntary waste nor spoile, to take and cut down sufficient and necessary cart-boot, hedg-boot, gate-boot and plough-boot; and that it shall and may be further lawful for the said I C his &c. for his and their necessary Fire-boot to lop and top, and shrove in the seasonable time of the year) making no spoile nor waste) such trees as are standing and growing in and upon the premisses, and likewise to take and cut down for his said fire-boot such hedgrows or coppice wood, as is growing within the premisses, the said J C his &c. keeping the said coppice and springs well fenced [Page 66] and preserved, the said fire boot to be spent and occupied within the Tenement and houses before letten and not elsewhere.
And the said I C doth further covenant, promise and grant, for him, his &c. to and with &c. Not to lop or top but for plough-boot and reparations. That he the said I C his [...] shall not fell, cut down, lop or top, or cause to be felled, cut down, lopped or topped in & upon the premisses during the said term, any the woods and underwoods, and timber or trees therupon growing or standing, other then such as he shall take for his and their necessary hedg-boot, plough-boot, cart-boot, gate-boote and fire-boot, and the timber for his and their necessary reparations which is to be taken and felled at the assignment of the Bailiffe of the said Manor for the time being; but shall to his and their uttermost of their power, keep and preserve all the said woods and coppices of woods, and to see that the coppices and springs thereof be well fenced, defended, and kept from utter destruction and spoil of cattel. And moreover, For preserving of springs or young coppices. shall yeild and leave up one Acre of the said coppice of woods of six years growth, and the residue of the woods of three years growth at the least in the end of the said term.
And further, that all the corn and blades, which during the said terme shall grow in and upon the Lands before demised, To lay the straw and blades growing for compost upon the Land. or the more part thereof yearly, within the barnes, there to in-house and inbarne, and the residue upon the said soil by these presents demised; and all the [Page 67] dung and offal coming of the said blades and straw, after they shall be trodden with cattel, to the Lands before demised, and to no other place to carry: and there for compost to bestow and spread, excepting the last year of the 21 years by these presents expressed, in which year he shall leave the said dung within the [...]rd or back-side.
And moreover, that he the said I C his executors and assignes, shall not by any manner of means, give, grant, That the Lessee shall not sell or set over his Lease. bargain, sell, assigne, put over, or otherwise alien and dispose to any other person or persons this his Lease or term of years, or any part or parcel of the Lands before, in or by these presents demised, other then to the wife of the said I C, or to his child or children, or to his brothers or sisters, or to the use of them or any of them, without the special licence, consent and agreement of the said L C, or of his heires first had and obtained in writing.
And the said L C doth covenant, &c. That it shall and may be lawful, to and for the said I C his &c. to carry away his or their corn or hay, That the Lessee may carry his corn and hay from the Lands the last year of his Lease. growing, or that shall grow in, of, and upon the premisses, the last year of this present Demise, to any place or places, at his or their will and pleasure, any Article or covenant herein contained to the contrary in any wise notwithstanding.
And the said I C doth covenant, &c. That it shall and may be lawful to and for the said L C his heirs and assignes, That the Lessor shall carry away his houshold stuff, left in the Tenement demised. at all and every time and [Page 68] times hereafter during the said term of 21 yeares, to have, take and carry away at his and their will and pleasure, all and every the houshould stuff, bed-steeds, implements, planks, wainscots, bords and other things which now be, or remaine at or within the said Messuage, Tenement, and other the premises before demised, being the goods of the said L C, without gainsaying or interruption of him the said I C, his executors, administrators or assignes, or any of them, or of any other by his meanes or procurement.
In witnesse whereof, &c.
A Lease of Lands in exchange.
THis INDENTURE made &c. between T C of &c. and W L of &c. and A now wife of the said W L, and late wife of R B late of &c. of the other part: That where, in and about the 17 day of August now last past there were certaine agreements had and made between the parties to these present Indentures, for and concerning the exchange of divers parts and parcels of their Lands, Leyes, Meadows, Pastures and Hereditaments, with their appurtenances, lying and being in S and VV. and in either or one of them in the said County of York, as hereafter is expressed: First, That where the said VV L had, and was seized in the right of [Page 69] the said A his wife, for and during the term of the natural life of the same A, of divers Arable Lands, Leyes, Meadowes, Pastures, Hads, Flats, and Hereditaments, lying and being dispersed in the Town and fields of S. and W. aforesaid, or in one of them, commonly accompted to be and contain 200 Acres, be they more or lesse, now or late in the tenure or occupation of the said W L, or of his assignes, it was agreed between the said parties by the agreements aforesaid, That the said T C, his executors, administrators and assignes, should have and enjoy for and during the term of sixty years, if the said W L and A now wife of the said W L, should so long live together (Yeilding therefore yearely 1. d.) all and every the said Lands, Meadowes, Pastures, Leyes and Hereditaments before mentioned, of them the said W L, and A his wife in S. fields, and W aforesaid, or in either or any of them in the said County of Y. (except as hereafter is excepted) and that in consideration thereof the said W L, and A his wife, and their Assignes, should have and enjoy for and during the terme of three score years, if the said VV L and A his wife should so long live together, all the Arable Lands, Leyes, Meadowes, Pastures and Hereditaments with their Appurtenances, containing by estimation two hundred Acres, be they more or less, lying or being in the North-field of S aforesaid, in the said County of Y. as the same was then measured, dowled, and staked out by F M Gentleman, and I B, then appointed by the said T C, only Surveyors of the said Manor, and also all those nine Acres of Meadow, &c. by estimation, lying and being in S aforesaid, &c. It is now therefore fully concluded and agreed by and betweene all the said [Page 70] parties to these present Indentures, that the same premisses shall be demised and letten in Exchange, in manner and form hereafter following; that is to say.
The said W L and A now his wife, have demised, granted, and to farm let in Exchange, Exchange. and by these presents do demise, grant, and to farm let in Exchange unto the said T C, all those their, and either of their arable Lands, Leyes, Meadows, Pastures, Hadds, Flats, and Hereditaments, with the appurtenances, set, lying, and being within the three several fields of S. aforesaid, called &c. or in any of them in the said County of Y. containing by estimation two hundred Acres, be they more or lesse, now or late in the occupation of the said W L, or of his Assignes, which late were the Inheritance of R B now deceased, and the Inheritance whereof after his death descended and came unto I B, as son and heire of the said R B; except and out of this present demise and grant, alwayes reserved unto the said W L, and A his wife, as heretofore he or they have usually had and enjoyed, for and in respect of all the premisses, or as appurtenant to the same, To have and to hold the said Arable Lands, Leyes, Meadowes, Pastures, Hadds, Flats and Hereditaments, and all other the premisses before mentioned to be demised and granted by the said W L and A now his wife as aforesaid, with their, and every of their appurtenances (except before excepted) unto the said T C his executors, administrators and assignes, from the Feast of M next coming after the date hereof, for, during and until the full end and terme of sixty years from thence next &c. if the said W L [Page 71] and A now wife of the said W L, do or shall so long live together. Yeilding and paying therefore yearly during the said term by these presents granted unto the said W L and A his wife, and their assignes 1 d. of good &c. at the Feast of M. only, if it be lawfully demanded.
In consideration whereof the said T C hath demised, granted, and to farm letten in exchange, and by these presents doth demise, grant, and to farm let in exchange unto the said W L and A his wife, all and every the said Arable Lands, Leyes, Meadows, Pastures and Hereditaments, with their appurtenances of him the said T C, containing by estimation 200 Acres, be they more or lesse, lying and being in the N. field of S. aforesaid, as the same is now measured, dowled and staked out by the said F M and I B; and also all those nine Acres &c. in a place there al sotted and set out amongst other for the cottages there as aforesaid. To have and to hold all the said Arable Lands, Meadowes, Pastures and Hereditaments, and all and singular other the premisses before mentioned to be demised and granted in exchange by the said T C aforesaid, with their, and every of their appurtenances, unto the said W L and A his wife, and their assignes &c. for, during and until the full end and terme of sixty yeares from thence &c. if the said W L, and the said A, now wife of the said W L do or shall so long live together. Yeilding and paying, &c. ut antea.
And the said W L doth by these presents covenant, &c. in manner and form following; that is to say, Discharged of former estates and incumbrances. &c. That they the said W L and A now his wife, the executors, administrators and assigns of the [Page 72] said W L, or some of them, shall and will at all times from henceforth, for and during the said term of threescore years, if the said W and A now wife of the said W L, do or shall so long live together, cleerly acquit, exonerate and discharge, or otherwise save and keep harmlesse, and indempnified, as well the said T C, his heirs, executors, administrators, and assignes, and every of them, as also the said premisses before mentioned to bee demised and leased in exchange by the said W L and A his wife to the said T C, and every part and parcel thereof, of and from all and all manner of former estates, charges, incumbrances, chief-rents, troubles and demands whatsoever, had, made, committed or done by him the said W L and A his wife, or either of them, or by any other person or persons lawfully claming by, from or under them, or either of them, whereby or wherewith the same premisses, or any part thereof, shall or may be charged or evicted, or whereby the said T C his &c. shall or may be charged, incumbred or dampnified, of or by reason of the same premises, or any part thereof, except before excepted.
And likewise that he the said T C his heirs, executors, administrators and assigns, shall and may at all times hereafter, For quiet enjoying. and from time to time during the said term of 60 years, if the said W. and A. now wife of the said W. L. do or shall so long live together, peaceably and quietly have, hold, occupy and enjoy and all and every the premisses to him the said T C, demised and granted in exchange as aforesaid, and every part and parcel thereof with the appurtenances, except before excepted, without any manner of lawful let, trouble interruption or disturbance of them the said W L and A his wife, or o [...]her of them, or of any other person [Page 73] or persons lawfully claiming by, from or under them or any of them.
And the said C T doth covenant for himself, ut W L antea mutat. mutand.
And whereas it was intended and meant by and betweene all the parties to these presents, That the said I B to whom the right of Inheritance of the premisses mentioned to be demised to the said T C, as aforesaid doth belong and appertaine (being now in his minority) should have made, and granted a lease in exchange unto the said T C of all the said Lands and premises to him the same T demised as aforesaid (by the said W L and A his wife) for the term of four score and nine years, and for the yearly rent of 1 d. And that likewise in recompence, satisfaction and exchange thereof, the said T C should have granted in exchange unto the said I B a like Lease for the like terme of fourscore and nine yeares, and for the yearely rent of 1 d. of the said Lands and premisses, demised or granted to the said W L and A his wife, in exchange as aforesaid. And for that, neither of the same Leases can be more perfectly made and finished. Therefore it is now further covenanted, concluded and fully agreed upon by and between all the said parties to these presents in form following; viz.
And the said W L doth by these presents covenant &c. That he the said W L shall do his best endeavor that he may or can, That an Infant shall seal a lease at his full age of 21 years. to procure and get the said I B by his Deed indented to make, seal, and deliver as his Deed to the said T C, his Heires or Assignes within three monthes next after that hee the same I B shall accomplish [Page 74] his full age of 21 years, a sufficient demise, lease and grant in exchange of all and every the said Lands, Leyes, Meadowes, Pastures and Hereditaments and premisses with their appurtenances to him the said T C, as aforesaid, demised for the term of 89 years, and for the yearly rent of i. d. and with, and under such like, and the same Covenants, clauses and agreements, as before in these presents are limited, expressed and set down on the part and behalf of the said W L to be performed and done.
And in consideration thereof, the said T C doth covenant &c. that if the said I B or his heires do and shall make, seal and deliver as his deed unto the said T C, his heirs or assignes, the said demise, lease & grant in manner and form as is aforesaid, by the said I B to be signed, sealed and delivered to the use of the said T C his heirs or assignes in the presence of three credible persons, whose names shall be subscribed or endorsed upon the same, that then he the said T C or his heirs at or upon the receiving of the said Lease and Grant, shall and will (being thereunto required) make, seal and deliver in exchange unto the said I B, or his assignes, a like lease of all and every the premisses to the said W L and A his wife granted as aforesaid, for such like term and number of years, and with and under such rent & covenants as shall be contained and specified in the said Lease so to be made by the said I B to said T C as aforesaid.
In witnesse, &c.
A Grant of an Annuity or rent-charge.
THis INDENTURE made &c. Witnesseth, That the said A B, for and in consideration of a Marriage already had and solemnized between the said C D and E A, and for the greater good will, love and affection which he hath, and beareth unto the said E A, and for divers other good causes and considerations him moving, he the said A B hath given, granted and confirmed, and by these presents doth give, grant and confirm unto the said C D and E A one Annuity, yearly payment or rent-charge of lx l. of lawful money of England to be issuing, payable, chargeable and going out of all that the Manor of &c. To have, hold, enjoy, and yearly perceive, receive, and take the said Annuitie or yearely rent-charge of three score pound unto the said C D, and E A their heires and assignes, immediately from and after the decease of him the said A B for and during the natural life of the said E A to be paid at the Feasts of &c. or within ten dayes &c. by even portions, at or within, &c. The first payment thereof to beginne, and to be made at such of the same Feasts, as shall first or next happen to come, or be after the death of the said A B.
And the said A B doth covenant and grant for himself &c. to and with the said C D and E A &c. To distreine nomine poenae. That if it shall happen the said Annuity or yearly rent-charge [Page 76] of 60 l. to be behind and unpaid in part or in all, contrary to the form above limited for payment thereof as aforesaid, That then and so often it shall and may be lawfull to and for the said C D and E A their heirs and assignes into the said Manor with the appurtenances, and into every part and parcel thereof to enter, and distrein, as well for the said yearly rent so being behind, as for 40 s. (nomine poenae) for non-payment of the same rent at every of the said Feasts; and the distresse and distresses there so taken to lead, drive, bear, carry away and impound, and so in pound to detain and keep, untill they be answered of the said annuitie or yearly rent of 60 li. and every part and parcel thereof, and of the said fortie shillings (nomine poenae) with the arrerages of the same annuitie, and of every part thereof (if any be;) together with all such costs and charges as the said C D and E A their heirs or assignes shall in that behalf sustain and bear, be fully satisfied and paid.
And the said A B doth covenant &c. to and with the said C D &c. in manner and form following: Discharged of incumbrances. that is to say, That the said Manor and every part & parcel thereof, with the appurtenances, now is and so shall be, remain and continue clearly and fully acquitted, exonerated and discharged, or otherwise sufficiently saved and kept harmlesse of and from all and all manner of former bargains, sales, gifts, grants, jointures, dowers, leases, statute merchant, and of the staple, recognizances, judgments, executions, rents charge, rents seck, and of and from all other charges, titles, troubles, impediments whatsoever, the rents and service thereof onely excepted. And that he the said A B. at the time of the ensealing and delivery hereof, is lawfully and rightfully seised of the said Manor with the appurtenances, and [Page 77] of every part and parcel thereof in his Demesne as of Fee simple, without any condition, limitation, use, remainder or reversion therein, for the altering, changing or incumbring of the same. And that he the said A B hath full power, good right, true title, just and lawfull authoritie to charge the said Manor with the appurtenances, and every part thereof in manner and form aforesaid. And that they the said C D and E A their heirs and assignes shall be from time to time duly, justly, and truly paid the said yearly rent for and during the natural life of the said E A. at the dayes and times by and in these presents limited and appointed, according to the tenor and true meaning of these presents. And also there shall not be any let, disturbance, hinderance or disquietation had, made or done to or against the said C D and E A their &c. for and in the taking of any distresse at any time for the said yearly rent so being behind, or any part thereof. And further, the said A B hath put the said C D and E A in possession of the said yearly rent of 60 l. as aforesaid granted, by the delivery of six pence of &c. to them &c. at the ensealing and delivery of these presents.
In witnesse &c.
Assignment of an Annuity or Rent-Charge.
THis INDENTURE made &c. Witnesseth, That whereas A B by Indenture bearing date &c. for the considerations therein mentioned and expressed, hath granted and confirmed unto the said C D and A his Wife, one Annuitie or yearly Rent-charge [Page 78] of xx l. of lawful money of England, to bee issuing, payable, and going out of all that the Manor or Lordship of &c. and out of all and singular the Messuages, Lands and Tenements whatsoever thereunto belonging or appertaining, or being part, parcel or member thereof, situate, lying and being, &c. To have, hold, perceive and enjoy the said Annuity or yearly rent of xx l, unto the said C D and A his wife, their executors, administrators or assigns, from the Feast day of &c. last before the day of the date of the said Indenture, unto the full end and term of 34 years, from thenceforth next and immediately following fully to be complete and ended, the said yearly rent of xx l every year yearly to be payable at two Feasts and terms in the year; that is to say, at &c. at or within &c. with a clause of distresse to be taken within the said Manor of &c. for non-payment of the said Annuity or yearly rent of xx l. or any part thereof by the space of 14 dayes next after any of the said Feasts in which the same ought to be paid as aforesaid. As also one other clause of distresse, nomine poenae, of 30 s. for every default of payment, which shall happen or be within 24 dayes next after any or either of the said Feast dayes in which they ought to be paid, as in and by the same Indenture, amongst divers other covenants, grants, articles and agreements therein contained more plainly at large it doth and may appear.
Now the said C D, for and in consideration of the summe of 60 l. of good &c. to him in hand, at and before the ensealing and delivery of these presents by the said E F, well and truly contented and paid, whereof and wherewith, &c. and thereof, and of every part and parcel thereof, doth clearly acquit, exonerate and discharge the said E F, his executors and administrators by these presents. Hath given, [Page 79] granted, bargained, sold, assigned and set over, and by these presents doth fully, cleerly and absolutely give &c. unto the said E F, his executors and assignes, the said Indenture before mentioned, and the said Annuity or yearly rent of xx l. with the appurtenances, clauses of Distresse and nomine poenae thereby granted and confirmed; and all the estate, right, title, interest, power and authority, property, claim and demand whatsoever, which he the said C D and A his wife have, hath or had, or may, might, should or of right ought to have or claim, of, in or to the said Annuity or yearly rent of xx l. by the same Indenture reserved and granted, and confirmed as aforesaid, by force and vertue of the same Indenture, or any thing therein contained, or otherwise howsoever; together with all other deeds, evidences, writings & immuniments touching, or in any wise concerning the same Annuity or any parcel thereof. To have, hold, levy, and yearly perceive, receive, take and enjoy the said Annuity or yearely rent of xx l. unto the said E F, his executors, administrators or assignes from the day of the date hereof for and during all the rest and residue yet to come and unexpired of the said term of 34. years by the said recited Indenture granted, at such dayes, times and places, and in such like, and in as large, ample, beneficial manner and form to all intents and purposes, as he the said C D and A his wife, or either of them have or hath, or had, or may, might, should, or of right ought to have, or yearly receive take and enjoy the same.
And the said C D doth covenant, &c. to and with the said E F his, &c. and every of them, For quiet enjoying discharged of Incumbrances. in manner and &c. That he the said E F his, &c. and every of them shall [Page 80] or may from time to time, and at all and every time and times hereafter, for and during the rest and residue yet to come and unexpired of the said term of four and thirtie years by the said Indenture granted, peaceably and quietly have, hold, leavie, and yearly perceive, receive, take and enjoy to his and their own proper use and behoof the said Annuity, yearly rent or sum of twenty pound of good &c. and all distresses, arre [...]rages nomine poenae, and other benefit, profit or commoditie whatsoever which for or in respect, or by reason thereof shall come, grow, happen, accrue or be due, without any manner of let, trouble, interruption, gainsaying or disturbance of them the said C D and A his Wife or either of them, their or either of their executors, administrators or assigns, or by any other person or persons whatsoever by their or any of their assent, means, consent, title, interest, or procurement, or claiming in, by, from or under them or any of them, free, clear and clearly acquitted, exonerated and discharged, or otherwise sufficiently saved and kept harmlesse of and from all former bargains, sales, gifts, grants, leases, assignements, mortgages, statutes, recognizances, forfeitures, joyntures, dowers, judgments, extents, executions, and of and from all other charges, titles, troubles and incumbrances whatsoever had, made, committed, suffered or done, or hereafter to be had, made, committed, suffered or done of them the said C D and A his wife or either of them, their or either of their executors, &c. or by their or either of their assent, means, consent, title, interest, act, sufferance, or procurement.
And also that they the said C D and A his wife, their and either of their &c. and every of them, To avow distresses and actions. shall and will from time to time, and at all times hereafter, when and as often as need [Page 81] shall require, at the request, and at the costs and charges in the Law of the said E F, his executors or assignes, avow, justifie and maintaine all and every such lawful entries, distresses, actions, sutes, plaints, pleas, processes, judgments, extents and executions, as the said E F his executors or assignes shall make, take, attempt, commence, prosecute and bring in respect of the premises, upon or by reason of the said Indenture, or any thing therein contained, without being non-suit or otherwise releasing, discharging, delaying, discontinuing, barring or hindring the same or any of them, except it be by and with the special assent, consent and agreement of the said E F, his &c. in writing in that behalfe first had and obtained.
And the said C D hath by these presents made, ordained, constituted and appoined the said E F his true and lawful Atturney irrevocable, to ask, levy, Letter of Atturney. recover and receive to the only use of the said E F, his executors, administrators and assignes, without any account-making to the said C D his &c. the said Annuity or yearly rent, or sum of xx l. of &c. every year yearely from time to time, as it shall grow due during the said term mentioned in the said Indenture, and for default of payment of either or any of the said several summes at the dayes and place aforesaid in which they ought to be paid, to distrain, and the distresses so taken, to lead, drive and carry away, and so to detain until he or they the said E F, his &c. shall be fully satisfied of the said rent charge or summe of money so due as aforesaid, giving and granting by these presents to his said Atturney, his full power and lawful Authority in the premisses, and in all causes incident or appertaining to the same, [Page 82] as well Acquittances, as other discharges to make, seal, and deliver upon the receipt of any or every of the said several summes, as they shall grow due yearely as aforesaid, which shall be a sufficient and lawful discharge to the said A B, his executors and assignes, against him the said C D and A his wife, their and every of their executors, administrators and assigns: and to do all and every other act and acts, thing and things in or about the same, and to finish, accomplish, determine and end, as fully and wholly to all intents and purposes, as he the said C D might do if he were personally present, and as if these presents had never been made, &c.
A Covenant of further assurance.
ANd th [...] said A B doth covenant &c. to and with the said C D &c. That he the said A B his &c. shall and will from time to time, To save the Assignor harmlesse of the covenants in the Original lease, and to perform the same covenants. and at all times hereafter, well and sufficiently save and keep harmlesse the said C D his executors and administrators, and every of them, of, for and concerning all and singular the covenants, grants, articles, exceptions and agreements, comprized, and specified in the said recited Indenture of Lease made by the said E F to the said C D as aforesaid, which on the part and behalf of the said C D, his executors, administrators and assignes, [Page 83] or any of them, for and in respect of the premisses, are or ought to be observed, performed, fulfilled, and kept, during all the said term of fourteen yeers, and by and during all the same term of fourteen years, shall well and truly observe, perform, fulfil and keep all and singular the same Covenants, Grants, Articles, Promises and Agreements in all things, according to the tenor and true meaning of the said former recited Indenture, The several yearely rents as well in money as in sheep in and by the same Indenture reserved, and one covenant in the same Indenture contained touching the letting and alienating of the premisses onely except.
And the said A B doth covenant &c. to and with &c. in manner and form following; that is to say, Not to plough meadow ground That he the said A B, his Executors, administrators nor assigns, nor any of them shal break up, plough, are, or put to tillage any of the meadowes or grounds reserved for meadow or pasture within four years next before the determination of this present lease, unlesse it be by and with the assent, consent and agreement of the said C D his executors, administrators or assigns first had and obtained in writing under his or their hand and Seal.
A Covenant to pay mony yearely during a mans life.
THis INDENTƲRE made, &c. Witnesseth, that whereas the said A B for the consideration hereafter in these presents expressed, hath at the enfealing and delivery of these presents, absolutely paid and delivered to the said C D, the summe of one hundred l. of, &c. by him the said C D, to be reteined, imployed and enjoyed, to and for his own only use for ever, without any manner of Account, or other reckoning thereof, or therefore to be made or given by the said C D, his executors, administrators or assignes, unto the said A B his, &c. for the same or any part thereof. It is now covenanted, granted, concluded and fully agreed, by and between the said parties to these presents, & the said C D for & in consideration of the said summe of one hundred l. to him paid and delivered as aforesaid, doth covenant and grant for himself, his, &c. and for every of them to and with the said A B his, &c. by these presents, that he the said C D, his &c. shall and will from henceforth, for and during the natural life of the said A B well and truly content and pay, or cause to be contented or paid unto the said A B or his assignes the yearely summe of, &c. on the feast day of, &c. or on the tenth day next ensuing either of the same Feast daies, by even and equal portions, at or within &c. without fraud or covin.
In Witnesse, &c.
And the said C D doth covenant, &c. to and with [Page 85] the said A B &c. in manner and form following, That there shall be sufficient goods alwaies to be found upon the lands to be distreyned for answering the annuity. &c. that there shall be from time to time, and at all times hereafter remaining and being in and about the said messuages, lands and tenements and other the premises before mentioned and expressed, sufficient goods, Chattels, implements of houshold stuffe and other things there ready to be found, had, taken for the answering, satisfying, paying and discharging of the said annuity or yearly rent of fifty l. and every parcel thereof, and all arrerages of the same, when and so often as the same annuity, or yearely rent of fifty l. or any parcel thereof, or any the arrerages of the same shall happen to be behind and unpaid, contrary to the meaning of these presents. And that he the said A B his heires, executors and administrators shall & will at all times hereafter, To discharge the Grantor against all persons in respect of his executorship. from time to time for ever clearely acquit, exonerate and discharge, or otherwise sufficiently save and keep harmelesse the said C D his executors, administrators and assignes and every of them, against all and every person and persons whatsoever, of, for, touching and concerning the executorship of the last Will and Testament of E B deceased, and of and from the accounts, suits, costs, charges, losses, damages and demands whatsoever which shall or may at any time or times hereafter come, growe, or be to or against the said C D his executors, administrators or assignes, for, by reason or in respect of the same executorship.
In Witnesse, &c. By Counsell.
A Forfeiture, if the lessee be outlawed or attainted of Felony or Treason, or for breach of any Covenant.
Provided neverthelesse, that if the said C D his executors, or assignes, or any of them shall break, and shall not perform any the covenants, grants and agreements, in these present Indentures contained, which on his and their, and any of their parts are to be observed and kept, or shall at any time hereafter be attainted by out-lawry, verdict, or confession of any Treason, Felony or murder, or any other offence, whereby he or they, or any of them shall deserve losse or forfeiture of life, lands or goods; that then this present Lease to end and be determined, and that then and all times after it shal be lawful to and for the said A B, his executors, administrators, and assignes into all and singular the premises to re-enter, and the same to have again, any thing herein &c.
And in the end of the said term shall yeild and pay to the said A B or his heirs or assigns, To pay an heriot at the death of the lessee, and to do sute to Court. as abovesaid his best beast, for and in the name of an heriot, and also shal yeild and pay the like heriot at the death or change of every Tenant of the premises above demised, according to the custome of the Manor of W. aforesaid; and also that he the said C D, and the Assignee and the Assignes of him, being Tenant or Tenants of the premisses, shall and will at all times hereafter during the term abovesaid, do his sute of Court to the Court-Baron of the said B his heirs or assignes, in W aforesaid, as often as there shall be any Court there holden or kept, upon lawful warning thereof first given.
And that he the said C D his executors and assignes being Tenants or Tenant in possession of the premisses by vertue of these presents, For sute to Court. shall and will upon reasonable warning, do his or their sute and service to the Law-dayes and Courts of the said A B, and his heirs, of and for his Manor of W aforesaid, and there stand to, and abide such reasonable orders and compositions as by the Steward and Homage there shall from time to time be taken for the good order and government of the Inhabitants there living, in such manner and sort as heretofore such like Tenants have bin used and accustomed there to do.
An assignment of rent reserved by a Lease, granted in consideration of service.
Whereas I the said A B by my Indenture of Lease, bearing date, &c. did for the term of lx years, commencing from the Feast of &c. and for the yearly rent in money of v. l. of &c. demise, grant, and to farm let unto &c. all that his Manor of V. and Parsonage of S &c. as by the same Indenture more &c. Now know ye, that I the said A B, in consideration of the good and faithful service to me heretofore done by C D, and for divers other good and reasonable considerations me in this behalf especially moving, have given, granted and confirmed, and by [Page 88] these presents, do &c. unto the said C D the said yearly Rent of five li. in money reserved in and by the said Indenture, together with all my right, estate, interest, reversion, benefit, profit and demand whatsoever which I &c. now have of, in or to the said Rent of &c. before recited, and every part and parcel thereof. To have, hold, perceive, receive, take and enjoy the said yearly rent of five li, unto the said C D. for and during so many years as be yet to come and unexpired of the said term of sixtie years in and by the said Indenture mentioned and reserved, if he the said C D shall so long live. And further, I the said A B do by these presents make, ordain and constitute, and in my stead and place put and authorize the said C D his &c. to ask, leavie, recover and receive of the tenant or tenants, occupier or occupiers of the premises before recited, the said yearly rent of 5 l. reserved in money in and by the said Indenture as aforesaid, to the onely use and behoof of the same C D, his executors and assignes, without any account or other reckoning therefore to be made to me the said A B. my heirs or assignes. And further, I the said A B do covenant and promise by these presents for me &c. that I have not released, nor that I the said A B. mine &c. at any time hereafter shall release or do any act whereby the said yearly Rent of &c. is or shall be released or discharged, or the said C D touching the recovery or receiving thereof barred or hindered.
In witnesse &c.
A clause to avoid the Survivorship of a mans Wife.
NOw I the said W W fully minding the advancement and preferment of A W my son, so far forth as the said Lease to me and my said Wife in form aforesaid granted, amounteth unto. And for that by the order and course of the Common Lawes of this Realme, the said E my Wife (in case she survive mee) is to have to her owne use the whole Lease and term for yeares to us of and in the premises as aforesaid granted, which at the time of such my decease, of and in the same premises shall be to come and not expired, if in my life time I doe not foresee and prevent the same. And further, considering with my self this present life, how fickle and uncertain the same is to all living creatures; And also considering with my selfe, that in case I should fortune to decease before the end of the said term of years to mee and my said Wife granted as aforesaid, and my said Wife fortune mee to survive, That then she my said Wife having the whole Lease and interest by way of Survivor, might by way of marriage or otherwise, as manifest examples are daily before our eyes, contrary to my meaning and intent, utterly defeat my said son A W for having any benefit of and in the same Lease and premises, and dispose the same at her own free will and pleasure. For avoyding of all which inconveniences, and for [Page 90] performing of my said intent and meaning, I the said W W, not meaning at any time hereafter by vertue of the said Lease, to claime any thing of, and in the same premisses, have given, granted, &c. and by these presents do, &c. the said Indenture of Lease made as aforesaid, between &c. And also all the whole right, estate, title, interest, use, possession, term for years to come and demand that I the said W W have, or ought to have, of, in, or to the said Viccary and other the premisses to me the same W. and E my wife, by and in the said Indenture granted as aforesaid, or of, in or to any part or parcel thereof, by force and vertue of the same Indenture, or any thing therein contained. To have and to hold the said Viccary, and other the demised premisses with the appurtenances, together with the same Indenture of Lease, Estate, Interest, term for years to come, or demand aforesaid, and every of them, unto the said A W my son, his executors and assignes, to his and their owne use and behoof, in as large ample and beneficial manner and forme in all respects, and to all intents and purposes, as I the said W W and E my wife, or either of us, have, or hath, or ought to have and enjoy, if these presents had never been had nor made.
In witnesse, &c.
An Assurance devised in a very rare forme. Penned by Mr. Atkinson Counsellor.
THis INDENTURE made &c. betweene &c. Witnesseth, That it is covenanted, granted, condescended and agreed between the said parties for them and their heirs in manner and form following; that is to say, That the said E B shall within one year next ensuing the date within written, levy and acknowledge a Fine in due order of Law, Annuity entailed to divers. before the Queens Majesties Justices of the Common Pleas at VVestminster in the County of Middlesex, unto the said I H and C S, and to the heirs of the said I H, of and in thirteen Messuages with the appurtenances, set and being &c. as by the said I and S, or the heirs of the said I shall be demised. And it is further covenanted and agreed between the said parties to these presents, That the said Fine, and all other Fines, to be levied within the space of one year next after the date hereof, by the said E B or his heirs, of the premisses or any parcel thereof, by what name or names soever, either of the premisses, or of the said parties, or of any of them the Fine or Fines so to be levied, or had immediately from the levying thereof shall be; and that the said I H and C S, and the heirs of the same I shall stand and be seized of the said premisses with the appurtenances to the several uses hereafter expressed, and to none o [...]her use or uses; that is to [Page 92] say, to the use of the said E B for and during the term of seven years to be accompted from the feast of &c. if the said E B and M his Mother shall so long live; and after the expiration of the said seven years, or death of the said B and M or either of them. Then to the use of the said E and his heirs, so long as the said E and his heirs and Assignes shal well or truly pay, or cause to be paid unto P P of London scrievner, or his Assignes, at, or within &c. one annuity or yearly rent, pension, or sum of twenty pounds of lawful mony of England, at four usual feasts in the year, viz. at the feast of &c. or on the eight and twentieth day next after every of the same feasts by even portions, for and during the term of twenty and one years then next after, if the said P P shall so long live: And in default of payment of the said annuity &c. or any part thereof in manner aforesaid, Then to the use of R P, third son of the said P P, and of his heirs for ever. And if the said annuitie of &c. be truly paid in manner and forme aforesaid to the said P P or his assignes, during the said one & twenty years, if the said P P do so long live, Then after the end & expiration of the said twenty one years or death of the said P, to the use of the said E B and his heires so long as the said E, his heires or Assigns shall truly pay or cause to be paid unto the said R P or his Assignes, at or within &c. and at the foure feasts aforesaid, or on the twenty eighth day next ensuing every of the same feasts one annuity &c. by even portions for and during the life natural of the said R. And for, and in default of such payment of the said last mentioned annuity &c, to be truly paid to the said R P, or his assignes during his natural life in manner aforesaid, that after the decease of the same R, to the use of the said E B, or his heires for and during so long time as the said E B, or [Page 93] his heirs shall truly pay, or cause to be paid unto E P, second Sonne of the said E P, or to his Assignes at or in the place aforesaid, and at the foure feasts aforesaid, or on &c. one annuity, yearly rent, pension or summe of twenty pounds of &c. by even portions, for and during the natural life of the said E P, surviving the said R P; and for and in default of payment of the said last mentioned annuity, yearly rent, portion or sum of twenty pounds in manner aforesaid, then to the use of the said E P, and of his heirs for ever. And if the said last mentioned annuity, yearly rent, portion or sum of twenty pounds be truly paid to the said E P, during his life as aforesaid, then to the use and behoof of the said E B or his heirs shall truely pay, or cause to bee paid unto the said I P Sonne and heire of the said P P, surviving the said R and E, for and during the naturall life of the said E, at or in the place of payment aforesaid and at the four feasts aforesaid, or on the three and twentieth day next &c. one annuitie, yearly rent, pension, or sum of twenty pound of &c. by even portions. And for and in default of payment of the said last Annuity &c. Then to the use of the said I P, and of his heirs for ever. And if the said last mentioned annuity be truly paid ut antea, Then after the death of the said I P to the use of the said E B and his heirs for ever. And it is further covenanted, concluded and agreed betweene the said parties to these presents for themselves and their heires, That if the said R C, and I P fortune to decease and depart this life before the end and expiration of the said seven years; and if then the said E B his heirs and Assignes do not pay, or cause to be paid unto the said P P, his executors or Assigns, at, or in the place of payment aforesaid the summ of one hundred pounds of &c. on the Feast day of the [Page 94] Nativity of Saint John Baptist, which shall be in Anno Domini 1585. That then the said Fine so to bee levied and acknowledged, and all other Fines hereafter, within the said one year, by the said A B or his heirs of the said premisses, or any part thereof to be levied, shall be to the onely use and behoof of the heir or heirs apparent of the said P P and to their heirs for ever, and to none other use, uses or intents, any thing in these presents contained to the contrary thereof in any wise notwithstanding.
In witness, &c.
A Lease of a Mill.
THis INDENTƲRE made &c. between Sir T C Knight, and Lord B. and Lady D. his wife &c. of the one party, and T A &c. of the other party. VVitnesseth, That he said T, and Lady D, his wife, as well for the consideration in a certain Covenant hereafter in these presents mentioned on the part and behalf of the said T A his executors and assignes, to be performed touching the repairing, amending, and new building of the Mill aforesaid, to the effect in the same Covenant at large expressed: As also for and in consideration of the yearely rent hereafter in and by these presents reserved, and for divers other reasonable considerations them moving; Have demised, granted and to farm letten, and by these presents do demise, grant, and to farm let unto the said T A. all that the said Greest-mill or [Page 95] Water-mill with the appurtenances commonly called or known by the name or names of Downkarie Mill, situate, lying and being in &c. sometimes in the tenure or ocupation of one E C, and now, or late in the tenure or occupation of N C, or of his assignes, and the ground and Soile whereupon the said Mill now standeth, containing by estimation, one fourth part of an Acre, be it more or less. And also all the site of Mill, as well customary as conventionary of all the Tenants of the Manor of Downkary in the said County, and all the Tol and Custom for grinding of all the Corn & Grain whatsoever, as wel of all the Tenants and under-tenants of the said Manor, now being, or which hereafter at any time shall be during the term by these presents demised, as of all the inhabitants now dwelling and abiding, or which hereafter shal dwel or abide within the said Manor of Downkarie in the foresaid County of S. And also all and singular hedweres, and the soile whereon the said hedweres do stand and are builded, and all hedweres hereafter to be builded and the soil thereof, Mill-dams, Banks, Ponds, streams, water, water-courses, rivers, fishings, fishing-places, wayes, pathes, passages, easements, profits, commodities, advantages, emoluments and appurtenances whatsoever to the said Mill, and other the premisses by these presents demised and granted, or to any of them, or to any part or parcel thereof incident, belonging or appertaining, or with the same now, or at any time heretofore let, used, occupied, had, taken, reputed or enjoyed. To have and to hold the said Mill, and the ground and soil thereof, with the appurtenances, and the said site of Mill of all the Tenants of the said Manor, and the said Toll and Custom of grinding of all the corn and grain of the said Tenants and Inhabitants aforesaid; and the said Mill-dams, [Page 96] banks, rivers, streams, waies, passages, fishings, and all and singular other the premisses herein before mentioned or intended to be hereby demised and granted, and every part and parcell thereof with the appurtenances, unto the said T A his executors, administrators and assignes immediately from and after the expiration, surrender, forfeiture, or other determination of the said lease and estate before recited, made to the said N C as aforesaid, unto the full end and term, and for and during the whole term of thirtie and one years from thence next ensuing and fully to be complete and ended. Yielding and paying therfore from the commencement and beginning of the said term yearly during the said term, the yearly rent or summ of ten shillings of lawfull money &c. at two Feasts or terms in the year: That is to say, at the Feast of the &c. by equall portions; the first payment thereof to begin at that Feast of the Feasts aforesaid which first and next shall happen after the beginning of this present Lease (with a clause of re-entry.)
And the said T A for himself &c. doth covenant, promise and grant, to and with the said L B and L D their and either of their heirs and assignes by these presents in manner and form following; That is to say, That he the said T A &c. shall and will from time to time during the said term of thirtie one years hereby granted, do and make his & their suit and service for & in respect of the premises, to the Court and Courts of the said L B and L D and their heirs, to be kept and holden within the said Manor of Downkary, upon such reasonable warning as there is given or used; or else in default and neglect thereof, shall and will yearly during the said term pay or cause to be paid to the said L B and L D and their heirs the sum of six pence &c. if it be demanded.
And the said A T &c. doth covenant and grant &c that within the space of three years next after that the said Mil, and other the premises, and every part and parcel therof with the appurtenances shall either by vertue of this present grant, or other composition or assignment, to be had or made with the said N C for & concerning the said interest & estate therin, attain & happen to the actual and quiet possession, use, or occupation of the same; he the said T A his &c. or some of them, shal and wil, at his or their proper costs and charges, build and erect two new Griest Mills under one Roof, where the said Mill is now situate, in sufficient and competent manner in that behalfe requireable according to the true intent and meaning hereof. And also, that further, hee the said T A his &c. or some of them, shall and will at his and their proper costs and charges, well and sufficiently repaire, amend, maintaine and uphold the said Mills, so to be newly erected as aforesaid, and all other the premises in, with, and by all needfull and necessary reparations, when, and as often as need shall require, during the said Term; and the same Mills, and other the premises so being wel and sufficiently repaired, upholden and amended, in the end, or other determination of this present Lease, shall and wil leave and yield up unto the said L B, and L D their heires and Assignes.
And the said T. L B. doth covenant &c. That it shall and may be lawful to, and for the said T A. his &c. to pull downe the said Mill, now standing in, and upon the said premises, at any time within the space of the said three years before mentioned and appointed for the now erecting of the said new Mills, in or upon the premises.
And further the said T. L B, doth covenant &c. that in case any the Tenants or inhabitants of the [Page 98] said Manor of Downkarie, shall or do at any time during the said term hereby granted, withdraw, or surcease to do suite of mill to the said Mill, or to bring and carry, or cause to be brought their cron and grain whatsoever to the said Mill by these presents demised, there to have the same ground; or shall carry the same to any other place or places, or to any Mill or Mills to be grinded, then the Steward or Stewards of the said Manor of Downkarie, for the time being shall and will upon all and every presentment and presentments thereof made, set and impose upon every such Tenant and Tenants, and Inhabitants so with-drawing or not doing his or their sute or sutes of Mill to the said Mil or to the said Mils so to be erected as aforesaid, such lawful and reasonable amercements from time to time as in such cases is lawful and usual.
Recital of an original lease.
THis INDENTƲRE made, &c. Witnesseth, That whereas A B &c. by his Indenture of Lease bearing date the eighth day of &c. hath demised, granted, betaken, and to farme letten, unto one C D of &c. for the term of sixteen years, commencing from the Feast of &c. then next ensuing the date of the same Indenture, and for the yearly rent of four pound quarterly to be paid, all that corner Messuage or tenement, &c. (use the words of the Indenture) as by the same Indenture with divers other covenants, grants and agreements therein contained more at large appeareth.
And whereas also the said C D by his Indenture of Assignment bearing date the nineteenth of &c. hath bargained, sold, aliened, granted, Of an assignment. assigned, and set over unto one E F &c. as well the said Indenture of Lease, the said Corner Messuage or Tenement, or other the premisses with their appurtenances thereunto belonging, or in any wise appertaining, as also all the estate, tight, title interest, demand, use, possession and term of years then to come, which he the said C D had, should or ought to have had, of, in, or to the said corner messuage or tenement, or other the premisses with their appurtenances thereunto belonging or appertaining, by vertue, force or meanes of the said Indenture of Lease and Demise, together with the same Indenture of Lease, then being in full force, safe and uncancelled, as by the same Indenture of Assignment with divers covenants, grants, articles and agreements therein contained, more at large also doth and may appear. The interest, estate and terme of yeares of which said E F of, in and to the premisses, the said G H now hath by force of one Indenture of Assignment to him made by the said E F bearing date the fourth day of &c. as by the said Indenture of Assignment more plainly also appeareth. Another. Now the said G H for the consideration hereafter in these presents expressed and specified, hath bargained, sold, assigned, and set over, and by these presents &c. unto the said I K as well the said Indenture of Lease, and the said several Indentures of Assignment and every of them, as also all the estate, right, title interest, terms of years and demand whatsoever, which he the said G H hath, or may, or ought to have or claim, of, in or to the said Messuage or Tenement, and other [Page 100] the premises, and of, in and to every or any part or parcel thereof by force of the said Indenture of Lease and Indentures of Assignement, or any of them, or any thing in them or any of them contained: To have and to hold the said Indentures and every of them, and all the said estate, right, title, interest, term of yeares, and demand of him the said G H, of, in and to the said Tenement and other the premisses with the appurtenances, unto the said I K. his executors, administrators and assignes, to the onely use and behoof of the same I K. his executors, administrators and assignes, in as large, ample, and beneficiall manner and form as hee the said G H hath, or may or ought to have and enjoy the same by force of the said Indenture of Lease, and Indentures of Assignment, or any of them, or any thing in them or any of them contained.
And the said G H covenanteth and granteth &c. to and with the said I K. his executors &c. in manner and form following, Discharged of incumbrances. that is to say, That he the said G H his executors, administrators or assignes, shall or will at all times hereafter, and from time to time clearly acquit, discharge, save or keep harmlesse the said Messuage or Tenement, and all other the premisses with the appurtenances and every part and parcell thereof, of and from all former bargains, sales, gifts, grants, titles, charges, troubles and incumbrances whatsoever, had, made, committed or done by the said G H, or by any other person or persons by his means, consent or procurement. The rents, covenants and agreements in and by the said Indenture reserved, and Indentures of assignment, or any of them contained, and from henceforth to grow due to be paid or performed, onely except and foreprized.
And further, that he the said G H his Executors and administrators, shall, and will at all times hereafter, and from time to time permit and suffer the said I K his executors, administrators, and assignes, to take, To sue the Assignor for the non-performance of the Covenants. attempt, sue, commence, and prosecute in the name, or names of the said G H, his executors, or administrators, all such lawful actions, suits, plaints, pleas, process, Judgements and executions as the said I K his executors, administrators, or assignes shall think meet to be attempted, taken, pursued commenced prosecuted or had against the said E F his, &c. for upon, or by reason of the breach or non-performance of all and every or any of the covenants, grants, and articles conteined in the said Indenture of assignment made from the said E F to the said G H. Or upon or by reason of one obligation, or deed obligatory bearing date with the said recited Indenture of assignement wherein the said E F is, and standeth bounden unto the said G H in the summe of, &c. of, The bond for the same. &c. for the sure performance of all and every the covenants, promises and agreements in the said Indenture conteined and which on the part and behalf of the said E F his, &c. are or ought to be performed.
And that neither he the said G H hath released nor that he the said G H his, &c. shall at any time hereafter remise, Not to release the Assignor of his covenant or bond to performe the same. release, or discharge the said covenants, grants, articles and agreements, and the obligation aforesaid, and the sum of mony therein contained or any of them, or any part or parcell of them, or any of [Page 102] them, nor shall wittingly or willingly doe, or procure to be done any act or thing whatsoever whereby or by reason whereof the said actions, suits, plaints, pleas, processes and the judgments and executions of the same, or any of them, shall or may be hindered, barred, released, or discharged, except it be by or with the special assent, consent, and agreement of the said I K his Executors, Administrators or Assignes. And that he the same I K his Executors and Administrators shall and may have, take, receive, hold, convert and imploy to his and their own proper use and behoof for ever, all such summe and summes of mony, costs, damages and other benefit whatsoever as shall be recovered, obtained, or gotten in, upon, or by reason of the said actions, suites, plaints, judgmnts, executions or any of them without the let, trouble, interruption, contradiction or denial of the said G H and his &c.
And the said I K doth covenant &c. to and with &c. That he the said I K, his Executors or Administrators, To save the Assignor harmlesse for actions brought by the Assignee, against the lessor. shal at all times hereafter, and from time to time save and keep harmlesse the said G H his Executors, administrators, and every of them, as well of, from, and concerning all costs, charges, damages, and demands which shal arise, or grow to or against the said I H his Executors or administrators for or by reason of the said actions, suits, plaints, judgments, and executions or any of them, as also of, from, and concerning all and every the covenants, grants, articles and agreement which on the part and behalf of the said G H, his Executours, or assignes, or any of them from henceforth shall grow due to be paid, performed, kept comprised and specified in the said Indenture of assignment [Page 103] made by the said E F to the said G H as aforesaid.
For, and in consideration of which said grant, bargaine, sale, and assignment, the said I K hath paid, Several dayes of payment. and by these presents doth covenant and grant for himself, his executors, administrators and assignes, to and with the said G H his executors and administrators, and every of them, to pay, or cause to be contented or paid to the said G H, his executors, administrators, or assignes, the full summe of a hundred pounds of &c. in manner and form following, that is to say, at the ensealing and delivery of these presents forty pounds, of which said Sum of forty pounds, he the said G H acknowledgeth himself fully satisfied and paid, and of the same summe of forty pounds, and of every part and parcel thereof, he clearly acquitteth and dischargeth the said I K, his executors, administrators and assignes, and every of them for ever by these presents. And on the twentie fifth of &c. next coming after the date hereof, at, or within &c. twenty pound, and on the &c. then next ensuing at the place aforesaid five pounds, and on the &c. then next following at the place aforesaid five pounds &c. in ful satisfaction and payment of the said sum of a hundred pounds.
Provided alwayes, that if the said I K his executors, administrators or assignes, do not wel and truly content and pay, or cause to be contented and paid to the said G H, his executors, administrators, or assigns the said sum of an hundred pounds of &c at the dayes, times, and place aforesaid, and in such manner and forme as before in these presents is limited and expressed, but shall make default in payment thereof or of any parcel thereof contrary to the forme aforesaid, that then, and from thenceforth this present [Page 104] Indenture of bargaine and sale, or assignment, and all and every covenant, grant, article and agreement herein contained, on the part and behalfe of the said G H, had, made, and to be performed, shall be utterly void, frustrate and of none effect, to all intents and purposes, any thing before mentioned in these presents to the contrary thereof in any wise notwithstanding.
In witnesse whereof, &c.
A lease with two rents reserved.
THis INDENTURE made &c. Witnesseth, That the said A B for certain considerations him in this behalf especially moving, hath demised, betaken, granted, and to farm letten, and by these presents &c. unto the said C D, all that messuage, farm or tenement, commonly called or knowne by the name of L. Farme with the appurtenances, and all the lands, tenements, meadowes, feedings, pastures, commons and other commodities whatso [...]ver to the said Messuage or Farme belonging or appertaining, late in the tenure or occupation of &c. or of his assignes, situate, lying and being in the parish of &c. in the County of &c. Except, and alwayes reserved out of this present Demise unto the said A B his heirs and assignes all and all manner of woods and underwoods, together with the herbage of the same, and the hedg-rowes, and all and every the trees, growing, being or renewing in and upon the premisses, or any part thereof, To have and to hold [Page 105] the said Messuage or Tenement, and all other the demised premises with the appurtenances (except before excepted) unto the said C D his executors, administrators and assigns, from the Feast of &c. unto the end and term of &c. Yeilding and paying therefore yearly unto the said A B his heirs or assignes during the first two yeares of the said terme of one and twenty yeares five pounds of, &c. at the Feasts of, &c. by even portions, and after the two first yeares ended, then yeilding and paying therefore yearely unto the said A B, his heires or assignes for and during the residue of the said terme of one and twenty yeares, ten pounds of, &c. at the said Feasts of, &c. (Clause of Distresse, &c.)
Provided alwaies, that if at any time hereafter during the said term, it shall seem good and convenient unto the said A B, That the Lessee shall yeild up his Lease at the request of the Lessor. his heires or assignes, to resume, have and take againe the said messuage, and all other the premises or any part or parcel thereof into his and their own hands, occupation and possession, and so shall from time to time during all the said term keep, occupie and hold all the same in his or their own hands and possession, and thereof shall give notice and knowledge at the said messuage unto the said C D his executors or assignes, or to any his or their servants, or other person or persons occupying the same. That then immediately from and after the end of one whole yeare next after such notice or warning given, this present demise, lease and grant, shall be utterly void, frustrate and of none effect. And also that then and from thenceforth the estate, title, term and interest of the said C D and his assignes, of, in and to the premises and every part thereof, shall cease, be [Page 106] void and clearly determined, any sentence, thing, clause or article in these presents conteined to the contrary in any wise notwithstanding.
Provided also that if the said C D his executors, administrators or assignes, shall commit, For making wast. do or suffer, or cause to be committed, done or suffered, any wast or spoile in or upon the premisses, or any part thereof, or fell or cut down, or cause to be felled and cut down any great Trees or timber Wood upon the same at any time during the said terme, that then and from thenceforth presently this lease shall be utterly void, and the estate of the said C D and his assignes shall clearly cease and be determined.
And the said A B doth covenant &c. to and with the said C D, &c. That he the said C D his, To allow fire-boot. &c. shall have during the term of yeares by these presents granted, all the fuel of the dead hedges to his and their own use without appointment, and dead hollow trees by the appointment and assignment of the said A B his heirs or assigns towards his fire-boot in and upon the premisses.
And the said C D doth covenant &c. to and with &c. That neither he the said C D, Not to alien or suffer any recovery without the consent of the Lessor. nor his executors or administrators, shall let, alien, assign or set over the premisses by these presents demised, or any part or parcel thereof to any person or persons, neither for the whole space or term aforesaid; neither for any part or parcel of the same years, neither shall do, suffer, or cause to be suffered or done by any fraud or covin whatsoever any conveyance, assurance, recovery, execution, act [Page 107] or acts, thing or things whereby the said demised premises or any part thereof shall, may or ought to come to the hands, use, possession or occupation of anie other person or persons during anie part or parcell of the said term of years, then of the said A B his heirs or administrators, without the special licence consent and agreement of the said A B in writing under his or their hands or seals first had, obtained and gotten.
And the said A B doth covenant, promise and agree for himself &c. to and with the said C D, The Lessor to allow the Lessee for yeilding up, his lease not expired. his &c. That if it shall happen the said A B his heirs or assignes at anie time during the possession and interest of the said C D or his assignes, by force of this present Lease, to resume, have and take againe the premises into his and their own hands and possession, according to the true intent of these presents; Then the said A B his heirs or assignes within three months after such entrie made into the premisses, and reasonable request to be made by the said C D or his assignes, shall pay or cause to be paid at the said Messuage or Tenement, unto the said C or his assignes, so much lawfull English money at one whole and entire payment, as the yeares which shall be then to come and unexpired of the said term of One and twentie yeares shall amount unto, rating and allowing for every year that shall be so to come and unexpired, six shillings eight pence of &c.
In witnesse whereof &c.
A Lease of a Tenement with good Covenants.
THis INDENTURE made &c. Witnesseth, that the said A B, for divers considerations him thereunto moving, Hath set and to farm letten unto the said C D all his Tenement or Cottage &c. To have and to hold the above recited and letten premises, with all and singular the appurtenances, to the said C D his executors and assignes, from the Feast of &c. next ensuing, for and during the full end and term of Ten years from thence next ensuing fully to be complete and ended. Yeilding and paying therefore yearly, during the said term, unto the said A B his heires and assigns the summe of &c.
And the said C D for himselfe, his heirs &c. doth covenant &c. to and with the said A B &c. That he the said C D his executors, To discharge the land and lessor of quitrents. administrators and assignes and every of them, at his and their owne proper costs and charges, shall yearly pay, bear and discharge, and alwaies during the said term save harmlesse the said A B his heirs, executors and assignes and every of them, and all and every part and parcell of the letten premises, of and from all and all manner of chief and quit-rents, of old time due and going out of the premises, and every or anie part thereof during the said term of Ten yeares.
And also that he the said C D, his heirs, executors or assigns nor any of them shal demise, let, set, give, grant, The lessee not to let his land but to the lessor, his Executors, &c. alien or otherwise put away or depart with the premises before by these presents letten, or any part or parcel thereof, to any person or persons whomsoever, without the assent and consent of the said A B his heirs, executors, or assignes; except to his said Wife, childe, or children of the said A B, or to his or their executors or administrators, or to the tenants of the said A B dwelling in S. aforesaid.
And further, that he the said C D, his executors and assignes, according to the reservations, That the lessee shal keep the possession of it. covenants and agreements in these present Indentures expressed, shall and will from time to time during the said term, continue the possession of the premises as true tenant and farmour of the same premisses to the said A B his heirs and assignes, without any voluntary attournment or leaving the possession of the premisses to any other person or persons pretending or claiming any right, title or interest in the premisses, or any part thereof, other then by, from or under the said A B his heires or assignes; and other then by any lawfull eviction or recovery of the possession of the premisses by ordinarie course of Law, against the said C D or his assignes; to which said suit the same A B shall be made privie from time to time by the said C D, his heirs, executors or assigns, according to the true intent and meaning of these presents.
And hee the said A B, for him, his heires, [Page 110] executors and administrators doth covenant, Quiet enjoying the possession. promise and grant &c. That he the said C D his &c. shall or may lawfully from time to time during the said term, continue the possession and take the profits of the letten premises, under the aforesaid reservations, articles and agreements discharged, or upon reasonable request to the said A B, his heirs and assigns by the said C D his &c. saved harmlesse of and from all and all manner of incumbrances had and done by the said A B, or any other person or persons lawfully claiming any right or title in or to the premises before by these presents letten, by, from or under the said A B. his heirs or assigns.
And also that he the said A B. his heirs and assigns shall and will from time to time, The lessor to defend the lessee from actions brought against him for the land demised. so often as any suit in law shall be lawfully commenced against the said C D, his heirs &c. for or concerning the possession or occupation of the premises or any part thereof before mentioned to be letten; the said C D his &c. in convenient time giving notice of such suit, actions or plaint commenced by or against the said C D his &c. at the proper costs and charges in the law of the said A B his &c. maintain and defend the said C D his &c. and satisfie and content all and all manner of judgments, condemnations and executions which may grow or be given against the said A B, his &c. by reason of any the aforesaid suits.
And the said C D doth covenant &c. to and with &c. That he the said C D his executors, That the lessee shall not suffer any judgment by default. administrators or assignes nor any of them, shall not wilfully nor willingly, nor by [Page 111] his or their assent, nor by his or their commandment, in any suit or suits to be had or commenced against the said C D his executors or assigns, for the possession or taking of the profits of the premises before letten, or any of them, suffer any judgment by default or verdict to be taken against him or them, or by any other waies or means suffer any discontinuance, or Retraxit, or any other thing or matter to prejudice the said A B his executors or assignes, or his or their title to or in the premises, without the assent or consent of the said A B his executors or assignes first had and given to the said C D his executors or assignes, or their lawfull Atturneys or Solicitors in the Law, in writing, under the hand of the said A B, his &c.
And that the said C D his executors and assignes shall by themselves or their servants upon every distresse taken upon anie part of the letten premises, The lessee to give the lessor notice of all distresses & process served. or anie processe served in the Countie, within convenient time after anie such distresse taken or process served, give notice thereof to the said A B, his heirs and assignes: And from time to time after such notice given, travell to such ordinary place as shall be necessarie in the said Countie, either to take replevin or enter into bond for appearance of arrests, or to execute and doe such lawfull acts as shall be advised or devised from time to time by the said A B his heirs or assignes in such the said suits: The said A B, his heirs or assigns bearing all and all manner of charge in the Law in and about the premises.
A demise of a Lease forfeited for non-payment of Rent.
THis INDENTƲRE &c. witnesseth, that wheras the said A B and C his wife, by their indenture of Lease, bearing date the 30 day of M. 1595. and in the fourth year of the &c. did for the term of &c. beginning from the feast day of &c. then last past, before the date of the same recited Indenture of Lease and for the yearly rent of twenty eight pounds, grant and to Farme let unto one D E &c his executors, administrators and assignes, all that moitie, or one halfe of the Rectorie of the Parish Church of &c. and the moitie of all the houses, edifices, glebe-lands, tythes, oblations, obventions, profits, commodities and emoluments whatsoever, to all the said Rectorie belonging or appertaining. In and by which said Indenture of Lease before recited, there is a proviso or condition contained to this or the like effect following, viz. That if it should happen the said yearly rent of twenty eight pounds, or any part therof to be behind unpaid in part, A recital of a caluse of Reentry. or in all, by the space of twentie eight dayes next after either of the Feasts of the Annunciation of &c. and St. Michael the Archangel, at the then dwelling &c. of &c. that then, and from thenceforth the said recited Indenture of Lease should be void; and that then, or at any time after, it should and might be lawful to and for the said A B and C. his wife, their heirs, executors, administrators or [Page 113] assignes, into, and upon all and singular the premises and every part thereof, with the appurtenances wholy to reenter, and the same to have againe, retaine and repossede as in their former estates, and the said D E, his executors, administrators & assignes, and all other occupiers thereof, from thence utterly to expel, put out, and amove; any thing in the same recited Indenture to the contrary thereof in any wise notwithstanding, as by the same recited Indenture of Lease amongst divers covenants, articles, and agreements therein conteined, more plainly at large appeareth.
The half yeares rent being 14 l. reserved and to be paid for the half yeares rent ended at the Feast of S. Micahel, &c. last past before the date hereof, for and in respect of the premises, was not paid at the said feast of St. Michael, &c. nor on the twenty eight day next after the same feast, according to the tenor of the said Proviso, although the same rent was demanded at the place of payment limited and expressed in the said Proviso, By reason whereof the said Recited Lease is now become frustrate and void.
Whereupon now this Indenture witnesseth, that the said A B, and C his wife, for and in consideration of the surrender, and delivery up of the said Lease so made and granted to the said D E as aforesaid, and for other good and reasonable considerations them in this behalf specially moving, have demised, leased, and to farm letten and set, and by these presents doth, &c. unto the said F G, all that their moity of the Rectory, &c. (ut antea) To have and to hold all the aforesaid moiety of the said Rectory, and all and singular other the premises herein before mentioned to be demised, and granted, and every parcel thereof, with the appurtenances unto the said F G, his executors, &c. from the 27 day of September [Page 114] now last past before the date hereof, unto the end of, &c.
Yeilding and paying therefore yeerly during the said term unto the said A B and C his Wife, and to the heirs &c. of the said A B 28 li. of &c. at or in &c. at two usual Feasts or terms in the year: viz. &c. fourteen li. of which said sum due for one half year at the Feast of St. M. &c. last past before the date hereof, the said A B. and C. his wife acknowledg themselves to have received, and to be thereof fully satisfied. And the second payment, to be paid on the Feast day of &c. the annunciation of our &c. and so from thenceforth every half year yearly, one consequently following the other, during the said term of 38 years 14 li. of good &c. at everie of the Feasts aforesaid: To the end and intent that the said A B. and C his wife, and the heires and assignes of the same A B may have alwaies one half years rent to him, her or them beforehand paid.
Recitall, where the Lease may not be seen.
THis INDENTURE made &c. Whereas the said A B at the day of the date hereof (amongst other things) by vertue of a Lease or demise thereof to him made by one E C for many years yet induring, is possessed of one Tenement sometimes in the tenure of one I K, &c. set, lying or being at or towards the South end of &c. in the parish of &c. Now the said A B, for divers good considerations him moving hath by vertue of a licence or authority Licence from the lessor to the lessee to let and set his estate. [Page 115] in that behalf had & obtained of and from the said E C. under his hand and seal bearing date the 16 day of M. in the said 40 year of her Majesties Reigne, demised, granted, &c.
A Lease upon Condition in Mortgage, for Collateral Security.
THis INDENTƲRE tripartite witnesseth, That whereas the said T C and R A at the request and desire, and for the onely debt and dutie of the said I B, together with the same I B, are and stand jointly and severally holden and bound in and by two severall Obligations or Deeds obligatorie, each of them bearing date the day of the date of these presents; viz. in the one whereof to R W. &c. in the sum of 800 li. of &c. with condition thereupon made for the payment of 413 li. 16 s. 4 d. of like &c. on the fourth day of &c. next coming after the date of these presents, at or within &c. And in the other whereof unto one W C of &c. in the sum of 200 li. of &c. with condition thereupon made for the payment of 104 li. 4 d. on the said fourth day of &c. next coming after the date hereof, at or within &c. As by the same severall Obligations, and the severall conditions thereupon endorsed more plainly at large doth and may appear. Now the said I B, aswell for the indempnitie and saving harmlesse of the said T C and R A and either of them, of, for and concerning the said recited Obligations, and summs of money in them or either of them contained; as for divers other good and reasonable causes and considerations him the said I B in this behalf specially moving, [Page 116] hath demised, granted and to farm letten, and by these presents doth, &c. unto the said T C, and R A all that the Mannor of B. in the Parish of B. in the County of L. with the rights, appurtenances, and members thereof whatsoever. And also all and singular Messuages, Lands, Tenements, Feedings, Meadowes, Pastures, Rents, Reversions, Services, Hereditaments, &c. whatsoever to the said Mannor or Lordship by any meanes belonging or appertaining, or as member, part or parcel thereof, now or at any time heretofore being had, known, accepted, used occupied, reputed, or enjoyed, with all and singular their and every of their appurtenances, To have and to hold the said Mannor or Lordship, messuages, lands, tenements, hereditaments, and all and singular other the premises herein before mentioned to be demised, and granted, and every parcel thereof with the appurtenances unto the said T C, and R A, their executors, administrators, and assignes, from the feast of &c. last past before the date hereof, unto the end and term of 99. yeares from thence next ensuing, and fully to be compleate and ended. Yeilding and paying therefore yearely during the said term unto the said I B, his heires, and assignes, &c. at the Feasts of, &c. by even and equal portions.
Provided alwaies, and it is neverthelesse covenanted, conditioned and agreed by and between the said parties to these presents; And the said T C, and R A do by these presents covenant, promise, and grant, for themselves, their, and either of their heires, executors, and administrators, to and with the said I B his heirs, executors, administrators, and assignes, and every of them, that if he the said I B, his heires, executors, administrators, or assignes, or any of them, do well and truly content and pay, or cause to be contented or paid, as well unto the said R W, his executors, &c. [Page 117] the said summe of 416 l. 13 s. 4 d. of &c. on the said fourth day of June next coming after the date hereof, at the place before limited and appointed for payment thereof: as also unto the said T C his executors, administrators, or assignes the said summ of 104 l. 4 d. of &c. on the said fourth day of June next coming at the place before limited, and appointed for payment thereof as aforesaid, for and in full satisfaction, payment and discharge of the said several recited obligations, and of the summe and summes of mony in them or either of them conteined. That then, and from thenceforth this present Indenture of demise lease and grant, and all and every article and agreement herein contained, shall cease, determine, and be utterly void, frustrate, and of none effect, as if these presents had not been had, nor made: This Indenture or any thing herein conteined to the Contrary thereof in any wise notwithstanding.
And that then upon full payment had and made of the said severall summes of 416 l. 13 s. 4 d. and 104 l. 04 d. in manner and form as aforesaid, The said T C, That the Lessee upon payment of a sum of mony, shall yeild up his lease to be cancelled. and RA, their executors, administrators, or assignes shall well and truly deliver or cause to be delivered unto the said I B his executors, administrators or assignes making payment thereof, the two counterparts of these present Indentures whereunto the said I B hath severally put his hand and seale, to be cancelled and made void.
And the said I B doth covenant, &c. for himselfe, his &c. by these presents, to and with the said T C, For quiet enjoying upon default of payment by the Lessor. and R A, their, and either of their executors, &c. [Page 118] That they the said T and R, their executors &c. shall and may immediately from and after default of paiment had or made of the said severall summes of 416 li. — 13 s. — 4 d. and 104 li. — 4 d. or of either of them, contrary to the form, tenor and true meaning of these presents, peaceably and quietly have, hold, use, occupie and enjoy the said Manor or Lordship and all other the premises before demised, and every part and parcel thereof with the appurtenances, for and during the said term of 99 yeares, under the rent aforesaid, without any manner of trouble, let, interruption or disturbance of him the said I B, his heirs or assignes, or any of them, or of any other person or persons whatsoever lawfully having or claiming any estate, interest or title in or to the same Manor or Lordship, or in or to any part thereof, in, by, from or under them or any of them.
In witnesse &c.
To repay money if the Lessee be put out of possession.
ANd the said A B doth covenant &c. for himself, his heirs, executors and administrators, to and with the said C D, his executors, administrators and assignes, and every of them, by these presents, That if the said C D his &c. or any of them shall or be at any time hereafter lawfully avoided, expulsed or kept from the possession or occupation of the said Rectorie or other the premises, by reason or force of any Lease, Demise or Grant made or granted, or to be made or granted by our said Soveraign [Page 119] Ladie the Queens Majestie; to any person or persons, of the said Parsonage and other the premises, between the feast of &c. which was in the year of our Lord God 1571. and the day of the date of the said Letters Patents to the said A B granted as aforesaid, That then he the said A B his &c. shall and will within twentie daies next after notice and knowledg thereof given, at or within &c. well and truly paie or cause to be paid unto the said C D his &c. the sum of &c. at or within &c.
And the said A B doth covenant &c. for himself, his executors and assigns, and for every of them, To receive rents, and to give an Accompt thereof yearly. to and with the said C D, his executors, administrators and assignes by these presents, That he the said A B, his executors and assignes, shall and will yearly, during the term aforesaid, do as much as in him or them shall lie, without suit in Law, to gather, collect and leavie all the rents, revenues, fines, amercements, and all other yearly profits which shall happen to arise, come, grow or be due to the said C D, his heirs &c. at any time during the said term, within the Manors of &c. and the rents and other profits yearly coming thereupon shall paie and deliver everie half year to the said C D, his heirs or assignes, and shall yearly once in the year make a just accompt of his or their Receipts, and thereof make true payment to the said C D his heirs or assigns, at or within &c. without any manner of fee, allowance or wages to be demanded for the collection or gathering of the same.
And shall also yearly at the proper costs and charges of the said A B, his executors and assigns, finde, To provide meat for the Steward. allow and provide sufficient, good, decent, convenient [Page 120] and wholesome meat, drink, and lodging for the stewards, surveyors, or other officers of the said C D, his heirs, and assignes, and their four servants, horse-meat, stubble, room, and litter for their horses, repairing thither once in a year for the keeping of Courts, or to survey, or otherwise to do there, for the space of two whole dayes, and two whole nights yearly, during the said Terme.
The recital of an Indenture, and Covenants of a Lease for term of lives.
THis INDENTURE quadripartite, made between A B of &c. C D of &c. E his wife of &c. and F G his son of &c. witnesseth, That whereas the said A B, hath by his deed indented, bearing date &c. for divers good considerations therein recited, demised, granted, and to farme let to the foresaid C D. E his wife, and the said F his son, All that the site of the Mannor of Crainford St. Johns in the County of &c. with all houses, buildings, barnes, &c. to have and to hold the said site of the said Mannor, and all other the premisses with all and singular their apurtenances (except before excepted) unto the said C D. E his wife, and F their son, during their naturall lives, and to their Assignes, and to the survivor and survivors of them, and to the assignee and assigns of the survivor and survivors of every of them, yeilding and paying therefore yearly, during the said Term to the said A B his heirs and assigns, ten l. of &c. at the feasts &c. by even and equal portions. And where [Page 121] the said C D. E his wife, and F their son, for them, and every of them, their, and every of their &c. did by that Indenture covenant, promise, and grant to and with the said A B his heirs and Assignes in manner and form following, viz. That the said &c. (reciting the Covenants for reparations and for discharging of quit-rent, and a covenant to provide meat for the steward, verbatim, as in the original Lease.) And the said A B for him, his heirs, executors, and administrators, did by the said Indenture covenant, promise, and grant to and with the said C D. E his wife, and F their Son, and every of them, their, and every of their Executors, administrators and assigns by these presents, that it shall and may be lawful to and for the said C D. E his wife, and F, and every of them, their, and every of their Assignes, during the said Terme, to take, sel, &c. (reciting the covenant for taking house-boot, fire-boot, &c. verbatim, ut antea.)
Provided alwaies, that if it shall fortune the said yearly rent of 10 l. or any part thereof to be behind unpaid in part or in all, by the space of eight dayes next after either of the said feasts in which it ought to be paid as aforesaid, and the same being lawfully demanded, that then, and at all times from thenceforth it shall and may be lawful to and for the said A. his &c. into the said site, Reentry and all other the premisses before by the said Indenture demised, and every part thereof to reenter and the same to have again, and repossesse as in his or their former right. The same Indenture, or any thing therein contained to the contrary in any wise notwithstanding. And that the said A B for him, his executors and administrators did further in the same indenture, covenant &c. (reciting the Covenant for quiet enjoying at large &c.)
And forasmuch as the aforesaid C D and E his wife, and F their Son have surrendred all their estate, right, title and interest of, in and to all and singular the above recited premisses, to the said A B, upon divers good considerations, and chiefly upon this confidence, that the said A B should presently assure all and every the premises to the said C D, E his Wife, and to the aforesaid F, to them and to their assigns, and to the assignee and assigns of every of them, during their lives, and the longer liver of them, according to the tenor, purport and true meaning of the said former Indenture, in such sort that none of the Lessees or Grantees should be able to hinder or prejudice any of the other Grantees or Lessees, neither by grant, surrender, or forfeiture whatsoever.
The said A B, for the favour and good will, and carefull zeal which he beareth to the parties aforesaid, and in consideration of a Marriage to be had between the said F and H, A lease for term of three lives. doth by these presents demise, grant, and to farm let unto the said C D, and E his wife, & to the said F, all that the Site of the Manor of Crainford S. Johns, in the Countie of &c. To have and to hold the said Manor and all other the premises, with all and singular their appurtenances (except before excepted) unto the said C D, E his wife, and F, during their naturall lives, and to their assignes, and to the survivor and survivors of them, and to the assignee and assignes of the survivor and survivors of every of them. Yeilding and paying &c. (with the like covenants and proviso of re-entrie as before; but with this condition following.) Neverthelesse, the said A B doth by these presents covenant, grant, and agree [Page 123] for him, his heirs and assignes, that after such cause of re-entrie, he, his heirs nor assignes neither will nor shall take any benefit of such re-entrie, but onely against the person willingly falling into that danger; and shall and will suffer the next person named in this present Lease, which hath not committed any such forfeiture, quietly to enter and take possession during all his or her life, and so from one person to another, not giving such cause of re-entrie, so long as they shall live, or their interest doth endure, so that they paie their rent and farm at all time and times due, or within ten daies next after &c. And it is likewise agreed between the said A B, and all other the parties aforesaid, That if any the parties do grant away his or her estate, term or interest in the premises, or in any part thereof, or charge the same in prejudice of the other joint Lessees or Grantees, that then it shall be lawfull to that person or persons which should have the next possession and sole profits of the same land, to enter and take the profits thereof, as if the parties working that prejudice were dead, or had nothing to do therein. (A Covenant for quiet enjoying as before, with this Letter of Atturney.)
And this Indenture further witnesseth, That the said A B hath made, ordained, constituted, deputed, Letter of Atturney to deliver possession. and in his place and stead by these presents hath and doth put his welbeloved I K and L M &c. to be his very true, lawfull and sufficient Atturneys, jointly and severally, for him, and in his stead and name, to enter in and unto all and singular the aforesaid Site, Lands, Tenements, and other the premises before mentioned to be demised, with the appurtenances, or in or unto some part or parcell thereof in the name of the [Page 124] whole, and full and peaceable possession and seisin thereof, or of some part or parcell thereof in the name of the whole, and for him and in his stead and name to have and take. And after such possession and seisin thereof, for him, and in his stead and name so had and taken; then for him, and in his stead and name to deliver full possession and peaceable seisin of all and singular the same premisses with the appurtenances, unto the said C D, E his wife, and F, or unto one of them, or unto their certain Atturnie or Atturnies in that behalf, to the use and behoof of them and every of them, according to the tenor, form, effect and true meaning of these present Indentures, ratifying, affirming and allowing all and every Act and Acts, thing and things whatsoever that his said Atturney or either of them, for him, and in his stead and name shall doe, cause or procure to be done in and about the premisses or any of them by vertue of these presents.
In witnesse, &c.
Forfeiture for non payment of rent, or not doing of reparations after notice given thereof by the lessor.
Provided alwaies, and it is neverthelesse expressly conditioned by and between the said parties to these presents, that if it shall happen the said yearly rent of 50 li. to be behind and unpaid in part or in all, over or after any of the Feasts aforesaid, in which the same ought to be paid, by the space of 21 daies after any of the Feasts aforesaid, the same being lawfully demanded. Or if all and every the default and defaults for want of reparations of or in the premisses, that at or upon any such view and search as is aforesaid shall be found, and whereof notice or warning in writing shall be given or left [Page 125] to repair and amend the same in manner and form aforesaid, shall not be well and sufficiently repaired and amended from time to time during the said term of 21 years, alwaies within the said space of 6 months next after every such notice or warning in writing given or left as is aforesaid; That then, and at all times from thenceforth it shall and may be lawfull to and for the said A B, Reentry. his heirs, executors, administrators and assignes and every of them, into the said Messuage or Tenement and other the premisses by these presents mentioned to be demised, with all their appurtenances wholly and fully to re-enter, and the same to have again, retain and repossede as in their former estate, Any thing herein contained to the contrary thereof in any wise notwithstanding.
A lease for lives with Fine and Recovery, per Blunden & alios.
THis Indenture Tripartite made &c. Between the E of E, and F his wife, and the E of R, and E his wife of the first part; and T VV of &c. of the second part; and H L and T S of the third part, Witnesseth, That for and in consideration of the summ of five hundred pounds of &c. by the said T W well and truly contented and paid unto the said E of E, and F his wife, of which summ the said E of E and F his wife do by these presents acquit and discharge the said T W, his executors and administrators. And in consideration also of the sum of 1000 li. of &c. to the said E of R and E his wife, by the said T W well and truly contented and paid, and whereof [Page 126] also they the said E of R and E his wife do by these presents acquit and discharge the said T W, his &c. And in consideration also that the said T W hath surrendred, Surrender recited. and by these presents doth surrender unto the said E of E and F his wife, E of R and E his wife, all such estate for years as he hath in the Lands, Tenements, and Hereditaments hereafter specified, now in the tenure and occupation of the said T W, or of his Assignee or Assignes, which surrender they the said Earls and Countesses do by these presents accept. And also for divers other good considerations them the said Earles and Countesses moving, they the said E of E and F his wife, and E of R and E his wife do by these presents covenant, grant and agree, for them, their heirs and executors, to and with the said T W. his executors and assignes, That they the said E of E and F his wife, and E of R and E his wife, shall and will before the Feasts of &c. next ensuing the date hereof, By Fine sur conuzance de droit come ceo qu' ils ont de lour donne, in due form of Law to be levied with Proclamation, according to the form of the Stat. in that case provided, in the Court of our Soveraign Ladie the Queens Majestie, her heirs and successors, of Common pleas, between the said T W Compl', and the said E of E and F his wife, E of R and E his wife Deforceants, acknowledg and recognize by some name or names in the said Fine and Writ of covenant, whereupon the said Fine shall be levied, all that the Manor of Easton in the County of &c. and all other Messuages &c. with their appurtenances, to be the right of the said T W, as those which the said T W shall have of the gift of the said R E of E and F his wife, E of R and E his wife, and the same shall remise and release from them and their heirs, [Page 127] to the said T W and his heirs, with several warranties of the said E of E. and F his wife, to the said T W and his heirs, against him the said E of E, & the said F, and with like warranties of E of R, and E his wife, against themselves and the heires of the said F and E. which fine so as aforesaid to be levied, in whatsoever forme the same shall be levied, and all fines to be had or levied by, or between any of the said parties of the premisses, or any part thereof within one year next, shall be, and shall inure, and shall be construed, adjudged, expounnded, and taken to be, and to inure to the use and behoof of the said T W and his heirs, to the intent and purpose, that the recovery herafter mentioned, may be had and executed in due forme of law against the said T W, then being tenant of the premisses. And further, it is granted and agreed, by and betweene the said parties. And the said R E of R, and E his wife, do further covenant, grant, and agree for them, their heirs, executours and administratours, to, and with the said T W his heires, excutors, and administratours, that they the said E of R, and the said E his wife, shall and will permit and suffer the said H L & T S. or the survivor of them by writ of entry per disseisinam in le post, to be sued forth by them out of the high Court of Chancery, and returned into the said Court of Common pleas, to recover to them and their heirs against the said T W, then tenants of the premisses with the appurtenances in due forme of Law, according to the course of common Recoveries for assurances of Lands and Tenements, the said Manor of Easton, with the appurtenances &c. In which writ, and the proceedings upon the same, the said E of R in his proper person and the said Countess of R in her proper person, and by her sufficient Gardiens shall appear and make defence, [Page 128] and vouch over the common vouchee And that they the said E of R, and the said E his wife, and the sufficient gardiens of the said E, shall doe and suffer all and every thing and things fit and requisite for the suffering and executing of a good and perfect recovery in the Law, as shall be required by the said T W. his executors and assignes, or any of them. And that the said recoverie shall be had and perfected in due forme of Law, and shall be executed by the Queens Majesties writ of habere facias seisinam. And it is fully concluded, the said Recoverie, so as aforesaid, or in whatsoever forme to be had and executed, and the full force and vertue thereof, shall be, and shall inure, and shall be construed, adjudged, and taken to be, and to inure to the several uses and limitations, and in manner and forme following; that is to say, As, to, of, for, and concerning all that the site, capital Mansion house, and demeasnes of the said Mannor of Easton &c. (reciting all the land particularly, except the woods &c. and also except &c) To the use and behoof of the said T W and his assignes, for, and during the Term, and by all the Term of 99 years, next ensuing the date hereof, if the said T W. R C of &c. and I R of &c. or any one of them, shall so long live, yielding and paying therefore yearely unto the said E of E, and the C. his wife, for, and during the terme of so many years of the said Terme, as the said C of E shall live, and after her decease, to the said E of R, and the C his wife, and to the heirs of the said C of R the yearly rent or sum of fourteen pound of &c. at the feasts of &c. by even and equal portions; and also yielding and paying yearly from henceforth during all the said Term unto the said E of R and the said C his wife, and to the heirs and assigns of the said C the yearly rent or summe of twenty eight l. of [Page 129] &c. at the Feast of &c. by even and equal portions. And that the said recovery, so as aforesaid had and suffered, as touching and concerning the residue of the said Mannor, and other the premises, and the reversion and remainder of all and singular the premises, and for the said rents (the foresaid estate and term of the said T W alwaies saved) shall be and shall inure, and shall be adjudged, construed and taken to be to the uses and behoofs before mentioned. That is to say, one third part thereof to the use and behoofe of the said R E of E, and F his wife, for and during the life of the said F, and after her death, then to the use and behoofe of the said E of R, and the said E his wife, and of the heires of the said E of R for ever. And for the reversion, remainder, and residue of the premises, to the use and behoofe of the said E of R, and E his wife and the heires and assignes of the said Lady E for ever.
And if it happen any of the said yearely rents, or any of them, or any part or parcel thereof, Forfeiture for non-payment of rent where no sufficient distresse may be found. to be behind and unpaid by the space of twenty eight daies, next after either of the said Feasts, in which the same are or ought to be paid, being lawfully demanded, and no sufficient distresse to be found in and upon the before mentioned premisses, limited by these presents to the use of the said T W, his executors and assignes, for and during the said term of 99 yeares, if the said T W, the said R C, and G R, or any of them so long live, that then immediately the said estate of the said T W for 99 yeares, shall cease and be utterly void, any thing in these presents conteined, or the said fine or recovery notwithstanding.
And the said T W, &c. doth covenant &c. in manner and form following, That he the said T W his executors and assignes, To allow the Lords Stewards entertainment. shall from time to time finde, give and allow unto the Steward, Surveyor, Receivor, and other officers of the said R E, and F his wife, R R and E his wife, and their heires, and assignes, and their servants, and such as shall be necessary to come with them, such sufficient, meete and convenient meate, drink, beds, and lodgings as shall be meet for such persons. And also stable-roome, hey, provender, and litter for their horses, and geldings, once or twice in the yeare, by the space of two daies, and two nights together at every time, when they, or any of them shall come thither to keep the Courts, Leets, and Law-daies, or to survey the Mannor, or any part thereof, or for Wood sales, or for any other cause touching the Lords affaires; so that it exceed not above twice in the yeare, and so they exceed not above twelve persons at any one time. And shall pay and deliver unto the said Officers, or to one of them 6 s. 8 d. yearely fee, as have usualy been paid by the farmor or farmors of of the premises there heretofore. Blunden.
Assurance of a Jointure by Fine and Recovery.
THis INDENTƲRE tripartite made &c. between T W of &c. on the first part; G E of &c. and T W of &c. of the second part; and W C of &c. of the other part, Witnesseth, that the said T W, for [...]vers good considerations him especially moving, [Page 131] and for the making and assuring of a competent Jointure unto Jane Watson, now wife of the said T W, one of the Daughters of Richard Egiocke of &c. and Sister unto the said G E, and Neece unto the said W Combe. It is covenanted, granted, concluded, and agreed unto, by and betwetn all the said parties to these presents, for them, and every of them, and for the &c. of them, and of every of them, in manner and form following. That is to say, that he the said T W shall and will one this side, and before the feast of &c. now next coming after the date hereof, at the costs and charges of the said T W, before the Queenes Majesties Justices of her Highness Courts of common Pleas at Westminster, in the County of Middlesex, by fine Sur conusance de droit come ceo qu'ils ont de lour don in due forme of Law to be levyed with proclamations according to the Statute in that behalf provided, recognizee and acknowledg all that principal messuage, or tenement &c. (recite all the lands particularly &c.) or by such other name and names, and in such sort, manner & form, as by the said T W, or by his Councel learned in the Law, shall be reasonably devised, advised and required, at the costs and charges in the law of the said T W, to be the right of the said G E and T W, as those which the said G E and T W shall then have of the gift of the said T W; and the same shall remise, and quit claime from him the said T W, and his heires, to the said G E and T W and to the heires of the said G E. And further the said T W shall grant by the same fine, for him and his heires, that they shall warrant the said messuages, lands, tenements, hereditaments, and other the premises, with their, and every of their appurtenances, unto the said G E, and T W, and to the heires of the said G E, against him the said T W & his heires for [Page 132] ever, which fine so to be levied, & all other fines to be levied of the premises or of any part or parcel the eof, by and between the said parties to these presents, or any of them, at any time or times before the said feast of &c. now next coming, shall be, and shall be judged, esteemed, and taken to be. And the said conusees in the said fine, or fines to be named, & their heires, and every of them shall stand and be seized of all and singular the premises, and of every parcel thereof, to the only use and behoof of the said G E & T W, and of their &c. for ever. And yet nevertheless upon confidence and trust, and to the only purpose and intent, that they the said G E and T W shal and will, after the said fine, in form aforesaid levied, and before the feast of &c. next coming after the date hereof, permit and suffer the said W C to sue out and prosecute one writ of entry Sur disseisin in le post returnable before the Justices of the Common Pleas at Westminster in the County of Middlesex, against them the said George E, and T W, of the said principal messuage or tenement, and the lawes thereto belonging, with their appurtenances in B. aforesaid, and of all and singular other the said messuages, lands, tenements, rents, hereditaments, and all other the premises, with their and every of their appurtenances before mentioned, by such name and names, and in such sort, manner and form, as by the said T W, or his Council learned in the lawes shall be reasonably devised or advised. In and upon which writ of entry Sur disseisin in le post so to be brought, the said G E and T W shall appeare, and vouch over to warrantie the said T W, who likewise shall appeare and vouch to warrantie the Common vouchee, who after his entry into the warrantie and imparlance thereupon had, shall make default, to the end a perfect common recovery shall and may thereof [Page 133] be had and prosecuted in all things according to the usual order and form of common Recovery for assurances of lands, tenements, and hereditaments in such case used and accustomed; and that the said recovery shall and may also in due forme of law be executed by writ of habere facias seisinam accordingly; which recovery so to be had and prosecuted, and all other recoveries, conveyances and assurances to be suffered, had and prosecuted of the premisses, or any part thereof, by and between the said persons, or their heirs, or any of them at any time after the said fine levied, and before the feast of &c. next &c. and the full force, effect and execution of them, and every of them shall be adjudged, esteemed and taken to be. And the said W C and his heires, and all and every other person and persons then standing or being seized, or which at any time from henceforth shall stand or be seized of or in the said principal messuage or tenement; and all and singular other messuages, lands, tenements and hereditaments, and all and singular other the premisses, or of, or in any part or parcel thereof, shall at all times and time after the said recoverie had and executed, stand and be seized of and in the same, and every part thereof, to the uses, purposes and intents hereafter in these presents mentioned, expressed and declared, and to none other use, intent or purpose. That is to say, to the use and behoof of the said T W and the said Jane his wife, and the heirs and assignes of the said T W for ever, and to none other use, intent or purpose.
And further it is agreed, covenanted, granted, condescended and fully agreed between the said parties to these presents, that the said W C and his heirs, shall from and after the same Recovery so had and executed, stand and be seized of the said [Page 134] Messuages, lands, tenements and hereditaments, and other the premises with their appurtenances to the sole and only use and behoof of the said T W and I his wife, and the heirs and assignes of the said T W for ever.
In witnesse, &c. Blunden.
And the said A B doth covenant &c. to and with C D &c, that if it shall happen the said yearly rent of eight pound, That the Lessee shall pay twenty shillings Nomine poenae, for not payment of his Rent. or any parcell thereof to behind and unpaid by the said space of forty daies, next after either of the said feasts, in which the same ought to be paid as aforesaid, being lawfully demanded at the place of payment before mentioned, that then he the said A B his executors or administrators shall forfeit, lose, and pay unto the said C D his heirs, and assignes for every month next after the same forty dayes ended in which the same yearely rent, or any parcell thereof shall be so behind or unpaid, the sum of twenty shillings of lawful &c. (nomine paenae) for every such default.
Assignment of an extent, and the land thereby extended.
THis INDENTURE &c. betweene &c. F C Administrators of the goods, debts, and chattels of Sir R C deceased Knight, of the one partie, and I H &c. witnesseth that where R S of &c. by his recognizance in the nature of a Statute staple, bearing date &c. taken and acknowledged before &c. did acknowledge himself to be indebted unto the said [Page 135] Sir R C in the sum of 4000 l. as in and by the same statute or recognizance more at large appeareth.
And where also her Highnes writs of extent bearring date &c. were awarded out of her Highness Court of Chancery, the one of them being directed to the then Sheriff of the county of York; and the other to the then Sheriff of the County of Lincoln, by vertue of which writ so directed into the County of Y. the same then Sheriff, did amongst other things, extend all that the Manor of S with the appurtenances, and divers lands, tenements, and hereditaments to the said Mannor belonging, situate, lying, and being in the Parish of S. in the said County of Y. As in and by an inquisition therof had, and taken by the said Sheriff, at E in the said County of Y. bearing date &c. annnexed to the said writ of extent, and remaining of Record in her Majesties said Court of Chancery more at large doth and may appear.
And where also afterwards, Sir H C Knight, Sheriff of the said County of Y. by vertue of her Majesties writ of (liberate) likewise directed to the said Sheriff, hath amongst other things delivered possession and seisin of the said Mannor, and other the premises with the appurtenances, lying in the said Countie of Y. unto the said F C and to his assignes, to have and to hold the said recited premises amongst other things in the said writ mentioned to him the said F C and his Assignes as his freehold until the said debt of four thousand pounds with the costs and damages should be of the said lands extended and delivered, and of other lands likewise in the County of L. extended and delivered, fully satisfied, contented, and paid; as in and by the said writ of liberate remaining of Record in the said honourable court of Chancery more plainly at large appeareth.
Now this Indenture further witnesseth, that the said F C for and in consideration of a certaine summe of &c. to him in hand paid by the said I H, whereof and wherewith the said F C acknowledgeth himself fully satisfied, contented and paid, and thereof and of every part or parcell thereof, doth cleerly acquit, exonerate and discharge the said I H his executors, administrators, and assignes, by these presents; hath given, granted, bargained, sold, assigned and set over, and by these presents doth fully and absolutely give &c. unto the said I H his executors, administrators and assignes, all his estate, right, title, interest, claim and demand whatsoever which he the said F C hath, may, might, or ought to have of and in all that the said Mannor of S, and all the rights, members and appurtenances thereof, situate, and being in the said Parish of S. in the said County of Y. and of and in all the messuages, lands, tenements and hereditaments with the appurtenances whatsoever to the said Mannor of S. belonging or appertaining by force and vertue of the said recited extent, inquisition, and liberate, as aforesaid, to have and to hold, occupie, perceive, receive, take and enjoy the same premisses with their and every of their appurtenances, profits, rents, commodities and advantages whatsoever unto the said I H and his assignes, to the only proper use and behoof of the said I H and his assignes, for and during the term and continuance of the said extent, until the said summe of four thousand pounds, with the costs and damages be of the said Mannor of S. and other the premises extended, fully satisfied, contented and paid as is aforesaid.
And the said F C doth for him, his heirs, executors and Administrators covenant, promise and grant to and with the said I H his executors and assignes [Page 137] in manner and form following; that is to say, Quiet enjoying discharged of incumbrances. that he the said F C is now lawfully and solely possessed of and in the said Mannor of S. and all the premisses thereunto belonging, with the appurtenances, in the said County of Y by vertue of the said extent, and hath good power and authority to assign and set over unto the said I H the same extent thereupon in manner and forme aforesaid, notwithstanding any act done by him; and that he the said I H his executors, assignes, shall or may, according to the true meaning of these presents, peaceably and quietly have, hold, occupie, possesse, receive, perceive, take and enjoy all and singular the same premisses before mentioned, with the appurtenances, and all and every the rents, revenues, issues, and profits of all and singular the same premisses, with their appurtenances, discharged or saved harmlesse by the said F C his executors and administrators, or some of them, of and from all and all manner of former statutes, surrenders, forfeitures, assignments, suspensions, charges, titles, troubles and incumbrances whatsoever heretofore had, made, committed, or done, or hereafter to be had, made, committed, or done by him the said F C his executors, or assigns, or by any other person or persons, by his assent, means, consent or procurement. And that neither he the said F C nor his assignes hath not, nor hereafter shall do, procure or suffer to be done any act, deed or thing whereby the interest of the said extent, for or concerning the premisses by these presents meant to be assigned, be or shall be determined or undone.
In witnesse, &c.
Assignment of an extent, upon a statute forfeited to the Queen.
THis INDENTƲRE made &c. witnesseth, that whereas W C. the seventeenth day of M. in the twentieth year of the Raigne of our late Soveraigne Lord, King Henry the 8 th, before Sir T S Maior of the Stalpe at Westminster, and Constable of the same by his recognizance in the Nature of a statute staple, knowledged before the said Sir T S the said 17 day of M in the said 20 year of &c. acknowledged himself to stand and be indebted unto one T A Esq in the sum of 2000 marks, to have been paid to the said T on the feast of P then next following, as in and by the said Statute more at large it doth & may appear. After the knowledgment of which said recognizance, the said T A in the time of the late King Ed. the 6. was attainted of felony, by the the name of T A K r. by reason of which attainder, as wel the said debt of 2000 marks, as also all the goods, chattels, rights, debts, and credits which were the said Tho. Arundels, to the said K. Ed. the 6. did appertain and belong, and so by his death, and by the death of the late Queens Majestie, the same debt of 2000 marks due by the recognizances, became due to our Soveraigne Lady Eliz. the Queens Majestie that now is.
And whereas also afterwards, our said Soveraigne Lady Eliz. the Queens Majestie that now is, by her Highness Letters patents, under the great Seal of England, bearing date &c. for the consideration in the said Letters patents expressed, did give and grant to the said Rob. Zinzan, aliàs Alexander, all, and [Page 139] all manner of Recognizances, debts, and penalties forfeited to our said Soveraigne Lady, by reason of the attainder of any person or persons, and from her Highness concealed, and before the date of the said Letters patents unjustly detained, to the number of 30 such persons attainted of Felony, as the said Ro. Z. or his assignes should name, within two years after the date of the said Letters patents, unto the Lord high-Treasurer of England, or to the Chancellour of the Exchequer for the time being. And further granted to the said R Z by the same Letters patents, that it should be lawfull to and for him, as wel in her Majesties name, as in the name of the said R, to implead, condemn, and put in execution any person or persons which ought to yield and pay any such sums of mony, debts, recognizances and forfeitures, and to take execution thereof to his and their owne use, as by the same Letters patents, amongst other things appeareth.
And whereas also within the said two years, next after the ensealing of the said Letters patents; that is to say, the fourth day of J. in the said one and twentieth year of the raign of &c. the said R Z did nominate to the Right Honourable Sir W M. K r. then Chancellour of her Majesties said Exchequer, the foresaid Sir. T A. attainted of felony according to the forme in the said Letters patents specified. And wheras also the said 2000 Marks in the foresaid recognizance specified, were concealed from the late K. E. the 6. Q. M. and from our soveraign Lady the Qu. that now is. And wheras therupon also our said soveraign Lady the Queens Majestie that now is by her writ of (extend' fac') issuing out of her Majesties high Court of Chancery upon a certificate made into the said Court, by the clark of the statute for the time being, did command the Sheriff of the foresaid [Page 140] Countie of S. that by the oathes of good and lawfull men of this Bayliwick, he should diligently inquire what lands and tenements the foresaid WC had within his said Bayliwick, at the foresaid day of the date of the foresaid recognizance, or at any time after, and of what yearly value the same were of, and that hee should extend all the said lands and tenements, and should seize them to the use of her Majestie, to the end the same might be delivered to the foresaid R. until he should be fully satisfied of the said 2000 Markes according to the forme of the statute at Westminster, made for the recovery of such debts.
And whereas also afterwards the said Sheriff made returne into the said court of the said writ as followeth, viz. That the foresaid W C the said 17 day of M. was seized in his demeasne as of fee, of, and in the Mannors of T F &c. (recite all the land) with the appurtenances in the said county of S. and that the foresaid Mannors of T F &c. are worth, by the year in all issues above reprize, 15 l. and that the foresaid Mannors of C and D with the appurtenances &c. are worth &c. (ut antea) and that hee the said Sheriffe did by vertue of the same writ seize and take into her Majesties hands all the said Manors and other the premises whatsoever with the appurtenances, as by her Majesties said writ he was commanded, and that the foresaid W C had no other or more Mannors, lands, or tenements within the said countie, which might be extended for the said debt, or seized to the use of her Majestie, as by the return of the said writ, remaining upon the files of the said court of chancery, more at large appeareth.
And whereas also afterwards her Majestie by a writ of liberate issuing out of the said court of chancery, did command the Sheriff of the said countie of S that he should deliver unto the said R Z and his [Page 141] assigns, the foresaid lands, Manors, and tenements, and other the premises with the appurtenances, if according to the said extent he should receive them. To hold to him the said R Z and his assignes as his and their freehold, untill he should be satisfied the said sum of 2000 marks, together with his costs and charges, in that behalf reasonably sustained; which said Sheriffe afterwards returned, that he the third day of M &c. did deliver unto the said W C, atturney and assignee to the said R Z lawfully authorized, the said Mannors, lands, tenements, and other the premisses in the said County of S. with their appurtenances, to hold to the said R Z and his assignes, as his and their free-hold until he or they should be fully satisfied of the foresaid 2000 marks, together with his costs and charges in that behalfe reasonably sustained, as also by the said writ and returne thereof remaining on the files of the said Court of Chancery also appeareth.
And wheras also the Qu. Majestie, by an other writ of extent, issuing out of the said high Court of Chancery, upon the certificate aforesaid, directed to the Sheriff of the county of Dorset, did command the said Sheriff of the said county of Dorset, that likewise by oaths and testimonies of good and lawful men of the said county, he should diligently inquire what lands and tenements the foresaid W C had within the said county of D. at the aforesaid day of the date of the foresaid recognizance, or at any time after, and for what yearly value the same were of. And that hee should seize to the use of her Majesty, all and singular the foresaid Mannors, lands, and tenements, that they might be delivered to the said R Z, until hee should be fully satisfied of the foresaid debt of 2000 marks, according to the form of the statute at Westm. for the recovering of such debts, made and provided.
And whereas afterwards also the said Sheriffe made return of the said writ, in the said Court, that the foresaid W C the foresaid seventeenth day of March was seized in his demesne, as of Fee, of and in the Mannor of Ilond, with the appurtenances, and of and in &c. and that the foresaid Mannor &c. are worth by the yeare 26 l. &c. And that he had seized the said Mannor &c. and all other the premises, with the appurtenances, in the said County of D, to the use of her Majestie, as by the said writ he was commanded. And that the foresaid W C had no other Mannors, Lands, or Tenements, within the said Countie which for the debt aforesaid, might be extended, or seized to the use of her Majestie, as by the return of her Majesties said writ, remaining upon the Files in the Chancery, more at large appeareth.
And thereupon her Majestie, by her writ of liberate, did command the said Sheriffe of the said Countie of D, that he should deliver unto the said R Z, the foresaid Mannor of Ilond, with the appurtenances, and the &c. in the said Countie of D, if according to the aforesaid extent he should receive them, To hold to him, and his assignes, as his Freehold, untill he should be fully satisfied of the foresaid debt, together with his costs and charges in that behalfe reasonably sustained.
And whereas also afterwards the said Sheriffe of the said Countie of D, did return into the said high Court of Chancery, That by vertue of her Majesties writ to him directed, upon the eighth day of A &c. he did deliver unto the said W G, Attorney to the said R Z, lawfully authorized, the said Mannor of Ilond, and other the premises in the said Countie of D with their appurtenances, to hold to the said R Z, &c. (ut ante) as by the severall writs aforesaid, and the returnes of them remaining [Page 143] in the said High Court of Chancery, more at large appeareth, by reason whereof the said R Z, and W G or one of them, now is, and standeth seized of, and in all the premises with their appurtenances, accordingly.
Now the said Z, aliàs Alexander, and W G for divers good causes and considerations them thereunto moving, have demised, granted, and to farm letten unto the said T I, his executors and assignes, all his said Mannors, Lands, Tenements, and other the premises, with their appurtenances (except alwaies to the said W G his executors, &c. one tenement &c. in the said Countie of D) To have, and to hold all the said Mannors, lands, tenements, and other the premises with all and singular their appurtenances, (except before excepted) unto the said T I his &c. from the feast day of the Annunciation of &c. for, and untill the full end & term of sixty yeares, from thence next ensuing and fully to be compleat, ended, and determined, if the said mannors, lands, and other hereditaments shal or ought so long to continue in extent, by force of the execution aforesaid, for the debt aforementioned.
Yeilding and paying therefore to the said W G, his executors and assignes, yearely during three yeares of the said term, which shall begin immediately from, and after the said T I, his executors, or assignes shall have possession of the premises before mentioned to be demised, two hundred pounds of good &c. at the feast of &c. by even portions, or within twenty daies next after &c. at or in, &c. and yeilding, and paying therefore to the said W G his heires or assignes for the fourth yeares which shall ensue next after the said T I his executors or assignes shall have possession of the foresaid demised premises, sixty pounds of good [Page 144] &c. at the said Feasts &c. And yeilding and paying unto the said W G, his executors, or assignes, yearely during the residue of the said Term, one pepper-corn alwaies at the feast of &c. at the place aforesaid, if it be demanded upon any part or parcel of the aforesaid demised premises.
Provided alwaies, and it is neverthelesse covenanted, granted, condescended and agreed by and between all the said parties to these presents, that if the said yearely rent of 200 li. or the said yearely rent of 60 li. or any part or parcel thereof shall happen to be behind and unpaid by the space of &c (Clause of reentry) ut in Aliis.
Provided also, and neverthelesse it is meant, mentioned, and intended between the said parties to these presents, The Lessee to pay his Rent, so long as he may enjoy his Lease. that the payment of the severall rents abovesaid, or any part thereof shall not continue, or that the said T I, his executors or assignes shall be chargeable in any action of debt or otherwise with the payment thereof, or of any part thereof, for any more yeares then so many yeares onely of the said term of sixty yeares as the said T I, or his assignes shall or may lawfully have, hold, occupie and enjoy the premises above by these presents demised, or meant or intended to be by the true meaning of these presents demised unto the said T I, by the said R and W, but shall be acquitted and discharged against the said W, his executors, and assignes, of and from the payment of any farm, or rent for all such & so many yeares of the said term, as he the said T I or his assignes shall not, or ought not lawfully to have hold & enjoy the said premises, and every part thereof, [Page 145] (except before excepted) according to the true meaning of these present Indentures.
And the said T I for himself his &c. doth covenant & grant to and with the said W G his &c. by these presents, That if the owners of the said manors, lands, tenements and hereditaments above mentioned to be delivered in extent, shall within the space of 4 yeares next after the said T I shall have the possession of the same demised premises (except before excepted) well and truly satisfie and pay, or cause to be well and truly satisfied and paid unto the said T I his &c. the summe of 2000 markes, for which the said mannors &c. and other the premises are extended as aforesaid, or otherwise compound with the said T I his &c. that then he the said T I his &c. shall and will well and truly content and pay or cause to be &c. unto the said W G &c. the full summe of 1000 marks of &c. or so much lawful mony of England as shall then at the time of payment of the same remain or rest unpaid of the sum of 1000 marks above by these presents reserved to be paid to the said W G for the farm of the premises, and to be paid within 16 daies after such receipt of the said summe of two thousand Marks, or within 16 daies after such composition as aforesaid.
And the said R Z for himself, his &c. doth covenant &c. to and with the said T I his &c. by these presents, that he the said R hath not at any time heretofore received or had the said sum of 2000 marks nor any part thereof, nor hath at any time heretofore acquitted, released, discharged, or otherwise extinguished the said statute and debt, neither shall or will at any time hereafter receive, or take into his or their hands the said summe of 2000 marks or any part or parcel thereof without the consent and agreement of the said Thomas I, his [Page 146] executors, or assignes first had thereunto and obteined in writing ( The like Covenant for W G.)
In witnesse, &c.
A Confirmation of a Lease, short.
TO all Christian people to whom this present writing shall come, A B of &c. sendeth greeting in our Lord God everlasting. Where one R W of &c. by his indenture of Lease bearing date &c. hath demised, granted and to farm letten unto one C D of &c. all that tenement &c. for the term of 40 yeares, from the date of the same Indenture, if the said C D should so long live, as by the same Indenture it may more at large appeare. Now know ye, that I the said A B doe by these presents ratifie, affirm, confirm and allow the said Indenture of Lease and all things therein conteined, and the estate Interest, term of yeares and demand of the said C D in and to the said tenement, and other the premises, and in and to every parcel thereof with the appurtenances.
In witnesse, &c.
A Confirmation to the assignee of a Lease to him assigned from the chief Lord.
TO all Christian people &c. A B of &c. greeting &c. where I the said A B by my deed Indented or Indenture of lease bearing date &c. made between [Page 147] me the said A B of the one part, and C D and E his wife of the other partie, have demised, granted and to farm letten unto the said C D and E his wife all that messuage or tenement, with the appurtenances &c. (reciting the Indenture truely) to have and to hold the said messuage, &c. and all other the premises, with their appurtenances, unto the said C D and E his wife, their executors &c. from the feast of &c. unto the end and term of twenty one yeares from thence next ensuing, and fully to be compleate and ended: yeilding and paying &c. as by the same Indenture (wherein divers other covenants, grants, articles and agreemens be conteined) more at large it doth, and may appeare. The interest, estate term of yeares, and demand, of which said C D and E his wife, of, in and to the said messuage &c. and other the premises, and of, in and to every part and parcel thereof, R M of &c. now hath by lawful meanes and conveyances in the Law. Now know ye, that I the said A B, as well for and in consideration of a certain sum of lawful English mony to me in hand at the ensealing and delivery of these presents by the said R M well and [...]ly paid, as also for divers other good and reasonable causes and considerations me in this behalf especially moving, doe not only by these presents remise, release and quit claim unto the said R M his executors and assignes, all and all maner of forfeitures and re-entries, titles & causes of re-entry and forfeiture in any wise or for any cause or thing whatsoever, of and concerning the premises or any parcel thereof had, made, caused, committed or growen: But also by these presents, for me my &c. the said Indenture of lease, & all and every thing therein conteined, as also the estate, right, title, interest, term of years and demand of the said R M of, in and to the same messuage &c. & all [Page 148] other the premises with their appurtenances, & of, in and to every part and parcel thereof, together with the same premises unto the said R M his &c. do ratifie, demise, affirm, confirm and allow, to have and to hold unto the said R M his &c. from the day of the date hereof for and during, and unto the full end and accomplishment of the said term of 21 yeares, for the yeares aforesaid & rent aforesaid, and according to the tenor and purport of the said Indenture of Lease.
In witnesse, &c.
A Grant from the Queen, of the goods of one that is outlawed.
ELizabeth &c. To our Treasurers, Chamberlaines, and Barons of our Exchequer for the time being, and to all and singular other our Judges, Justices, Officers & Ministers whatsoever, greeting. Whereas A W, late of R &c. now lately deceased, in contempt of us and of our Lawes and Statutes, of this our Realm in his life-time did incurre the danger and forfeiture of his goods, and cha [...]els, and the issues and profits of his lands tenemen [...] and hereditaments, by reason of divers and sundry Utlagaries in personal actions commenced; and sued against him at the suits of divers of our Subjects by the order and course of the common Lawes & Satutes of this Realm, [...]nd so died outlawed. Know ye, that we of our special grace, and meer motion, and certain knowledg have given and granted and by these presents for us, our heires &c. do give and grant to our well beloved Subjects W A widdow, late wife of the said W A, and to R P all and singular such summe, and summes of mony, goods, chattels, leases, debts, duties, obligations, [Page 149] bills, escripts, writings, Indentures, forfeitures, profits, advantages and commodities whatsoever, which we our heires and Successors, or any of us, or any other, to our use, or in our name, can or may have, take, recover and enjoy by reason meanes, or occasion of any Utlagary or Utlagaries pronounced against the said W A in any action, personal or mixt at the suite of any of our Subjects. To have, hold, perceive, take, leavy, receive, recover and enjoy the said sum and summes of mony, goods, chattels, leases, debts, duties, obligations, bills, escripts, writings, Indentures, forfeitures, profits, advantages and commodities, and all and singular other the premises with their appurtenances, and every part and parcel thereof to the said W A and R P their &c. to their own use and uses, freely, absolutely and clearly without any manner of account, prest reckonings or recompence therefore for or any part or parcel thereof to be rendred, yeilded, had or made to us our heirs or successors, or any of us in as large and ample manner and forme to all intents and purposes, as we our heirs or successors or any of us, or any other in our or their names, or to our uses had, or may have, receive, enjoy, take or recover the same, or the whole sum or summes of mony, penalties, forfeitures, fines, issues, profits, commmodities and advantages due for the same, or any part or parcell thereof by any waies or means whatsoever. And further know ye, that we of our special grace, certain knowledge, and meer motion, have given and granted, and by these presents, for us, our heires and successours, do give and grant to the said W and R their executors, administrators and assignes, and to every of them, that they and every of them, shall and may from time to time, and at all times hereafter have, perceive, receive, leavy, take and enjoy to their owne [Page 150] proper use and uses the said sum and summes of mony, goods, chattels, debts, duties, leases, obligations, bills, escripts, writings, indentures, forfeitures, profits, advantages, and commodities whatsoever that are so forfeited and due to us by reason or meanes of any of the said Utlagaries, according to the effect of this our grant, as well at the hands of any of our officers and Ministers, as also, at and by the hands of any other person and persons; and this our Letters patents, or the inrollment thereof, shall be from time to time, and at all times hereafter, a sufficient warrant and discharge, as well to all Judges, Barons of our Exchequer, and all other our officers and Ministers, and to all other persons whatsoever, for the payment, allowance, and delivery of the premisses by these presents granted, or any part thereof, without any further warrantie to be made or sued from us, our &c. to them, or any of them. And further, of our special grace, certain knowledg, and meer motion, for us, our &c. we give and grant unto the said W & R their &c. and to every of them, at all time and times hereafter for the better executing of this our grant, full power and authority to enter into the said leases, and take, seize, leavie, receive, have and enjoy by themselves, or by any other, their Ministers, deputie or deputies in any place or places whatsoever, within th [...]s our Realm the said sum or sums of mony, goods, chattels, debts, duties, obligations, bills, escripts, writings, indentures, forfeitures, profits, advantages, commodities, and other the premisses whatsoever of any person or persons according to the due order and course of our lawes. And moreover, of our special grace, meer motion, and certaine knowledg for us our heires and successors, we do give and grant unto the said W and R their &c. and every of them, full power, and lawful authoritie, as absolutely, [Page 151] wholly, and freely, as wee our selves, our &c. may or can do, to compound or agree with any person or persons whatsoever for the said sum or summes of mony, goods, chattels, debts, duties, obligations, bills, escripts, writings, forfeitures, profits, advantages and commodities, and other the premisses before, by these presents to them granted. And that the said W. and R. their executors, administrators, and assignes, and every of them, shall have full power and authoritie to release, acquit, and discharge all and every person and persons whatsoever, their heirs, executors, administrators and assignes, their lands, tenements, hereditaments, goods and chattels for the said ready mony, goods, chattels, debts, duties, obligations, bills, escripts, writings, indentures, forfeitures, profits, advantages and commodities before by these presents granted, and that the said composition, agreement, release, acquittance, or other discharge so made or done by the said W and R, their executors, administrators or assignes, or by any other shall be a sufficient and lawful barre, discharge, acquittance, and exoneration against us, our heirs, or successors to be pleaded or sued by any person or persons which shal at any time hereafter be impleaded, sued, molested, or vexed by us, our heires, or successors, or by any other person or persons, by any grant, assignment, or appointment, by us, our &c. of or for the same, in as large manner and strength as the same were made or done by us, our &c. or by any of us. And further, of our special grace &c. for us, our heirs, and successors, wee do give and grant to the said W and R. their &c. and every of them, full power and authoritie in the name of the said W and R, during their lives, or in the name or names of their &c. after their decease, or otherwise, to sue for, implead or recover, prosecute, [Page 152] demand, leavie, perceive, take, put in due execution (and the said sum and summes of mony, goods, chattels, debts, duties, obligations, bills, escripts, writings indentures, forfeitures, profits, advantages and commodities, and all other the premisses, and every of them, to have) against any person or persons whatsoever according to this our grant, in any of our Court or Courts of Record, or in any other place or places within this our Realm, according to our lawes and statutes, at the will and pleasure of the said W and R. their &c. and every of them. And further of our special grace &c. for us, our &c. we do give and grant unto the said W and R their &c. and every of them, full power and authoritie, or in the name of us, our &c. or in the name or the names of the said W and R their &c. to redeeme, have and enjoy all and every lease and leases, term and terms of yeares indentures and indenture which the said W A in his life-time did mortgage, convey or assure to any person or persons upon any condition or conditions for the payment of any sum or summs of mony on his part to be paid, in as large and ample manner and form, as we, our &c. or any other in our or their names or to their uses, can or may redeem, have or enjoy the same by any waies or means whatsoever, although expresse mention of the certaintie of the premisses, or any of them, or of any other gifts or grants by us or any of our progenitors to the said W A before this time made in these presents, be not expressed or declared: any statute, act, law, ordinance, provision or proclamation of the contrary herof, had made, ordained or provided, or any other thing cause or matter whatsoever to the contrary thereof in any wise notwithstanding.
In witnesse &c
Witnesse our self at Westm. &c.
A grant of the forfeiture of a recognizance, acknowledged before two Justices of the peace, to the Queens use.
ELizabeth &c. Greeting, whereby a recognizance taken and acknowledged at Metham &c. before I L and E B Justices of our peace in the said county, the nine & twentieth of &c. W L and C B did come, and undertook as pledges or sureties for T W. That is to say, every of them severally for himself, under the penaltie of ten pounds; & the foresaid T W under the penaltie of an hundred pounds, to be taken and leavyed of the lands, tenements, hereditaments, goods and chattels of them, and every of them, to the use and behoof of us, our heirs and successors, under the condition hereafter following, viz. That if the said T W did personally appear before our justices of Peace, at the next general Sessions of the Peace, to beholden at M. to do and to receive that which by the Court hee should be enjoyned, and [...]at he should not depart thence without licence of the said Court; and in the mean time, that he the said T W and all his said servants should keepe the peace against us, and our liege people, and especially against W R and I R and the servants of them both, and that they should not procure or cause to be procured or done unto [...]he said W R and I R and their servants, or to any other our liege people any bodily hurt, or any other thing tending to the breach of our peace, that then the said recognizance to be void, or else to stand in full strength and vertue, as by the same recognizance and condition there underwritten [Page 154] more plainly appeareth. And whereas at the Sessions of the Peace, holden at M. in our said county of K. for their city of K being the next Sessions there holden after the acknowledging of their recognizance on the &c. before R M and T R and others our Justices of the peace within the said countie. At which time, the said T W made default contrary to the tenour of the condition aforesaid, by reason whereof, the said recognizance is forfeited to us, our heirs and successors. Now know yee that we of our special grace, certain knowledge, and meer motion, have given and granted, and by these presents do give and grant by our well beloved servant A B the said Recognizance and penalty of an hundred and twenty pound of &c. To have, hold, enjoy, receive, and take the said recognizance, and summ of an hundred and twenty pounds in the same specified and contained, and all the commodities and profits of the same recognizance, unto the said A B his &c. without any thing therefore to us, our heirs, or successors to be yielded, and without any accompt to us, our heirs or successors to be made. Know ye further, that we of our &c. have given and granted, and by these presents do give and grant to the said A B. That he, his &c. all and all manner of actions, suits or executions whatsoever, of or upon the said recognizance in his own name, shall sue or follow, and all profits, commodities and emoluments thereof to his own proper use to receive and convert, without any accompt, or other thing whatsoever to us, our heirs or successors, to bee yielded or done.
In witnesse, &c.
Witnesse our selfe &c.
An Indenture for Marriage.
THis INDENTURE made &c. Between E P of &c. of the one part, And P V of &c. of the other part, Witnesseth, That it is covenanted, concluded, condescended, and fully agreed upon by and between the said parties to these presents, for them, their severall heirs, executors and administrators, That he the said E P. shall and will before the Feast of &c. next, marry and take to wife Mary one of the Daughters of the said P V, if shee the said M shall thereunto consent and agree, and the Lawes of the holy Church shall permit and suffer the same. And the said E P, for and in consideration of a certaine summe of good and lawfull money of England to be to him paid by the said P V, as a Marriage portion for the advancement of the said M. and for the love and affection which the said E P beareth towards the said M, and for a competent Joynture to be made to the said M, in recompence of all title and pretence of dower that she the said M. shall or may claim out of all or any the Manors, Lands, Tenements or Hereditaments of the said E P, his heirs or assignes, or any of them; Doth for him, his heirs, executors and administrators, and for every of them, covenant and grant to and with the said P V, his heirs, executors and administrators & every of them by these presents, That he the said E P and his heirs shall and will from henceforth stand and be seized of and in all that the Manor of &c. in the Countie of &c. and of all and singular houses of &c. to the uses, intents and purposes herein mention [...]d and expressed, and to no other: [Page 156] That is to say, To the use of him the said E P and his heirs, untill the said Marriage shall be had and solemnized between them the said E P and M; and after the solemnization of the same Marriage, then to the use of the said E P for the term of his life; and afterward to the use of the said M for term of her life; and afterward to the use of the said E P, and the heirs &c. of the said E P for ever. And the said E P, for him, his heirs and assignes doth covenant &c. to and with the said P V, his heirs and assigns, That he the said E P at the ensealing and delivery hereof, is, and so shall continue untill the said intended marriage shall take effect, lawfully and rightfully seised of the said Manor and premises in his demesne as of Fee, of a good, rightful, absolute and indefeasable estate of Fee-simple; And that the same now are and so shall continue to the said M for term of her naturall life (if the said intended marriage shall take effect) of the clear yearly value of &c. above all charges and reprizes. And that he the said E P and his heirs shall and will from time to time and at all times during &c. next after the said Marriage shall be had and solemnized, make, do, acknowledg, execute and suffer, or cause to be made, done, acknowledged, executed and suffered all and every such further act and thing for the further and better assurance, surety and sure making of the said Manor &c. to the uses abovesaid, according to the true meaning of these presents, at the cost of the said P V or his heirs, as by the said P V or his heirs, or their Councel learned in the Law, shall be reasonably devised or required. Per Nich. Hide Councel.
In witnesse &c.
A Mortgage of Letters patents, and the Land thereby granted.
THis INDENTUERE made the &c. Witnesseth, That whereas our Soveraigne Ladie Elizabeth the Queens Majestie that now is, by her Highnesse Letters patents under the Great Seal of England bearing date &c. for the considerations therein mentioned and expressed, Hath betaken, granted, and to farm letten unto the said A B all that the Site and capitall Messuage of her Highnesse Manor of H. &c. (Reciting the Laud as in the Patent &c.) as in and by the same Letters patents (amongst divers covenants, clauses, conditions and agreements therein contained) more at large it doth and may appear. Now the said A B as well for and in consideration of the summe of &c. to him in hand at and before the ensealing and delivery of these presents by the said C D, well and truly paid; whereof and wherewith &c. As also for divers other good causes and considerations him in this behalf specially moving, Hath granted, bargained, sold, aliened, assigned and set over, and by these presents doth fully, clearly and absolutely grant, bargaine, sell, alien, assigne and set over unto the said C D, aswell the said recited or mentioned Letters patents to him the said A B granted, as aforesaid, and the said Site and capitall Messuage of the said Manor of H. Lands, Meadowes, Feedings, Pastures, Demeasne Lands, Stock, and all and singular other the premisses thereby mentioned to be demised and granted, and [Page 158] every part and parcell thereof, with the appurtenances; As also all the estate, right, title, interest, terme of yeares yet to come and unexpired, reversion, possession, propertie, claim and demand whatsoever, which he the said A B now hath or had, or may, might, should or of right ought to have, or can or may claime and demand of, in or to the said Site and Capitall Messuage-Lands, and all and singular other the premises with the appurtenances, and of, in and to every part and parcell thereof, By force and vertue of the same Letters parents to him the said A B made and granted as aforesaid, or any thing therein contained, or otherwise howsoever: To have and to hold the said Site and capitall Messuage of the said Manor of H. Lands, Meadowes, Feedings, Pasture, Demesne Lands, and all and singular other the premises before recited, and in and by the said Letters patents to him the said A B mentioned to be demised and granted, and every part and parcell thereof with the appurtenances, (except before excepted) and all the said estate, right, title, interest, term of years yet to come and unexpired, reversion, possession, propertie, claim and demand whatsoever of him the said A B of, in and to the said premises, and of, in and to every part and parcell thereof with the appurtenances, unto the said C D his &c. to the onely proper use and behoof of him the said C D, and of his executors, administrators and assignes, from the ensealing and delivery of these presents, for, during and untill the full end and accomplishment of all the rest and residue yet to come and unexpired of the said term of 21 years by the said recited Letters patents to him the said C D granted as aforesaid, together with the same Letters patents.
And the said A B, for himself, his heirs, executors and administrators, and for every of them, doth covenant, promise and grant by these presents, Discharged of incumbrances. to and with the said C D. his executors, administrators and assignes, and to and with every of them, That the said Site and capitall Messuage of the Mannor of H, Lands, Meadowes, Feedings, Pasture, Demesne Lands, and all and singular other the premises herein before mentioned to be granted, bargained, sold, assigned and set over, and every part and parcell thereof with the appurtenances, now are and be, and on the fifteenth day of &c. shall be, and so from thenceforth from time to time and at all times for and during all the rest and residue yet to come and unexpired of the said term of one and twenty years, shall be and remain and continue unto the said C D. his excutors, administrators and assignes, free, clear and clearly acquitted, exonerated and discharged, or upon reasonable request saved and kept harmlesse of and from all and all manner of bargains, sales, gifts, grants, leases, assignements, mortgages, forfeitures, re-entries, rents, arrearages of rents, statutes, recognizances, judgments, extents, executions, and of and from all other charges, titles, troubles and encombrances whatsoever, had, made, committed or done, or hereafter to be had, made, committed or done by him the said A B. his executors or administrators, or by any other person or persons whatsoever claiming any thing in the premises in, by, from or under him, them or any of them, or by his, their or any of their assents, means, consents, titles, interest, act or procurement. The said yearly rent of seventeen pounds, and the covenants, clauses, conditions and agreements by and in the said recited [Page 160] Letters patents, contained or mentioned, which for or in respect of the premisses on the part and behalf of the said A B his executors, administrators or assignes, from and after the said fifteenth day of &c. shal grow due, and ought to be paid, done and performed, only except and foreprized.
And further A B for himself, his &c. doth covenant, promise and grant to and with the said C. D his &c. and to and with every of them by these presents in manner and form following; To pay the rent and shew acquittance testifying the payment therof. that is to say, that hee the said A B his executors, administrators and assignes or some of them, shall and will well and truly pay or cause to be paid unto our soveraign Lady the Queens Majestie that now is, her &c. the said yearly rent of 17. l. of &c. reserved, due and payable in and by the said recited Letters patents at the feast of St M. &c. at the receipt of her Highnesse Exchequer at VVestm. or to the hands of the Bailiffes or receivers of the premisses for the time being, or within thirty dayes next after either of the same feasts by even portions. And also he the said A B his executors or assignes, shall and will at either of the said feasts, or within the said thirty dayes then next after, deliver or cause to bee delivered unto the said C D his executors or assignes, at or &c. a Talley or acquittance testifying the due payment and receipt of the said rent accordingly.
And moreover the said A B for himself, his heirs, executors and administrators, doth covenant, Not to commit any wast, or do any act to make the Letters patents void. promise and grant to and with the said C D his executors, administratours, and assigns, and every of them in [Page 161] manner and form following, that is to say, that neither he the said A B his executors, administrators or assignes nor any of them shall or will at any time or times hereafter doe, cause, commit or suffer to be done any manner of wast or spoile upon the said site or capital messuage and other the premises by the said Letters patents demised or any parcel thereof; nor do, cause, commit or suffer to be done any act, demise or thing whatsoever, which shall or may be prejudicial or hurtful to the said Letters Patents, or the demise of the premises thereby made, or to the said term of yeares thereby granted or any of them, or whereby, or by reason whereof the said Letters Patents shall or may become void or frustrate, except it be by and with the speciall licence, consent and agreement of the said C D, his Executors or Assignes, or some of them in writing in that behalf first had and obteined under his or their hand and seal, or hands and seales.
And also that he the said A B his executors, administrators and assignes and every of them shall and will at all times hereafter, To perform the Covenants in the Letters patents. and from time to time until the said fifteenth day of &c. well and truly observe, perform, fulfil and keep all and every the Covenants, clauses, conditions and agreements which on his and their parts and behalves are or ought to be observed, performed, fulfilled and kept, conteined, mentioned, and expressed in the said recited Letters patents; and that in and by all things according to the tenor and true meaning of the same Letters patents.
Provided alwaies, that if the said A B his [Page 162] heirs, executors, administrators or assigns, or any of them do well and truly pay &c. (as in other provisoes for payment of mony) without covin, that then, and from thenceforth this present indenture, and the bargain, sale, and assignment of the premisses hereby made, and all and every covenant, grant, article and agreement herein contained on the part and behalf of him the said A B his executors or administrators to be performed and kept, shall cease, determine and bee utterly void, frustrate and of none effect.
And further, he the said C D doth by these presents covenant, promise and grant for himself his executors and administrators to and with the said A B his executors and administrators and every of them, To redeliver the Letters patents & Indenture upon payment of the money. that at and upon full payment had and made of the said summe of &c. on the said fifteenth day of &c. and at the place of payment aforesaid, hee the said C D his &c. or some or one of them shall and will redeliver, or cause to be redelivered unto the said A B his &c. making payment thereof, the said recited Letters patents safe, whole, and uncancelled, together with that part of these presents whereunto the said A B hath put his hand and seal.
And also that he the said A B his executors and assignes shal or may at all times hereafter, For quiet enjoying until the day of payment. and from time to time untill default of payment bee had or made of the said sum &c. conrary to the true meaning of the said proviso or condition, peaceably and quietly have, hold, occupie and enjoy the said site and capital messuage, lands, meadowes, feedings, pastures, [Page 163] stock, and all and singular other the premisses hereby granted, bargained, sold, assigned and set over, and every part and parcel thereof with the appurtenances, and the rents, issues and profits thereof have, receive and take to his and their own proper use and behoof, without the let, trouble, interruption or disturbance of him the said C D his executours or assignes, or of any other person or persons by his assent, meanes, consent or procurement.
And furthermore, the said A B doth covenant &c. in manner and forme following; that is to say, That if the said A B his executors, To depart from the tenement mortgaged, and to deliver possession to the mortgagee after default of payment. administrators and assignes, shall faile and make default of payment of the said summe of &c. or any parcell thereof at the day and place before limited for payment thereof, contrary to the true meaning of the said proviso or condition before mentioned, that then he the said A B his executors, administrators and assignes, and every of them and his and their servants, being thereunto required, shall and will immediately avoid, depart and go from the site and capital messuage, lands, meadows, feedings, pastures and all and singular other the premisses with their appurtenances herein before mentioned, to be hereby granted, bargained and sold, and every part and parcel thereof, and leave the use and occupation of the same, and bee no longer tenant or tenants, farmours or occupiers thereof or of any parcel thereof, by vertue of the said recited Letters patents, so to them granted as aforesaid, and then and there deliver, or cause to be delivered unto the said C D his executors, administrators or assignes ful, peaceable and quiet possession [Page 164] of and in the same site and capital messuage, and all and singular other the premises with the appurtenances, and of and in every part and parcel thereof, to hold to him the said C D his executors and assignes, according to the true meaning of these presents.
And also, that he the said C D his executors, administrators and assignes, and every of them, For quiet enjoying after default of payment made. for the said yearly rent of &c. and under the covenants, clauses, conditions and agreements by and in the said recited Letters patents reserved or mentioned on the tenants or farmors behalf, or in respect of the premisses to be paid, done and performed, shall or may from time to time and at all times from and after default of payment had and made of the said summe of &c. contrary to the true meaning of the proviso or condition aforesaid, for and during all the rest and residue which shall be then to come and unexpired of the said term of one and twenty yeares, by the said recited Letters patents granted, peaceably and quietly have, hold, use, occupie, possesse and enjoy the said site and capitall messuage, lands, tenements, meadowes, feedings, pastures, and all and singular other the premises herein before mentioned, to be granted, bargained, sold, assigned and set over, and every part and parcel thereof with the appurtenances; and the rents, issues, revenues and profits thereof, from time to time have, receive and take without the let, trouble, interruption, gainsaying, denial or disturbance of him the said A B his executors, administrators or assignes, or of any other person or persons whatsoever, claiming any thing in the premises, in, by, from or under him, them, or any of them, or [Page 165] by his, their or any of their assents, meanes, consents, title, interest, act, sufferance or procurement.
And lastly, the said A B for himself, his heires, executors and administrators, doth further covenant, For further assurance, after default of payment. promise and grant to and with the said A B his executors, administrators and assignes, and to and with every other person and persons now having or claiming, or which at any times hereafter during the term of 21 years shal or may have, claim, or pretend to have any manner of estate, right, title or interest of or into the said site and capital messuage and other the premises, or any parcel thereof, in, by, from or under them or any of them, shall and will at all times and from time to time from and after default of payment had and made of the said summe of &c. in the said proviso or condition mentioned, contrary to the true meaning of the said proviso or condition, for and during all the rest and residue which shall be then to come, and unexpired of the said term of one and twenty years, at the request, and at the cost and charges in the law of the said C D his executors or assignes, make, doe knowledge and execute, or cause and suffer to be made, done, knowledged and executed all and every such further lawfull and reasonable acts, things and devises in the law whatsoever, bee it by deed, conveyance, assurance, surrender, release, confirmation, or otherwise howsoever, for the further, better and perfecter assurance, surety, sure making and conveying of all and every the premises with the appurtenances unto the said C D his executours Administratours and Assignes to the onely [Page 166] proper use and behoofe of him the said CD his executors and assignes for and during all the rest and residue, which at the time of such request shall be come and unexpired of the said term of one and twenty yeares, by the said recited Letters patents granted, as by the said C D, his executors or assignes (at their charges) or their, or any of their learned Councel, shall be reasonably devised, advised or required.
In witnesse, &c.
A Bargaine and sale to the Queene of Lands, upon a Condition for the Redemption thereof.
THis INDENTURE made &c. Between the same our Sovereign Lady the Queenes Majestie of the one party and RT &c. of the other party, Witnesseth, That the said R T, for and in consideration of a certain competent summe of Lawfull English mo [...]y, to him in hand before the ensealing thereof paid; and for divers other good causes and considerations him in this behalf specially moving, hath granted, bargained, sold and confirmed, and by these presents doth grant, bargain, sell and confirm unto our said Sovereign Lady the Queen all those his Manors, Messuages, Lands, Tenements, Meadowes, Feedings, Pastures, Commons, and Hereditaments, with all and singular their, and every of their appurtenances situate, lying and being in C and F and B, and in every [Page 167] or any of them in the Countie of &c. and which late were the inheritance of F A or W A or of S D of high Treason Attainted, or of any of them. And also all and singular messuages, houses, edifices, buildings, barnes, stables, dove-houses, yards, orchards, gardens, lands, tenements, meadows, feedings, pastures, commons, fishings, wasts, heaths, furzes, moors, marshes, Court leets, liberties, profits of courts, & leets, priviledges, jurisdictions, profits, commodities, emoluments, and hereditaments whatsoever to the said manors, messuages, lands, tenements, hereditaments, and other the premises, before mentioned to be granted, bargained, or sold, or to any of them by any meanes belonging or appertaining, or with the same, or any of them, now, or at any time heretofore being, dedemised, let, used, occupied or enjoyed, or as member, part, or parcel of them, or of any of them, had, taken, accepted or reputed. And the reversion and reversions, remainder and remainders whatsoever of all and singular the said manors, messuages, lands, tenements, hereditaments and other the premises herein before mentioned to be granted, bargained, and sold, and of every part and parcel thereof, with the appurtenances. And also all the estate, right, title, interest, claim and demand whatsoever, which he the said R T hath or had, or may or ought to have or claim of, in and to the said manor, messuage, lands, tenements, and other the premises herein before mentioned to be granted, bargained, and sold, and of, in and to every part and parcel thereof, with the appurtenances, To have and to hold the said manors, messuages, lands, tenements, hereditaments, and all and singular other the premises herein before mentioned to be granted, bargained and sold, and every part and parcel thereof, with the appurtenances, unto [Page 168] our said Sovereign Lady the Queen her heires, successors and assignes for ever. To the only proper use and behoof of the same our Sovereign Lady the Queen her heires, successors and assignes for ever, Provided alwaies, that if the said R T, his heires, executors, administraters or assignes or any of them do or shall at any time or times hereafter well and truly content and pay, or cause to be contented or payd unto our said Sovereign Lady the Queens Majestie, her heires or successors, the summe of one hundred markes of &c. at one entire payment, at or in the receipt of the Exchequer of our said Sovereign Lady, her heires or successors at Westminster, That then, and immediately from and after such payment so had and made, this present Indenture and the grant, bargain and sale of the premises, and all assurances and inrolements thereupon had or made, shall cease, determine and be utterly void, frustrate and of none effect, to all intents, constructions and purposes, as if these presents had not beene had nor made. And that then, and from thenceforth it shall or may be lawful to and for the said R T his heires and assignes into the said manors, lands, tenements, hereditaments, and all other the premises herein before mentioned to be granted, bargained, and sold, and in every part and parcel thereof, with the appurtenances, wholy to re-enter, and the same to have again, enjoy and repossede, as in their or either of their first and former estate. This Indenture or any thing therein conteined to the contrary thereof in any wise notwithstanding.
In witnesse, &c.
A Grant of an annuity for the maintenance of an Alms-house, or of an Hospital.
THis INDENTƲRE made the &c. Between the Right honourable the Lord Burleigh of the one part, Edward Bushey &c. Francis Browne &c. Robert Winkfield &c. Thomas Cave &c. Henry Hall &c. John Wingfield &c. William Bedendyn &c. Thomas Harrington &c. Adam Claypole &c. and Matthew Robinson &c. on the other partie, Witnesseth, that whereas the said Lord B, of his honourable and charitable disposition for the relief and sustentation of poor and needy people, Is minded, and by Gods grace doth intend, at or before the feast of &c. next ensuing, to build and provide one hospital or Alms-house at or neare the South end of S in the County of &c. which said hospital, or alms-house the said Lord B doth ordein and appoint to be called or known by the name of Burgleighs Alms-house, and in the said Hospital, or Alms-house, there shall be maintained and relieved by Gods grace for ever 13 poor persons, whereof one to be the warden over the rest, which said 13 persons shall be from time to time chosen, placed, found, susteined and relieved in the same house with certain summes of mony weekly to be paid to them according to such directions, rules and ordinances, as by the said Lord B in writing under his hand and seal shall be in that behalfe made, prescribed or appointed. Now the said Lo. B having had honourable considerations of convenient [Page 170] and sufficient maintenance of the said persons to continuance for ever, Hath for the consideration aforesaid, and for the trust and confidence which hee hath and reposeth in the aforesaid E B, F B, R W, T C, H H. I W, W B, T H, A C and M R and their assignes hereafter mentioned; Given and granted, and by these presents (for him, his heires and assignes) doth give, grant, and confirm unto the said E B, F B &c. their heirs and assignes, one Annuitie or yearely Rent-charge of One hundred pounds of lawfull money &c. To be issuing, payable, going out, and yearly to be had, perceived, received and taken out of or upon all those the Messuages, Lands, Tenements and Hereditaments in the Park lately disparked, called Cliffe park, with the rights, members and appurtenances thereof in the Countie of M. And out of or upon all and singular Messuages, Lands, Tenements, Meadows, Feedings, Pastures and Hereditaments whatsoever to the said Messuages, and Tenements within the said Park, belonging, or in any wise appertaining, or which are occupied or used to or with the same as part or parcell thereof, or esteemed or taken as any part, parcell or member thereof, and out of or upon every or any part or parcell thereof. To have, hold, leavie, receive and enjoy the said Annuitie or yearly rent of One hundred pounds of lawfull money of &c. unto the said E B &c. their heirs and assignes for ever, at four usuall Feasts or terms of the year; That is to say, at the Feasts of &c. by even portions to be paid, to such person and persons, and at such place as the said Lo. B. shall in the Ordinance for the said Hospitall in writing-subscribed with his hand, name and appoint. And the said Lord B. for more certaintie and assurance for the true payment of the said Annuity or yearly [Page 171] rent, in manner and form aforesaid, Doth by these presents grant for him and his heirs, That if it shall happen the said Annuity or yearly rent to be behind unpaid in part or in all at the place aforesaid by the space of forty dayes next after or over any Feast day of paiment thereof aforesaid in which the same ought to be paid, That then and so often the said Lord B his heirs and assignes shall forfeit and pay to the said Ed. B. &c. their heires or assignes the summe of four Marks of &c. (nomine poenae) for every such default. And that then and at all times after it shall and may be lawfull to and for the said Edw. B. &c. their heires and assignes into the said Messuages, Lands, Tenements, Hereditaments and other the premisses with the appurtenances, and every or any part or parcell thereof to enter and distreine, as well for the said Annuity or yearly rent, as for such summ and summs of money so to be forfeited, (nomine poenae) if any shall be so forfeited as aforesaid, and the distresse or distresses there had or taken, to lead, drive and carry away, and the same with them to detain and keep untill the said Annuity or yearly rent, or summe of money so forfeited (nomine poenae) if any such shall be, and all arreages thereof shall be fully satisfied and paid. Of which said Annuitie or yearly rent the said Lo B. hath put the said E B &c. in full possession and seisin by the payment and delivery unto them of twentie shillings in the name of seisin, and in part of payment thereof, at the ensealing and deliverie of these presents, upon trust & confidence neverthelesse. And every of the said E B &c. severally for himself, his heirs and assignes doth covenant and grant to and with the said Lo. B, his heires and assignes by these presents, That they the said Ed. B. &c. their heirs and assignes from time [Page 172] to time, and at all times hereafter for evermore shall and will permit and suffer, and upon reasonable request, as hee shall require, sufficiently authorize the Bailiffe of the Lord B, or of his heires or assignes of his Mannor of S. in the Countie of N. for the time being, or such other person or persons as by the said Lord B. in or by any the said Rules or Ordinances by him to be made or set forth in writing under his hand and seal as aforesaid, shall be thereunto nominated, assigned or appointed; or in default thereof, such persons as the Vicar of St. M. in S. aforesaid for the time being shall name and appoint: To demand, leavie and receive the said Annuitie or yearely rent, and all and every summe and summes of money so to be forfeited and paid (nomine poenae) as aforesaid, and every part and parcell thereof from time to time, as the same shall grow or become due and payable; To the intent and purpose that the said Bailiffe, or such person or persons for the time being, as in or by the said Orders or Ordinances shall be nominated, assigned or appointed: Or in default thereof, such persons as shall be nominated by the said Vicar, shall and may dispose, imploy and pay the said Annuitie or yearly rent, summe or summes of money aforesaid, and every part and parcell thereof, for and towards the sustentation and maintenance of the said Almes-house, and such poore persons as from time to time shall be elected or appointed to be harboured and relieved in the same as aforesaid, in such sort, manner and form as in and by the said Orders or Ordinances shall be prescribed, limited or set downe, and to none other use, intent or purpose.
Excepting alwaies, That the money that shall [Page 173] be due (nomine poenae) shall be paid to the said Bailiffe, or other persons appointed to receive the fame, for his pains in distreining for the same.
And also every of the said E B, &c. severally for himself, his heirs and assignes, doth covenant and grant to and with the said Lord B. his heires and assignes by these presents, That they the said E B. &c. their heires and assignes or any of them shall not at any time or times hereafter make, do, commit, procure, cause, or assent to be done any act, deed, demise or thing whatsoever, whereby or by means whereof the said Annuity or yearely rent, summe and summes of money aforesaid, or any of them shall or may be avoyded, surrendred, extinguished, or in any manner incumbred; or whereby or by means whereof the same or any part or parcell thereof shall not or may not be disposed, imployed and paid in manner and form aforesaid, according to the true intent and meaning of these presents.
And further, the said Lord B. doth by these presents grant and agree for him and his heires, That it shall and may be lawfull to and for the said Warden with the twelve persons for the time being, on every first Sunday of every quarter of a year, when the said Lord B or his heires, or the Lady B Wife of the Lord B, or the Heire apparant of the Lord B shall keepe his or her residence at B, to goe to the Mannor house of the said Lord B, called B, in the said Countie of N. after the Feast of &c. now next coming, yearly, from thenceforth for ever: And there on every such first Sunday of every quarter shall dine together at one Table in the Hall, where they shall have two messe of meat, every messe of two dishes, one of pottage and boiled meat, and the other of roast, if it be no fasting day: [Page 174] And if it bee a fish day, then they shall have two like messes of white meat and fish, at the charges of the Lo. B or of his heir, if the Lo. B or his heire, or his wife or heir apparant shall be then there. And moreover the said Lo. B for the more certainty and assurance for the continuance, imploying and disposing of the said annuity or yearly rent according to his honourable intent and meaning herein expressed, doth by these presents further ordain and appoint, and doth repose his trust and confidence in all and every the person and persons aforesaid, their heirs and assignes, and every of the said E B &c. for himself his heirs and assignes, doth covenant and grant severally to and with the said Lo, B, his heirs and assigns, that from time to time hereafter when it shall happen that 5 or 6 of the said E &c. or 5 or 6 of any other person or persons to whom the said annuity or yearly rent shall at any time or times hereafter be granted, conveyed or assigned according to the true intent and meaning of these presents, shall be deceased or departed out of this mortal life, that then, and so often all such, and so many of them as shall so happen to survive, shall and will by sufficient and lawful conveyance and assurance in the law, upon the request of any the heirs of the said Lo. B or of &c. or of any one of them, grant, convey and assigne, or cause to be granted, conveyed and assigned the said annuity or yearly rent to so many other able, sufficient and worthy persons, inhabiting in the Countys of &c. to be named by the said persons surviving, or the more part of them as shall supply the number of the said grantees so deceased, To have and to hold to them, their heirs and assignes, to the use of the said persons surviving and of the others so named, and their heirs and assignes, upon such trust and confidence, and in such set manner and form to all intents and [Page 175] purposes as the said persons so surviving, and the others so named, their heires and assignes shal or may from time to time for ever succeed and be inhabited in the stead and place of all such and so many of the persons so deceasing, and together with the others of them surviving, to have, hold, receive, perceive, imploy and dispose the said annuitie or yearly rent, and every part and parcel therof according to the true intent and meaning of these presents, and of the said ordinances.
In witnesse, &c.
A bargain and sale of land mortgaged made from the mortgagee and the morgagor, before the day of redemtion, to another.
THis INDENTƲRE made &c. between H B and R H &c. and M C. of &c. of the one partie; and R S of &c. of the other partie, witnesseth, that whereas our said Soveraign Lady Elizabeth the Queens Majestie that now is, by her highness Letters patents under the great seal of England bearing date at Westminster &c. for the considerations therein mentioned and expressed, hath betaken, granted, and to farm letten unto the said M C all that the site and capital messuage of her Hignesse Mannor of Hardwich, with the rights, members, and appurtenances whatsoever, situate, lying and being within the Lordship of Chertsey, in her Highnesse County o [...] Ch. &c. and all &c. (the words verbatim in the [Page 176] Letters patents with the Habendum and Reddendum recited) as by the same Letters patents amongst divers covenants, clauses and agreements therein contained more at large it doth and may appear. And whereas also the said M C by her Indenture of assignment bearing date &c. for the considerations therein mentioned and expressed, Hath granted, bargained, sold, aliened, assigned and set over unto the said H B and R H as well the said recited or mentioned Letters patents to her the said M C granted as aforesaid, and the said Site and capitall Messuage of the said Mannor of H, lands, meadowes, feedings, pastures, demesne lands, stock, and all and singular other the premises thereby mentioned to be demised and granted, and every part and parcel thereof, with the appurtenances: As also all the estate, right, title, interest, term of yeares then to come and unexpired, reversion, possession, propertie, claime and demand whatsoever which she the said M C hath, or had, or may, might, should or ought to have, or can or may claime, challenge or demand of, in or to the said Site and capitall messuage, meadowes, feedings, pastures, demesne lands, stock, and all and singular other the premises with the appurtenances, and of, in and to every part and parcell thereof, by force and vertue of the same Letters patents to her the said M C made and granted as aforesaid, or any thing therein contained or otherwise howsoever: To have and to hold the said Site and capitall messuage, &c. (as in the Indenture of Mortgage) unto the said H B and R H, their executors, administrators and assignes, to the only proper use and behoof of them the said H B and R H, their executors, administrators and assignes, from the ensealing and delivery of the same Indenture of Assignment, for, during, and [Page 177] untill the full end and accomplishment of all the rest and residue then to come and unexpired of the said term of 21 years by the said recited Letters patents to her the said M C granted as aforesaid, together with the same Letters patents.
In which said Indenture of Assignement, there is a certaine proviso or condition conteined in these words, or to this effect following; That is to say, Provided alwaies, that if the said M C, her heires, executors, administrators or assignes, or any of them doe well and truely content and pay, or cause &c. (verbatim as in the Assignement) as by the same Indenture of assignement (amongst divers other covenants, grants, articles, clauses and agreements therein contained) more at large also it doth and may appear. Now this Indenture further witnesseth, That for and in consideration of the sum of 650 pounds of good &c. to her the said M C in hand, at and before the ensealing and deliverie of these presents by the said R S well and truly paid, whereof and wherewith shee the said M C, and the said H B and R H acknowledg themselves fully satisfied and paid; and thereof &c. they the said H B and R H have bargained, sold, assigned and set over, and by these presents do &c. unto the said R S. the said recited Letters patents, and all the said Site and capitall messuage of the said Mannor of H. Lands, Meadowes, Feedings, Pastures, Demesne lands, Stock, and all and singular other the premisses with the appurtenances thereby mentioned to be demised and granted to the said M C, and every part and parcell thereof, as also all the estate, right, title, interest, term of years yet to come and unexpired, reversion, possession, property, claim and demand whatsoever, which they the said H B and R H or either of them [Page 178] have, or hath, or may, might, should or ought to have of, in or to the said Site or capitall Messuages and other the premises with the appurtenances, and of, in and to every part and parcell thereof, by force and vertue of the said Indenture of assignment before rehearsed, or any thing therein contained, together with the same Indenture of Assignement. To have and to hold the said Letters patents, and the said Site and capitall messuage of the said Manor of H, lands, meadowes, feedings, pastures, demesne lands, stock, and all and singular other the premises by the said Letters patents demised, and every part and parcel thereof with the appurtenances (except before excepted) and all the said estate, right, title, interest, term of years yet to come and unexpired, reversion, possession, propertie, claim and demand whatsoever of them the said H B and R H and of either of them, of, in and to the same premises, and of, in and to every part and parcel thereof with the appurtenances, unto the said R S his &c. in such like, and in as large and ample manner and form, to all intents and purposes as they the said H B and R H or either of them have or hath, or may or ought to have and enjoy the same premises, by force and vertue of the same Indenture of Assignement to them the said H B and R H made and granted as aforesaid, or any thing therein contained; together with the same Indenture of Assignment.
And also the said M Cooke, for the consideration aforesaid, Hath granted, bargained, sold, aliened, assigned and set over, and by these presents doth fully, clearely and absolutely grant unto the said R S the said recited Letters patents to her the said M C made and granted as aforesaid, and the said Site and capitall messuage of the said Manor [Page 179] of H, Lands, Meadows, feedings, pastures, demesne Lands, stock, and all and singular other the premises by the same Letters parents mentioned to be demised and granted, and every part and parcel thereof with the appurtenances: And further the said M C for the consideartion aforesaid, Confirmation. doth by these presents for her, her &c. ratifie and confirm the said bargain, sale and assignment, hereby made of the premises by the said H B & R H to the said R S as aforesaid, and the estate & interest of the said R S in & to the same and every parcel thereof. And also remise, release and quit claim unto the said R S his &c. the said proviso or conditon before mentioned in the said Indenture of assignment conteined, Release. concerning the redemption of the premisses from the said H B and R H as aforesaid, and all and every covenant, clause, article and agreement touching the same; and also all the estate, right, title, interest, term of years yet to come and unexpired, reversion, possession, propertie, claim, condition, entry, benefit and demand whatsoever which shee the said M C hath or had, or may, might should, or of right ought to have, and can or may claim of, in or to the said site and capital messuage of the Manor of H, lands, meadowes, feedings, pastures, demeasne lands, stocks, and all and singular other the premisses by the said Letters patents mentioned to be demised and granted, and in and to every or any part or parcel thereof with their appurtenances whatsoever by force and vertue of the same Letters patents or of the said indenture of assignment, or the said proviso or condition therein contained, or either of them, or by any other wayes or means whatsoever, or otherwise whatsoever; To have and to [Page 180] hold the said Site and capitall Messuage of the said Manor of H. lands, &c. and all and singular other the premises in and by the said Letters patents to her the said M C mentioned to be demised and granted, and every part and parcell thereof, with the appurtenances (except before excepted) and all the said estate, right, title, interest, term of years yet to come and unexpired, reversion, possession, propertie, claime and demand whatsoever of her the said M C, of, in and to the same premisses, and every part and parcell thereof with the appurtenances unto the said R S, his executors, administrators and assignes, to the onely use and behoof of him the said R S, his executors, administrators and assignes, from the ensealing and delivery of these presents, for, during, and untill the full end and accomplishment of all the rest and residue yet to come and unexpired of the said term of twentie one years by the said recited Letters patents granted, absolutely without any manner of condition, proviso or redemption, or other reclaim or demand whatsoever.
And the said H B, for himself, his heirs, executors and administrators, doth covenant, For quiet enjoying discharged from incumbrances. promise and grant to and with the said R S &c. and to and with every of them by these presents, In manner and form following; That is to say, that hee the said R S his executors and assignes, and every of them, for and under the rent, covenants, clauses and agreements in and by the said Letters patents for the premises reserved and mentioned on the part and behalf of the said M C, her executors and assigns, to be paid, done and performed, shall or may at all times hereafter, and from time to time for and during [Page 181] all the rest and residue yet to come and unexpired of the said term of one and twenty years by the said Letters patents granted, peaceably and quietly have, hold, use, occupie, possesse and enjoy the said Site and capitall Messuage, &c. and all and singular other the premisses herein before mentioned to be granted, bargained, sold, assigned and set over, and every part and parcell thereof with their appurtenances, without the let, interruption or disturbance of him the said H B. or of any other person or persons by his means or procurement. And that the same premisses and every part and parcell thereof with the appurtenances now are and be, and so at all times hereafter, and from time to time shall remaine and continue unto the said R S. his executors and assignes, free and clearly acquitted, exoncrated and discharged, saved and kept harmlesse of and from all and all manner of former bargains &c. had, made, committed or done by him the said H B. or by any other person or persons by his assent, meanes or procurement. The rents, covenants, clauses and agreements in and by the said Letters patents before recited, reserved or mentioned, which on the part and behalf of the said M C. her executors or assigns from henceforth for or in respect of the premisses are or ought to be paid, done and performed, and the covenants, clauses and agreements in the said recited Indenture of assignment expressed and contained, which on the part and behalf of the said H B and R H. their executors &c. or either or any of them are or ought to be observed, performed, fulfilled and kept, onely except and foreprized. The like for R H.
And the said R S doth covenant, &c. To and with the said H B and R H, their executors, administrators and assigns, and every of them, at all [Page 182] times hereafter, For discharging the rent to the Queen. and from time to time cleerly to acquit, exonerate, and discharge, or otherwise sufficiently to save and keep harmelesse the said H B and R H, their executors, administrators and assignes, and every of them, as wel against our said Soveraigne Lady the Queene, her heires and successors, as against all and every person and persons whatsoever, of, for and concerning the said rents, covenants, clauses and agreements before mentioned and excepted, and of and from all actions, suits, charges, troubles, incumbrances and demands whatsoever, which for or by reason thereof at any time or times hereafter, can or may come, grow or bee to or against the said H B and R H their executors, administrators or assignes, or any of them.
(A Covenant for quiet enjoying discharged of incumbrances from M C as from H B. Another Covenant from R S to M C for discharging the rent to the Queene, as is last before to H B and R H.)
And lastly, the said M C doth covenant &c. to and with the said R S &c. That shee the said M C her executors and administrators, shall and will at all time and times hereafter for and during the space of two years next ensuing the date hereof, For further assurance. at the reasonable request, and at the costs and charges in the Law of the said R S his executors or assignes do, make and execute, or cause to be done, made and executed all and every such further lawfull and reasonable acts, things and devises in the law whatsoever for the discharge of any covenant, clause or agreement in the said recited indenture of assignment, mentioned and [Page 183] contained, wherewith the said R S his executorr or administratours, as assignee or assignes, of, o [...] to the said H B and R H, or either of them, can or may bee charged, or chargable, and for the extinguishing of the said proviso or condition in the said indenture of Assignment contained, and of all such estate and interest as shee the said M C her executours or administratours now hath or shall, can or may by any means have, claime or pretend to have in or to the premises, or any parcel thereof; and for the further, better and more perfect assurance, surety, sure making and conveying of the said site and capital messuage and other the premises and of every part and parcel thereof unto the said R S his executors and assignes, for and during all the rest and residue of the said Terme of one and twenty years, which at the time of the making of any such further assurance, or doing any such act, shall be to come and unexpired, as by the said R S his &c. or his or their learned Councel shall be reasonably advised or required. Godfrey.
In witnesse, &c.
A Bargaine and sale upon condition made to Feoffees in trust.
THis INDENTURE tripartite, made &c. between Sir H H &c. of the first part, R L and G L of the second part; and E T and G B of the third part, Witnesseth, that the said Sir H H, R L and G L, for the considerations herein after mentioned, [Page 184] have granted enfeoffed and confirmed and by these presents doe fully, clearly and absolutely grant, enfeoffe, confirm and deliver unto the E T and G B, all that the Manor or Lordship of E in the County of L with all and singular the other rights, members and appurtenances of the same. And also all and singular the messuages, cottages, lands, tenements, meadows, pastures, feedings, rents, reversions, services, heaths, moors, commons, closes, Woods, underwoods, wasts, waifes, straies, escheats, wards, Court-leets, perquisites of Courts, royalties, profits and hereditaments, with the appurtenances to the same Mannor or Lordship belonging, or in any wise appertaining, or which now be or at any time heretofore within the space of thirty yeares now last past have been used, reputed, accepted, known, occupied, let or set, as part, parcel, right, or member of the said Manor or Lordship. And also, all and singular other the Manors, messuages, lands, tenements, rents, reversions, services, and hereditaments, situate, lying and being in E and E in the County of L, or in either of them, which at any time heretofore were the possession or inheritance of Sir J H deceased, Father of the said Sir H. And also, all that the Advowson and Patronage of the Parish-Church of E aforesaid, And all and singular the rents and yearely profits whatsoever, reserved upon any demise or grant heretofore made or granted of the premises, or of any part or parcel thereof. And the reversion and reversions whatsoever of all and singular the same premises and of every parcel thereof. And also the said H H R L and G L for the considerations herein after mentioned have granted, assigned and confirmed, and by these presents [Page 185] do &c. unto the said E T and G B all the estate, right, title, interest, use and possession whatsoever, which they the said Sir H R and G and every or any of them have or hath, or may, might, should, or of right ought to to have or claim, of, in or to the said Mannor or Lordship, and all other the premises herein before mentioned to be granted, enfeoffed, assigned and confirmed, and of, in and to every part and parcel thereof with the appurtenances, Together with all and all manner of deeds, evidences, charters, writings, escripts and minuments, which they and every or any of them have or hath touching or concerning only the premises or only any part or parcel thereof. To have and to hold the said Manor, or Lordship of E, Manors, Messuages, Lands, Tenements, Rents, Reversions, Services, Hereditaments and all and singular other the premises herein before mentioned to be hereby granted or conveyed, and every parcel thereof with the appurtenances unto the said E T and G B and their heirs, to the only uses, intents, provisoes, conditions and limitations hereafter specified and declared, and to none other use intent or purpose, That is to say, to the only use and behoof of the said R L and G L and of their heires and assignes for ever, with, and upon the condition herefafter specified and declared: that is to say,
Provided alwaies, that if the said Sir H H &c. do well and truly satisfie, content and pay or cause to be contented, satisfied or paid unto the said R L and G L &c. the full summe of four thousand eight hundred li. of good &c. at or within &c. at or upon the 2 day of M. 1601 without fraud or covin, that then from & after the said payment so made, the [Page 186] use and uses in or by these present Indentures, had, made or limited to the said R L and G L, their and either of their heires, and assignes. And also all and every estate which hereupon or by reason hereof or any thing herein mentioned is or shall be limited, vested or executed in or to the said R L and G L their heires and assignes or any of them, shall cease, determine & be utterly void and of none effect, any thing in these presents conteined to the contrary thereof in any wise notwithstanding. And that then and immediately from and after the said payment had or made to the said R L and G L their or either of their heirs, executors, administrators or assignes or any of them of the said summe of 4800 li. of &c. in manner and form as is afore expressed, declared and apppointed, the said grant, feoffement, conveyance and assurance and all and every other act or thing which after the date of these presents, and before the said second day of June 1601 shall be had or made by or unto any of the said parties, or by their or any of their meanes or privity, or whereunto they, or any of them shal be partie or parties, shall be, and shall be deemed and taken to be. And the said E T and G B and their heirs and and all and every other person and persons, and their heires that then shall stand and be seized of the said Manor and other the premises, or any of them shall stand and be seized thereof, and of every part & parcel thereof to the only proper use and behoof of the said Sir H H and of his heires and assignes for ever, and to none other use, behoof, intent, or purpose.
And it is further agreed by and between the said parties to these presents, That the said Sir H H doth covenant &c. to and with &c. that if the said Sir H H Knight, his heirs, The Indenture & use therein limited to be absolute for non payment▪ of the mony mentioned in the proviso. executors, administrators, or assigns [Page 187] nor any of them, do not pay nor cause to be paid to the said R L and G L their nor either of their executors, administrators or assignes nor to any of them the said summe of 4800 li. and every part thereof in manner and form abovesaid, but shall make default in payment of the sum, or any part thereof, That then and from thenceforth this present grant, feoffement and conveyance of the premises, and the said use before herein and hereby limited to the said R L and G L and their heires shall stand, remain and be; and that then also, and at all times from thenceforth all the said Manors, lands, tenements, hereditaments and all other the premises, with all and singular their appurtenances shall be and remain for ever, to them the said R L and G L their heires and assignes absolutely, without any condition or other limitation.
And the said R L and G L for themselves their and either of their &c. and for every of them do covenant, Not to do any act to hinder the rising of the use limited in the Indenture, and for quiet enjoying, and making further assurance upon payment of the mony mentioned in the proviso. promise and grant by these presents to and with &c. in manner and form following, that is to say, that neither they the said R L and G L nor any of them, their nor any of their heires, nor any of them, nor any other person or persons, by their, or any of their procurement, meanes or assent, shal or will do, commit or wittingly and willingly suffer any act or thing whereby, or by meanes whereof there shall or may ensue or happen any let or hinderance to the rising or vesting of the said use herein limited [Page 188] to the said Sir H H and his heirs by the payment of the said foure thousand eight hundred pounds, according to the intent, purport and true meaning of the said condition or proviso. And that in case the said Sir H H his heires, executours, administratours or assignes, or any of them do well and truly satisfie, content, or pay, or cause to be satisfied, contented or paid unto the said R L and G L or either of them or the heires, executours, administratours of assignes of them or either of them the said summe of 4800 l. at or upon the said second day of M. 1601. according to the true intent and meaning of the said proviso or condition, that then the said Sir H H his &c. and every of them, shall or may from thenceforth for ever have, hold, and enjoy all the said Manor or Lordship, lands and tenements, with all and singular their appurtenances to his and their owne proper use and behoofe, without any let, trouble, incumbrance or interruption of or by the said R L and G L or either of them, their, or either of their &c. or any of them, or of any other person or persons by or with their, or any of their meanes, act, assent or procurement.
And that then also the said R L and G L their and either of their heirs and assignes, and all others which then and at any time then after shall have, For further assurance. or rightfully claim to have any lawful estate, right, title or interest of, in or to the said Mannor or Lordship, lands, tenements and hereditaments, or any part or parcel thereof, by, from, or under the said R L and G L or either of them, shall and will at all and every time and times, from and after such payment had and made to the said R and G, or either of them, or the executors, administrators or [Page 189] assignes of them, or of either of them of the said summe of foure thousand eight hundred pounds of &c. in manner and [...]me as aforesaid, for and during the space of three yeares then next ensuing, at and upon reasonable request to them, or either of them to be made, and at the onely costs and charges in Law of the said Sir H H his heires or assignes, or some of them, make, doe, acknowledge, suffer and execute in the cities of L. and W or either of them unto the said Sir H H his heires or assignes for ever, all and every such further lawful and reasonable act and acts, thing and things, assurance and assurances, conveyance and conveyances in the law whatsoever, with warrantie onely against themselves and their heires, or else without warranty, for the better, more perfect, sure, and absolute making and assuring of all and singular the said Mannor or Lordship, lands, tenements, hereditaments and other the premisses with the appurtenances unto the said Sir H H his heires and assignes, be it by fine, feoffment, recovery or recoveries, deede or deeds, enrolled or not enrolled enrollment of these presents, release, confirmation, or by all or any of them, or otherwise by any other lawfull and reasonable act or demise, as shall bee reasonably devised or advised by the Learned Councell of the said Sir H H his heires or Assignes.
And also that hee the same Sir H H his executors, That the mortgager shall enjoy the issues and profits of the lands, until the day of payment. administrators and assignes, and every of them, doing nor committing any voluntarie waste above the value of ten pounds of &c. shall or may at all times [Page 190] from henceforth, until the second day of M. 1601. without the let, trouble, vexation or interruption of or by them the said R L and G L or either of them, their or either of their heirs or assignes or of any of them, or of any other rightfully claiming from, by or under them or any of them, peaceably and quietly have, take, receive, perceive and enjoy the rents, issues and profits of all and singular the said Manor or Lordship, lands and tenements and other the premises before herein mentioned to be hereby granted and conveyed, and every part and parcell thereof without any accompt to be made or yeilded unto the said R L and G L or either of them, their or either of their heirs &c. of or for the same. This indenture, or any thing therein contained to the contrary thereof in any wise notwithstanding. And that neither the said R L and G L, their heires or assignes, nor any of them, shall nor will take any of the rents, issues, revenues or profits of any the premises, or any part thereof which shall grow, arise or come in or out of the premises, or any part or parcell thereof before the said second day of M. 1601.
And it is further covenanted, concluded and agreed by and betweene the said parties to these presents, That the Mortgagee shall pay more for the cleer purchase of the land so mortgaged and being forfeited. and the true intent and meaning of the same parties to these presents is, and the said R L and G L do by these presents fruther covenant &c. to and with &c. that if the said Sir H H Knight, his heires nor assignes, nor any of them do not pay nor cause to be paid unto the said R L and G L their heirs, executors, administrators or assignes, nor to any of them the said sum of [Page 191] 4800 l. of &c. in manner and forme as is before limited and appointed for the payment of the same, whereby the said estate of the said R L and G L shall become absolute, that then the said R L and G L their &c. or some of them, shall and wil well and truly content and pay, or cause to be paid unto the said Sir H H his &c. or some of them at or in &c. the sum of one thousand pounds of &c. at or upon the second day of M. 1601. as the residue and full satisfaction of the cleere and absolute purchase of the said manor or Lordship, lands, tenements and other the premisses (without fraud, covin, or further delay) unto them the said R L and G L their heires and assignes to the proper use and behoofe of them the said R and G their heires and assignes for ever.
And the said Sir H H doth covenant &c. to and with the said R L and G L &c. that if he the said Sir H H his heires, executours, administrators nor assignes, To relinquish possession after default of payment of the sum contained in the proviso. nor any of them do not well and truly pay or cause to be paid unto the said R L and G L nor to the heirs, executors, administrators or assignes of them nor any of them the said sum of 4800 pounds of &c. before mentioned in manner and form as aforesaid, according to the intent and true meaning of the said proviso or condition before herein expressed, that then hee the said Sir H H Knight, his tenants, farmours, and assignes, and every of them (other then such as be hereafter excepted) shall and will deliver, leave, yeild up and relinquish unto the said R L and G L their heires or assignes, or the survivors or survivor of them the peaceable and quiet possession of the said Manor or Lordship, [Page 192] and of all other the premises with the appurtenances, without any let, trouble, contradiction or gainsaying, and that then also hee the said Sir H H his heites and assignes, and Dame R his wife, Further assurance. and all and every other person and persons now having, or rightfully claiming, or which at any time or times hereafter shall or may lawfully have, claime or pretend to have any manner of estate, right, title, use, interest, condition or possession of, in or to the said Manor or Lordship, and other the premisses, or any part thereof, other then such person and persons, whose estates, interests and termes are excepted in one former Indenture, bearing date &c. made between the said Sir H H of the one partie, and the said R L and G L on the other partie, for and in respect only of their leases and termes by and in the said last mentioned indenture excepted, shall and will at all and every time and and times, from and after such default of payment had or made of the said summe of four thousand eight hundred pounds, for and during the space of seven yeares thence next ensuing, at and upon reasonable request to him, her or them to bee made, and at the only cost and charges in the law of the said R L and G L or any of them, or the heires or assignes of them, or of one of them, make, doe, &c. (as in other like covenants &c.
And that the said R L and G L, their and either of their heirs and assignes and every of them, For quiet enjoying. and all and every person and persons which at any time or times after the said default of payment of the said sum of four thousand pounds of &c. had and made as aforesaid, shall have any [Page 193] estate, right, title or interest, of, in or to the said Manor or Lordship, manors, lands, tenements or other the premisses or any part thereof, by, from or under the said R L and G L their heirs or assignes or any of them, shall or may at all times from and after the said default of payment of the said sum of &c. had or made, for ever peaceably and quietly have, hold, occupie and enjoy all the said manors or Lordship, manors, lands, tenements and other the premises without any let, trouble, vexation or interruption of or by the said Sir H H his heires or assignes, or any of them, or of or by any other person or persons whatsoever, (except as in and by the said indenture of bargain and sale bearing date the said &c. made betweene the said Sir H H of the one partie, and the said R L and G L of the other partie, for and in respect only of the estates and interest in and by the same indenture excepted.)
And lastly, the said R L and G L do by these presents further covenant &c. to and with the said Sir H H &c. that in case the said Sir H H his heires, To deliver up a statute upon payment of the money mentioned in the proviso. executors, administratours or assignes, or any of them, do well and truly pay, or couse to be paid unto the said R L and G L or one of them, or to the heires, executors, administrators or assignes of them, or of one of them the said sum of 4800 l. of &c. on the said second day of M. 1601 at or &c. according to the purport, intent and true meaning of the said proviso or condition without fraud or c [...]vin, that then they the said R L and G L or one of them, their or either of their heirs, executors administrators or assignes, or some or one of them, [Page 194] shall and will within convenient time, after the said payment so had and made, deliver or cause to be delivered to the said Sir H H his &c. at or &c. one writing obligatorie or recognizance in the nature of a statute staple, bearing date &c. taken, sealed and acknowledged before &c. wherein the said Sir H H is and standeth bound unto the said R L in the summe of &c. to be cancelled and made void.
And further the said Sir H H Knight, R L and G L have made, ordained, constituted, A Letter of Attorney to deliver possession. & in their stead and place by these presents have put and authorized A B and C D their true and lawfull atturnies joyntly and severally for them, and in their names to enter into the said Manor or Lordship, and other the premisses, and into every or any part thereof in the name of the whole, and possession and seisin therof, or of every or any part or parcel thereof in the name of the whole, in their names and to their use, to take, and after such possession and seizen thereof and of every or any parcel thereof so had and taken, to deliver ful and peaceable possession and seisin therof to the said E T and G B, To have and to hold to the same E T and G B according to the limitations, uses, provisoes and conditions before herein expressed, and according to the tenour, purport, effect and true meaning of this present indenture tripartite, holding firme and stable all that and whatsoever their said atturnies or either of them, shall do or cause to be done in or about the premisses by these presents.
And that the said fourth day of M. in the &c. peaceable and quiet possession and seisin of the manors, Delivery of possession. messuages, lands, tenements and hereditaments [Page 195] in E and F within specified was taken, had and delivered by the atturnies within named, to the within named E T and G B, according to the tenour and true meaning of this present Indenture, to the uses, provisoes, conditions and limitations mentioned in the same Indenture, in the presence of those whose names be subscribed.
Memorand. likewise, that the day and year abovesaid A B. C D. E F. &c. did agree to this present grant within written, and did severally atturn tenants to the said E T and G B according to this present grant in the presence of those whose names are subscribed; Atturnament.
An Indenture of bargain and sale absolute.
THis Indenture made &c. between Sir R M of &c. of the one partie, and R L and G L of the other party, Witnesseth, that the said Sir R M for and in consideration of the sum of six hundred pound &c. to him in hand at and before the ensealing and delivery of these presents by the said R L and G L. well and truly paid, whereof and wherewith he acknowledgeth himself fully satisfied and paid, and thereof and of every part and parcell thereof doth cleerly acquit, Forster councel. exonerate & discharge the said R L and G L their and either of their heires executours and administrators and every of them for ever by these presents [Page 196] hath given and granted, bargained, sold and confirmed, and by these presents doth fully, cleerly and absolutely give grant, bargain, sell and confirme unto the said R L and G L their heires and assignes for ever, all that the mannor and Lordship of C. in the Countie of Nott. with all and singular the rights, members, liberties, priviledges, royalties and appurtenances thereof whatsoever. And all that the rectory and parsonage of C aforesaid with all glebe lands, tythes of corne, graine and hay, oblations, obventions, fruits, profits and commodities whatsoever, of what nature, kind, or quality soever they bee, or by whatsoever name or names they are called or known to the said Rectory and parsonage incident, belonging, or appertaining, or reputed or known to be part or parcell, or member thereof, or to or with the same now or at any time heretofore usually occupied or enjoyed, coming, growing, renewing, and increasing within C and S in the County of N, and the advowson, gift, free disposition and right of patronage of the Vicarage and Church of C aforesaid with the appurtenances in the said County of N.
And also all and singular messuages, Generall wordes. mills, houses, edifices, buildings, barnes, stables, dovehouses, yards, ortchards, gardens, lands, tenements, meadowes, feedings, pastures, leasowes, commons, wast grounds, heathes, furzes, moores, marshes, woods, underwoods, waies, waters, fishings, fishing places, streams, rivers, bankes, ponds, rents, reversions, services, courts and leets, view of frank pledge, perquisits and profits of Courts and leets, and all that to court leets, and view of frank pledg doth belong or appertain, goods and chattels wayved and estraied, goods & chattels of felons and [Page 197] fugitives, felons of themselvs, & of persons outlawed, fees, wards, marriages, escheats, reliefs, herriots, fines, amerciaments, liberties, priviledges, and all other profits, commodities, advantages, emoluments and hereditaments whatsoever to the said Manor and Lordship, rectory and other the premisses herein before mentioned, meant, or intended to be hereby given, granted, bargained and sold, and to every or any of them by any means belonging or appertaining, or with the same or any of them, as part, parcel or member therof, now or at any time heretofore being devised, let, used, occupied, reputed or enjoyed with all and singular their appurtenances; and also all and singular messuages, lands, tenements, rents, reversions, services and hereditaments whatsoever of him the said R M in C and S aforesaid, and in H and S in the said County of N and in every or any of them. And also all and singular Rents and yearly profits whatsoever, reserved upon any demise, lease or grant, demises, leases or grants heretofore made or granted of the premisses, or of any part or parcell thereof. And the reversion and reversions, remainder and remainders of all and singular the premisses and of every part and parcell thereof. And also the said R M for the consideration aforesaid, hath granted, bargained and sold, and by these presents doth fully and clearly grant, bargain and sell unto the said R L and G L their heires and assignes for ever, all the estate, right, title, interest, use, possession, reversion, remainder, propertie, condition, claim and demand whatsoever which he the said R M hath or had, or shall, should, may, might, or of right ought to have or claim of, in or to the said Mannor and Lordship of C. Rectory, advowson, messuages, lands, tenements, hereditaments and all and singular other the premises with [Page 198] the appurtenances before in and by these presents granted, bargained and sold, or of, in or to any part or parcel thereof. Habendum. To have and to hold all the said Manor & Lordship, Rectory, Advowson, messuages, lands, tenements, meadows, feedings, pastures, commons, rents, reversions, fines, hereditaments and all and singular other the premises herein before mentioned, meant or intended to be hereby given, granted, bargained and sold & every part and parcel thereof, with all & singular their rights, members and appurtenances unto the said R L and G L their heirs and assignes to the only proper use and behoof of them the said R L and G L and of their heirs and assigns for ever. And the said R M and his heirs the said Manor &c. Warranty. (ut in aliis warrant. &c.)
In witnesse, &c.
An Indenture of Covenants to the former Indenture, whereupon a Recovery is passed.
THis INDENTURE made the &c. Between Sir R M of &c. of the one part, and R L &c. and G L of the other party. Whereas the said R M by an Indenture of Bargain and sale bearing date hereof and sealed and delivered with these presents, for the consideration in the said Indenture mentioned and expressed, give, grant, bargain, sell and confirm [Page 199] unto the said R L and G L their heirs and assignes for ever, all that the Manor and Lordship of C &c (So reciting the Lands verbatim all to the general words) and divers other lands and tenements, Leave out the general words. as by the same Indenture of bargain and sale amongst other covenants, grants, and agreements therein conteined, more at large it doth and may appear. Now, this Indenture witnesseth, that the said R M for the consideration in the said Indenture of bargain and sale mentioned hath bargained and sold, and by these presents doth bargain and sell unto the said R L and G L their heirs and assignes for ever, All and all manner of deeds, evidences, charters, writers, For delivery of Evidences. escripts Court Rolls, books of survey, books of accompt, rentals, counterpart of Leases, terrours, boundaries and minuments whatsoever, any wayes touching or concerning the said Manor and Lordship, Rectory, Advowson, Messuages, Lands, Tenements and other the premises with the appurtenances, or any part or parcel thereof. All which the said deeds, evidences, charters, writings, escripts, common rolls, books of survey, books of accompt, rentals, counterparts of leases, terrors, boundaries, and minuments before mentioned, or so many of them as now be in the hands, custody or possession of the said R M, or of any other person or persons to his use, or by his delivery, or which he knowing where they are, may lawfully get or come by without suit in the Law, together with true copies of all deeds, evidences, writings, and minuments, as do touch or concern the premises or any part or parcel thereof, joyntly with any other lands & tenements, the same copies to be written and copied out [...]t the cost and [Page 200] charges of the said R L and G L their &c. The said R M for himself his &c. doth covenant &c. To and with the said R L and G L, their and either of their heires and assignes, and every of them by these presents, to deliver or cause to be delivered unto the said R L and G L their heires and assignes, or to some of them, on this side and before the Feast of &c. whole, safe and undefaced. And the said R M doth Covenant &c. in manner and form following viz. For being seized. That he the said R M at the time of then sealing and delivery of these presents, is and standeth, and so untill a good and lawful estate shall be vested and executed in the said R L and G L and their heires according to the intent and true meaning of these presents, shall be and stand and be the very true, sole, lawfull and perfect owner, and rightfully and absolutely seized of the said Manor and Lordship, and of all and singular other the premises with the appurtenances in the said Indenture mentioned, meant or intended to be thereby given, granted, bargained and sold in his demeasne, as of fee simple, in fee tail generall, to his own proper use and behoof without any manner of condition or any limitation of any use or uses, to alter, change, or determine the same. And that there is not, No reversion in the King. nor before the executing or vesting of the said estate shall there be any reversion or remainder thereof or of any part or parcel thereof in our said Sovereign Lord the King, or in any other person or persons. And also that he the said R M now hath, and until the executing and vesting of the said estate shall have full power, lawful and rightful [Page 101] authority to convey and assure the said Manor and Lordship, rectory, advowson, messuages, lands, tenements, hereditaments, and all and singular the above mentioned bargained premises with the appurtenances unto the said R L and G L their heirs and assignes for ever in form aforesaid. And also that the said Manor and Lordship and other the premises nor any part or parcel thereof are holden of our said Sovereign Lord the King his heirs or successors in Capite. And the said R M doth covenant &c. that the said Manor & Lordship, Rectory, Discharged of incumbrances. Advowson, Messuages, Lands, Tenements and all and singular other the premises before by the said Indenture given, granted, bargained and sold, or meant, mentioned or intended to be thereby given, granted, bargained and sold, and every part and parcel thereof with the appurtenances at the ensealing and delivery of these presents, are and be, and so at all times hereafter for ever shall be, remaine and continue unto the said R L and G L their heires and assignes free and clearly acquitted, exonerated and discharged, or otherwise well and sufficiently saved and kept harmlesse of and from all and all manner of bargaines, sales, gifts, grants, leases, joyntures, dowers, annuities, statutes merchant and of the staple, recognizances, uses, wils, entalles, fines for alienation without lycence, post-fines, rents charge, rents secke, arrearages of rents, amerciments, intrusions, primer szisins, condemnations, judgements, extents, executions, claims, duties, debts of record, debts to the Kings Majesty, and of, and from all other charges, estates, titles, troubles, incumbrances and demands whatsoever had, made, committed, suffered or done, or hereafter to be had, made, committed, suffered or done by Sir I M deceased, great Grandfather of the said R M his &c. [Page 202] or by W M deceased, Grandfather of the said R M, his heires or assignes or by the said R M his heires or assignes or any of them, or by any other person or persons whatsoever, having or rightfully claiming or pretending to have, or which at any time or times hereafter shall have or rightfully claim or pretend to have any lawful estate, right, title, interest or demand, of, in and to the said Manor and Lordship and other the premises, or of, in or to any part or parcel thereof, in, by from or under them or any of them, or by their or any of their assents, meanes, consents, title, interest, act, sufferance, or procurement. The chief rent and services from henceforth to grow due to the chief Lord, or Lordship of the Fee or Fees of the premises for and in respect only of his or their seigniory and seigniories onely except and foreprized. And also except &c. And also except one lease &c. whereupon the yearely rent of ten pounds is reserved and shall or may be yearely from and after the fifteenth day M &c. due [...]nd payable unto the said R L and G L their heires and assignes during the continuance of the same excepted Lease.
Provided alwaies that if the said R M, his heires, executors, administrators or assignes or any of them do well and truly pay or cause to be contented and paid unto the said R L and G L their or either of their executors, Proviso. administrators or assignes the full summe of 800 li. of &c. on the &c. at or &c. That then as well this present Indenture, as the said recited Indenture of bargain and sale and either of them, and every covenant, grant, article, clause and agreement in them & either of them conteined on the part and behalf of the said R M his heires, executors or administrators to be performed and kept, shall immediately [Page 203] from thenceforth cease, determine and be utterly void frustrate and of none effect. And that then also and from thenceforth it shall and may be lawful to and for the said R M his heires and assignes into the said Manor and Lordship, Rectory, Messuages, Lands, Tenements, Hereditaments and other the premises with the appurtenances and into every or any part or parcel thereof to re-enter, and the same to have again, enjoy and repossede as in his and their first and former estate; any thing in these presents conteined to the contrary thereof in any wise notwithstanding.
And further the said R M doth covenant &c. that if default shall be made of the payment of the said summe of eight hundred and fourscore pounds upon the said 15 day of &c. at the place of payment aforesaid, For quiet enjoying after default of payment. That then and from and after such default of payment so thereof or of any part or parcel thereof had or made, they the said R L and G L their heirs and assignes and every of them shall and may from time to time and at all times for ever according to the tenor, purport and plain meaning of these presents, peaceably and quietly have, hold, occupy, possesse and enjoy the said Manor and Lordship, Rectory, Advowson, Messuages, Lands, Tenements, Hereditaments and and all and singular other the premises with the appurtenances and every part and parcel thereof without any manner of let, trouble interruption, eviction, expulsion or disturbance of him the said R M his &c. or of any other person or persons whatsoever lawfully claiming by, from or under him the said R M, or by, from or under the said I M great Grandfather of the said R M. or by, from or under the said [Page 204] I M. or by, from or under the said R M, father of the said R M (except before excepted.)
And the said R L and G L do covenant &c. That he the said R M. his heirs executors, That the mortgager may receive the profits of his lands untill the day of redemption. administrators and assignes, and every of them shall or may without the let, trouble, vexation or interruption of the said R L and G L their heires or assignes, or of any other rightfully claiming, from, by or under them or either or any of them, peaceably and quietly have, hold, perceive, receive, take and enjoy the rents, issues and profits of all and singular the said Manor and Lordship, rectory, messuages, lands, tenements, hereditaments, and all and singular other the premises before mentioned to be given, granted, bargained and sold by the said recited indenture, and of every part and parcel thereof with the appurtenances until the 16 day of &c. without any accompt to be made or yeilded unto the said R L and G L their &c. of or for the same recited indenture, or any thing therein contained to the contrary notwithstanding. And that neither the said R L and G L their &c. nor any of them shall or will take any of the rents, issues, revenues or profits of any of the premises or of any part thereof, or which shall grow, arise or come in or out of the premises, or any part or parcel therof before the said fifteenth day of &c.
And furthermore, the said R M doth covenant &c. That if he the said R M his &c. For further assurance after default of payment. or some, or one of them do not well and truly pay, or cause to bee contented or paid unto the said R L and G L their, or either of their executors, administratours [Page 205] or assignes the said summe of 800 l. and 400 l. before mentioned, according to the true intent and meaning of the proviso or condition before herein expressed; that then hee the said M and Dame W his wife and their heirs, and all and every other person and persons now having or claiming, or which at any time or times hereafter shall or may lawfully have, claim, or pretend to have any estate, right, title, use, interest, condition or possession of, in and to the said mannor and lordship, rectory, advowson, messuages, lands, tenements, hereditaments and other the premisses, or any part or parcel thereof, other then the persons before excepted, for and in respect only of the said annuities, leases and terms before excepted, shall and will from time to time and at all times from and after default of payment made as aforesaid for and during the space of seven years next ensuing, at and upon reasonable request, and at the only costs and charges in the law of the said R L and G L their heirs or assignes or of some of them, do, make, knowledge, execute and suffer, or cause to be done, made, knowledged, executed and suffered unto the said R L and G L, their heires and assignes for ever, all and every such act and acts, thing and things, assurance and assurances, conveyance and conveyances in the law whatsoever, for the better, more perfect, sure and absolute conveying and assuring of all and singular the said mannor and lordship, rectory, advowson, messuages, lands, tenements, hereditaments, and all other the premisses with the appurtenances by the said recited indenture mentioned or intended to be granted, bargained and sold unto the said R L and G L their heirs and assignes for ever absolutely, without any manner of condition, mortgage or Redemption, be it by fine, feoffment, recoverie or recoveries [Page 206] with single or double voucher or vouchers, deed or deeds inrolled or not inrolled, inrolment of this present Lease, confirmation, or by all or any of them, or otherwise by any other lawfull and reasonable act and devise with warranty of him the said R M and his heirs, against all men: or otherwise without warranty, if it be so required, as shall be reasonably devised or advised by the learned Councel of the said R L and G L, their heirs or assigns, or some or one of them.
And it is covenanted, granted, concluded and agreed by and between all the said parties to these presents, For passing of a Recovery. That T H and W B, by writ of Entry sur disseisin in le post, to be by them sued forth at the costs and charges of the said R L and G L, out of the Kings Majesties Court of Chancery, and to be returned into the Kings Majesties Court of Common Pleas before the Justices there, against them the said R L and G L, then in possession of the said premisses, shall recover the said Mannor and Lordship, Rectory, Advowson, Messuages, Lands, Tenements, Herediditaments, and other the premisses mentioned, meant, or intended in or by the said recited Indenture to be bargained and sold, with their rights, members and appurtenances, in due form of Law, against the said R L and G L then being Tenants of the said premisses with the appurtenances, by some name or names in the said Writ and Recovery to be contained, and upon the said Writ and proceeding thereupon the said R L and G L after appearance shall vouch over to warrantie the said R M, and that the said R M shall thereunto appear, and vouch over to warrant the common vouch; and that each of them the said R L and [Page 207] G L, and the said R M shall do and suffer all and whatsoever to them and either of them in that behalf shall belong and appertain, for the suffering of a good and perfect recovery of all the said Manors, Lordships, lands, tenements, and other the premisses mentioned in the said Indenture to be thereby given, granted, bargained and sold unto the said R L and G L, according to the course of common Recoveries and assurances of lands, tenements, and hereditaments; and that the said recovery shall in due form of Law be executed by the Writ of our said Soveraign Lord the King, of habere facias seisinam, accordingly.
And it is by these presents likewise fully concluded, agreed and declared by and between all the parties to these presents, To lead the use of the recovery. That the said Recovery and all other Recoveries whatsoever had, made, acknowledged, leavied, executed or suffered, or to be had, made, acknowledged, executed or suffered of the premisses, or of any percell thereof by or between the said parties or any of them, and the full force and execution of the same and every of them, shall be and inure, and shall be had, taken, construed, esteemed and adjudged to be and to inure to the onely uses, provisions, conditions and limitations before herein mentioned, and the true intent and plain meaning of the said Indenture and of these presents, and to no other use, behoof, intent or purpose.
And it is further covenanted, For payment of a more sum of money for the absolute purchase of the land mortgaged. conditioned, concluded and fully agreed by and between the said parties to these presents, and the true intent and meaning of the same parties to these presents [Page 208] is, And the said R L and G L doe covenant, &c. That if neither the said R M, his heirs, executors, administrators, nor any of them doe pay or cause to be paid unto the said R L and G L, their executors, administrators or assignes, nor to any of them the said summe of eight hundred pounds &c. at the day and place of payment thereof above mentioned, but shall make default of payment thereof, or of any part or parcell thereof, according to the true meaning of the said Proviso or Condition, whereby, or by reason whereof the premisses and every parcell thereof shall become absolute to the said R L and G L, their heires and assignes, according to the true intent and plain meaning of these presents, that then they the said R L and G L, their heirs, executors, administrators or assignes or some of them shall and will pay or cause to be paid unto the said R M, his heirs, executors, administrators or assignes, at or &c. The full sum of &c. in manner and form following: That is to say, on the eighteenth day of &c. the sum of 120 pounds; and within one whole year next ensuing the day of the death of the said R M the Father, the summe of one thousand pounds; at the end of one other whole year then next following 1000; and at the end of one other whole year also then next ensuing, one other thousand pounds in full satisfaction of and for the clear and absolute purchase of the said Manor and Lordship, rectory, advowson, messuages, lands, tenements, hereditaments, and of all and singular other the premisses, in the said Indenture mentioned to be thereby given, granted, bargained and sold, and of every part and parcel thereof with the appurtenances. Forster Councel.
In witnesse, &c.
A covenant to surrender Copy-hold lands, &c.
ANd the said D S, for the consideration before in these presents expressed, doth further covenant, promise and grant for her self, her heirs, executors and administrators, and for every of them, to and with the said I P. his heirs and assigns by these presents, That she the said D S or her heirs shall and will on this side and before the Feast of &c. at the charges in the law of the said I P his &c. make and suffer, or cause to be made and suffered a good and sufficient surrender in law to the use of the said I P, his heirs &c. for ever, according to the custome of the Manor of C. of one field and close of Pasture &c. (and so recite the land verbatim) and of every part and parcel thereof with the appurtenances, being parcels of the said Manor of S. and which were late the Copie-hold inheritance of T C deceased, according to the custome of the said Mannor.
And the said D S doth covenant &c. That the said Copie-hold lands at the time of the making and perfecting of the said surrender, shall be, Discharged of incumbrances. and so at all times for ever hereafter shall continue unto the said I P his heirs and assignes clearly discharged, or otherwise sufficiently saved and kept harmlesse of and from all former charges, estates, titles, troubles, surrenders, forfeitures and incumbrances whatsoever, made, committed, suffered or done by the said T C deceased, his heirs or assignes, or by the said E S his heirs or assigns, or by the said D S. or by any other person or persons by or with [Page 210] their and every or any of their means, assent, title, interest, act, sufferance or procurement.
And the said D S doth covenant &c. That the said Copie-hold lands and premisses before mentioned to be granted and assigned as aforesaid, That the lands are of a certain value per Annum. now are of the clear yearly worth and value of twentie pounds by the year, above all rents, charges, and reprizes; and are and now be well worth to be so let or set. And that the same close shall from time to time hereafter so remain, be and continue of the value aforesaid unto the said I P. his heirs &c. during the term and continuance of the said severall mentioned or recited Leases and either of them.
A Bargain and Sale of Swans, and a Swan mark.
TO all Christian people to whom this present writing shall come, A B of &c. greeting &c. Know ye, that I the said A B. for divers good causes and considerations me in this behalf especially moving, have given and granted, and by this my present Writing do give, grant and confirm unto C D of &c. all those my Swans and Signets, and game of Swans and Signets both white and gray, marked with the Ragged staffe, swimming, remaining and being in, upon, and about the River of W. in the Countie of L. or in, upon or about any other rivers, brooks, waters or places within the same Countie of L, or elsewhere wheresoever: And all rights, royalties, priviledges, preheminences, profits, commodities [Page 211] whatsoever to the same Swans and Signets, and game of Swans and Signers or any of them in any wise belonging, incident or appertaining; Together with the Swan mark aforesaid. To have and to hold the said Swans and Signets, and game of Swans and Signets, and Swan mark aforesaid, with their rights and appurtenances whatsoever, unto the said C D his heirs and assignes for ever, in as large, ample and beneficiall a manner and form as I the said A B or any my Ancestors ever have had, held or enjoyed, or might or ought to have had, held or enjoyed the same.
In witnesse &c.
A Bargain and sale of Underwood.
THis INDENTURE made &c. Between &c. Witnesseth, That the said A B. for and in consideration of the sum of &c. whereof &c. Hath bargained and sold, and by these presents doth bargain and sell unto the said C D all and singular Woods and Underwoods growing and being within the Grove called W. Grove, and the hedg of the same containing by estimation 26 Acres, be it more or lesse, lying and being in the parish of D, in the Countie of H. and also all the lopps and shreds of all such trees being within the said Grove called W. as have been usually lopped at the felling of the Underwood growing within the said Grove. Except, and alwaies out of this present sale reserved unto the said A B, his heirs and assignes, all manner of Trees whatsoever, other then underwood now growing or being in or upon the same Grove or any parcell thereof: To have and to hold the said underwood, lopps and shreds before by these presents bargained [Page 212] and sold (except before excepted) unto the said C D. his executors and assignes, to his and their onely proper use and behoof. And the said A B doth covenant &c. That he the said C D. his executors and assignes at his and their libertie and pleasure shall or may peaceably and quietly have, hold, take, occupie and enjoy, and enter into the said Grove and every part and parcell thereof, there to fell, hew, cut down all and singular the said woods and underwoods and hedgrowes at all seasonable times in the year, from the day of the date hereof, untill the &c. and the same so felled, hewed and cut down, with his and their or any of their horses, carts and carriages to bear, lead, carrie and convey from thence to any other place or places, at his and their libertie and pleasure, at all time and times during the space of three years, by all convenient wayes thereunto now used und accustomed, without any lawfull let, contradiction, &c. And the said C D doth covenant &c. That he the said C D. his executors or assignes shall and will at every felling which hee or they shall make of the said woods, underwoods and trees, leave standing and growing in and upon the premisses so many competent and sufficient standards, studdles and stories as by the lawes and statutes in that case provided, is or ought to be left. And also shall and will at his and their own proper costs and charges make all the hedges and fences of the young Springs of the said Wood, for the safe keeping thereof from hurt and spoil of beasts and cattell, according to the custome of the Countrie there.
In witnesse &c.
A sale of a ward or a wardship.
THis INDENTƲRE made &c. between &c. witnesseth, that the said A B for and in consideration of the sum of &c. whereof &c. hath given, granted, bargained and sold, and by these presents doth &c. unto the said C D his executors and administrators, the wardship, custodie and marriage of E F sonne and heire of G F deceased and unaffyed and uncontracted to or with any woman; and all his right, estate, title, possession and interest of and in the said custody and marriage, together with the Letters patents of our Soveraigne Lady the Queens Majestie that now is, made to the said A B of and concerning the same; and all annuities, rents, payments, allowances, interests, profits and commodities, advantages and benefits which by the said Letters patents be, in any wife given, granted, allowed, assigned or appointed to the said A B. to have, possesse, and enjoy the same wardship, custodie and Marriage of the said E F unaffyed and uncontracted as abovesaid, and all other the premisses to the said C D his executors, administrators and assignes to the proper use and behoof of the same C D his executors, administrators and assignes.
And the said A B for the considerations abovesaid, covenanteth and granteth by these presents for himselfe his &c. to and with &c. in manner and form following viz. that the foresaid wardship, custodie and marriage, and other the premisses before by these presents bargained and sold, stand [Page 314] and be at the time of the making of this present indenture cleer and cleerly discharged, exonerated and free of and from all manner of former bargains, sales, grants, promises, titles, charges, demands, and incumbrances had, made, committed, growne, done or suffered by the said A B or by his meanes or assent.
And further, that he the said C D his executors, administrators and assignes, shall or may by vertue of these presents immediately have, take and enjoy the said wardship, custodie and marriage, and all other the premisses by these presents, bargained, granted and sold to the said C D as abovesaid, without any eviction, expulsion, let, disturbance or interruption of him the said A B his &c. or any other person and persons. And further, that hee the said A B at the time of the making of these present Indentures, hath lawfull authority and power in the law to grant, bargaine and sell the aforesaid wardship, custodie and marriage, and all other the premisses to the said C D his executors and administrators, in form above mentioned.
In witnesse, &c.
An Assignment of a Ward.
THis INDENTURE made &c. witnesseth, that whereas our said Soveraigne Lady the Queenes Majestie that now is, by her Highnesse Letters patents under the great Seal of England, bearing date at Westminster the &c. hath given and granted unto the said R F one annuity or yearly rent of &c. to be appointed by the Master and Councell of her Highness Court of Wards and [Page 215] Liveries, out of, and in the Manners of C with the appurtenances in the County of W. and of and in five messuages &c. (and so recite the Letters patents as far as is requisite) as by the same Letters patents more at &c. Now the said R F with the counsel, licence and agreement of the said Master and Councel of the said Court first obtained and had, for divers causes him especially moving, Hath granted, bargained, assigned, put over and sold, and by these presents doth fully and cleerly grant, bargain, assigne, put over and sell unto the said I S the said custodie, wardship, and marriage of the said H P her Majesties Ward, and all his right, title, interest and claim which hee the said R F now hath, may, might, should or ought to have, of, in, or to the said Wardship and marriage of the said H P. or hereafter may have of and in the Wardship and marriage of the next heir male of the same H P. and so from heir male to heir male, being within age, untill the said I S his executours or assignes have taken the effect of the said marriage of the one of them without disparagement, together with the said annuity or yearly rent of twenty shillings to be paid yearly to the said I S his executors or assignes in manner and forme as in the said Letters patents is declared and expressed: together also with the same Letters patents and one indenture bearing date &c. made betweene our Soveraigne Lady the Queens Majestie on the one partie, and the said R F on the other partie, touching the premisses. And the said R F doth covenant &c. That the said wardship and custody of the said H P and of other the heires aforesaid, for and during the minority of the same H P and of other the heires aforesaid, and all and every such profits, availes and commodities belonging and appertaining, and [Page 216] which by any manner of waies may arise, grow or come by reason of the wardship of the said H P and of other the heires abovesaid, (together with the said yearly annuity or exhibition above specified) may be, and during and by all the minority of the said H and of other the said heires, shall be discharged or otherwise saved and kept harmless of and from all former bargains, sales, grants or other incumbrances whatsoever, had, made or done by the said R F. the covenants, clauses, conditions and agreements in the said indenture contained and expressed alwaies excepted. And the said I S doth covenant &c. that he the said I S his &c. and every of them shall well and truly obey, observe, perform, fulfill and keep all and every the covenants, clauses, conditions and agreements specified, comprised and mentioned in the said indenture which on the part and behalf of the said R F standeth bounden to our said Soveraigne Lady the Queens Majesty for the performance therof and of all actions, suites, forfeitures, penalties, judgments, condemnations, extents, executions, charges & incumbrances for or touching the said covenants, clauses, conditions, agreements, obligations and writings obligatory, or for or touching every or any of them, shall or will sufficiently save or keep harmless the said R F his &c. and every or them from time to time and at all times hereafter.
In witnesse, &c.
A Deede of gift upon condition to bee void upon the the tender of 5 s.
Wheras I the [Page 217] said A B the day of the date hereof am indebted unto C D &c. in divers great summes of money as by bonds and bills of debt under my hand, may plainely appeare. And also unto E F &c. in the sum of ten shillings, and to divers and sundry other persons, certain other several sum and sums of mony which I have not at this time presently to pay, and to that intent and purpose that the said C D and E F may be truly satisfied and paid their said several sum and sums of mony. Know yee that I therfore the said A B for the considerations aforesaid, have given and granted, and by these presents do give, grant, and confirme unto the said C D and E F all and singular my goods, chattels, leases, terme and termes of years, plate, jewels, housholdstuff, corne, cattell, horses, mares, geldings, sheepes, lambes, wooll, debts, summe and summes of mony, and other things whatsoever they bee, moveable and unmoveable, as well quick as dead, of what nature, kind, qualitie or condition soever they bee, and in whose custodie or possession, or in what place or places soever they bee or remain, or may be found within the City of London, or elsewhere wheresoever, within the Realme of England, and of the Remaine thereof (if any be) to make and yeild an accompt to me, my &c. To have and to hold all and singular the said goods, cattels, leases, plate, jewels, houshold-stuffe, corn, cattel, horses, mares, geldings, sheep, lambs wool, debts, sum and sums of money, and other things whatsoever, unto the said C D and E F their executors and assignes, as his and their owne proper goods for ever: Provided alwaies, that if I the said A B do at any time hereafter during my natural life, tender, offer or pay, or cause to be tendred, offered or paid unto the Mr. of the Rolls of her [Page 218] Majesties high Court of Chancery the sum of five shillings &c. that then and from thenceforth these presents and every sentence, word, clause and agreement herein contained shall be utterly void, and had for nought, as if these presents had not been had nor made.
In witnesse &c.
A sale of Billets, and wood, or timber.
THis INDENTURE made &c. between T C. R W and G M &c. and I B and R W &c on the other partie, Witnesseth, that the said &c. for the consideration hereunder mentioned, have bargained and sold, and by these presents doe fully and cleerly bargain and sell unto the said &c. ten thousand load of good merchantable and lawfull Westerne Billet, at and after the rate and price of three shillings six pence the load: And also five hundred load of good merchantable, sound and well squared Oaken Timber, accompting fifty foot to every load, at and after the rate and price of eleven shillings the load, with such deductions and defalcations out of the same several pieces as is here under expressed; and the same billets and Timber to be delivered at such places and times, and in such manner and forme as is here under mentioned, and the said &c. to and with &c. that they the said T R and G or some of them their &c. shall and will well and truly deliver, or cause to be delivered to the said &c. all and every the said ten thousand loads of Billets, and 500 loades of Timber, of the kind and goodness aforesaid, to the proper use of them the said &c. free and discharged of all manner of charges and incumbrances [Page 219] whatsoever, as well by water as by land, water carriage only excepted, At and upon some wharf or wharfs in Henly upon Thames and Shiplack in the County of O. and at and upon some wharf or wharfs in S and R and the wharf nearest Kent-wood in the County of Berks in manner and form following, that is to say; Three hundred loades of the same billet, and one hundred loads of the same Timber, at or before &c. And between that and the day of &c. three hundred more of the same billet, and two hundred loads of the same Wood-Timber. And between the same day of &c. and the day &c. foure thousand loads more of the same billets and two hundred loads more of the same Timber, residue and in full delivery and satisfaction of the said ten thousand loads of Billets, and five hundred loads of Timber: And also that they the said T R and G their &c. shall not only deliver or cause to be delivered all and every the said Billets, & Timber at the waterside, or some Wharf or Wharfs in some, or any the Towns and places above mentioned for and to the use, and in form aforesaid limited, cleare of all charges and incumbrances whatsoever; But shall also from time to time and at all times from henceforth save and keep harmlese the said Billets and Timber, and every parcel thereof to the said &c. from and against the purveying to her Majesties use, and against all and every the purveyor and takers of or for her Majesties Woodyard and of her heires and Successors. Or else shall deliver or cause to be delivered to the use aforesaid to the said &c. at the places of delivery aforesaid, or at some of them in recompence of and for such of the said Billets and Timber as shall be so taken, so much more in stead thereof, [Page 220] at the rates and prices aforesaid before the &c. in part of payment of and for all which Billets and timber to be delivered as aforesaid, the said I B and R W have truly paid unto the said T C R W and G M before the ensealing hereof the sum of &c. of which said summe &c. the said T C R W and G M acknowledgeth themselves fully satisfied and payed, and thereof &c. And in other part of the summe and summes for the said Billets and Timber, amounting to the summe of &c. the said &c. Covenanteth and granteth &c. to and with &c. well and truely to pay or cause to be paid to the said &c. upon the said &c. next after reasonable request thereof to be made and given in writing to the said &c. at or within &c. after the delivery of so much of the said Billets and Timber as after the rates aforesaid shall amount to the summe of &c. or more, the said seven hundred pounds to be paid at or within &c. And it is agreed between the said parties, That whereas the rate of the said Billets, and Timber as aforesaid to be deliverd, doe amount to the summe of &c. over and above the said sum of &c. already paid, and the said summe of &c. in form aforesaid Covenanted to be paid. It is agreed between the said parties in respect of the Carriage by Water, of the said Billets and Timber, that is to say, for so many thereof as shall not be delivered at H S aforesaid so much mony as the Carriage of the same by water not delivered at H S aforesaid shall amount unto; and from any other place appointed by these presents, for delivery thereof unto any one of the said places of H and S aforesaid or either of them, the said &c. shall have allowance and defalcation out of the said summe of &c. for every load of Billets as aforesaid [Page 221] to be delivered at S four pence; and for every load of Timber &c. and for every load of Billets to be delivered at R eight pence, and for every load of Timber sixteen pence; and for every load of Billet to be delivered at the wharf nearest Kentwood twelve pence, and for every load of Timber two shillings, And the said &c. for them &c. to and with &c. to pay and satisfie to the same &c. upon reasonable request so much of the said summe of &c. as shall amount and remain over and above the allowance and defalcation in respect of the water charges aforesaid. And in like manner the said T C, R W and G M for them &c. to and with &c. That if the said allowance for carriage as aforesaid shall amount to more then three hundred twenty five pounds, That then they the said &c. shall well and truly pay or cause to be paid to the said I B and R W their &c. upon reasonable request, so much mony as the same allowance shall surmount the said fumme of &c.
In witnesse &c.
An Indenture for limitation of uses and estates.
THis INDENTURE made the &c. Between R L of the one party, and A B C D and E F of the other party, Witnesseth, that the said R L for and in consideration of the mutuall love, zeale and affection which he the said R L doth beare unto G L third Sonne to the said R and to M his daughter, and to other the parties hereafter in these presents mentioned, and for the better continuance (for so long time as it shall please Almighty [Page 222] God) of all and singular his Messuages, Lands, Tenements and hereditaments, in his Kindred and blood, as hereafter is limited and expressed; And for divers other good causes and considerations him the said R L thereunto moveing, It is Covenanted, granted, concluded, condescended and agreed between the said parties to these present Indentures and every of them.
And the said R L for himselfe and his heirs doth covenant and grant by these presents to and with the said A B C D and E F and every of them, and the heires of them, and every of them, That he the said R L his heires and assignes, and all and every other person and persons and their heires and assignes that now stand and be seized, or that at any time hereafter shall stand or be seized of and in all and singular the Manors, messuages, parsonages, lands, tenements, tithes, meadows, feedings, pastures, marshes, as well fresh as salt rights, jurisdictions, franchises, liberties, fruits profits, commodities and hereditaments whatsoever of the said R L, with all and singular their appurtenances, situate, lying, being, coming, arising, happening, renewing, growing or increasing within the towns, parishes, hamblets or fields of E & M or in either of them within the Isle of S in the County of K or elsewhere in the said Isle, whereof the said R L is or standeth seized of any estate or inheritance in possession, reversion, remainder or use, shall at all times from and after the feast of &c. next ensuing the date hereof, stand and be seized of all and singular the same premises, and of every part and parcel thereof to the several uses, behoofs, intents and purposes hereafter expressed, limited and appointed, and to none other use, intent, behoof or purpose: That is to say, to the use and behoof of the said R L for & during the term of his [Page 223] natural life, without impeachment of any manner of wast. And from & after the decease of the said R. then of all and all manner of tythes, yearly, and from time to time coming and renewing and growing of all and every the lands, tenements and hereditaments in the said Parish of E, heretofore conveyed and assured for the jointure of A now his wife, to the use and behoof of the said A for terme of her life, and after the decease of the said R L of all and singular the said messuages, lands, tenements, hereditaments and all other the premises with the appurtenances, except the said Tythes. And after the decease of the said A, of the tythes to the use and behoof of G L for and during the terme of the natural life of the said G, and after his decease then to the use and behoof of the heirs males of his body lawfully begotten; and for default of such issue, then to the use and behoofe of M daughter of the said R L and of the heires of her body lawfully begotten; and for default of such issue to the use of the right heires of the said R L for ever.
Provided alwaies, and the intent and meaning of these presents and of the parties to the same and every of them, A Proviso to make Leases, &c. is, and it is fully covenanted and agreed betweene the same parties and every of them, that it shall and may bee lawfull to and for the said R L during his naturall life by his deede or deedes indented under his hand and seal, to demise, grant, let, limit, express or appoint the premises or any part thereof at his will and pleasure to any person or persons whatsoever for such terme and termes of yeares, life or lives or otherwise in, possession or reversion, and for such yearely rent [Page 224] and rents, or without rent, as to him the said R L shall seem good.
Provided also, and the intent and meaning of these presents, and of the parties to the same and every of them is, and it is fully covenanted and agreed by and betweene the same parties and every of them, that it shall or may bee lawful to and for the said G L and the heires males of his body lawfully begotten; and for default of such issue, to and for the said M and the heires of her body lawfully begotten, by his, her or their deed or deedes indented, under their, or any of their hands and seals, to demise, grant, let, limit, expresse or appoint the premises or any part thereof at his or their will or pleasure to any person or persons whatsoever for terme of three lives in possession, or for one and twenty yeares in possession, so that upon every such lease, grant and estate to be made for life, lives and years as aforesaid, there be reserved the old and accustomed yearly rents or more. And so that the same lessees and grantees or their assignes do well and truly content and pay or cause to bee paid the same rents so to be reserved, or mentioned to bee reserved in and by their said Indentures of Lease, unto such person or persons for the time being unto whom the reversion or reversions, remainder or remainders immediately depending upon the same leases and grants, by the true intent and meaning of these presents shall, or ought to appertaine, at the dayes in their writings limited and mentioned, upon demand or demands of the same rents to be made, in such manner and forme as by the law are requisite in demands of rents and services, or within one month next after such demand or demands.
And that also it shall and may be lawfull to and [Page 225] for the said R L during his life, and after his decease to and for the said G L and the heires males of his bodie lawfully begotten, by his or their deede or deeds indented, at his or their will and pleasure, to demise, grant, limit, declare, expresse, assigne or convey the premises or any part thereof to such woman, wife or wives, as the same I L or such of his sonnes as is, or shall bee his heir apparant, shall happen to marry, during the natural life of such woman, wife or wives, for or in the name of her jointure, without any rent by her to be yeelded or paid for the same; Provided alwaies, that no former estate or estates, lease or leases shall bee avoided or impeached by such limitation to any such wife or wives.
Neverthelesse, it is alwaies provided and fully covenanted, granted, concluded, condescended and agreed by and betweene the said parties to these present Indentures and every of them, That if the said G L and M. or any of them, or any of the heires of their severall bodies lawfully begotten, to whom any use or uses, estate or estates, of or in the said Lands, Tenements or Hereditaments herein before mentioned, or any part or parcell thereof is before in or by these presents limited, declared or appointed, being of the age of one and twenty yeares, or above, shall at any time hereafter advisedly, wittingly, willinly, determinably and effectually procure or assent to or for any act or acts, thing or things for any bargaine, sale, discontinuance, alienation, exchange or forfeiture to bee had or made of the said lands, tenements and other the premisses before mentioned, or of any part or parcel of them or any of them, to him, them, or any of them as is aforesaid [Page 226] said by these presents limited, declared or appointed in use or possession, whereby any estate of the premisses, or of any part thereof in use or possession mentioned, limited, declared or appointed by these presents, may, should or might in any wise, or by any means bee undone, discontinued, barred, determined, or forfeited. And the same bargain, sale, discontinuance, alienation, exchange or forfeiture, or any other open or effectuall thing or act towards the same effect, shall attempt, cause, procure, or wittingly or willingly assent unto, or suffer to be attempted or gone about to bee executed, performed, prosecuted or put in ure by the knowledging of any note or notes, of or for any fine or fines to be levied, or by knowledging any warrantie or warranties of atturney or atturnies for any recoverie or recoveries to bee prosecuted, or enter into any warranty or warranties by any meanes whatsoever, or by knowledging any warrant for the same, or by any purchase of any writ or writs by them or any of them, or by any other, by their or any of their assent, consent by appearance or otherwise, to any writ or writs of the premises, or any part or parcell thereof, or to any thing in them, or any of them contained, or by knowledging any deed or deeds, writing or writings to bee enrolled, or by any other effectual act or acts, thing or things whatsoever whereby and wherewith any bargaine, sale, discontinuance, alienation, change or forfeiture shall or may ensue. That then immediately from and after the time of such procuring, accepting, causing, commanding, wittingly assenting, suffering or going about in manner and forme as is aforesaid; and before any such bargaine, sale, discontinuance, alienation, exchange or forfeiture perperfected, [Page 227] executed, committed or done, The said use and uses, estate and estates, limited, declared and appointed in these presents unto him or them, and to as many as so shall attempt, cause, procure, command, willingly assent or suffer any such act or acts, thing or things to bee prosecuted, executed, performed, done or put in ure, or gone about to be prosecuted, executed, performed, done or put in ure, in manner and form before declare, whereupon any bargain, sale, discontinuance, alienation, exchange or forfeiture shal or may ensue, contrary to the true meaning of these presents, of and in so much of the said lands, tenements and hereditaments, with the appurtenances, for the which, any thing or things as aforesaid shall be so attempted, caused, procured, commanded, assented or suffered to be executed, performed, done or put in ure, contrary to the true intent and meaning of these presents, shall cease only as in respect and having regard unto such person and persons so attempting, procuring, causing, commanding, willingly assenting unto, suffering, or going about any such act or acts, thing or things aforesaid, as if such person or persons so attempting, causing, commanding or procuring were naturally dead, and no otherwise. And that then, and in such case, it shall be lawfull to and for such person and persons to whom the use and possession thereof should come, grow, or be, by the true intent and meaning of these presents, to enter and enjoy the same, as if such person or persons that so shall procure or assent to or for any such act or acts, thing or things to be done were naturally dead. And of such and the like estates, and in like manner and forme, and to all intents and purposes, and with like remainder in use, [Page 228] over and with like limitations and conditions, as the same should have come, grown or been, if the same person or persons, that so shall procure or assent to or for any such act or acts, thing or things to be done at or immediately before the time of such procuring or assenting, were naturally dead, and no otherwise.
Provided alwaies, and it is covenanted, granted, concluded, condescended and fully agreed by and between the said parties to these presents, and their heires and every of them, That if the said R L doe at any time hereafter during his naturall life by his writing to bee subscribed with his owne proper hand, and to be sealed with his Seale, and to be inrolled in any the Courts of Record of the Queens Majestie, her heires or successors, signifie or declare that his will and pleasure is, that the uses and behoof limited and expressed in these presents, shall be void, and of none effect, touching or concerning all the said Mannors, Messuages, Lands, Tenements and Hereditaments, and other the premisses, or touching some or any part or parcell thereof, That then, and at all times from thenceforth all the states, behoofs, intents and limitations conveyed, raised or contained by or in these presents, touching or concerning all the said Messuages, Lands, Tenements, Hereditaments, and other the premisses, whereof or in the which the uses or hehoofs limited or expressed in or by these presents, shall be so signified and declared to bee void and of none effect, touching or concerning such, or any part or parcell of the same premisses whereof or wherewith the uses or behoofs limited or expressed in these presents shall be so signified or declared to be void and of none effect, shall cease, determine, and be utterly void and of none effect. And [Page 229] that then and at all times from thenceforth the said R L and his heires, and all and every other person and persons and their heires that now stand and be seized, or that at any time hereafter shall stand or be seized of or in the said Manors, Messuages, Lands, Tenements, Hereditaments and other the premises, or of or in such or in any part, parcell or member of the same, or of or concerning the premisses, in which the said estates, uses or limitations shall bee so signified or declared to bee void and of none effect, shall from thenceforth stand and be seized of and in the same premises and every part therof, of or in the which the uses, intents or behoofes limited or expressed in these presents, shall bee so signified or declared to be void and of none effect, to the use and behoof of the said R L and of his heires and assignes for ever, and to no other use &c. And that then also and from thenceforth it shall be lawfull unto and for the said R L and to his heires into the said Manors, Messuages, Lands, Tenements, Hereditaments and other the premisses, whereof, or in the which, the uses, intents or behoofs limited or expressed in these presents shall be so signified or declared to be void and of none effect, to enter, and the same to have again and enjoy as in his or their first or former estate. This Indenture or any limitation of use in the same, or any clause, sentence, covenant or agreement contained in these presents to the contrary thereof in any wise notwithstanding.
In witnesse &c.
A deed of Revocation, very large.
TO all Christian people to whom this present Writing shall come, Sir W C greeting. Whereas I W C in and by an Indenture bearing date &c. made between mee the said W C on the one partie, and R C. E H. and F B on the other partie; as wel for and in consideration of the naturall love and affection which I had and did bear unto E V, Lady B V and S V, daughters of the Right Honourable E Earl of O, and of the late Lady A his wife, daughter of me the said VV C; and for the better stay and maintenance of living of them the said Ladie E V, Ladie B V, and Ladie S V; and for divers and sundrie other good causes and reasonable considerations me the said W C then especially moving, I the said W C did by the fame Indenture for me, my heirs and assigns covenant, promise and grant to and with the said R C, E H and F B, their heirs and assigns, and every of them, That from and after the ensealing and delivery of the same Indentures, I the said W C and my heirs and assignes, and all and every other person and persons that then were, or that then after should be seised of the Mannor or Farm called K. with the appurtenances in K. in the Countie of M. and of all other &c. (reciting the land) with all and singular their and every of their appurtenances, or of any part or parcell thereof, of any estate of inheritance, or of the reversion or reversions, remainder or remainders or inheritance of the said premisses, or of any part or parcell thereof, shall stand and be seized of the said Mannors, Lordships, lands, tenements and hereditaments, with [Page 231] all and singular their appurtenances, consent [...] reversion and reversions, remainder and done, [...] [...]nders, and inheritance of the same premisses, far every part, parcell and member thereof; To [...] use, uses, intents and limitations, and under the conditions and provisoes in these presents limited, expressed and declared, and to none other use, purpose or intent. That is to say, to the use and behoof of the said W C for and during his naturall life, without impeachment of waste: and afterwards to the use of the said E V, B V and S V, and the heirs of their bodies lawfully to be begotten; and afterwards to the use of the said Sir R C, and of the heirs of the body of the said R C lawfully begotten; and afterwards to the use of the right heirs of me the said W C for ever.
Provided alwaies, and it is covenanted, granted, concluded, condescended and fully agreed between the said parties to these presents, That all and every the said uses, and limitations of uses and estates limited, appointed, raised, conveyed, or intended or meant to the said E V, B V and S V, and to the heirs of their bodies, or to any of them, or to any others that shall or may claim by, from or under them or any of them, shall stand and be upon the limitations in these presents expressed: That is to say, that if the said E V or any of the heirs of her bodie, or the said B V or any of the heirs of her bodie, or the said S V or any of the heirs of her bodie, or any other person or persons except the said Lo. W C, that hath, or shall have any estate, right or title in the premises or any part thereof by the true intent and meaning of these presents, at any time or times hereafter, shall consent or attempt to do, knowledg or suffer any act or thing whatsoever which upon the still execution thereof shall or [Page 232] may be any barr, alteration, forfeiture, determination or discontinuance of any part of the entail before limited in and by these presents, or of the freehold or inheritance of the premisses or any part thereof, or whereby any use or uses by these presents, limited, intended or appointed, or any the estate or estates, or right that shall arise or come by reason of these presents, shall be altered, determined, undone, debarred, forfeited or discontinued, or shall by any means charge o [...] incumber the same premisses or any part thereof with any rent or rents, or other estates, charges or incumbrances, to the prejudice, hurt or detriment of any person or persons to whom the premisses or any part thereof shall descend, revert, remain or come by the true intent and meaning of these presents, or whereby the true intent and meaning of these presents may not or cannot take place or effect: That then and from thenceforth and immediately from and after the time of such consenting and attempting, and before any such barr, alteration, forfeiture, determination or discontinuance had, made, suffered or done, all and every the use and uses, estate and estates limited and declared in and by these present Indentures, to her or them onely which shall content or attempt to or for any such act or acts, thing or things to be had, done, knowledged or suffered, contrary to the true intent & meaning of these presents, of and in such and so much of the premisses whereof any such consent or attempt shall be, shall cease and determine onely as in respect, and having regard to such person and persons so attempting or consenting, in such sort, degree, qualitie and condition as if such person or persons so attempting or consenting were naturally dead, and not otherwise. And that then and from thenceforth from time to time such and so much [Page 233] of the premisses whereof any such consent or atttempt shall be so had, made or done, shall be immediately to such person and persons to whom by limitations of the uses aforesaid the same should have remained, come or been, according to the true intent and meaning of these presents, of and in such estate, degree and condition as in these presents is expressed, limited, intended or mentioned, and with such remainders thereof over, and with such limitations, proviso and conditions as are thereof in these presents expressed or limited, as if such person or persons that so should assent or attempt to or for any such act or thing to be done at or immediately before such assenting or attempting, had been naturally dead, and not otherwise. And that the said W C. his heires and assignes, and all and every other person and persons that now be, or hereafter shall be seized of the said Manors, lands, tenements, hereditaments and other the premises, or of any part or parcell thereof, of any estate of inheritance, shall from henceforth for ever, and from time to time hereafter stand and be seized of and in such part, and so much of the said Mannors, lands and hereditaments for or concerning the which any of the said acts, matters or things aforesaid shall be tempted, practised, procured, caused or commanded to be done, or else assented or willingly suffered to be attempted or gone about by any open act or deed to be executed, done, performed or put in ure as is aforesaid; To such and the same use and uses, and to such and the same person and persons as by force of these presents, after the decease of such person so attempting to do any such act or deed, ought to have & enjoy the same; and in such and the same manner, form, quality and condition, to every intent, construction & purpose as if the same person and persons and every of them [Page 234] that so should assent, attempt or go about by any open act or deed to do, cause or suffer any such thing to be done, were then dead. And as though the said devises, acts, matters and things had never been done, attempted, procured caused, had, made or suffered to be done, Any thing in these presents conteined, or any other matter or cause whatsoever, to the contrary thereof in any wise notwithstanding. Provided neverthelesse, and it is Covenanted, condescended and agreed by and between the said parties to these presents, that if it shall fortune such one of the said persons that hath or shall have any estate, right or title in the premises, or any part thereof by the true intent or meaning of these presents, as shall have no issue in being, born and alive, of his or her body lawfully begotten, at any time then after, to assent, suffer, procure, commit or do any thing or act, or assent to or for any thing or act to be done whereby any use or estate by these presents, to her or them limited shall end, discontinue, be void or of none effect by the proviso last aforesaid, That yet neverthelesse assoone as such one of the persons aforesaid, that hath or shall have any estate, right or title in the premises, or any part thereof by the true intent or meaning of these presents, as having no issue born alive of her or his body lawfully begotten, shall fortune or happen at any time hereafter to assent, suffer or procure, commit or do any thing or act, or assent to or for any thing or act to be done, whereby any use or estate by these presents to him limited shall end, determine, be void and of none effect by the proviso last aforesaid, shall then happen to have issue of his body lawfully begotten, That then and immediately after the birth of such issue the use and uses vested upon any the Acts in the proviso last aforesaid, shall cease; And that [Page 235] then and from thenceforth the use and uses of and in such and so much of the said Manors, Lands, Tenements and premises, for, and concerning the which any of the things aforesaid, mentioned in the said proviso, shall be attempted, caused, procured, commanded, assented or sufferd to be executed, performed, done or put in ure; or gone about to be executed, performed, done or put in ure by the father or mother of such child, contrary to the true meaning of these presents, shall be to such child and the heires of the body of the same child lawfully begotten; and for default of such issue, to the use and behoof of every such person and persons as at any time hereafter be heire of the body of such one of the persons that hath or shall have any estate, right or title in the premises or any part thereof, by the true intent and meanining of of these presents, as having no child in being, born or alive, of his or her body lawfully begotten, shall fortune at any time hereafter to assent, suffer or procure, commit or do any act or thing, or assent to, or for any act or thing to be done whereby the use in these presents to him limited shall end, determane be void or of none effect by the proviso aforesaid touching the same, with the remainders thereof over in use in manner and form before expressed and limited. Provided alwaies, and neverthelesse it is condescended and agreed between the said parties to these presents, That if the said W C at any time or times hereafter during his life, by writing or writings by him subscribed, and sealed with his seal, do signifie and declare that his will, mind and pleasure is, that the several uses and intents, and limitations of uses and estates in these presents declared, limited or expressed, or any of them, shall [Page 236] be void and of none effect, either touching or concerning all the foresaid Manors, Lands, Tenements and Hereditaments and other the premises before in these presents mentioned, or touching or concerning any part or parcel of them, or any of them, That then and from thenceforth all and singular the said uses, intents and limitations of uses or estates so specified or declared by writing as is aforesaid to be void, shall cease determine and be utterly void and of none effect, onely touching all such and so much of the said Manors, Lands, Tenements and other the premises whereof, or for, or concerning the which the said uses, intents and limitations of uses or estates before in these presents declared, limited or expressed, shall be so signified or declared by writing, as is aforesaid, to be void and of none effect. And that then and from thenceforth the said W C his heirs and assignes, and all and every other person and persons that now are or at any time hereafter shall be seized of the said Manors, Lands, Tenements, Hereditaments and other the premises, or of any part or parcel thereof, of any estate of inheritance, shall from thenceforth for ever stand and be seized of and in such and so much of the said manors, lands, tenements, hereditaments and other the premises with the appurtenances, concerning the which and whereof such signification or declaration shall be so made for the ceasing and determining of the said uses, or any of them, To the only use of the said W C his heires and assignes for ever. Any thing in these presents mentioned, or any other matter or thing whatsoever, to the contrary thereof in any wise notwithstanding. Revocation. Now know ye that I the said W C, for divers good causes and considerations [Page 237] me in this behalf especially moving, do by this my present writing by me subscribed and sealed with my seal of Armes, signifie and declare that my will, mind and pleasure is, that the several uses and intents, and limitations of uses and estates in the said recited Indenture, declared, limited or expressed, and all and every of them shall be void and of none effect, touching or concerning all the aforesaid manors, lands, tenements and hereditaments and other the premises in the said recited Indenture mentioned, or every part thereof. And I do also by these presents repeal, revoke and determine all the said uses and estates in the said Manors and other the premises, and do signifie and declare that the same uses, intents, limitations and estates in the said recited Indenture expressed, declared or limited, of and in all and singular the premises, shall from henceforth for ever be utterly void, determined, revoaked, adnulled and of none effect, to all intents, constructions and purposes, The said recited Indenture or any thing therein conteined to the contrary thereof in any wise notwithstanding. And further I do by these presents absolutely limit, signifie, declare and appoint, that all and every person and persons whatsoever and their heires that now stand and be seized of or in the said Manors, Messuages, Lands, Tenements, Hereditaments and premisses before recited, or of, or in any part or parcel thereof, shall immediately from henceforth, and at all times hereafter for ever stand and be seized of, and in all and every the said manors, lands, tenements, hereditaments and all other the premises, and of and in every part and parcel thereof with the appurtenances, to the onely proper use and behoof of me the said W C, [Page 238] my heires and assignes for ever, and to none other use, intent or purpose. Any thing in the said recited Indenture mentioned, or any other matter or thing whatsoever to the contrary thereof in any wise notwithstanding.
In witnesse, &c.
A Revocation very short.
BE it known unto all men by these presenrs, That I A B &c. do by this my present deed or writing sealed with my seal, and signed with my hand in the presence of &c. Repeale, revoake and determine, and do declare to be repealed, revoaked and determined all and singular the uses and intents mentioned in the Deed Indented hereunto annexed, of and for all and singular the Lordships, Lands &c. mentioned in the said deed, and of and for every part and parcel thereof. And doth by these presents absolutely limit, determine and appoint that all and singular the feoffees, and parties mentioned in the said Deed Indented, and their heires and assignes shall immediately from henceforth stand and be seized of and in the Lordships &c. mentioned in the said Deed Indented, and of every part and parcel thereof to the onely use and behoof of me the said A B my heires and assignes for ever, in pure and absolute estate, in fee simple, and to none other use, intent or purpose.
In VVitnesse, &c.
An Indenture between executors.
THis INDENTURE made the &c. betweene R H of &c. and A his wife, one of the executours of the last Will and Testament of B &c. deceased, of the one partie; and T D of &c. Son and heire, and the other executor of the said B D of the other partie; That where the said B D did make his last Will and Testament in writing, bearing date &c. and thereof did constitute and make the said T and A his executours, and did in and by the same his last Will and Testament, give and devise unto the said A the now wife of R H the summe of one thousand pound of &c. amongst other things in the said Will mentioned. Of which said summe of one thousand pounds, the said R H and A his wife do acknowledge the receipt, and themselves thereof well and truly satisfied, contented and paid, and thereof and of every part and parcell thereof do cleerly acquit and discharge the said T D his heires, executors and administrators and every of them by these presents. And where also the said B D did in and by his said last Will and Testament give and devise unto the said T D the sum of 1500. l. of &c. to be paid unto him when he should accomplish the age of one and twenty years, of which said summe of 1500 l. the said T D doth acknowledge the receipt accordingly, and himself therof well and truly satisfied, contented and paid, and thereof, and of every part and parcell thereof doth cleerly acquit and discharge the said R H and A his wife, and either of them their heires, executours and administrators and every of them by [Page 240] these presents. And whereas also the said B D did in and and by his said last Will and Testament give and devise unto his Son R D the summe of three hundred pounds of &c. to be paid unto him at his age &c. and willed in and by his said last will, his executor of his said will, and his loving friends W P and H B should in good and frugal sort, let out and employ according to their best discretion for the further benefit and increase of the said summe and stock so bequeathed, unto the said R untill he should come to the age of 24 years, and out of the profits and increase of the said stock of 3000 l. to give and allow unto the said R such yearely allowance for his maintenance, as should be fit by the consent and good liking of his very good friend H M. And that if it should happen the said R to decease, before he came to the age of four and twenty years, being unmarried at the time of his such decease before his age of 24 yeares, then he willed that the said portion of 300 l. and the increase thereof, defalking the maintenance of the said R in the mean time, should be and remaine to all his Sons then living, to bee equally divided amongst them, to bee paid at the accomplishment of their several ages of foure and twenty yeares. And did likewise by the said Wil give and bequeath unto H B and I D the younger Sonnes of the said B D the father, the summe of two hundred pounds a piece to be paid unto them at their several ages of four and twenty yeares, and not before; which said summes he also willed that his said executors and the said W P and H B should in good and frugal sort let and imploy &c. as before for R D as in and by the said last Will and Testament more at large it doth and may appear.
Now this Indenture witnesseth, that the said [Page 241] R H and A his wife, have surrendred, relinquished and yeilded up, and by these presents do surrender, relinquish and yeild up unto the said T D all their, and either of their right of executorship and right of executors concerning the said portions which they or either of them have or hath, by reason or in respect of the last Will and Testament of the said B D the father, or otherwise howsoever. And further also, That hee the said T D hath received and had the said several legacies and summes of mony devised by the said B D the Testator to his four younger Sonnes as aforesaid.
And the said T D for himself &c. doth covenant &c. to and with the said R H and A his wife, their and either of their executors and administrators and every of them by these presents, that he the said T D his heires, executors and assignes, shall and will from time to time, and at all times hereafter untill such time as the said R D. H D. B D. and John D. the Sonnes shall accomplish their said several ages of four and twenty yeares, in convenient manner imploy all the said several portions and summes of mony given or devised to the said four younger Sonnes of the said B D the Father by his said last Will and Testament as aforesaid, according to the true intent and plain meaning of the said Will and Testament. And also, that hee the said T D his executors, administrators and assignes, That one of the executors shal imploy the portions to the best benefit for the children, and discharge the other Executours of the same, and from all actions and damages. and every of them shall and will from time to time, and at all times hereafter, cleerly acquit and discharge, or otherwise at or upon reasonable request well and sufficiently save and keepe harmlesse the said R H and A [Page 242] his wife, and either of them, their, and either of their executors and administrators, of and from all and all manner of lawfull actions, suits, troubles, charges and incumbrances whatsoever, which shall or may bee had, brought, commenced or prosecuted by the said R D. H D. B D. and I D the said four younger sonnes of the said B D the father, or any of them against the said R H and A his wife, or either of them, their or either of their executors or administrators, for or in respect of the said several portions, legacies or sums of money given or devised by the said B D the father by his said last Will and Testament, to his said foure younger Sonnes as aforesaid, or any of them, or any part or parcell of them, or of any of them, or for the encrease or profit that shall or ought to grow, or rise thereby as aforesaid, and of and from all actions which shall (without fraud or covin of the said R and A or any of them, or of the executors of the said A) bee brought against the said parties to these presents or any of them, or the executors of the said A as executors or executor, or as executor of the executor of the said B D the Testator, and of and from all costs, damages and charges of and concerning the same.
And the said R H and A his wife do covenant and grant for themselves and either of them, That one of the executors shall not intermeddle or dispose of any portions given by the Testator. their heires, executors and administrators, to and with the said T D his executours and administrators and every of them by these presents, That neither they the said R H and A his [Page 243] wife, nor either of them shall or will at any time or times hereafter deale or entermeddle with any of the legacies, portions or summes of money devised, given or limited to the said four younger Sonnes of the said B D the Father, or any of them in or by the last Will and Testament of the said B D the Testator, nor with the encrease or proceede thereof or of any of them. And that hee the said T D his executours and assignes shall and may from time to time, and at all times hereafter, untill the full ages of the foure younger Sonnes respectively, have the custodie, disposition, use and occupation of all the said several portions and summes of money mentioned to be given or devised to the said R D. H D &c. or any of them, in or by the last Wil and Testament of the said B D the Father, and of the profit, increase and proceede that shall grow due, of or by the same or any of them without any let, trouble or interruption of or by the said R H and A his wife, or either of them, their or either of their executors or administrators, or any of them, or of or by any other person or persons whatsoever by or with their or either of their means, assent, consent or procurement.
And it is further covenanted, granted, concluded and agreed by and between the said parties to these presents That in case any summe or summes of money, That the Testators debts shall be satisfied of his goods, or else equally paid by the executors. debt or damages shall at any time or times hereafter (without fraud or covin) be had or recovered against the said parties to these presents, as executors of the said last Will and Testament of the [Page 244] said Testator, that the same shall be satisfied of the goods and chattels which appertained unto the said Testator at the time of his decease, and for and in default of assets thereof, the same shall be indifferently borne and paid by the parties to these presents, part and part like. And further, For equal divisions of the Testators goods betweene the executors. that all the rest and residue of the goods, chattels, rights and credits which were the said B D the Fathers, or due or appertenant unto him at the time of his decease, and not by him bequeathed in and by his said last Will and Testament (his Funeral charges defraied, legacies performed, and his debts satisfied and paid) shall bee equally divided betweene the said R H and A his wife, and the said T D viz. the said R and A to have the one moitie thereof, and the said T D the other moitie thereof without fraud or guile.
And it is further covenanted and agreed by and between the said parties to these presents and every of them, That the one executor shall do no act to hurt the other executor. That they, nor any of them shall or will at any time or times hereafter directly nor indirectly do, make, cause nor wittingly or willingly suffer or commit any act or acts, thing or things, to the intent or whereby the said parties or any of them shal or may be charged, prejudiced or incumbred touching or concerning any action or suit to be brought against them or any of them as executors or executor of the last Will and Testament of the said Testator.
In witnesse, &c. Blunden.
The form of a Will
IN the name of God amen: The twenty fourth day of I in the 43 d yeare of the Reign of our Sovereign &c. and in the year of our Lord God one thousand six hundred and one I VV R of &c. being sick in body, but (thanks be to almighty God) of good and perfect memory, do make and ordain this my last Will and Testament in manner and form following, that is to say, First and principally I commend my Soul to Almighty God my Creator and Redeemer, trusting by his Infinite mercy and the blood of our Lord and Saviour Christ Jesus to be saved. And my body to be Buried in the Parish Church of S in such decent manner as my Executrix hereafter named and other my good Friends shall think fit, there to remain in Christian Buriall untill the Resurrection of all flesh, which I believe and expect. And my will and minde is that all such due Debts and summes of mony as at the time of my death shall justly appear to be due and owing by me to any person or persons, be by my Executrix of this my present last Will and Testament (hereafter named) well and truly paid. And as touching the disposition of my Temporal things, First, I give and bequeath unto my Nephew, &c. Item, I give and bequeath &c. (And after all Legacies and portions given) The residue of all and singular my goods, chattels, debts, leases, jewels, plate, housholdstuff and summes of mony and other things whatsoever, not hereby given or bequeathed, willed or [Page 246] appointed (my debts and Legacies being paid and Funeral discharged) I wholly give and bequeath to my executrix hereafter named. And I do by these presents make and ordain my well beloved Wife I R Sole Executrix of this my present last Will and Testament to see the same truly performed. And I do also hereby make and ordaine my said Loving Brother in Law I W of &c. and my loving Friend Master H B of &c. Overseers of this my last Will and Testament. And do give and bequeath unto the said H B for his labour and paines in that behalf the summe of ten pounds of &c. And I do hereby ordain and appoint that my said Executrix shall in all things touching the execution of this my last Will be ruled and governed by my said overseers, or the survivor of them; and that all doubts arising in any thing conteined in this my Will be ordered, discussed and determined by my said overseers, or the Survivour of them: and whatsoever they, or the Survivor of them shall so order and discusse, I will shall be as my Will. 1
To sue forth a writ of Entry of a Manor.
THis INDENTƲRE made &c. Witnesseth, that it is covenanted, granted, condescended and fully agreed by and between the said parties to these presents, And the said H E doth covenant &c. to and with &c. That he the said H E or his heires before the Feast of &c. at the proper costs and charges in the Law of the said W G his heires or assignes, shall permit and suffer A B and C D to bring and sue out of the Queenes Majesties high Court of Chancery one writ of Entre sur disseisin in le post against the said W G. teturnable before the Justices of the Common pleas at a certain day before the said Feast. By which writ the said A B and C D shall demand against the said W G all that Manor of S &c. by the name of &c. or by any other name or names whatsoever, whereunto the said W G shall appear before the said Justices, at the said day of return to be conteined in the said writ, in his own proper person, or by his Atturney sufficiently Authorized by the Law for the same, upon which appearance the said A B and C D shall declare against the said W G according to the nature of the same writ, And that he the said E shall permit and suffer the said W G to make defence, and to vouch over to warranty the said H E, and the same H E by himself or his Atturney sufficiently authorized by Law for the same, shall vouc [...] over to warrant the common vouchee, and thereupon imparle, & after the same imparlance [Page 248] in the same Term shall make default and depart, in contempt out of the Court, to the intent a perfect Recovery and judgment in the said writ may be had against the said W G of the said Manor and Lordship, and all other the premises according to the order and course of common Recoveries in such cases used. And further, that the said Recovery and the Judgement and execution thereupon, so as is aforesaid to be had and pursued by the said A B and C D shall be to the only use and behoof of the said W G and of his heires and assignes, and to none other use intent and purpose. (A Covenant for incumbrances.)
In witnesse, &c.
To sue forth a Recovery in the Hastings Court, London, upon a writ of Right.
THis INDENTURE made &c. Between &c. Witnesseth, that whereas T H did by his deed of feoffement late give and grant unto the said I N and A his wife, and E N all those his four messuages &c. to have and to hold the said four messuages &c. to the said I M. to the use and behoof of the said I A and E and of the heires and assignes of the said I for ever. It is therefore covenanted, condescended and agreed between the said I A and E, and the said I for him, his heirs and assignes, doth covenant &c. to and with the said E his heires and executors by these presents, That before the Feast of &c. a Recovery shall be had and suffered by the said [Page 249] I N, A his wife, and E N. of the said four messuages and other the premises with their appurtenances in a writ of right patent in the Hastings pleas of L. against the said T H and A his wife and the said E, by such person and persons as by the said I A and E shall be named: And that after such Recovery thereof sued and had, the same recoverour and recoverours shall stand and be seized of the said foure messuages &c. to the use of the said I and A his wife during their two lives, and the longest liver of them. And after their decease to the use of the said E. and of the heires of his body lawfully begotten; and for default of such issue of the body of the said E, to the use of the heires and assignes of the said I for ever.
In witnesse, &c.
An other for a Recovery to bee passed.
THis INDENTURE made &c. Between &c. Witnesseth, that it is covenanted, condescended and agreed between the said parties to these presents, in manner and form following, viz. That he the said A shall and will permit and suffer the said C D to recover against him the said A by one writ of Entre sur disseisin in le post, with vouchers after the order and course of common recoveries, all those three Marishes, &c. All which premises the said A now purposeth and intendeth to convey to himselfe and to his heires in fee simple, and to extinguish, and to destroy all such estate as he now hath in the same, with all such remainders as be thereupon depending. And also that he the same [Page 350] A shall and will permit and suffer the said C D to execute the said Recovery, which said recovery so to be had, knowledged and executed, shall remaine and be to the onely use and behoof of the same A and of his heirs and assignes for ever, and to none other uses or intents. And further it is covenanted, granted condescended and agreed between the said parties to these presents, That the said C D and his heires shall from and after the said recovery so had and executed, stand and be seized of the said Marishes, and other the premises with their appurtenances, to the sole and only use and behoof of the said A his heires and assignes for ever, and to none other use, uses or intents.
In witnesse, &c.
For a Recovery passed.
THis INDENTURE made &c. Between &c. Witnesseth, that whereas the said A B and C D in the Term of St. Hylary holden at VVestminster, in the two and twentyeth yeare of her Majesties Reign, by force of a writ of Entre sur disseisin in le post have recovered to them and their heires for ever against the said E F and his heires one messuage &c. as by a Recovery exemplified under the Seal of her Majesties Court of Common pleas at VVestminster more at large appeareth. Now be it known that the intent and meaning of the said parties were and so be, and the said A B and C D do Covenant &c. That the said Recovery was and is, and for ever [Page 251] hereafter shall stand, continue, remain and be to the onely proper use and behoof of the same E [...] and of his heires and assignes for ever, and to none other use or intent: And that the said recoverers and their heires shall stand and be seized of the said premises in the said Recovery specified to the onely proper use and behoof of the said E F and of his heires and assignes for ever, and to none other use or intent.
In witnesse, &c.
A Release of a Proviso, or condition for payment of mony reserved upon an Indenture of Bargaine and Sale.
TO all Christian people to whom this present writing shall come A B greeting &c. Know ye that I the said A B have the day of the date of this present writing, received and had of C D &c. at or in &c. The full summe &c. of lawful mony &c. to me due and payable on this present &c. in the &c. by force and vertue of one proviso or condition conteined in one Indenture of bargain and sale, bearing date &c. made between me the said A B of the one part, and the said C D of the other part, for, touching and concerning certaine messuages, lands, tenements and hereditaments lying in &c. in the County of &c. which said summe of &c. so by me received as aforesaid, is in full discharge, satisfaction and payment of 500 l. of &c. And is for the full and absolute bargain and sale of that messuage &c. by me the [Page 252] said A B mentioned to be bargained and sold, as in & by the same Indenture more at large appeareth. Of which said sum of two hundred pounds so by me the said A B received as aforesaid, I acknowledg my self fully satisfied, contented and paid, and thereof, and of every part and parcell thereof do clearly acquit, exonerate and discharge the said C D, his executors and administrators and every of them for ever by these presents.
And further know ye, That I the said A B have remised, released and quit claimed, Release of his estate. and by these presents do remise, release and quit claim unto the said C D, b [...]ing in his full and peaceable possession and seisin of the premisses, and to his heirs and assignes, to the onely proper use and behoof of the said C D his heirs and assignes for ever, All the estate, right, title, interest, claime, condition, entrie, benefit and demand whatsoever which I the said A B have, or had, or may, might or ought to have or claime of, in or to the said Messuage, &c. (reciting the land) and of, in and to all and singular other the premisses, with all and singular their appurtenances: So that neither I the said A B my heires or assignes nor any of us, nor any other person or persons for us, or in our names, or in the name of any of us, shall or will at any time or times hereafter ask, claim, challenge, or demand to have any manner of estate, right, title, interest or demand of, in or to the said premisses or any part or parcell thereof: But that we and every of us shall be thereof, and of every part and parcell thereof from henceforth utterly barred and excluded for ever by these presents.
And I the said A B and my Heires, all and singular the said premisses with the appurtenances, [Page 253] against me, my heires and assignes, and every of us, VVarranty. unto the said C D his heirs and assignes for ever, shall and will warrant and for ever defend by these presents.
A Release where three have a Joynt estate of Inheritance.
THis INDENTURE made &c. Betweene T C and H L of the one partie; and Sir G M of the other partie, Witnesseth, That whereas the said G M, T C and H L are and stand joyntly seised to them and their heirs of an absolute estate of Inheritance in Fee-simple of the Mannor and Lordship of E. &c. (Reciting the land at large) which the said G M, T C and H L have by any manner of Conveyance or Assurance by or from R V. &c. as by the Conveyance and Assurance thereof made by the said R Ʋ, unto the said G M, T C and H L more at large it doth and may appear. And which T C and H L have by sufficient Conveyance and Assurance in Law conveyed and assured, remised, released and confirmed all their and either of their estate, right, title and interest in and to the same Mannor and premisses with the appurtenances, unto the said G M and his heirs for ever; and so he the said G M is thereof now solely and absolutely seized in his Demeasne as of Fee. Also the conveyance and estate of the premisses so as aforesaid made unto the said G M, T C and H L and their heires, was to them made by the direction and appointment of the said G M, and [Page 254] at the onely charge and costs every kind of way, as well for the assurance thereof as otherwise, and was meant and intended for the good of the said G M and his heirs, and to be at his and their onely disposition. Now therefore the said T C and H L, as much as in them is or lieth, Have remised, released, quit claimed and confirmed, and by these presents for and from them and either of them, their and either of their heirs, doe remise; release, quit claime and confirm unto the said G M. now being in his full and peaceable possession of the premisses, and to his heirs, all the estate, right, title, interest, possession, claime and demand, which they the said T C and H L have by any manner of conveyance or assurance, of, in or to the premisses or any part or parcell thereof: And do by these presents further deliver and confirm the premisses with the appurtenances, and all their and either of their said estate, right, title, interest, possession, claime or demand of, in and to the same premisses with the appurtenances, and of every part and parcell thereof, unto the said Sir G M. his heirs and assignes. To have and to hold the said Mannor, messuages, lands, tenements, hereditaments and all and singular the premises with the appurtenances, unto the said Sir G M Knight, his heirs and assigns for ever, to the onely use and behoof of the said G M. his heirs and assigns for ever: To hold of the chief Lords of the Fee, by the rents and services for the same heretofore due and accustomed, &c. (with warranty as in others.) 2
In witnesse &c.
A Release of an assignment made upon condition.
TO all Christian people to whom these &c. J O greeting &c. Whereas M C by his Indenture bearing date the &c. day of &c. did for the consideration therein mentioned, bargaine, sell, assigne and set over to mee the said J O. my executors, administrators and assignes all his estate, right, title, interest, term of years and demand of and in all that capitall Messuage &c. and divers other lands, and hereditaments in L. in the said Countie of E. in the said Indenture mentioned: Upon condition nevertheless, That if T R &c. his executors or assigns or any of them did well and truly pay or cause to be paid to mee the said J O, my executors or assigns the summ of two thousand pounds of lawfull &c. at or &c. on the Feast day of &c. without fraud or covin; That then and at all times from thenceforth the said Indenture of assignment made by the said M C. and every covenant, grant, article and thing therein contained, should determine, and be utterly void and of none effect; and then also &c. (Reciting the Covenants verbatim as in the Assignement) As in and by the said Indenture of Assignement to mee made by the said M C. amongst divers other covenants, clauses, articles and agreements therein contained more at large it doth and may appear. Now know ye, that I the said J O have had and received, and by these presents do testifie, acknowledg and declare to have received and had of the said T R, at and upon the said Feast [Page 256] day &c. in the said Proviso or Condition in the said recited Indenture contained. Of which said summe of two thousand pounds so by me received as is aforesaid, and of every part and parcell thereof, I the said J O do acknowledg my selfe justly satisfied and paid; and thereof, and of every part and parcell thereof, and of all and all manner of interest, title and demand in or to the premises, or any of them, do clearly exonerate, acquit, and for ever discharge the said M C and T R, and either of them, their and either of their heires, executors and administrators and every of them by these presents. 3
In witnesse &c.
A Release of a Mannor.
TO all Christian people to whom this present Writing shall come, J R greeting &c. Know ye, That I the said J R, for divers good causes and considerations me in this behalf especially moving, Have remised, released and quit claimed, and by these presents do for mee and my heirs remise, release and for ever quit claim to T C. and M. his Wife, (in their full and peaceable possession and seisin being) and to the heirs and assigns of the said T C, to the onely proper use and behoof of them the said T C, and M. and of the heirs and assigns of the said T C for ever, all the estate, right, title, interest, use, possession, reversion, remainder, propertie, claim and demand whatsoever which I the said J R have, or had, or that I, my heirs or assignes or any of us, at [Page 257] any time or times hereafter shall have, or may, might, should or ought to have or claim of, in, and to all that the Site of &c. (Recite the land as in the Indenture of Bargaine and Sale) and of, in and to every part and parcell thereof; and of, in, and to the reversion and reversions whatsoever, of all and singular the premises herein before mentioned to be remised and released, and of every part and parcell thereof with the appurtenances. And of, in and to all and singular Woods, Underwoods and Trees growing and being of, in or upon the premises or any part or parcell thereof; and of, in and to the ground and soil of the same Woods, Under-woods and Trees; and of, in and to all and singular the Rents and yearly profits whatsoever reserved upon any Demise, Lease or Grant heretofore made or granted of the premises, or of any part or parcell thereof. To have and to hold the said Site &c. the said messuage or tenement called the B. the said tenement called the C. and all and every other the said messuages, lands, tenements, meadowes, feedings pastures, commons, hereditaments, and all and singular other the premises herein before mentioned to be remised, released, and every part and parcell thereof with the appurtenances; Together with the said estate, right, title, interest, use, possession, reversion, remainder, propertie, claim and demand whatsoever of me the said I R and my heirs, of, in and to the same premises, and of, in and to every part and parcell thereof with the appurtenances; unto the said T C. and M his Wife, and to the heirs and assigns of the said T C. to the onely proper use and behoof of them the said T C and M. and of the heirs and assigns of the said T C for ever. So that neither I the said I R nor my heirs, nor any of us, nor any other person or persons for us or any of us, [Page 258] or in the name or names of us or any of us, shal or will at any time or times hereafter ask, claime, challenge or demand to have any manner of estate, right, title, interest or demand, of, in or to the said Site &c. lands, tenements, meadows, feedings, pastures, hereditaments and other the premises, or any part or parcell thereof, and of and f [...]om every part and parcell thereof from henceforth utterly b [...]rred and excluded for ever by these presents ( with Warranty against I R and his heirs.
In witnesse &c.
A Release of a Rent reserved in a pair of articles of agreement.
TO all Christian people to whom &c. W F greeting &c. Whereas I H being possessed of and in one Lease, for divers years yet enduring, of and in divers messuages, lands, tenements, and hereditaments, mentioned and contained in one pair of Indentures dated &c. had and made between him the said I H of the one partie, and H A of the other partie, did by the said recited Indenture assigne and set over unto the said H A the said originall Lease, and all and singular the lands, tenements and hereditaments therein contained. All which the said H A hath sithence by his severall Grants or Assignments granted, assigned and set over unto G K, to have to him, his executors and assignes for and during all their estate, title, term, interest and number of years which they had of, in or to the premises, as by their severall Grants or Assignments [Page 259] more at large appeareth. To this intent, meaning and purpose nevertheless, and upon trust and confidence the same should be to the use, benefit and behoof of D N, W F and R M. equally amongst them. And whereas by a certain paire of Articles of Agreement indented, bearing date the &c. made between the aforesaid W F on the one partie, and the said D N of the other partie: It was agreed between them the said D N and W F, and the said VV F did for himself, his executors, administrators and assignes covenant, grant and agree, to and with the said D M his executors and assigns, That hee the said D N his executors or assignes should and might at all time and times from thenceforth during the said term, have and enjoy to his onely use and behoof, all the estate, title, term, interest, number of years, use and commoditie whatsoever which hee the said VV F, his executors, administrators or assignes had, should or might have of, in or to one full third part in three parts to be divided, of all and singular the premises, and all the estate, title, term, interest, use, benefit and number of years, and commoditie which he the said VV F hath of, in or to the premises or any part thereof. In consideration of the premises, the said D N his executors, administratars or assignes should yearly pay or cause to be paid unto the said VV F his executors, administrators or assignes two hundred pounds during the said term; Te same to be paid &c. (as in the Articles of Agreement) as by the same Articles of Agreement may appeare. Now know yee, That the said VV F for and in consideration of the summe of ten thousand pounds &c. to him in hand at and before the ensealing and delivery of these presents, by the said D N well and truly paid, doth by these presents for him, his [Page 260] heirs, executors and administrators, freely, clearly and absolutely acquit, discharge, grant, remise, release and for ever quit claim unto the said D N his heirs, executors &c. the said yearly rent or summe of 200 li. of &c. so as aforesaid mentioned, reserved or covenanted to be paid in and by the said Articles of Agreement as aforesaid, and all and every the covenants, conditions and agreements touching the same rent; and also all and all manner of actions, suits, cause and causes of actions and suits, trespasses, reckonings, rents, arrearages of rents, accompts, executions, sum and summes of money and demands whatsoever which at any time heretofore ever he the said VV F hath or had, or that hee, his heirs, executors &c. or any of them at any trme or times hereafter can or may have, claime or challenge to have to, for or against the said D N his heirs, executors or administrators, or any of them, for or by reason of the said yearly rent of 200 li. or any of the Articles of agreement concerning the same or any of them, or any other the covenants in the said severall Writings contained, or either of them. And further know ye, That the said W F doth by these presents remise and release unto the said D N his executours and administrators all and all manner of other actions, suits and demands whatsoever which at any time heretofore he hath had, or at any time hereafter shall or may have to or against the said D N his executors or administrators, for or by reason of any other matter, cause or thing whatsoever, from the beginning of the world untill the sixth day of [...]. 1600.
In witnesse &c.
A release of a Condition in an Indenture of bargain and sale, with the proviso recited.
TO all Christian people to whom &c. T C and R W &c. greeting &c. Whereas the said T C and R W by their Indenture of bargain and sale bearing date &c. as well for and in consideration of the sum of 1000 l. &c. then in hand paid to E E by M B, as for 20. s. paid unto the said T C and R W, and for divers other good causes and considerations them thereunto especially moving, did bargain and sel, enfeoff and confirm unto the said M B his &c. for ever all that their Park of N &c. (verbatim, as in the Indenture of bargain and sale) as by the same recited indenture amongst divers other grants, covenants provisoes, clauses and agreements therein contained more plainly at large it doth and may appeare. In and by which Indenture before recited, there is a condition or proviso contained in these words, or to this effect following; that is to say, provided alwaies that if the said M B &c. (reciting the proviso or covenant truly.) Now know yee that wee the said T C and R W for divers good and reasonable causes and considerations us in this behalfe specially moving, Have remised, released and quit claimed, and by these presents do for us and our &c. remise, release and for ever quit claime unto the said M B being in his full and peaceable possession and seisin of the premisses, and to his heires and assignes, to the only proper use and behoof of him the said M B his &c. for ever, the said proviso and condition, and [Page 262] all and every article, matter and clause concerning the same, and all the state, right, title, interest, claim, condition, entry, benefit and demand and every of them whatsoever which wee the said T C and R W or either of us, have or hath, or may, or ought to have, or claim of, in or to the said Park called N. lodges, lands, tenements, meadows, feedings, pastures, woods, underwoods, waters, fishes, fishings, wast grounds, hereditaments and all and singular other liberties, profits and commodities whatsoever mentioned, expressed or intended to be granted, bargained or sold in or by the said recited Indenture, dated &c. and of, in and to every part and parcel thereof with the appurtenances, So that neither wee &c, (as in other before, with warranty as aforesaid.)
In witnesse, &c.
A release of an annuity.
TO all Christian people to whom &c. A B greeting &c. Whereas the said A B by his deed &c. (reciting the grant of annuity.) Now the said A B in consideration &c. hath granted, remised, released and quit claimed, and by these presents doth grant, remise, release, and for ever quit claime unto the said R O being the true and lawfull owner of the said Manor of K. and in possession of the same at the sealing and delivery hereof, The said annuity or yearly rent of thirteen pounds &c. and all the arrerages thereof, if any bee, and all the estate, right, title, interest, benefit, claime and demand whatsoever of him the said A B in and to [Page 263] the said annuity or yearely rent of thirteen pounds or any arrerages, distress or distresses, entry or forfeiture had or taken, or which may or can be had, taken or claimed for or concerning, or by reason of the said annuity or yearly rent, or arrerages thereof, if any be.
In witnesse, &c.
A release of the condition and other covenants in an Indenture of mortgage, with a confirmation from the mortgagor to the mortgagee.
THis INDENTURE made the &c. between Sir H H &c. of the one partie, and R L and G L of the other partie; Whereas the said Sir H H by one Indenture bearing date 1 J. &c. as well for and in consideration of the summe of four thousand pounds then already paid unto the said H H before the ensealing and delivery of the said Indenture, as also for and in consideration of the summe of one thousand pounds &c. to be paid unto the said H his executors or assignes at such day, time and place, and in such manner and forme, as in the said recited Indenture dated 1. J. were set down and expressed, Hath given, granted, bargained, sold, confirmed and delivered unto the said R L and G L their heires and assigns for ever, all that the Manor or Lordship of E in the County of L &c. (as in the Indenture) and sithence the said Sir H H and R his wife have levied a fine of the said Mannor or Lordship, Messuages, Lands, Tenements and of other the premisses, or of the greatest part thereof unto the said R L and [Page 264] G L and to the heires of one of them. And sithence a Recovery in and by a writ of Entre sur disseisin in le post hath been had of the premisses or of the most part thereof against the said R L and G L. who vouched therein to warrantie the said H H. who thereupon entred into warrantie, and vouched over to warrantie the common vouchee, in and by all things according to the usual order and forme of common recoveries with double voucher for assurance for Lands and Tenements; which recovery hath been executed by writ of habere facias seisinam accordingly; which said fine and recovery, and all other fines and recoveries whatsoever, sithence the date of the said Indenture, had, levied or suffered by or between any of the said parties to the same Indenture or any of them, of the premises or of any part or parcel thereof, were had, levied and suffered to the only use of the said R L and G L and their heires upon the condition contained in the same Indenture, and according to the intent and true meaning of the same Indenture dated the said first day of J. and to no other use, intent or purpose. In which said Indenture, dated the said first of J. there is a proviso or condition contained in these words or to this effect following, that is to say, Provided alwaies &c. (reciting the proviso) and in which said recited Indenture dated the said first day of J. there is a covenant contained in these words, or to this effect following; that is to say, And the said R L and G L do covenant and grant &c. (reciting the Covenant, that the Mortgagor may have and receive the issues of the land mortgaged til the day of payment) &c. And in which said recited Indenture dated the said first day of J. there is also contained a covenant in these words or to this effect following, viz. In consideration whereof, the said R L and [Page 265] G L for themselves, their heires, executors and assignes and every of them do covenant and grant to and with &c. by these presents, That if the said H H his heires or assignes nor any of them, do pay the said sum of four thousand pounds &c. to the said R L and G L their &c. nor to any of them, according to the intent and true meaning of the said proviso or conditions before herein mentioned, That then they the said R L and G L their &c. or some of them shall and will well and truly pay or cause to be paid unto the said H H his &c. or some of them at the said &c. the summe of one thousand pounds &c. at or upon the second day of M. &c. as the residue and full satisfaction of the cleere and absolute purchase of the said Manor or Lordship, Lands, Tenements, and other the premisses without fraud, covin or further delay as in and by the said recited Indenture, dated the said first day of J. amongst divers other covenants, grants, articles and agreements therein contained more plainly at large, doth and may appeare. Now this Indenture witnesseth, that the said H H for divers good and sufficient causes and considerations him the said H H especially moving, hath remised, released and quit claimed, and by these presents doth for him and his heires remise, release and for ever quit claime unto the said R L and G L, in their full and peaceable possession and seisin being of the premisses, and to their heires and assignes, to the only proper use and behoof of them the said R L and G L their heires and assignes for ever, The said proviso and condition, and all and every article, matter and clause concerning the same, and every or any the said covenants before herein recited, and every article, sentence and clause concerning the [...]ame and every or any of them, and [Page 266] all the estate, right, title, interest, claime, condition, entry, benefit and demand whatsoever, which hee the said H H hath, or may, might, should or ought to have or claim of, in or to the said Manor or Lordship of E. Mannors, Messuages, Lands, Tenements, Rents, Reversions, Services &c. and all other profits, liberties, commodities, hereditaments and other the premisses with their and every of their rights, members and appurtenances whatsoever mentioned, expressed or intended to be given, granted, bargained and sold in or by the said recited indenture, dated the said first day of J. and of, in and to every part and parcell thereof with the appurtenances, and all manner of conditions, covenants, articles for conditions broken, and demands whatsoever of, touching, or in any wise concerning the said Manor or Lordship, Lands, Tenements, and other the premisses, or any part or parcel thereof, so that neither he the said H H nor his heires, or any of them, or any other person or persons for him, them or any of them or in his or any of their name or names, or in the name or names of them, or of any of them, shall or will at any time or times hereafter, ask, claim, challenge, or demand to have any manner of estate, right, title, interest or demand of, in or to the said Manor or Lordship and other the premisses, or any part or parcel thereof other then such estates, termes and interests as are in the former recited Indenture excepted. But that hee, they and every of them (except before excepted) shall be thereof, and of and from every part and parcell thereof from henceforth uttterly barred and excluded for ever by these presents.
And further, the said H H doth for him and his [Page 267] heires, confirm the estate of the said R L and G L of and in the said Mannor or Lordship, Messuages, A Confirmation. Lands, Tenements, and other the premisses, to have and to hold all the Mannor or Lordship, Lands, Tenements, and other the premisses to the said R L and G L their heires and assignes for ever, absolutely without any manner of condition whatsoever, to the only proper use and behoof of them the said R L and G L their heires and assignes for ever. And the said H H and his heires, the said Mannor or Lordship, Lands, Tenements, Hereditaments, and all and singular other the premises with their and every of their appurtenances unto the said R L and G L their heirs and assignes, to the only use and behoof of them the said R and G their heires and assignes for ever against all men, shall and will warrant, and for ever defend by these presents. And the said H H doth also by these presents remise, release and quit claime unto the said R L and G L their heires and assigns, all manner of errors, writs of errors, and personal demands whatsoever.
In witnesse whereof, &c.
A release of errors in passing a fine & recovery and other assurance.
TO all Christian people, &c. A B. C D and E F. &c. greeting, Whereas I the said A B by one Indenture bearing date, &c. and by one fine pursuing the same, levied in her Majesties Court [Page 268] of common pleas held a Westminster in Easter Term in the same 24 yeare of &c. did convey and assure unto the said C D and E F and to the heires of the said C D amongst other things, All that the Manor &c. or either of them, of, or in which I the said A B or any other as Farmer or Tennants, of or to L B my late Father, hath or had any estate, right title or interest, or then, or late did hold, enjoy, perceive or take the rents, issues or profits thereof, and all the lands &c. Since which time the said Manors and other the premises, have for certain sums of mony to me the said A B and to the said C D and E F by G H of &c. paid &c. been bargained and sold by me the said A B and the said C D and E F to the said G H and his heires. And whereas for his further assurance thereof, I the said A B and N my wife did in Hilary Term in the thirty third yeare &c. levy one fine to the said G H in the said Court of Common pleas of, and concerning the said Manors of &c. with the appurtenances. And further one common Recovery was had in the Court of Common pleas in Michaelmas Term in the thirty third yeare &c. by W G and I D Gentlemen, against the said G H of, and for the said Manor of &c. In which recovery the said G H did vouch to warranty the said C D and E F who vouched over me the said A B and one other common Recovery, was had in the said Court of Common pleas in Michaelmas Term, which was in the 33 and 34 yeares &c. by the said W G and one I B Gentlemen against the said C D and E F. of, and for the said Manor &c. with the appurtenances, In which Recovery the said C D and E F did vouch to warranty mee the said A B. Now know ye that I the said A B do by these presents remise, release and for ever quit claim for and from me and my heires to the said G H and [Page 269] his heires, and to all others to whom it may appertain, All and all manner of Errors, Defects and misprisions whatsoever, which have been or may have been committed in the levying or p [...] suing of the said Fines, or either of them, or in the pursuing of the said several Recoveries, or either of them, or in any writs, process or other matter whatsoever touching or concerning the same, And all manner writs of error which may be brought by me the said A B or my heires, for the avoiding, reversing or disanulling of the said Fines or Recoveries, or any of them; And all the right, title, interest, challenge and demand which I the said A B or my heires, have, or may have either for the bringing or pursuing of any such writ, or writs, or otherwise into, or concerning the said Manor, and other the premises, or part or parcel of them, or any of them. So as I the said A B and my heires shall or will be excluded, barred and foreclosed of and from any challenge, title, right or demand thereunto for ever. And I the said A B and my heires shall and will warrant and defend the said Manors, and other the premises, to the said G H his heires and assignes against all persons. And we the said C D and E F do likewise for and from us, and our heires remise, release and for ever quit claim to the said G H his heires and assignes and to all other to whom it may appertain all and all manner of Errors, Defects and Misprisions whatsoever, which have been, or may have been committed in the suing or prosecuting of the said severall recoveries; or either of them, or in any writs, process or other matter whatsoever, touching or concerning the same; And all manner writs of Error, which we or either of us, or either of our heires may bring or be intitled to sue for the avoiding, [Page 270] reversing or disanulling of the said several recoveries, or either of them, And all the right, challenge, title, interest and demand which we the said C D and E F, or either of us, or either of our heires, have or may have, either for the pursuing of any such writ, or writs, or otherwise, into or concerning the said Manors and other the premises, or any of them, so as we and our heires shall and wil be thereof excluded and barred for ever.
In witnesse, &c.
A Conveyance out of a Letters patents.
THis INDENTURE made &c. Between A B of the one party, and C D and E F on the other party, Witnesseth, That the said A B as well for a certain summe of good and lawful mony of England, unto him beforehand by the said C D and E F well and faithfully paid, whereof he confesseth himself to be fully satisfied and paid, and them the said C D and E F their heires, executors and administrators and every of them thereof doth acquit, and for ever discharge, by these presents. As for the discharge of the trust and confidence in the same A B, by the said C D and E F reposed, as also for other causes and considerations, hath given, granted, bargained, sold and confirmed, and by these presents for him and his heires doth give, grant, bargain, sell and confirm to the said C D and E F all that Tenement &c. And also all and singular messuages, mils, houses, buildings, structures, barnes, stables, dove-houses gardens, orchards, tofts, crofts, curtelages, lands, tenements, meadows, feedigns, pastures, rights, jurisdictions, franchises, priviledges, liberties, fruits, profits, [Page 271] commodities, advantages, emoluments and hereditaments whatsoever, with their appurtenances, by what names or additions of names they are called, reputed, named or known, situate, lying and being, arising, increasing, or growing within the Villages, fields, places, parishes or hamblets aforesaid, or within any of them, to the said tenement and other the premises, above by these granted, bargained and sold, or to any of them in any wise belonging or appertaining, or as member, part or parcel thereof, at any time heretofore accepted, known, occupied, used or reputed. As also the reversion and reversions whatsoever, of all and singular the said tenements, lands and other the premises, above by these presents granted, bargined and sold, expectant and depending of, in and upon any demise or grant, demises or grants, for term or terms of life, lives or yeares, or otherwise made of the premises or any part thereof. And also all and all manner of woods, underwoods and trees whatsoever of, in and upon all and singular the premises above by these presents granted, bargained and sold, or upon any part or parcel thereof growing or being, and all the reversion and reversions thereupon whatsoever, As also the rents and yearly profits whatsoever reserved upon any demise or grant of the premises by these presents before bargained & sold, or of any parcel thereof made: And the rents and yearly profits of all and singular the premises above by these presents granted and of every parcel thereof, As fully, freely and intirely and in as large and ample manner as the late King &c. by his Letters patents under the great Seal of England made, doth &c. the same, all and singular the premises above by these presents granted &c. with the appurtenances (amongst others) to him the said A B his &c. for ever, lately hath given and granted the same, as by the same Letters patents (amongst [Page 272] others) more fully appeareth. Excepting neverthelesse alwaies, and out of this present grant reserved, all Advowsons, Donations, free dispositions, & right of patronage, of all and singular Churches, Vicarages, Chappels and other benefices ecclesiastical whatsoever to the said premises above by these presents granted &c. or to any parcel thereof belonging or appertaining. To have, hold and enjoy the aforesaid tenement &c. and all and singular other the premises above by these presents granted &c. with all their appurtenances, and the reversion and reversions whatsoever of all and singular the premises and every of them (except before excepted) to the said CD and E F and to the heirs of the body of E F. the remainder thereof to the right heirs of the said C D for ever, To be holden of the said late King his heirs & successors as of his Manor of East Greenwich in the County of Kent by fealty only, in free and common Sockage, and not in chief nor by Knight Service: and the aforesaid A B and his heires, the said tenement & all & singular other the premises above by these presents granted &c. with all their appurtenances to the aforesaid C D and E F and to the heires of the body of the said E F lawfully begotten, the remainder thereof to the right heirs of the said C D for ever, to the only proper uses and behoofs aforesaid, against him the said A B his &c. will warrant, and for ever by these presents defend. And also the said A B doth covenant and grant for him his &c. by these presents to and with the said C D and E F their &c. and with every of them, That he the said A B his heires &c. aswel all and singular the premises above by these presents granted &c. with the appurtenances and every parcel thereof, as the aforesaid C D and E F their &c. and every of them, of, and from all statutes merchant, and of the staple, recognizances, former bargains, [Page 273] leases, grants, and other charges, and incumbrances whatsoever by him the said A B, or by any other person, or persons, by the assent, consent, commandment, or procurement of the said A B, before the sealing, and delivery of these presents, in any manner had, made, acknowledged, or granted, (besides the services and charges, by, or in the said Letters Patents, for the premisses reserved, or mentioned) at all times hereafter will for ever acquit, exonerate, and keep har [...]esse, by these presents
And lastly, the aforesaid A B, hath made, ordained, constituted, and in his place, by these presents, put F G, and L M Gentlemen, his true and lawfull Attorneys, joyntly and severally to enter in his stead, for him, and in his name, into the aforesaid, &c. and other the premisses by these presents granted, or into any, or some part, or parcell thereof in the name of the whole; And full and peaceable possession, A Letter of Attorney to deliver Seisin. and seisin of and in the premisses with the appurtenances, for him, and in his name to take, & after such possession, and seisin so thereof taken, and had, to deliver full and peaceable possession, and seisin, of and in the same premisses with the appurtenances, or of some parcell hereof, in the name of the whole, to the said C D, and E F, or either of them or to their certain Attorney or Attorneys in that behalf, according to the form and effect of this present Indenture, to them thereof made: Ratifying and confirming all and whatsoever his said Attorneys shall do, or either of them do in the premisses, or in any part thereof, by these presents. In witnesse, &c.
A Surrender to the King of a Lease for years.
TO all Christian people to whom this present Writing shall come, P E of, &c. sendeth greeting, &c. Whereas our Soveraigne Lord King Charles, by his Letters Patents under the Great Seal of England, dated at Westminster, &c. for the considerations in the same Letters Patents expressed and specified; Hath demised, granted, and to farme let, to the aforesaid P E (amongst other things) All that his manner of L, with all the rights, members, and appurtenances thereunto, in his County of I. and all Houses, &c. (as in the said Letters Parents) And also the reversion, and reversions whatsoever of the said Mannor, Lands, &c. and all and singular other the premisses, with all their appurtenances, and every parcell thereof; All and singular which premisses with the appurtenances, to the late Monastery of X then dissolved, did heretofore belong, and appertain, and were parcell of the possessions thereof, to have and to hold all the said mannour, lands, tenements, meadows, feedings, pastures, rents, reversions, services, Courts Leete, view of Frankepledge, perquisites of Courts, and all and singular other the premisses above recited, and by the same Letters Patents demised and granted, with all their appurtenances (except as in the said Letters Patents are excepted) to [Page 275] the said P E, his executors and assignes, from &c. untill the full end and terme of, &c. then next insuing, and fully to be ended: Rendring yearly to our said late Soveraigne Lord the King, his heires and successors, of and for the said Mannour, with the app [...]rtenances, &c. of lawfull English money, at the feasts of, &c. to the hands of our Bayliffs, or Receivers of the premisses for the time being, by equall portions payable during the terme aforesaid thereout by the said Letters Patents above recited, granted, as by the same Letters Patents more fully appeareth: Now know ye, me the aforesaid P E, for divers good and reasonable causes, and considerations me in this behalf especially moving: To have given, granted, surrendred, and confirmed; and by these presents, for me and mine heirs, to give, grant, surrender, and confirme to our said Soveraigne Lord, King Charles, &c. All my right, estate, title, terme of years, interest, and demand of me the said P E which ever I have had, have, or in any wise hereafter may have, of, or in all and singular the messuages, houses, buildings, lands, tenements, hereditaments, meadows, feedings, pastures, commons, rents and all and singular other the premisses, scituate, lying, and being, coming, growing, or arising in X aforesaid, in the said County of I, and of, and in every parcell thereof, with all their appurtenances to the said late Monastery of X heretofore belonging, or appertaining, by vertue, or colour of the aforesaid Letters Patents above recited; To have, hold, and enjoy the aforesaid messuages, houses, buildings, lands, tenements, hereditaments, meadows, feedings, pastures, commons, rents, and all and singular other the [Page 276] premisses, with all their appurtenances in X aforesaid, in the said County of I. and all my right, estate, title, terme of years, interest, and demand of me the said P E, of and in the same premisses in X aforesaid with their appurtenances, to our said Soveraigne Lord King Charles, his heirs and successors, to do therewith at his and their will and pleasure.
In witnesse, &c.
A Surrender of a lease for lives to the King.
Whereas our Soveraigne Lord King Charles, by his Letters Patents, under the Great Seal of England, dated at Westminster, &c for the considerations in the said Letters Patents mentioned and expressed, Hath given, granted, and to farme letten, to me the said W D, M H, and A L, all those Tenements, &c. And all and singular houses buildings, structures, store-houses, stables, chambers, shops, cellers, solars, wayes, void grounds, springs, easements, lands, meadows, feedings, pastures, commons, profits, commodities, advantages, emoluments, and hereditaments whatsoever, in W, or elsewhere to the premisses by the said Letters Patents afore demised, or to any of them, in any manner belonging; or appertaining, or thereout growing, or arising, [Page 277] or with the same, or any of them, then heretofore, for the severall rents by the same Letters Patents reserved, demised, disposed, used, or occupied, being either as part, parts, or parcels of the premisses had, known, or reputed; Except, neverthelesse alwayes, and to our said Soveraigne Lord, his heirs, and successours, altogether reserved, all great trees, woods, underwoods, mines, and quarries in the premisses, To have and to hold all and singular the premisses by the said Letters Patents demised, with all their app [...]rtenances, (except before excepted) to the aforesaid W D and his assignes, for the terme of his life, and after his decease, surrender, or forfeiture, Then our said Soveraigne Lord willeth, and granteth by the same Letters Patents, that all and singular the premisses by the same Letters Patents demised, with all their appurtenances (except before excepted) should wholly remain to the said M H and his assignes, for the life of him the said M H: And after the decease, surrender, or forfeiture of both the said W D, and M H, then our said Soveraigne Lord the King hath willed and granted, by the same Letters Patents, that all and singular the premisses thereby demised, with all their appurtenances, (except before excepted) should wholly remain to the said A L and his assignes for the terme of his life: Rendring yeerly to our said Soveraign Lord the King, his heirs and successours, of and for the aforesaid Tenement, &c. of lawfull English money, at the fe [...]sts, &c. at the Receit of the Exchequer, or to the hands of his Bailiffes, or Receivers of the premisses, for the time being, by equall portions, to be paied during the severall termes aforesaid: And after the decease of each of the said W D, [Page 278] M H, and A L deceasing, Tenants in possession of the premisses, then rendring and paying to our said Soveraigne, his heirs and successours, sixty shillings of lawfull, &c. of him who should so die, in the name of a Herriot. And whereas in the same Letters Patents a certain Proviso is contained amongst others: That if the said W D at any time during his life, would surrender the said Letters Patents, and all his right, estate, and interest of and in the premisses, by his Writing, sealed with his seal, to our said Soveraigne Lord the King, his heirs and successours in Chancery. That then and from thenceforth, the estate and interest of the said M, and A and either of them, of and in the premisses should cease, and from thenceforth the said Letters Patents should be void, and of none effect in law, any thing in the said Letters Patents to the contrary thereof, notwithstanding any Statute, Act, Ordinance, provision, proclamation, or restriction to the contrary thereof, then before had, made, published, ordained, or provided, or any otherthing, cause, or matter whatsoever, in any wise notwithstanding, as by the same Letters Patents amongst other things more fully appeareth. Now know ye me the said W D, for divers good causes, and considerations me at this present especially moving, To have given, granted, and surrendred, and by these presents, To give, grant, and surrender, to our said Soveraigne Lord the King, his heirs and successours the aforesaid Letters Patents, and all my right, estate, title, claime, terme of life or yeers, interest, and demand whatsoever which I have had, have, or in any manner may, or ought to have, of and in the aforesaid Tenement, &c. and of, [Page 279] and in all and singular the lands, tenements, and hereditaments by the said Letters Patents demised, and of and in every part thereof, by vertue or colour of the said Letters patents to me the aforesaid W D, and the aforesaid M H, and A L, (as aforesaid) made, To have and to hold to our said Soveraigne Lord the King, his heirs and Successours to do therewith at his said Majesties good will and pleasure for ever.
In witnesse whereof, &c.
A Grant of Indenization to Aliens borne.
Know ye, That we of our especiall grace, certain knowledge and mere motion for us, our heires, and successors have granted to our beloved servant P Ʋ of &c. born in lower Germany, I Ʋ his wife of &c born in the Earldom of Flanders, That they and either of them, during their lives, and the lives of either of them, may be Subjects and true lieges of us, our heirs, and successors: and that they as lieges of us, and of our heirs, & successors, during their lives, in all things may be treated, reputed, had, holden, and governed as our faithfull lieges, and either of them during his life, and the lives of either of them, may be treated, reputed, holden, and governed as a faithfull liege of us our heires, and successors, as if they or either [Page 280] of them were born within our Kingdom of England, and not otherwise, or in any other manner. And that they the said P Ʋ and I during their lives, and the lives of either of them, all Actions reall, personall, and mixt in all our Courts and Jurisdictions, and of our heires and successors may have, exercise, and them use, and enjoy, and therein implead, and be impleaded, answer, and be answered, defend and be defended, and either of them, so may, in all, and by all things as our faithfull lieges born in our said Realm of England. And moreover, That the said P Ʋ and I during their lives, and the lives of either of them may, and may be able to purchase, receive, take, hold, and possesse lands, tenements, reversions, and hereditaments, and other things whatsoever within our Realm of England, and within our other Dominions, in see-simple, see tail, for term of life, or lives, for term of year, or years, or any other way at their pleasure, and at their pleasure of either of them, and them use, and enjoy, in as large and ample manner as any other of our lieges within our Realm of England may, and be able to do, and them demise, give, sell, alien and ingage to any person, or persons to whom they shall please, lawfully and freely as any of our lieges born within our Kingdom of England may, or be able to do. And that they the said P Ʋ and I from henceforth hereafter during their lives, and the life of either of them by vertue or power of any Act, Statute, Ordinance, or grant made, or to be made be no otherwise bound or compelled, or either of them bound or compelled, to pay, do or bear to us, or to any of our heires or successors or to any other, any other Taxes, tallages, [Page 281] subsidies granted or to be granted by Act of Parliament to us, our heires, or successors, or any other customes, impositions, or charges whatsoever for their things, Chattels, debts, goods, lands, or persons or either of them, but onely such and so much as other our faithfull lieges born within our Kingdom of England for their things, Chattels, debts, goods, lands or persons pay, give, do, or bear, or have been commonly used to do or bear, and not otherwise, or in any other manner. But the aforesaid P Ʋ and I may have and possesse all, and all manner of liberties, franchises, and priviledges whatsoever, and them may use and enjoy within our Realm of England, and our Jurisdictions as freely, quietly, intirely, and peaceably as other our faithfull lieges born within our said Kingdom of England may use or enjoy the same without lett, molestation hinderance, vexation, or disturbance of us, our heires, or successors, Justices, Escheators, Sheriffes, Bayliffes, Customers, or other officers or ministers whomsoever & by what Acts of Parliament of us, our heires, or successors Ordinances, Proclamations, provisions, or any other matters made, or to be made to the contrary thereof in any wise notwithstanding. And further of our more abundant grace, certain knowledge, and mere motion, We grant for us, our heires, and suceessors to the said P Ʋ and I that from henceforth it shall and may be lawfull to the said P Ʋ and I, and to either of them from time to time, and all times during their lives, and the life of either of them, at his free will, to go and depart out of this our Realm of England, or other our Realms into any parts beyond the Seas whatsoever, and there to stay and remain, and at his [Page 282] and her will pleasure, and at his and her will and pleasure to returne into our kingdom of England when and and as often as they shall please during their lives, without prejudice, stop, fine, impediment, forfeiture or grievance whatsoever of us, our heirs, or successors, or of any of our officers, or ministers of us, our heirs, or successors, as fully, freely, and absolutely as the said P Ʋ and I, or either of them may, or might do whiles they were Aliens. We will also, and by these presents grant, that the said P Ʋ and I shall have these our Letters made unto them without fine or see, great or small, for our use, or otherwise for the premisses to be paid or given, any statutes, ordinances, or proclamations in our Parliament; or of our Predecessours, or out of Parliament to the contrary heretofore made or proclaimed, or hereafter to bee made or proclaimed, or for that the said P Ʋ and I were borne in the parts beyond the Seas, and out of our allegiance, or for any other cause or matter whatsoever notwithstanding.
In witnesse, &c.
A Deed of Gift of Land without Indenture.
TO All, &c. Know yee me the said A B, for and in consideration of the summe of &c. of good and &c. to mee by C D, &c. [Page 283] well and faithfully payd, whereof I confesse, &c. and the said C D his heirs, executours, and administrators thereof acquit, and for ever discharge by these presents: To have given, granted, and by this my present Writing confirmed to the said C D, All that messuage, &c. which said messuage, &c. I lately had to mee and my heirs for ever, of the gift and grant of E F, &c. as by the said Deed dated, &c. more fully appeareth: To have and to hold the said messuage, and all and singular the premisses, with all and singular the appurtenances to the said C D, his heirs and assignes, to the onely use and behoof of the said C D, his heirs and assignes for ever, to be holden of the chief Lord of the Fee, by the services due, and of right accustomed: And I the said A B, and mine heirs, the said messuage, &c. and all and singular the premisses with the appurtenances to the said C D his heirs and assignes, to the onely, &c. against all people will warrant, and for ever defend by these presents. Moreover, know yee me the said A B to have constituted, &c. (A Letter of Atturney.)
In witnesse whereof, &c.
A Deed of Feoffment for a Wives Joynture.
TO All, &c. Know yee me the said A B, in consideration of a marriage, between mee and M L, daughter to C D to be solemnized; [Page 284] To have given, granted, and by this my present Writing confirmed to C D, and E F, All that my Lordship and Mannor of, &c and all houses, &c. (granting the land at large) amounting in the whole to the cleer yearly value of fourty pounds: To have and to hold the said Lordship or mannor, and all other the premisses, with all their appurtenances to the said C D and E F their heirs and assignes, to the onely proper use and behoof of the said C D and E F their heirs & assignes forever: To be holden of the chief Lords of the Fee, by the services there from due and accustomed: Upon this condition neverthelesse; That the said C D and E F their heirs and assignes, or any of them, when they shall be thereunto required by me the said A B, my heirs or assignes, shall reinfeoffe me the said A B, and the said M L in the said Mannor, and in every part thereof, &c. To have and to hold to us the said A B and M, and to the heirs and assignes of me the said A B for ever, to the use of us the said A B and M, and the heirs and assignes of me the said A B for ever. And I the said A B (A warranty:) Moreover know ye me the said A B to have constituted, &c. (A Letter of Atturney, as in others:)
In witnesse, &c.
A Refeoffment upon the same.
TO All, &c. Know yee, that wee the said C D and E F in Complement and performance of a certain Writing dated, &c. to us by A B &c. [Page 285] made and sealed, To have, given, granted, and by this our present Writing confirmed to the said A B and M his Wife, all that Mannor, &c. (as above:) which premisses with the apurtenances, we lately had to us and our heirs for ever, of the gift and grant of the said A B, under a certain condition, as by the said Writing more fully appears: To have and to hold the said Mannor, &c. to the said A B, and M his wife, and to the heirs and assignes of the said A B, to the proper use and behoof of the said A B and M, and to the heirs and assignes of the said A B for ever: To be holden of the chief Lords of the Fee, by the services there from due and of right accustomed: And we the said C D and E F, and our heirs the aforesaid Mannor, &c, to the said A B and L, and to the heirs and assignes of the said A B to the uses aforesaid, against us and our heirs, will warrant, and for ever defend by these presents: (A Letter of Atturney, as above in others:)
In witnesse, &c.
A Grant of an Annuity for life.
TO All, &c. Know yee mee the said A B, in consideration of the good and faithfull service unto me by my beloved servant C D, heretofore bestowed, and hereafter to be bestowed, To have g [...]ven and granted to the said C D, a certain Annuity, or yeerly rent of ten pounds, of lawfull English money to be issuing out of [Page 286] my Mannor, &c. in the County of S. with all and singular the rights, members, and appurtenances thereof. To have, enjoy, and yeerly receive the said Annuity, or yeerly rent of ten pounds to the said C D and his assignes during the naturall life of the said C D, at two termes in the yeer, that is, at the feasts, &c. by equall portions, the first payment thereof to begin at the feast of the Annuntiation of the blessed Virgin Mary next ensuing the date, &c And if it shall happen, the said Annuity or yeerly rent of ten pounds (in forme aforesaid to be received) to be arreare and unpaid in part, or in all, after any of the feasts in which (as aforesaid) it ought to be paid; That then and as often, it shall and may be lawfull to, and for the said C D and his assignes, into the said Mannor and premisses, with the appurtenances, or into any part thereof to enter, and distreine; and the distresses so taken and had, lawfully to carry, leade and drive away, and to retain, untill he shall be of the said Annuity, or yeerly rent, and of the arrerages thereof, if any be, fully satisfied and paid: Of which said Annuity, or yeerly Rent of ten pounds in forme aforesaid, to be received, during the naturall life of the said C D, I have put the said C D in full possession, by the payment unto him of one penny sterling, which I have paid and delivered to the said C D the day of the date of these presents in the name of seisin as in part of paiment of the said Annuity or yeerly Rent.
In witnesse, &c.
An Assignement of an Apprentice.
TO All, &c. Whereas T H, &c. by his Indenture dated, &c. hath put R H his sonne, an apprentice to me the said A B, to learn my Art, and in manner of an Apprentice to dwell with me, and serve from the feast of, &c. unto the end and terme of seven yeers thence next ensuing, and fully to be ended, as in the said Indenture more fully appeareth: Know ye me the said A B to have granted, and by these presents sold unto C D Citizen, &c. all my estate and terme of yeers which I have in the said R H my apprentice now to come; To have and to hold to the said C D, from the day of the making of these presents unto the end and terme of all the said yeers now to come, he finding to the said apprentice meat, drink, apparell, linen, woollen, shooes, bedding, and all other necessaries, during the said Terme, and teaching and informing him in the Art aforesaid, as I the said A B am obliged and bound according to the tenour of the said Indenture:
In witnesse, &c.
A Covenant to make an Acquittance upon payment of money.
ANd the said R P, and A S covenant and grant for them, their heirs, &c. to and with the said I T Knight, his heirs, &c. That they the said R P, and A S and their heirs, and every of them, at all times after the last payment of the said summe of six hundred pound, (in forme aforesaid expressed and limited) had and [Page 288] made to the said A P, and A S, or to either of them, their executors or assignes, according to the true intention of these presents, at the reasonable request, and costs and charges of the said I T, his heirs or assignes, shall make or cause to be made to the said I T his heirs, and assignes such sufficient release and acquittance in the law, testifying the true payment and receit of the said summe of six hundred pound in forme aforesaid, to be made as by the said I T, his heirs, or assignes, or their Councell learned in the law, together with the Councell learned in the law of the said R P and A S, their heirs and assignes shall be reasonably advised and required.
An Indenture of Bargain and Sale.
THis Indenture made, &c. witnesseth, That the said A B as well for, and in consideration of the summe of 700 l. of lawfull money, &c. to him before hand, by the said C D well and faithfully paid, whereof hee confesseth himself fully satisfied and payed; and the said C D, his heirs, executors, and administrators and every of them, thereof doth acquit, and for ever discharge by rhese presents, as for the summe of 700 l. to be payed by the said C D his executors, or assignes the twentieth of November next ensuing the date hereof, at, or in, &c. Hath given, granted, bargained, and sold, and by these presents for him and his heirs doth give, grant, bargain, and sell to the said C D his heirs and assignes for ever. All that house or mannor of, &c. (Reciting all the land) and also all and singular messuages, granges, mills, houses, buildings, [Page 289] structures, barnes, stables, dove-houses, gardens, orchards, shops, sellers, solars, lands, tenements, meadows, feedings, pastures, commons, demeane lands, wasts, heathes, moores, marshes, woods, underwoods, tithes of sheaves, corne, grain, and hay, wooll, linen, hemp, and lambe, and all other tithes whatsoever, as well great and small oblations, obventions, fruits, profits, waters, fishings, suite, soke, mulcture, warrens, mines, quarries, rents, reversions, services, rents secke, as well of free as customary Tenants, works of tenants fee-farmes, annuities, knights-fees, wards, marriages, escheats, reliefs, herriots, fines, amercements, Courts-leet, view of franke-pledge, assises and assize of bread, wine, and ale, chattels waived, strayes, villeyns, nefes, with their sequels, estaners, and commons of estaners, fairs, markets, tolles, customes, rights, jurisdictions, franchises, liberties, priviledges, profits, commodities, emoluments, and hereditaments whatsoever, with all their appurtenances of what kinde or nature, or by what names, or additions of names they be known, reputed, esteemed, or taken, scituate, lying, and being, arising, or growing within the Towns, fields, places, parishes and hamlets of, &c. or in any of them to the said house, mannor, and other the premisses above by these presents granted, or to any of them, in any wise belonging or appertaining, or had, known, reputed, taken, or used as member, part, or parcell of the said Mannor and other the premisses by these presents before granted, or any of them: And also all, and all manner of woods, underwoods, and trees whatsoever, of, in, and upon all and singular the premisses above by these presents granted, bargained and sold, or upon any [Page 290] parcell thereof; And all the ground, soil, of the said woods, under-woods and trees, and the reversion, and reversions whatsoever of all and singular the premisses, by these presents granted, and of every parcell thereof: As also the rents, and yeerly profits whatsoever, of all and singular the premisses above by these presents granted, or of any and every part thereof; as fully, freely, and intirely, and in as large, and ample manner as the said A B lately had and purchased, All and singular the same premisses with the appurtenances, to him and his heirs for ever, in fee-farm, by grant, bargain and sale from G H of, &c. by Indenture dated, &c. as by the said Indenture, Inrolled of record (amongst other things) in his said late Majesties high Court of Chancery more fully may appear: And as fully, freely, and intirely, and in as large and ample manner as his said late Majesty by his Letters Patents under the Great Seal of England sealed, dated at W. &c. the same, all and singular the premisses above by these presents granted, with all their appurtenances, did give and grant the same, to the said G H, his heirs and assignes for ever; To the onely proper use and behoof of the said G H, his heirs and assignes for ever, as by the said Letters Patents more fully appears: To have, hold, and enjoy the said House, or Mannor of, &c. and other all and singular the premisses above by these presents granted, bargained, and sold with all their appurtenances, to the said C D, his heirs and assignes, to the onely use and behoof of the said C D his heirs and assignes for ever: To hold the said mannor of, &c. and all and singular other the premisses above by these presents granted of his said late Majesty his heirs and successors in Chief, [Page 291] by the service of, &c. rendring yeerly to his said late Majesty, his heirs and successors of and for the said Mannor, and other the premisses belonging to the said Mannor 20 l. of, &c. at the receit of his said Majesties Exchequer at W. or to the hands of the generall Receivors of his said Majestie, his heirs and successors of the premisses for the time being, at the feasts of, &c. yeerly to be paid for all other services, rents, duties, charges, suits, and demands whatsoever therefore due. The Warranty And the said A B and his heirs, the said house and mannor of, &c. and all other the premisses above by these presents granted, with all their appurtenances, to the said C D his heirs and assignes, to the onely use of the said C D his heirs and assignes for ever, against him the said A B, his heirs and assignes will warrant, acquit, and for ever defend by these presents.
And the said A B doth Covenant, Discharged of Incumbrances. &c. that he the said A B, his heirs executors, and administrators, as well and all and singular the premisses above by these presents granted, with the appurtenances and every part thereof, as the said C D his heirs executors, and administrators and every of them, of and from all statutes merchant, and of the staple, recognizances, former bargains, leases, lases, grants, demands, jointures, dowers, and other charges, and incumbrances whatsoever by him the said A B, or by any other person, or persons, by the assent, consent, or procurement of him the said A B, before the sealing and delivery of these presents in any manner made, had, known, or granted, or to be had, known, or granted, except the rents and services to our said late [Page 292] Soveraigne, and his heirs, and successors by the said Letters Patents as aforesaid reserved, and hereafter to be due, from henceforth will acquit, and save harmelesse by these presents.
Forfeiture for default of payment of the said summe, &c.Provided alwayes, That if it happen default of payment to be made of the said sum of, &c. or of any part thereof at the day above expressed, for the payment thereof, contrary to the forme of this present Charter, That then and from thenceforth this present grant, bargain and sail of the said house and mannor, and other the premisses, and of every part thereof, and the estate, and seisin thereof made, or to be made, shall be utterly void and of none effect; And that then and from thenceforth it may be lawfull for the said A B, his heirs, and assignes into the said house and Mannor, and all other the premisses, by these presents above granted, and into every part thereof to re-enter, and the same to have againe and repossesse as in his former state, and the said C D and all others thereout to expell and amove, any thing in these presents contained to the contrary thereof notwithstanding.
For the sealing of an Acquittance upon payment of the said mony.And the said A B doth Covenant, &c. that hee, his executors, or administrators upon paiment of the said summe of, &c. according to the forme of these presents, will seal, and as his deed deliver to the said C D, his executors and administrators at the request of the said C D, his executors, or administrators, such acquittance for the discharge of the said his heirs and executors, of and from the said summe, and every part thereof, and also for [Page 293] the releasing of any condition of reentry, and demand in this present Charter mentioned, as hee the said C D, his heirs, executors, or administrators shall devise, at his and their costs and charges. And that the said A B, his heirs, and executors, upon request of the said C D, his heirs, or executors will acknowledge the said writing before one of the Masters of the Chancery of our said Soveraign Lord, his heirs and successors as his Deed, to be Inrolled of Record in the said Court.
And moreover, For making better Assurance. the said A B and his heirs from time to time, during the space of, &c. from the making hereof, the said A B, or his heirs being thereunto required by the said C D, his heirs or assignes, and at the costs and charges of the said C D, his heirs or assignes, will make, or cause to be made whatsoever shall be reasonably advised by the Councell learned of the said C D, his heirs, or assignes, for the better securing and assurance of the premisses to the said C D, his heirs and assignes; be it by Feoffment, Deed, or Deeds Inrolled, inrolment of these presents, fine, or recovery, or otherwise with Warranty onely against the said A B, his heirs and assignes, and all others, claiming from, or under the title of the said A B. And that all and singular Conveyances, assurances, and estates of the said house and Mannor, and all other and singular the premisses above by these presents granted, and of every part thereof after the date hereof made, or to be made by the said A B, or his heirs, or by any other, or others seised of the premisses, or of any part thereof, to the use of the said A B, immediately from and after the making of these presents shal be; And the parties to whom any such assurance [Page 294] conveyance, or estate shall be made, and their heirs shall stand and be for ever seised, of and in the said House and Mannor, and other the premisses above mentioned, to the onely use and behoof, and according to the intentions above in these presents limited, and expressed, and not to any other use: And it is agreed between the parties aforesaid, That neither the said A B, nor his heirs shall go for the making or executing of such further Assurance to any other place, but the cities of London, or Westminster.
And the said C D doth Covenant, To discharge the bargainor of the Rent to the King. &c. That hee, his heirs, executors, or administrators, or some of them, from time to time for ever will well and sufficiently acquit, and keep Indemnified the said A B, his heirs, executors and administrators, and every of them, against our said late Soveraigne, his heirs, and successors, or assignes, officers, and ministers of our said late Soveraigne, his heirs, and successors, of and from the said services, rents, and charges above mentioned and expressed, and every part thereof, and of and from all charges, incumbrances, and demands whatsoever, for the same premisses in any wise hereafter growing, or happening.
In witnesse, &c.
A Sale of an Apprentice his Indenture, and terme of yeers.
TO all Christian people to whom, &c. A B of, &c Greeting, &c. Whereas C D of, &c. by his Indenture dated, &c. Hath placed C D his sonne, an Apprentice to me the said A B, to learn the trade which I now use, and to dwell and serve with mee in the way of an Apprenticie, from the feast of, &c. now last past, untill the full end and terme of 7. yeers thenceforth next ensuing, and fully to bee ended, as by the said Indenture more fully appeareth. Know ye me the said A B to have granted, and by these presents sold unto F G Citizen, &c. of London, as well the said Indenture of Apprentiship above recited, as all my estate and terme of yeers, which I have in my said Apprentice now to come. To have and to hold to the said F G from the making hereof unto the end and terme of all the said yeers now unexpired, he finding to my said Apprentice meat, drink, clothing, linen, woollen, shooes, bedding, and all other such necessaries for him, during all the said terme, and he teaching and informing him diligently in the said trade, as I the said A B am bound and obliged, according to the tenor of the Indenture aforesaid, and faithfully to performe and keep all and singular matters in this present Writing contained and specified:
In witnesse, &c.
A Release from one Patentee to the other.
TO all Christian people, &c. H B of, &c. Greeting: Whereas his late Majesty, by his Letters Patents under the great Seal of England, made, and dated at Westm. &c. for the considerations therein expressed, Hath given and granted unto one R E of, &c. and me the said H B, our heirs and assignes for ever, All those Lands, &c. (reciting the land truely, as it is granted in the Patent, till you come to the generall words) as by the said Letters Patents (amongst other things) more fully appeareth. Now know ye me the said H B for a certain summe of good and lawfull English money unto me before hand, by the said R E well and faithfully paid, wherewith I confesse my self to be fully satisfied, and the said R E, his heirs, executors, and administrators and every of them, thereof do acquit, and for ever exonerate by these presents, To have remised, released, and altogether for me, and mine heirs for ever quite claimed to the said R E in his full and peaceable possession, and seisin of the premisses being and to his heirs and assignes for ever, all the right, estate, title, interest, claim, use, possession, reversion, remainder, and demand of me the said H B whatsoever, which I ever had, have, or hereafter may have, or my heirs, or assignes, or any other, or others in, by, or under my name, right, or title, or to my use hath had, now hath, or hereafter may, or ought to have, in all the said lands, [Page 297] (reciting the land) and of, and in every, or any part thereof, and of, and in all and singular houses, buildings, &c. (all the generall words now) and hereditaments whatsoever to the said messuages, cotages, lands, tenements, and other the premisses above recited and expressed, or to any of them in any wise belonging or appertaining, or heretofore had, known, accepted, used, or reputed as member, part or parcell of them, or any of them; and of and in the reversion, and reversions of all and singular the premisses, and every of them, by vertue or colour of the said Letters Patents, dated at Westm. as aforesaid, made as above-said to the said R E and me the said H B, To have, hold, and enjoy all and singular the said messuages, cotages, lands, tenements, rents of assize, and hereditaments, and all other and singular the premisses above recited and expressed, and by these presents remised, and released with all their appurtenances, to the said R E, his heirs and assignes, to the onely use and behoof of the said R E his heirs, and assignes for ever: so that neither I the said H B, nor my heirs, nor any other, or others by us, for us, nor in our names, nor in the name of any of us, or by, from, or under us, or any of us, any right, estate, title, interest, claime, use, possession, reversion, remainder, or demand of, or in the messuages, cotages, lands, tenements, and other the premisses above recited, and expressed with the appurtenances, or of, or in any parcell thereof henceforth may claime or challenge, or any of us, or our heirs ought in any wise to claim, or challenge at any time hereafter, but that we and every of us for ever be altogether excluded from all action, right, estate, title, interest, claim, use, possession, [Page 298] reversion, remainder, and demands by these presents.
And I the said H B, and my heirs, the said messuages, Warranty. cottages, lands, tenements, and all other and singular the premisses above expressed, and specified with all their appurtenances to the said R E his heirs, & assignes, to the use of the said R E his heirs & assignes for ever, against me the said H B, my heirs and assignes will Warrant, and for ever defend by these presents.
In witnesse, &c.
A Release from one Purchaser to another.
TO all Christian people, to whom, &c. A B of, &c. Greeting: Whereas his late Majesty, &c. by his Letters Patents, under the great Seal of England, made and dated at Westm. &c. for the considerations therein expressed, Hath given and granted to H B, and R H, of, &c. their heirs and assignes for ever (amongst other things) all that the scite, &c. (reciting all the land, as it is granted, and all the generall words at large) and his hereditaments whatsoever, withall their appurtenances, by what names they may be known, reputed, or named, scituate, lying, and being, arising, and growing in H aforesaid, or elsewhere in the said County of, &c. to the said scite of the late Monastery of H in any wise appertaining, incident, or appendant, or as member, part, or parcell of the said scite, of the late Monastery of H aforesaid, ever heretofore had, known, accepted, [Page 299] occupied, used, or reputed, and the reversion, and reversions whatsoever of all and singular the premisses, and also all, and all manner of woods, underwoods, and trees whatsoever, of, in, and upon all and singular the premisses, or any part thereof, growing, or being; And all the ground and soil of the same woods, underwoods, and trees as by the said Letters Patents (amongst other things) more fully appeareth: All and singular which premisses above recited and expressed, with all their appurtenances, the said H B, and R H lately have given, granted, bargained, and sold to me the said A B, and one C D of, &c. our heirs and assignes for ever, as by their Indenture thereof dated, &c. and Inrolled of Record in the high Court of Chancery at large appeareth. Now know ye me the said A B for and in consideration of a certain competent summe of lawfull English money to me before hand, by the said C D well and faithfully paid, whereof I confesse my self to be fully satisfied and paid, And the said C D, his heirs, executors, and administrators and every of them do thereof acquit, and for ever discharge by these presents, and for divers other good causes and considerations, &c. to have remised, released and absolutely from me and mine heirs for ever quite claimed to the said C D in his full and peaceable possession and seisin of the premisses being, and to his heirs and assignes for ever, All that right, estate, title, interest, claime, use, possession, reversion, remainder, and demand of mee the said A B whatsoever, which I ever had, have, or in any wise hereafter may have, or my heirs, or assignes, or any other, or others in, by, or under my name, right, or title, or to my use ever [Page 300] had, have, or in any wise may or ought to have hereafter, of, in, and to the said scite, &c. (reciting all the land onely) and of, and in other, all and singular the premisses above by these presents recited and expressed, with all their appurtenances, and of, and in every part and parcell thereof; To have, hold, and enjoy the said scite, circuit, and precinct to the said late Monastery of H, the said messuages, lands, tenements, meadows, feeding [...]s, pastures, woods, underwoods, Courts leet, view of franke-pledge, profits, commodities, emoluments, and hereditaments, and all other and singular the premisses above recited and expressed, and by these presents mentioned to be remised and released, and every part thereof, with all their appurtenances, heretofore belonging, or appertaining to the said C D his heirs and assignes for ever. So that neither I the said A B, nor my heirs, nor any other, or others by us, for us, or in our names, or in the name of any of us, or by, from, or under us, or any of us, any right, estate, title, interest, claime, use possession, reversion, remainder or demand of, or in the said scite, &c. and other the premisses, with the appurtenances, or of, or in any part thereof hereafter, may hereafter claime, or challenge, or any of us, or our heirs, may or ought in any wise claime, or challenge; But that wee and every of us, from all action, right, estate, title, interest, claime, possession, reversion, remainder, and demand shall be for ever totally excluded, and barred by these presents: And I the said A B and my heirs, &c. as in the next president.
A Warranty, &c.
In witnesse, &c.
A feoffment with a letter of Atturney upon condition expressed in an Indenture.
TO all Christian people to whom &c. R M of &c. Greeting: Know ye me the said R M for a certain sum of lawfull English money unto me before hand by G W of, &c. paid, to have given, granted, bargained, sold, and confirmed, and by this my present writing do give grant bargain, sell, and confirm to the said G W his heires and assignes, all that Tenement (reciting the land at large) and also all and singular houses, buildings, structures, stables, gardens, orchards, tosts, croft, curtilages, lands, tenements, meadowes, feedings, pastures, commons, wasts, heath, moores, marishes, profits, commodities, emoluments, and hereditaments whatsoever to the premises above mentioned belonging, or appertaining, or had, known, accepted, used, or occupied as member, part, or parcell of the premises with all and singular the appurtenances, which Tenement, and one yard land with the appurtenances I the saie R M lately had and purchased (amongst others) to me, and mine heires to the onely use of me the said R M my heires and assignes for ever in fee farme by the names of all that Tenement, and one yard land &c. (word for word as the are granted in the Letters patents) And the moity of which close &c. I the said R M also lately had and purchased to me, my heires, and assignes as is above mentioned, together with another [Page 302] moity of the same close by the name of all that close &c. late in the Tenure of &c. of the gift and grant of his late majesty &c. as by his Letters patents made under the great seal of England dated at G more fully appeareth: To have and to hold the said Tenements, and all and singular the said houses, buildings &c. and all and singular other the premises above by the presents granted with all their appurtenances to the said G W his heires and assignes to the onely use of the said G W his heires and assignes for ever: Upon the condition and intention expressed and specified in certain Indentures dated &c. and made between me the said R M on the one part, and the said G W on the other part, touching the premises, To be holden of his said late majesty &c. Rendring yearly to his said majesty his heires and successors of and for the said Tenement &c. 15 shillings, and of and for the moity of the said close 12 pence of lawfull English money at the Receipt of his said majesties Exchequer, his heires and successors, or to the hands of the Bayliffes or receiver generall of the premises for the time being at the feasts &c. by equall portions, to be paid for all other rents, services, exactions, suites and demands whatsoever therefore in any manner to be paid or done to his said majesty his heires and successors.
And I the said R M and my heires the Tenement aforesaid &c. and all and singular other the premises above by these presents granted with all their appurtenances to the said G W his heires and assignes, Warranty. to the onely proper use of the said G W his heires and assignes for ever under the condition and intention aforesaid against me the said R M my [Page 303] heires and assignes will Warrant; and for ever defend by these presents: Moreover know ye me the said R M to have made &c. (A Letter of Atturney:)
In witnesse, &c.
A Feoffment upon condition of payment of money.
TO All Christian People to whom &c. Greeting. Know yee me the said A B for the sum of &c. of lawfull English money to me the said A B at the ensealing and delivery of these presents by the said C D well and truely paid, wherewith I confesse my self fully satisfied and contented, and him the said C D his heires, executors, administrators and every of them thereof acquitt and for ever discharge by these presents, To have given, granted, infeoffed, and confirmed, and by this my present to give, grant, infeoffe and confirm unto the said C D his heires and assignes all that field and pasture with the appurtenances called W &c. lying and being in the parish of A, in the County of, &c. now or late in the tenure or occupation of me the said A B or my assignes, and all and singular the lands &c. To have, hold, and injoy the said field & other the premisses above by these presents given and granted with all their appurtenances to the said C D his heires and assignes, to the proper use of the said C D his heires and assignes for ever; To be Holden of the chief Lords of the fee by the rents, and services therefore due, and of right accustomed: Provided alwayes neverthelesse, that if I the said A B shall pay, or cause to be paid, or my heires or assignes pay, or cause to be paid to the said C D his executors or assignes 300 pound of lawfull English money upon [Page 304] the feast day of Saint Michael which shall be in the year of our Lord &c. between the hours of one, and five in the afternoon of the same day at or within &c. That then and immediately after such paymenr made in manner and form aforesaid, This present writing and possession and seisin thereupon had and taken, or to be had, shall void, and of no force, and effect, and shall be accompted for null any thing in these presents contained to the contrary thereof notwithstanding.
And I the said A B and my heires the said field &c. and all other and singular the premisses above by these presents given and granted with all their appurtenances to the said C D his heires and assignes to the use aforesaid, Warranty: and upon the condition aforesaid against me the said A B my heirs and assignes will warrant, and for ever defend by these presents: Moreover know yee (a Letter of Atturney.)
In witnesse, &c.
A Letter of Atturney to receive possession and seisin.
KNow All men by these presents, me C D. of &c. To have made, ordained, constituted, deputed, and in my place by these presents put my beloved in Christ E F my true and lawfull Atturney to receive for me, in my name, and stead of A B of &c. or of his certain Atturney, or Atturneys in that behalf full and peaceable possession and seisin of and in all that field and pasture called W with the appurtenances lying and being in the parish [Page 305] of A in the County of &c. now in the tenure or occupation of the said A B, and of and in all and singular other lands, tenements, meadowes, pastures and hereditaments whatsoever, with all their appurtenances to mee the said C D my heires and assignes by the said A B given and granted by a certain Indenture dated &c. according to the tenor, force, forme and effect of the said Charter indented, hereby ratifying and confirming all and whatsoever my said atturney shall do in the premisses by vertue of these presents.
In witnesse, &c.
A Feoffment in part of performance of Covenants in a certaine Indenture.
TO all Christian people to whom &c. A B of &c. greeting &c. Know ye, mee the said A B as well for the summe of &c. of lawful &c. to mee beforehand, before the ensealing and delivery of these presents by C D of &c. well and truly paid; as also in part of accomplishment and performance of certain Covenants, grants and agreements, in certaine Indentures expressed, bearing date &c. and made betweene mee the said A B on the one part, and the said C D on the other part, to have given, granted, infeoffed, and by this my present writing confirmed to the said C D all and singular Shops, Cellers, Solars, Chambers, Rooms, Easements, [Page 306] Commodities and Hereditaments hereafter in these presents expressed and specified with their appurtenances; that is to say, one shop with a back room, two chambers and two garrets over the said shop, and the back room now or late in the tenure or occupation of &c. or his assignes, one kitchin with one chamber over the said kitchin, and one cellar or wood-house, adjacent to the said kitchin, late in the tenour or occupation &c. And also all and singular other tenements, chambers, buildings, structures, rooms, easements, commodities, lights, water-courses and hereditaments, with all their appurtenances situate, and being between the house or tenement now or late in the tenour or occupation of T M on the West part, and the land or yard &c. And also the reversion and reversions of all and singular the premisses above by these presents granted, and of every part thereof, to have, hold, and enjoy the said Shops, Chambers, Rooms, Hereditaments, and all other and singular the premisses with all their appurtenances to the said C D his heires and assignes for ever. To be holden &c. (with a clause of Warranty &c. and a Letter of Attorney &c.)
A Proviso for payment of monies.
PRovided alwaies, that if neither the said L R his heires, executors, administrators or assignes pay or cause to be paid, nor any of them pay or cause to be paid unto the said A B his executors, administrators or assignes the summe of &c. of good &c. in or upon the &c. now next ensuing the date of these presents, at or in the now mansion house of the [Page 307] said A B situate, and being &c. but shall make default in the payment thereof, contrary to the true intention of this present writing, that then, and immediately from thenceforth this present grant, bargain and sale of the premisses, and every covenant, grant and agreement therein contained and specified of the part of the said A B his heires or assignes to be performed, shall altogether cease, be void, and of none effect. And that then it shall and may bee lawfull to and for the said A B his heires and assignes into the premisses to reenter, and the same to have again as in his former estate, any thing in these presents above contained to the contrary in any wise notwithstanding &c.
A Letter of Attorney to receive an Annuity.
KNow all men by these presents, mee A B &c. to have, made, constituted, and in my place see my beloved in Christ C D and E F &c. my true and lawfull Attornies jointly and severally to ask, levy, recover and receive in my stead, for me, and in my name, but to the proper use and behoof of the said C D and E F their executors and assignes, of T B &c. his executors and assignes a certaine yearely rent or annuity of forty pounds &c. during the terme of sixty yeares, specified in certaine indentures dated &c. and made betweene mee the said A B on the one part, and the said T B on the other part, at the feasts and places of payment in the same Indenture limited; and upon receipt thereof, to [Page 308] make, seale and deliver acquittances or other discharges in the premisses in my stead and name, and other Atturnies one or more under them to constitute, and at pleasure to revoke; giving, and by these presents granting to my said atturnies and every of them my full and whole power and authority touching the premisses, to act, prosecute, implead, arrest, imprison, condemn, and out of prison to deliver the said T B his executors and administrators; as also to doe, execute and finish all other and singular matters which shall bee necessary and expedient in my stead and name, as fully and wholly as I could or might if I were personally present, hereby ratifying and confirming all and whatsoever my said atturnies or either of them in my stead and name, shall doe in the premisses, or in any of them by vertue of these presents.
In witnesse, &c.
A Grant of the presentation to a Vica [...]age.
TO all Christian people to whom this present writing shall come, I P of &c. true and undoubted patron of the Vicarage perpetuall, of the Parochial Church of M in the County of E. of the diocess of London, greeting. Know yee, mee the said I P to have given, granted, and by this my present [...]riting confirmed to my beloved E L of &c. his executours and assignes, the first and next advowson, donation, collation, nomination, [Page 309] presentation, and free disposition of the said Vicarage perpetual, of the said Parochiall Church of M. willing, and by this my present writing granting that it shall bee, and may be lawfull to the said E L his executors and assignes to the said Church, when it shall first and next happen to bee void, whensoever, howsoever, or by what meanes, whether by death, resignation, privation, cession, permutation, demise or howsoever, to present some one true, fit, honest and learned man to the Ordinary of that place or any other, having lawfull authority, and to perfect all other things which belong to the duty and office of a Patron, for such first and next avoidance only, as fully and wholly as I my self in that behalfe could do, if this my present writing had never beene made.
In witnesse, &c.
A grant of a representation, reciting a former gift: Extrordinary.
TO all Christian people &c. A B of &c. greeting: Know yee, mee the said A B. for divers good, true, and lawfull causes and considerations me in this behalfe especially moving, To have given, granted, confirmed, and for me my heires, executors and administrators, To give, grant and confirm to my beloved servants C and D. their executours, administratours and assignes, jointly and severally, the first and next advowson, nomination, donation, presentation, free disposition [Page 310] and right of patronage to the rectory or Church-parochiall of B. in the Diocess of Norwich for one turne, and the next avoidance of the same Church only, lately given and granted to mee the said A B my executors, administrators and assignes by W D of &c. true and undoubted Patron of the Rectory or Church-parochiall of B aforesaid, as by the writing or deede thereof unto me dated &c. more fully appeareth: So that it shall and may be lawfull to the said C and D, their executours, administratours and assignes, and every of them jointly and severally as aforesaid, to nominate and present any person fit and meet, to the said rectory or parochiall Church of B. when by death, surrender, resignation, grant, dismission, permutation, privation or amotion, or by any other way, the same shall first and next after the date of these presents, become void, or happen to fal to the Ordinary of that place and Diocess, who for the time being, shall institute and invest the person so nominated and presented into the said Parochiall Church of B, and shall induct the person so presented into the real, actual, and corporal possession of the same Church, with all the rights and appurtenances thereunto belonging, and to doe and execute all other and singular things in that behalf necessary, or any wayes requisite, as fully, freely and absolutely, and in as large and ample manner for one turne, and the next avoidance only of the same Church, as I my self might or could do and execute, if this my present gift or grant had not beene made. And if it happen such gift of the said parish Church of B (in respect perhaps of any former gift or grant thereof made, or in any other manner without the fault or neglect of the said [Page 311] C and D. their executors, administrators and assignes) not to obtain his intended effect, then and in such case I will grant, That this my gift extend to the second, and in the like case to the third and fourth avoidance of the said Parochiall Church of B. So that the right of patronage of the same Church, shall not returne to me the said A B my heires, executours or administrators until such person so nominated and presented by vertue and authority of these presents, shall duly and effectually obtain and procure the lawfull and corporal possession of the said Church for one avoidance only.
In witnesse whereof, &c.
A Gift of ones interest in an advowson.
TO all, &c. to whom &c. (reciting the gift as &c.) Know yee, mee the said A B for divers good and reasonable causes and considerations mee in this behalf especially moving, to have given, granted, and by this my present writing to have confirmed to my beloved in Christ, C D. E F. and G H. Gentlemen, jointly, and to every of them severally and in the whole, their executours and assignes the said first avoidance &c. and the said writing and grant thereof made to me as aforesaid; and all my right, title, claim, interest and demand of and in the said rectory and parish Church of C for the said one turn and next avoidance only, to have and enjoy the said rectory, and all my right, estate, title, interest [Page 312] and demand of and in the said &c. joyntly, and to every of them by himself severally and in the whole, their executors and assigns, when the same Rectory shall first and next happen to become void; as fully and wholly as I my self by vertue and force of the said grant thereof to me made, or by any other wayes or right, have, or might have the same.
In witnesse &c.
A Presentation by the King.
We present unto you our beloved A B Clerk to the parish Church of L. in your Diocesse, now vacant by the death of the last Incumbent there, and belonging unto our Gift in right of our Dutchie of Cornwall; commanding you to admit the said A B to the said Church, and to institute him Rector in the same, with all the rights and appurtenances thereunto; and that you will with favour doe and accomplish all other things with expedition, which in this behalf do belong unto your pastorall function.
In witnesse &c.
Another Presentation by the King.
We present unto you our beloved subject A B. Clerk, to the Rectory and parochiall Church of C in your Diocesse, now vacant, and by full right belonging to Our Presentation and disposition; commanding you to admit the said A B to the said Rectorie, and to institute and invest him Rector in and to the same, with all the rights and appurtenances thereunto; and that you will with favour do and perform all such other things as in this behalf do belong to your pastorall Office: hereby revoking all former Presentations to the said Rectory, heretofore made by us.
In witnesse &c.
A Presentation by a common person to a parsonage.
TO the most Reverend Father in Christ, and Lord M. by Divine grace Archbishop of York, Primate and Metropolitan of England, or to his Vicar generall in Spirituals. Your humble and devout [Page 314] C D of &c. true and undoubted Patron of the Rectorie and parish Church of L. in the countie of York, sendeth greeting &c. I present unto your most Reverend Father-hood my beloved in Christ G B Master of Arts, to the said Rectorie and Church of L. in your Diocesse, now by &c. being vacant, and by full right belonging to my Presentation and disposition, humbly beseeching and devoutly requiring you to admit the same G B to the said Rectorie and parish Church, and to institute and invest him Rector in and to the same, with all the rights and appurtenances: and that you will with favour doe and fulfill all other things which in this behalf appertain unto your Pastorall Office.
In witnesse &c.
A Confirmation from the King of a Presentation.
JAMES, &c. To whom these present Letters patents shall come, Greeting. Whereas the parish church of C. of the Diocesse of Coventry and Lichfield, for divers months last past hath been and is full of the person of H S clerk, Master in Arts, by the presentation of A B Esquire, late Patron of that church for one Turn onely (as well by force of a certain Grant of the next avoydance by J S true Patron of that church, as of Letters of Assignation in that behalf granted.) Know yee, That Wee, of our certain knowledg and meere motion, and by our Regall and Ecclesiasticall Authoritie, [Page 315] wherewith We are invested, (in as much as in Us is) Have ratified, confirmed and approved, and for Us, our Heirs and Successors by these presents do ratifie, confirm and approve the said Presentation, Institution and Induction of the said H S into the said church of C, and the possession thereof, and into all the right, estate, title, presentation, interest and demand of the said H S. of and in the premises and every part thereof. And moreover, We (of our abundant grace, certain knowledge, and meer motion) doe grant by these presents, for Us, our Heires and Successors, to the said H S, that hee, during all his life, may retain, receive, perceive, leavie, collect, and to his proper use enjoy the said church, and all issues, profits, fruits, tithes, oblations, commodities and emoluments whatsoever thereout arising, growing or renewing, or belonging to them or any of them, as lawfull Incumbent and Rector of the same Church, notwithstanding any title of presentation to the said church, devolved or otherwise accrued to Us, or any of our Progenitors or Ancestors by lapse of time, or by any other title, right or interest whatsoever belonging to Us, or any of our Ancestors or Progenitors.
In witnesse &c.
A Gift of an advowson from the King.
JAMES &c. To all to whom &c. Greeting. Know ye, that We of our especial grace, certain knowledg and meer motion, Have given and granted, and by these presents for Us, our Heirs & Successors, do give [Page 316] and grant unto our beloved subject A B &c. the first and next Avoidance, Donation, Collation, Presentation, free disposition and right of patronage to the Vicarage perpetual of the Parish-Church of S in the County of D and Diocess of Exon for the first and next avoidance only, to have and to hold the said first and next advowson, donation, [...]ollation, presentation, free disposition and right of patronage to the said Vicarage of S. to the said A B and his assignes for the first and next avoidance of the same only. So that it may and shall be lawfull to the said A B and his Assignes to nominate and present any meet person to the said Vicarage, to the Diocesan of that place, or to any other, having power in that behalf, when the said Vicarage shall happen to become void by death, resignation, privation, cession or any other way whatsoever, first and next after the date of these presents, and to do and perform all and singular other things necessary touching the premises, as fully, freely and wholly as we our selves might do, if this our present grant to the said A B had not been made.
In witnesse, &c.
Another Grant from a Bishop.
R. By Divine permission, Arch Bishop of Y. Primate, and Metrapolitane of England. To all to whom &c. Greeting, Know ye, we to have given granted and by this our present writing confirmed unto A B &c. his executors and assignes, the first and next avoidance, right of patronage and free disposition [Page 317] of the Archdeaconrie of Cleaveland in the Metrapolitane Church of Y. for this one and next turn onely: So that it may, and shall be lawful to the said A B his executors and assignes, whensoever, or howsoever the said Archdeaconrie shall happen to be void, after the date of these presents, to nominate and present a fit person unto us, or our successors, to be Instituted into the Archdeaconrie aforesaid, for this one time only, and not otherwise, and to do all other things in that behalf requisite, and of right accustomed, untill the person so presented be Instituted and inducted into the full and peaceable possession of the said Archdeaconrie.
In witnesse, &c.
A Licence for none Residence. A Qualification.
MAy it appeare to all men by these presents, that I Io. Earle of W. have received, and admitted A B Clark Rector of the parish Church of S in the County of B to be one of my domestick Chaplains according to the tenor, form and effect of a Statute and Act of Parliament, made and provided in the one and twenty yeare of King Henry the 8 th for Chaplains in that behalf: Exhorting and requiring all and singular persons whom in this behalf it concerns, that you neither vex, disturb nor any wise grieve the said A B my Chaplain, in any manner whatsoever.
In witnesse, &c.
A Licence for the admission of a Chaplain into Service.
TO all Christian people &c. I L &c. Greeting. Know ye that I I L, have this day received and accepted, and by these presents do receive and accept my beloved in Christ A B Clark, to be my familiar, and houshold Chaplain, according to the form of a late act of Parliament in that behalf Authorizing me: earnestly desiring and requiring all, and every of you in the Lord, that you in no sort disturb, molest or otherwise vex the said A B this my Chaplain the bearer of these presents, contrary to the tenor of the said Statute.
In witnesse, &c.
A Grant of the Office of keeping a great House, and a Park.
TO all Christian people &c. A B of &c. Greeting. Know ye, me the said A B out of my heraty and benevolent affection, and also in consideration of the good and faithful service which E D my servant heretofore hath bestowed, and hereafter intendeth to bestow upon me, and my heires, To have given, granted and by this my present writing confirmed, [Page 319] and by these presents do give, grant and confirm to the said C D the Office of keeping of my Capital mansion house, and Park of A in the county of N, and also the Office of Bailiff, and Bailiffship of my Manor of A in the said County. And I do by these presents make, ordain and constitute the said C D keeper of my said Mansion house, and Park, and Bailiff of the said Manor of A, to have, occupie, enjoy and exercise the said office of keeper of my Mansion house and Park aforesaid, and also the said Office of Bailiff or Bailiffship to the said C D to be exercised by him, or by his sufficient deputy or deputies for the term of the natural life of the said C D, in as large and ample manner as any other or others before these times, had, occupied, enjoyed and exercised the said Office, or any of them. And moreover, know ye, me the said A B for the consideration aforesaid, to have given, granted and by this my present writing confirmed to my said servant, during his life for the exercise and occupation of the said Offices, a certain Annuity, or yearely rent of 6 li. yearely issuing and to be paid out of my Manor of A with the appurtenances, that is to say, for the said Office of keeper of my Mansion house and park forty shillings by the yeare, and for the said Office of Bailiff, four pound yearely, to have, enjoy, levy and yearely receive the said annual rent of six pound to the said C D during his natural life, out of the issues and profits of the said Manor of A at two Termes in the yeare, viz. And moreover, out of my more abundant affection, and in consideration of the good, true and faithful service which my said servant hath hitherto, and during his life intendeth to bestow upon me, and my heires, and for divers other good causes and considerations me [Page 320] at present especially moving. Know ye, me the said A B for me and my heires, To have given, granted and confirmed, And by these presents to give, grant and confirm to the said C D one other annuity or yearely Rent of four pound, for the better sustentation and livelyhood of the said C D. yearely to be taken, levied and perceived out of the said Manor with the appurtenances, and out of the issues and profits thereof; To have, enjoy, levy and yearely perceive the said annuity or yearely rent of four pound to the said C D and his assignes, during the natural life of him the said C D. at two Terms in the year: that is to say, at &c. And if it happen the said annuity or yearely rent of six pound, or the said other annuity or yearely rent of foure pound or either of them, or any part thereof to be behind and unpaid in part, or in all, by the space of &c. that then &c. (A clause of distresse as in others before.) And moreover, KnoW ye, me the said A B for the consideration aforesaid to have put the said C D my servant in full and peaceable possession of the aforesaid several annuities or Rents charge by the payment of 6 d. which upon the day of the date of these presents I have given unto him in the name of seisin thereof.
In witnesse, &c.
A Grant of the goods of a Person outlowed.
CHARLES &c to all to whom &c. Greeting. Whereas N B of &c. and HB of &c. by their writing [Page 321] obligatory sealed with the seales of them the said N and H bearing date &c. and the same day and year acknowledged before T R Knight, chiefe Justice of our Court of Common Pleas, according to the form of the statute for recovering of debts, provided and ordained in Parliament, holden in the three and twentieth yeare of the Raigne of the late King H. 8. stand bound, and are obliged unto W C of &c. in 6000. l. and 3000. l. payable to the said W. upon the feast of &c. And whereas the said N B and H B by one other their writing obligatory, sealed with their seales bearing date &c. and the same day and yeare acknowledged before the said T R according to the forme of the said statute, are also, and stand bound to the said W C in two thousand pounds payable to the said VV in and upon the said feast of &c. And whereas the said VV C for that that hee did not appeare before our Justices at VV. to answer R T of a plea, why with force and armes he made an assault upon him the said R at L, and did beat, wound, and evil intreat him, and also that hee disposed of his life, and offered him other enormities, to the grievous dammage of the said R, and against our peace, was put into the exigent, in the Hastings of the City of L. to be outlawed, and upon that occasion hee was afterwards outlawed, as by the record and processe the said outlawry, remaining in our Court of Common pleas at VV. more fully appeareth; by vertue of which outlawry, the aforesaid writings obligatory, and the said sums of mony, as also all & singular other goods and chattels and debts which the said VV. had at the time of the publication of the said outlawry, or at any time after were forfeited unto us, and are wel known of right to belong and appertaine unto us. Know [Page 322] yee therefore that wee in consideration of the good, true and acceptable service heretofore done unto us, by our beloved and faithfull servant C H, of our especial grace, certaine knowledge, and meer motion, have given and granted, and by these presents for us, our heires and successors, do give and grant to the said C H his executors and assignes, to the only proper use and behoof of the said C H his &c. as well the said writings obligatory and recognizances, as the said six thousand pounds, and three hundred pounds, and the said two thousand pounds, and all other summes of money and debts whatsoever, any waies due by the said N B and H B or either of them, to the said W C, and forfeited unto us by reason of the said outlawry, or any other waies whatsoever. And also all actions, suites, executions and demands which wee, our heires or successors by reason of the said recognizance or writings obligatory, or any of them, or for the said debts or summes of mony by these presents granted, or any of them, or any parcel thereof, against the said N B and H B or either of them, or the heires, executors or administrators of them, or either of them in any wise, now have, or hereafter may have without any accompt to be given or made unto us, our heirs or successors for the premisses or any part thereof: for that expresse mention &c.
An Indenture of allotment of severall parts of Land.
THis INDENTURE sextipartite made &c. betweene W C on the one part, E D and D his wife on the second part, P N and E his wife on the [Page 323] third part, R P and M. his wife on the fourth part, W C and T his wife on the fifth part, and T L and F his wife on the sixth part, Witnesseth, That where divers and sundry. Mannors, Lands, Tenements, Rents, Reversions, Service and Hereditaments with the Appurtenances late the Inheritance of the late Lady I B deceased, sometimes wife of the Right honourable Sir E B Knight deceased likewise, set, lying and being in divers and sundry Counties, Shires and places within the Realmes of England, by and after the death of the said Lady I B did lawfully descend and come, and of right ought to descend and come unto the said W C. E D. and D. his wife, P H and F his wife, R P and M his wife, W C and E his wife, T L and F his wife, that is to say, to the said W C as cousin, and one of the co-heires of the said Ladie I B; That is to say, Sonne of the Ladie A C deceased daughter of the said Lady I B, by G C Knight, Lord C late husband of the said Lady A now likewise deceased, lawfully begotten: To the said D C and D his wife in the right of the said D one other of the daughters and Coheires of the said Lady I B: To the said P H and F his wife in the right of the said F. one other of the daughters and co-heires of the said Lady I B: To the said R P and M his wife &c. one other of the daughters and co-heirs of the said Lady I B. To the said VV C and E his wife, as in the right of the said E, one other of the daughters and co-heires of the said Lady I B. And to the said T L and F his wife, as in the right of the said F one other of the Daughters and Co-heires of the said Lady I B. by reason whereof, the said VV G. E C. &c. into the said Mannors, m [...]ssuages, Lands, Tenements and Hereditaments, with their appurtenances entred, and were thereof [Page 324] seized in coparcionary; That is to say, the said VV C in his own right, and the said E G. R P &c. and their said Wives in the right of their wives, and they being thereof so seized, of their will and mutuall assents and agreement the seventh day of February last past before the date hereof, did make partition thereof in manner and form following; that is to say, they did grant and indifferently divide and sever all the Manors, Messuages, Lands, Tenements and Hereditaments, with their Appurtenances to them descended and come as is aforesaid, and which be hereafter expressed in six several parts, and agreed that every of the said six severall parts should bee severally written and mentioned in a scroule of paper by it selfe, and that afterwards every of the said six severall scroules of paper should be by an indifferent man thereunto appointed by their mutuall assents, severally inclosed and covered in and with waxe, made like little balls, of like bignesse and weight, so as no man may see any of the scroules, and that then the said little balls of waxe should bee put in a Bonnet to bee kept in the handes of an indifferent man thereunto appointed by their mutuall assents, and that the said VV C being heire unto the eldest daughter of the said Ladie I B, or his deputy, thereunto sufficiently authorized should first put in his hand into the said Bonnet, and should first take and choose out of the same Bonnet, one of the same balls, and that hee should have and hold to him and to his heires for ever for his part, portion and purport of the premisses, onely those of the said Mannors, Lands, Tenements and Hereditaments that should bee mentioned and written in the scroule, enclosed and covered in and with [Page 325] the ball of waxe, that hee or his said deputie for him shall take and choose; and that hee the said VV C having married the said E. being the second daughter of the said Ladie I B. or his deputie thereto sufficiently authorized, should for him the said W and the said E, his wife, being the second daughter of the said Ladie B. secondly put in his hand &c. and should secondly take and choose &c. one other of the said balls: And that the said W C and E his wife, should have, hold, and enjoy to them, and to the heires of the same E for ever, as in the Right of the said E of the premisses, onely those. And that the said P H &c. (as W C mutatis mutandis and so the other, all which was done accordingly. The said W C putting in his hand first into the said bonnet, and taking and choosing out of the said Bonnet, one of the said six balls, wherein was one of the six scroules, in which was written and mentioned the Manor of W. with the appurtenances, late belonging to the said Ladie A B, and all the Lands, Tenements, Meadowes, Feedings, Pastures, Rents, Reversions, Services and Hereditaments with their Appurtenances, which were of the said Ladie B in W. Mountford, and W. Hastings in the Countie of VVerwick, the Mannor of T &c. The said VV C. putting in his hand secondly into the said &c. The said P H &c. The said R P &c. The said E C by his deputie &c. The said T L &c. Know yee, that the said parties, and every of them do and doth by these presents for him, her, and them, and his and their heirs, assent to the said partition of the premisses so between them hereof made and had as aforesaid. And that every of them doth, and do for them, [Page 326] hee and him, and his and their heires, accept and take the part, portion and purport to him, her and them, happened and allotted as is aforesaid, in full recompence of his, her and their part, portion and purport of all the Mannors, Lands, Tenements and Hereditaments to him, her or them and any of them descended or come from the said Lady B. And that every of the said parties doth and do for him, her or them, and his heires and their heires, ratifie and confirme the said partition, and also, that every of the said parties, doth and doe for him, her and them, and for his, her and their heirs, ratifie and confirme to the other of them and their heirs, the Mannors, Lands, Tenements and Hereditaments to the other of them allotted and happened by vertue of such partition as is [...]foresaid; as also all the estates and interests with the other of them, hath therein. And to the intent, that no dissention or variance should hereafter happen or arise betweene the said parties to these presents, their heires or assignes, or any of them, for, touching or concerning the said Mannors, Lands, Tenements and Hereditaments with their appurtenances or any part or parcel thereof, It is covenanted, granted, condescended, concluded and fully agreed betweene the said parties to these presents, their heires and assignes for every of them, in manner and forme following; that is to say, first the said VV C covenanteth and granteth for him, his heires, executors and administrators by these presents, to and with the said C D and D his wife, and the heires and assignes of the said D. and to and with the said P H and F his wife, and the heires and Assignes of the said F; and to and with the said R P &c. and the [Page 327] heirs and assigns of the said R. &c. and to and with the said W C. and the said &c. and to and with the said T L. and the said &c. severally for their parts, portions and purports of the premises, That he the said W C. his heirs and assigns and every of them at all times hereafter, and from time to time whensoever he the said W C his heirs or assigns or any of them shall be thereunto reasonably required by the said E or D his wife, or either of them, or the heires or assignes of the said D, for the said part, portion and purport of the said D, of and in the premises, and by the said P H &c. and by the said R P &c. and by the said W C &c. and by the said T L &c. To make, do and knowledg, and suffer to be done, made and knowledged all and every act and acts, thing and things for the further and better assurance, and more sure making in the Law, unto the said E D. and D his Wife, and to the heires and assignes of the said D, of the said part, portion and purport of the premises allotted and fallen unto the said E C. and C his Wife as is aforesaid: And unto the said P H &c. and unto the said R P &c. and unto the said W C &c. and unto the said T L. As by the said E C. and D his Wife, and the heirs and assignes of the said D. or by their or either of their learned Councell in the Law, and at their or any of their costs and charges of the Law for their said part, portion and purport of the premises, and by the said P H &c. and by the said R P &c. and by the said W C &c. and by the said T L &c. shall be reasonably advised: Be it by Fine, Feoffment, Recovery with voucher or vouchers, Deed or Deeds inrolled, Inrolment of these presents, Release, Confirmation, and by all these waies or meanes, or by any of them; or otherwise with warrantie or warranties against the said W C. [Page 328] his heirs and assignes onely, or without warrantie, at the election and pleasure of such as shall require the same as is aforesaid. And that the said VV C his heires and assignes shall at all times hereafter from time to time exonerate, acquit, discharge, or otherwise save harmlesse as well the said E C. and D his Wife, and the heirs and assignes of the said D; the said P H &c. the said R P &c. the said VV C &c. and the said T L &c. as also their said parts, portions, and purports of the premises, of and from all and all manner of former bargaines, sales, jointures, dowers, uses, Wils, Statutes merchant, Statutes staple, Recognizances, Judgements, Executions, Issues, Fines, Amerciaments, Intrusions, Alienations without licence, Rents charges, Rents seck, arrearages of Rents, and of and from all other charges, incumbrances and demands whatsoever they be, had, made or done by the said VV C. (The like severall Covenants for all the rest one after another, Mutatis mutandis.) And the said W C. and E. his Wife, P H and D his Wife, R P and M his Wife, and T L and F his Wife covenant and grant for them, their heirs, executors, administrators and assignes by these presents, to end with the said W L C. his heires and assignes, That if the said Mannor of VV. Mountford shall happen at any time hereafter to be charged, chargeable, or extendable by reason of any Statute, Recognizance, or otherwise, for any summe or summes of money before the said seventh day of P. last past due or payable by any act done or acknowledged by any other then the said W L C, that then the said E L C and D his Wife &c. P H and &c. R P and &c. W C and &c. T L and &c. their heirs, &c. shall equally at their indifferent charges bear and pay five parts in six parts to be divided of such summe and summs of money, for [Page 329] which the said Mannor of W. Mountford shall be so charged, chargeable, or extendable &c.
In witnesse &c.
To avoid the Title of Survivorship, where lands are granted to two.
THis INDENTƲRE made &c. Between &c. Witnesseth, &c. (Recite the Lease) the said A B and C D. of and in the said Indenture of Lease and term of years therein contained, title and interest of, in and to the said Manor or Tenement and other the premises aforesaid with the appurtenances, and every of them jointly are possessed. And for as much as either of the said parties are willing and desirous that the survivor or over-liver of them shall not at any time hereafter take any commoditie or advantage of the premises or any parcel of them by way of survivor or over-liver, according to the course and order of the common Laws of this Realm, by reason of the joint title, estate and interest which they have in and to the premises by vertue of the Indenture of Lease aforesaid: Therefore it is fully covenanted, concluded, condescended and agreed upon between the said parties in manner and form following: viz. First, the said A B doth &c. to and with &c. That if it do fortune or happen the said A B to survive and over-live the said C D. in avoiding the said Title of survivorship in and to the premises, That he the said A his executors, administrators and assigns should quietly and peaceably permit and suffer the executors, administrators & assigns of the said C D. being then deceased, to have, occupie and enjoy to their owne proper use and uses, and to the [Page 330] proper use of any of them, in common or in severaltie, immediately after the death of the said C. at his or their will and pleasure, All that the moitie, part and purport of the said C. in and to the premises, and every of them into two equal parts to be divided, during the residue of al the term of years of the term above mentioned, which then at the death of the said C should be to come and unrun, without let or disturbance of the said A. his executors or assigns, the Title of Survivor of and in the premises in any wife notwithstanding. And also the said C D doth covenant &c. to and with A B &c. in avoiding of the said Title of survivor in the premises, That if it do fortune or happen the said C to survive and over-live the said A B. That he the said C D (ut supra, mutat. mutand.) And the said A B doth covenant &c. to and with &c. in manner and form following: viz. That he the said A. his &c. or one of them shall pay the moitie and one half of the said yearly rent of &c. unto the said T B his heirs and assignes in the Indenture of Lease forementioned, and also shall bear and discharge half of all the covenants, reparations, and charges th [...]rein contained, which on the part of the said A B and C D are to be observed and done in the said Indenture of Lease comprized. And further, that the said A B his &c. shall well, truly and safely keep the said Indenture of Lease unsurrendred, uncancelled, undefaced, and whole sealed, to the defence; saving and preservation as well of the interest, title and term of the said A B, as also of the title, interest and term of the said C D in and to the premises during the term aforesaid. ( The like Covenant for C D. mutat' mutand.
In witnesse &c.
An Indenture where two have joynt estate, upon condition that either of them may have an equall part in the land or money lent, taking no benefit by Survivorship.
THis INDENTURE made &c. Between A B of the one part, and C D on the other part. Witnesseth, That where E F by a certain Indenture dated &c. for the consideration therein expressed, did fully and clearly bargain, sell, give and grant unto the said A B and C D their heirs &c. for ever, All that Manor &c. ( as it is recited in the Sale, unto the Habend, then say) with divers other covenants &c. therein contained; amongst which there is a certain proviso contained, and by the same proviso it is provided and agreed, that if the said E F (Recite the Proviso) as by the same Indenture it doth and may appeare. And for as much as by the order of the common Laws of this Realm, if either the said A B or C D should fortune to decease before payment of the said summe, or if default be made in payment of the said summe &c. Then as well the said summe of &c. should wholly remaine to the Survivor &c. and for default of payment thereof, the Survivour and his heires should wholly possesse the said Mannor &c. according to the tenure of the said Indenture, and to the only use of the said Survivor and his heirs, contrary to the meaning of the said parties. For avoiding of which inconvenience, and to the intent [Page 332] that either of the said parties his Heires, Executors, and Administrators shall be duly answered of the premises accordingly, it is therefore covenanted and agreed between the said parties to these presents, and he the said B doth covenant and grant for him, his heires, executors and administrators by these presents, to and with the said C D his heires, &c. in form following; that is to say, that if the said E F his executors, administrators or assignes do pay or cause to be paid to the said A B or his heires the said summe of two hundred pound at the day and place limited for payment thereof in the said Indenture. That then the said A B his executors or assignes, shall not only pay or cause to be paid to the said C D his heires, executors or assignes within one Moneth next after the day of payment of the said summe, the summe of one hundred pounds, being the moiety of the said two hundred pounds, but also shall deliver or cause to be delivered unto the said E F his heirs or assignes, all such evidences as he or his assignes shall have received by force of the said former Indenture, and therefore shall acquit and discharge the said C D his heires, executors or assignes. And further that the same A B his executors or assignes, shall not at any time hereafter do, knowledg, cause, procure or suffer to be done any act or acts, deed or thing whatsoever, which shall or may in any wise debar, avoid, delay or hinder the tenor, strength, form or effect of the same Indenture, or any covenant, grant or article conteined in the said Indenture, or of any assurance, estate or conveyance to be made of the premises, or any parcel thereof to the said A B and C D or either of them, their heirs, or assignes, or of any bond made, or to be made for the performance of any of them, without the consent or agreement of the said C his heirs or assignes [Page 333] first obtained in writing for the same. And further the said A B covenanteth and granteth &c. and if default be made in the payment of the said summe of two hundred pounds by the said E F his executors and assignes, in part or in all, contrary to the form aforesaid, That then the said A B and C D and their heires shall stand and be seized of and in the moiety and one half of the premises, to the use of the said C D and of his heires and assignes for ever. And that he the same A B and his heires and all other claiming by him at all times after shall do and suffer to be done, all such act, and acts, thing and things in the Law as shall be advised, devised and required by the said C D his heires or assignes or the learned Councel &c. for the better assurance of the same &c. to the said C D &c. with warranty against A B and his heires, and discharged of incumbrances done by him, or any claiming by him &c. And the said C D doth covenant and grant ut supra, mutat. mutand. et tunc.
In witnesse, &c.
An Indenture of partition.
THis INDENTURE made &c. Between &c. Witnesseth, that whereas the said R P and T B hold joyntly for term of certain yeares, yet enduring the parsonage of F in the county of Y, and all houses, stables, &c. (Take the words of the lease) thereto in any wise belonging or appertaining of the [Page 334] demise or grant of one W C &c. Yeilding therefore yearely unto one R W or his assignes fifty five pounds of &c. at two Terms of the yeare, equally during the said Term, As by the Indenture thereof bearing date &c. more plainly may appeare. Now the said parties, by the advise of honest friends, and with their full and whole consent and agreement, have made division, and partition, between them of the said parsonage, Tithes, and other the premises, in manner and form following, viz. That the said R P shall have the one equal moity or half part of all the said Parsonage, houses, glebe-lands, tithes and other the premises, in full recompence of his due part and portion, of, and in the same. And that the said T B shall likewise have the other moity or half part of the said Parsonage and of all and singular the premises, in full recompence of his due part and portion of and in the same. To have and to hold to either of the said parties their executors and assignes severally as is abovesaid, from the day of the date hereof, unto the end of the said Term of yeares yet to come. And also it is agreed, covenanted & granted between the said parties, That the said yearely rent of fifty five pound to be due to the said R W or his assignes, and other charges shall be equally paid and born between the said R P and T B their &c. Tenants of the said Personage, and other the premises, from time to time during the said Term, viz. either of them for their part and portion allotted as is aforesaid: And for the true meaning, performance and keeping of all and singular the said partitions, covenants, conditions, payments, agreements and articles either part bindeth himself his &c. to the other by these presents in the sum of 20 li. &c.
In witnesse, &c.
An Indenture between Partners.
THis INDENTURE made &c. Between &c. Witnesseth, that the said A and B are become partners, and parting-fellowes in all manner of barterings, buyings and sellings, and in all other businesses as well for and concerning retayle of merchandize, within the Realm of England, and the dominions of the same, or elsewhere in any part, or parts beyond the Seas, and to that intent either of the said parties have joyntly made a Stock of 300 li. whereof the said A for his owne part, laid into the said Stock 150 li. And the said C for his own part likewise laid in 150 li. the residue of the said Stock, which sum of mony, and every parcel thereof are to be imployed by them, and either of them in the best and substantiallest manner they can, for the best and most profit, gaine and advantage. And it is covenanted, granted and agreed between the said parties to these presents, that all manner gaines, winnings and profits coming by reason of the said Stock, occupying and trade, shall be indifferently, and by even portions divided and parted between the said parties, and in like semblable manner: That all such losses as shall happen by reason of the said trade, shall be born, and susteined equally between the said parties. And moreover it is covenanted and agreed between the said parties, that this compact for the Traffick and feat aforesaid, to be joyntly had between the said parties, in manner aforesaid, shal continue frō the day of the date hereof during the space & term of three years next ensuing the date of these presents: So that once every year, yearely during the said Term, [Page 336] that is to say, at the feast of the Birth of our Lord, or within 8 daies next after or before the same Feast day, either of the said parties upon request of the other, make, or cause to be made unto the other a full true and clear account as well of the said Stock and of all the gains and profits coming and growing of the same, as of all the losses happening of the same, if any such be. And moreover it is covenanted, granted and agreed between the said parties by these presents, That they and either of them at the end of the said Term of 3 yeares, shall make together a true, just accompt and reckoning, as well of the said Stock of 300 li. and of all the gaines, profit and commodities coming & growing of the same, as of all losses which have chanced at any time during the said Term of 3 yeares, next proceeding. And that upon such accompt made, all such things as shall remain in the hands of either the said parties, or of any other by their delivery, or to the use of either of them, shal be equally divided and delivered to the said parties their &c. Further it is covenanted, granted and agreed between the said parties to these presents, That either of the said parties at his own proper costs and charges, shall undergoe, sustaine and bear all such costs and charges as well of meat, drink, keeping of house and houshold apparrel, play, and giving of servants wages and all other expences which he shall by any meanes spend during the said Term. Provided alwayes, and it is fully covenanted, granted and agreed between the said parties, That if it fortune either of the said A and B before the end of the said Term of 3 years to decease and depart this world, that then the said survivor of them, his &c. shall within one moneth next after his decease, make, or cause to be made a true and just accompt and reckoning, with the executors of the deceased, in such manner and form as the said A [Page 337] and B ought to have done if they had beene both living, and upon such accompt made, that as well all such of the said stock as of all the gaines and profits thereof coming (the losses being deducted if any bee) shall be equally divided, parted and delivered betweene the said survivor and the &c. of the deceased, and that all such summes of mony as by the said accompt shall bee found due or owing by any person or persons to the said A and B, shall upon the recovery thereof by the survivor his &c. be divided, and the entire half thereof (the costs and charges in the law being deducted) shall be by the said survivor, his executors or assignes, delivered and paid to the executour of the said deceased within one month next after the recovery thereof, without fraud or covin. And further, it is agreed &c. That neither of them without consent of the other shall become suretie or bound for any person or persons, by bond, promise or otherwise for any debt, summe of mony, performance of any bargain or otherwayes during the said terme of three years, nor do any other kind of act or thing concerning the premisses, without the consent of the other in writing, which shall be hurtfull to the other in any wise; and finally, that either of the said parties shall accept in part of payment of his portion of the premisses all such debts and credits as hee shall trust or deliver wares for, without the consent of the other, any thing abovesaid to the contrary in any wise notwithstanding.
In witnesse, &c.
An Indenture where three have purchased Land jointly, that upon sale thereof, all summes of money shall bee equally divided amongst them.
THis INDENTURE made &c. betweene T B of the first part, and A K of London on the second part, and E D of London Gentleman on the third part, where the said parties before the date hereof, jointly together at their equall costs and charges have paid, disbursed and laid our divers summes of mony, for the full, cleer and absolute purchase of &c. (recite the land) the state whereof remaineth in the said E and one M G Gentleman the day of the date hereof to be assured to such person or persons, as the said &c. shall name or appoint. Now this Indenture witnesseth, that it is fully covenanted, granted, condescended and agreed betweene the said &c. and every of them covenanteth and granteth for himselfe, his heirs, executors and administrators to and with the other, his heires, executors and assignes, that the whole benefit, commodie and profit, and the summe and summes of mony which at any time hereafter shall be had or received, as arising, coming, growing and renewing of, for or concerning the Lands before expressed and specified, and every part and parcell thereof by the said &c. or any of them, or any of their heires, executors, &c. or any of them, or any other person or persons by their or any of their meanes or procurement, shall bee equally and indifferently distributed betweene every of them [Page 339] the said &c. in such sort, as every of them, their, and every of their heires, executors, administrators and assignes shall have their equall part and portion, without any manner of fraud or covin. And also it is further agreed between the same parties, That in case any of them happen to decease at any time hereafter, That then the benefit and profit of the premisses shall not be perceived or taken by any of the parties for or by reason of any survivorship. And moreover it is fully agreed betweene the said &c. that they, not any of them shall at any time hereafter, bargaine, sell, grant, convey, assure or alien, nor suffer to bee conveyed or aliened by or from them, or any of them the said Messuages, lands, tenements, &c. or any part or parcel thereof, or any his or their estate, right, title or interest of in or to the same or any of them, to any person or persons whatsoever, unless it be by & with the consent, privity, knowledg or agreement of such of the said other parties to these presents as then shall be living under his or their hands and seales in writing first had and obtained.
In witnesse, &c.
An Indenture where a Lease is granted to three joint lessees, that every of them is to pay his part of the rent, and equall part in the charge of repairing, ond other charges.
THis INDENTURE tripartite, made &c. Witnesseth, That where the parties are and stand [Page 340] possessed of and in the Messuage, tenement or Inn, called the Ship, set, lying, and being in the parish of St. Clement Danes &c. and of one field &c. and of, in and to all and sigular houses, buildings, barnes, stables, shops cellars, sollars, wast grounds, entries, issues, wayes, and all other commodities, rents and profits to the same belonging or appertaining; that is to say, every of them a full third part of all and singular the premisses into three equall and even parts to be divided for and during the several termes hereafter mentioned; that is to say, for and during the terme of fourteen yeares mentioned and granted in and by a certain Indenture of Lease bearing date &c. made by one M N &c. to the said A B. of and touching the premisses, which Terme did commence at the feast of &c. then last past before the date of the same Indenture, and for and during the terme of thirty yeares mentioned and granted in and by the Letters patents of our soveraigne Lord the Kings Majestie, under the great seale of England, bearing date &c. granted by our said Soveraigne Lord the Kings Majestie, unto &c. of and in the premisses, as by the said indenture of lease and Letters patents aforesaid more at large appeareth. It is now covenanted, granted, concluded and agreed by and betweene the said parties to these presents, and every of them, and every of them doth severally covenant and grant to and with the other of them severally by these presents, that they and every of them, and the executors, administrators and assignes of every of them, for his her and their, and every of their parts, shal not only wel and truly content and pay, or cause to be contented or paid the full third part and portion of all and singular such yearly rents as are reserved in and by the said Indenture of lease and Letters patents aforesaid, [Page 341] and either of them, at the daies, times and place limited and appointed for the payment thereof, and that from time to time for and during the said several estates and termes of years before mentioned; But also shall at all times hereafter, and from time to time for and during the termes aforesaid, pay, beare, allow and disburse the full third part and portion of all such summ and summes of money and other charges whatsoever, as shall grow due or payable, or be convenient or necessary to be borne or paid for the reparations of the premisses, or for the recovery or defence of the title thereof, or of any parcel thereof; and shall also condescend and agree to all and every such action, suit, and other act and acts which shall be necessary or convenient to bee attempted, prosecuted or done, for, touching and concerning the premisses or any parcell thereof, tending to the profit or benefit of the said parties; and shall not do, procure or cause to be done any act or acts, thing or things, whereby, or by reason whereof the estate, interest or title of the said parties, or any of them, shall, or in any wise may be impaired, hindred, determined or avoided, except it be by and with the assent, consent and agreement of the other of them in that behalf first had and obtained. And further, the said A B doth covenant &c. That the said C D his executors and assignes, and every of them, shall have, occupie, use and enjoy all such easements, waies, and liberties and passages, and shall quietly have free egress, ingress and regress into, and from the said Inne, tenement, field, and other the premises, for the using and occupiing of a full third part of the premises, without let or disturbance of the said A B his &c. in such manner and forme as the said M N hath heretofore had, occupied, used and enjoyed [Page 342] the same premisses. (The like Covenant to E F, and the like from C D to AB and EF, and the like from E F to A B and C D mutat. mutand. et tunc.)
In witnesse, &c.
An Indenture for an under Sheriff.
THis INDENTURE made &c. betweene R L &c. and I C &c. Witnesseth, that where the Kings Majestie by his Letters patents, under the great seale of England bearing date the &c. hath appointed and made the said R L high Sheriff of his County of Surrey and Sussex, The said R L hath by these presents ordained, deputed, constituted and made the said I C his deputie and under Sheriff of the said Counties of S and S. To have, enjoy and exercise the said office of under Sheriffwick by himselfe, his deputy and deputies during such time as the said R L shall continue and be high-Sheriff of the said Counties, by vertue of the said Letters pattents made unto the said R L as is aforesaid, without let or interruption of the said R L or any other person or persons by his meanes or procurement, giving unto him the said I C his atturnie, deputie and deputies, by these presents full power and authority to receive, and take to his and their own use and uses, all manner of profits, commodities, fees, advantages, and all other casualties whatsoever belonging, or in any wise appertaining to the said office of Sheriffwick, growing, coming or happening by reason of exercising and using the said office. Neverthelesse excepting and alwaies reserving [Page 343] unto the said R L and his assignes, the nomination, appointing and returning of all such Juries and pannels in any writs of attaint, and of all other writs which during the time aforesaid, by any manner of means shall come to the hands of the said R L or I C. wherein the Kings Majestie is or shal be partie, or shall concern any Nobleman or Gentleman; all which Juries or pannels, it shall and may be lawfull to and for the said R L for to appoint and return at his pleasure; and in default of such return or appointment to be made, it shall and may bee lawfull to and for the said I C for to returne the said writ or writs. In consideration whereof, the said I C for him, his heires, executours and administratours doth covenant and grant &c. That hee the said I C his executours and administratours shall and will from time to time, and at all times hereafter discharge, acquit or save harmlesse the said R L his &c. and every of them, and his and their goods, chattels, lands, tenements &c. against our said Soveraigne Lord the Kings most Excellent Majestie, his heires and successours, and against all and every other person and persons whatsoever, of and from all and all manner of Actions, Suits, Charges, Amerciaments, Fines, Impositions, Condemnations, Dammages, Losses and troubles whatsoever, which shall happen or come, ensue, or be imposed to or upon the said R L his &c. or any of them by reason of any warrant, returnes, executions, returning or making of any pannels of Juries, assessing of Fines, Amerciaments, Collections, escape or escapes of any prisoner or prisoners apprehended, arrested or attached by the said I C within the said Countie of S. at any time during the continuance of this deputation, and within the said County of S. at any time before [Page 344] the said prisoner or prisoners shall be committed to the Jail, or by reason of any other escape or escapes of prisoner or prisoners, which shall happen by the negligence or means of the said I C. or of any of the Bailiffs of the said Counties, or either of them, or any of his servants or factors, or by reason of the not returning of any Writ or Writs, or by making any insufficient or false Return, or by reason of any other thing or things whatsoever they be that shall be done, procured, made or suffered by the said I C. or any other his Deputie or Deputies, Bailiff or Bailiffs, or by any other his servants or factors.
And the said I C doth covenant &c. That hee the said I C his heirs, executors or assigns at his and their proper costs and charges, within two years next following the discharge of the said R L from the Office or Sheriffwick aforesaid, shall make for and in the name of the said R L a true, just and perfect accompt in the Kings Majesties court of Exchequer, of all such issues, profits, fines, amerciaments, sum and sums of money, and other fees, d [...]ies and charges as shall be collected, levied and received by the said I C. his deputie or deputies, or any of them, by reason of the said Office, or wherewith the said R L shall or may be lawfully charged as Sheriff of the counties aforesaid; the said R L his executors &c. upon such accompt discharging and keeping harmlesse and indempnified the said I C his &c. of all writs or pannels as shall be returned or executed by the said R L without the notice of the said I C, his deputie or deputies as is aforesaid: and after such accompt made as is aforesaid, shall obtain, procure and get for the said R L his &c. a good, lawfull and sufficient discharge and quietus est within the said two years.
And the said R L doth covenant &c. That he the said R L shall and will permit and suffer the said I C [Page 345] and his Deputies, Atturnies, Bailiffs and other Officers, to have and take to his and their own use and uses all profits, commodities, fees and advantages appertaining and belonging to the said Office, without any let or interruption of the said R L. or any other person or persons by his means or procurement.
And further, the said R L doth covenant &c. That he the said R L his executors &c. shall avow and maintain all and all manner of actions and suits which he the said I C his &c. or any of them, at his or their own proper costs and charges shall at any time hereafter lawfully take, commence or pursue in the name of the said R L as High Sheriff of the said Counties of S and S. against any person or persons for any matter or cause touching or concerning the said office of Sheriffwick, such bond and bonds, and other assurances as shall be made to the said R L by any Jailor or Jailors within the said Counties of S and S and such bond and bonds as shall be made with condition for the performance of the covenants and agreements of these presents only excepted. And that he the said R L shall make no release or other discharge of any such action so to be taken or sued, without the agreement or consent of the said I C: the said I C his executors &c. saving and keeping harmlesse the said R L his heirs &c. of and from all costs, sums of money and dammages as shall be taxed, imposed or adjudged upon or against the said R L his &c. by reason of any suits hereafter to be commenced in the name of the said R L his &c. and of all dangers and losses which he the said R. his executors or administrators shall sustain by reason thereof.
And moreover, the said R L covenanteth &c. to deliver unto the said I C. or his assigns seven severall obligation bearing the date of these presents, wherein the said I C, VV H and T P &c. stand bound in the [Page 346] sum of 100. l. with severall conditions upon them indorsed for the performance of the covenants, grants, articles and agreements of these Indentures, to be cancelled and made void at the pleasure of the said I C. his executors or assignes, within 3 months next after the deliverie of the quietus est of the said R L. his heirs &c. if the said Obligations shall not in the mean time be forfeited, and the said R. not indempnified; that if that the said I C his executors or administrators do upon the deliverie of the said Obligations enter into one other Obligation to the said R L. in the sum of 200 li. for the saving and keeping harmlesse of the said R L. his &c. and every of them of and from all and every the sum and sums of mony wherewith the said R L shall be charged by reason of the said Office of Sheriffwick, and shall fall out not to be answered upon the accompts; and of and from all action and actions, plaint and plaints, debt or debts that shall be commenced against the said R L. his &c. by reason of any escape or escapes committed of any prisoner or prisoners arrested within the said Countie of S. not committed to the common Jaile of that countie, or afterwards by the act or negligence of the said I C, or any the Bailiff or Bailiffs, of any his servants or deputies.
And the said I C doth covenant &c. That he the said I C shall not execute or serve any writ or writs of Execution, or make any warrant out of the same writs, exceeding the sum of 100 li. in any one writ; nor yet execute any Letters or other commandments from any the Lords of his Majesties Privie Councel without the privitie and notice of the said R L thereunto first had and obtained. And yet neverthelesse the said I C shall have and perceive to his own life, the benefit and advantage of all the ordinary Fees growing or arising of or by reason of any such [Page 347] Execution, or by reason of the returning of any Juries before in these presents reserved to the said R L as aforesaid.
In witnesse &c.
A Warrant to the Auditors for making particulars from the Lo. Treasurer.
AFter our hearty commendations. Whereas we with other his Majesties Commissioners for sale of his Highnesse Mils, have agreed on his Majesties behalf, That Sir T Ʋ Knight, P Ʋ of London Merchant, and &c. contractors for the Mils, lands and other things hereafter mentioned, In consideration of certaine summs of money by them paid and to be paid to his Highnesse use, shall have and passe from his Majestie to them, their heirs and assigns, in Fee farm, in Soccage tenure, such and so many of his Majesties water corn mils, fulling mils, wind mils, horse mils, and all other mils, of what kind or nature soever, with their appurtenances, as well within the survey of the Exchequer, as of the Dutchie of Lancaster, or within the Isle of Wight; and all mil-houses and other necessarie houses belonging to the same, and all lands, and houses thereupon built, which now are, and usually heretofore have bin demised with the same, as belonging to the same, as shall amount to the yearly value of 1500 l. per an. or thereabouts. Provided that the same be not parcell of the possessions of the Dutchie of Cornwal, or belonging to the Manor of Lanceston in the county of Cornw. or belonging to the Manor of &c. in the countie of Denbigh. These are therefore to will and require you to make forth and send unto us fair written in parchment, under your hands such [Page 348] and so many particulars within your severall offices as shall amount unto the said yearly value of 1500 li. per an. in Mils, with their lands and appurtenances, as the said Contractors or any for them shall from time to time come to require the same; and that you certifie to us what number and quantitie of acres belongeth to every such Mill; and that you put into every particular (if it be so required) so many severall things as shall amount unto the sum of 6 l. 13 s. 4 d. so as the same several things do lie with one Audit, taking only but one fee for the same particular, as if it had been for one thing only. And further, we will and require you to permit and allow the said Contractors, their deputies, agents and assigns, to have a sight of and to peruse all such your books and records as they shall have need, or require for their better instruction, and furtherance of their businesse in that behalf: and withall, that you forbear to make forth any particulars of any the mils or lands of that nature to any person or persons whatsoever, for any lease or leases upon surrender or in reversion, or for any grants in Fee farm, or in Fee simple or otherwise, but onely to and for the use of the said Contractors, their agents and assignes, for the supplying and filling up of the value of 1500 li per ann. other then for the places before excepted: Whereof fail you not, as you tender his Majesties service, and will answer the contrary at your perils.
To our loving Friends, the Auditors of his Majesties Revenues within the survey of his Highness Exche (que) & Dutchy of Lan. and to their sufficient Deputies in their absence, and to every of them, and to the Auditors of the Principality of VVales, and Earldom of Chester, and to all others his Majesties Officers of the said Courts.
A Letter of Atturney to take possession of a Patentee.
TO all Christian people to whom this present writing shall come, G M and H L of London Esquires send Greeting &c. Know ye, that we the said G M and H L have made, ordained, constituted, and in our stead and place have put and Authorized our well beloved I VV and S D and either of them, our true, sufficient and lawful Atturnies, joyntly and severally to take and receive for us and in our names, places and steads of R N, A P T VV and J VV Atturnies for our Sovereign Lord the Kings Majestie, authorized, constituted and ordained, joyntly and severally by his Highnes Letters patents, bearing date &c. under as well his Highness great Seale of England, as under the Seal of his Majesties Dutchy of Lancaster, or of some of them, full and peaceable possession and seisin of and in the several Parks hereafter mentioned. That is to say, of and in the new Park of VVakefield in the County of York; and of and in the Park of Hungerford with the appurtenances in the County of Berks; and of and in the Park of VVicks with the appurtenances in the County of Essex; and of and in all and singular the Parks, houses, buildings, lands, tenements, meadows, feedings, pastures and hereditaments with their appurtenances, which are mentioned to be given and granted in and by the said Letters patents of the Kings most excellent Majesty that now is, to us the said G M and H L made; Sealed as well with the great Seal of England, as with the [Page 350] Seal of his Majesties Dutchey of Lancaster, bearing date, as in and by the same more at large appeareth. Or of, or in any part or parts, parcel or parcels thereof, in the name of all, or as much thereof as they, or either of them shall think good; and Atturnment and Atturnments of the Farmors and Tenants of the said several Parks, for life, lives, yeares or in Fee, or otherwise, and of every of them for and in our names, places and steads, to take, and seisin of their, or any of their rents and services, or any of them to receive, to and for us and our use, according to the meaning of his most Excellent Majestie, expressed in his Higness said Letters patents, in and by which said Letters patents his Highnesse hath Authorized, made, ordained, constituted and specially appointed the said Reignald N. A P. T VV and J VV and every of them as a foresaid, his Highnesse true and lawful Atturnies, joyntly and severally to enter for and in his Highnesse name, into the said Parks, and other the premises, specified and expressed in the said Letters patents, and possession thereof, and of every, or of any parcel thereof in his Highnesse name to take, and after such possession and seisin so had, to deliver for him, and in his name, to us the said G M and H L or either of us, or to our certain Atturnie or Atturnies in that behalf full possession and seisin, of, and in the premises, or any of them. To have, hold or enjoy the same, to us the same G M and H L our &c. according to the form & effect of the said Letters patents thereof to us made, holding firm and stable, all and every act and thing whatsoever, as our said Atturnies, or any of them shal do in or about the premises by these presents.
In witnesse, &c.
A Warrant from the King, for a Lease in reversion.
RIght trustie, and right welbeloved Cosin, and Councellor, and right trustie and welbeloved Councellors, we greet you well. Letting you wit that in consideration of the good and acceptable service heretofore done unto us, by our welbeloved servant A B. We are contented and pleased to grant to him, and his assignes a Lease in reversion for 21 yeares without fine, of such, and so much of our manors, lands tenements and hereditaments, as well within the survey of our Exchequer as of the Revenue of our Dutchie of Lancastar, as together shall amount unto the clear yearely value of 100 li. or thereabouts. Wherefore we will and command you, that when our said servant, or any other for him shall bring unto you any note or notes of any such our manors, lands, tenements or hereditaments usually letten, or meet to be letten to the yearely value aforesaid, or thereabouts, ye give him meanes to have the just particulars thereof at the hands of our Auditors. And thereupon cause a Book to be drawn in due form of Law, concerning a Lease to be made by us to the said A B and his assignes for the term and number of yeares before expressed. Reserving unto us, our heires and succssors the yearly rent now reserved upon the premises, And with such other clauses and covenants as in like cases are used and accustomed, and the same Lease fair written in parchment, and by you subscribed to send [Page 352] to us to passe our Signature and Seals as appertaineth. And these our Letters shall be your sufficient warrant and discharge in that behalf.
Given under our Signet at &c.
The fees and Charges for passing a book of fifty pound per Annum in the Kings general sale, at every Office &c.
- TO Mr. Atturnie for his fees being 3 s. 4 d. in the pound 8 li. -6 s. -8 d.
- To his man for drawing and engrossing the book, for every leafe of paper 2
s.
- ( Note if the Solicitor draw the Book, his fee is 3 s -4 d in the pound, and Mr. Atturny but 20 d.)
- To his man for his paines viz. for ingrossing the book 20 s, or 10 s.
- To Mr. Solicitor for his fees being 20 d in the pound 4 li. -3 s. -4 d.
- To his man for his pains in examining the book 20 s.
- [Page 353]To Mr. Windenbank for getting the Kings hand 40 s.
- To the Clarke of the Signet, for the Fee of the Seal 3 li. -6 s. -8 d.
- To him for ingrossing every skin a peece 20 s.
- To his man for writing every skin a peece 10
s.
- (Note that if the Patent be above fifty pound value, then all these Fees are double.)
- To the Clark of the Privie Seal, for the Fee thereof 2 s. -8 d.
- To himself, and his man for writing every skin, as for the Signet: And if the book exceed the value, then all the Fees double as before. 30 s.
- To the Chamber keeper at Court voluntarily, having no Fee allowed but in Courtesie 3 s -4 d.
- The Fees of the great Seal 2 li. -01 s. -8 d.
- The signing of the Docket 2 s.
- The divident and inrolement of every skin 40 s.
- The Seal, examination and laces 5 s.
- The vellome and flourishing every skin 5 s.
- The Chafe wax 2 s. -6 d.
- To the Clark for writing every skin a peece 20 s.
- To Mr. Pitt the teller in the Exchequer for every acquittance of the first payment 12 d. for the second 2 s.
- To him for his certificate for the whole book 10 s.
- To his men then 05 s.
- [Page 354]For the Talley and Constat 7. s.
- To the Auditor of the rates for his certificate 10. s
- To his man then 5. s
- To Mr. Cartwright for his certificate for bonds to be taken for the woods. 2. s
The Charges at Mr. Osbornes office, and Mr. Fanshawes office for suing out a bond entred for Wards, in the sale.
In Mr. Osbornes office
- FOr the warrant and signing thereof 4. s
- For filing the warranty 1. s
- For making the commission 6. s. 8. d
- For the Master of the Office his fee 6. s. 8. d
- For inrolling the bond 6. s. 8. d
- For a copie of the bond 2. s
In Mr. Fanshawes Office.
- TO Mr. Fanshaw for his fee 7. s
- For entring the Judgment 3. s. 4. d
- To the Atturney and his Clerk 7. s. 8. d
The Signet, and the manner of passing thereof.
TO our wel beloved and faithful Counsellour &c. greeting: We command you that under our Privy Seal, for the time being remaining in your custody, you cause to be made our Letters to be directed to our Chancellour of England, wee commanding him that under our great seale of England he cause to be made our Letters patents in forme following: The King to all &c.
The Privy Seale.
Wee command you that under our great Seale of England, being in your custodie, you cause to bee made our Letters Patents in form following: The King &c.
The Privy Seale to the Chancellor of the Dutchy.
Wee command you, that under our Seal of our said Dutchie, being in your custodie, you cause to be made our Letters patents in form following: The King &c.
The charge of the Dutchy Seale.
- The Chancellors fee for the Seale only, for every Mannor that passeth, is. 8. l. 9. s. 4. d
- And for every quillet 40. s
The charge for drawing, are as to the Kings Attorney or Solicitor.
- To Mr. Gerrard, Clarke of the Dutchie for every Mannor or intire thing that passeth. 7. li.
- For every quillet 40. s.
A Letter of Atturnie to deliver a Lease upon the ground for triall of an Ejectment.
Know yee, that I the said A B have ordained, constituted, apointed, and in my place put my trustie and well beloved in Christ C D and E F my true and lawfull atturnies jointly and severally for me and in my name, and to my use to enter into all that cottage &c. or into any part or parcel of the premisses in the name of the whole, and possession thereof, or of any part or parcell thereof in the name of the whole to my use, to take, and after such possession thereof, or of any part thereof in the name of the whole so had and taken for me, and in my name, and as my deed, to deliver unto G H of &c. that part of an Indenture bearing date &c. purporting to be made betweene me the said A B of the one party, and the said G H of the other partie, which is sealed with the seal, and subscribed with the name of me the said A B. but not as yet delivered as my act and deed, and purporting a demise to be thereby made of the premises by me the said A B unto the said G H for the term of certain years mentioned in the same Indenture. And I the said A B doe by these presents Ratifie and allow all and whatsoever my said atturnies joyntly, or either of them severally shall do or cause to be done in or about the premises.
In witnesse, &c.
An indorsement upon the same.
MEmorandum that C D and E F by vertue of a letter of attorney to them made, by the within named A B did the &c. day of &c. in the 44 year of &c. enter into one close or parcel of land, called or known by the name of &c. parcell of the lands and tenements within mentioned, in the name of the lands and tenements within mentioned, and therof for and the name of the whole did take possession for and in the name, and to the use of the said A B, and then and there did deliver this present Indenture as the deed of the said A B unto the within named G H in the presence of those whose names are subscribed.
A Letter of Atturney to take possession.
TO all Christian people &c. T P greeting &c. Know yee that I the said T P have made, constituted, ordained, and in my place by these presents, have put and authorized my well beloved friend A B my true sufficient and lawfull atturney, to receive and take for mee and in my name of S R of &c. full and peaceable possession and seizen of and in all that the Mannour of S with the appurtenances in the County of H. and [Page 358] of and in all lands, tenements and hereditaments with their appurtenances whatsoever in S. aforesaid in the said County of H to the said Mannour by any means belonging; and of and in all that the Rectory of the parish-Church of S. aforesaid, and of and in all Lands, Tenements and Hereditaments, Oblations, Tythes, Obventions and profits to the said Rectory by any meanes belongi [...]g, and of and in all and singular other Messuages, Lands, Tenements, Hereditaments, with the appurtenances expressed and specified in a certain paire of Indentures of demise bearing date with these presents, made betweene the said S K of the one partie, and mee the said T P of the other partie, of and concerning the premisses for the Terme of twenty and one yeares, from the feast of &c. last past, and for the yearly rent of fifty shillings, and of and in every parcel thereof with the appurtenances. And further, for me and in my name to take, receive and do all and every such other thing and things in or concerning the premisses, as to my said Atturnie shall be thought meet or convenient, and that as fully and effectually, as I my self might doe if I were then and there personally present. Holding &c. at antea &c. Blunden Conc.
A Letter of atturnie to make composition for letting and setting of Lands.
TO all Christian people to whom this present writing shall come, A C Esq se [...]deth greeting [Page 359] in our Lord God everlasting. Know yee, that I the said A C for divers good causes and considerations mee in this behalf especially moving, doe by this my present writing assigne, make, ordain and constitute, and in my stead and place put and authorize my well beloved friend R R Gentleman, my true, sufficient and lawfull atturney and deputie for mee and in my name into the Mannor of E and L with their appurtenances in the Countie of C, and into every or any part or parcell thereof, to enter, and with all, every or any the Tenants, Farmers or occupiers thereof, or any parcel thereof, or any other person or persons, for me and in my name, and to my use, to common take, compound, conclude and agree, of, for and concerning the demising, letting or setting of the said Mannor and premisses and every or any parcel thereof to the same Tenants, Farmors or Occupiers therof, or the said other person or persons for the term of three lives or otherwise, at and for the yearly rents and services therefore heretofore due and accustomed, and for such fine or fines to me the said A C for the same premisses or any of them to be paid as the said R R shall think fit and convenient: and compositions and agreements with the same Tenants, Farmours or occupiers of the same premisses, or any the said other person or persons, and every and any of them for the same premisses or any part thereof for me and in my name, and to my use, to that end, and in that behalfe to make, and the same compositions and agreements, or such of them as the said R R shall think fit for mee, and in my name to make, and as my deed or deeds to deliver, and the counterpart thereof for mee and in my name and my use to take; and to doe, execute and finish the same, and all and every other [...]ct and [Page 360] thing needfull and necessarie to bee done for and concerning the premisses, as fully, wholly and effectually as I my selfe might doe if I were then and there personally present; and all and whatsoever the said R R for mee, and in my name, and to my use as aforesaid, shall doe, or cause to bee done in or about the premisses, or any of them by vertue of these presents, I the said A C shall and wil stand to, justifie, confirme, and allow by these presents.
In witnesse, &c.
A Generall Letter of Atturnie to enter into, and to let and set lands.
Know yee, that I the said A B have made, ordained, constituted, authorized, appointed, and in my place and stead by these presents, have put my well beloved C D and E F of &c. my true sufficient and lawfull atturnies, jointly and severally, as well to enter for mee, and in my name into all and singular my messuages, Lands, Tenements, Woods, Underwoods, and all other my possessions and hereditaments whatsoever with all and singular their appurtenances in C in the said County of &c. as also to aske, gather, leavy, recover and receive for mee, To receive rents. and in my name, and to the use of my [Page 361] said Atturnies of all and singular my Tenants and other the premisses, or of any parcel thereof, all and singular Rents, Profits and arrerages of rents whatsoever, thereof arising, coming or growing, and the Tenants and Occupiers of all and singular my said Messuages, Lands, Tenements and Hereditaments, and other the premisses with the appurtenances and every or any of them, To distrain for non-payment of Rents. for nonpayment of their said Rents, issues and profits, to take and distraine, and the distresses there so had and taken lawfully to lead, drive, carry away and impound, and detain, withhold and keep the same, until the said rents, issues and profits, and arrerages thereof (being behind) be fully satisfied and paid; and if need be, all and singular the same goods so distrained to sell and put on sale, and the mony thereof coming in the hands of my said Atturnie to retaine, hold and keepe, as the Law in that behalfe doth or shall permit; and also all and singular the same my Tenants, Farmours, and other Occupiers of the premisses, not well and truely paying their rents at the accustomed dayes and Feasts, and not well and truly observing, performing, fulfilling and keeping all such covenants, grants, customes and charges as they ought to doe, observe, performe and fulfill by vertue of their leases, grants, or upon any other reasonable cause or causes whatsoever at the discretion of my said Atturnie, from their Farmes and Tenements to expell and amove, and the same premisses, and every or any parcell thereof to other Farmors, Tenants and occupiers in my name to demise, grant and let to Farm to my most profit and commoditie, for the term of one and twenty years or under, by deed [Page 362] or deeds, or otherwise in my name, and this as often and when as need shall require, at the discretion of my said Atturnies; and also for mee and in my name to sell and put upon sale all and singular my Woods, Under-woods, and Trees whatsoever, or any parcell thereof growing, or being of, in or upon the foresaid messuages, lands, tenements and hereditaments and other the premises, or any parcel thereof, to any person or persons, as to my said Atturney shall be thought meet and requisite; and the money thereof coming and growing for me and in my name to ask, take and receive to the onely use of my said Atturnies; and also all and every writing and writings in this behalf requisite and necessarie, in my name to make, seal, and deliver, and also to appoint and allow unto the said Tenants, Lessees, Farmers and occupiers sufficient Timber trees as often as need shall be, for the necessary reparations of all and singular their severall Farms, houses and tenements: And to ask, gather, levie, recover, receive and take for me, and in my name, and to the use of my said Atturnie, of all and singular my Auditors, Bailiffs, Receivers, Farmors, Tenants and other Occupiers whatsoever of the said Messuages, Lands, Tenements and other the premises, or of any parcell thereof, all and singular Farms, Rents, Services, Arrearages, profits and summes of money whatsoever, which are or shall be to me in any wise due, or to be due; and accompt or accompts of them, and of all other my Officers, Ministers, Servants and other Accomptants whatsoever, or of any of them to require and take for mee and in my name; and allowances for their accompts to allow or disallow as the cause requireth, and as to my said Atturnies shall be thought meet and convenient: And also the same Auditors, Bailiffes, Receivers, [Page 363] Officers, Ministers, and Servants whatsoever, or any of them, upon any reasonable cause or causes, at the discretion of my said Atturnies to displace and put out of service and office, and to receive and put other in their, every, or any of their places, or service, office or offices; and this as often as it shall be thought requisite to my said Atturnies. And finally, for me and in my name to doe, follow, exercise, speed, expedite, accomplish and finish all and every other thing and things, act and acts whatsoever touching or concerning the foresaid premises or any parcell thereof as fully and wholly as I might, should or ought to doe, if I were then and there personally present; holding firm and stable all and every thing and things whatsoever which my said Atturnies shall do, or procure to be done for me and in my name, in or about the premises, or any of them. Provided alwaies, That immediately from and after that my said Atturnies or either of them shall have had and received by vertue of these presents the summe of eight hundred pounds of &c. That then and from thenceforth this present Letter of Atturnie, and all and every power and authoritie thereby given, shall utterly cease, be void and of none effect.
In witnesse &c.
And further, That the said A C. his executors and administrators shall clearly acquit, discharge, or sufficiently save harmlesse the said A B. his heirs, executors, administrators, his and their lands, tenements, goods and chattels, and every of them, of and from all and all manner of costs and dammages, and other detriments as shall or may chance or grow by reason of any nonsuit or discontinuance of any processe, action or execution to be commenced by [Page 364] vertue of this authoritie, by the negligence of the said A C. his executors or administrators, or any of them, or by the Atturney, Councellor or Solicitor of any of them.
In witnesse &c.
The Grant of a Keepership of a Park.
TO all Christian people to whom this present Writing shall come, A B &c. sendeth, greeting. Know ye, Me the said A B. for and in consideration of the good and faithfull service by my servant E R to mee heretofore done, and hereafter to be done: To have given and granted, and by these presents to give and grant unto the said E R. the Office of Keeper of my Park at Y. called B Park, in the Countie of C. and also his habitation and dwelling in the Lodge belonging to the same Park, with the going and pasturing of one Gelding and six Kine yearly within the same Park.
And further, know ye, Me the same A B to have given and granted, and by these presents doe give and grant to the said E R. allowance of meat and drink for himself within my house at Y. aforesaid, daily and yearely, at all times, and by so long space as any hospitalitie or houshold shall be kept there. To have and to hold, occupie, exercise and enjoy the said Office of Keeper, and other the premises unto the said E R. for term and during the life naturall of the same E R. Together with all manner of Fees, Rewards, Veiles and Advantages to the same Office customarily belonging, incident, or appertaining.
And furthermore, know ye, Mee the said A B to have given and granted, and by these presents do give and grant unto the said E R for the exercising of the said Office of Keeper, so long as hee shall truely and faithfully exercise the same, one annuitie or annuall rent of four pound of &c. To have, hold, perceive and enjoy the said annuitie, or yearely rent to the said E R. and his assignes, from the &c. during the life naturall of the said E R. at two severall terms of the yeare &c. viz. &c. by even portions yearly, to be paid by the Receiver of my Rents and Revenues, the Steward of my house, or such other Officer for the time being, as I shall appoint for the payment of the rest of my servants their wages yearly &c.
In witnesse, &c.
A Deputation of a Bailiff or Receiver.
TO all Christian people &c. A B. Bailiffe and Collector of the Rents, Farms and Revenues of his Majesties Manors of G and E. and of all and singular lands, tenements, courts, leets, liberties, fines, issues, amerciaments, reliefs, heriots, waifs, strayes, and other possessions and hereditaments whatsoever, to the said Manors belonging, with their members and appurtenances, in the countie of &c. parcell of the lands and possession of W. late M. of Northton, Greeting &c. Know ye, that I the said A B have constituted, deputed and appointed, and by these presents do &c. C D of &c. to be my lawfull and [Page 366] sufficient deputie for me and in my behalf, to occupie and exercise the said Office of Bailif, and Collector, and to exercise, execute, accomplish, receive and do, and to cause to be exercised, executed, accomplished, received and done, all and every such act and acts, thing and things, as in, about, touching or concerning the said office shall be necessary or requisite to be done. To have, hold, exercise and enjoy the said office unto the said C D, as deputie of me the said A B for and during the will and pleasure of me the said A B. in as ample manner and wise, as I the said A B ought, or might exercise, execute, receive, accomplish and do in the same, if I the said A B were, might or should be present at the exercising, executing, accomplishing, receiving or doing thereof.
In witnesse &c.
The grant of a Stewardship, or keeping of Courts.
THis INDENTURE made &c. Between A S of S in the County of S Gentleman, of the one party, and R K of L in the County of B Gentleman of the other party, Witnesseth, that whereas our said Sovereign Lord the Kings Majestie that now is, by his Highnesse Letters patents under the Seal of his Majesties Court of Exchequer, bearing date at Westminster the eleventh day of October in the 20 th yeare of his Majesties Reign, hath amongst divers other things therein contained, assigned and appointed the said A S to the Office and Offices of Steward, [Page 367] and keeper of Courts, and Leets of the Manor of L and also of the Manor of B in the County of S, during his Majesties pleasure, as by the same Letters patents amongst divers other things therein contained, more plainly appeareth. Now the said A S for divers good causes and considerations him in this behalf especially moving, hath made, ordained, constituted and appointed, and by these presents doth make, ordaine, constitute and appoint the said R K to be his deputie, to exercise and execute the said office and offices of Stewardship, and keeper of Courts, and Leets of the said Manor, and to seize and take all Heriots, & to take and receive all profits of Courts and Leets which are or shal grow due within the said Manor or any of them, To have, enjoy, hold, exercise and occupie the same Office and Offices to the said R K during the will and pleasure of the said R S. and to perceive, receive and take the wages, fees, allowances, profits and commodities therefore of right due, accustomed, belonging and appertaining; and the said R K doth covenant, promise and grant for himself his executors and administratoas by these presents, to and with the said A S his executors, administrators and assignes and every of them in manner and form following, viz. that he the said R K his executors or assignes shall and will from time to time well and truely pay or cause to be paid unto the said A S his executors or assignes all such wages, fees, allowances, summe and summes of mony, heriots, profits of Courts and Leets, and other profits and commodities, as for or in respect, or by reason of the said Office and Offices of Stewardship or keeping of Courts and debts within the said Manor, and every or any of them, shall grow due or be payable, or as he the said R K by reason or in respect of the exer [...]ising or executing thereof, shall from time to time [Page 368] receive, perceive, take or make. And also that he the said R K shall not, nor will not at any time or times hereafter, do, commit or suffer to be done any manner of act or thing whatsoever, which shall or may be in any wise prejudicial or hurtful to the said Letters patents before mentioned, or to the said A S his duputie or deputies in exercising or executing the said patent or any the Office or Offices of Stewardship, or keeping of Courts or Leets, or any power or Authority thereby given or granted, or any thing therein conteined.
In witnesse, &c.
The form of an Award yeilded up.
TO all Christian people &c. A B and C D of &c. send greeting &c. Whereas certain suits, controversies and debates have heretofore been had and moved between E F and G H of &c. for the appeasing of which said suits, strifes and controversies, the said E F for himself and one I K of &c. for and on the behalf of G H by their Recognizances bearing date &c. taken and acknowledgled &c. stand bounden either to the other in the summe of &c. That they the said E F and G H shall stand to, abide and obey the order, end and award of us the said A B and C D; so that the same Award were by us the said A B & C D made within fourteen dayes then next after, as by the same may appeare. Whereupon know ye, that we the said A B and C D willing to set the said parties at quietnesse and amitie touching the premises, do make, declare and give up our Award as followeth viz. First we do award, order [Page 369] and determine, That from henceforth the said parties and each of them shall for his part surcease all such suits and controversies, moved, or as are now depending between the said parties, and that &c. And finally we the said Arbitrators do award, order and determine, that this present writing Indented of award, and all other writings concerning the same, shall be had, made and written at the onely costs and charges of the said E F.
In witnesse, &c.
A Letter of Licence from Creditors, to Debtors.
TO all Christian people to whom this present writing of Licence and safe conduct shall come. We A B and C B, all Creditors unto E G and I G, Greeting &c. Whereas the said E G and I G are at this present, truly indebted unto us their said creditors in divers severall summes of mony, which they are not presently able to pay, nor by any likelyhood shall be able in time to come, without our Licence and respite of time be to them given in that behalf. Know ye therefore, that we all and every the said Creditors, have given and granted, and by these presents every one of us severally, for himselfe his executors and administrators giveth and granteth unto them the said E G and I G, our sure and safe conduct and speciall licence, that they the said E G and I G their executors, administrators, servants and assignes, with all their wares, mony and merchandize, at all and every time and times hereafter from [Page 370] the day of the date hereof, until the full end and Term of three whole yeares from thence next ensuing, shall and may safely, quietly and peaceably come and goe, repaire, return, sojourn, dwell and abide within, to and from the Citie of London, and all and every other place and places in this Realm of England to the intent they or he may come to talk and conferre with us about the satisfaction of our said debts, in such sort, as upon view of their estates we shall think them able, without any let, trouble, vexation, arrest, attachment or other disturbance, wittingly or willingly of or by us or any of us, or by the executors, administrators or assignes of us, or any of us, or any other for us, or in our names, or for, or in the name of any of us to be had, made, moved, stirred or procured against the bodies of the said G E and I G. their executors, administrators, servants, goods or debts, for, or by reason of any debt, dutie or sums of mony now growing due or owing by them, or either of them to any of us. And we, all and singular the said Creditors for us, and every of us our executors and administrators do by these presents covenant, promise and grant to and with the said E G and I G their &c. That if contrary to any part or clause of the tenor of this our grant and Licence it at any time shall happen, the said E G or I G their, or either of their executors, administrators, servants, goods, chattels or debts at any time or times during the said Term of three yeares to be wittingly or willingly letted, troubled, sued, attached or arrested by us or any of us, or by the consent or procurement of us or any of us, for or concerning the said debt or debts, or any part or parcel thereof now growne due or owing by them the said E G and I G, or any of them towards us, or any of us; That then, and at all times after, these presents shall [Page 371] be unto, and for the said E G and I G their &c. against us and every of us, our &c. by whom or through whom and whose debt or meanes it shall happen the said E G and I G their executors, administrators, servants, goods, chattels or debts so to be attached, arrested, letted or sued by any order of Law, A clear, sufficient, general and absolute acquittance and release for ever, of and for all actions, suits, debts and demands, that any such of us by whom, or by whose debt or meanes it shall fortune the said E G and I G their executors, servants, goods, chattels or debts so to be attached, arrested, sued or troubled as aforesaid, shall or may have, claim, challenge or demand, of or against them the said E G or I G their &c. or any of them.
In witnesse, &c.
A Licence to passe over Sea.
JAMES &c. to all and singular our Justices, Sheriffs, Bailiffs, Constables, Customers, Controlers, Serchers, and to all and singular other our Officers, Ministers and Subjects to whom in this case it shall appertain, Greeting. We let you wit, that we of our grace espicial, for certain considerations us moving, have Licenced, and by these presents do grant, and give Licence unto our trustie and welbeloved Subject T M Esquire, That he the said T with foure Servants and twenty pound in mony shall and may passe out of this Realm of ours, and other dominions, into any forreign Country or nation, being in amity with us, there to remaine so long as he shall think good and expedient, for the recovery [Page 372] and accomplishment of his health, Wherefore our will and pleasure is, that according to this our free licence, and Letters of pasport, ye, and every of you, permit and suffer him with all and singular the premises, to pass by you without any manner of your let, restraint or impeachment: Taking the transcript hereof for your discharge, and leaving still these our Letters of pasport in his custodie for his discharge hereafter.
Given under our Signet at our Palace of Westminster the 20 of October in the tenth yeare of our Raigne.
A Licence for a Buck and a Doe during the life of the grantee.
WEe E D &c. for divers good causes and respects us moving, Have given and granted, and by these presents for us and our heires, do give and grant unto our welbeloved servant C D our Secretary during his life, one Buck in season in Summer, and one Doe in season in Winter, to be had, taken, hunted and killed, at, or within our Park of B in the County of W either with Dogg or Bowes, by the same C D or his assignes, at his or their free libertie, commoditie and pleasure during his said life: wherefore we will and command you, and every of you our keeper or keepers there, or your deputie or deputies for the time being, upon the sight hereof or of the true Copy hereof signed by the proper hand of the said C D, that you and every of you do peaceably and quietly permit and suffer the same C D and his assignes during his said life yearely from [Page 373] henceforth to have, kill and take, at or within the said Park the said Buck in Summer, and the said Doe in Winter, according to the tenor of this our gift and warrant dormant, any restraint or commandment heretofore had, made, or given to the contrary hereof notwithstanding. And this our warrant signed and Sealed with our proper hand shall be unto you and every of you, a sufficient warrant and discharge against us and our heires at all times in this behalf, given under our Seal and signe Manuel, &c.
A Licence to transport Beer.
TO all Majors, Sheriffs, Customers, Controlers, and to all other the Queens Majesties Officers, Ministers and Subjects whatsoever, and to all and every of them. We T Lo. B and Sir I F Knight Chancellor and under Treasurer Greeting. Know ye, that we by vertue of the Letters patents of our Sovereign Lord the King, under the great Seal of England, bearing date &c. To us in that behalf directed, have given licence, libertie and authority, and by these presents do give licence, liberty and authority to B C of D to buy, and provide within the Citie of L and the Suburbs of the same Citie, and to transport from the Port of L out of this Realm of E to Emden in F. and to such towns in the Low-Cuntries as are in amity with his Majestie, the number of one hundred Tuns of Beer, paying for the Licence, Custome and Impost of every tun thereof 20 s. of &c. to the hands of the Customer, or Collector of the custome, or his deputie of the port of the said City of London to his Majesties use, and putting in sufficient [Page 374] bonds to his Majesties use in the said office of the Custome-house to transport the said 100 tuns of Beer to Emden, and to such towns in the Low-countries as are in amity with his Majestie, and not to any the territories or Countries of the King of Spaine or Pope. Provided, that true indorsement be made upon this our licence of every tun of Beer from time to time required to be passed by the said A B and his Factors, that there passe no more then 100 tuns of Beer, by vertue hereof. And this our licence shall be to you, and to the said A B and his Factors, and to all other to whom it shall or may appertain a sufficient warrant and discharge, for and concernning the premises.
In witnesse whereof we have set our hands and Seals to these presents the 2d of M &c.
A Certificate for payment of the Subsidie.
WEe whose names are here under-written, Commissioners of our Sovereign Lord the Kings Majestie, amongst others within the Citie of London, for the taxation, levying, assessing and collection of the first Subsidie, of the three Subsidies granted to his Majestie in the Parliament holden at Westminster in the &c. year of his Highnesse Reign, do certifie unto the Right honourable Sir I F Knight, Chancellor of his Majesties Court of Exchequer, The Lord chief Baron and other the Barons of the said Court, and to all other his Majesties Commissioners and officers to whom it shall appertaine, that A B of &c. is taxed and assessed to pay to our Sovereign Lo. the Kings Majestie for the said first subsidie, and [Page 375] hath paid the sum of 26 s. -8 d. after the rate of ten pounds in goods, amongst the inhabitants of the Parish of &c. in the ward of &c. at which place the said A B was resident with his Familie at the time of the taxation of the said subsidie. Given under our hands and Seals &c.
A Licence to a Butcher to sell Flesh.
FOR as much as it hath been alwayes heretofore graciously allowed and permitted that some honest persons should provide, kil, sell and retail flesh victual during the Lent season, to any of his Highnesse Subjects, sick, weake and impotent persons. These are to will and require you to allow and suffer this bearer A B of &c. Butcher, by himself or his servant to provide, kill, sell and retail flesh victual within the Parish and County of &c. by, and during all the time of Lent now ensuing, without any of your restraints, denial or disturbance. Whereof faile you not. Dated &c.
For an Undersheriff a Condition.
THe condition &c. That whereas our Soveraign Lord &c. the Kings Majestie that now is, by his Highnesse Letters patents under his Majesties great Seal of England, bearing date the &c. in the fourth year of his Majesties Reign, did appoint and make the within named R K high Sheriff of his Highnesse countie of S. which said R K afterwards by his Indenture bearing date &c. in the said 4 th year &c. did ordain, depute, constitute and make the within bounden I H his deputie and Under-sheriffe of the said Countie of S. as by the same Indenture more plainly at large doth and may appear; If the said J H. his heirs &c. and every of them do at all times hereafter, and from time to time for ever clearly acquit, exonerate and discharge, or otherwise sufficiently save and keep harmlesse the said R K his heirs, executors and administrators, and every of them, and his and their goods, chattels, lands, tenements, possessions and hereditaments and every of them, of and from all and every the sum and sums of money wherewith the said R K shall be charged by reason of the said Office of Sheriffwick, and shall fall out not to be answered upon the accompts; and of and from all action and actions, plaint or plaints of debt or debts that shall be commenced against the said R K. his &c. by reason of any escape or escapes committed of any prisoner or prisoners arrested and not committed to the common Jail of the said Countie, or afterwards by the act or negligence of the said J. or any the Bailiff or Bailiffs, or any his servants or deputies; and of and from all actions, suits, costs, losses, dammages, hinderances [Page 377] and demands whatsoever which shall or may at any time or times hereafter come, grow or be to or against the said R K. his &c. or his or their goods, chattels, lands, tenements, possessions and hereditaments, and every or any them, for or by reason of the premises or any of them, &c.
To surrender lands.
THe Condition of this Obligation &c. That if the above bounden A B. or his heirs doe, or shall within one yeare next ensuing the date hereof, at the reasonable request, and at the costs and charges in the Law of the above-named C D. his heires or assignes, sufficiently surrender to the use of the said C D. his heires and assignes for ever, according to the customs of the Mannors of R and B. in the Countie of S. all such Copie-hold lands as late were the Copie-hold inheritance of E C &c. and before that, of J C of &c. and purchased by the said A B, set, lying and being in A &c. (reciting the parcels) being parcell of the said Mannors of R and B. And also if the said Copie-hold lands at the time of the making and perfecting of the said surrender or surrenders, shall be, and so shall continue clearly discharged, or otherwise sufficiently saved and kept harmlesse of and from all former charges, estates, titles, troubles and encumbrances whatsoever, made, committed or done by the said A B. That then &c.
To cure a Disease, or to repay the money.
THe Condition of this Obligation is such, That whereas the within named A B. the day of the date within written, hath delivered and given the within bounden C D the sum of eight pound in consideration that the said C D should on this side, and before the third day of J. next coming after the date within written cure and make whole the said A B. of the disease or diseases wherewith the said A B is now grieved: If therefore the said C D do before the said 3 d day of J. next well and sufficiently and safely cure and make whole the said A B of the said diseases: And also in case the said A. at any time after, and before the fourth day of M. next following be grieved or vexed with the said diseases or any part thereof, or that the said disease or any part thereof do before the fourth day of M. issue or grieve upon any part of the bodie of the said A B. Then if the said C D. his executors or assignes within twentie daies next after the said fourth day of M. do well and truly repay or cause to be repaid unto the said A B. his executors, administrators or assigns the said sum of eight pound without fraud or covin, This present Obligation to be void &c.
To stand to an Award.
THe Condition of this Obligation &c. That if the within bounden A B. his heirs, executors and administrators, [Page 379] and every of them do stand to, obey, observe, perform, fulfill and keep the Award, arbitrament, order, rule and judgment of E F, Arbitrator indifferently elected, named and chosen, as well on the part of the said A B, as on the behalf of the within named C D, to arbitrate, award, ordaine, judg and deem, as well for and upon the right, title, claim, possession and interest of one close containing by estimation twelve acres of land, be it more or lesse, with the appurtenances, lying and being in G in the Countie of F, as of, for, and upon all and all manner of actions, suits, quarrels, debts, debates, bargains, contracts, trespasses, claims, controversies and demands whatsoever they be, had, moved, stirred, or depending between the said parties at any time before the date hereof: So that the same arbitrament, ordinance and judgment of the said Arbitrator, of and upon the premises, be made and yeelded up in writing indented under his hand and seal on this side and before the Feast of N. next coming after the date within written, That then &c.
So as the Award &c. be given up before the &c. next ensuing (as before:) and if in case the said Arbitrators cannot nor do not before the said &c. make an award of and upon the premises in manner and form aforesaid, Umperage after Award. Then if the said C D. his heirs, executors &c. and every of them do well and truly stand to, abide, obey, observe, perform, fulfill and keep the finall end, judgment, umperage and determination of G H Umpire, and indifferently elected and chosen to end and determine of and upon the premises, That then &c. So that the same umperage &c. of the said C D be had, made and given up in writing indented under his hand and seal, and readie to be delivered to the said parties, [Page 380] of the date hereof hath lent, disbursed and delivered or to such of them as shall require the same before the tenth day of &c. That then &c.
Not to sell Lands had by Marriage.
THe Condition &c. That if neither the within bounden A B his heirs, executors, administrators nor assignes, nor any of them doe at any time nor times hereafter give, grant, bargain, sel, demise, let, set nor otherwise do away all or any of the Lands, Tenements, Woods, Under-woods, Possessions or hereditaments, or any part or parcel thereof which he the said A B now hath and enjoyeth, or is possessed of at this present day by reason of a marriage late had and solemnized betweene him the said A B and J now his wise &c. lying and being in the Towns, Parishes, Hamlets and fields of S. and H in the countie of C. or else where within the Realm of England, to any manner of person or persons without the speciall licence, will, consent, and agreement of the within named C D his executors or assignes first had and obtained in writing for the same. That then &c.
To assure a summe of mony in consideration of a marriage.
THe condition &c. That whereas the within bounden A B intendeth by Gods grace shortly to marrie and take to his wife one C D sister of the [Page 381] within named E F. if the said A B do by his last will and Testament, or otherwise without any fraud or covin (in case the said C D shall after marriage had between them survive the said A B) lawfully give and assure to the said C D the sum of 500 l. &c. or else goods and chattels to the value or worth of &c. over and besides such chains, bracelets, jewels and apparell which the said C D shall fortune to have at the day of the death of the said A B. which said sum of 500 l. or else the said goods and chattels which then shal be worth the said summe of five hundred pounds, and the said chains, bracelets, jewels and apparels, the said C D her executours, administrators and assignes shall and may at all times from the day of the death of the said A B peaceably, quietly and lawfully have, use, give, set and enjoy at her and their pleasure, without any let or interruption of the said C B his executors, administrators or assigns, or of any other person or persons, by his or their meanes, assent or procurement. That then, &c.
To repay mony had with an Apprentice.
THe Condition &c. That whereas A B daughter of &c. by her Indenture of apprentiship bearing date with these presents, hath put her selfe Apprentice to the within bounden C D and E F his wife, and with them to dwell and serve as their Apprentice, from the feast of &c. unto the end and terme of seven years from thence next ensuing, and fully to be compleat and ended, as by the same Indenture of apprentiship more at lage appeareth. And whereas also the within named G H the day [...] [Page 382] to the said C D the sum of twenty pounds &c. to use and occupie as a stock, during the said terme: If therefore the said C D his &c. or any of them, do well and truly pay, or cause to be paid unto the said A B her &c. the sum of twenty pounds &c. at the full end of the said term of seven years, or at the day of the marriage of the said A B, which of them shall now first and next happen, fall out or be, after the date hereof without fraud or covin: And in case it fortune the said A B to decease before the end and expiration of the said term of seven yeares, Then if the said C D his &c. or any of them do well and truly repay, or cause to be repaid unto the said G H his &c. all the said summe of twenty pounds &c. at the full end and expiration of the said term of seven yeares, at or within &c. if the same be then and there lawfully demanded of the said C D his &c. And further, if at any time hereafter during the said terme of seven years it shall appear to the parents of the same A B or to the Chamberlaine of the Citie of London for the time being, that the said A B shal not be sufficiently instructed and taught in the science, trade or art of a &c. which her said Mistriss now useth, or that the said A shall want convenient and sufficient meat, drink, good education, lodging or apparell, or any of them, or that shee the same A shal be by any means hurt or not well used as an Apprentice ought to bee by her said Mistriss, or by any other by her assent, sufferance or procurement, That then &c.
Not to demise lands without licence.
THe Condition &c. that if the within bounden A B do not at any time or times hereafter resign permit, exchange, give, grant, bargaine, sell, alien, demise, set, let, charge, incumber or otherwise do away the rectorie &c. set, lying and being in &c. or any part or parcell thereof, to any person or persons without the special licence, wil, consent, and agreement of the within named C D and E F or either of them, or the heirs or assigns of the said C D before had and obtained in writing under their hands and seals for the same. That then &c.
To pay mony yearly, during the life of the obligee.
THe Condition &c. That if the within boun- A B and C D or either of them or the heires &c. of them, or either of them, doe well and truly content and pay, or cause to be paid unto the within named E F and E his wife, or one of them, or their assignes yearly every year, during the naturall life of the said G the sum of ten pounds &c. at or within &c. at two terms of the year; that is to say &c. or within twelve dayes next after every of the said feasts, by even portions, without fraud or covin. That then &c.
To assure an estate.
THe condition &c. That if the within bounden A B and C D his wife, and either of them, and their heirs (at the proper costs and charges in the Law of the said E F. his heirs and assignes) at all times within the space of two whole years next ensuing the date hereof, do make, assure and convey, or cause to be made and conveyed unto the said E F and his heires, or to such other person or persons and their heires, as the said E F and his heires shall name and appoint, to his and their proper uses and behoofs, such a good, lawfull, sufficient and perfect estate or estates, assurance or assurances in the law, of and in all the Lands, Tenements and Hereditaments whatsoever, with the appurtenances, both free and copie, which late were G F's deceased, father of the said E F, set, lying and being in B in the Countie of C, be it by deed or deeds inrolled, fine, feoffment, recoverie, surrender or surrenders, release with warrantie against the said A B and C his wife and either of them and their heirs as by the learned councel of the said E F his heirs or assignes shall be reasonably advised or devised; the same premisses, then to bee cleerly discharged of and from all former bargaines, sales, gifts, grants and all other charges, titles, troubles and incumbrances whatsoever they be, had, made or done by the said A B and G his wife or either of them in the meane time. That then &c.
To procure a surety to enter bond by a day.
The condition &c. That if the within bounden A B doe on this side, and before the tenth day of June next &c. cause, procure and get, or cause to be procured and gotten, one sufficient and able person that shall be liked of, and thought meet by C D &c. to enter bond, and be bound with the said A B by their writings obligatorie, sufficient in the law, unto the within named C D in the summe of an hundred pounds &c. with condition thereupon endorsed for the sure payment of fiftie pounds &c. to be had and made unto the said C D his executors, administrators or assignes on the &c. at or within &c. That then, &c.
To pay mony upon the obtaining a lease from the Queene.
THe condition &c. That whereas the within named A B hath undertaken and promised to doe as much as in him shall lie and be, to obtaine and procure at the Q. Majesties hands a sufficient demise, lease and grant by Letters patents under the Seal of her Highnesse Court of Exchequer, for and in the proper name of the said C D of and in all that messuage &c. situate, lying and being in E in the county of F now or late in the tenure or occupation of E F. [Page 386] or of his assignes, being of the yearly rent of twenty shillings, and parcell of the possession of the late dissolved Monasterie of G for the term of 20 yeares: If therefore the said C D his &c. after the obtaining of the said Lease, and upon request to him the said C his &c. made by the said A B his &c. do well and truly pay &c. unto the said A B his &c. the full summe of ten pounds &c. over and above all other ordinarie charges, as shall be paid, laid out and disbursed in and about the obtaining, procuring and passing of the said Letters patents, and lease to be procured; so that the same Letters patents be obtained and passed under seale as aforesaid, before the feast of E next coming after the date within written. That then &c.
That the lessee shall not carrie away any wainscot or windows at the end of his lease.
THe condition &c. That where the within named A B by his Indenture of lease bearing date &c. hath demised, and to farm letten unto the within bounden C D all that tenement with the appurtenances &c. now in the occupation of the said C D for the term of certain years yet enduring, as by the same Indenture more plainly may appeare. If therefore the said C D &c. do not at the end of the term of years mentioned in the said Indenture of lease before recited, carry away any of the wainscot, settles and cubards standing and being in the &c. or the keies and locks being upon the doors and cubbards of wainscot aforesaid, of and within the said tenement, or [Page 387] yet take away any of the windowes now standing, appending or appertaining to the said tenement, but do permit and suffer them there to remain at his departure in as good case as now they are, reasonable wearying only excepted. That then &c.
That the deputy atturny shall pay costs and charges for all actions unlawfully prosecuted by him in the name of the grantor.
THe condition &c. That whereas the within named A B hath deputed and appointed the within bounden C D his deputie, for the recoverie and receiving of certain penalties forfeited by reason of certain statutes expressed in his deputation, granted to the said A B by the Queens Majestie, as by the same deputation bearing date &c. it doth more at large appear: If in case the said C D his &c. do at any time hereafter sue, procure or cause to be sued, any person or persons, by vertue of the said deputation, and that without any lawful cause, whereby any sum or sums of mony for costs and charges shal be awarded to be paid by the said A B to any such person or persons by any the Judges of the Court where such suit shall be, then if he the said C D his &c. do pay or cause to be paid all such sum and sums of mony as so shall be assessed or recovered upon or against the said A B his &c. for wrongful vexation as aforesaid, or else do thereof and of every parcel thereof at all times, and from time to time sufficiently save and keep harmlesse the said A B his &c. and every of them. That then &c.
To procure a lease for years, in consideration of a sum of mony.
THe Condition &c. That where the within bounden A B hath before the ensealing and deliverie of these presents received and had of the within named C D the sum of 100 l. &c. if therefore the said A B &c. in consideration thereof do before the first day of M next coming, after the date within writtten, procure, obtaine and get of C F &c. in his owne name, a good lawfull lease and grant in the law, of and in one Tenement &c. and of all that pasture, lease, interest and terme of yeares, as the said H B hath obtained, or before that time shall obtaine, procure or get of the said C F of and in certaine tenements &c. in G &c. in such manner and forme, as by the Councell learned in the law of the said C D. at the costs &c. of the same C D his executors &c. shall be reasonably advised or devised; and if in case the said tenements and other the premisses so to be conveyed to the said C D his &c. shall at any time after such conveyance had and made, bee evicted or recovered out of, or from the possession or occupation of the same C D his executors &c. before the end and expiration of such term of years as shall thereof be granted to the same A B. or if the said C D his &c. shall not or cannot by force of such lease, conveyance and assurance as shall thereof bee made in manner and forme aforesaid, quietly and peaceably have, hold, occupie and enjoy the said tenements, according [Page 389] to the tenor of the same conveyance, Then if the said A B his executors &c. do within ten dayes next following such eviction, recoverie or interruption well and truly content and repay, or cause to be repaid unto the said C D the said sum of 100 l. &c. abating deducting and defaulking out thereof for every year that the said C D his executors &c. shall have, hold and occupie the said tenement, and other the premisses only six pounds ten shillings of &c. That then &c.
To save one harmless of a baile in the Kings Bench.
THe condition &c. That if the within bounden A B his &c. do at all times hereafter, and from time to time cleerly acquit, exonerate and discharge or otherwise sufficiently save and keep harmlesse the within named C D his heires, executours, &c. and all and singular his and their goods, chattels, Lands, Tenements and hereditaments whatsoever, as well against E F of L &c. his executours &c. and every of them, of, for and concerning one assumpsit, baile or recognizance, wherein and whereby the said C D at the speciall instance and request, and for the meere and onely cause of the said A B is and standeth bound as pledge and surety of and for the said A B in his Majesties Court &c. at Westminster, as by the Records thereof, it doth and may appear; as also of, for and from all and all manner of actions, suits, troubles, costs, dammages, judgments, extents, [Page 390] executions and hindrances whatsoever, which shall or may at any time or times hereafter happen, come, grow or be unto, upon or against the said C D his heires, executours &c. goods, chattels, lands, tenements, possessions or hereditaments of him the said C D for or by reason of the said assumpsit, bail or suretiship as aforesaid. That then &c.
To acknowledg satisfaction upon a judgment in an information.
THe condition &c. That where an information was exhibited by A B &c. for and in the name of our Soveraigne Lord the Kings Majestie that now is, against C D of &c. in his Hignesse Court at Westminster, called &c. for and concerning the transporting of gold and silver out of this Realme of England, into parts beyond the seas, contrary to the lawes and statutes in that behalf made and provided, whereupon judgment was given with the Kings Majestie, and the sum of fifty pounds recovered against the said C D, and thereupon a fieri fac' awarded and directed to the Sheriff of the said Countie of S for the leavying of the said summe of fiftie pounds: and where the said C D by the hands of the within named E F hath paid to the within bound A B the summe of fortie five pounds in full satisfaction and payment of the cause aforesaid, and of the summe of fiftie pounds, and of the execution thereupon to be had; If therefore there be a sufficient and lawfull acknowledgment of satisfaction had and made in due forme [Page 391] in the said Courts called &c. of and for the said sum of fifty pounds in such sort as the said C D and the sureties of the said C D standing bound in the said Court for and [...]cerning the same and everie of them, and th [...] [...] &c. of them, and of every of them, and th [...]s and every of their goods, chattels, Lands, Tenements and hereditaments shall be utterly discharged thereof before the fourth day of M. or of this present terme of &c. And in the mean time, if the said C D and his said sureties, and also the now Sheriff of the said Countie of E and his undersheriff and everie of them be well and sufficiently saved and kept harmlesse, [...]s well against our said Soveraigne Lord the Kings Majestie, as against the said A B and all other person and persons, of, for and concerning the foresaid judgment, execution and sum of fiftie pounds, and of every part and parcell hereof. That then &c.
For delivery of wool.
THe condition &c. That if the within bounden A B his &c. in consideration of the sum of fiftie pounds &c. to him at the ensealing and deliverie of these presents, by the within named C D well and truly paid, doe well and truely deliver or cause to be delivered unto the within named C D his executours &c. the number and quantitie of fiftie todde of Wooll good and merchantable, without any manner ot refuse whatsoever, of the growth of the countie of N. of the like goodnesse and finenesse as anie one man shall have of this yeares growth, and growne within [Page 392] five miles of C. at or within the house of &c. between the 14 th day of A and the fourteenth day of I. next ensuing, frank and free without any thing thereof to be given or paid by the said C D his executors, administrators or assignes, Tha [...] [...]e [...] &c.
That the Lessee shall pay the rent reserved by his Lease.
THe Condition &c. (reciting the demise of the Lease and the Reservation of the Rent of &c.) as by the same Indenture of Lease, more plainly at large it doth and may appeare. If therefore the said C D his executors &c. or any of them do at all times hereafter, for, and during so long time of the said term of 20 yeares before mentioned, as he the said C D his executors &c. or any of them, shall or may lawfully and peaceably have, hold, occupie, possesse and enjoy the said premises, and every part thereof, so mentioned to be demised by the said Indenture of Lease as aforesaid, well and truely pay or cause to be paid to the said A B his &c. or any of them, the said rent of &c. reserved to be paid by the said Indenture of Lease as aforesaid, according to the purport, tenor and true meaning of the said Indenture of Lease. That then &c.
To make and deliver a release, by a day at a certaine place.
THe condition &c. That if the within bounden A B do on this side, and before the tenth day of F next coming after the date within written, by his Deede or Deeds in writing, remise, release and quit claim unto the within named C D and E F of &c. and to either of them, and to the executors and administrators of them, and of either of them, all and all manner of actions, suits, quarrels, debts, debates, reckonings, sum and sums of mony, promises, condemnations, judgements, executions, trespasses and demands whatsoever, which at any time before the date, within written, the said A B hath, or had, or might, should or ought to have or claim against the said C D and E F or either of them, or the executors &c. of them or of either of them, for or by reason of any matter, cause or thing whatsoever, from the beginning of the World until the day of the date within written, and the said Deed, or Deeds do on the 10 th day of F next &c. deliver or cause to be delivered unto the said C D his executors &c. at or within &c. That then &c.
The obligor to pay mony for wares delivered in trust, to another that shall make default of payment.
THe Condition &c. that whereas the within named A B hath delivered upon trust unto one C D [Page 394] certain Wines amounting to the sum of 100 li. until the Feast of &c. if in case the said C D his &c. doe not before, or at the said Feast of &c. pay or cause to be paid unto the said A B his executors &c. the said sum of 100 li. but shall make default of payment thereof, or of any part thereof; then if the within bounden E F and G H or either of them or the &c. of them, or either of them, do well and truly content and pay, or cause to be paid unto the said A B his executors &c. the said summe of 100 li. or so much thereof as at the said Feast of &c. shall happen to be behind unpaid. That then &c.
To assure lands after recovery had by the meanes of C D.
THe condition &c. That whereas the within bounden A B pretendeth title to certain lands, tenements and hereditaments situate lying and being in H S and M or in any of them in the County of G, which late were of the Inheritance of E B deceased, & from him the said A B by E F and others unjustly withholden; for the recovery whereof, the within named C D hath promised to doe as much as in him shall lawfully lye and be, to be a meanes for and on the behalf of the said A B. If therefore the said A B and his heires do within 4 moneths next after the obteining and recoverie of the said lands, tenements & hereditaments, or any parcel thereof, and that he the said A or his heires shall or may be in the quiet possession thereof, or of any parcel thereof, and upon the request, and at the costs and charges in the law of the said C D his heires and assignes make or cause to be [Page 395] made to the same C D his heires and assignes to the only use and behoof of the same C D his heires and assignes, a good, lawful and sufficient conveyance and assurance in the law, in fee simple, of and in the moiety and one half of the said lands, tenements and hereditaments, or of, and in the moiety or one half of so much thereof as from time to time so shall happen to be obteined and recovered, of and in the Arreareages of the same moiety and one half of the premises, in such manner and form as by the Councell learned in the law of the said C D his heires or assignes shall be reasonably advised or devised, clearly discharged of all and all manner of bargaines, sales, charges and incumbrances whatsoever, had, made, committed or done, or to be had, committed or done by the said A or by any by his assent, meanes, interest, title or procurement. That then &c.
To deliver writings to be cancelled at a day certaine, and place.
THe Condition of this &c. That if the within bounden AB his &c. do before the second day of S next coming after the date within written, deliver or cause to be delivered to the within named CD his &c. at or within &c. All such Indenture, leases, counterparts of Indentures and writings, as he the said A B or any other by his delivery, hath, or have touching the Manors of S &c. which were made and written before the 11 th day of S last past, without fraud or Collusion, That then &c.
To repay mony upon misliking of a bargaine in Communication.
THe Condition of this present obligation is such &c. That where there hath been Communication between the within bounden A B and the within named C D for and concerning a Farm called S in the County &c. now in the occupation of the said A B to be granted by the said A to the said C D for the term of 40 yeares, if in case the said C D shall mislike to proceed in the same, and of such mislikeing do give notice to the said A before the foruteenth day of S at the messuage of the said Farm. Then if the said A B his &c. do within 20 dayes next after such notice of misliking given, well and truly pay or cause to be paid to the said C B &c. not only the summe of 6 li. of lawful mony of England, to him the said A B delivered at the ensealing hereof, but also to pay and satisfie &c. unto the said C D all such sums of mony and other charges as the said C D &c. hath, or before that time shall have paid or be at, for the sowing or manuring of the said Farm, or any part thereof. That then &c.
To save one harmless for delivery of an Indenture.
THe Condition &c. That where the within named A B hath the day of the date within written delivered unto the within bound C D one deed Indented bearing [Page 397] date &c. made from E F to G H of &c. of certain Lands in I. If therefore the said C D, his heirs, executors, administrators or assignes do at all times hereafter, and from time to time discharge, save and keep harmlesse the said A B, his heirs &c. against G H of &c. and all and every other person and persons whatsoever, of, for or concerning the deliverie of the said Deed, and of, for and concerning all manner of matters and indempnities which may by any means accrue or be unto or against the said A B &c. for or by reason of the same. That then &c.
For a Purveyor of wheat for his Majestie.
THe Condition &c. That if the within bounden A B. purveyor of Wheat, or his Deputie, at all times hereafter do take and receive to his Majesties use and behoof all such Wheat as by his place of purveyorship from time to time he shall be appointed, or thought convenient to receive out of divers Shires within his charge, and for the same do make due and readie payment, according to the usuall prices of the same, unto all and every his Majesties subjects of whom the said Wheat shall be received, or to the High Constables or petie Constables in his said charge, to pay the said severall prizes; and that he do his and their endeavour to deliver, or cause to be delivered unto his Majesties Garners the selfe same Wheat which he or his Deputies shall receive, both sweet and good, meet for the expences of his Majesties house; and that he deliver the self same Wheat which hee or his Deputies shall so receive, [Page 398] without either changing or mingling the same or any part thereof; making withall a true and just accompt of all such summe or summes of money as he or his Deputies shall at any time receive, or the within named C D or his Deputies: And that he do discharge and save harmlesse as well the Kings Majestie, his heirs and successors, as the said C D his heirs, executors &c. against all manner of persons and causes whatsoever, touching his said room or place of Purveyorship of Wheat &c. That then this &c.
To seal a lease by a day, according to a draught thereof already made.
THe Condition of &c. That if the within bounden A B, his heires &c. or some of them, do on or before the fourteenth day of M. next ensuing the date hereof, at or within the now &c. make, seale and deliver as his or their Deed before sufficient witnesse, unto the within named C D, his executors &c. at his and their own proper costs and charges, One good, sure, sufficient and lawfull Lease, Demise and Grant to be made and ingrossed in parchment, and that in and by all things, according to the form, effect and true meaning of a certain paper book already thereof made and drawn, and remaining in the custodie of the said C D. whereunto the said A B hath subscribed his name. That then &c.
To procure lands to be passed in Fee-simple from his Majestie and the Patentee, to convey it to the Obliligee by a day, hee then paying the Patentee a sum of money.
THe Condition &c. is such, That where the within named S W. the day of the date within written, hath delivered to the within bounden A B. one particular of certaine Lands, Tenements and Hereditaments, situate, lying and being in C. parcell of the Mannor of W. in the Countie of O. and in the Borough and Parish of L, in the said Countie of O, of the yearly rent of &c. under the hands of I T and I S, Auditors and Surveyors of the same Countie, Lands, Tenements and Hereditaments, to the intent the same may be granted and passed amongst some other things, from the Queens Majestie, her Heires or Successors, by her or their Letters patents under the Great Seale of England, unto the right Honourable Robert Earle of Leicester, his heires and assignes in Fee-simple for ever. If therefore the said Earle of Leicester, or his heires, within one month next after the date of the said Letters Patents, by which the premises shall be granted unto him the said Earl, his heires and assignes, sufficiently grant, convey and assure unto the said I, his heires and assignes, or to such other person or persons, and their heires or assignes, as the said S. shall name and appoint, to the onely use and behoofe of the said [Page 400] S. his heires and assignes for ever; All and singular the said lands, tenements and hereditaments, and the woods, under-woods and trees standing, growing and being in and upon the same premises; In as large and ample manner and forme as the same shall be granted in and by the Letters Patents aforesaid, and in such manner and forme, and by such conveyance assurance in the Law, as by the said S. his heires and assignes, or by his or their Councell learned in the Law, and at the costs and charges in the Law of the said S, his heires or assignes shall be reasonably advised or devised, and the said S &c. within the time aforesaid required: So that the said Earle or his heires be not required to travell to any place distant above two miles from the place wherein he shall be at the time of such request to be made for the making of such assurance, and that there be not any other or further warrantie therein contained, then onely against the said Earle and his heires, and all person and persons claiming from, by, or under the interest, meanes or title of the said Earle, or his heires. The said S his &c. well and truely paying unto the said Earle, or his heires or assignes, at and upon the making of such assurance, the summe of six hundred pounds of lawfull money &c. for the full and cleer purchase of the premises. That then &c.
To pay a sum of money upon the passing of lands from his Majestie in Fee: and to procure a survey of the woods, and to pay for them.
THe Condition of this Obligation is such, That where T L Esquire, is minded to do as much as in him is, to obtain, procure and get of our Soveraign Lord the Kings Majestie a grant in Fee farm, to him, his heirs and assigns, or to such other person or persons and their heirs as he shall nominate and appoint, the Manor of R. with the appurtenances in the Countie of L, the same to passe under the Great Seal of England, in due form, according to a particular thereof made by the Auditor of the same countie, if in case the said T R or such as he shall appoint, shall procure the said Mannor with the appurtenances to passe from his Majestie by Letters patents according to the said Particular: If then the within bounden &c. shall well and truly content and pay, or cause to be contented and paid unto the said &c. the sum of &c. in manner and form following, viz. At or within &c. within one month next after the same Letters patents shall passe under the Great Seal of England the sum of &c. and within two months then next ensuing the sum of &c. in full satisfaction and payment for the said purchase of the said Manor. And also do within three months next after the date of the said Letters patents procure a perfect survey of all the woods and under-woods growing in and upon the said Manor: and also do pay or cause to be paid to our said Soveraign Lord the King, his heirs [Page 402] and successors, all such sums of money as the same woods and the soile thereof shall be surveyed unto, and certificate by the surveyor of the woods. That then &c.
To make an assurance of land.
THe Condition of this Recognizance is such, That if the above bounden R L his executors &c. do or shall on or before the second day of F. now next ensuing the date hereof, at his or their own proper costs and charges make, seal and deliver, or cause to be made, sealed and delivered unto the above named W G. his executors or assignes such a good, lawfull and sufficient grant, bargain, sale and assignment of all such estate, right, title, interest, term of years, possession, reversion, claim and demand whatsoever which the said R now hath, or may, might, should or ought to have, or can or may claim of, in and to all that Farm &c. with the appurtenances whatsoever, called or known by the name of Wragby, or by any other name or names whatsoever, situate, lying and being in W. in the countie of Y. and of and in every part and parcel thereof, by force and vertue of the last Will and Testament of J L Gent. deceased, father of the said K, or by any other way, means, conveyance or assurance whatsoever or howsoever, in such sort, manner and form, and with and under such covenants, clauses, warranties and agreements as by the said W G. his executors or assignes, or his or their learned Councell in the Law shall be reasonably devised and advised or required, That then &c.
A bond for non-residency.
THe Condition of this Obligation is such, That whereas A B &c. of &c. in the countie of &c. at the request of the within named C D. hath lately presented the within bounden E F to the Vicarage of &c. If therefore the said E F doe and shall at all times hereafter be Resident in and upon the said Vicarage of &c. and there personally read Divine service, and diligently preach and administer the sacraments in decent and orderly manner, according to the Lawes of this Realme, for and during all such time as hee the said E F or his assignes shall enjoy the said Vicarage, or receive the profits thereof: And also, if hee the said E F during such time as hee shall enjoy the said Vicarage, doe, and shall diligently teach and instruct within the Towne of &c. in the said county of &c. [...]00. Scholers of the nomination of the said C D. and his heirs, in all such manner of Grammer learning, and other good Learning and Education as hee the said E F can or may to his uttermost endeavour do and perform, and thereunto faithfully and diligently apply himself, hee the said C D his heires or assignes paying him the said E F for teaching the same 00. Scholers in manner as aforesaid, the summe of &c. yearly, That then &c.
An Indenture of Annuitie.
THis Indenture made the one and twentieth day of &c. in the &c. Between I S of Skipton, in the countie of York Esquire, of the one partie; and Charles P. of London Esquire, on the other partie, Witnesseth, That the said I S, for and in consideration of the summ of &c. to him before the ensealing and delivery of these presents well and truly contented and paid, whereof and wherewith he the said I S doth acknowledg and confesse himself to be fully satified; and thereof, and of every part and parcell thereof doth clearly acquit and discharge the said C P. his heirs &c. and every of them for ever by these presents: Hath given, granted and confirmed, and by these presents doth give, grant and confirm, Grant. for him and his heirs, unto the said C P. his executors and assignes, one Annuitie or yearly Rent charge of 200 pounds of lawfull money of England, to be issuing and gowing out of all those the Mannors and Lordships of Staunton, &c. with all and singular their rights, members and appurtenan es in the said Countie of York; and out of all and singular messuages, cottages, houses, edifices, buildings, barns, stables, orchards, gardens, lands, tenements, meadows, feedings, pastures, commons, moores, marishes, rents, reversions, services, profits, commodities, emoluments and hereditaments whatsoever, with the appurtenances to the said severall Mannors or any of them belonging, or in any wise appertaining, or as part, parcell or member of the said Mannors or any of them, had, used, reputed, occupied or enjoyed: And also out of all other the [Page 305] lands, tenements and hereditaments whatsoever of the said I S. within the said Countie of York. To have and to hold, perceive, receive and take the said Annuitie or yearly Rent-charge of &c. unto the said C P. his executors and assignes, from the day of the date of these presents, for and during the full term and time of fortie yeares now next ensuing, and fully to be complete and ended, if the said C P, and R P Esquire, Nephew to the said C P, or either of them shall so long live: To be paid at four most usuall Feasts or terms in the year; That is to say, At the Feast of &c. by even and equall portions, at or in the Church porch of the Parish-church of &c. The first payment thereof to begin on &c.
And the said J S. for himself, his heires, executors, administrators and assignes, A Covenant to pay forty shillings for every day after default of payment of the rent, and to reenter. and for every of them doth covenant, promise and grant to and with the said C P his &c. that if it shall happen the said yearly rent of &c. to be behind, and unpaid in part or in all, over or after any of the said Feast dayes in which the same ought to be paid, being lawfully demanded by the true intent and meaning of these presents, That then hee the said J S. his heires and assignes shall and will not onely forfeit and lose unto the said C P. his executors or assignes, for and in the name of a pain or penaltie, the sum of fortie shillings of lawfull money of England, for every day that the same yearly rent shall happen to be behinde, and unpaid in part or in all, over or after any of the said Feast daies wherein the same ought to be paid as is before mentioned; But also that it shall and may be lawfull [Page 406] to and for the said C P his executours and assignes. And to and for every of them, from time to time, from and after everie of the said feast dayes, wherein the said yearly rent or any part thereof should or ought to be paid as before is mentioned, into all and singular the said Manors, and into every of them, and into all other the lands, tenements and hereditaments to the said Mannors or any of them belonging, and into all other the premisses, with all and singular their appurtenances, and into everie or any part or parcell thereof, at his or their, or any of their free wills and pleasures, to enter and distrain, as wel for the said yearly rents, as for the said summe or sums of mony which shal or may happen to become, forfeited or lost for or in the name of a paine as is aforesaid; and for the arrerages of them, and either of them, if any shall happen, and the distresse and distresses so there had and taken, to leade, drive, bear and carrie away. And the same with him, them, or anie of them to keepe, impound and detaine, untill the said yearely rent and penaltie, and the arrerages of them, and either of them (if any shall happen to be) shall be unto the said C P his executors or assignes fully satisfied, contended and paid. And the said I S for himselfe, A covenant that be is seized in the fee and hath power to charge the premisses with the annulty. his executours &c. That hee the said I S at the time of the ensealing and deliverie of this present indenture, now is solely, rightfully and absolutely seized in his demeasne as of fee-simple to his owne proper use and behoofe, without any manner of condition, or limitation of any use or uses, to alter, change and determine the same, of and in the said Mannors, Messuages, [Page 407] Lands, Tenements and Hereditaments, and all other the premisses above named with their appurtenances, and of every part and parcell thereof. And that hee now hath full power and lawfull authoritie to charge all and singular the same premisses with the appurtenances, and everie part thereof to and with the said annuity or yearely rent of &c. in manner and forme above declared; and also, that the same Mannors, Messuages, Lands, Tenements and all other the premisses, now are, and so from time to time and at all times for and during the said terme of fortie yeares, (if the said R and C or either of them shall so long live) shall and may remaine and continue lyable, sufficient and overt to and for the distresse and distresses of the said A and of his executours and assignes, as the cause in that behalfe shall require, for and concerning the said yearely rent, and other the premisses, and every parcell thereof. And the said I S for himselfe &c. That hee the said I S his executours and assignes, For further assurance. shall and will from time to time, and at all times hereafter, for and during the space of five yeares next ensuing the date hereof, at the reasonable request of the said C P his executours and assignes, or any of them, at his or their, or any of their proper costs and charges in the law, doe make, knowledge, suffer, cause and procure to bee done, made, knowledged and suffered, all and everie such further lawfull and reasonable act and acts, thing and things, devise and devises in the law whatsoever, for the further, more perfect and better assurance, suretie and sure making of the said annuity or yearly [Page 408] rent-charge of &c. to the said C P, his executours or assignes for and during the said terme of fortie yeares, if the said C and R or either of them doe so long live, according to the true intent and meaning of these presents, as by the said C P his executours, administratours or assignes, or by any of them, or by any of their councell learned in the Law, shall be reasonably devised, advised or required. In witnesse whereof, the parties aforesaid to these present Indentures, have not only interchangably set their &c. But also the said I S hath given and delivered unto the said C P ten shillings currant English money in the name of seizen of the aforesaid annuity or yearely rent-charge &c. before mentioned, dated the day and yeare first above written.
An Indenture of Bargaine and Sale of a Mannor, with necessary Covenants.
THis INDENTURE made the &c. betweene I W of &c. of the one part, and R D of &c. and B his wife of the other part, Witnesseth &c. Hath granted, aliened, bargained and sold, and doth by these presents fully, cleerly and absolutely grant, alien, bargaine and self unto the said R D and B his wife, their heires and assignes, all that the Mannor of Herberge with his appurtenances in the Countie of Essex, [Page 409] and all Lands, Tenements and Hereditaments with the appurtenances whatsoever, by what name or names soever the same or any of them be known or called, now in the tenure or occupation of W E or his assignes, together with all and singular his Lands, Tenements, Profits, Commodities and Hereditaments to the said Mannor of H belonging, or in any wise appertaining, or with the same at any time heretofore demised, used or occupied; or reputed, taken, accepted or knowne as any part, parcel or member thereof; and all other his Messuages, Lands, Tenements and Hereditaments whatsoever, lying and being in the parishes of &c. or in any of them in the said Countie of Essex, and all and singular the reversion and reversions, remainder and remainders of them and every of them, and all rents reserved upon any demise or lease of them, or any part of them. And also all the estate, right, title or interest, inheritance, use, possession claime and demand whatsoever, which hee the said I W now hath, may, might, should or in any wise ought to have of, in and to all and singular the bargained premisses or any part thereof, together with all and singular evidences, deedes, escripts, charters, writings, court rolls, terrors, books of survey and muniments whatsoever, as be now in the hands, custodie and possession of the said I W. or in the hands, custody or possession of any other person or persons whatsoever, to his use, by his delivery, or which he may lawfully get and come by without suit in law. The said I W doth covenant, promise and grant for himself, his heirs, executors and administrators, and for every of them, to and with the said R D and B his wife, their heirs and assigns, upon reasonable request to deliver, or cause to be delivered [Page 410] unto the said R D and B or either of them, their or either of their heires or assignes at or before the feast day of St. Michael the Arch-angel, next ensuing the date of these presents, and true copies of such evidences and writings as concerne the said Lands, to be written at the costs and charges of the said R and B or either of them their heires and assignes: To have and to hold all and singular the said Mannors of H. Lands, Habendum. Tenements, and all other the aforesaid premisses, with all and singular their appurtenances in and by these presents bargained and sold, and everie part and parcell thereof unto the said R D and B his wife, their heires and assignes for ever, to the onely proper use and behoofe of the said R D and B his wife, their heires and assignes for ever. And the said I W for himselfe, his heires, executors and administrators doth covenant and grant to and with the said R D and B his wife, their heires and assignes, by these presents, in manner and forme following, That is to say, That hee the said I W at the time of the ensealing and deliverie of these presents, is, That hee is seized in fee, and hath power to grant. and standeth lawfully and sufficiently seized of such a good, perfect, lawfull and indefeizible estate of inheritance, in fee-simple, or fee-taile, and no reversion or remainder thereof in the Kings Majestie, and to his and their owne use and uses, without any manner of condition or limitation of any other use or uses, to alter, change or determine the same estate of and in the said Mannors, Lands, Tenements and hereditaments, and all other the aforesaid premises, before, in and by these presents mentioned or intended to be [Page 411] granted, aliened, bargained and sold, as hee the said I W can and may lawfully and sufficiently grant, convey and assure all and singular the said Mannors of H. Lands, Tenements and hereditaments, and all other the aforesaid premisses, with all and singular their appurtenances unto the said R D his heires and assignes for ever, according to the true intent and meaning of these presents. That the premises are discharged of incumbrances. And also the said I W for himself &c. doth covenant promise and grant to and with the said R D and B his wife, and either of them, their and either of their heirs and assignes by these presents, That all and singular the said Mannor of H, Lands, Tenements, and all other the aforesaid premisses with their appurtenances before, in and by these presents granted, aliened, bargained and sold, and everie part and parcel thereof, at the time of the ensealing and delivery of these presents, are and be, and at all times hereafter shall be, remaine and continue cleerely acquitted, exonerated and discharged or otherwise upon request sufficiently saved and kepe harmlesse of and from all and all manner of former bargains, sales, gifts, grants, leases, rents and charges, and arrerages of rents, titles, troubles and incumbrances whatsoever, had, made, committed, suffered or done, or to bee had made, committed, suffered or done by the said I W his heires or assignes or by any other person or persons whatsoever, by his or their means, acts, titles, consents and procurements, except one lease &c. And also, that they the said R D and B his wife, and either of them their heires and assignes, and every of them shall and may at all times hereafter, and from time to time for ever [Page 412] according to the true intent and meaning of these presents, peaceably, lawfully and quietly have, hold, use, occupie, possesse and enjoy, all and singular the said Manor of H. Lands, Tenements and all other the before bargained premises, with all and singular their appurtenances, before, in, and by these presents mentioned to be granted, aliened, bargained and sold, and every part and parcel thereof without any manner of lawfull let, suit, eviction or disturbance of the said IW or his assignes, or of any person or persons whatsoever, claiming or lawfully having, or which shall hereafter have or claim any manner of estate, right, title, charge or interest of, in or to the said Manor, and all other the premises, or of, in or to any part or parcel thereof, by, from or under the said I W his heires or assignes; (All such persons as do claim by force of the Leases before excepted, only excepted.)
And furthermore that the said Manor of H and all other the foresaid premises, That the premises are not holden in capite. nor any part or parcel thereof are not holden of his Majestie in capite, whereby any licence of alienation shall be needful to be had, or sued forth, for the bargaine, sale, conveying and assigning of the said Manor, and other the premises to the said RD and B their &c. Nor that the said R D his &c. shall at any time or times hereafter, be ward or wards unto our said Sovereign Lord the Kings Majestie his heires or successors, for, or in respect of the said Manor of &c. and all other the premises or any part or parcel thereof. And also the said I W for himself, his &c. doth covenant &c. That he the said I W and M now his Wife, and the &c. of the said I, and all and every other person and persons whatsoenow having or lawfully claiming, or which shall hereafter rightfully claim any manner of right, title [Page 413] or interest, of, in or to the said Manor, and of all other the aforesaid premises, or any part or parcel thereof, by, from or under the said I W his heirs or assignes (except such persons as shall claim by force of the Lease before excepted) shall and will at all times hereafter, for and during the Term of three yeares next ensuing the day of the date of these presents, doe, make, knowledg, execute and suffer, or cause to be made, done, knowledged, executed and suffered all and every such lawful act and acts, thing and things, device and devices, conveyances and assurances in the Law whatsoever, with warranty against him the said I W and his heires, for the further, and more assurance and sure making of the said Manors, Lands, Tenements and of all and singular other the premises with the appurtenances, and every part and parcel thereof, to be had and made sure unto the said R D and B their heires and assignes for ever, absolutely, without any manner of condition, or other limitation, be it by fine or fines, with Proclamation, with warranty against him the said I W his heires and assignes. Recovery, with double or single Voucher or Vouchers, Deed or Deeds enroled, the enrolement of this present Feoffement with warrantie against him the said I W his heires and assignes, release with confirmation, with the like warrantie, or without warrantie, or by any, or as many of the devcies, wayes and meanes aforesaid, as by the said R D and B or either of them, their heirs &c. as by their or any of their Councel learned in the law shall be reasonably devised, or advised and required, at the only costs and charges of the said R D and B their heires and assignes, so that the said I nor M his Wife be not compelled to travel out of the C and City of M about the same assurance. If he be lawfully evicted within 12 yeares the bargainor to pay 5 li an Acre. And moreover the said I [Page 414] W. for himself his heires, executors, and administrators doth covenant promise and grant to and with the said R D and B and either of them, and to and with the heires and assignes of either and every of them by these presents, in manner and form following. (That is to say,) that if it shall fortune at any time within twelve yeares next after the date hereof, the said R D and B and either of them, their or either of their heires or assignes to be lawfully evicted of, or from the said Manor or any of the lands, tenements or other the aforesaid premises, without any fraud or covin of the said R D and B or either of them, their heires or assignes, by reason of any right, title, estate or interest to be had or made by R VV the Grandfather, or I VV the Father of the said I, or the said I, or by any other person or persons claiming in, by or under their or any of their estates, titles or interests, That then he the said I his heirs, executors or administrators, or some of them shall and will within six moneths next after such eviction so to be had of the same Manor, or of any other the premises, or any part or parcel thereof upon reasonable request to be made at or in &c. well and truly pay or cause to be paid unto the said R D and B their heires and assignes for every Acre five pound, and so after that, rate and rate like; And that without fraud, covin or further delay.
In witnesse whereof the parties abovenamed, &c.
An Indenture to lead the use of a Fine.
THis INDENTURE made &c. Between F B of &c. on the one party, and R W of &c. on the other party, Witnesseth, That whereas it is condescended and agreed between &c. That the said F B and his heirs shall from time to time during 2 yeares next ensuing these Indentures, do, cause, suffer and make such assurance of his Manor of M and S in the County of D, and of the advowsons of the Church of A. and of all his lands, renements, rents, reversions, services and hereditaments whatsoever in M and S in the County of D in such manner and form as by the said R W his heires and assignes, or his, or their Councel learned in the Law shall be devised, at the costs and charges in the law of the said R VV. Now the said R VV hath devised that the said F B at the Utas of S Hilary next ensuing the date above written, shall levie and acknowledg a fine of the said Manors, Lands, Tenements, Advowsons and all o [...]er the premises to the said R W and his heires after the due form of Law: which Fine so to be had, levied and executed touching and concerning the said Manor of &c. and all the lands, tenements, meadowes, leasowes, pastures and hereditaments with the appurtenances to the Manor of M belonging. The said F B for him and his heires doth covenant and grant to and with the said R VV by these presents, to stand and be to the use of the said F B during his life, without impeachment [Page 416] of wasts, and after his decease then to the use of R W and N his Wife, and of the heires of the said R, and of the bodies of the said R and N lawfully begotten; and for default of such issue to the right heires of the said R W for ever; and which fine so to be levied and executed, touching and concerning all the residue of the premises, The said F B for him and his heires doth covenant and grant to and with the said R W by these presents, that the said fine shall stand and be to the use of the said F B and I now his Wife, and of the heires of the said F upon the body of the said I begotten; and for default of such issue then to the use of the said R W and N. of the bodies of the said R and N between them lawfully begotten; and for dafault of such issue, then to the right heires of the said R W for ever.
In witnesse whereof &c.
A Patent made to be Keeper of a Park with a grant of an Annuity.
TO all Christian people to whom this present writing shall come, H N Knight Lord A. sendeth Greeting in our Lord God everlasting. Know ye that I the said H N for and in consideration of the good and faithful service done to me by my servant R M. and for divers and sundry good causes and considerations me hereunto especially moving, have given and granted, and by these presents do give and grant unto the said R M the Office of Keeper and Rangership, with the appurtenances, of all my Park or walk commonly called or known by the name of B. walk, within my walk or forrest commonly called W. [Page 417] within the County of South-Hampton. And him the said R M doth by these presents Constitute, Ordain and make keeper of the said walk, to have and to hold, use, exercise and enjoy the Office of Keeper to him the said R M for the term of his natural life. And further for the considerations aforesaid, and for the better exercising of the said Office, I have by these presents given & demised unto the said R M one house called a lodg there standing and being. And also running, pasturing & feeding yearely of twenty Bullocks, and two Geldings within the walk; And also sufficient fire-boot to be spent yearely upon the premises: To have and to hold the said Lordship, Pasture and premises, with the appurtenances unto the said R M and his assignes, for the term of his life. And finally I the said Lord A for the considerations before rehearsed, have given and granted, and by these presents, for me, my heires and assignes, do give and grant unto the said R M and his assignes, one annuity, or yearely rent, of four pounds by the yeare, issuing and going out of all my Manors, Lands and Tenements in the said County of South-Hampton, To have, perceive, receive and take the said annuity or yearely rent charge of &c. by and during the term of the naturall life of the said R M, payable yearely at two Feasts or Terms in the yeare most usual, (that is to say) at the Feasts of &c. next ensuing the date of these presents &c. and if it shall happen the said annuity or yearely rent of 4 pounds to be behind and unpaid, in part, or in all, by the space of ten daies next over or after any of the said Feast daies, or daies of payment aforesaid, 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 R M and his assignes into all and singular my Manors, Lands, [Page 418] Tenements and Hereditaments whatsoever, in the County of S aforesaid to enter and distrain, And the distress or distresses, then and thereof so found, lawfully, peaceably and quietly to lead, drive, bear, take and carry away, and the same with him and them to detaine, and keep until the said annuity or yearely rent of &c. with the arrearages thereof, if any such shall happen to be; shall be unto the said R M or his assignes fully satisfied, contented and paid.
In witnesse whereof &c.
An Indenture of Division between two Joint Purchasors, with a Rehearsal of their Grant.
THis INDENTURE made &c. Between A B of &c. on the one party, and C D of the other party, Witnesseth, That whereas by Indenture bearing date the &c. made between the Right Honorable I. Lord M and K his Wife on the other party, and the said A B and C D on the other party. The said Lord M and Lady K for and in consideration of the summe of &c. well and truly contented and paid unto the said Lord M and the said Lady K his Wife, by the said A and C did bargain, sell, give and grant unto the said A and C, all those twenty six messuages or tenements adjoyning neere together wherein I L. S W. L T. P O &c. now or lately, severally dwell, or inhabite, situate and being in M in the County of G, and all those messuages or tenements, cal [...]ed or known by the name of P. [Page 419] And all and all manner of Gardens or Garden-places to the said Messuages or Tenements neare adjoyning, and now belonging or appertaining, Together with all and singular Deeds, Charters, Escripts and Muniments concerning only the said premises, or any part or parcel thereof, To have, hold and enjoy all and singular the said Messuages or Tenements, and all other the premises, with all and singular the said appurtenances unto the said A B and C D their heires and assignes for ever. As by the said Indenture more fully and at large it doth and may appeare. For asmuch therefore as the said summe of &c. was paid unto the said Lord M and Lady K his Wife by the said A B and C D at their equall charges and expences, And for that the said A B and C D do, and have alwaies purposed and intended, that both of them and their severall heires and assignes should have and take like profit, benefit and commoditie of all and singular the premises, And that the right Survivor should not take course and place between the said A B and C D. It is now, to the end an equal and indifferent partition and division should be had, and made between them of all and singular the premises above mentioned, covenanted, granted, concluded, condescended and agreed by these presents between the said A B and C D in manner and form following. (that is to say) First, the said A B for him, his heires, executors and administrators, covenanteth, granteth and agreeth to and with the said C D his executors, administrators and assignes, and to and with every of them by these presents, That he the said C D shall have, Habend. of C D his portion. hold and enjoy to him, his heires and assignes in severalty to the only proper use and behoof of the said C D his heires and assignes [Page 420] for ever, One Messuage or Tenement, with the appurtenances, and one Garden or Garden-place to the same adjoyning, wherein one I P now dwelleth, And one other messuage or tenement, with the appurtenances, and one Garden or Garden-plot to the same adjoyning, wherein &c. ( And so name all the parcels belonging to the said C D) All which premises before limited unto the said C D his heirs and assignes, are parcel of the premises bargained and sold by the said L M and Lady K to the said A B and C D as is afore recited. And further, the said C D for him, his heires, executors and administrators, covenanteth and granteth with the said A B his heires, executors, administrators and assignes, and to and with every of them by these presents, That he the said A B shall have, hold and enjoy to him, his heires and assignes, in severalty, to the only proper use and behoof of the said A B his heires and assignes for ever, One messuage or tenement with the appurtenances, and one Garden or Garden-place to the same adjoyning, and now in the tenure or occupation of I K, and one other messuage or tenement, with the appurtenances, and a Garden &c. ( And so name all the parcels belonging to the said A B) all which premises last before mentioned unto the said A B, are parcel of the premises bargained and sold by the said Lord M and Lady K to the said A B and C D, as is afore recited. And for the further coroboration, establishing and performing of the said partition and division, the said A B doth by these presents Remise, Release and quit claim from him and his heires, unto the said C D his executors and assignes, All his Estate, Right, Title and Interest, of, in and to all the said Messuages, Gardens and Garden-places before by these presents limited, assigned and [Page 421] appointed to be had in severaltie unto the said C D his &c. And in like manner the said C D doth by these presents remise, release, and for ever quit claim from him and his heires unto the said A B his heirs and assignes, all the estate, right, title and interest of the said C D. of, in and to all and singular the said Messuages, Gardens, and Garden-places with the appurtenances before by these presents limited, assigned and appointed to be had in severalty unto the said A B his &c. as aforesaid. And further the said A B for him, his heires, That the premises are discharged of incumbrancs done by A B. and C D. executors and administrators and every of them covenanteth and granteth to and with the said C D his &c. and to and with every of them by these presents, That as well the said C D his &c. as all and singular the said premises, with their appurtenances before in these presents limited to be had in severalty to the said C D his heires and assignes, shall at all times hereafter be freely and clearly discharged, or otherwise saved harmlesse of, and from all manner of former bargaines, sales, gifts, grants, leases, conveyances, alienations, charges and incumbrances whatsoever, had, made, caused or procured by the said A B. or by any other person or persons claiming from or under the estate, right, title or interest of the said A B. And the said C D for him, his heires, executors and administrators and every of them, doth covenant promise and grant to and with the said A B his &c. and to &c. ( As in the last covenant from A B to him)
In witnesse whereof &c.
A Lease of a house in London.
THis INENTURE made &c. Between R C &c. on the one partie, and N D Citizen and &c. on the other partie, Witnesseth, That the said R R, for divers causes and reasonable considerations him thereunto especially moving, hath demised, granted, betaken, and to farm let unto the said N D. all that messuage or tenement with the appurtenances, Demise. situate, lying and being in Fleet-street, in the parish of St. Dunstane in the West London, between a messuage or tenement called the Falcon, now in the occupation of P G. Merchant-Tailor or his assignes on the East side; and the messuage or tenement now in the tenure or occupation of one A M. widow on the West side; and abutting upon the Garden adjoyning to the Temple Church towards the South, and upon the high street towards the North. Together with all and singular Shops, Cellers, sollers, chambers, rooms, wayes, entries, yards, back-sides, houses, buildings, gutters, water-courses, easements, profits and commodities whatsoever to the said messuage or tenement belonging or in any wise appertaining; and also all manner of wainscot, glass-windowes, doors and locks in and upon the said Messuage or Tenement and other the premises before mentioned to be demised and granted: All and singular which said messuage, and all other the demised premises are now in the tenure or occupation of the said N D. To have and to hold the said messuage or tenement, shops, cellars, sollars, and all [Page 423] other the aforesaid premises, with all and singular their appurtenances before in and by these presents demised, or mentioned to be demised, and every part and parcell thereof, unto the said N D, his executors, administrators and assignes, from the Feast day of &c. unto the full end and term of one and fortie years from thence next ensuing and fully to be complete and ended. Yeelding and paying therefore yearly during the said term unto the said R R his heirs and assignes 26 pound of &c. at four Feasts or terms in the year; Reddend. That is to say, at the Feast of &c. by even and equall portions. And if it shall happen the said yearly rent of &c. Clause of reentry for non payment of the rent. to be behind and unpaid in part or in all, by the space of &c. next over or after any of the said Feasts in which the same ought to be paid as aforesaid, being lawfully demanded, That then, and from thenceforth, and at all times afterwards it shall and may be lawfull to and for the said R R. his heires and assignes, and every of them, into the said messuage or tenement and all other the aforesaid premises, with all and singular the appurtenances before by these presents demised, or mentioned to be demised; and into every part and parcell thereof wholly to re-enter, and the same to have again, enjoy and re-possede, as in his or their first and former estate: and the said N D, his executors, administratours and assignes, and all other the occupiers and possessours thereof thereout and from thence utterly to expell and amove, any thing herein before specified to the contrary in any wise notwithstanding.
And the said N D. for himself, his executors, administrators and assignes, and for every of them, [Page 424] doth covenant, promise and grant, to and with the said R R. his executors, administrators and assignes, For new Building. and to and with every of them by these presents, in manner and form following: viz. That hee the said N D. his executors, administrators or assignes or some of them, at his and their owne proper costs and charges, shall and will within the time and space of three years next ensuing the date of these presents, expend and bestow in or about the new building, repairing, or bettering of the premises hereby demised, the full value or sum of &c. of lawfull money of England at the least: And also shall and will at his and their like proper costs and charges well and sufficiently repair, support, uphold, sustain, maintain and amend, and keep the said messuage or tenement and new buildings to be erected, and all and singular other the premisses with the appurtenances, and every part and parcell thereof, in, by and with all and all manner of needfull and necessary reparation whatsoever, 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 also all the pavements, garrats, cellars, sinkes, privies, siedges and widraughts to the said messuage or tenement belonging, shall cause to be paved, scowred, purged, and made clean as often and when as need shall be during the said term of &c. by these presents granted. And the same premises so well and sufficiently repaired supported, maintained, purged, paved, scowred, made clean and amended; together with the locks, keys, bolts, staples, latches, catches, hooks, hinges, windows, doors and glasse of the same premises sufficiently made, glazed and amended, in the end of the said Term of &c. or other sooner expiration [Page 425] or determination of this present Lease, shall leave and yeeld up unto the said R R. his heirs and assignes. And also that it shall and may be lawful to and for the said R R his heires, executors, To view reparations. administrators and assignes, and every of them, four times or oftner in every year yearly, during the said term, to enter or come into the said Messuage or Tenement, and all other the premisses with the appurtenances, and into all and every part and parcell thereof, there to view, search and see what defaults for want of reparations there shall be found defective and necessary to be done in and about the demised premises, in any part thereof: And of all such defaults for want of repartions then and there found, to give or leave notice, admonition or warning in writing to and for the said N D. his executors, administrators or assignes, for the repairing or amending thereof. And further, that he the said N D. his heirs &c. or some of them shall and wil within one month next ensuing such admonition or warning well and sufficiently repair and amend the same: And shall also discharge and pay all Church-duties, For Church-duties. Scavengers wages, watches, wardings, and all other taxes, impositions dutes or charges which shall or may at any time hereafter during the said term, be charged or imposed upon him the said N D. his &c. for or by reason of the premises hereby demised. And lastly, the said R R. for himself, his heirs &c. That he the said N D, his heirs, &c. and every of them, for and by the payment of the yearly rent aforesaid, above and by these presents reserved, and under other the covenants, grants, articles and agreements in these presents contained, shall and may, for and during all the said term of [Page 426] &c. by these presents granted, lawfully, peaceably and quietly have, hold, use, occupie, possesse and enjoy the said house, messuage or tenement, and all and singular other the premises with the appurtenances by these premises demised, or mentioned to be demised, and every part and parcell thereof, without any manner of lawfull let, suit, trouble, disturbance or eviction of the said R R. his heirs or assigns, or of any other person or persons whatsoever by his means, assent, consent, right, title, or procurement.
In witnesse, &c.
A Deed of Gift made to one, to save harmlesse from all Bonds.
TO all Christian people to whom this present Writing shall come, I J P of &c. send greeting in our Lord God everlasting. Know ye, that I the said J P. as well for the indempnitie, discharge, and saving harmlesse of R B of &c. his heirs, executors and administrators and every of them of and from all and all manner of bonds and writings obligatory whatsoever, wherein the said R B is and standeth bound for me the said J P in any summe or sums of money to any person or persons whatsoever; as also for divers other good causes and considerations me hereunto especially moving, Have given, granted, bargained and sold, and by these presents do give, Grant. grant, bargain, sell and confirm unto the said R B. all and singular my leases, goods and chattels whatsoever, as well reall as personall, of what kind, nature, qualitie or condition soever [Page 427] the same are or be, and in what place or places soever the same are or be, and in what place or places the same shall or may bee found, as well in my owne custody and possession, as in the hands, custodie and possession of any other person or persons whatsover, To have and to hold all and singular the said leases, goods and chattels, and all other the premisses with the appurtenances to the said R B. his heires, executors, administratours and assignes to his and their owne proper use and behoof for ever. And I the said I P and my heires, all and singular the said goods and chattels, and other the premisses unto the said R B his executors, administrators and assignes, to the use aforesaid, shall and will warrant, and for ever defend by these presents. Provided alwaies, That if I the said I P my executors, Proviso to save harmlesse. administrators or assignes, or any of us doe and shal from time to time and at all times hereafter cleerly acquit and discharge, or otherwise sufficiently save and keep harmlesse the the said R B his &c. and all his and their goods, chattels, lands, tenements &c. and everie of them, of and from all and singular bonds and writings obligatory, whatsoever, wherein or whereby the said R B at the request, and for the debt of me the said I P is, and standeth bound to any person or persons whatsoever in any summe or summes of money, and of and from all manner of actions, suits, charges, troubles, expences and demands whatsoever, which shall or may in any wise hereafter, arise, happen, come, grow or bee to or against the said R B his executors or administrators or any of them for or by reason or meanes of the same obligations or writings obligatory, or any of [Page 428] them, or any thing in them, or any of them mentioned or contained, That then this present deede or grant, and everie thing herein contained, shall bee utterly void and of none effect, any thing herein before specified to the contrary thereof, in any wise notwithstanding.
In witnesse, &c.
A lease of a house and certaine lands made in consideration of a certaine sum of mony, the fee-simple being in the lessor.
THis INDENTƲRE made the &c. betweene M C of &c. Gentleman, and A C now wife of the said M on the one part, and T E of &c. Esquire on the other part, Witnesseth, that the said M C and A his wife, for and in consideration of the sum of &c. of lawfull mony of England, to them in hand paid, before the ensealing and delivery of these presents by the said T E. whereof and wherewith they the said M C and A do acknowledge themselves to be fully satisfied, contented and paid, and thereof, and of every part and parcel thereof doe cleerly acquit and discharge the said T E his &c. Have demised &c. unto the said T E all that his manor house, with the rights, members and appurtenances thereof, situate, lying and being in A in the parish of W in the County of Warwick, and all that close of pasture commonly called or knowne by the name of &c. containing by estimation forty acres, be it more or lesse. And also all that close of pasture [Page 429] commonly called, or knowne by the name of the middle-pasture, containing by estimation twenty acres, be it more or less, and all that close of pasture &c. all and singular which said closes, and other the premises, are or late were in the tenure or occupation of the the said M or of his assignee or assigns, and are situate, lying and being in A aforesaid in the said County of W. and also all other the messuages, houses, edifices, buildings, dove-houses, ortchards, gardens, tenements, meadowes, pastures, feedings, woods, underwoods, commons, wast grounds, moors, marshes, rents, reversions, services, profits, commodities and hereditaments whatsoever of them the said M C or A C or either of them, situate, lying and being in A aforesaid, or W. or in either of them in the said County of Warwick: To have and to hold the said Mansion house, closes, of meadow, pasture and arable, and all and singular other the premisses, Habendum with their and every of their appurtenances before by these presents demised or mentioned to be demised, and every part and parcell thereof unto the said T E his executors, administrators and assignes, from the feast day of &c. last past before the date hereof, unto the full end and terme of &c. from thence next ensuing, and fully to be complete and ended, yeilding and paying therefore yearly, Reddendum. during the said term unto the said M C and A his wife, and their heirs and assignes, one pepper corn at the feast of &c. if the same shall be lawfully demanded. And the said M C for himself, and for the said A his wife, That he is seized in fee, and hath power to demise. their heires, executors and administrators, and for every of them doth covenant, promise and grant to [Page 430] and with the said T E his &c. and to and with every of them by these presents in manner and forme following; that is to say, that he the said M C at the time of the ensealing and deliverie of these presents, standeth, and is lawfully seized in his demeasne as of fee, of and in the said mansion-house, severall closes, and of and in all other the premisses before by these presents demised, or mentioned to be demised with their and every of their appurtenances, without any manner of condition or limitation of use or uses, to alter, change and determine the same; and that they the said M C and A or one of them now have or hath full power and authority to demise and grant the said mansion house, and other the premises with their appurtenances, and every part and parcel thereof, unto the said T E his executors, administrators and assignes in manner and form as aforesaid. And also the said mansion house, closes, and other the premisses before by these presents demised or meant, mentioned, or intended to bee demised, and every part and parcel thereof now are to be, and by and during the said terme of &c. by these presents granted, shall be, remaine and continue unto the said T E. his executors, administrators and assignes of the cleer yearly value of &c. at the least over and above all charges and reprises. That the premises are of the yearely value of &c. And further, that he the said T E his Executours, administratours and assignes, under the rents, covenants, grants and agreements in these presents contained, For quiet enjoying freed from incumbrances. shall and may at all times hereafter, and from time to time, during the terme hereby granted and [Page 431] demised, or meant, mentioned or intended to bee granted or demised, quietly and peaceably have, hold, use, occupie and enjoy the said mansion-house, closes and all other the premisses, and every part and parcel of them with their and every of their appurtenances, and the rents, revenues and profits thereof shall or may receive, perceive and take to his and their owne proper uses, and behoofs cleerly acquitted, exonerated and discharged of and from all and all manner of former bargaines, sales, gifts, grants, leases, jointures, statutes merchant, and of the staple, recognizances intrusions, judgments, executions, rents-charge, rents-seck, arrerages of rents, debts and duties to the Kings Majestie, and of and from all other charges, titles, troubles and incumbrances whatsoever, had, made, committed, done or suffered by the said M C and Anne, or either of them, their heires or assignes, or by any other person or persons whatsoever. And moreover, the said M C for himselfe, and for the said Anne his wife, their heires, For further assurance. executors and administrators, and for everie of them, doth covenant, promise and grant to and with the said T E his executours, administrators and assignes, and to and with every of them by these presents, that hee the said M C and Anne his wife, their heires and assignes shall and will at all times hereafter, and from time to time during the time and space of five yeares next ensuing the date hereof, upon all and every reasonable request and requests to him and them, or any of them to be had or made by the said T E his executours, administrators or assignes or any of them, and at the costs and charges in the law of him the said T E his executors [Page 432] or assignes, or some of them, doe make, knowledge, execute and suffer, or cause to be done, made, knowledged, executed, and suffered all and every such lawfull act and acts, thing and things, devise and devises in the law whatsoever, for the better confirmation of these presents, and for the better and further assurance, suretie, sure making and conveying of the said mansion house, closes, and other the premisses, and every or any of them, with their and everie of their appurtenances, for and during the said terme of yeares hereby granted or mentioned to be granted unto the said T E his executours, administrators and assignes, according to the true intent and meaning of these presents, as by the said T E his executors, administrators or assigns, or by his or their Counsel learned in the law shall be reasonably devised &c.
In witnesse, &c.
An assignment of the same lease and premisses to a third person in trust, upon condition, that if the mony be not paid, the assignment to bee void.
THis INDENTURE made the &c. between T E Esquire on the one part, and T C of &c. on the other part, Witnesseth, That whereas M C of &c. Gentleman, and A C then wife of the said M. by their Indenture of lease, bearing date the &c. [Page 433] for the considerations therein mentioned, did demise grant and to farm let unto the said T E his &c. all that his mansion house, with the rights, members and appurtenances thereof situate, lying and being in A. in the parish of W. in the Countie of W. and all that close of pasture, commonly called or known by the name of the great close, containing by estimation fortie acres, be it more or lesse. And also, all that close of pasture, commonly called or known by the name of the middle pasture, containing by estimation twenty acres, be it more or lesse, and all that close of meadow &c. All and singular which said closes, and other the premisses, then, or late were in the tenure or occupation of the said M. or his &c. and are situate, lying or being in Arlescot aforesaid in the said Countie of W. And also, all other messuages, houses, edifices, buildings, dove-houses, ortchards, gardens, tenements, meadowes, pastures, feedings, woods, underwoods, commons, wastgrounds, moors, marshes, rents, reversions, services, profits, commodities and hereditaments whatsoever, of them the said M C and A C or either of them, situate, lying and being in A aforesaid, and W. or in either of them in the said Countie of VV. to have and to hold the said mansion house, closes of meadow, pasture and arable, and all and singular other the premisses, with their and every of their appurtenances, by the said Indenture of lease demised, or mentioned to be demised, and every part and parcel thereof unto the said T E. his executors, administrators and assignes, from the feast of &c. then last past before the date of the same indenture of lease, unto the full end and term of &c. from thence next ensuing, and fully to be compleat and ended. Yeilding and paying therefore yearely, during the said terme, unto the said M C [Page 434] and A his wife, and to the heires and assignes of the said M. one pepper corn only at the feast of &c. if the same shall be lawfully demanded, as in and by the same indenture of lease amongst divers other covenants, grants, articles and agreements therein contained more fully and at large it doth and may appeare. Now this indenture further witnesseth, That the said T E for and under the proviso conditioned hereafter, in these presents mentioned and expressed, hath bargained, sold, assigned and set over; and by these presents doth fully, cleerly and absolutely bargain, sell, assigne and set over unto the said T C his &c. all the estate, right, title, interest, propertie, possession, terme of yeares, claime and demand whatsoever, which he the said T E now hath, may, might, should or in any wise ought to have or claim of, in or to the said mansion house, closes of land, and other the premisses with the appurtenances by the said Indenture of lease, demised, and in and to every or any part or parcel thereof by force and vertue of the said recited indenture of lease. Provided alwaies, that if the said T C his &c. or some of them, shall not well and truly pay, or cause to be paid unto the said T E his &c. without fraud &c. That then this present Indenture, and all and every covenant, grant article and agreement therein contained, shall bee utterly void, frustrate and of none effect, any thing herein before specified to the contrary thereof in any wise notwithstanding.
In witnesse, &c.
A morgage of a lease for imdempnity of certain sureties bound in an obligation made to another in trust for their use.
THis INDENTURE made the &c. betweene H H of &c. Gentleman, on the one part; and R M of &c. I W and R D of &c. Gent. on the other part, Witnesseth, That whereas &c. as in and by the said indenture of lease amongst other things more fully and at large appeareth. Recitall. And wheras the said I W & R D at the request, and for the debt of the said I H together with him in and by one obligation, with condition indorsed, bearing date with these presents, are, and stand jointly and severally bounden unto R S of &c. in the summe of &c. for the true payment of &c. on the &c. at or in the &c. as in and by the said recited obligation and condition therof more at large it doth and may appear. Now this Indenture further witnesseth, that he the said H H for the indempnitie, discharge, and saving harmlesse of the said I W and R D their &c. and every of them, of and from the said recited obligation, and all sum and sums of mony therein mentioned and contained, and from all actions, suits and demands concerning the same, hath given, granted, bargained, sold, assigned and set over, and by these presents doth fully, cleerly and absolutely give, grant, bargain, sel, assign and set over unto the said R M his &c. as wel the said messuage or tenement, and all and singular other the premisses with the appurtenances, and every part thereof, by the said indenture of lease demised, and every part and [Page 436] parcel thereof, as also the estate, right, title, interest, propertie, term of years, claim and demand whatsoever, which he the said H H his &c. now have, hath, may, might, should, or in any wise ought to have or claime, of, in and to the said messuage or tenement, and other the premisses with the appurtenances, and every or any part or parcel thereof, by force and vertue of the said recited Indenture of lease, or any thing therein contained, or by any other wayes or meanes whatsoever, together with the said recited indenture of lease: To have and to hold the said messuage or tenement, indenture of lease, estate, right, title, interest, term of years, and all and singular other the premisses with the appurtenances, before by these presents bargained, or sold, or meant, mentioned or intended to be hereby given, granted, bargained, sold, assigned or set over, and everie part and parcel thereof unto the said R M his &c. from the ensealing and delivery of these presents forward, for, during and until the ful end and accomplishment of all the residue of all the said terme of &c. now to come and unexpired, granted by the said recited Indenture of lease, in as large, ample and beneficial manner and form, to all intents, constructions and purposes as he the said H H now hath, may, might, should, or in any wise ought to have and enjoy the same by force ond vertue of the said recited indenture of lease, or any thing therein contained or o herwise howsoever. Neverthelesse upon special trust and confidence, That he the said R M his &c. and every of them, shall stand and be interessed and posse [...]sed of and in the said messuage or tenement, and all o her the before bargained premises with the said appurtenances, and every part and parcel thereof, to the only proper uses and behoofs of the said I W and R D their &c. and to no other use, intent or purpose [Page 437] whatsoever. And the said H H for himself, his &c. doth covenant, promise and grant to and with the said R M his &c. and to and with every of them by these presents in manner and form following, (that is to say) That the said recited indenture of lease, That the lease is a good lease. at the time of the ensealing and delivery of these presents, is a good, perfect, sure and indefeizible lease in the law, of or for the said messuage or Tenement and premises thereby demised, and so shall stand, remaine and continue unto the said R M his &c. to the uses before mentioned, for and during the term of years thereby granted and unexpired. And that he the said H H now hath full power, good right, true title and lawfull authoritie to give, grant, bargain, And that hee hath power to demise. sell and set over the same premises and every part thereof unto the said R M his &c. to the uses aforesaid, in manner and forme above mentioned, according to the true intent and meaning of these presents. (A covenant for quiet enjoying, and from incumbrances.) Provided also and alwaies, that if the said H H his &c. or any of them, Proviso. doe truly pay or cause to be paid unto the said R S his &c. the said sum of &c. on the &c. at the place aforesaid, for and in full and cleer discharge of the said recited obligation and condition above mentioned, that then this indenture to be void and of none effect. This indenture or any thing herein contained to the contrary hereof in any wise notwithstanding.
In witnesse, &c.
A Bill of sale.
KNow all men by these presents, That I W G of &c. for and in consideration of the sum of &c. of lawfull mony of England to be to me in hand paid by I S of &c. Goldsmith, at and before the ensealing and delivery of these presents, wherewith I confesse my selfe to be fully satisfied and paid by these presents, have bargained and sold, and by these presents do fully, cleerly and absolutely bargaine and sell unto the said R S in plaine and open market, within the City of London, one chaine of gold, with round links unsoothered, weighing twenty ounces of gold weight, and one gold ring enameled, set with a small Table Diamond, To have and to hold the said chain of gold and ring to the said R S his &c. to his and their own proper uses and behoofs for ever. And I the said W G my &c. and every of us, the said chain and ring unto the said R S his &c. against all people, shall and will warrant, acquit, and for ever defend by these presents. Provided alwaies, That if the said W G my &c. or any of us do well and truly pay or cause to be paid unto the said R S his &c. the full summe of &c. on the &c. at or in the &c. without fraud or covin, that then this present bill, and the bargain and sale of the said chain and ring shall be utterly void, and of none effect, or else to stand and abide in full force and vertue.
In witnesse, &c.
A release of lands mortgaged.
THis INDENTƲRE made the &c. between A W of &c. Esq on the one part, and Sir N H of &c. Knight on the other part, Witnesseth, That the said A W by his indenture bearing date the &c. for and in consideration of the sum of &c. by I H of &c. well and truly to be paid in manner and forme as in and by a proviso contained in the said Indenture is mentioned, limited and declared, did bargaine and sell unto the said I H and to his heires and assignes for ever all that his grange or farm of &c. with the appurtenances in the parish of A in the County of S. parcel of the possessions of the late dissolved Monastery of W in the County of &c. and all other his Mannors, Messuages, Lands, Tenements, Meadowes, Feedings, Pastures, Woods, Leets, Courts, Liberties, Franchises and Hereditaments whatsoever they be, with all and singular their appurtenances, si [...]uate &c. which said premisses, the said A W late bought and purchased to him and his heires of the said I H. together with all and singular messuages, houses, buildings, barnes, stables, dove-houses, ortch-yards, gardens, lands, meadowes, feedings, pastures &c. and hereditaments whatsoever they bee to the said Graunge or Farme of &c. and other the premisses before mentioned, or any part thereof belonging or in any wise appertaining, or accepted, reputed, taken or known as part, parcel or member therof heretofore, used, occupied, demised, letten posessed [Page 440] or enjoyed. To have and to hold all and singular the premises to the said I H. and his heires for ever. In which said Indenture, there is a proviso conteined, that if the said I H his heires, executors, administrators or assignes or some of them, should fail in the payment of the summe of &c. unto the said A W her executors or administrators at the dayes or places in the said Indenture specified, That then the said conveyance should be void, as in and by the said Indenture more at large it doth and may appeare. And whereas the said I H hath conveyed and assured all and singular the premises unto the said Sir N H and his heires, before the ensealing and delivery of these presents. Now this Indenture witnesseth, that the said A W for, and in consideration of the sum of &c. to him the said A W in hand, well and truly satisfied and paid by the said N H before the ensealing and delivery of these presents: And also in consideration of the full discharge and release of the condition, and proviso aforesaid, and at the special instance and request of the said I H. Hath remised, released and quit claimed and by these presents doth for himself and his heires remise, Release release and quit claime unto the said Sir N H and to his heires for ever, The condition and proviso above mentioned, and also all the estate, [...]ight, title, interest, claim, reversion, condition, proviso and demand whatsoever, which he the said A W now hath, or by any manner of waies or meanes hereafter shall, or may have, of, in and unto the said Grange or Farm, and all and singular other the premises with the appurtenances, or of, in, or unto any part or parcel thereof. And also of, in and unto all and singular the Lands, Tenements and Hereditaments which the said A W hath at any time purchased to him and his heires of the said I H. [Page 441] To have and to hold the said Grange or Farm, Habendum. and all and singular the premises, with the appurtenances unto the said Sir N H his heires and assignes for ever, to the only proper use and behoof of the said Sir N H his heires and assignes for ever, absolutely without any condition or limitation whatsoever. And the said A W for himselfe, his heires, executors, administratos and assignes, doth covenant, promise and grant to and with the said Sir N H. his heirs and assignes by these presents, in manner and form following (viz.) That he the said N H his heires and assignes, shall and may from time to time and at all times for ever hereafter, peaceably and quietly, have, hold, occupie, possesse and enjoy the said Grange or Farme, and all and singular the premises, with the appurtenances conveyed and released, or meant, mentioned or intended to be conveyed, or released by these presents without the let, suit, trouble, disturbance or eviction of the said A W his heires or assignes, And without the lawful let, suit, trouble, disturbance, molestation or eviction of any other person or persons, lawfully claiming any estate, right, title or interest, in, out of or into the premises or any part thereof, from, by or under the said A W his heires or assignes, or by his, their or any of their meanes, act, consent, assent, privity, agreement or procurement, other then of the said I H his heires and assignes, claiming from the said A W by vertue of the assurance aforesaid. And also that all and singular the premises and every part and parcel thereof, shall and may from time to time, and at all times for ever hereafter, continue and remaine unto the said Sir N H his heires and assignes free and clear, and freely and clearly exonorated and discharged, of, and from all, and all manner of former and other [Page 442] gifts, grants, bargaines, sales &c. had, made done or committed by the said A W his heires or assignes, or by his, their, or any of their meanes, act, assent, consent, privity, agreement or procurement (except before excepted.) And the said A W doth further for himself, his executors &c. That he the said A W his heires and assignes shall and will from time to time and at all times before the feast of &c. next ensuing the date hereof, at the proper costs and charges in the law of the said Sir NH. do and execute, or cause to be done and executed all and every such further act and acts, thing and things, device and devices, as shall be reasonably devised, advised or required by the said Sir N H his heires and assignes, or by his or their Councel learned in the law, for the better assuring and sure making of all and singular the premises, with the appurtenances unto the said Sir N H his heires and assignes, according to the true intent and meaning of these presents, be it by Fine or Fines, Feoffement or Feoffements, Deed or Deeds Inroled or not Inroled, Recoverie or Recoveries, with double or single Voucher or Vouchers, release, confirmation, warranty or by any other wayes or meanes whatsoever.
In witnesse whereof &c.
A Deed of Revocation.
TO all Christian people to whom this present writing shall come, R R of London Esquire sendeth Greeting. Whereas the said R R in and by two several Indentures, or Deeds bearing date the &c. [Page 443] whereof the one is made between the said R R and G W of &c. and I H of &c. Gentlemen on the other partie: And the other of them is made between the said R R of the one part, and the said G W and I H of the other part, whereupon a Fine was afterwards in due form of Law acknowledged by the said R R and A his Wife, in and by which said several Indentures the said R R did assure and entail unto the said W R and to the heires of his body lawfully begotten, with certain remainders over amongst other things, All those Lands, Meadows, Pastures and Hereditaments, with their appurtenances in N in the County of &c. conteining of estimation &c. lately purchased by the said R R. of one &c. and then in the tenure of &c. or of his assignes; And in and by the same several Indentures did likewise assure and entaile unto the said R R and to the h [...]res of his body lawfully begotten, with certaine remainders over, amongst other things, All that the Manor of Lindgate, with the Royalties, Rights, Members and Appurtenances thereof whatsoever, in N and A in the County of &c. And all Lands, Tenements and Hereditaments to the same Manor then or late appertaining, or as part, parcel or member thereof, then before had, known or reputed, with the appurtenances in N and A aforesaid or either of them, conteining by estimation &c. then lately purchased by the said R R. of one &c. as in and by the said several Indentures, or Deeds indented (amongst other things therein conteined) more at large it doth and may appeare. In which said several Indentures, there is conteined a Proviso in these words following, That is to say: Provided alwayes that if the said R R during his natural life, shall by his Deed or Deeds, of Revocation under his hand and Seal, testified by two Witnsses or [Page 444] more, Revoke, annihilate and make void, or declare that he doth revoke, annihilate and make void all or any the uses and estates, in and by these presents limited or raised, of or upon all or any of the said Manor, Messuages, Lands, Tenements and Hereditaments whatsoever, in the said Fine to be contained and in these presents mentioned, That then and from and after the ensealing of such deed and deeds of revocation, all or any the uses and estates specified and mentioned in either of these Indentures, and which by any such deed or deeds of revocation, shall be declared to be revoked, shall cease and be utterly void, frustrate and of none effect: And that then the said Fine of such parcel to be revoked, shall be to the onely use of the said R R and his heires for ever; Any thing before in these presents conteined to the contrary thereof in any wise notwithstanding, as in and by the said proviso in the said several Indentures, mentioned and conteined, more plainly may appear. Now know ye that the said R R. as well in consideration that the uses and estates of and in the Manor, lands, tenements and hereditaments hereafter in these presents mentioned, and contained in the foresaid Indentures of entaile, may remaine and be (touching the said uses and estates) revoked, and continue unto the said R R his &c. to be disposed of at his or their pleasures. And also for divers other good causes and considerations him hereunto especially moving, and by vertue of these presents and of the said proviso conteined in the said several Indentures above recited or mentioned, hath revoked, annihilated & made void, and by this present deed of revocation doth revoke, annihilate and make void the several uses and estates in and by the said Indentures or either of them raised or limited, of or upon all the said Manor of L with the roialties, [Page 445] rights, members & appurtenances thereof whatsoever in N and A aforesaid, or either of them in the said Countie of &c. and of all the said lands, tenements and hereditaments to the said Mannor of Lindgate now or of late appertaining or belonging, or as part, parcel or member thereof heretofore had, known or reputed, with the appurtenances in N and A aforesaid, or either of them, containing by estimation &c. late purchased by the said R R of &c. And further, the said R R. for the consideration aforesaid, and by vertue of the said Proviso contained in the said severall Indentures, and otherwise, Hath revoked, annihilated and made void, and by this present Deed of Revocation doth revoke, annihilate and make void the severall uses end estates in and by the said Indentures or either of them raised and limited, of or upon one close of land and pasture called K close, containing by estimation &c. and of or upon one other close of land and pasture with the appurtenances, containing by estimation &c. in N. aforesaid: and of or upon two acres of arable land by estimation &c. in N. aforesaid, now in the occupation of &c. or of his assignes.
In witnesse &c.
A Grant and Sale of the Reversion of certaine Lands.
THis INDENTURE made &c. Betweene R VV of &c. of the one part; and C D of &c. of the other part, Witnesseth, That the said R VV for and in consideration of the summe of &c. Hath granted, bargained and sold, Grant. and by these presents doth fully, clearly and absolutely [Page 446] grant, bargain and sell unto the said C D. his heirs and assignes for ever, All that his right, use, interest, reversion or remainder of and in all and singular &c. now or late in the tenure or occupation of &c. which said messuage and other the premises with the appurtenances, he the said R VV hath, should, or ought to have by and after the decease of A VV mother of the said R. which said messuage or tenement, barn, ortchard &c. with the appurtenances R VV deceased (late father of the said R VV, partie to these presents) by his last Will and Testament devised, willed and bequeathed unto the said A VV, the immediate reversion or remainder thereof to the said R VV and his heirs for ever: Together with all the Deeds, Evidences, Charters, Escripts, Writings and Muniments which he the said R W, or any other to his use, or by his consent or delivery have or hath, touching or concerning the said messuage or tenement and other the premises, or any part or parcell thereof. All and singular which said Deeds, Evidences and Charters &c. the said R W hath already delivered at and before the ensealing and deliverie of these presents. To have and to hold the said Reversion and Remainder, Habend. estate, right, title, interest and other the premises with the appurtenances before by these presents bargained and sold, or meant, mentioned or intended to be hereby granted, bargained and sold, and every part thereof, immediately from and after the decease of the said A VV the mother, unto the said C D. his heirs and assignes for ever, to the onely proper use and behoof of the said C D. his heirs and assignes for ever. And the said R W for himself, his heirs &c. That he the said R W. on the day of the date of these presents That he is lawfully seized in reversion. [Page 447] is lawfully and solely seized of and in the Reversion and Remainder of the said messuage or tenement, and of other the premises with the appurtenances immediately from and after the decease of the said A VV. of a true and full estate of inheritance in the law, in Fee, to his own use, without any manner of condition, mortgage or redemption. And further, that the said reversion or remainder of the said messuage or tenement, and other the premises with the appurtenances, from, by, and after the decease of the said A VV the mother, at the day of the date hereof, are and be, and so at all times from henceforth shall be and continue free, cleare and clearly acquitted, exonerated and discharged, and saved harmlesse by the said R W. his heirs, executors and administrators, of and from all and every former bargaines, sales, gifts, grants, leases, statute merchant, and of the staple, recognizances, joyntures, dowers, wills, entails, intrusions, rents charge, rents seck, arrearages of rents, and of and from all other charges, titles, troubles, incumbrances and demands whatsoever, had, made, committed, suffered or done, &c.
In witnesse &c.
An assignment of a Recognizance with very good Covenants therein inserted.
THis Indenture made &c. Between T P. of &c. Gent. of the one part, and C D and R D &c. on the other part, Witnesseth, That whereas VV P [Page 448] of &c. son and heir apparant &c. by one recognizance acknowledged in his Majesties high Court of Chancery, bearing date &c. Hath acknowledged himself to owe and stand indebted unto the said T P in the sum of &c. payable to the said T, or to his certain Atturney, his &c. in manner and form as by the said Recognizance, together with a certain condition thereunto subscribed in the said Court of Chancery enrolled and remaining of Record, now at large it may appear. Now the said T P. for divers causes and considerations him moving, Hath bargained, assigned and set over, Grant and by these presents doth &c. unto the said C D and R D, the said Recognizance, and all and every summ and sums of money therein contained, and all the profits, benefit, advantage and commodities which shall or may in any wise hereafter grow, be had, gotten, arise, accrue or come to the said T P. or to his executors &c. upon or by reason of the same Recognizance, or any thing therein contained. And also the said T P doth by these presents authorize and appoint, constitute, ordain and make the said C and R, their executors, administrators and assigns and every of them, the lawfull Atturnie and Atturnies irrevocable of and for the said T P, his executors and &c. and in his or their name or names to sue and prosecute all and every such lawfull action, execution, processe, actions, executions, processes as shall or may be commenced, sued or tryed, in, upon or concerning the said Recognizance, or any sum of money, debts, duties or demands whatsoever in the same contained, comprized or specified, or by reason thereof to be had or obtained: and other Atturnie or Atturnies for or under them or any of them, or in their or any of their behalfs to substitute, make and ordain, and the same to disallow, change and remove when and as often [Page 449] as they the said C and R. and their executors, administrators or assigns or any of them shall think good: And the same summ and summs of money, profits, commodities and demands, and every of them, or any other thing in satisfaction thereof, to receive, have, take and enjoy to the onely proper use and behoof of the said C and R, their executors, administrators and assigns, or any of them; and therefore or for the same to make composition, agreement or discharge, whatsoever they the said C and R. their executors &c. or any of them shall think good. And also the said T P. for himself &c. That he the said T P. his executors, That hee shall permit him to sue. administrators and assignes shall and will quietly permit and suffer the said C and R. their executors &c. and every of them, at their or some of their own proper costs and charges, to prosecute, sue, implead and attempt at any time or times, and from time to time hereafter, all and every such lawfull and reasonable action, execution, suit, processe and demand whatsoever in the name or names of the said T P. his executors, administrators or assignes or any of them, which he the said T P. his executors &c. or any of of them may, might, should or ought to have, upon or by force or means of the said Recognizance, or touching or concerning any sum of money, dutie or demand whatsoever concerning the same, or any thing therein contained, comprised or specified, or any thing thereupon to be had and obtained. And that hee the said T P. his executors, administrators and assigns shall and will at every time and times hereafter, and from time to time, upon the reasonable request, and at the costs and charges of the said C and R. or one of them, their or one of their executors, administrators or assignes, avow, justifie and maintain [Page 450] all the said actions, suits, processes and demands. And that neither he the said T P. nor his executors or administrators shall at any time hereafter revoke, That he shall not release without consent discontinue, discharge, release or otherwise wittingly and willingly hinder or delay any such action, execution, suit, processe or demand whatsoever as shall be so attempted, pursued or had as is aforesaid, or any of them, without the consent of the said C D and R D, their executors, administrators or assignes or any of them first had and obtained in writing under their hands and seals. And also that neither he the said T P at any time heretofore hath received the said sum of &c. nor any part thereof; nor hath released, extinguished, determined, or in any wise discharged the said recognizance, or hath at any time done or committed, or shall hereafter (without the speciall consent of the said C and R. their executors &c. or some of them first had and obtained in writing) willingly do or commit any act or thing, whereby, or by reason whereof any such action, execution, suit, processe or demand whatsoever as shall be so attempted, pursued or had by the said, C and R. their executors, administrators or assignes, or any of them, in the name or names of the said TP. his executor or administrators, upon, concerning or by reason of the said Recognizance, or any thing or demand thereupon to be had, shall or may be discharged, released or barred. And also that the said C D and R D. their executors, administrators and assigne [...] and every of them shall or may at all times hereafter have, receive and take to their owne proper use and behoof, the whole execution, benefit and commoditie, and all and every summ and summes of money and other thing and things whatsoever as at any time hereafter [Page 451] shall fortune to be recovered, had and obtained by reason of the said Recognizance, or any such action, suit, extent or execution as shall or may be commenced, had, used or obtained as is aforesaid, without any let, charge, hindrance or interruption of the said T P. his executors, administrators, or any other person or persons whatsoever, by his or their assent, consent, title, means or procurement, and without any accompt therefore to them or any of them to be yeelded or made. And also the said T P. for himself, &c. That he the said T P. his &c. and every of them, at all time and times hereafter, upon or within convenient time after every reasonable request and warrant to him or them to be made or given, and at the costs and charges of the said C D and R D. their executors, administrators or assigns or some of them, shall do, knowledg, and suffer to be done all and every such lawfull warrant, and reasonable act and acts, thing and things, device and devices; as by the said C and R. or one of them, their or one of their executors, administrators or assignes or some of them, their or some of their Councel learned in the law shall be reasonably devised or required, either for the cleer acquitting, cancelling or discharging of the said Recognizance, or for the better obtaining, having, holding or assuring to them the said C and R, their executors or administrators and the survivor of them, the said Recognizance, and every or any summe or sums of money therein mentioned; and of all, every or any goods, chattels, lands, tenements, hereditaments, and other thing and things whatsoever, to which he the said T P. his executors &c. now is, are or any of them is, or at any time hereafter shall be intituled unto, by force or concerning the said Recognizance, or any execution, matter or thing thereupon to be [Page 452] had, used or made, at the election or choice of the said C and R D. their executors administrators or assignes, or any of them: and likewise shall not release or discharge the said recognizance, or any execution, matter or thing thereupon to be had, or any part thereof.
In witnesse &c.
A generall Release.
KNow all men by these presents, That I J D Gentleman, have remised, released, and for ever quit claimed, and by these presents do, for me, my heirs, executors and administrators and every of us clearly and absolutely remise, release and for ever quit claim unto I R. &c. his &c. all and all manner of actions, suits, quarrels, debts, duties, bonds, bils, writings obligatorie, reckonings, accompts and demands whatsoever, which against the said J R ever I have had, now have, or which I, my executors or administrators or any of us at any time hereafter shall or may have for or by reason or means of any matter, cause or thing whatsoever from the beginning of the world, untill the day of the date of these presents.
Witnesse my hand &c.
A Release unto one that hath lost the Counterpart of his Lease.
TO all Christian people to whom this present writing shall come, H B of &c. Greeting. Where T S [Page 453] of &c. in and by one indenture of lease bearing date the &c. for the considerations therein expressed, did demise, grant, betake and to farm let unto me the said H B my &c. (reciting the grant.) In which said Indenture of lease, there are divers covenants, grants, Recital. articles and agreements on the part and behalfe of the said T S. his executors, administrators and assignes to bee observed, performed and kept, as by the same indenture of lease, amongst divers other thing and things therein contained, more at large appeareth. Now know yee, that he the said H B for divers other good causes, and &c. have by these presents remised, released, and alwaies of and for me, my &c. for evermore quit claimed unto the said T S his executors, administrators and assignes, all and singular the covenants, articles, provisoes, conditions, clauses, sentences and agreements whatsoever in the said Indenture of lease mentioned or contained, which on the part and behalf of the said T S his executors, administrators or assigns, are, or ought to be observed, performed and kept. And also all manner of actions, quarrels, benefits, commodity and advantage that shall or may happen to arise or grow by reason or meanes of them, or by the breach and not performing of all and every the said covenants, grants, articles, clauses and agreements, and everie or any of them. And also I the said H B have remised, released, surrendred, assigned and set over, and by these presents doth remise, release, surrender, assigne and set over from mee my executors, administrators and assignes to the said T S his executors, administrators and assignes, all the state, right, title, interest, term of years, propertie, claim and demand whatsoever, which I the said H B now have, or that I my &c. or any of us ought to have [Page 454] or claim of, in and to all and singular other the premisses to mee the said H B in and by the said Indenture of lease demised as aforesaid, and of and into every part or parcel thereof.
In witnesse, &c.
A release of fines and forfeitures due to the King and the informer, upon the statute of recusancy.
TO all Christian people, to whom this present writing shall come, I A S of &c. send greeting. Whereas I the said A S in or about the first day of &c. did exhibit and prefer unto the Kings Majesties Court of common pleas at Westm. one bill of information touching and upon the statute of recusancy against F M of &c. for the supposed christning of a child of the said F. contrary to the said statute and the lawes of this Realm, as by the said information now depending and remaining in the same Court of Common pleas more at large appeareth. Now know yee, That I the said A S for and in consideration of a certain sum of lawfull &c. to me in hand paid by the said F M before the ensealing and delivery of these presents, have remised, released and quit claimed, and by vertue of one Indenture to mee made and granted from the Right honourable R. Lord Evre, and E of Morley, for the prosecution, ending and compounding for all matters concerning the said statute, do remise, release, and for ever quit claim unto the said F M his executors and administrators, all and all manner of actions, and causes [Page 455] of actions, suits and troubles, now or at any time heretofore by my means or procurement prosecuted and depending in his Majesties Court of Common pleas or elsewhere, against the said F M touching the statute before mentioned, and all fines, forfeitures, penalties, sum and sums of money and demands due, or which of right ought to be due and payable, either to our Soveraigne Lord the Kings Majestie that now is, his heirs or successors, by reason, means or suspicion of the breach or non performance of the said statute, or to me the said A S. my executors, or administrators by vertue of the Indentute aforesaid, or of any information in that behalfe exhibited, or otherwise howsoever. And I the said A S my executors and administrators and every of us shall and will at all times hereafter for ever, well and sufficiently maintaine and uphold, make good and defend this present release, to the said F M his executors and assignes, and every of them, against all persons that shall or may at any time hereafter deny, oppose or contradict the same, To save harmless and also save harmlesse the said F M his executors and administratours and every of them from all actions, suites, charges and troubles, that shall or may arise, be prosecuted or brought against the said parties by any other person or persons whatsoever concerning the premisses.
In witnesse, &c.
A Resignation or release from one used in trust of all the benefit hee might claim by vertue of any Covenants in the Indenture.
TO all Christian people to whom this present writing shal come, I I B of &c. send greeting: whereas by one Indenture bearing date the &c. made between R O of &c. of the one partie, and the said I B and E H of &c. on the other party. He the said R O for himself, his &c. and every of them did covenant and grant to and with me the said I B and the said E H our &c. That the said R O should and would within the space of &c. next ensuing the date of the same Indenture, convey and assure, or cause to be conveyed and assured, the said H O and E H daughter to R H. with whom the said R O was then to be espoused, and to the heires of their bodies lawfully begotten, lands, tenements and hereditaments of the full and cleer yearly value of 100 l. at the least. And if it should happen the said R O or some of them within one year next after the death, &c. should convey and assure to the said E H and the heirs of her body, begotten by the said R O. if the said E. shall be then living. And if the said E were then also dead, to the heirs of the body of the said R and E. lands, tenements and hereditaments of such full and cleer yearly value of three pounds at the least, aforesaid, as by the said Indenture and covenant therin contained (amongst divers other things) more at large appeareth. And for the performance therof, [Page 457] according to the said covenants the said R O by his obligation dated &c. became bound with sureties to us the said I B and E H in the sum of &c. as by the same bond may also appeare. In which said Indenture and bond the name of me the said I B was only used in trust for the benefit and behoofe of the said E H. Now therefore know ye, that I the said I B in the discharge of the trust in me reposed, and at the request of the said E H. have remised, released, surrendred, resigned and set over, and by these presents for me, my executors and administrators do freely and absolutely remise, Release of the trust. release, surrender, resign and set over unto the said E H his executors and assignes, all the state, right, title, interest, use, trust, benefit, priviledge and demand whatsoever which I the said I B have or may have or claim of, in or to any sum of money or other matter or thing whatsoever in the said Indenture, covenant and bond, contained, mentioned or expressed, or in any of them, so as neither I the said I B my executors or administrators or any of us at any time hereafter shall or will ask, claim, challenge or demand any interest, use, benefit, trust, priviledg or other thing in any matter whatsoever, by reason or means of the said indenture, or any covenant therein specified, or in or to the said bond, or any sum of mony therein mentioned; but thereof and therefrom, and from all actions, suits and demands which I my &c. may have concerning the same shall be utterly secluded and for ever debarred by these presents.
In witnesse, &c.
An Indenture for justifying of actions, upon setting over a statute.
THis INDENTƲRE made the &c. between R W &c. on the one part, and T S of &c. on the other part, Witnesseth, That whereas I H of &c. in and by one stat. of eight hundred pounds now appertaining to the said R W as executor of the last Will and Testament of the said &c. Now the said R W for divers good considerations him especially moving, hath given, granted, assigned and set over, and by these presents doth fully, cleerly and absolutely give, grant, assigne and set over unto the said T S his executors, administrators and assignes, as wel the said statute staple aforesaid, as also all the debt of &c. in the same statute mentioned or contained to the only proper use and behoof of the said T S his executors, administrators and assignes for ever. And further the said R W covenanteth &c. That he the said R W his heirs and executors and the administrators that hereafter shall happen to be of the goods, chattels and credits of him the said R W and every of them, at all times and from time to time hereafter upon request made, shall maintaine, justifie and allow all and everie such action and actions, writs, suits, bills, plaines, executions and demands whatsoever, as the said T S his executors or the administrators shall commence, purchase, pursue or make in the name or names of the said R W his executors, or the administrators that hereafter shall be of the goods, credits, chattels and debts of the said R W. or in the name or names of [Page 459] any of them, and that it shall be lawfull to the said T S his executors, admininistrators and assignes, and every of them, to take, receive, have, hold and enjoy for ever, to the only use of the said T S his heirs, executors, administrators and assignes all and every such sum and sums of mony, costs and damages, satisfactions, commodities, profits and advantages whatsoever, which shall be gotten, recovered, obtained or had by reason of any the actions, writs, bills, plaints, executions and demands aforesaid, or by reason or means of any of them, without any impediment, denial or contradiction of the said R W his &c. or the &c. that hereafter shal be of the goods, chattels or credits of the said R W or any of them.
In witnesse, &c.
An Indenture between the Scavengers and the Raker, for cleansing the streets.
THis INDENTƲRE made the &c. between R C S P and T R Citizens of L. Scavengers of and for the parish of &c. on the one part, and E D &c. on the other part, Witnesseth, That the said E D in consideration of the sum of &c. to him to be paid in such forme as hereafter in these presents is expressed, Consideration. covenanteth, promiseth and granteth for himself &c. in manner and forme following, That is to say, that hee the said E D his executors, To cleanse the streets three times in a week. administrators or assignes, shall and will at his and their owne proper costs and charges, cleanse and [Page 460] make clean, or cause to be cleansed or made cleane the said Parish of &c. and all the Streets, Lanes, Alleyes and other places whatsoever, within the said parish of &c. as the same hath beene heretofore used and accustomed to be cleansed and made cleane by any Carter or Raker in that behalfe appointed, from the Munday next after the feast of Epiphany, of our Lord God commonly called, Twelfth day, next ensuing the date hereof, until the Monday, next after the Epiphany of our Lord God, which shall be in the yeare &c. weekly, three times in every week weekly, to wit, on every Tuesday, Thursday and Saturdy in every week weekly, during the said term; and also at all other such times and dayes as the Lord Maior of the City of London, for the time being, the Alderman of the Ward, his Majesties privy Councel, or the Common Councel of the said City of London, or any of them shall appoint or command the same, and from thence shall carry away and convey all such Channel dirt, filth, seacole-ashes, sweeping of houses and lanes, streetes, alleyes and other places of and within the said parish of &c. unto some convenient Lay-stall, for the same to be provided by the said E D his &c. at his or their proper costs and charges (all rubbish and rushes as shall happen to be laid out of the parish-Church &c. during the said term only excepted.) And further, that he the said E D his &c. shall and will from time to time and at all times during the said term cleerly acquit, exonerate and discharge and save and keep harmless the said &c. and every of them respectively and their successors in the said office of Scavengers being, To save harmless the Scavengers. duri [...]g the said terme of &c. and from all and all manner of costs, charges, imprisonment, expences and [Page 461] dammages whatsoever by them or any of them to be had or sustained, or otherwise put into during the said Term, for or by reason of any negligence or default of the said E D his &c. in the premises or any part thereof. And they the said &c. do covenant (for payment of the mony at the daies agreed on &c.)
In witnesse &c.
A Condition to pay a summe of mony at two several payments.
THe Condition of this obligation is such, that if the [...]bove bounden I C his heires, executors, administrators or assignes or any of them, do well and truly pay or cause to be paid unto the above named R M his executors, administrators or assignes, at or in the now dwelling house of the said R M situate &c. the full sum of eight pound and twelve shillings of lawful mony &c. in manner and form following; That is to say, on the last day of May next ensuing 4 li. thereof, And on the &c. next &c. the other 4 li. and 12 s. thereof, being the full remainder of the said sum &c. without fraud or covin, That then this present obligation to be void and of none effect. But if default shall happen to be made in either of the payments aforesaid, contrary to the true intent and meaning of these presents, That then &c.
A Letter of Atturney to receive a debt, and give discharge.
KNow all men by these presents, that I E T of &c. Gentleman, have assigned, ordained and made, and in my stead and place by these presents put and constituted my trustie and welbeloved friend F M of &c. to be my true and lawful Atturnie, for me and in my name, and to my use to ask, sue for, levie, require, recover and receive of I W of &c. Esquire, all and every such debts and sums of mony, which are now due unto me, by any manner of waies or meanes whatsoever. Giving and granting unto my said Atturnie my whole power, strength [...]nd authority in and about the premises, and upon the receipt of any such debts or sums of mony aforesaid, acquittances or other discharges for and in my name, to make, seal and deliver, and all and every such act and acts, thing and things, devise and devises whatsoever in the Law, for the recovery of all or any such debts or sums of mony as aforesaid, for me and in my name to doe, execute and perform, as fully, largely and amply in every respect, to all intents, constructions and purposes, as I my selfe might or could do, if I were there in my own person present, ratifying, allowing and holding firm and stable all and whatsoever my said Atturnie shall lawfully doe, or cause to be done, in or about the execution of the premises, by vertue of these presents.
In witnesse &c.
A Letter of Atturnie General, for the receiving of Rent, and monies due from time to time.
KNow all men by these presents, that I A W of &c. Esquire, have assigned, ordained and made, and in my stead and place put and constituted my trusty and welbeloved friend H H of &c. to be my true and lawful Atturnie, for me in my name and to my use to ask, sue for, levie, require, recover and receive of all and every person and persons whatsoever, all and every such debts, rents and sums of mony as are now due unto me, or which at any day or daies, time or times hereafter shall be due, owing, belonging or appertaining unto me by any manner of waies or meanes whatsoever, giving and granting unto my said Atturnie, by the tenor of these presents, my full and whole power, strength and authority, in and about the premises, and upon the receipt of any such debts, rents and sums of mony aforesaid, Acquittances or other discharges for me and in my name, to make, seal and deliver, and all and every other act and acts, thing and things, devise and devises in the law whatsoever, needful and necessary to be done, in and about the premises, for the recovery of any such debts, rents and sums of mony, as aforesaid, for me and in my name, to doe execute and performe, as fully, largely and amply in every respect to all intents, constructions and purposes, as I my self might, or could doe, if I were personally present, ratefying, allowing and holding firm and stable all and whatsoever my said Atturnie shall lawfully doe or cause &c. ut antea. In witnesse &c.
A Generall release.
KNow all men by these presents, that I A G of &c. Gent. have remised, released and for ever quit claimed, and by these presents do for me my &c and every of us, clearly and absolutey remise, release and for ever quit claim unto G C of &c. Gentleman, his &c. all and all manner of actions, cause and causes of actions, suits, quarrles, debts, duties, bonds, bills, writings obligatorie, reckonings, accompts and demands whatsoever, which against the said G C ever I have had, now have, or which I, my executors &c. or any of us at any time hereafter shall or may have, for or by reason or meanes of any matter, cause or thing whatsoever, from the beginning of the world until the day of the date of these presents.
In witnesse &c.
A short Letter of Atturnie to receive mony due upon Bond.
KNow all men by these presents that I T A of &c. have assigned, ordained and made, and in my stead and place by these presents put and constituted my trusty and welbeloved friend I B of &c. my true and lawful Atturnie, for me, in my stead and name, and to the use and behoof of him the said I B to ask, recover and receive of W S of &c. G T [Page 465] of &c. and L M of &c. the sum of &c. due unto me for non-payment of the sum of &c. of like mony. One the 20 th day of &c. last past before the date of these presents, as by one obligation, with condition thereunder written bearing date &c. In the yeare &c. more plainly appeareth. Giving, and by these presents granting unto my said Atturnie my full power, and lawful authoritie in the premises, to doe, say, perform, conclude and finish, for me and in my name as aforesaid, All and every such act and acts, thing and things, devise and devises in the law whatsoever for the recovery of all the debts aforesaid, as fully, largely and amplie in every respect as I my self might or could do, if I were personally present. And upon the receipt thereof, acquittances or other discharges for me and in my name, to make, seale and deliver, Ratifying, allowing and holding firm and stable all and whatsoever my said Atturnie shall lawfully do or cause to be done, in or about the execution of the premises by vertue of these presents.
In witnesse whereof &c.
A Form of an award.
TO all Christian people to whom this present writing shall come T M of &c. sendeth Greeting. &c. whereas divers controversies and debates heretofore have been had, moved, and yet are depending between H D &c. of the one partie, and L O &c. of the other party; for the appealing and determining whereof the said parties have submitted themselves and are become bound each of them to other by their [Page 466] severall obligations dated &c. in the summe of &c. with conditions upon the same obligations indorsed, for the performance of all and everie the Award, arbitrament, determination and judgement of me the said T M Umpier, indifferently elected and chosen, as well on the part and behalf of the said H D as on the part &c. to award, arbitrate, determine and judge of, and concerning all and all manner of actions, suits, judgments, executions, strifes, variances, quarrels, controversies and demands whatsoever, had, made, moved, stirred or depending between the said H D on the one part, and the said L O on the other part, from the beginning of the world until the day of the date of these presents: So alwaies, as the said Award &c. of me the said Umpier, for and concerning the premises, be made and put in writing Indented under my hand and Seal, on, or before the &c. as by the said several obligations and their several conditions, more plainly appeareth. Now know ye, that I the said T M Umpier, as aforesaid, taking upon me the Charge of the said Award, and arbitrament, and having heard and viewed the sayings and allegations of either of the said parties, concerning the premises, and minding to set an unity and friendship concerning the same, doe thereupon make and put in writing this mine Award, arbitrament, determination and judgement between the said parties for and concerning the premises in manner and form following; That is to say, first I doe Award, arbitrate, determine and judge by these presents, That the said H D his executors, administrators or assignes shall well and truly pay &c. And I the said Umpier do also Award &c. that he the said H L shal on the &c. at the Shop of &c. Seal, and as his absolute deed deliver to the said L O or to his use, a release, acquittance and discharge of and for all and all manner [Page 467] of actions, suits, judgments &c. from the beginning of the World until the day of the date hereof.
In witnesse &c.
A Lease made in consideration of the Surrender of a former Lease, for a longer time, if three live so long, with good Covenants.
THis INDENTURE made the &c. Between I B of &c. and I D of &c. on the one party, and T W of &c. on the other party, Witnesseth, That the said I B. C D and I D. as well for and in consideration of the surrender of one former Lease dated the &c. made from the said I B. C D. and I D to H VV Brother to the said T W. as also in consideration of the sum of &c. to the said I B in hand paid before the ensealing and delivery of these presents by the said T W, his Executors &c. Have demised, granted and to farm letten, and by these presents do demise, grant and to farm let unto the said T W all those two messuages or tenements with the appurtenances, and three Yard land to the same belonging, situate, lying and being in the Parish of &c. late in the several tenures of the said H W deceased, and A P Widow, and now in the occupation of the said T W and the aforesaid A P. Together with the lopps, tops, shreds of all the hedg-rowes and hedges growing in and upon 11 hads of land in a field called Arzons field, in a furlong called B furlong: And also the lopps and topps of one hedg growing in and upon a Close called H Close, from the gate of the lands fide there, unto Garsington field: And together likewise with Common of Pasture for 12 kine, and 120 [Page 468] Sheep in the commons and fields of D aforesaid. And all other fields, pastures, lands, meadows, feedings and grounds whatsoever with the appurtenances of them the said I B. C D. and I D. which late were in the occupation of them the said I B. H B and A P. or either of them in D aforesaid, and together also with all houses, edifices, buildings, barnes, stables, orchards, gardens, back-sides, courts, wayes, easements, profits, commodities and advantages whatsoever to the said two messuages and other the premises belonging or appertaining (except and alwaies reserved out of this demise and grant, the bodies of all trees of Oake, Ash and Elm now growing, or which hereafter shall grow and be in and upon the premises, or in and upon any part or parcel therereof; And also except one barne, called the great barne, and the yard wherein the same standeth, which late were in the possession or occupation of G B.) To have and to hold the said two messuages or tenements, three Yard land, houses, buildings, barnes, stables, orchards, gardens and all other the premises with their appurtenances, before by these presents demised or mentioned to be demised, and every part and parcel thereof (except before excepted) unto the said T W his &c. from the feast day of &c. before the date of &c. unto the full end and term of &c. from thence next ensuing and fully to be compleat and ended, if T W Son of the said T W party to these presents, G W and A W or any of them shall so long live. Yeilding and paying therefore yearely during the said term, unto the said I B his &c. the sum of &c. at two most usual feasts or terms in the yeare; That is to say, At the feast of the Nativity of S. &c. by even and equal portions. And if it shall happen the said yearely rent of &c. to be behind and unpaid, in part or in all after either of the said feasts, in any yeare during the said term, in [Page 469] which the same ought to be paid by the space of 28 daies being lawfully demanded, and no sufficient distresse to be had or found in or upon the demised premises, that then and at all times afterwards it shall and may bee lawfull, to and for the said I B his Heires and Assignes and every of them, into all and singular the said demised premises and every part thereof wholly to re-enter, and the same to have againe and enjoy, as in his and their former estate; And the said T W his &c. from thence utterly to expel and put out: this Indenture or any thing before specified to the contrary notwithstanding. And further &c. that he the said T W partie to these presents his &c. shall and will from time to time and at all times hereafter during the continuance of this present lease, For Reparations. at his and their own proper costs and charges well and sufficiently repair, uphold, sustaine, maintaine and keep the said messuage or tenement and all other the said demised premises, in good and sufficient reparations, and the same so being well and sufficiently repaired, upholden and kept, in the end of the said term, or other sooner determination of this Lease, shall leave and yeild up unto the said I B his heires or assignes, the said T W from time to time having, and taking by the assignment and appointment of the said I B his heires or assignes sufficient Timber upon the said demised premises, for the reparations of the same, if any such Timber be there to be had, otherwise the said Timber to be found and reparations done as aforesaid at the proper provision and charges of the said T W partie to these presents, his executors or assignes, And that neither the said T W his executors or assignes, or his and their under-Tenants shall commit or doe any wast, or strip any trees, hedges, [Page 470] quicksets, mounds or fences upon the premises. And the said I B for himselfe &c. That the two messuages or Tenements, three Yard land, and all other the fore demised premises, with the appurtenances, That the premises be discharged of incumbrances. and every part and parcel thereof now are, and be, and so from henceforth during the continuance of this present Lease shall be and continue clearly acquitted, exonorated and discharged, of and from all and all manner of former bargaines, sales, gifts, grants, joyntures, dowers, leases, annuities, rents, arrearages of rents, statute merchant and of the staple, recognizances, judgments, executions, wills, entailes, legacies, titles, troubles and incumbrances whatsoever, had, made, committed, suffered or done, or to be made, had &c. by the said I B. by the said G B deceased his Father, I B his Grandfather, and R B his Uncle, or by any of their heires &c. or by any other person, or through their or any of their meanes, act, title, consent or procurement (One lease heretofore made by the said G B of one messuage or tenement, and other things parcel of the premises before by these presents demised unto the said A P for and during the naturall life of the said A P. whereupon the yearely rent of &c. is reserved and shall be from henceforth during the continuance of the same lease due and payable unto the said T W partie to these presents, his executors, administrators and assignes onely excepted and foreprised.) And further the said I B for hinself his heirs, To exchange a life within ten yeares. executors and administrators doth covenant &c. that if at any time hereafter during the space of Tenne yeares next ensuing the date of [Page 471] these presents, the said T W or his assignes shall be minded to exchange and put in one other life in the stead and place of any of them, the said T W the son, G. and A W. the partie put out being then living, that then within three weeks next after request in that behalf made, and payment of &c. to the said I B in consideration thereof, he the said I B his heires or assignes shall and will at the costs and charges of the said T W. partie to these presents, his executors or assignes, make, seale and deliver in due form of law, unto the said T W partie to these presents, his executors and assignes, one other good and sufficient lease for the residue of the said terme which shall be then to come (if any two of the persons before named, and such other persons as shall be then nominated and put in shall so long live, and under the like rents, covenants and conditions as in these presents is expressed (mutat. mutand.) And further, that the said T W partie to these presents, his executors, administrators and assignes, For quiet enjoying. and every of them under the rents and covenants herein before mentioned, shall or may peaceably and quietly have, hold, possesse and enjoy the said two messuages or tenements, three yard land, and all other the fore-demised premisses with the appurtenances, and every part thereof during the whole term hereby granted (if the said T W the son, G VV. and A VV or such other person as shal be herafter named with two of them, in the stead and place of any of them so dying or exchanged, shall so long live) without the lawful let, trouble, eviction, expulsion or contradiction of the said I B his &c. or of the &c. of the said G B deceased, or of any other person or persons whatsoever (except only the said A B for her lease before mentioned.)
That the premises are discharged of Incumbrances.And the said C D and I D for themselvs & either of them severally and respectively, and not the one for the others, nor the others act, & for their several &c. do covenant, promise and grant to and with the said T VV partie to these presents, his &c. That hee the said T VV his &c. and every of them shall and may according to the tenor and true meaning of these presents peaceably and quietly have, hold and enjoy all the said demised premisses with the appurtenances, and every part thereof free and cleer, freely and cleerly acquitted and discharged of and from all and all manner of former bargaines, sales, gifts, grants, leases, joyntures, dowers, uses, wills, intailes, statutes, recognizances, judgments, extents, executions, and from all other estates, titles, troubles and incumbrances whatsoever had, made, committed, suffered or done by them the said C B and I D or either of them, or by any other person or persons by their or either of their means, act, title or procurement. And lastly, the said I B for himself &c. That he the said I B his heires and assignes and every of them, shall and will at all times hereafter, and from time to time upon request made, For further assurance. and at the costs and charges in the law of the said T VV party to these presents, his executors or assignes, or some of them, make, do and execute or cause to be made, done and executed all and every such further and other reasonable act and acts, thing and things whatsoever for the further & better assurance, surety, more sure making and conveying of the said demised premisses with the appurtenances and every part thereof unto the said T VV party to these presents, his &c. during the term aforesaid, and in such manner [Page 473] and forme upon such rents, covenants and conditions as is before herein mentioned according to the effect and true meaning of these presents, as by the said T VV his &c. or by his or their councel learned in the law shal be reasonably devised or advised and required.
In witnesse, &c.
A grant of an extent penned by Mr. Tho. Bromely then Solicitor.
THis INDENTURE made the &c. betweene I D of &c. and VV D of &c. on the one part, and T P and T O of &c. on the other part, Witnesseth, That whereas the right Honorable E Lord S. by the name of E S Esq by one recognizance bearing date &c. taken, knowledged and sealed before Sir R D Knight, Lord chief Justice of England, according to the forme of the statute for the recovery of debts in that case provided, standeth bound to the said I D in the sum of &c. payable &c. as by the same recognizance &c. And where also the said I D hath extended and to him delivered in execution the Manor of N. with the appurtenances in the County of &c. at the yearly rent of &c. for non-payment of the said sum of &c. Now the said I D for divers good causes and considerations him hereunto especially moving, hath granted, assigned and set over unto the said W D. T B. G B. and T O all his estate, right, title, interest and demand which he hath by reason of the said extent, of, in and to the Manor of N. with the appurtenances; and of, in, and to every part and parcel thereof; and of, in and to all and singular messuages, lands, tenements, meadows, [Page 474] leasowes, pastures, rents, reversions, services and hereditaments, with the appurtenances so extended and delivered in execution as aforesaid, and the said I D for himself &c. That hee the said I D his executors; administrators or assignes at any time or times hereafter shall not do any act or acts, thing or things whereby the said extent and extents, or the estate, title or interest of the said W D &c. or any of them, or of the executors or administrators or assignes of them, or any of them by reason of the same extent, may be in any wise hurt, hindred, impeached, discharged, undone or made void. And further, that he the said I D his heires, executors and administrators, shall and will at the reasonable request, costs and charges in the law of the said W D or any of them, do and suffer to be done, made & acknowledged all and every such lawful and reasonable act & acts, thing and things, devise and devises in the law whatsoever for the further assurance, surety, sure making and conveying of the premisses for and during all the term and time of the said extent and execution, unto the said W T. B. G B. and T O. as by the learned councel of them, or any of them shall be reasonably devised or advised and required.
In witnesse, &c.
The copy of a recognizance taken by a Justice of Peace, for the appearance of certain persons at the Sessions.
BE it remembred, that the twentieth day of &c. T D of &c. came before me T S Esq one of the Justices of the peace of our said Lord the King in the [Page 475] said County assigned to keep &c. and did acknowledg himself to owe to our said Lord the King 40 l. of lawfull &c. to be made and leavyed of his goods, chattels, lands and tenements, to the use and behoof of our said Lo. the K. And W & R F of &c. likewise came and undertook for the said T D each of them in the penalty of 20 l. of their goods, chattels, lands and tenements also to be raised and leavied to the use and behoof of our said Lo. the King, if the said T D shall make default in the condition ensuing &c.
The condition &c. That if the above bounden TD do be, and personably appear before his Majesties Justices of the Peace and general Gaol delivery to be holden within the said Countie, then and there to answer such matters, as on his Majesties part and behalfe shall be objected against him touching the suspition of the felonious stealing of a gray Mare of the goods and chattels of a man unknown, and not depart thence without the licence of the Court. That then &c.
A surrender of the captainship of a Castle.
KNow all men, Me. P T &c. to have surrendred to our most excellent Prince and Lord James, by the grace of God &c. the office of keeping and captainship of the Castle of C in the County of S. and the office of keeping of the waters of C and P in the said Countie, and the vails and fees of two shillings of lawfull &c. by the day for the execution of the said office, and all other things which our said Lord the King by his Letters Patents dated at Westm. &c. in the yeare of his Reigne &c. hath [Page 476] granted unto mee, as fully and wholly as they were all granted to me: with this intention neverthelesse, that our said Lord the King by his other Letters patents would vouchsafe to grant all and singular the premisses unto R B of &c. for the term of his life.
In witnesse, &c.
An assignment of a bond for performance of Covenants.
TO all Christian people &c. I I of &c. sends greeting &c. Whereas R D of &c. by his obligation bearing date &c. became bound unto the said I I in the summe of &c. conditioned for performance of covenants, contained in one pair of indentures of bargain and sale of the Inn called the K. in C. in the &c. with certaine lands thereunto belonging, which Inne and premisses are now by the said I I bargained and sold unto M W of &c. his &c. Now the said I I for the better enjoying of the said Inne and other the lands and tenements therunto belonging, hath as much as in him is, assigned and set over, and by these presents doth fully, cleerly and absolutely assigne and set over unto the aforesaid M W his heires, executors and assignes, the said recited obligation, and all sum and sums of mony therein mentioned, and the benefit and advantage to bee thereof had and made.
And the said I I for himself &c. That hee the said M W his &c. shall and may in lawfull manner, at his and their costs and charges in all things from time to time, and at all times hereafter, sue for, leavy, [Page 477] recover and enjoy all summ and summes of money, benefit and advantage whatsoever which shall or may be gotten by vertue, force or means of the said recited Obligation in the name of the said I I. his executors or administrators, without any manner of non-suit, release, trouble, denyall or interruption of the said I I. his executors or administrators, unlesse it be by consent of the said M VV his heirs or assigns in writing first had and obtained. And the said M VV. for himself &c. doth covenant &c. That he the said M VV. his executors or administrators shall and will from time to time and at all times hereafter, save and keep harmlesse the said I I his executors and administrators and every of them, of and from all and all manner of costs and charges to arise by means of any suit upon or by reason of the same Obligation.
In witnesse &c.
A Release of an annuity.
TO all Christian people &c. We N B and A B of &c. send greeting. Whereas Sir J B of &c. by his Deed [...]indented bearing date &c. for the considerations therein mentioned did give and grant unto W L and R P of &c. one Annuitie or yearly rent of &c. to be issuing and going out of all and singular the Mannors, Messuages, Lands and Tenements called H and L. within the parish of &c. and out of all the Lands, Tenements and Hereditaments with the appurtenances in H and L. within the said parish of &c. in the said Countie of &c. To have, hold, perceive and enjoy all the said [Page 478] Annuitie or yearly rent of &c. to the said VV L. and R P. their executors and assignes, for and during the naturall life of the said A B. The said Annuitie or yearly rent of &c. to be payable and paid to the said VV and R. their executors or assignes during the life of the said A. at two Feasts in the year, viz. at the Feast of &c. At or in the &c. as by the same Deed indented thereof made, more at large it doth and may appear: sithence which time the said VV L is dead, and the said R P him survived. And whereas also the said R P by his Deed indented bearing date &c. for the considerations therein mentioned, did demise, grant, bargain and sell unto the said N B. his executors and assignes, the said Annuitie or yearly rent of &c. and every part thereof; To have and to hold unto the said N B. his executors and assignes, from &c. and immediately ensuing, and fully to be compleat and ended, if the aforesaid A B should so long live; as in and by the said Deed last mentioned more fully and at large it doth and may appeare. Now know ye, That we the said N B and A B. for and in consideration of a certain competent sum of lawfull money of England to us in hand paid at and before the ensealing &c. by G S. and R G of &c. Esquire; Consideration. whereof and wherewith &c. Have remised, released, and quit claimed, and by these presents for us and either of us, our and either of our executors and assignes, and every of us, doe fully, clearly and absolutely remise, release, and for ever quit claim unto the said G S and R G. their heires and assignes and every of them, in their, or some, or one of their full and peaceable possession being, as well the said Annuitie or yearely rent of &c. before mentioned, and [Page 479] every part and parcel thereof, and all rents, arrerages of rents, penalties, forfeitures, (nomine poenae) and distresses whatsoever at any time or times heretofore due or forfeited, by reason of the non-payment of the said annuity or yearly rent of &c. or of any part or parcel thereof, as also all the estate, right, title, interest, property, terme and terms of life, lives and years, reversion, claime and demand whatsoever, which wee the said N B and A B or either of us, our, or either of our executors or assignes, now may, might have or claime of, in and to the said annuity or yearly rent of &c. above mentioned, or any part thereof by force and vertue of the said several deedes indented, above recited or mentioned or either of them, or otherwise howsoever: To have and to hold the said annuity or yearly rent of &c. estate, right, title, interest and all other the before mentioned premisses with the appurtenances, and every part and parcel thereof unto the said G S and R G their heirs and assigns for ever, so as neither we the said N B and A B or either of our executors or assigns, or any of us shall or will at any time hereafter ask, claim, challenge or demand any estate, right, title, interest in or to the said annuity or yearly rent of &c. or any part thereof. But thereof and there-from, and from all actions, suits, titles and demands concerning the same, shall be utterly secluded, and for ever debarred by these presents.
In witnesse, &c.
A short lease of certain Tythes, to commence immediately after the expiration or determination of a lease in being.
THis INDENTƲRE made the &c. between Sir E S of &c. on the one part, and M D of &c. on the other part, witnesseth, That the said Sir E S for divers good causes and considerations him moving, and especially for the good opinion he hath, and conceiveth of the said M D. hath demised, granted, Grant. betaken and to farm letten, and by these presents doth &c. unto the said M D and his assignes, all the tythes of corne, grain and hey yearely coming, renewing and growing within the township of &c. within the Lordship or &c. in the County of G. and now held by E L of &c. by force and vertue of a lease thereof granted by the right Honourable the Earl of D. deceased, To have and to hold, perceive, take and enjoy all the said tythes of corn, Habend. grain and hey unto the said M D and his assignes immediately from and after the expiration, surrender, forfeiture or other determination of the said lease thereof granted by the late E of D as aforesaid, unto the full end and term of one and twenty yeares from thenceforth next ensuing, and fully to be compleat and ended, and that in as large and ample manner as the said E L now hath and enjoyeth the same, yeilding and paying therefore yearly, during the said term unto the said Sir E S his &c. the sum [Page 481] of &c. at the feast of &c. at one whole entire payment. And if it shall happen the said yearely rent of &c. to bee behind and unpaid in part, or in all by the space of &c. next following the said feasts (being lawfully demanded) that then for every such default, A nomine paenae for non payment of the rent. the said M D or his assigns shall forfeit and pay unto the said Sir E S his &c. the sum of &c. over and besides such arterages, as then shall happen to be behind and unpaid. And the said Sir E S. for him, his heirs, executours and administrators, doth Covenant &c. that he the said M D his executors and assigns shall and may at all time and times from and after the expiration of the lease aforesaid, during the said term hereby granted, peaceably and quietly have, hold, occupie, possesse and enjoy all the said tythes of corne, graine and hey, paying the rent before reserved, without any manner of lawfull let, eviction, disturbance or contradiction of the said Sir E S. his &c. or any other person or persons, by his or their means, consent or procurement.
In witnesse, &c.
A deed of gift in English.
TO all people, to whom this present writing shall come, I A B of &c. send greeting &c. Know ye, that I the said A B. for and in consideration of the sum of &c. which I the said A B do owe and am indebted unto T S &c. have given, granted and sold, and by these presents do fully, cleerly and absolutely [Page 482] give, grant, bargain, sell and confirm unto the said T S all and singular such my goods, chattels and implements of houshold and commodities whatsoever that are contained and specified in a certaine schedule hereunto annexed; To have and to hold all and singular the said goods, chattels, implements of houshold and commodities whatsoever, as aforesaid, to the aforesaid T S his executors, administrators and assigns, to his and their owne proper uses and behoofes for ever, thereof and therewith to do, use and dispose at his and their will and pleasure; as of his and their own proper goods and chattels, without any manner of challenge, claime and demand of mee the said A B or of any other person or persons, for me, in my name, by my cause, means, consent or procurement. And further, know ye, that I the said A B have put the said T S in full possession of all and singular the aforesaid premisses by the delivery unto him (at the ensealing hereof) one go [...]ei of silver in name of all the said goods.
In witnesse &c.
Another deed of gift.
TO all people &c. I B C &c. send greeting. Know yee, that I the said B C. as well for and in consideration of the natural zeale, and brotherly love which I have and do bear unto my well beloved brother P C of &c. as also for divers other good causes and considerations me at this present especially moving, have given and granted, and by these presents do give, grant and confirm unto the said [Page 483] P C all and singular my goods, chattels, leases, debts, ready mony, plate, jewels, rings, houshold-stuffe, apparel, utensills, brasse, pewter, bedding, and all other my substance whatsoever, moveable and immoveable, quick and dead, of what kind, nature, quality or condition soever the same are or be, in what place or places soever the same be or shall or may be found, as well in my own custodie or possession as in the possession, hands, power and custodie of any other person or persons whatsoever. To have and to hold all and singular the said goods, chattels, leases, debts, Habend. and all other the aforesaid premisses, unto the said P C his executors, administrators and assignes, to his and their own proper uses and behoofs for ever, freely and quietly, without any manner of challenge, claim or demand of me the said B C or of any other person or persons whatsoever, for me, in my name, by my cause, means or procurement, and without any mony or other thing therfore to be yeilded, paid or done unto me the said B C my &c. And I the said B C all and singular the aforesaid goods, Warrant. chattels and premisses to the said P C his executors, administrators and assignes, to the use aforesaid, against all people, shall and will warrant, and for ever defend by these presents. And further know yee, that I the said B C have put the said P C in quiet and peaceable possession of all and singular the aforesaid premises, by the delivery unto him at the ensealing hereof, Possession. one coyned piece of silver, commmonly called two-pence, f [...]ied on the seale of these presents.
In witnesse, &c.
A deed of gift.
TO all Christian people to whom this present writing shall come, I C of &c. greeting in our Lord God everlasting. Know ye, me the said J C for my especial natural favour which I bear toward W C my beloved son, and for divers other good causes and considerations me to these presents espeally moving, to have given and granted, and by this my present writing to give and grant unto the aforesaid W C all and singular my goods and chattels whatsoever, moveable and immoveable, as well living as dead, of what kind, condition or nature soever they be, and wheresoever they shall or may be found, as well in my own proper possession, as in the possession, power, hands or custody of any other person or persons, which for the present are, or for the time to come shall happen to be; together with all and singular debts, and sum or sums of money which are detained from, or owing to me, from any person or persons, or at any time hereafter shall happen to be detained from, or owing to me. To have and to hold all and singular the goods, chattels and debts to the said W C his executors and assigns freely and quietly for ever, without any challenge, claim or demand, or any accompt in any manner to be given, paid or made to me the said J C. And I the said J C all and singular the goods, chattels and debts to the foresaid W C his &c. and to his use and behoof aforesaid, against all sorts of people wil warrant, and for ever by these presents defend.
In witnesse, &c.
A Release of Dower.
TO all people to whom this present writing shall come, Dame Dorothie Williams, late the Wife of Sir David VVilliams Knight, deceased, one of his Highnesses Justices of his Pleas, before his Highnesse to be holden, assigned, sendeth Greeting &c. Know ye, that the said Dame Dorothie W for and in consideration of the performance of a former agreement had, Consideration. and made between the said Dame Dorothie W and the said Sir D D her late husband before this enter-marriage, hath remised, released and for ever quit claimed, and by these presents doth clearly and absolutely remise, release and for ever quit claim unto Sir H W Knight, T W and R W Sons of the said Sir D W. and to every of them, all and all manner of Dower, and right and title of Dower whatsoever which she the said Dame Dorothie VV now hath, may, might, should or of right ought to have or claim, of, in or out of all and every the Manors, messuages, lands, tenements and hereditaments whatsoever which were the said Sir D VV's at any time during the Coverture between him and the said Dame Dorothie, situate and being in the County of &c. or in any or every of them, and all and all manner of actions, and writs of Dower whatsoever, so as neither she the said Dame Dorothie VV or any other for her, or in her name, any manner of Dower or writ, or action of Dower, nor any manner of right or title of dower of or in the said Manors, lands, tenements and hereditaments, nor of or in any part or parcel thereof, at any time hereafter shall or [Page 486] may have or claim, or prosecute against the said Sir H VV. T VV and R VV. nor any of them, their nor any of their &c. but of and from the same shall be utterly debarred and for ever excluded by these presents.
In witnesse, &c.
A Release from one that hath lost his Articles of agreement.
BEe it known unto all men by these presents, that I E VV of &c. have remised, released and quit claimed, and by these presents do for me, my heires, executors, administrators and assignes, and every of us fully, clearly and absolutely, remise, release and for ever quit claim unto J O of &c. all and all manner of accounts, suits, plaints, pleas, process and demands whatsoever which against the said I O I ever had, now have, or at any time hereafter shall or may have by reason or meanes of any grant, covenant, contract, promise, bargain, clause, sentence or thing mentioned, conteined, expressed or declared, in, or by certaine Articles of Agreement Indented bearing date &c. made between the said I O on the one party, and me the said I E on the other partie, touching or concerning the procuring of the lease of a field, or parcel of ground, arable, meadow or pasture, called the &c. of the yearly rent of &c. lying &c. which said Lease I do hereby acknowledg is procured and passed by the said I O according to my mind and desire: And of and from all bonds, hills, and writings obligatorie, and all and every penaltie, sums of mony in them, or any of them mentioned or contained, wherein, or whereby the said I O is, and [Page 487] standeth bound unto me, for the performance of the covenants, grants, articles and agreements in the said Articles mentioned or conteined.
In witnesse &c.
A Form or preamble of a Will.
IN the name of God, Amen. The tenth day of &c. I A B &c. sick in body, but of good and perfect Memory, thanks be to Almighty God, and calling to remembrance the uncertain estate of this transitory life, and that all flesh must yeild unto death, when it shall please God to call, Doe make, constitute, ordaine and declare this my last Will and Testament, in manner and form following, revoaking and adnulling by these presents, all and every Testament and Testaments, Will and Wills heretofore by me made and declared, either by word or by writing; And this to be taken only for my last Will and Testament, and none other. And First, being penitent and sorry from the bottome of my heart for my sins past, most humbly desiring forgivenesse for the same; I give and commit my Soul unto Almighty God, my Saviour and Redeemer, in whom, and by the Merits of Jesus Christ, I trust and believe assuredly to be saved, and to have full remission and forgivenesse of all my sins, and that my soul with my body at the general day of Resurrection, shall rise againe with joy, and through the Merits of Christs death and passion, possesse and inherit the Kingdome of heaven, prepared for his elect and chosen; and my body to be buried in such place where it shall please my executors hereafter named, to appoint. And now [Page 488] for the setling of my Temporal estate, and such goods, chattels and debts as it hath pleased God, farre above my deserts to bestow upon me; I doe order, give and dispose the same, in manner and form following: That is to say, First, I will, that all those debts and duties that I owe in right or conscience to any manner of person or persons whatsoever, shall be well and truly contented and paid, or ordained to be paid by my executors hereafter named, within convenient time after my decease. Item, I give and bequeath &c.
In witnesse &c
An assurance of a Joynture to the Wife, with remainders in taile.
THis INDENTURE made &c. Between H Ʋ of &c. on the one party; and L L. &c. G L. &c. on the other partie; Witnesseth, that as well for and in consideration of a Marriage had and solemnezed between the said H U and A now wife of the said H U. and Sister of the said H L and G. as also for the great good will, love and affection which the said H hath and beareth to the said A his Wife, and to the intent that the messuages, lands and tenements hereafter in these presents expressed, mentioned and declared, may come, descend and remaine unto the heires of the bodies of the said H Ʋ and A between them lawfully begotten (if any such shall be.) It is covenanted, granted, condescended, concluded and fully agreed by and between the said parties to these [Page 489] presents in manner and form following; And the said H U. for the considerations aforesaid doth covenant, promise and grant for himself &c. To and with the said L L and G L their &c. by these presents, That he the said H U his heires and assignes for ever, and all and every other person and persons whatsoeever, shall stand and be seized of and in all and singular those his messuages, lands, tenements, meadows, leasows, pastures and hereditaments whatsoever, with all and singular their appurtenances in the Parish-Town and field of C aforesaid, in the said &c. which late were parcel of the possessions of the late dissolved Monastery of &c. and now be, or of late were in the several Tenures or occupations of &c. and their assignes, and of and in the reversion or reversions of the premises, and every part and parcel thereof, to the uses, purposes and intents hereafter in these presents expressed and limited, and to none other purpose and intent: That is to say, to the use and behoof of the said H U for the term of his natural life, without impeachment of wast, and after his decease, to the use and behoof of the said A U now Wife of the said H U for the term of her natural life; and after the decease of them the said H and A his Wife, Then to the use and behoof of &c. between them lawfully begotten, as the said H by his last Will and Testament or other writing to be signed and subscribed by the said A in her life-time shall limit nominate and appoint, and to the use of the heires of his body lawfully begotten: and for &c. to the use of the right heires of the said H for ever: and if no such limitation, nomination or appointment shal be made by the said A in her life-time, then to the use of the heires of the bodies of the said H and A between them lawfully begotten; And for &c. to the use of the right heirs of the said H for ever. And further the said H U [Page 490] for himselfe &c. doth covenant &c. to and with the said L L and G L their heires &c. that he the said H V his heirs and assignes shall and will permit and suffer the said H V and all and every other person and persons, to whom the said messuage, lands, tenements and other the premises, or any part or parcel thereof shall happen to come, or of right ought to come, by reason of these presents, peaceably and quietly to have, hold, occupie and enjoy all and singular the said messuages, lands, tenements and hereditaments before by these presents expressed and mentioned, without any manner of let, trouble, eviction, disturbance, suit, vexation, or expulsion of the said H V his heires or assignes, or any other person or persons whatsoever, lawfully having, claiming or pretending to have any estate or title from, by or under the said H V his heires or assignes, according to the intents, form and true meaning of these presents.
In witnesse, &c.
A Lease of a Farm-house, and certaine Lands with necessary covenants.
THis INDENTURE made &c. Between C B of &c. on the one party; and T W of &c. on [Page 491] the other partie, Witnesseth, that the said C B for sundry good considerations, him to these presents especially moving, hath demised, Consideration. granted and to farm let unto the said T W his executors, administrators and assignes, All that his messuage, tenement or Farm-house called W with the appurtenances, and all houses, edifices, buildings, barns, stables, orchards, gardens, lands, tenements, meadows, feedings, profits and commodities whatsoever to the said messuage, tenement or farm-house now belonging or appertaining, and being now in the tenure or occupation of the said T W or of his assignee or assignes, situate, lying and being in the Parish of &c. (except and alwaies reserved unto the said C B his &c. All and all manner of woods, under-woods, Exception. hedg-rows and Timber-trees now standing, growing and being, or which hereafter shall stand, grow or be in and upon the demised premises, or in and upon any part or parcel thereof: And alwaies excepted, and alwaies reserved unto the said C B, his &c. by the space, and for the term of one whole yeare, next before the end and expiration of the term of seven yeares, and one half year hereunder granted, the said messuage, tenement or Farm-house, and one Close, or parcel of ground called W. conteining &c. be it more or lesse: Together with free libertie of ingresse, egresse and regresse, abiding and dwelling, into, out of, from and upon the said messuage, tenement and Farm-house, and one Close called B. by and during the said space and term of &c.) next before the end and expiration of the said Term of &c. To have and to hold the said Messuage, Habendum. Tenement or Farm-house, houses, edifices, [Page 492] Buildings; Barns, Stables, Orchards, Lands, Meadows, Feedings, Pastures and other the demised premises, and every part and parcel therof (except before excepted) unto the said T W. his executors, administrators and assignes, from the feast day of &c. for and during the term of &c. and fully to be compleat and ended. Yeilding and paying therefore yearely during the said term unto the said C B his executors and assignes the rent of &c. at four Feasts or Terms in the yeare most usual, That is to say, Reddendum. At &c. by even and equal portions: And if it shall happen the said yearely rent of &c. or any part or parcel thereof to be behind and unpaid, by the space of &c. next over or after any of the said Feast-daies, in which the same ought to be paid, being lawfully demanded, That then and from thenceforth, Re-entry for non payment. and at all times after it shall and may be lawful to and for the said C B his executors, administrators and assignes into the said messuage, tenement or Farm-house, houses, edifices, lands, meadows, pastures and all the demised premises, with the appurtenances, and into every part and parcel thereof wholly to re-enter, and the same to have againe, repossede and enjoy, as in his and their former estate; and the said T W. his executors, administrators and assignes and all other the Tenants and occupiers of the said demised premises or any part or parcel thereof, thereout and from thence utterly to expel; a move and put out, this Indenture or any thing therein contained in any wise notwithstanding. And the said T W for himself doth covenant &c. in manner and form follwing, For reparations, hedging, ditching and fencing. that is to say, that he the said TW his &c. at [Page 493] his and their own proper costs and charges, shall and will from time to time, and at all times hereafter, during the said term of &c. by these presents granted, when, and as often as need shall require, well and sufficiently, repair, support, sustain, maintaine and amend the said Messuage, tenement or farme-house, and all the houses, edifices, buildings, barns and stables therunto belonging or appertaining 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 at all times hereafter, and from time to time during the said term, at his and their like costs and charges, well and sufficiently hedge, fence, ditch, inclose and amend all and singular the hedges, fences, ditches, inclosures, belonging to the said demised premisses, in, by and with all and all manner of hedging, fencing, ditching and inclosures, when; and as often as need shall require, during the said terme, and as well the said messuage, tenement or farme-house, houses, edifices, buildings, barns and stables with the appurtenances, and every part and parcel thereof so well and sufficiently repaired, as also the hedges, fences, ditches and inclosures aforesaid, well and sufficiently supported and amended in the end of the said term or other determination of this present lease, shall leave and yeild up into the hands and possession of the said C B his &c. And the said T W for himself his &c. doth covenant &c. For the lesser to permit a man to plant an ortchyard. That he the said T VV his &c. shall permit and suffer one I H and his assignes, to plant and make in and upon some convenient place of the demised premisses, an ortchyard with such store of fruit trees, as the said I H or his assignes shall thinke [Page 494] meet, and the same ortchyards and fruit trees so made and planted, shall fence, preserve, and keep, so much as in him shall be, from spoil and hurt of cattel, and from all other harm and destruction. And further, that he the said T VV his executors, administrators and assignes shall at all times hereafter, and from time to time during the said term of &c. find and allow unto G H widow, mother unto the said I H. competent and sufficient meat, To find lodging & diet, and apparel convenient for a widow, during the term & therof to exonerate the lesser. drink, lodging, apparel, and all other necessaries whatsoever, meet and convenient for her degree, and shall from time to time, and at all times cleerly acquit, exonerate and discharge the said C B his &c. and every of them, of, from and concerning the keeping of the said G H. during all the said term of &c. before by these presents granted. Not to plow up the meadow. And lastly, the said T W for himself &c. that he the said T VV his &c. nor any of them shall not at any time or times hereafter during the term before, in and by these presents granted, plow up, or otherwise deface or spoil the meadow ground, belonging to the said demised premises, or any part or parcel thereof. And also that he the said T W. his &c. shall and will in the end of the said term of &c. before by these presents granted, or other determination of this present lease, deliver and yeild up the quiet and peaceable possession of all and singular the before demised premises, and of every part and parcel thereof, unto the said C B his &c. And the said C B for himself &c. doth covenant &c. in manner and form following, viz. that he the said T W. his executors, administrators and [Page 495] assignes, and every of them for and under the yearly rent before by these presents reserved, and other the covenants, grants, articles and agreements in these presents contained, shall or may peaceably, lawfully and quietly have, hold, use, occupie, possesse and enjoy all and singular the said messuage, tenement, or farm-house, houses, edifices, lands, meadowes, ortchyards, gardens, and all other the before demised premisses, and every part and parcel thereof (except before excepted) for and during the said [...] of &c. before by these presents granted, without any manner of lawfull let, suit, trouble, eviction, disturbance or contradiction of the said C B his &c. or any of them, or of any other person or persons whatsoever, by his, their, or any of their means, act, title or procurement. Provided alwaies, and it is mean [...] and intended by and between the said parties to these presents, Proviso. That this Indenture, or any thing herein contained, shall not extend to charge the said C B his &c. by or with any action of covenants, or other action whatsoever, saving only for such estate and interest, as the said C B or any other, claiming by, from o [...] under him, now have, or may have, of, in or to the demised premisses or any part thereof, and not for any other better or former estate right or title which shall or may proceed, or extinguish the grant by th [...]se presents made.
In witnesse, &c.
An Assignment of two severall obligations.
TO all Christian people to whom this present writing shal come, F D of &c. Gent. sendeth greeting. [Page 496] Whereas R D of &c. Gent. in or by one obligation or writing obligatory with condition thereupon endorsed bearing date &c. Now know yee, that the said F D for divers good causes and considerations him to these presents moving, doth fully, cleerly and absolutely bargain, sell, assigne, and set over unto R B of &c. his &c. as well the said two obligations, as also the said several sums of mony in them, and either of them mentioned or contained, to the only proper use and behoof of the said R B his &c. and without any accompt or other thing therefore to be yeilded, paid or done unto the said F D his &c. or to any of them. And the said F D for himself, his heires, executors and administrators doth covenant, promise and grant to and with the said R B his executors, administrarors and assignes by these presents in manner and form following; that is to say, that he the said R B his &c. and every of them shall and may at all times hereafter and from time to time peaceably and quietly have, hold, use, occupie, possesse and enjoy all and singular the sum and sums of mony whatsoever contained in the said several obligations, and also the benefit, commoditie, penaltie and advantage whatsoever which shall or may happen, come, grow, or be by reason of the said several obligations or writings obligatory above recited or mentioned, without any manner of let, suit, trouble, gainsaying, means, consent or procurement of the said F D his &c. or any other person or persons whatsoever.
In witnesse, &c.
An Assignement of two Apprentices, and their years to come.
TO all Christian people to whom this present Writing shall come, I A N, Citizen and &c. send Greeting in our Lord God everlasting: Whereas my Apprentices I S and G R have certain yeers yet to come, Recitall of the Indentures. and unexpired of their severall Apprentiships, to wit, the said I S one whole yeer and a half, from the feast of, &c. last past, and the said R G, the space of two yeers and a hal [...], from the said feast, as by their severall Indentures thereof unto mee the said A N made and sealed, at large, it doth and may appear. Now know yee that I the said A N for divers good causes and considerations mee especially moving; Consideration. And the rather for that it stands with the good liking and pleasure of my said Apprentices, Have given, granted, assigned, and set over, and by these presents do fully, and absolutely give, grant, assigne, and set over unto my well beloved friend R H Citizen and H of London, all such right, title, duty, terme of yeers to come, claim, interest, apprentiship, services, and demands whatsoever, which I the said I N have of, in, and to the said I S, and R G my said Apprentices, or which I might, or ought to have of, and in them, or either of them, by force and vertue of the above recited Indentures of [Page 498] Apprentiships, (that is to say) the true and faithfull service of I S, for and during the time and space of one whole yeer and a half, from, &c. as aforesaid; And the like honest and dutifull service of R G, for and during the time and space of two whole yeers and a half, &c. from the Feast day as is afore declared; Giving and by these presents granting unto the said C B my full power and lawfull authority for the having, Grant of these Termes. keeping, and enjoying of my said Apprentices during the time before mentioned, and not expired. And moreover, the said A N doth by these presents Covenant, promise, and grant to and with the said C B, his executors and assignes, that the said I and G my Apprentices shall during their severall times well and truly serve the said C B as their Master, and his commandements lawfull and honest every where shall do, and from the service of him, they nor either of them shall not absent, or prolong himself by day or night during the said severall Termes of their aforesaid Apprentiships yet [...]o come and unexpired; provided that the said C B their Master shall well entreat and use the said I and G as becometh Apprentices in such case to be used, finding unto them, and either of them, meat, drink, linen, woollen, hose, shooes, and bedding, and all other necessaries, during the said Terme.
In witnesse, &c.
A Proviso, that if the Lessor be minded to surrender his grand Lease, to take a further estate in the premisses, then the demise to be void.
PRovided alwayes, and be the demise under and upon Condition, That if the said A B, his executors, administrators, or assignes shall at any time during the demise be minded to surrender his grand Lease, by which he hath, and holdeth the aforesaid demised premisses, amongst other things, to the intent to get a new Lease, or any larger, or further estate of, in, and to the same, and thereof shall give, or leave notice in writing to and for the said A B, executors, administrators, or assignes at the the said Mansion house, that then at the day and time of such notice given, and from thenceforth for ever this demîse, grant, and terme of yeers shall cease, determine, and bee utterly void, and of none effect, to all intents and purposes; Any thing herein contained to the contrary thereof in any wise notwithstanding, And the said, &c. That he the, &c. or Assignes, the surceasing, and determination of this demise, grant, and terme of yeers of the said A S to be had, claimed, and enjoyed, as aforesaid, shall and will not onely peaceably and quietly permit, and suffer the said A S, his executors, administrators and assignes to have, hold, and enjoy the said demised premisses, under [Page 500] the yeerly rent aforesaid, by and during the terme of three moneths, and before the end and expiration of the same, shall at his and their own proper costs and charges make, seal, and deliver, or cause, &c. sufficiently tendred at the said demised premisses, or Mansion house unto the said A S, his executors, or assignes, a new Lease, or Grant in writing, of all the said demised premisses, for so much of the said time of, &c. as shall be then to come, and unexpired, and for and under such r [...]nts, covenants, and conditions as are contained in this present Lease.
A Letter of Attorney to enter upon Lands, and to deliver a Lease made to Another.
KNow all men by these presents, That I R R of, &c. have made, ordained, constituted and appointed, and by these presents do make, ordain constitute and appoint T C of, &c. my true and lawfull Attorney, for me, and in my stead, and name to enter and come into, and upon the f [...]rme and lands of T in the Parish of, &c. now in the tenor or occupation of R T, or of his assignes, or upon any part thereof, then, and there, for me and in my stead, and name to deliver as my Act and Deed unto H M of, &c. or to his assignes, one Indenture whereunto I have already sealed and subscribed my name, bearing date, &c. made between me the said R R [Page 501] of the one part, and the said H M of the other part, purporting a Lease of the said Farme and Lands unto the said H M, his executors, administrators, and assignes for the terme of four yeers next ensuing &c. as in, &c. by the said Indenture more at lage appeareth; which Indenture after the same shall be so delivered by my said Attorney, I the said R R do promise by these presents shall be my effectuall Deed in Law, to all intents, constructions, and purposes as I the said R R had sealed and delivered the same then, and there my self:
In witnesse whereof, &c.
A Letter of Attorney to enter upon Lands, and to deliver a Lease.
TO all Christian people to whom this present Writing shall come, We T A and R M of, &c. send greeting. Whereas we the said T A and R M have signed and sealed to one Indenture, bearing date with these presents, purporting a Lease, demise, or grant unto I H of, &c. of all that our Mannor or Farme of L, &c with the house, barne, stables, orchard, gardens, &c. And of all that one Scite of the Rectory or Parsonage of L in the said County of, &c. Together with the demesne lands to the said Mannor or Farme belonging, or appertaining, To hold from the ensealing and delivery of the same Indenture, for the terme of three yeers then next ensuing, [Page 502] as by the same Indenture at large appeareth. Letters of Atturney. Now know ye, that we the said T A and R M have made, ordained, constituted and appointed, and by these presents do make, ordain, constitute, and in our steads and places put and appoint our trustie and well beloved friend I H &c. our true and lawfull Atturney, and assigne for us, and in our steads and names, to enter and come into and upon all that the said &c. And other the lands aforesaid, or into some part thereof; And then and thereafter such entry made, to deliver unto the said I H as our very Act and deed, the said Indenture of lease above mentioned, to hold according to the tenure of the same Indenture; And further to do and execute all, and every such further thing, and other Act whatsoever as shall be needfull to be done and performed in that behalf in as large, ample and effectuall manner, as we our selves might, or could do if we were personally present.
In witnesse, &c.
An Assignment from Patentees of part of their Grant.
TO all people to whom this present writing shall come, we R W and D L gent. send greeting: Whereas our Soveraign Lord the Kings Majestie that now is, by his highnesse Letters Patents under the great seal of England bearing date &c. for the considerations therein mentioned, [Page 503] Hath given and granted unto us the said R W and D L &c. Recitall of the grant. Reciting the grant, as in and by the said Letters Patents, amongst divers other provisions, liberties, power, priviledges and things therein contained, and to us granted, more fully at large, it doth and may appear. Now know ye, that we the said R W and D L, for, and in consideration that the said Letters Patents have been and were procured and gotten unto us, by and through the great charges, Labour, Industrie, and solicitations of H R of L. Gent. and for other good considerations, us hereunto moving, have given, and granted, and by these presents do give and grant unto the said H R his executors, Administrators, and assignes, full power and authoritie to bargain for, procure, or buy, or cause to be bought, procure, or bargained for, by his or their factors, Agents, or assignes the fifth part of the said 3000. barrels of B, aforesaid in five parts to be divided from year to year, and every year, yearly during the said Term of 21 years, and the said B, not exceeding a fifth part of the said 3000 barrels in five parts to be divided as aforesaid, yearly and every year during the said term freely and lawfully ship, lade transport, and carry, or cause to be shipped, laden transported, and carryed by way of Merchandize out of, and from any Citie, or Port, in the City of Bristoll, and Barnstable, Cardiffe and Ch. or out of, or from any of the creeks, members or places to the same ports, or any of them belonging, or out of any other ports or creeks; whatsoever within Southwales to any of the Ports beyond the Seas, being at the time of any such transportations in League or Amitie with the Kings Majestie his heires or [Page 504] successors and the same here from time to time to utter, sell, dispose, or put away at his and their free wills, and pleasure, to make thereof his and their best advantage, to his and their own proper use and behoofe; And we have, and do by these presents make, ordain and appoint the said H R his executors, administrators, or assignes an Agent for, that purpose for, and concerning that fifth part, and for his more full, and absolute assurance in that behalf we have assigned and set over, and by this presents do fully, clearly and absolutely give, grant, assigne, and set over unto the said H R his executors, administrators, and assignes, one and the full fifth part of all and every sum, and sums of money, gain, profit, benefit, commodities, encrease and advantage whatsoever, which shall or may during the said term of 21. years, be yearly from time to time had, made gotten, or obtained by reason or means of the said fifth part before to him by these presents granted, or assigned, and also one full fift of the benefit, priviledges, preheminences, forfeitures, seizures, profits and commodities which shall, or may be obtained, or gotten by force and vertue of the said Leters Patents before mentioned, or of any libertie, priviledge, power, or authoritie thereby granted, or by reason or means of the yearly buying, bargaining for, procuring, transporting, lading, venting and shipping of the said &c. into the parts beyond the Seas, in such form as in the said Letters Patents is Limitted, set down and expressed, in as full and ample manner and form to all intents and purposes, as we the said R W and D L have, Habend. shall, or have by vertue of the said Letters Patents. To have and to hold the said fift part of &c. and [Page 505] the power and libertie to transport the same as aforesaid, and all other the premisses with their appurtenances, before by these presents given, granted, assigned and set over, or meant, mentioned, or intended to be &c. and every part and parcell thereof unto the said H R his executors Administrators and assignes, to be done and executed to him and them, and every of them, or by his, or their, or any of their factors, servants, Agents & assigns, & also for, and during the whole term of 21. years granted, and by the said recited letters Patents, in as large, ample and beneficiall manner and form, to all intents and purposes, and in every condition and degree, as we the said R W and D L, or either of us our, or either of our executors, Administrators, or assigns, or any of us, may, or could do by force and vertue of the said recited letters Patents, That he shall quietly enjoy a fift part of the premisses. or any thing therein contained; And we the said R W and D L for us, and either of us, our, and either of our executors &c. That he the said H K his executors and Administrators, shall and may lawfully and peaceably, and quietly, have, take and receive and enjoy the said first fifth part of the said &c. so to be yearly transported as aforesaid; And the said power and libertie to transport the same, and all other the premisses with their appurtenances before by these presents mentioned to be hereby given, granted, assigned, or set over to his, and their own proper uses and behoofes, during the term aforesaid, by the said letters Patents granted, without the lett, trouble, denyall, hinderance, revocation, countermand, or contradiction of the said R W and D L, or either of them, their executors [Page 506] Administrators or assigns, or of any other person, or persons whatsoever, and free and clear without paying, allowing, or disbursing any sum of money, or other charges, other then the allowance and payment of 2 shillings reserved to his Majesty by the said letters Patents for every barrell so to be transporred as aforesaid, for the same, and in as large, and ample manner in every condition and degree to all intents and purposes as we the said R W and D L or either of us, our executors or assignes might or could have, and enjoy the same by vertue of the said letters Patents or any power, grant, priviledges, or things therein contained.
In witnesse, &c.
A condition to pay money within four dayes after, if the parties bound in an obligation pay it not at the day.
THe condition of this obligation is such; That whereas W H and R B by their obligation, or writing obligatory bearing date &c. are and stand jointly, and severally bounden unto the within named I L in the sum of &c. with condition endorsed and (at large appeareth,) now if the said W H and R B their executors Administrators, and assignes shall make default in payment of the said sum of &c. the said &c. in with the same ought to be as aforesaid; That if so be the within bounden L L his heires executors [Page 507] Administrators or assignes or any of them do within four dayes next, and immediately ensuing the said &c. well and truely pay or cause to be paid unto the said I L his executors, administrators or assigns the sum of &c. or so much thereof as shall be unpaid in, or upon the said &c. At or in &c. without fraud or covin, that then this obligation &c.
A short Assignment to a third Person.
THis Indenture made &c. Between H P &c. of the one part, and W C &c. on the other part witnesseth, that whereas G M &c. and M, Recitall. his wife &c. in and by their three severall Indentures of lease bearing equall date the &c. for the severall considerations therein mentioned, did devise, grant, and to farm let unto the said H P all that their three severall third parts, in three parts to be divided, or all that their messuage or Tenement scituate, lying and being in &c. then or late in the time or occupation of one R G or of his assigne, or assignes, with all Shops, Cellers, Sollers, Chambers, Roomes, lights, easements, buildings and commodities thereunto belonging, with their appurtenances together withall their severall third parts in three parts to be divided of, and in such goods, wainscot, implements of houshold, necessaries and things as were specified and contained in three severall schedules or Inventories Indented, and to the same Indentures annexed; Habend. To have and to hold all their said three severall third parts, in three parts to be divided [Page 508] of, and in the said messuage or Tenement, and all and singular other the said demised premisses, with the appurtenances, and every part and parcel thereof unto the said H P his executors, Administrators, and assigns, from the feast day of, &c. then next coming after the date of the said severall Indentures of Lease, unto the end and term of &c. from thence next ensuing, and fully to be compleat and ended, yielding and paying therefore during the said term of &c. unto the said G M and E, his wife, and to the heires and assignes of the said E, &c. and to the said H B and H, his wife, and to the heires and assignes of the said H &c. and to the said T P and M, his wife, and to the heires and assignes of the said M &c. At four feasts or Terms in the year (that is to say) at the feast of &c. by even and equall portions, as in and by the said three several Indentures of Lease, amongst divers other covenants, grants, Articles, agreements, and things therein contained more fully and at large, it doth and may appear, now his Indenture further witnesseth; That the said H P for, and in consideration of the sum of &c. to him in hand paid by the said W C before the ensealing and delivery of these presents, whereof he the said H P doth acknowledge the receipt thereof, and thereof and every part and parcell thereof, doth clearly acquit and discharge the said W C his executors and Administrators, and every of them for ever by these presents hath granted, bargained, sold, assigned, and set over, and by these presents doth clearly and absolutely, grant, bargain, sell, assigne, and set over unto the said W C his executors, Administrators, and assigns, aswell the said messuage or Tenement and all other the said premisses with the appurtenances, [Page 509] and every part and parcell thereof, as also all the estate, right, title, Interest, Term of years to come, possession, claim and demand whatsoever, which he the H P now hath, may, might, should, or in any wise ought to have, of, in, or to the said messuage, or Tenement, or premisses, or of, in, or to any part, or parcell thereof, by force and vertue of the said three severall recited Indentures of Lease, or any or either of them, or other wise howsoever, Habend. together with the said three severall Indentures of Lease; To have, and to hold the said messuage or Tenement, the said severall Indentures of Lease, estate, right, title, Interest, and all, and singular other the premisses before by these presents bargained, or sold, or mentioned, or intended to be hereby bargained, sold assigned, and set over, and e [...]ery part and parcell thereof unto the said W C his executors, Administrators, and assignes, for and during all the rest and residue yet to come and unexpired of the said Term of one &c. in the fame Indentures of Lease granted in as large and ample manner and form to all intents and purposes as he the said H P now hath, may, might, or in any wise ought to have, and enjoy the same, by force of the same Indentures of Lease aforesaid, or otherwise howsoever; And the said H P doth covenant, promise and grant, for h [...]mself his executors, administrators, & assigns, and for every of them, to and with the said W C his executors, and assignes, by these presents in form following, that is to say, that he the said W C his executors, Administrators, and assignes, and every of them, under the rents, Covenants, provisoes and agreements in the said severall recited, or mentioned Indentures of Lease contained, shall, or may, [Page 510] for, and during all the rest and residue now to come and unexpired of the said term in the said severall Indentures of Lease, granted, lawfully, peaceably and quietly have, hold, use, occupie, possess & enjoy the said messuage or tenement, and all other the premisses with the appurtenances, and every part and parcell thereof without the let, trouble, interruption, molestations, or contradiction of him the said H P his executors Administrators or assignes, or of any other person, or persons, whatsoever claiming from, by, or under him the said H P his executors or assigns, discharged also of, and from all and all manner of former and other bargains, sales, gifts, grants, surrenders, forfeitures, Reentries, cause and causes of forfeiture and Reentry, rents, arrerages of Rents, charges, titles, troubles and incumbrances whatsoever had, made, committed, suffered or done by the said Henry Peighen his executors Administrators, or assignes, or any of them, or by any other person, or persons whatsoever, claiming from, by or under him, them, or any of them, or by his, their, or any of their means, Act, title, consent, or procurement, The rents covenants and conditions and agreements in the said severall recited or mentioned Indentures of Lease contained, which from henceforth on the tenants part, and behalf are, or ought to be paid, performed and kept excepted, and alwayes foreprised.
In witnesse, &c.
A Condition to pay a summe of Money to Children at their severall ages, according to the Will by which it was given, the Bond made to the Executors.
THe Condition of this obligation is such, That whereas the within named A B by his last Will and Testament, bearing date, &c. did amongst other Legacies and bequests give and bequeath, to the children of his late brother G B deceased, to every one of them that should be living at the time of his death, to be delivered unto them by equall portions at their severall ages of twenty one yeers, fourty pound a peece, & to G B by name, one of his said brothers children, the summe of ten pound, over and besides the said XL pound, formerly to him given, as aforesaid; And did ordain, that the said severall summes so bequeathed to his said brothers children, should be delivered to their mother, his sister in law, for the use and behoof of the said children, she putting insufficient security to his executors for the payment of the said summes at their severall ages above mentioned, as by the said last Will and Testament of the said A B may plainly appear. And whereas the executors of the within named A B have now paid and delivered unto the within bounden E W, the mother of the said children, the summe of, &c. of, &c. for the severall Legacies of such of the same children, [Page 512] as are yet under the age of 21 one yeers, (that is to say) C. pound for the use of the above named G B, according to the bequest thereof to him made, as aforesaid: fourty pound more for the use of G B, fourty pound more for F B, and fourty pound more A B, all children of the said G B deceased, to he paid unto them at their severall ages as abovesaid; If therefore the above bounden E B her heirs, executors, administrators, or assignes, or any of them do, and shall well and truly pay, or cause to paid, unto every of the said children before named respectively (viz) to G F, and A their said severall summes or Legacies above mentioned, at every of their severall and respective ages of 21 yeers, according to the effect and true meaning of the said Will, without fraud, or covin, That then, &c.
A Condition for payment of Money to a Child when he comes to age, and in the mean time to find it, and bring it up.
THe Condition, &c. That if the within bounden T C, his heirs, executors, &c. do well and truely deliver and pay, or cause to be paid and delivered unto T M, sonne of I M late of, &c. the sonne of, &c. within one moneth next after that the said T shall attain and come to his full age of 21 yeers; And also carefully and honestly, according to his calling and degree keep, educate, [Page 513] and bring up the said T, during his non [...] age, with necessary and convenient meat, drink, learning, and apparrell. And if it happen the said T M to die, or depart this life before he shall attain his said age of 21 yeers, Then if the said T C his executors, &c. do within one yeer next after the decease of the said T M pay, or cause to be paid unto the within named, &c. his executors, or assignes, to the use of the children of the said I M which shall be then living, the said summe, &c. to be equally distributed, and divided amongst them; That then, &c.
A Grant of an Advowson from the King.
IAmes, &c. Know ye, that we for certain good causes and considerations us at present especially moving, of our especiall grace, certain knowledge, and meer motion, have given and granted, and by these presents do for us, our heirs, and successors, give and grant to our beloved W H Knight, the first and next Advowson, donation, collation, nomination, and right of Patronage to the Rectory and Church parochiall of, &c. in our County of H, with all the rights, members & appurtenances for one and the next Turn onely, now, or late in the possession of G D, Professor of sacred Divinity Incumbent there; To have, hold, and enjoy the said first and next avoidance onely, when and as soon as the same Rectory first and next shall happen to [Page 514] become void by death, resignation, privation, cession, permutation, or by what other way soever, or right, or title whatsoever; So that it may and shall be lawfull to the said W H, his executors, and assignes by force of these presents as aforesaid, when and as soon as the said Rectory shall first and next become void; for the first avoidance onely to give and confer the said Rectory to our beloved S W, &c. and to none other, and to the Bishop, or Ordinary of the same place and Diocesse, to nominate and present, and to cause him to be instituted and inducted into the reall, and corporall possession of the same Rectory, with all his rights, members, and appurtenances, and to do, finish, and performe all and singular other things, which shall bee fitting or necessary, in or about the premisses; As fully and wholly as We, our Heirs, or successors could, or might do, if this our present Gift, and Grant thereof had not been made:
Witnesse, &c.
A Sale of a Moity of a Rent reserved by Lease.
THis Indenture made the &c. Between R B of &c. Executor of the last Will and Testament of R R, late of &c. deceased, and P K C &c. on the one part, and A G C &c. on the other part witnesseth, That whereas the said P K being interressed and possessed by Lease, dated the &c. made and granted unto him the [Page 515] said P K by, and from one W T, of &c. of all that Messuage, Tenement, or Inne, called or known by the name or Signe of the black Bell, scituate in Fleetstreet in the Parish of St. Dunstans, &c. And of all Cellars, sollars, rooms, barnes, stables, hay-lofts, gate-houses, liberties of passages, Courts, Yards, windows, lights, water-courses, racks, plancks, mangers, and all other the appurtenances whatsoever to the said messuage or tenement belonging, or appertaining (except as in the said Lease, made to the said P K of the premisses is excepted) And whereas the said P K did afterwards by his Indenture of Lease, bearing date &c. for the considerations therein expressed demise, grant, and to farme let, unto T R, Citizen &c. his executors, administrators, and assignes, all those rooms, chambers, lodgings, Cellars, and easements hereafter particularly mentioned, being parcell of the said messuage, tenement, or Inne called &c. and then in the tenure of the said P K, or of his Assignes (that is to say) one Cellar lying under the shop, then, and yet in the occupation of the said T R, in Fleet. London, one room or chamber towards the street, called the Crown, being part over the said shop, and part over the said gate, or way leading into the said messuage, tenement, or Inne called the black Bell, one other little dark room, or chamber called the faggot chamber, lying backward behind part of the said room or chamber called the Crown on the same floor, with liberty to make and contrive convenient light, or lights from the yard of the said messuage, tenement, or Inne aforesaid, to serve the said room, called the Fag. room, and the same so made to enjoy, during the said Lease; [Page 516] one other room, chamber, or lodging towards the street, called the Angel, direct over the said chamber, called the C. One other chamber or lodging, commonly called the two-bed chamber, lying backwards behind part of the said room, or chamber called the A. on the same floor, and also one piece or parcell of the lower room, then in the Occupation of the said P K, or of his assignes, to containe by estimation &c. next behind the West end or side of the said shop, then in the occupation of the said T R towards the North, for the making and contriving of a pair of stairs to leade from the said shop unto the said demised premisses, and also from thence to make and contrive a convenient way or passage to lead into the Cellar before mentioned, Together with all lights, wayes, easements, commodities, and appurtenances to the said premisses belonging, or appertaining, To hold to the said T R his executors, administrators or assignes, from the feast of &c. then next coming after the date of the said Lease last recited, to the end and terme of &c. from thence next ensuing and fully to be compleat and ended, and for and under the yeerly rent or reservation for the first two yeers and one quarter of the same terme, of one pepper corne, and afterwards during the whole terme, for and under the yeerly rent of &c. payable as in and by the said Indenture of Lease made to him the said T R. (amongst divers other covenants, grants, articles, and agreements therein contained more fully and at large it doth and may appear) And whereas afterwards the whole estate, Recitall. right, title, interest, terme of yeers, propertie, claim, and demand of the said P K in and to the said premisses before mentioned, [Page 517] or recited by good and sufficient conveyances in that behalf made) came into the hands and possession of the said R R, who died thereof lawfully possessed, and by, and after whose decease the said Indenture of Lease first mentioned Terme of yeers, and premisses aforesaid, was lawfully vested and setled in the said R B, as Executor of the last Will and Testament of the said R R. And whereas the said R B being of the premisses so possessed as aforesaid, by his Indenture, or Deed indented, bearing date &c. for the considerations therein mentioned, did grant, bargain, sell, assigne, and set over unto I C C, &c. his Executors, administrators, and assignes the moity, or one half part of the Messuage, Tenement, or Inne called the black Bell aforesaid, and the moity of all and singular shops, cellars, sollars, rooms, barnes, stables, hay-lofts, gate-houses, liberties of passages, courts, yards, windows, lights, water-courses, racks, plancks, mangers, and all other the appurtenances whatsoever, to the said messuage, tenement, or Inne belonging or appertaining, and the moity of all houses, edifices, and buildings, then standing; and being upon the premisses, or any part thereof, and the moity of all and singular other the premisses whatsoever mentioned to be demised in, and by the Indenture of Lease first mentioned, (except as in the same Indenture is excepted) to hold the said moity of the said messuage, tenement, or Inne, called the &c. of all other the premisses aforesaid (except before excepted) unto the said I C his executors, administrators, and assignes from thenceforth, during the residue then to come and unexpired of the whole terme granted by the said Indenture of Lease first mentioned, [Page 518] made to the said P K, as aforesaid, as in, and by the last Indenture, or Deed indented, (amongst other things also more at large it doth and may appear. Now this Indenture witnesseth. That the said R K and P K for, and in consideration of the summe of &c. to him the said P K, by the direction and appointment of the said R B well and truely paid before the ensealing and delivery of these presents, by the said A G, whereof they the said R B and P K do acknowledge themselves to be fully satisfied, contented, and paid, and thereof, and of every part and parcell thereof, do clearly acquit and discharge the said A G, his executors, and administrators by these presents, Have granted, bargained, sold, assigned and set over, and by these presents do clearly, and absolutely, grant, bargain, sell, assigne, and set over unto the said A G, his executors, administrators, and assignes, all that the moity, or half part of all and singular the said rooms, chambers, lodgings, cellars, wayes, lights, liberties, passages, commodities, and appurtenances, and of all other the premisses demised to the said T R by the said P K in, and by the said Indenture of Lease before recited, and of every part and parcell thereof, together with the moity or one half part of the said yeerly rent of &c. reserved by the said Indenture of Lease, and full liberty, power, and authority, to receive, and take the same from time to time, at such feasts, and dayes as the same shall grow due, and payable by the said Lease, during the whole terme thereby granted, To have and to hold the said moity of all and singular the said roomes, chambers, lodgings, rents, and other the premisses with the appurtenances [Page 519] before by these presents mentioned, to be granted, bargained, sold, assigned, and set over, and every part, and parcell thereof with liberty, power, and authority, to receive, and take the said rent, as aforesaid, unto the said A G his Executors, Administrators, and Assignes from the ensealing and delivery of these presents for, and during all the rest and residue of the said terme of twelve yeers to him the said T R granted as aforesaid now to come and unexpired in such like, large, and ample manner, to all intents and purposes, as they the said R B, and P R or either of them might, should, or in any wise ought to have, take, and enjoy the same; And the said R B and P K, for themselves, and either of them, their, and either of their Executors, Administrators, and Assignes, and for every of them, do covenant, promise, and grant, to, and with, &c. That is to say, That they the said R B, and P K, or one of them, at the time of the ensealing and delivery of these presents are, and stand, or one of them is, and standeth so lawfully and absolutely possessed of the premisses, as that they the said R B, and P K, or one of them, now have, or hath, good right, full power, and lawfull authority hereby to grant, bargain, sell, assigne, and set over the said moity of the said severall rooms, chambers, lodgings, and other the premisses, with the appurtenances before by these presents mentioned, to be granted, bargained, sold, assigned, and set over, and every part, and parcell thereof unto the said A G, his Executors, Administrators and Assignes, in manner and forme aforesaid. And further that he the said A G, his Executors, Administrators, [Page 520] and Assignes, and every of them, shall from time to time, and at all times hereafter, during the rest, and residue of the said terme of twelve yeers, granted to the said T R, as aforesaid, peaceably, and quietly have, hold, and enjoy the moity of the said rooms, chambers, lodgings and other the premisses with the appurtenances before mentioned, to be demised, to the said T R. by the Indenture of Lease above recited, and every part thereof, and the moity of the said yeerly rent of &c. by the same Indenture reserved shall, or may receive, take, and enjoy from time to time, as the same shall grow due, during the said terme, without the lett suit, trouble, disturbance, interruption, or eviction, of them the said R B and P K or either of them, their Executors, Administrators, or Assignes, or any of them, or of any other person, or persons whatsoever, lawfully claiming by, from, or under the said R R deceased; And also acquitted, and discharged of, and from all, and all manner of former Grants, bargains, sales, leases, statute merchants, and of the staple, recognizances, judgements, executions, surrenders, forfeitures, reentries, and of, and from all other titles, troubles charges, and incumbrances whatsoever, had, made, committed, or done by the said P K, and I B, and R R deceased, or any of them; or to be had, made, committed, or done by the said P K, and R B, their executors, or any of them, or by their, or any of their means, act, title, interest, default, consent, or procurement.
In witnesse, &c.
A Mortgage of Lands.
THis Indenture made the &c. between the Right honourable E E of Bedford the Lady Lucy his wife Countesse of B. the Right honourable the Lord M. Baron of R. in the Countie of, &c. Sir F G of, &c. and E W of, &c. on the one partie and J W of, Consideration. &c. on the other partie witnesseth; That in consideration of the sum of, &c. to the said E, Earl of Bedford, and the Lady Lucy Count. of &c. in hand paid by the said J W before, then sealing and delivery of these presents whereof they do acknowledge the receipt, and thereof, and of every part, and parcell thereof, do hereby clearly and absolutely acquit exonerate and discharge the said J W his heires executors, administrators, and assignes, and every of them, for ever by these presents; They the said W, Lord M, Sir F G and E W, at and by the speciall direction and appointment of the said E, Earl of Bedford, and the Lady Lucy, Countesse of Bedford, Have, demised granted, Grant. bargained and sold and by these presents do demise, grant, bargain, and sell unto the said J W his executors, administrators and assignes, all those Closes and grounds hereafter particularly named scituate lying and being in the ham lett, parish, or field of Burley in the County of R, That is to say one close of pasture, and meadow ground commonly called or known by the name of new cow close contained by estimation 110 acres now in the Tenure or [Page 522] occupation of R, I Gent. or his assignes one other close of pasture called Nether Austrop containing by estimation 170. acres at least now in the tenure or occupation of W D. or his assignes two closes of pasture &c. Together with all and singular the wayes, passages profits, commodities, advantages, and appurtenances whatsoever to the said severall closes and grounds, and every or any of them belonging or in any wise appertaining or with them, or any of them, now or heretofore usually occupied, demised, or enjoyed, or accepted, reputed, taken or known, for, or as part, or parcell of them, or any of them, And the reversion, or reversions, remainder and remainder rents, and yearly profits whatsoever, of all, and singular the said closes and premisses before mentioned, and of every of them; To have, Habend. and to hold the said closes, fields, grounds, hereditaments, and all, and singular other the premisses with their, and every of their appurtenances before by these presents demised or mentioned to be hereby demised, granted, bargained, or sold, and every part, and parcell thereof, unto the said I W his executors, administrators, and assignes, from the &c. day of, &c. next ensuing the date of these presents, Reddend. unto the full end and term of ninety and nine years from thence next ensuing, and fully to be compleat and ended, yielding and paying therefore yearly unto the said W Lord M Sir F G and E W, their heires or assignes, one pepper corn onely, At the &c. if the same be demanded. Provided alwayes, and it is fully agreed between the said parties to these presents, Proviso. and every of them, that if the said E, Earle of Bedford, the Lady L. [Page 523] Countesse of Bedford, W Lord M. Sir F G, and E W or any of them, their, or any of their heires executors, administrators, or assignes, or any of them do, and shall well and truely pay, or cause to be paid unto the said I W his executors, Administrators, or assignes the sum of, &c. In or upon the &c. At or in the &c. between the hours of, &c. That then this present demise, grant, bargain, and sale, shall be utterly void, frustrate, For payment of the money. and of none effect; Any thing herein before contained to the contrary thereof in any wise notwithstanding. And the said E, Earl of Bedford, the Lady Lucy Countesse of B W Lord M Sir F G and L W do by these presents, covenant, promise, and grant, that they or some of them, their or some of their heires, executors, administrators, or assignes, shall, and will well and truely pay, or cause to be paid unto the said J W his executors, administrators, or assigns the said sum of, &c. in or upon the &c. at, or in the place aforesaid, And between the hours of, &c. According to the true intent and meaning of these presents; And further that the said closes, grounds, and other the premises before in, and by these presents mentioned to be demised, granted, bargained, and sold, now are, and be, and so during the whole term of, &c. hereby granted, shall be, remain and continue of the clear yearly value of &c. over and above all charges and reprises, For quiet enjoying the premisses upon default. And moreover if default be made in payment of the said sum of &c. herein before in the said Proviso mentioned, or any part thereof, at the day time, and place before limitted [Page 524] and mentioned for the payment thereof; That then the said I W his executors, administrators, and assignes, and every of them, shall, and may from time to time, and at all times during the said Term of &c. peaceably and quietly have hold, occupie, possesse, and enjoy the said grounds, Lands, Tenements, hereditaments, and all other the premisses herein before mentioned, to be demised, granted bargained, or sold, withall and singular their and every of their appurtenances and every part thereof, without the let suit trouble denyall disturbance expulsion, or interruption of the said E, Earl of Bedford, the L Lucy &c. W Lord M Sir F G and E W and of all & every other person, and persons whatsoever, and discharged of, and from all other bargains, sales, gifts, grants, leases, statutes, recognizances, extents, judgements, and all charges, estates, titles, troubles and incumbrances whatsoever, had made, committed, suffered, or done or to be had &c. by the said E E, of Bedford, the Lady Lucy Countesse of &c. W Lord M, Sir F G and E W or any of them, or by any other person, or persons whatsoever; And further that if default be made in payment of the said sum of &c or any part thereof, For further assurance upon default. at the day time, and place aforesaid, That then the said E E of Bedford, the Lady Lucy C of B W Lord M, Sir F G and E W their heires executors, administrators, and assignes, and all, and every other person, or persons lawfully having claiming, or pretending to have any manner of estate, right, title, Interest, claim, or demands whatsoever, of in, or to the said closes, grounds, hereditaments, and premisses, or any part thereof, [Page 525] shall, and will acknowledge, suffer, cause, or procure to be done, made, acknowledged, suffered and executed: All and every such, further lawfull and reasonable Act, and Acts, thing, and things, devise, and devises in the Law whatsoever, for the further better, and more perfect assurance surety, sure making and conveying of the said closes, grounds, and premisses with the appurtenances, and every part thereof, to be conveyed unto the said J W his executors, administrators, and assignes during the said term of lxxxix. years according to the intent & meaning of these presents; As by the said I W his executors, or assignes, or by his, or their Councell learned in the Law, shall be reasonably devised, or advised and required: And the said W Lord M, Sir F G and E W for themselves severally, and not jointly, nor one of them, for each other their severall heires executors, administrators, and assignes, and for every of them respectively do covenant, promise, and grant to, and with the said J W his executors, administrators, and assignes, and every of them by these presents, that if default of payment be made of the said sum of &c. or any part thereof, at the day time and place aforesaid; That then the said J W his executors, administrators, and assignes shall, or may from time to time, and at all times during the said term of &c. peaceably, and quietly, have hold, possesse and enjoy the said closes, grounds, and othe premisses before mentioned to be hereby demised, granted, bargained, or sold, without the lawfull lett, suit, trouble, deniall disturbance expulsion eviction or interruption of them, the the said W Lord M. Sir F G and E W, severally their and every of their severall respective heires [Page 526] and assignes, or any of them, or of any other person, or persons lawfully claiming in, by, from under them, or any of them respectively as aforesaid; And discharged and clearly acquitted of, and from all former bargains, sales, gifts, grants, statutes, recognizances, extents, Judgements, and of, and from all other charges estates, titles, troubles, and incumbrances whatsoever had, made committed suffered or done by the said W Lord M Sir F G and E W or any of them respectively their or any of their severall heires executors, administrators, or assignes or any other person, or persons claiming, or to claim in, by from or under them or any of them severally and respectively their or any of their severall estate act, title, meanes consent and procurement.
In witnesse, &c.
A Covenant that after default of Payment the possession of lands in mortgage shall be delivered to the mortgage, and also all Deeds and writing concerning the same.
ANd the said A B for himself &c. That he the said A B his heires and assignes, shall and will upon reasonable request to him, or them to be made after default shall happen to be made of, or in any of the payments aforesaid (if) it shall happen so to fall out, deliver or cause to be delivered unto the said C B his heires executors, administrators, or one or some of them, and the quiet and peaceable possession and feison of all [Page 527] and singular the before bargained premisses; And shall then also after such default of payment within one moneth next ensuing, deliver or cause to be delivered unto the said C D his heires and assignes, aswell all and singular the Letters Paents deeds, evidences, writings, Escrips and minuments before by these presents bargained, and sold, as also all the true copies of all such other deeds and writings; As do touch and concern the before bargained, premisses or any part thereof; Together with any other Lands Tenements, or hereditaments not before mentioned, the said copies to be written at the costs of the said D, his heirs or assignes.
A Letter of Atturney upon Covenants.
TO all Christian people &c. J O B of &c. son and executor of &c. whereas by one Indenture bearing date &c. made between A B on the one part and C D of &c. on the other part, there are divers Covenants contained on the part and behalf of the C D his executors, and administrators, to be kept and observed touching a Lease granted to the said O B by the dean and chapter of the Collegiate Church of &c. of a certain Tenement lying in the precincts of Saint Martins le grand in London, and covenanted to be transferred over by the said O B to the said C D as by the same Indenture whereunto relation being had more at large may appear; Now know ye that I the said O B for divers good considerations, [Page 528] me moving: and especially for that it apeareth by the said Indenture, that the name of my said Father was used onely in trust for the benefit of E D wife of the said C D and their issue have made ordained, constituted, and in my stead and place, put and appointed my welbeloved friend E H of &c. to be my true and lawfull Atturney for me, and in my stead and name (if need require) to sue, implead and prosecute the said G D, his executors, or Administrators, for or upon the breach or not performance of all, or any the said Covenants, in the said Indendure specified, and to have, receive and take for the use aforesaid, all such benefit, summe and summes of money, commoditie, and advantage whatsoever, which shall be recovered or gotten by means of any such suits, Actions, or proceedings to be brought or commenced concerning the same, And all and every other Act, and Acts, thing and things whatsoever, which shall be needfull to be done in and about the premisses the same for me and in my stead [...]and name to do execute and perform in such like large and ample manner and form to all intents and purposes as I my self might, or could do if I were there personally present; And whatsoeve'r lawfull Actions, suits, proces, and proceedings shall be hereafter commenced, sued, or prosecuted by the said E H, or his assignes against the said C D his executors, or administrators, touching the premisses I promise to allow maintain justifie and confirm firmly by these presents without releasing or discharging of the said C D his executors, or administrators of the covenants aforesaid, or any [Page 529] of them, or of any suits, processe for proceeding thereupon to be brought or commenced.
In witnesse, &c.
A Condition of Arbitrement, generall and speciall.
THe Condition &c. That if the within bounden R C, and R A their &c. and every of them do, and shall for their, and every of their parts, and behalfs in all things well and truely stand to, abide, obey, observe performe, fulfill, and keep the Award, arbitrement, order, rule, determination, and iudgement of &c Arbitrators indifferently elected, named, and chosen, as well on the part, and behalf of the said R C, and R A, as on the behalf of the within named I S the elder, and I S the younger, to Arbitrate, award, order, rule, deem, and judge of, for, upon, touching, and concerning all Actions, suits, doubts and variances, concerning the tythes of corne, grain, and hay, herbage, coming, growing, renewing and arising out of the Mannor of L, in the Parish of W, in the County of &c now in question, and controversie between the said parties; And also for, touching, and concerning all, and all manner of other Actions, suits, quarrells, debts, debates duties, bonds, specialties, controversies, transgressions, offences, strifes, contentions, reckonings, accompts,, and demands whatsoever, which between the said R C and R A on [Page 530] the one part, and the said I S the elder, and the said I S the younger, and divers other persons on the other party, at any time from the beginning of the world untill the date of these presents have been had, moved, stirred, or in any wise depending; So alwayes as the same award, arbitrement, or determination, and judgements of the parties in, and upon the same premisses be made, and given up in writing indented under their hands and seals, ready to be delivered to the said parties, at, or in &c. on, or before the &c. That then, &c.
A Condition for the truth of an Apprentice, and to restore the value of all such goods as by proof shall appear he hath embezelled.
THe Condition &c. That whereas I D sonne of &c. by his Indenture of Apprentiship, bearing date &c. hath put himself Apprentice to the within named W G, with him to dwell and abide from the Feast of &c. from thence next ensuing and fully to be compleat and ended, as in, and by the said Indenture more at large appeareth. If therefore the said I D the Apprentice, do, or shall at any time, or times hereafter, during the said terme of &c. wilfully wast, steal, [...]beazell, consume, spend, or make away (or otherwise deliver, or lend upon trust without ready money to any person, or persons without the consent of the said W G his Master) any of the goods, wares, money, or merchandize of the said W G his executors, or assignes; Then if the above bounden L M his executors, or assignes, or any of them do, or shall within two moneths [Page 531] after request made, and notice thereof given from time to time, during the said terme, well and truely pay, or cause to be paid to the said W G, his executors, or assignes the full summe and value of all such goods, wares, money, or merchandize as by just and due proofs shall appear the said I D to have spent, imbezelled, wasted; consumed, or lent, without consent, as aforesaid, to the hurt or hindrance of the said W G his executors, or assignes without fraud or coven, That then &c.
A Condition to acknowledge satisfaction upon a Judgement.
THe Condition &c. That if the within bounden P I his executors or administrators, or any of them do at, or before the end of Easter Terme now next coming after the date within written, by himself, or by his, or their lawfull Attorneys in the Kings Majesties Court of Common Pleas confesse and acknowledge satisfaction of all such Judgements and Executions as the said I P hath recovered in the said Court against W L of &c. Gent. That then this &c.
A Condition to save harmeless of a Bail.
THe condition of this obligation is such. That if the within bounden R S, his heirs, ex. administrators, or assignes, or any of them, do at all [Page 532] times hereafter, and from time to time clearly acquit, exonerate, and discharge, or otherwise sufficient [...]y save and keep harmel [...]sse the within named I E and W C, and the heirs, executors &c. or either of them, against our Soveraigne Lord the Kings Majesty within written, his heirs, successors, officers, or assignes, and against all & every other person, and persons wha [...]soever, of, for, or concerning all and every recognizances, bails, writings obligatory whatsoever, wherein, or whereby the said I E and W C at the Instance and request of the said R S stand bound for the said R to our Soveraigne Lord the King, in his Highnesse Court of Kings Bench, and also of, and from all, and all manner of costs, charges, suits, troub es, and expences whatsoever, which shall, or may happen, come, grow, or be to the said I E and W C or either of them, or to the heirs, executors, or administrators of either, or one of them, for, or by reason of the same Recognizances, or writings obligatory, or bails, or any sum, or sums of money in them, or any of them mentioned, or contained, That then this &c.
A Condition to make Assurance upon Request.
THe condition of this obligation &c. that if the within b [...]und H S, or his assignes, shall, or will at [...]ll times hereafter, upon reasonable request, and at the costs and charges of the within named I F, his heirs, or assignes, by such lawfull Act, and Ac [...]s, thing, and things, conveyances, and assurances in the law whatsoever, as by [Page 533] the said F N, his heirs, or assignes, or his, or their Councel learned in the law, shall be reasonably devised, or required, lawfully, and sufficiently give, grant, convey, and assure unto the said I F, his heirs, and assignes for ever, All that messuage, or tenement with the appurtenances, sometimes being two Tenements, together with an Orchard, and a Garden-plot thereunto belonging, set, lying, and being in the Town and Parish of I, in the County of D, now in the tenure, or occupation of one W C, or his assignes, cleerly acquitted, and discharged, or otherwise sufficiently saved, and kept harmlesse, of, and from all, and all manner of former bargains, sales, charges, titles, troubles, and incumbrances whatsoever, had, made, committed, or done by the said H S, or by any other person, or persons whatsoever, That then this &c.
An assignement of Lands extended to certaine uses.
THis Indenture made the &c. Between W K of &c. on the one party, Recitall of the Sentence in the Star-chamber. and I P of &c. on the other part. Whereas by Sentence given and pronounced in the Court of Star-chamber, the 14. day of &c. by the then Lords and others of the said late Kings Privy Councel W K of F in the &c. for an offence by him committed and perpetrated, was censured, and judged, and sentenced to pay for the same offence by [Page 534] him committed unto the late King the summe of 31000 pound for a Fine, as by the sentence of the said Court of Star-chamber appeareth. And whereas upon the said estreated in the Court of Exchequer, proces and extent was awarded out of the said Court, for the levying of the said Fine or debt of &c. whereupon it was found by divers severall Inquisitions, in due forme had, and taken, That the said W K was then seized of an estate in Fee-tail, of, and in the Mansion house, or Scite of the late Monastery, or Priory of Finshead, and of the Lands, and Tenements thereunto belonging with the appurtenances in the said County of N, being of the yeerly value of &c. above all reprizes, All which said premisses amongst other lands of the said W K, whereby the then severall Sheriffs, in the County aforesaid, seized and extended at the severall yeerly values aforesaid, as by the same severall Inquisitions returned into the Court of Exchequer may at large appear, upon which seizures there hath been levied and paid unto the late King the sum of &c. in part of the said rent, or summe of &c. and then remained due unto &c. the summe of &c.
And whereas our Soveraigne Lord the King, Recitall of the Letters Patents. by his Highness Letters Patents under the Great Seal of England, bearing date at Westm. the &c. (for the considerations therein mentioned) did for him, his heirs, and successors give, grant, and assigne unto C Ʋ Gent. one of the Pages of the Kings Majesties Privie Chamber, his executors &c. All the said residue and remainder of the said debt and fine of &c. And also the said extent, or extents, and all benefit, commodities, and advantages that may, [Page 535] might, or ought to come, grow, and renew, [...] belong unto his Majesty, his heirs, or successors, for, or by reason, or means of the said remainder of the said fine and extents, or any of them; And further, for him, his heirs and successors did give, grant, and demise unto the said C Ʋ his &c. (amongst other the lands of the said W so extended) all that the said Mansion house, or Scite of the said late Monastery, or Priory, scituate, lying, and being in the said County of N, All which said premisses above mentioned, were parcell of the lands, and possessions of the said W K, and late were in his Highnesse hands, as taken and seized for the said debts, or fine of &c. Together with the severall yeerly rents, issues, mean profits, and arrerages of the said land, and premisses, mentioned to grow, or which shall, or ought to be to his said Majesty then before, or at any time then after satisfied, contented, and paid for, or by reason of the said extent, or extents, or seizure, or seizures, or any of them, and all and singular houses, edifices, buildings &c. to the said premisses, in any wise belonging; And also all rents, and other yeerly profits whatsoever, reserved upon any leases, or grants, then to fore made, and granted of the premisses, or any part thereof, To have and to hold all and singular the said premisses with their, and every of their appurtenances unto the said C Ʋ, his &c from the Feast day of the &c. then last past, for and during such terme, and time as the same ought, or should have remained in his Highnesse hands, or in the hands of his heirs, or successors for, or by reason of the said extent, or extents, or any of them, and in as large and beneficiall manner as his said Majesty might, should, or could have [Page 536] had, held, or received the same, if the said grant had not been made, and untill the residue and remainder of the said debt or fine of &c, unsatisfied be contented and paid, with such power and authority as in the said recited Letters Patents is contained, And for, and under the yeerly rent of &c. to be yeerly paid into his Majesties receipt of Exchequer at the Feast of &c. yeerly during the said terme, as by the [...]ame Letters Patents, whereunto relation being had more at large it doth, and may appear; The state, right, title, interest, power, priviledge, property, terme of yeers, claim and demand whatsoever, of which said C Ʋ, as well of, in, and to the said Mannor, Mansion house, or Scite of the said &c. and the lands and tenements thereto belonging, And of, in, and to the Mannor of E &c. and the lands &c. As also of, in, and unto all those three closes called &c He the above named W K now hath, and holdeth, and thereof is and standeth now lawfully and absolutely estated and possessed (amongst other things) by vertue and force of one Indenture of Assignem nt, to him thereof made by the said C Ʋ, bearing date &c. as in, and by the said Indenture of Assignement, whereunto relation being had &c. Now this Indenture witnesseth that the said W K for, and in consideration of the great love and affection which he the said W hath, and beareth to the said I P and to his Issue lawfully begotten, and to be begotten of E his now wife, the naturall sister of him the said W K And to the intent and purpose that the said Mannors, lands, tenements, and hereditaments, and all other the premisses with the appurtenances herein before mentioned, or recited shall, and may from, and after the decease of the [Page 537] said W K, during the whole time and terme of the said extent, or extents above mentioned then to come and unexpired) remaine, continue and abide in the blood of him the said W K, and also for, and in consideration of the summe of &c. to be paid by the said E P his &c. unto F M now wife of G M Gentleman, and to E L, now wife of E L Gent. two other sisters of the said W K, (viz.) to each of them &c. in such sort as hereafter in these presents is set down and expressed, And for divers other good causes and considerations him the said W hereunto especially moving, Hath granted, bargained, sold, assigned, and set over, Graunt. and by these presents doth fully, cleerly, and absolutely grant, bargain, sell, assigne, and set over unto the said I P all the estate, right, title, interest, property, possession, terme of yeers to come, power, priviledge, benefit, reversion, claim, and demand whatsoever, which hee the said W K now hath, might, should, or ought to have, or claim, of, in, and to the said Mansion house or Scite of the said late Monastery or Priory of &c. with the said Mannor of E, and all, and singular the lands, tenements, and hereditaments to them or either of them belonging or appertaining, and also of, in, and to the said &c. and all other the premisses, with their, and every of their appurtenances, and every part and parcell thereof, by force, vertue, or means of the said recited Letters Patents, and Indenture of Assignement aforesaid, or either of them, or by any other wayes, or means whatsoever, together with the same Indenture of Assignement to the said W K, made of the premisses as abovesaid; To have and to hold the said Mansion-house, or Scite of [Page 538] the Monastery or Priory aforesaid; The said Mannor of K; The said three Closes &c. and all and singular other the premisses, with their, and every of their appurtenances, and all the said estate, interest, and terme of yeers of him the said W K in, and to the same premisses, and every part thereof, unto the said I P his &c. to the onely use and behoof of him the said I P, and of such children as he now hath, or hereafter shall have of the body of the said E his now wife immediatly after the decease of the said W K, for, and during all such time, and terme as shall be unexpired, and then to come of the extent, or extents aforesaid, In as large and ample manner to all intents and purposes, as he the said W K now hath, might, should, or ought to have, and enjoy the same by vertue of the said recited Letters Patents, and Indenture of Assignement, or either of them, or otherwise howsoever. For quiet enjoying And the said W K for himself &c. That he the said I P his &c. and every of them shall, or may, after the decease of the said W K, during the whole terme before mentioned, under the rents, covenants, and reservations in the said Letters Patents mentioned, peaceably, and quietly hold, have, and enjoy all and singular the before bargained premisses with the appurtenances, and every part thereof to the uses before mentioned, without the let or interruption of the heirs &c. of him the said W K, or any other person, or persons by their, or any of their means, act, title, or procurement. And the said I P for himself &c. That he the said I P his &c. or some of them shall, and will within the space of three yeers next after the premisses aforesaid shall come [Page 539] into the possession of him the said I P his &c. by force and vertue of this present grant, or assignment well and truly pay or cause to be paid unto the said M F and E L the sum of &c. (viz.) unto each of them, which shall be then living at the time of such possession had as aforesaid, the sum of &c. without fraud, or covin,
In witnesse, &c.
A Release taken from one used in Trust.
TO all to whom &c. R M of &c. whereas C C and T T for, and in consideration of a certain sum of money to them paid by I L of &c. by their Indenture of bargain, and sale, bearing date &c. did grant, bargain, and sell unto the said I L and R M their heires and assignes for ever; All that their third part, in three parts equally to be divided, Recitall. of all that their messuage, or Tenement called, &c. with the appurtenances scituate &c. late in the tenure of &c. And also all, that their third part, in three parts equally divided of all that their mine of coals opened, or to be opened, or to be gotten, or digged within the grounds, or lands to the said messuage, or Tenement, called the &c. belonging or appertaining, or in any part or parcell thereof, As by the same Indenture amongst divers other covenants, and agreements more at large, it doth, and may appear; All which premisses in the said Indenture specified, so sold, and granted unto the said I L, and R M as aforesaid, was before, and at the sealing of the said Indenture Indented, and meant to be to the onely use and behoofe of the said I L and his [Page 540] heirs, now know ye, that I the said R M for, and in regard of the trust and confidence in me reposed by the said I L, have remised, released, and quite claimed, and for, and from me, and my heires do by these presents, remise, release, and for ever quite, claim unto the said I L and his heires all my right, Interest, estate, title, and demand which heretofore I have, had, or now have, of, and in the said premisses in the said Indenture specified, or in any part, or parcell thereof.
In witnesse, &c.
A Bond taken by the Sheriffes of London for ones Appearance.
KNow all men by these presents, &c. To be holden, and &c. to the Sheriffes of the Citie of London in 100. pound of goods, &c. To be paid to the said Sheriffes, or either of them, their executors &c. for the true payment whereof well and truely to be made I bind, &c.
The Condition.
THe Condition of this obligation is, That if the above bounden A B shall personally appear, before the Justices of our Lord the King, at W, in the Octaves of Saint Mar in to answer C D, and E F, of a Plea, that he render unto them 200. pounds, that then this present obligation to be void, or otherwise to stand, &c.
A Condition to finde one his Diet by the year.
THe Condition &c. That if the within TW his executors, or assignes do, and shall at his [Page 541] and their costs, and charges, find, provide and allow unto I B or any one other servant of the within named I B for the time being, good, wholsome, and sufficient diet, and victuals meet and convenient in such sort, as is now by him allowed for the time and space of one whole yeer from the Feast of the N [...]tivity of &c. next ensuing &c. At or in the now &c. And if at any time the said I B, or other servant of the said I B so to be dieted for the time being shall be absent, from his said commons by the space of six weeks or more, together at any time during the said term, if then, and so often as he shall so be absent, the said T W his executors, or assignes do and shall find and allow diet, and victuals for the said I B for so long time after the end of said term, as they shall have been absent as aforesaid, According to the true meaning of these presents, that then, &c. Or else &c.
A Letter of Attorney to enter upon Lands and to deliver a lease made to another.
KNow all men by these presents that I R R, of &c. Gent. have made, ordained, and constituted TC of, &c. my true and lawfull Attorney for me, and in my stead, and name to enter and come into, and upon the farm, and lands of T, in the Parish of &c. now in the tenure or occupation of R T, or of his assigne, or assignes, or upon any part thereof, then, and there for me and in my stead and place, to deliver as my deed unto H M of &c. or to his assignes, one Indenture whereunto I have already sealed, bearing date, &c. made between me the said R R on the one part and the said H M, on the other importing a [Page 542] lease of the farm, and lands unto the said H M, his executors, Administrators, and assignes for the term of four years next &c. as in and by the same Indenture more at large appeareth, which Indenture after the same shall be so delivered by my said Attorney, I the said R R do promise by these presents, shall be my effectuall deed in Law to all intents, constructions, and purposes as if I the said R R had sealed and delivered the same then and there my self.
In witnesse whereof, &c.
A defeasance upon a Bond sued to A Iudgement.
THis Indenture made the &c. between W R, of &c. on the one part, and I P and G H of, &c. on the other part witnesseth, That whereas the said I, and G, together with one E A of &c. by one obligation bearing date &c. became joyntly and severally bounden unto the said W R in the sum of, Recitall of the Bond. &c. with conditions thereupon made for the payment of &c. As by the same obligation, and condition thereof at large appeareth; which said sum of, &c. or any part thereof, or any thing in lieu of the same was not paid unto the said W R, in the said &c. nor any at time before or sithence, by meanes whereof the said obligation became meerly forfeited. And whereas the said W R hath brought severall Actions of debt in the Kings Maiesties Court of Commons Pleas at Westminister, upon the said obligation, against the said I P, and C A upon which said Actions severall Judgements are had in the said Court, Yet neverthelesse the said W R is contented, [Page 543] and pleased, and doth covenant that he the said W R, Not to take out execution untill &c. his executors, nor administrators, nor any of them, shall at any time before &c. take out any execution, or executions upon the said Judgements, or either of them, And further the said W R doth &c. That if the said I P, and G A or either of them &c. do pay, &c. That then he the said W R his executors, or administrators, shall upon request made, and at the charges of the said I P and G A &c. shall not only acknowledge satisfaction upon Record of, To acknowledge satisfaction &c. upon payment. and for the said severall Judgements, but shall also deliver unto them the said &c. the said obligation to be cancelled, and the said I P and G A to be thereof, and of the said Judgements discharged. In witnesse whereof &c.
A Recognizance from one to one.
A B. of H. in the County of S before our Lord the King in his Chancery personally being acknowledged to owe to P W, of &c. 200. pounds of &c. to be paid to the said P W his executors &c. in the feast of &c. after the date of [...]his Recognizance, and unlesse he do it, he willeth and granteth for him, his heires &c. that the said sum of money may be levied and recovered of his goods, Chattels lands, tenements, and hereditaments to the use, and behoofe of the said P W his heirs &c. for ever, wheresoever they shall be found within the Kingdom of England: witnesse our Lord the King at W, &c.
A Recognizance from two to one.
W I, of &c. and I H of &c. being personally before our Lord the King in his Chancery, did acknowledge themselves, & each of them did acknowledge himself to owe to I B, of lawfull money of England, to be paid to the said I B or his Attorney certain, his exe. &c. upon the feast of Saint Michael the Archangel next ensuing the Date of this Recognizance: And except he do it, he willeth and granteth for himself, his heirs, &c. and either of them, that the said sum of money should be leavied and recovered of his goods, chattels, lands, tenements, and hereditaments, to the use and behoof of him the said I B, his heirs, &c and assignes for ever, wheresoever they shall be found within the Kingdom of England. Witnesse our said Lord the King at Westminister the 20. day &c. In the yeer of the reign our said Lord Charles by the Grace of God of England &c.
A surrender of a Lease for obtaining a New Lease.
TO all people &c I A S, &c send greeting, &c. whereas I the said A, now am and stand lawfully possessed of a lease for term of my life to me, made and granted by &c. bearing date &c. of and in &c. All which premisses are scituate &c. and are of the yearly value of &c. As by the said &c. Now know ye, That I said A, have granted [Page 545] and surrendred unto the said &c. his heires und assignes, the said messuage &c. demised by the said &c. to mee the said A. by the said recited indenture of lease as aforesaid, and all the estate, right, title, interest, terme for live and demand whatsoever of me the said A. of, in and to the said messuage and other the premisses with the appurtenances, and of, in and to every part and parcel thereof, by force and vertue of the said recited Indenture of lease or otherwise whosoever, together also with the said Indenture of lease, to the intent neverthelesse that the said &c. may by his Indenture of lease, make a new demise and grant of the premisses to I H and C his wife, and N their son for term of their natural lives, and the life of the longest liver of them successively, or otherwise, as shall be thought convenient, and for and under the accustomed yearly rent, and under such provisoes, covenants and articles as shall be thought fit therein to be comprised.
In witnesse, &c.
A revocation of a suit.
TO all people &c. I A B sends greeting &c. whereas an action hath been brought at the common law in my name against P F upon a bond wherein the said P F and one D W. became bound unto me in the summe of &c. with condition to pay &c. at or in &c. on the &c. as by the same obligation &c. Now know yee, that I the said A B [Page 546] do by these presents revoke and withdraw the said action and suit brought against the said P F upon the said abligation, and all proceedings thereupon had in my name, and doe also countermand all letters of atturnie, and other authorities whatsoever by mee heretofore made or given to any person or persons for the prosecuting of any action or suits upon the said bond: and do also signifie and declare that my will and pleasure is, that no action or suit shall at any time hereafter be brought or commenced against the said P F and W D nor either of them, nor their, nor either of their heirs &c. upon the said obligation.
In witnesse, &c.
An Indenture of partition.
THis INDENTURE made the &c. between I H &c. on the one partie; and J M &c. on the other partie, Witnesseth, that whereas the said J H and J M are and do now stand seized in their demeasn as of fee in common undivided, of and in one messuage or tenement and one yard land therunto belonging, now or late in the tenure &c. situate &c. It is (now to the end a perpetual partition and divison shall be had and made between the said parties of and in the said &c. and other the premises aforesaid) covenanted, concluded and agreed by and between the said parties to these presents in manner and form following. And first, the said J H for himself &c. that the said J M his heires and assignes, [Page 547] shall from thenceforth have, hold, and peaceably enjoy in severalty to him, and to his heirs for ever, to his and their own proper use and behoof, of the said premises (reciting his partition) And that he the said J H nor his heires shall from henceforth claim or demand any right, title, use, possession in or to the same or any part thereof, but that the said J H and his heirs and assignes shall at all time and times hereafter from all actions, right, title and demand thereof or thereunto, be utterly excluded, and for ever debarred by these presents. And the said J M for himself &c. that he the said J H his heirs and assignes shall from henceforth have, hold and peaceably enjoy in severalty to him the said J H his heirs and assignes for ever to his and their own proper use and behoof the aforesaid &c. And he the said J M nor his heires shall not from henceforth claim &c. (ut supra.) And in consideration of the said portion, and for as much as the part and portion by these presents allotted and assigned to the said J H and his heires were at the ensealing thereof, of more and greater value then the said part and portion before allotted and assigned to the said J M and his heirs, he the said J H hath at the ensealing of these presents well and truly paid to the said I M the summe of &c. whereof &c.
In witnesse, &c.
A grant of a rent, reserved by lease.
THis INDENTURE made the &c. Witnesseth, that whereas W B &c. (reciting the lease) as in and by the same recited Indenture of lease &c. Now this indenture further witnesseth, Considerat. that the said W B for and in consideration of a certaine competent summe of &c. hath demised, granted, and to farm letten, and by these presents doth demise, grant, Demise. and to farm let unto the said A B the reversion and remainder of the said shop, ware-house, chambers, and other the premises, by the said Indenture of lease demised, together also with the said yearly rent of &c. thereby reserved, and the counterpart of the same Indenture of lease, under the hand and seal of the said &c. To have and to hold, possesse and enjoy the said reversion and rent of &c. and every part thereof unto the said A B his executors, Habendum. administrators and assignes from the day of the date of these presents forth wards, for and during all the residue of the aforesaid term &c. yet to come and unexpired. Yeilding & paying therefore yearly, Reddend. during the said term, unto the said W B his &c. at the feast of &c. only one pepper corn (if the same shall be lawfully demanded.) And the said W B for him, That he is lawfully seized, and hath power to demise. his &c. That hee the said W B. at the time of the ensealing [Page 549] and delivery of these presents is very true, perfect and lawfull owner and possessor of the said demised reversion and rent, and is at the ensealing and delivery of these presents lawfully and absolutely possessed thereof. And that he the said W B hath full power, and right, and just and true title and lawfull authority to demise and grant the said reversion and rent of &c. unto the said A B his executors, administrators and assignes for and during all the rest and residue of the said term of &c. in manner and forme aforesaid, according to the true intent and meaning of these presents. And furthe [...] that he the said W B his heirs, executors and administrators and every of them from time to time, and at all times hereafter, during the said term, shall and will cleerly exonerate, acquit, discharge, saye and keep harmlesse as well the said, A B his executors, To discharge the premises from incumbrances. administrators and assignes, as the said demised reversion and rent, of and from all former bargains, sales, gifts, grants, leases, forfeitures, titles, claimes, demands and incumbrances whatsoever. And moreover, the said W B for him &c. that the said yearly rent of &c. shall continue, remain, and be from henceforth, during the rest and residue of the term yet to come, before mentioned, due and payable unto the said A B his executors, administors and assignes, according to the said Indenture of lease, and the tenor, effect and true meaning of these presents.
In witnesse, &c.
Note, that the tenant must atturn, or nothing passeth.
A Letter of Atturnie upon a specialty being not due, with covenants to justifie Actions.
TO all &c. to whom this present writing shall come, Sir T R &c. sendeth Greeting in our Lord God everlasting. Whereas H G of &c. Gen [...]eman, in and by one obligation, with condition thereupon endorsed, bearing date the &c. is and standeth bound unto the said Sir TR in the summe of &c. of lawfull &c. conditioned for the true payment of &c. on the &c. next &c. at or in the &c. as in and by the same obligation and condition thereof at large appeareth. Now know ye, that the said Sir T R. for divers good considerations him moving, hath assigned, ordained and made, and in his stead and place put and constituted his trustie and welbeloved friend R D Citizen &c. his true and lawful Atturnie, for him and in his stead and name, and to the only proper use and behoof of the said R D to ask, require and receive of H G his executors, administrators or assignes the said summe of &c. on the &c. next coming, and if default be made in payment of the said summe of &c. at the said day and place aforesaid. Then he the said T R doth by these presents make, ordain, constitute and appoint the said R D to be his true and lawful Atturnie, for him, in his name, and to the only use of the said R D to ask, leavie, recover, demand and receive of the said H G his executors and administrators the summe of &c. so forfeited unto him the [Page 551] said T R for non-payment of the said summe of &c at the day, time and place aforesaid: Giving, and by these presents granting unto his said Atturnie his full power and lawful authoritie in the premises; and for non-payment of the said summe of &c. or any part thereof, the said H G his heires, executors, administrators and assignes or any of them, to arrest, sue, implead, imprison, and out of prison to deliver, and pleas and prosecutions against them and every of them, to sustaine and maintain according to all the course of the law; and upon the receipt thereof, or of any part thereof, acquittances or other discharges for him and in his name to make, seale and deliver, and one Atturnie or more under him to substitute, and at his pleasure to revoke. And all and every other act and acts, thing and things, device and devices in the Law whatsoever, needfull or requisite to be done, in or about the premises, for him, and in his name, to doe, execute and perform as fully, largely and amply in every respect, as he himself might or could do if he were personally present. Ratifying, allowing and holding firm and stable all and whatsoever his said Atturnie, To maintaine all. or his substitute lawfully Authorized shall lawfully doe, or cause to be done in or about the execution of the premises by these presents. And the said Sir T R his heires, executors and administrators and every of them at all time and times hereafter upon reasonable request, or notice to him given, and at the costs and charges in the law of the said R D his executors, administrators or assignes or some of them shall and will maintaine, justifie and avow with effect, all and every such action and actions, writ or writs, pleas, proces, judgements and executions whatsoever, which by the said R D [Page 552] his executors, administrators or assignes shall at any time hereafter be lawfully sued, commenced, had or brought in his name against the said H O. his heirs, executors or administrators, or any of them upon or by reason of the obligation above mentioned, or of any summe or summs of mony therein mentioned or contained. And also, that hee the said Sir T R hath not at any time heretofore, neither that he, his executors, administrators or assignes, or any of them at any time hereafter, shall or will remise, Not to release without consent. release, or otherwise discharge the said G H his heirs, executors or administrators, or any of them of the said obligation above rehearsed, nor yet of any summe or summes of money therein contained, without the speciall licence, consent, or agreement of the said R D his executors, administrators or assign [...]s, or some of them thereunto first had and obtained in writing, under his or their hands or seales. And that all the benefit and commoditie that shall be recovered, obtained or gotten by means of any such action, suit, plaint, judgment and execution shall redound, come, and bee to the only use and behoof of the said R D his executors, administrators and assignes, without any accompt or other thing therefore to be yeilded or done unto the said Sir T R his executors, administrators or assignes, or any of them.
In witnesse, &c.
A Let. of atturny upon an extent, for the King to enter on certain lands, and to grant leases thereof.
TO all people to whom &c. T M Esq sends greeting in our Lord God everlasting. Whereas our soveraign Lo. the Kings Majestie that now is by his Highnesse Letters patents, sealed with the seal of his Highness Court of Exchequer bearing date &c. for the considerations therein mentioned, did deliver, grant and to farm let unto the said T M all that the Mannor of L B with the appurtenances in &c. in the County of B. in the tenure of T B Kt. or of his assignes, and also divers other lands, tenements, closes, pastures, woods, underwoods and hereditaments in the said County of &c. parcel of the said lands of the said Sir T B. Kt. and taken and seized into the hands of our said soveraign Lo. the K's. Majestie the third day of &c. last past, before the date of the said Letters patents, by reason of a writ of extent of 500 l. due by one obligation dated the &c. being found to be of the several yearly rents in the said Letters patents mentioned, as in and by a certain inquisition indented, taken at little B. in the said County of B. the said third day of &c. last past, before Sir E T Knight, then Sheriff of the County of &c. by force of a writ of extent out of the Court of Exchequer returned, and there now remaining in the custodie of his Majesties remembrancer, more plainly may appear (except as in the said Letters patents are and be excepted.) To have and to hold all and singular the premises by the said Letters patents demised, with their rights, members and appurtenances whatsoever [Page 554] (except before excepted) to the said T M his &c. from the making of the said Letters patents, for so long as the same premises in the hands of our said soveraign Lord the Kings Majestie his &c. shal remain or happen, or ought to be and remain by reason of the extents aforesaid, as in and by the said Letters patents, amongst divers other covenants, grants, articles, provisoes and agreements therein contained, more fully and at large appeareth. Now know yee, that I the said T M for divers good considerations, me to these presents especially moving, have made, ordained, constituted, and in my stead and place put my trustie and well beloved friend R K of &c. my true and lawfull attorney, for me, and in my name to enter and come into and upon the said Mannors, lands, tenements and hereditaments with their appurtenances in or by the said Letters patents mentioned to be demised, or into or upon any part or parcell thereof in the name of the whole, for me, in my name, and to my use to take and receive, detain and keep, and after such possession and seisin thereof or of any part or parcel thereof in the name of the whole, for me, in my name, and to my use, to take, receive, detain and keep, and after such possession and seisin so thereof had and taken, then to make, seal or grant leases or estates of and in the premises, and of and in every or any part or parcel thereof, unto any person or persons whatsoever to and for my most and best benefit and advantage during the continuance of the foresaid lease, by the said Letters patents. Giving and granting unto my said attorney by the tenour of these presents, my full power and authority for me and in my name to do, say, execute, finish and perform all and every act and acts, thing and things whatsoever needful and necessary to bee done in and about the premisses, as fully, wh [...]lly and [Page 555] firmly, and in as large and ample manner and form in every condition and degree, to all intents, constructions and purposes, as I my self might or could do if I were personally present: ratifying, allowing and holding firm and stable, all and whatsoever my said atturny shall lawfully do, or cause to be done in or about the execution of the premisses.
In witnesse whereof, &c.
A Covenant for the leavying of a fine.
AND the said C B for himself &c. that hee the said C B and his heirs shall and will at and before the &c. at the proper costs and charges of the said C B in the &c. according to the usual course of fines and recoveries used and accustomed, and according to the form of the said court, leavy one lawful or sufficient fine, and suffer a lawful and sufficient recovery to be had and made against him the said C B and his heires unto the said W W and F W and their heirs or the survivors of them, or to such other person or persons, as the said W and F or the survivors of them, or their heirs shall nominate and appoint of all that messuage &c. (naming the lands) with all and singular their appurtenances, situate, lying and being in C. aforesaid in the said County of B. which said fine or fines, and all other assurances and conveyances to be had, made, leavyed, acknowledged or executed of the premisses, or any part thereof, by the name or names, or in any other manner or forme shall be. And the said W W and F W. and their heirs, and all and every other person or persons, and the survivors of them, and his heirs to whom the said fine shall be leavyed or acknowledged as aforesaid, [Page 556] shal stand and be seized of all and singular the premisses, and every part thereof, to the only proper use and behoof of the said W and F and their heires for ever, to the intent a lawful and sufficient recovery may be had of all and singular the premises, and of every part and parcel thereof, according to the true intent and purpose of these presents: which said recovery shall be, and shall be alwaies deemed, adjudged and taken to be to the only use and behoof of the said C B and A P and of the heirs males of their bodies to be begotten; & for default of such issue, then to the use and behoof of the said C B and of his &c. for ever.
In witnesse, &c.
A Covenant to surrender at the next Court.
ANd the said &c. That at the next Court holden at the Manor of E in the said County of W. the said R I and his wife shall come and personally appear in the face of the said Court of the Manor aforesaid, and in the open face of the said Court, according to the custome of the said Manor, shall into the hands of the Steward of the said Court, or his deputie, surrender, resign and yeild up to the said use of T S his &c. all that their right, estate, title, interest and demand which they now have, or by any means may have of and in the said copyhold, lands and tenements with the appurtenances called or known by the said name or names of &c. or any other lands, tenements, &c. which are claimed to be holden of him by copie of Court Roll of the said Manor of W. or to the same, or to any part or parcel of the same belonging, or so reputed, esteemed or taken.
A covenant for further assurance.
ANd the said L M for himselfe, his &c. That hee the said L M and A now his wife, and the heires of the same L. and all and every other person or persons whatsoever, having or claiming, or which shall or may have, claim or pretend to have any manner of right, interest or other thing, into or out of the before mentioned premisses, or any part or parcel thereof, by, from or under the said L M, shall and wil from time to time, and at all times hereafter, upon every reasonable request, and at the cost and charges in in the law of the said &c. his heirs or assignes, doe make, knowledg, suffer and execute, or cause to bee done, made, knowledged, suffered and executed all and every such lawful act and acts, thing and things, devise and devises, conveyances and assurances in the law whatsoever, for the further, better and perfecter assurance, surety, more sure making and conveying of all and singular the said messuages, lands, tenements and hereditaments, and all other the premises aforesaid, and every part and parcel thereof, unto the said L B his &c. for ever, be it by fine or fines, with proclamation, recovery or recoveries, with double or single voucher or vouchers, deed or deeds enrolled, the enrollment of these presents, release, confirmation with warranty against all & every person and persons; or without warranty, or by all, any, or as many of the waies, means & devises aforesaid, or by any other waies or means whatsoever, as by the councel learned in the law of the said LB best may or can be devised or required, so as the said I A for the making &c. be not enforced to travel above twelve miles from his dwelling place.
A Covenant, that the Premises are discharged of incumbrances.
ANd the said A B for himself, &c. That the said Messuages, Lands, Tenements, Meadowes, Leasowes, Pastures, Woods, Rents, Reversions, Remainders, Services and Herediments, and all and singular other the premisses with the appurtenances before in and by these presents given, grantted, bargained and sold, and every part and parcel thereof, at the time of the ensealing and delivery of these presents are, and so at all times hereafter for ever from time to time shall be, remain and continue unto the said T B his heirs and assignes cleerly acquitted and discharged, or otherwise sufficiently saved and kept harmlesse, of and from all, and all manner of former bargains, sales, gifts, grants, leases, joyntures, dowers, uses, wills, intails, rents charge, rent-seck, arerages of rents, fines for alienation, statutes, recognizances, judgments, extents, seizures, intrusions, executions, and of and from all and singular other charges, titles, troubles, incumbrances and demands whatsoever, had, made, knowledged, consented unto, procured, done or suffered, or to be had, made, knowledged, consented unto, procured, done or suffered by the said A B his heirs or assigns, or by any other person or persons whatsoever, (the rents and services from henceforth to be due to the chief Lord or Lords of the Fee or Fees, whereof the premisses are holden, only excepted.)
A Covenant, that he is lawfully seized, and hath power to demise.
ANd the said G H for himselfe &c. That he the said G H at the time of the ensealing and delivery of these presents, is and standeth lawfully seized of an indefeizible estate of inheritance in Fee-simple or Fee-taile, of and in all and singular the before demised premisses with the appurtenances, and every part and parcel thereof, without any manner of condition or limitation of use or uses, to alter and change the same; and also that he the said G H now hath full power, true Title, and absolute Authority to demise, grant &c. the said Messuage, Tenement or Farm, and all other the demised premisses with the appurtenances, and every part and parcel thereof unto the said I P his executors, administrators and assigns, for the term of &c. in manner and form as in and by these presents is mentioned, limited and expressed.
A Covenant, That the Lessee shall not commit waste, cut nor sell the trees, without the consent of the Lessor.
AND the said T H for himselfe &c. That he the said T H his executors, administrators and assignes nor any of them, shall not at any time hereafter [Page 560] during the said term commit, cause, procure or wittingly suffer to be done, any manner of wilful waste or destruction in and upon the premisses or any part thereof, nor shall cut, sell, take, or carry away, or cause, procure, or wittingly or willingly suffer to be cut, felled, taken or carryed away any of the woods, under-woods, or trees growing, standing and being, or which hereafter shall stand, grow or be in or upon the premisses before demised, or in or upon any part or parcel thereof, without the License, consent or agreement of the said V R his heires or assignes in writing first had and obtained.
A Liberty to make Leases.
PRovided alwayes, and the true intent &c. That it shall and may be lawful to and for the said I P at any time hereafter during &c. to lease, demise, or grant the said Manor, Lands &c. or any part or parcel thereof to any person or persons whatsoever, for the term of &c. and under such Covenants Articles and Agreements, and to such use and uses as to the said I P shall be thought meet and convenient, any thing before in these presents contained to the contrary thereof in any wise notwithstanding.
An Indenture of Covenants for passing of a Recovery in the Common Pleas to cut off an Intail.
THis INDENTURE made &c. between E C of &c of the one part, and W O and I H of &c. of the other part, Witnesseth, That it is covenanted, granted, concluded and agreed by and betweene the said parties to these presents: and the said E C shall and will permit and suffer the said W O and J H to purchase and bring out of the Kings Majesties High Court of Chancery a Writ of Entry, Sur Disseisin in le post, returnable before the Justices of the Common Pleas at Westminster, at some certain day of Return in Easter Terme next coming, by which Writ the said VV O and I H shall demand against the said E C all that Messuage, Tenement or Farm with t [...]e appurtenances, situate, &c. late in &c. and also all that close of Pasture ground, commonly called &c. containing &c. and all that close of Pasture, &c. and also all and singular Lands, Tenements, Rents, Reversions, Services, Commons, Profits, Commodities, Emoluments and Hereditaments whatsoever, with all and singular the appurtenances to the premisses, or any part or parcel thereof belonging or in any wise appertaining, by such name and names, and in such manner and form, and by such number and quantity of acres, as by the said W O and I H or the Survivors of them, or the Counsel learned of them shall be demised. To which Writ the said E C shall appear personally, [Page 562] or by Atturney in the said Court of Common Pleas, and enter into the said warranty and imparle, and shall not after depart in contempt of the Court, so as a good and perfect recovery shall and may be had in due form and order of Law, of the said Messuages, Land &c. and all other the premisses with the appurtenances, according to the usual course of common recoveries for assurances of Lands and Tenements in the said Court of Common Pleas. And that a Writ of Habere fac' seifinam shall be thereupon awarded, executed and returned accordingly. And it is further condescended and agreed by and between all the said parties to these presents, That as well the said recovery so to be had and executed as aforesaid, as also all and every other recovery or recoveries, conveyances and assurances whatsoever, which before the Feast of &c. shall be had and executed by and between the said parties to these presents or any of them of the said Messuages, Lands Tenements and Hereditaments, and all and every other the premisses with the appurtenances, or of any part or parcel thereof, by what name or names soever the same shall be so had and executed, and the full force and execution of them and every of them, shall enure and be, and shall be construed, adjudged, and taken to be and enure unto the said VV O and I H, and the Survivors of them, and the Heirs of the Survivors of them; shall for ever from thenceforth stand and be seized thereof, and of every part thereof, to the only use and behoof of the said E C. his heirs and assigns for ever, and to no other use, intent or purpose.
In witnesse, &c.
A Defeazance for payment of 100 l. per annum, for a certain time.
THis INDENTƲRE made &c. between W W of &c. and W W the younger, son and heir &c. on the one part, and R M &c. on the other part, Witnesseth; That whereas the said W W the elder, and W W the younger, in and by one Recognizance or writing obligatory of the nature of a Statute Staple lately made and provided for the recovery of debts, bearing date &c. It is now neverthelesse covenanted, granted, concluded and fully agreed upon by and between the said parties to these presents and of the parties thereunto is; and the said R M is contented and pleased, That if W W and W W the elder, or either of them, their or &c. do and shal every year yearly, from and after the &c. next ensuing the date of these presents, for and during the term of &c. from thence next ensuing and fully to be complete and ended, well and truly pay, or cause to be paid unto the said R M his &c. at or in &c. one annuity or yearly sum of C l. of lawful &c. at two daies or terms in the year; that is to say, on the &c. and the &c. from time to time every year, yearly, one next and immediately ensuing the other, by even and equal portions during the said term of &c. before mentioned; the first payment thereof to be made and begun on the &c. now next coming without fraud or covin, that then the Statute or Recognizance above recited or mentioned, shall be &c. otherwise &c.
In witnesse, &c.
An assignment of an annuitie.
TO all Christian people to whom this present writing shall come I I VV of &c. Gentleman, send Greeting in our Lord God everlasting. Whereas I G Citizen &c. by his Deed indented bearing date &c. for the considerations therein mentioned, did give, grant and confirm unto me I W one Annuity or yearely rent of &c. for the term of the natural life of him the said I G, Recital. if S L Wife of M L. Citizen and &c. shall so long live; As in and by the said Deed Indented (amongst divers other covenants, grants, articles and agreements therein conteined) more fully and at large, it doth and may appeare. Now know ye, that I the said I W for good considerations me moving, Consideration. have assigned and set over, and by these presents do assigne and set over unto the said S L the said Annuity or yearely pension of &c. To have and to hold the said Annuity or yearely rent of &c. aforesaid unto the said S L and her assignes, in as large and ample manner and form, as I the said I W may or ought to have and enjoy the same, by force of the said Deed Indented or any thing therein conteined, together with the Deed Indented or any thing herein contained.
In witnesse whereof &c.
An Indenture of Defeasance for the making void of all former Statutes, payment of the mony, and performance of covenants.
THis INDENTURE made the &c. Between A B of &c. on the one part; and A E of &c. on the other part, Witnesseth, That whereas the said E A in and by on Recognizance or writing obligatorie, of the nature of a Statute staple lately made, and provided for the recovery of debts bearing date &c. taken, sealed and acknowledged before Sir T R Lord Chief Justice of England, is, and standeth joyntly and severally bounden unto the said A B in the sum of &c. payable as in and by the said recognizance or writing obligatory of the force of a Statute staple, more fully and at large it doth and may appeare. It is now neverthelesse covenanted, granted, concluded and agreed, by and between the said parties to these presents, and the true intent and meaning of these presents, and of the parties thereunto is, and the said A B is contented and pleased, that if the said E A his heires, executors and assignes do or shall, at or before the &c. discharge and duely make void, upon Record as well all and every Statutes merchant and of the staple, as also all recognizances heretofore acknowledged, and entred into by the said E A either by himself alone, or joyntly with any other person or persons (the Statute above recited o [...]ly excepted) and thereof bring, deliver and leave Certificates under the hands of the [Page 566] Clarks of the said several Offices, or their deputies in that behalf, at or in the &c. to and for the said A B his executors or assignes, at or before the said &c. day of &c. next ensuing; And also if the said E A his heires, executors, administrators or assignes or any of them do well and truly pay or cause to be paid unto the said A B his heirs or assignes or to some one of them, the full summe of &c. at, or in &c. in manner and form following: That is to say, on the &c. in full satisfaction and payment of the said summe of &c. And also if the said E A his heires, executors and assignes doe and shall well and truly observe, perform, fulfil, accomplish and keep all and singular the covenants, grants, articles and agreements, which on his and their parts and behalf are, and ought to be observed, performed, fulfilled, accomplished and kept, comprized and specified in one paire of Indentures, bearing date &c. made beeween the said A B of the one part, and the said E A on the other part, According to the true intent and meaning of the said Indentures: That then the said Recognizance, or writing obligatorie above recited or mentioned, shall be utterly void and of none effect: otherwise the same shall stand and abide in full force.
A Bond to Church-wardens, conditioned to pay 4 li. per Annum, to the poor of the Parish, and upon the death of any surety to put another in his stead.
WEe A B. G G. &c. to be ho [...]en to R M and T C &c. now Gardians of the goods and ornaments [Page 567] of the Parish-Church of Saint &c. in C &c. The condition of &c. that whereas R D late of the Parish of &c. deceased, by his last Will and Testament bearing date &c. did amongst divers other Legacies and bequests, give and bequeath to the Poor of the said Parish the summe of one hundred pounds to be divided and distributed at the discretions of the Church-wardens of the same Parish, for the time being, as followeth: viz. one fifty pounds thereof to and amongst the poor dwelling within the three precincts of the streets side of the said Parish, and the other fifty pounds to and amongst the poor of the same Parish, dwelling in Chancery Lane, as by the said last Will of the said R D (amongst other things) may more at large appeare. And whereas upon the motion of the right honorable Sir Julius Caesar K t. Master of the Rolls, and with the liking and consent of the Common Councel, and other Ancients of the said Parish of &c. aforesaid, the abovenamed R M and T C Church-wardens of the said Parish have delivered and paid on the day of the date of these presents, unto the above bounden A B and G G &c. the sum of 50 li. of lawful English mony, parcel of the 100 li. above mentioned, To the intent and purpose, that they or their assignes, and such other person or persons to whose hands and custody the said 50 li. shall hereafter happen to come, shall every yeare, yearely, truly distribute and give to and amongst the poor of the said Parish dwelling in Chancery-lane, within the liberties of the Rolls in the County of Middlesex, the sum of 4 l. of currant English mony, reserving the said 50 li. whole as a continual Stock, to be from time to time so imploid to the use of the poor of the said Parish and place aforesaid. If therefore the said A B. G G &c. or some of them do, and shall form henceforth every yeare, yearly, for [Page 568] ever, on the &c. for every yeare well and truly give, pay, disburse and distribute to and amongst the poor of the said Parish of &c. dwelling in Chancery-lane within the liberties of the Rolls, in the County of Middlesex, by the advice, direction and assistance of the Church-wardens of the said Parish for the time being, and their successors, the yearely sum of 4 li. of &c. according to the purport and true meaning of these presents: the first payment and distribution thereof to be made and performed on the &c. which shall be &c. And also if it shall happen the said A B. G G &c. or any one or more of them, to die and depart this life, or shall otherwise be reputed to be decayed and insufficient in estate: Then if the Survivor or Survivors of such person or persons so dying, or the rest of them which shall remain sufficient, and not decaied, or some of them doe and shall within &c. next after request in that behalf made unto them or any of them by the Church-wardens of the said Parish for the time being, or either of them, procure, or cause one other or more sufficient and able person in the place or stead of him, or them so dying or decaying as aforesaid, to become bound unto the Chuch-wardens of the Parish aforesaid for the time being, or to such other persons as they or the Common Councel, and ancients of the said Parish shall nominate and appoint to take the same, in one other sufficient obligation of the like penaltie of 100 li. and with condition of the like just and true payment and distribution of the sum of 4 li. to, and amongst the poor of the said Parish, and of the place aforesaid, as is before in these presents limited and expressed (mutatis mutandis.) That then &c.
A Discharge of an apprentice from his service.
TO all Christian people &c. I F VV of &c. send Greeting. Whereas I N by his Indenture bearing date &c. did put himself Apprentice to me for the term of &c. commencing &c. as by the same Indenture may appeare. Now know ye, that I the said F VV for good considerations me thereunto moving, do by these presents, clearly and absolutely discharge and set free the said I N of, and from my service, so as neither I, nor any for me, shall or may at any time hereafter, ask, claim or demand any service of the said I N by vertue of the said Indenture, or otherwise. And also I do hereby remise and release unto the said I N all actions, causes of actions, service and demands whatsoever, which I now have, or hereafter may have against him by reason of any act whatsoever, from the beginning of the World until the day of the date of these presents.
In witnesse &c.
A Condition for passing a Fine.
THe Condition of this Obligation is such, that if the within bounden W E and A now his Wife, and the heires of the same W. at the costs and charges in the law of the within named R W his executors &c. before the Feast of S t. J. B, next ensuing the date &c. do and shal levie one fine at the common law of one messuage or tenement mentioned to be demised [Page 570] to the said R M in and by one Indenture of Lease bearing date &c. made between the said W E on the one part, and the said R M on the other part, according to due course of Law, by such name and names, and in such manner and form, as by the said R M his, &c. or their Councel learned in the Law, shall be devised or required, as well for the barring of the said A from her title of Dower, in the premises, as for the better assuring and confirming of the premises unto the said R M his executors, administrators and assignes for and during the several termes by the said Indenture of Lease, granted under the rent, in and by the same Indenture reserved against the said VV E his heirs and assignes, according to the true meaning of the said Indenture, that then this present &c.
A condition to save harmless of a Recognizance taken, for ones appearing.
THe Condition &c. That if the within bounden I R his &c. do at all times hereafter, and from time to time shall clearly acquit and discharge, or sufficiently save and keep harmlesse the within named G S. and N B or either of them, their &c. against our Soveraigne Lord the King, and all others of and from &c. where &c. or either of them, stand charged or bound to our said Soveraigne Lord the Kings Majesty, for the said I R, or for his personal appearance in his Majesties Court of Record, called the Kings Bench at VVestm. in Trinty Term next, to answer all such matters as then and there shall be objected against him, and of and from all and every [Page 571] sum and sums of money, matter, thing and things whatsoever in the said Recognizance and Recognizances, and every of them, mentioned and contained, and of and from all actions &c. that shall or may arise or grow touching the same or any of them in any manner of wise, That then &c.
An Indenture of Apprentiship.
THis INDENTURE Witnesseth, That E B son of I B late of &c. of his free and voluntary will hath put himself Apprentice to R B. C. and &c to the Science which he now useth to be taught, and with him after the manner of an Apprentice to dwel and serve from the Feast of &c. from thence next ensuing, and &c. unto the full end and term of &c. by all which term of &c. the said Apprentice, the said R B well and faithfully shall serve, his secrets keep close, his commandments lawful and honest every where he shall gladly do, hurt to his said Master he shall not do, nor suffer to be done to the value of xii d or more by the year, but shall let it if he may, or else immediately admonish his said Master thereof; the goods of his said Master he shall not waste, nor them to any body lend; at Dice, nor at any other unlawful games he shall not play, whereby his Master may incur any hurt; Fornication in the house of his said Master nor elsewhere he shall not commit; Matrimony he shall not contract; Tavernes he shall not frequent; with his own proper goods or any others during the said term, without the special license of his Master; he shall not absent himself from the service of his said Master day nor night; he shal not absent or prolong himself, but in all [Page 572] things as a good and faithful Apprentice shall beare and behave himself towards his said Master and Mistris, and all his during the term aforesaid. And the said R B to his said Apprentice the Science which he now useth, shall teach and inform, or cause to be taught or informed the best way that he may or can, after a due manner of chastisement; and also shall find to his said Apprentice, meat, drink and bedding, and all other necessaries meet and convenient, for and during the term aforesaid.
In witnesse &c
A Condition to repay all such charges as the Tenant shall be at by reason of the payment of his rent, there being controversie concerning the Title of the house.
THe Condition &c. That whereas there is a controversie or question between the above bound E H and others touching their several rights or interests to the now dwelling house of the above-named T T, situate neer Holborne Bridge London, and whereas upon an Agreement between the said E H and T T, the said T T is contented to pay the Rent of his said house, being 5 l. per Annum, unto the said E H as the same shall grow due according to his Lease; if therefore the said E H her Executors or Assignes do and shall well and truly pay or cause to be repaid unto the said T T, his Executors and Assignes all such rent, sum and sums of mony, charges and damages whatsoever as shall by due proceedings in the Law be adjudged or decreed, [Page 573] or both, against him the said T T his executors, &c. and all other costs and damages whatsoever which he the said T T shall sustain or be at by reason of any Actions, Suits or Forfeitures whatsoever, which shall or may happen to be unto the said T T his &c. by reason or meanes of the payment of the said rent, or any part thereof unto the said E H her Executors, Administrators or Assigns, That then this, &c.
A Condition to discharge the Churchwardens and Parishioners of a child born in the Parish.
THe Condition &c. That whereas one M P hath of late been delivered of a man-child within the Parish of &c. within written; to which child the within bound H G by his own voluntary confession, doth acknowledg himself to be the fathet: If therefore the said H G his heirs &c. and every or any of them do from time to time, and at all times hereafter, fully and cleerly acquit, discharge and save harmless, as well the within named I B and H L churchwardens of the Parish Church of &c. aforesaid, and their Successors for the time being, and every of them, and also all the Inhabitants and Parishioners of the said Parish, which now are, or hereafter shall be, for the time being, and every of them, of and from all and all manner of costs, charges and expences whatsoever, which shall or may in any manner of wise at any time hereafter arise, happen, come, grow or be imposed upon them or any of them, for or by reason or meanes of the birth, education, nourishing and bringing up of the said child, and of and from all other Actions, [Page 574] suits, charges, troubles, impeachments and demands whatsoever, touching or concerning the same. That then &c.
A condition for the surrender of copy-hold lands, and to cause him to be admitted Tenant.
THe condition &c. That if the within bounden I K. and his heirs, do, and shall at the next Court to be holden for or within the Mannor of H. within the County of E. sufficiently, and in due forme of law, surrender and yeild up unto, and for the use and behoof of the within named L M his &c. or of such other person or persons, and their &c. as the said L M shall nominate and appoint, all that his copy-hold, tenement or messuage and lands thereunto belonging, containing by estimation sixteen acres, be it more or lesse, now or late in the tenure or occupation of N O or of his assignes, parcel of the Mannor of H aforesaid, with all and singular out-houses, easements, commodities and appurtetenances to the same belonging, cleerly acquitted, and discharged of all dowers and title of dowers whatsoever; and do also then and there procure and cause the said LM or such other person or persons by him to be nominated as aforesaid, to bee only and lawfully admitted tenant of the same premisses so to be surrendred, according to the custome of the same Mannor. That then this &c.
Another for quiet enjoying.
THe condition &c. That if the within named R I his &c. and every of them shal or may lawfully, peaceably and quietly have, hold, occupie and enjoy the Mannor of S with the appurtenances in the County of O, with all lands, tenements, pastures, feedings, rents, court leets and advowsons, woods, underwoods, and all other hereditaments thereunto belonging or appertaining, without the let, trouble, suit, eviction, disturbance or contradiction of the within bound Sir VV G Kt. Sir M G Kt. and L G Esq or any of them, their, or any of their &c. or any of them, or any other person or persons whatsoever, having, claiming, or pretending to have any manner of right, title, interest and partie, or claime or demand, of, in or to the said Manor and premises aforesaid, or of, in or to any part or parcel thereof, by, from or under the said Sir VV G. Sir M G. and R G. or either, or any of them according to the tenor, purport, effect and true meaning of one indenture of assignment bearing date the &c. made and sealed by the said Sir VV G unto the said R I. of the premisses aforesaid, as by the said Indenture may appear. That then &c.
Another for the assurance of land.
THe condition &c. that if the within bound W B shall upon reasonable request to him to be made, [Page 576] by the within named T H his heires or assignes on this side and before the feast day of &c. next ensuing the date within written, convey and assure unto the said T H his executors and assignes for ever, one close of pasture, containing by estimation one acre, abutting upon F towards the South &c. all which premisses are situate, lying and being in the parishes, townes and fields of N and O, or in some other, or one of them in the County of B. by such conveyance and assurance in the law, as by the said T B his heires or assignes, or by his or their Counsel learned in the lawes of this Realm, shall be reasonably devised or advised and required, discharged of all incumbrances whatsoever, (the chief rents and services only excepted:) And also if the said VV B his &c. and every of them doe, and shall untill the said conveyance and assurance shall be made and passed as aforesaid, quietly permit and suffer the said T H his heirs and assignes, to have, receive, perceive, and take to his and their own proper uses and behoofs, the rents, issues and profits of all and singular the premisses, and of every part and parcell thereof, without any manner of let, suit, trouble, disturbance or contradiction of the said N B his &c. or any of them, or of any other person or persons whatsoever, by his, their, or any of their means, right, title, interest or procurement. And without any accompt or any other thing therefore to be yeilded, paid or done unto the said VV B his heirs [...] assignes, or to any other person or persons whatsoever. That then this present &c.
A condition to pay a sum of mony, after ten pounds per centum, if the party be living at the day of payment, if dead, to abate the interest, and some of the principal.
THe Condition of &c. That if the within bounden R S or his assignes, at or in the now dwelling house of &c. the sum of 110 l. of &c. one the &c. next ensuing the date within written (if the said D S shall be in and upon the same day bodily living.) And if it shall happen the said D S to depart this transitory life before the said tenth day of &c. aforesaid, then in that case, if so be the said R S his heirs, executors, administrators or assignes, or any of them do well and truly pay or cause to be paid unto the &c. of the said D S on the said &c. next, and at the place aforesaid, only the sum of 90 l. of lawful mony of England, without fraud or covin, that then this present obligation to be void, and of none effect, or else to stand and abide in full strength, force and vertue.
A Condition to lend a sum of mony at a certain day nominated for a certaine time then following, without interest.
THe condition of &c. That if the within bounden Sir I VV Knight, and N Y or either of them [Page 578] do and shall on the tenth day of &c. next ensuing the date within written, deliver and lend unto the within named E P at or in the &c. the full sum of &c. of lawfull mony of England, upon the single bond of the said E P until the nine and twentieth day of &c. then next ensuing, without loane, interest, or other consideration to be had for the same. That then &c.
Another for payment of an annuity.
THe Condition &c. That if the within bound T R and T P or either of them, their, or either of their &c. or any of them do and shall every year yearly from and after the feast day of &c. next ensuing the &c. for and during the term of &c. then next ensuing, well and truely pay or cause to be paid unto the within named I S his &c. one annuity or yearly rent or sum of &c. of lawfull money of England by the year, at four usual feasts or terms in the year; that is to say, on the feast dayes of &c. by even and equal portions, the first payment thereof to be made on the feast day of &c. next ensuing &c. that then this obligation to be void and of none effect; but if default shal happen to be made of or in the payment of the said annuity or yearely rent, or sum of &c. at any of the said feast dayes, in which the same ought to be paid, and at any time during the said terme of &c. contrary to the true intent and meaning of these presents, That it shall stand and abide in full force, strength and vertue.
Another to pay a certain sum of money at a day, and then to put in other Sureties for payment of another sum at a day then following.
THe Condition &c. That if the within bounden J G, his &c. or any of them do well and truly pay or cause to be paid unto the within named C D. his &c. the full sum of &c. at or in the &c. on the &c. and then also do, and shall procure and cause one other sufficient surety to become bound with him the said J G. his executors &c. unto the said C D. his executors &c. by their obligation in due form to be made, in the penaltie of &c. for the true payment of &c. more of &c. then next following, and which shall be in the year of our Lord God 1636. at the place aforesaid, without fraud. That then &c.
A Condition for performance of an Award
THe Condition of &c. That if the within bounden W L his executors or administrators do for his and their parts and behalf in all things well and truly stand to, observe, perform, fulfil and keep the Award, Arbitrament, Order, finall end, determination and judgment of A B of &c. C D &c. and E R Arbitrators indifferently elected, named and chosen, aswell on the part and behalf of the said W L, as on the part and behalf of the within named R. B. I. to arbitrate, [Page 580] award, order, judg, determine, and a finall end to make of or upon, touching and concerning all and every action and actions, suits, variances, sum and sums of money, claims and demands whatsoever, had, moved, depending, stirring, or having been, or now being in question, suit, trouble or controversie between the said parties, for or by reason or means of any manner of Cloth or Clothes by the said C I. or his servants or assignes, for J M. Citizen and Merchant-Taylor of London, and the said VV N. or either of them, during the continuance of the late Copartnership, or the supposed Copartnership had between them the said VV and J. touching onely the said Copartnership, in any manner of wise; so as the same Award, Arbitrament, finall end, determination and judgment of the said Arbitrators of and upon the premises or any part thereof be made and put in writing under their hands and seals ready to be delivered to the said parties on or before the &c. next ensuing the &c. That then &c.
A Condition to save harmless of a Recognizance taken for ones appearance.
THe Condition &c. That if the within bounden J R. his heirs &c. do at all times hereafter, and from time to time cleerly acquit and discharge, or sufficiently save and keep harmlesse the within named G S and B N and either of them, their or either of their heirs, executors and administrators, against our Soveraign Lord the King and all others, of and for all and every such Recognizances or Recognizance, wherein and whereby they the said G S and B N. or either of them stand charged or bound to our Soveraign [Page 581] L. the Kings Majestie for the said I R or for his personal appearance in his Majesties Court of Record called the Kings Bench at VVestminst' in Trinity Term next, to answer all such matters as shall be objected against him, and of and from all and every sum and sums of money, matter, thing & things whatsoever in the said Recognizance and Recognizances and every of them mentioned or conteined, and of and for all actions, suits, costs, losses, troubles, extents and dammages that shall or may arise or grow touching or concerning the same, or any of them, in any manner of wise. That then &c.
A Condition to save harmlesse for the bailing of one at two severall actions.
THe Condition &c. That whereas the within named J D. at the speciall instance and request of the within bound A B. hath mainprised and taken to bail the said A B in the Sheriffs Court holden in the Counter in Woodstreet London, of and for two Actions; the one of Trespass, damages 20 li. at the suit of &c. and the other of Debt, upon the demand of &c. at the suit of &c. as by the Records of the same Court may appear. If therfore the said A B. his executors &c. and every of them do at all times hereafter and from time to time shall cleerly acquit and discharge and otherwise sufficiently save and keep harmlesse the said J G. his &c. and every of them, and all his and their goods and chattels, and every parcell of them, against all persons whatsoever, of and for the mainprising and taking to bail of the said A B. and of and for the severall actions aforesaid; and of and [Page 582] for all actions, suits, costs, troubles, damages, executions and demands whatsoever, that shall or may arise or grow, touching and concerning the premises or any of them in any manner of wise; That then this present obligation to be void and of none effect, or else &c.
Another for payment of mony if a man be non suited.
THe Condition &c. that whereas one E G of &c. is admtted to sue in forma pauperis in his Majestie Court of &c. against W W and A B for the recovery of certain lands and tenements in the County of &c. if the said E G shall be non-suited in the said Action, or that the same Action shall passe against him by verdict, or otherwise; then if the above named R R or the said E G their &c. or any of them do and shall truly pay or cause to be paid all and singular such costs, charges and sums of mony, as by any of the Judges of the said Court, shall in that case be thought convenient, or awarded, without fraud. That then &c.
Another for to pay a sum of mony at a day, and then to put in other security for the payment of another sum, at a day then following.
THe Condition &c. that if the within bounden A P or either &c. do well and truly pay &c. [Page 583] unto the &c. at or in the &c. and also if the said H P his &c. do or shall on the said &c. day of &c. next, at the place aforesaid, become bound with good and sufficient sureties to the likeing of the said &c. her &c. by their obligation in due form of law, to be made and delivered unto the said &c. her executors, administrators and assignes in the summe of &c. unto the said Dame &c. her &c. in the &c. next &c. at or in the &c. That then &c.
A Condition for performance of covenants.
THe Condition &c. that if the within bounden H W his &c. and every of them do well and truly observe, perform, fulfil, accomplish and keep all and singular the covenants, grants, articles, clauses, conditions and agreements whatsoever, which on his or their parts and behalves are or ought to be observed &c. mentioned and comprised in one pair of Indentures of Lease bearing date the within, written, made between the within named E W of the one part, and the said H M of the other part, according to the tenor, effect and true meaning of the same Indentures. That then &c.
An Indent. of covenants concerning a bargain and sale of a Manor, with a Proviso.
THis INDENTURE made the &c. Between W P of &c. on the one part; and &c. on &c. Witnesseth, That whereas the said I H and R B by their writing [Page 584] or deed Indented bearing date the very daie and yeare of these presents, for the considerations therein mentioned, Have granted, bargained, sold, assigned and set over, and confirmed unto the said W P his heires &c. for ever; Not only one indenture of lease bearing date &c. in the &c. made by T H Father of the said I H for the Term of threescore yeares, unto him the said I H. Commencing from the date of the same Indenture of Lease (If he the said T H should so long live) of all those three Yard-land with the appurtenances in W aforesaid being, or being accompted to be the ancient demeasne Lands of the Manor of W thentofore purchased by T H. of R S Esquire, and all that his Yard and half of Land lying in W aforesaid, lately purchased of one H H, with all Hads, Leyes, Banks, Lot-grasse, Commons, waies, easements and commodities thereunto belonging; And all that Dove-house, Close or new Orchard in W aforesaid, to the said three Yard-land belonging or appertaining, or therewith used, occupied or enjoyed (All and singular Tithes, then after to grow due for, out of, or in regard of the premises, excepted and foreprised) as by the said Indenture of Lease more at large appeareth, but also the remainder of all and singular the said Manor of W, were it a Manor indeed, or reputed; And also of all that the Capital Messuage of W in the County of O aforesaid, wherin the said T H then, and yet dwelleth; Together with the said three Yard-land purchased of the said R S as aforesaid, and called and known by the name of the ancient demeash lands of the Manor of W. and also of and in the said I H lying and being in W aforesaid (the advowson of the Church of W excepted) as by the said writing or deed Indented, acknowledged [Page 585] to be enroled in his Majesties high and Honorable Court of Chancery, to which reference being had, more at large it will and may appeare. Now this Indenture further witnesseth, that the said I H for the consideration in the said Indenture specified: hath bargained and sold, and by these presents doth bargaine and sell unto the said W P his &c. all and singular Deeds, Evidences, writings, Charters, Letters patents, counterparts of Leases, exemplifications, Escripts and Muniments whatsoever touching or concerning only the said bargained premises, or only any part or parcel thereof, which he the said R H now hath, or which he may or can come by without suit in Law. And true copies of all such other Deeds, Evidences, Writings, Charters, Letters Patents, Counterparts of Leases, exemplifications, Escripts and muniments as he the said I H now hath, or can come by without suite in law, touching the premises or any part thereof, only; together with any other Manors, Messuages, Lands, Tenements or Hereditaments; the same Coppies, and every of them to be coppied out at the costs and charges of the said W P his heirs or assignes: All which said Deeds, Evidences, Writings, Charters, Letters Patents, counterparts of Leases, Exemplifications, Escripts or Muniments touching or concerning the above bargained premises or any part or parcel thereof, together with the Copies aforesaid, to be Coppied out as aforesaid: The said I H doth for himself, his Heires, Executors and Administrators covenant, promise, grant and agree to and with the said W P his &c. by these presents, to deliver, or cause to be delivered unto the said VV P his &c. before the Feast-day of &c. next ensuing, whole, safe uncancelled and undefaced. And the said I H [Page 586] for himself, his &c. and for every of them covenanteth and granteth to and with the said W P. his &c. by these presents, That they the said I H and R B. or one of them, at the time of the sealing and delivery of these present Indentures, is, and untill the time of the first estate to be made and executed, according to the intent and meaning of these presents, shall be the very true, sole and rightfull Owner of the said Mannor, messuages, lands, tenements and hereditaments, and of all and singular other the premises before in the said recited Indenture of Bargain and Sale mentioned to be thereby granted, bargained, sold, assigned, set over and confirmed, with all and singular their appurtenances, and of every part and parcell thereof; and now is, or at the time of the sealing, delivery and acknowledging of the said recited Deed indented was solely, rightfully and absolutely possessed thereof, and of every part and parcell thereof, in manner and form as in the said recited Deed indented is mentioned and expressed, without any condition or limitation, use, trust, defeazance, to alter, change, or determine the same estates or any of them. And that they the said I H and R B. or one of them now have, or hath, and at the time of the first estate to be made and executed, as is before mentioned, shall have good right, full power, and lawfull authoritie to bargain, sell, assigne, convey and assure the said Mannor, messuage, lands, tenements and hereditaments, and all and singular other the premises before in the said Indenture mentioned to be thereby granted, bargained, sold, assigned, set over and confirmed, with all and singular their and every of their appurtenances, and every part and parcell thereof, unto the said W P. his heirs and assignes, to the sole and proper use and behoof of the said W P. his heirs [Page 587] and assignes for ever, according to the true intent and meaning of the said recited Indenture. And the said J H. for him, his heirs, executors and assignes, and for every of them, doth further covenant &c. to and with the said VV P. his &c. by these presents, That he the said W P. his heirs and assignes, to his and their own use and behoof, shall or may from time to time and at all times from henceforth lawfully, peaceably and quietly have, hold, occupie, possesse and enjoy the said Mannor, messuages, lands, tenements and hereditaments, and all and singular other the premises before in the said Indenture mentioned to be bargained, sold, assigned, set over and confirmed, and every part and parcell thereof with the appurtenances, aswell without any manner of let, resistance, disturbance, eviction, molestation, recovery or interruption of them the said J H and R B. or any of them, their heirs &c. as also without any lawfull let, resistance, disturbance, eviction, molestation, recoverie or interruption of any other person or persons whatsoever, freely and cleerly acquitted, exonerated and discharged of and from all and singular former and other bargaines, sales, gifts, grants, joyntures, dowers, title of dowers, Statutes merchant and of the staple, recognizances, bonds to the Kings most excellent Majestie, judgments, executions, condemnations, fines, issues, amerciaments, intrusions, rents charge, rents seck, arrearages of rents, and of all and from all other charges, titles, troubles, and incumbrances whatsoever: (The chief rents and services from henceforth to grow due to be paid and done to the chief Lord or Lords of the Fee or Fees of the premises, for and in respect onely of his or their Seigniory or Seigniories, onely excepted and foreprized.)
And the said J H. for him, his &c. and every [Page 588] of them further covenanteth and granteth to and with the said W P his heires and assignes by these presents, that he the said I H and his heires, and all and every other person and persons, and their heires, having or claiming, or pretending to have, or which shall or may have claim, or pretend to have any lawful estate, right, title or interest, into or out of the said bargained premisses, or into or out of the said parcel thereof, shall and wil from time to time, and at all times from and after the &c. next ensuing the date of these presents, upon every reasonable request, and at the cost and charges in the Law of the said W P his heires and assignes, do, make, acknowledge, suffer or execute, or cause to be done, made, acknowledged, suffered or executed, all and every such act and acts, thing and things, devise and devises, assurance and assurances in the Law whatsoever, for the better and further assurance, surety, and sure making of all and singular the premisses with the appurtenances, unto the said W P his heires and assignes, to the sole and proper use and behoofe of the said W P his Heires or Assignes, for ever. Be it by Fine, feoffment, recovery, with double or single voucher or vouchers over, deed or deeds inrolled or not inrolled, the inrollment of this present release, confirmation with warranty against all men, or otherwise with like warranty, or without warranty, or by any other wayes or meanes whatsoever: as by the said W P. his heirs or assigns, or by his or their Counsel learned in the Lawes of this Realme, shall be reasonably devised or advised, and required; and the said VV P for him his &c. and every of them covenanteth and granteth to and with the said I H his &c. and every of them by these presents, That he the said VV P his &c. and every of them shall and will permit and suffer the said I H [Page 589] his, &c. notwithstanding the said recited Indenture of bargaine and sale, and these presents, or any thing therein contained, peaceably and quietly to hold, have, possesse and enjoy the said Manor, Messuages, Lands, Tenements and Hereditaments, and premisses with the appurtenances, and every part and parcel thereof, from time to time, and at all times hereafter until breach shall happen to be made of the proviso and condition hereafter mentioned, and to receive, perceive and take to the proper use and behoof of him the said J H his &c. all such rents, issues and profits as now are, or hereafter shall happen to arise, grow due, or become payable, for or by reason of the premises, or of any part or parcel thereof until such time as breach shal happen to be made of the proviso or condition hereafter mentioned, without the let, trouble or interruption of the said VV P his &c. and without any account to him or them therefore, or any part thereof to be tendred or given; and also, that he the said VV P his heirs &c. or some of them, upon and after full payment made of the summe of &c. according to the forme and effect of the Proviso and Condition hereafter mentioned, shall and will upon reasonable request unto him or them to be made in that behalf, convey and assure an estate of all and sigular the said premisses, with all and singular their and every of their appurtenances, unto the said I H his &c. at his and their costs and charges in the Law, to the use of the said I H his &c. during the term of &c. with warranty only against him the said VV P, and his heirs, and against all persons, any thing claiming in, by, from, and under the said VV P; and also deliver up unto the said I H his &c, all such deeds, evidences and writings concerning the premisses, as he the said W P hath received the same, without being defaced or [Page 590] impaired by the act or meanes of him the said VV P his &c. And the said W P for him his &c. and for every of them, doth further covenant, promise, and grant, to and with the said I H his &c. by these presents, in manner and form following; viz. That if so be, that the said W P his &c. shall not leave notice in writing at the capital Messuage, in W aforesaid, that he or they will refuse the said Lands and Tenements, and give warning there, that he or they will have 140 l. paid unto them at the day and place limited for payment thereof, in and by the Condition hereafter mentioned, That then the said W P his &c. or some or one of them (notwithstanding any forfeiture) shall and will well and truly pay, or cause to be paid to the said I H his &c. or some or one of them, at or in the now dwelling house &c. the full sum of &c. in full payment of the said Purchase, which said summe of &c. is agreed between the said parties, to be the full price and value of the said Manor and premisses. Provided alwayes, and it is neverthelesse conditioned and agreed by and between the said Parties to these presents, that if the said W P, his &c. shall be minded hereafter to refuse the purchase of the tenements aforesaid, and to have their or his mony again, and do and shall for that purpose by writing under his or their hand or hands expresse and signifie the same, and at and before the &c. next ensuing the date hereof, deliver and leave the said writing or notice of his or their mind and purpose, at or in the capital Messuage of W. aforesaid, that then if the said I H his &c. or any of them, do or shall well and truly pay, or cause to be paid unto the said W P &c. at or in the common Dining Hall &c. the full sum of &c. then and [Page 591] from thenceforth, as well the said recited Indenture of Bargain and Sale, as also this present Indenture, and every clause, article and argreement in the said Indentures or either of them conteined, this present proviso or condition, and the covenants in these presents expressed, on the part and behalf of the said W P his heirs and assignes for re-assurance of the premisses unto the said I H his heires and assignes, (if the Proviso and condition in these presents expressed shall be performed, only excepted) shall cease, and be utterly void, frustrate and of none effect to all intents, constructions and purposes, any thing in these presents contained to the contrary thereof in any wise notwithstanding:
In witnesse &c.
A Grant of Receivorship from a Noble man.
TO all Christian people to whom this present Writing shall come, R. Earl of E. and E. Viscount of H &c. Know ye, that I the said E. for divers good causes and reasonable considerations me moving, have granted and given, and by these presents confirmed unto my servant R S of &c. the Office of Receivorship of all and singular my Lordships, Manors, Lands, Tenements, Possessions and Hereditaments whatsoever, within the County of &c. And the same R S, Receivor of all and singular the premisses for me the said E and my heires do make and constitute by these presents, giving and granting unto the said R S [Page 592] my full power and authority in all things touching the Receipt and Receipts aforesaid; and to make lawful and sufficient Acquittances or Discharges unto all and every person and persons touching the premisses, and that in as large and ample manner and form as any other Receivor or Receivors of me the said Earl at any time heretofore have used to do, within the several Counties of &c.
In witnesse, &c.
A short Letter of Atturney for the setting over of a bond.
KNow all men by these presents, that I H H of &c. Have made, ordained, constituted and appointed, and by these presents do make, ordain, constitute and appoint my trusty and well beloved friend W M of &c. to be my true and lawful Atturney for me and in my stead and name, and to his own use to ask, levy, recover, demand and receive of T M and N L of &c. Gentlemen, and either of them, their executors and administrators the sum of &c. which they have forfeited, and from me unjustly do detain and keep, for non-payment of the sum of &c. at a certain day past, as by one Obligation with condition thereupon endorsed bearing date, &c. more at large it doth and may appear; giving, and by these presents granting unto my said Atturney my full power and authority in all things touching this my present businesse, and in my name to commence and prosecute any Action or Actions, Suit or Suits for the recovery and getting of the said sum of &c. and every [Page 593] or any part thereof; and Atturney or Atturneyes in that behalf to constitute and make; and upon receipt thereof, or of any part thereof, Acquittances, or other lawful discharges in my stead and name, to make, seal and deliver; ratifying and allowing by these presents, all and whatsoever my said Atturney or his Assignes shall (for obtaining and recovery of the said summe of &c. or any part thereof,) do or cause to be done in my stead and name. And also I the said H H do covenant and promise by these presents, That I the said H H have not released, nor will not release the said T M and N &c. of the said Bond, nor of the penalty therein contained, nor countermand this present Letter of Atturny, nor the Authority thereby granted, nor any suit, act or proceeding at any time hereafter, by vertue of these presents to be done.
In witnesse, &c.
A Letter of Atturney, to receive a sum of money out of the Exchequer, being parcel of a greater sum given to me by the King, by Privy Seal.
TO all Christian people to whom this present writing shall come, I L one of the Gentlemen of the Privy Chamber of our Soveraign Lord, King Charles, that now is, sendeth greeting. Whereas our said Soveraigne Lord the King, by his Highnesse Letters of Privy Seal, dated at Westminster the &c. directed to his Highnesse Commissioners for the [Page 594] Office of his Majesties High Treasurer of England, hath given unto me I L the sum of &c. to be paid unto me or my Assignes out of the Treasury, remaining in the receipt of the Exchequer (arising out of the Fines and Forfeitures for his Majesties bounty, to be distributed to his Highness well deserving servants, in reward from time to time as shall seem good unto his Majesty, and to be taken as his Majesties free-gift, as in and by the said Letters of Privy Seal more at large may appear. And whereas I the said I L by Obligation bearing date &c. do stand bound unto R S &c. in the sum of &c. as by the said Obligation may appea [...]. Now know ye, That I the said I L for and towards the discharge of the said Debt of 600 l. due to the said R S, have made, ordained, constituted and appointed, and by these presents do make, ordain, &c. the said R S to be my lawful Atturney and Assignee for me, and in my name, and to his own proper use to have, take and receive out of the first moneyes that shall be received by vertue of the said Privy Seal, the sum of &c. of &c. Giving and granting unto the said R S, as full power touching the premisses, as I my selfe might or could do, if I were personally present, ratifying and allowing hereby whatsoever the said R S shall do, or cause to be done touching the premisses, as if the same were done by my self.
In witnesse, &c.
A Condition of Arbitrament General.
THe Condition, &c. That if the above bounden T A his executors and administrators, and every of them, do for his and their parts and behoofs, in all things well and truly stand to, abide, obey, fulfil, perform, and keep the Award, Arbitrament, order, determination and judgment of E L Esq, and R M Gentleman, Arbitrators indifferently elected, named, and chosen, as well on the part and behalf of the above named T A. to award &c. of, for, upon, touching and concerning all and all manner of Actions, and causes of Actions, Suits, Debates, Controversies, debts, duties, bonds, bills, writings obligatory, reckonings, accounts, and demands whatsoever, which between the said T A of the one part, and the said E G on the other part, at any time from the beginning of the world until the date of these presents have been had, moved, stirred or in any wise depending; so also that the same Award, Arbitrament, Determination and Judgment of the said Arbitrators, in and upon the premisses, be made, and put in writing under their hands and Seals, ready to be delivered to the said parties, on or before the twenty fourth day of this instant month of December above written, That then &c.
An annuity given for ones advice in the Law.
THis INDENTURE made the &c. between T B of &c. Gentleman, on the one party; and F L of &c. Gentleman on the other party; Witnesseth, That the said T B in consideration of the counsel and advice in the Law of the said F L to him the said T B heretofore given, and hereafter to be given, hath given, granted and confirmed, and by these presents doth give, grant and confirm unto the said F L, one Annuity or yearly pension of &c. of lawful &c. to be paid yearly unto the said F L at or in the &c. at two Feasts or terms in the year most usual; that is to say, at the Feast dayes of &c. by even and equal portions. To have, hold, perceive, receive and take the said Annuity or yearly pension of &c. unto the said F L from the feast day of &c. next ensuing the date of these presents, for and during the joint and natural lives of the said T B and F L. Provided alwayes, That if the said F L shall at any time hereafter discontinue, and leave the study and practice of the Lawes as aforesaid, this present grant, and all and every thing therein contained shall cease, determine and be frustrate to all intents and purposes, as if the same had never been had or made.
In witnesse, &c.
A conveyance in fee simple of a house and lands &c.
THis indenture made the &c. between G C of &c. on the one part, and H H of &c. and S. his wife on the other part, Witnesseth, that the said G C for and in consideration of the sum of &c. to him at and before the ensealing and delivery of these presents, well and truly in hand paid by the said H H and S his wife; whereof and wherewith he the said G C doth acknowledge himselfe &c. hath granted, aliened, bargained, sold and confirmed, and by these presents doth fully, cleerly and absolutely grant, alien, bargaine, sell and confirm unto the the said H H and S his wife, all that messuage; or tenement in T in the County of S. now in the occupation of the said G C. or of his assignee or assignes, and three acres of land or thereabouts, lying in the backside of the said house, be it more or lesse, and all barns, stables, orchyards, gardens, buildings, and other hereditaments to the same belonging or appertaining, or with the said house or tenement, commonly used, occupied or enjoyed, or which are accepted, reputed or taken to be part, parcel or member of the same, and now in the tenure or occupation of him the aforesaid G C his assignee or assigns, with all commons whatsoever to the same belonging: and also all those two cottages or tenements in T aforesaid, standing together, adjoining to the said messuage or tenement, and one parcell of ground adjoyning to the said cottages; which said cottages and parcel of ground [Page 598] last mentioned, do contain by estimation on that side towards the Kings high street, twenty yards of ground, or thereabouts, and on that side towards the garden, now or late of the said G C thirteen yards of ground or thereabouts, and do contain by estimation from the Kings high street, twenty yards of ground or thereabouts, and now are in the severall tenures or occupations of VVI and F L. and the reversion and reversion, remainder and, remainders, rents and yearly profits whatsoever, of all and singular the said premisses, and of every part and parcel thereof; together with all and singular deeds, evidences & writings touching or concerning only the premises or any part thereof. To have and to hold the said messuage and tenement and three acres, of land aforesaid, and the said two cottages or tenements, and the said parcel of ground adjoyning to the said cottages, and other the premises with their appurtenances, before by these presents bargained and sold, or mentioned, or intended to be hereby granted, aliened, bargained, sold and confirmed, and every part and parcel thereof, unto the said H H and S his wife, and to the heirs and assignes of the said H H to the only proper use and behoof of the said H H and S his wife, and of the heires and assignes of the said H H for ever. And the said G C for himself &c. that he the said G C for and notwithstanding any act done to the contrary by him the said G C. That he the said G C at the time of the ensealing and delivery of these presents is, and standdeth lawfully and rightfully seized in his demeasn, as of fee simple in his own right, and to his owne use without any condition, limitation or other use or trust to alter, change or determine the same estate of and in the messuages, lands, tenements, cottages and premisses before mentioned, to bee [Page 599] hereby granted, bargained and sold, and of and in every part and parcel thereof. And that he the said G C (for and notwithstanding any act done by him to the contrary) now hath, and at the time of the first estate to be had and executed, according to the intent and true meaning of these presents, shal have full power, and right and lawful authority to grant, bargaine and sell the same, and every part and parcel thereof with the appurtenances, unto the said H H and S and the heires and assignes of the said H H in manner and form as in these presents is before expressed; and that the same messuage or tenement, lands, tenements, cottages and premisses, and every part and parcel thereof with the appurtenances, shall from henceforth for ever, remaine and continue unto the said H H [...]nd S his wife, and to the &c. of the said H H freely and cleerly acquitted, exonerated and discharged of and from all and all manner of former bargains, sales, gifts, grants, dowers, jointures, leases, rents charges, rents seck, arrerages of rents, annuities, uses, intails, statute merchant, and of the staple, judgments, forfeitures, executions, intrusions, and of and from all other charges, titles, troubles and incumbranees whatsoever, had, made, committed or wittingly or willingly suffered or done by the said GC. or by any other person or persons whatsoever, lawfully claiming by, from or under him the said G C or by his means, assent, privity or procurement, the rents and services from henceforth to grow due to the chief Lord or Lords of the fee or fees of the premisses, for, or in respect of his or their seigniorie or seigniories only excepted and foreprized. And further, that he the said G C and his heirs shall and will at all time and times hereafter, within the space of five yeares next ensuing the date of these presents, and upon the reasonable [Page 600] request, and at the costs and charges in the law of the said H H and G his wife, and of the &c. of the said H H. make, suffer, do, acknowledg and execute, or cause to be made, done, acknowledged, suffered and executed, all and every such further lawful and reasonable act and acts, thing and things, devise and devises, conveyances and assurances in the law whatsoever, for the further, more perfect and better assuring, and sure making of the premisses before mentioned, to be hereby bargained and sold, and of every part and parcel thereof unto the said H H and S. his wife, and to the &c. of the said H H for ever, be it by fine, feoffment, recovery with single and double voucher or vouchers over, deed or deeds enrolled, the enrollment of these presents, release, confirmation with warranty of the said G C and his heires only, against him the said G C and his heirs, or otherwise, or without warranty, or by all or any of the said wayes or means, as shall be by the said H H or by his or their Councell learned in the lawes of this Realm, reasonably devised or advised and required, so as the same do not contain or extend unto any further warranty then against him the said G C his executors or assignes, or any further act then as aforesaid, so that he or they that make such further assurance bee not compelled to travel further then the Cities of London and Westminster, for the doing, making and executing of such further, assurances and conveyances aforesaid.
And lastly, it is agreed by and betweene the said parties to these presents, That all and every the said assurances and conveyances so as aforesaid hereafter to be had of the premisses, shall be, and shal be esteemed and taken to be to the only use of them the said H H and S. his wife, and of the &c. of the said [Page 601] H H for ever, and to no other use, intent or purpose, any thing in these presents contained to the contrary thereof in any wise notwithstanding.
In witnesse, &c.
A condit. not to revoke a let. of atturny, but to justifie all actions to be brought for the recovery of the debt.
THe condition &c. That whereas the above bounden H H by his writing or Letter of atturnie bearing date the &c. hath made, authorized and appointed the above named L B to be his true and lawful attorny for him, in his name, and to the only use and behoof of him the said L B. to ask, demand, leavy, recover and receive of M M of &c. his executors or administrators, or some of them the summe of an hundred pounds of &c. due and owing unto the said H H by vertue of one obligation forfeited, bearing date &c. as by the said writing or letter of atturny more at large appeareth. If therefore the said H H his &c. do not at any time hereafter revoke, annihilate and make void the said writing or letter of atturnie above recited, nor release or otherwise discharge the said M M. his heirs, executors or administrators or any of them of and from the said obligation above mentioned, or any sum or summs of money therein expressed or contained, but do and shall quietly permit and suffer the said L B to ask, demand, recover and receive the debt or sum above mentioned, according to the [Page 602] contents of the said recited letter of atturnie, and also doe and shall justifie, maintaine and avow unto effect, all and every such lawful action and actions which hereafter shall be had or brought in the name of the said H H by the said L B against the said M M his executors and administrators for the recoverie of the debt and sum aforesaid. That then this &c.
A Condition to save harmlesse a Tenant by reason of the payment of his rent.
THe condition &c. That whereas there is a controversie or question betweene the within bounden N C and one E H. widow, touching their several rights or interest to the now dwelling house of the within named T T and other tenements, situate, neere Holborn bridge, London. And whereas upon a full perswasion that the right and rent of and in the said house, doth belong to the said N C of &c. the said T T is contented to pay the rent of his said house (being five pounds per annum) unto the said N C his executors, administrators, or assignes. If therefore the said N C. his executours and administratours doe and shall at all times hereafter, and from time to time upon request to him or them to bee made; or notice left in writing, at or in the now dwelling house &c. cleerly acquit, exonerate and discharge, or otherwise sufficiently save and keep harmlesse the said T T his executors and administrators, and every of [Page 603] them, and all his and their goods and chattels, and every part and parcell thereof, against all persons whatsoever, of, for, from, touching and concerning all and all manner of actions, suites quarrels, costs, dammages, troubles and incumbrances whatsoever, which shall or may happen, arise, come, grow, or be unto the said T T his executors and administrators &c. for or by reason or meanes of the payment of the said rent, or any part thereof, unto the said N C his executours and administrators. That then &c.
An assignment of the moity of a house and goods.
TO all Christian people to whom &c. R B of London &c. executor of the last will and testament of R R late of London deceased, and P K citizen &c. send greeting in our Lord God everlasting. Whereas WT of &c. by his indenture of lease dated the &c. for the consideration therein mentioned did demise &c. And wheras the said WT by one other &c. And whereas the said P K by deed Roll dated &c. for the considerations &c. did demise &c. the said last mentioned Indenture &c. and all his estate &c. unto the said R R. the estate and interest of which said R R of, in, &c. did after come to the said R B as executor of the last Will and Testament of the said R R. And the said R B being thereof possessed by the means aforesaid, did by Indenture, dated the &c. for the considerations &c. [Page 604] grant, bargain &c. the moiety of the said Inne &c. unto I C &c. And the said I C and W C Citizens &c. by deed poll dated the &c. did make over the moiety of the said &c. unto A B In-keeper, and the other moiety of and in the same &c. now remaining in the said R B and P K or one of them, Together with the whole right, title &c. Now know ye, that we the said R B and P K for and in consideration of &c. Have given, granted, bargained, sold, assigned and and set over, and by these presents &c. unto the said R M as well the said Messuage and Tenement with the appurtenances, called the G. and one moiety of, in and to the Capital messuage &c. with one moiety of, in and to the goods and chattels before mentioned, thereunto belonging, and every part and parcel thereof: As also all the estate, right, title, interest, term and terms of yeares, propertie, claim and demand whatsoever, which we the said R B and P K or either of us now have, may, might, should or in any wise ought to have and enjoy, of, in or to the said messuage or tenement called &c. and of, in or to the moiety of the said goods and chattels thereunto belonging, Together with all writings, leases, counterparts of leases, escripts and muniments, touching and concerning the same premises, in as large and ample manner, as we or either of us now have, or may hold the same by force and vertue of the said severall Indentures before mentioned or any thing therein contained, or otherwise howsoever. To have and to hold all and singular the before bargained premises with their appurtenances, and every part and parcel thereof unto the said R M his &c. to his and their own proper uses and behoofs, as fully and in as large and ample manner and form, as we the said R B and P K or either of us, now have, may, [Page 605] might, should or ought to have and enjoy the same. And wee the said R B and P K for us and either of us, our and either of our heirs &c. and for either of us do covenant, promise &c. that we the said R B and P K or one of us (at the time of the ensealing and delivery of these presents) are, or is the very true and rightful Owners and possessors, or Owner or possessor of the premises hereby before mentioned to be bargained and sold, with the appurtenances, and every part and parcel thereof, for and during all the rest and residue of the said several Termes, yet to come and unexpired in the said severall recited Indentures of Lease; and that we or one of us, have or hath full power, and good right, true title and absolute authoritie, to give, grant, bargain, sell, assign and set over the said premises, hereby bargained and sold, with their and every of their appurtenances unto the said R M his &c. in manner and form aforesaid, and also that all and singular the said premises hereby mentioned to be bargained and sold with their and every of their appurtenances, and every part and parcel thereof at the time of the ensealing and delivery of these presents, are, and be, and so at all times hereafter from henceforth during all the rest and residue of the said several terms, in and by the said several recited Indentures of Lease granted, shall be, remain and continue unto the said R M his &c. free and clear, freely and clearly acquitted, exonerated and discharged or otherwise sufficiently saved and kept harmlesse, of, and from all and all manner of former bargaines, sales, gifts, grants, leases, fines, forfeitures, rents, arrearages of rents, cause and causes of forfeitures and re-entry, and of and from all other titles, troubles and incumbrances whatsoever, heretofore had, made, committed, suffered or done by us the said R B and P K or either of us, our executors &c. or any of [Page 606] us in any manner of wise, during all the rest and residue of all and so many yeares as are yet to come and unexpired of the said several terms, in and by the said several recited Indentures of lease granted, according to the true intent and meaning of these presents, (The several rents, payments, covenants and agreements in the said several recited Indentures of Lease, respectively comprised and specified, which from henceforth on the Tenants or Leasees parts and behalfs are or ought to be observed, performed and paid fulfilled and kept, according to the true meaning of the said several recited Indentures of Lease, and the moiety or one half part of the yearely rent of &c. reserved for certaine Rooms and Chambers belonging to the Inn &c. now in the occupation of &c. which moiety of the said rent is formerly sold and released unto the said T R his &c. only excepted and foreptized,) any thing in these presents contained &c.
In witnesse &c.
A Release of Lands in performance of Articles.
TO all Christian people &c. E I &c. sendeth greeting in our Lord God everlasting: Know ye, that I the said E I as well in part of the performance of certain covenants and agreements mentioned and expressed in one pair of indentures bearing date the &c. last past &c. made between me the said E I on the one part, and &c. As also for divers other good causes and considerations &c. have remised, released and for ever quit claimed, and by these presents do for me my &c. and every of us freely, clearly and absolutely [Page 607] remise, release and for ever quite claime unto the said H W his heires and assignes for ever (in his and their full and peaceable possession and seisin being) all the estate, right, title, interest, possession, reversion, claim and demand whatsoever which I the said E I now have, may, might or ought to have, and which I or my heires at any time hereafter shall or may have or claim, of, in or to all those the Rectories of B and L. and also of, in and to all and singular messuages, mills, lands, tenements &c. to the said &c. belonging or appertaining. To have and to hold the said Rectories &c. unto the said Si H VV his &c. to his and their own proper uses and behoofs for ever: So as neither I the said E I nor my heirs shall or may at any time hereafter, ask, claim, challenge or demand any right, title, interest, claim or demand whatsoever, of, in or to the premises before mentioned, or of, in or to any part or parcel thereof. But thereof and therefrom shall be utterly debarred and for ever secluded by these presents. And I the said E I and my heires, the said Rectories, and all and singular other the premises above mentioned with their appurtenances, unto the said Sir H VV his heirs and assignes to the uses and behoofs aforesaid against me the said E I and my heires, and against my Father I I. and W E my Uncle, their and either of their heires or assignes, or of any other person or persons whatsoever, claiming from, by or under me, them or any of them, shall and will warrant and for ever defend by these presents.
In witnesse, &c.
A Condition for the delivery of certain writings by a day to be cancelled.
THe condition of &c. That whereas the within named S M by Indenture dated the &c. in the &c. for the considerations therein mentioned did demise, grant and to farm let unto the within bounden J T by the name of J T of &c. Esquire, his &c. certain closes and meadow ground in little S and P in the County &c. which the said S held (amongst other things) of the president and Scholars of &c. (except as in the said Indenture is excepted) for a certain term, and for the rent of &c. as in &c. And whereas the said S M by an obligation of the date of the said indenture, standeth bound unto the said J T in the summe of &c. conditioned for the performance of the covenants, grants and agreements in the said indenture expressed, as in and by the said recited obligation &c. which premisses the said J T by indenture dated the &c. in the &c. did demise &c. unto H L of &c. his &c. (to which Indenture, the said S M is also a partie with the said H L) all the said closes and meadow of &c. (except as in the said last mentioned) for a certaine term, and for the yearly rent of &c. payable, as in and by the said &c. And whereas it is agreed betweene the said I T and S M. That the said indenture and bond for performance of covenants sealed by the said H L and S M shall be delivered up to be cancelled. If therefore the said J T his &c. do and shall [Page 609] on this side, and before the &c. next &c. deliver or leave to &c. for the use and behoof of the said S M his &c. at or in &c. the said Indenture and bond sealed by the said S M as aforesaid. And the said counterpart of the Indenture sealed by the said H I. and S M to be cancelled, without fraud or further delay. That then &c.
A Feoffment.
TO all Christian people &c. T H &c. greeting &c. Know ye, me the said T H for and in consideration of &c. unto me by N W wel and truly paid, whereof I confesse my self wel and truly satisfied, and the said N W his &c. To have given, granted, and by these presents confirmed to the said N W all that messuage or tenement, garden, ortchyard and croft with the appurtenances situate &c. in A in the County of VV. All and singular which premises with the appurtenances, now are in the tenure or occupation of the said T H. To have and to hold the said messuage, and all and singular the premises with their appurtenances to the said N VV and his heires, to the only use and behoofe of the said N VV his heirs and assignes for ever, To bee holden of the chief Lord or Lords of the fee by the services therefore due, and of right accustomed. (A general warranty against all men.)
In witnesse, &c.
A letter of atturny upon a bond.
KNow all men &c. That I T A of &c. have assigned, ordained and made, and in my stead and place by these presents put and constituted my trusty and well beloved friend A B of &c. my true and lawful atturny for me and in my stead and name, and to the use and behoofe of him the said A B to ask, recover and receive of &c. the summe of &c due unto me for non-payment of the sum of &c. on &c. as by an obligation with condition thereunder written bearing date &c. more plainly appeareth, giving, and by these presents granting unto my said atturnie, my full power and authority in all things touching this my present business, and in my name to commence and prosecute any action or actions, suit or suits for the recovering or getting of the said summe of &c. and every or any part thereof, and atturnie or atturnies in that behalfe to constitute and make, and upon receipt thereof, or any part thereof, acquittances, or any other lawfull discharges in my stead and name to make, seal and deliver, ratifying, allowing and holding firme and stable, all and whatsoever my said atturny shall lawfully do or cause to be done in or about the execution of the premises. And also I the said T A do covenant and promise by these presents, That the said T A have not released, nor will not release the said &c. his &c. of the said bond, nor of the penalty therein contained, nor countermand this present letter of atturnie, nor the authority [Page 611] thereby granted, nor any suit, act or proceeding at any time hereafter to be had by vertue of these presents.
In witnesse, &c.
The forme of a deputation of a Patent.
TO all Christian people to whom this present writing shall come, G VV of &c. Esq sendeth greeting in our Lord God everlasting. Whereas our Soveraigne Lord the Kings most excellent Majestie that now is, by his Highnesse Letters patents, sealed with the great seal of England bearing date at VVestminster the &c. hath given and granted unto mee the said G VV the office and offices of Receiver general of the issues and revenues or all and singular his Majesties Honors, Castles, Lordships, Mannors, Lands, Tenements, Rents, and other Hereditaments whatsoever, with their rights, members and appurtenances, parcel of the lands and possessions of M. late Earl of L and M. his wife, in the said County of Y. and in all Cities, Townes and places whatsoever, as well within liberties, as without, within the precincts, limits and circuits of the foresaid County of &c. and him the said G VV Receivor general of all and singular the premisses the Kings Majestie by his Letters patents aforesaid, hath made and ordained to exercise, execute, and do any thing touching or concerning the said office. And further, whereas our Sovereign Lord the Kings Majestie hath by the Letters patent, given and granted unto the said G VV the office and offices of Steward and keeper of all and singular Court-leets, and view [Page 612] of frank-pledge, of all and singular the said Honors &c. ut supra, in the said County of &c. To have, enjoy, exercise and occupie the said severall offices, and either of them to the aforesaid G W by himselfe, or by his sufficient deputie or deputies, unto the term, and for the term of the life of the said G W. together with all profits, commodities, advantages, authorities and preheminences whatsoever to the same several offices or either &c. belonging or appertaining. And further, whereas our said Soveraigne Lord the Kings Majestie, hath by the said Letters patents, given and granted unto the said G W. for the exercising of the office of Receiver Generall of all and singular the lands and possessions aforesaid, with the appurtenances, the wages and fees of thirteen pounds &c. by the year, and for the exercising of the office of Steward, and keeping of the courts, leets, and view of frankpledge of all the lands and possessions aforesaid, with the appurtenances, the wages and fees of &c. by the year, and also twenty shilligs for the portage of every 100 l. of mony paid by the said G W out of the issues of his said offices, or either of them, at the receipt of his Majesties exchequer, his heires or successors, or otherwise to be paid by warrant from his Majestie, his heirs or successors, or by warrant from the Lord High Treasurer of England for the time being: To have and yearly receive the aforesaid several wages and fees in form aforesaid unto the said G W during his life out of the issues and rents of the foresaid Honours, Castles and other the possessions aforesaid, at the feasts of the Annuntiation of the blessed Virgin Mary and Saint Michael the Arch-angel, by even portions to be paid; together with all other wages, fees, allow [...]ces, liveries, diet, profits, commodities and preheminences to the said offices or either of them by right [Page 613] due, accustomed, belonging or appertaining, as by the said Letters patents (amongst other things therin contained more plainly may appear.) And wheras our said Soveraigne Lord the Kings Majestie by other his Letters patents under the Seal of his Highnesse Court of Exchequer bearing date at VVestm. the &c. hath assigned and appointed the said G W unto the office and offices of surveyor General of all his Majesties Honors, Castles, Lordships &c. in the County of Northumberland, and in all Cities, Towns, Hamblets &c. as by the said last recited Letters patents &c. Now know yee, that I the said G W for special causes &c. have made, constituted and appointed, and by these presents do make, constitute and appoint my loving friend R M of &c. my true and lawful deputie irrecoverable to exercise and execute all and every the offices aforesaid, in as large and ample manner, to all intents and purposes, as I my self may, might or ought to do by force, vertue or means of the several Letters patents above recited, or either of them; that is to say, the office of Receiver General, and office of Steward of all the Honours, Castles, Mannors an [...] other the possessions, of the said late Earl and Countess of Lenox, for and during the natural life of me the said G W. and the office of Surveyor General of all his Majesties possessions within the county of Northumberland, during his Majesties pleasure. And I the said G W doe hereby also give, grant, assign and appoint unto the said R M my deputy, for exercising and executing of the said several offices, the several yearly wages and fees above mentioned, given, granted, assigned unto me by the several Letters patents above recited; that is to say, for the said office of Receiver General, the sum &c. for the said office of Steward and keeping of Courts, the sum of &c. and for the said office of Surveior [Page 614] General of the said county of Northumberland, the sum of &c. at the feasts of &c. and St. &c. by even portions, to be had and received in such set manner and form by my said deputy, as I the said G W may, might or ought to have had and received the same, if this present deputation and grant of severall fees aforesaid had never been made. And I doe also give, grant and assign unto my said deputie all other wages, fees, allowances, portage mony, livery, diet, profits and commodities whatsoever, to the severall offices aforesaid, or any of them incident, belonging or appertaining, with liberty to and for the said R M my deputie at any time hereafter to surrender the several Letters patents or either of them unto the Kings Majestie his heirs or successors, and to take a new grant or grants of the said offices, in his own name, or in the name of any other person or persons without the let, trouble or contradiction of me the said G W or any claiming by, from or under me.
In witnesse, &c.
An assignment of a lease, in trust whereof, the assignor is to take a further estate in the premises.
THis INDENTURE made &c. between Sir A C of &c. on the one part, and E H and C D of &c. of the other part, Witnesseth. That whereas Sir I D &c. by his Indent. of lease bearing date the &c. (Reciting the grant and the habend.) as in and by &c. Now this Indenture further Witnesseth, That the said Sir A C for and in consideration of the trust [Page 615] hereafter mentioned, and for divers other good causes and considerations him thereunto mo [...]ng, hath bargained, sold and set over, and by these presents doth assign &c. unto the said E H an [...] C D their executors and administrators and assigns, and to the survivors of them the said E H and C D. and to the executors, administrators and assignes of the survivor of them, all &c. (mentioning all that is assig ed and set [...]ver) To have and to hold the said Lordship and &c. and all other the premises, with all and singular their appurtenances, before by these presents bargained, sold, assigned or set over, and every part and parcel thereof, unto the said E H and C D their Executors, Administrators and assignes, and to the Survivor of the said E H and C D. and to the executors and assigns of the Survivors of them. Neverthelesse upon his trust and confidence in them and every of them reposed, That the said E H and C D or the Survivor of them, or the executors &c. of the Survivors of them shall and will at all times hereafter, and from time to time upon reasonable request to them or any of them to be made, and at the costs and charges in the law of the said Sir A C his executors &c. reassigne, convey and assure all and singular the before bargained premises, and every part and parcel thereof unto such person or persons, their executors &c. as the said Sir A C his executors &c. shall nominate and app [...]int, in such manner and form as by the said Sir A C his &c. o [...] his, or their Councel learned in the Law, shall be reasonably devised or advised and required; and upon further trust and confidence that they and every of them shall and will upon like request to be made, do and perform all and every lawful act and acts, thing and things whatsoever, for the extinguishment o [...] this present bargain, sale and assignment of the premises [Page 616] above mentioned, As by the said Sir A C his executors &c. or by his or their Councel learned in the law, shall be reasonably devised or advised and required.
In witnesse &c,
An assignment of a Judgement.
THis INDENTURE made the &c. Between M M &c. of the one part; and R T Citizen &c. on the other part; Whereas the said M M hath recovered a Judgement in his Majesties Court of Common Pleas at Westminster in Hillary Term, Anno &c. against E G for twenty pound debt, besides costs of suit, as by the Records of the said Court, more at large may appeare. Now the said M M for good considerations him moving, hath bargained, sold, assigned and set over, and by these presents doth bargaine, sell, assigne and set over unto the said R T his executors &c. as well the said Judgment, and all and every sum and sums of mony therein mentioned and conteined, as also all benefit and advantage, which shall or may be had, obteined or gotten, by reason or meanes of the said Judgment, or any processe or execution thereupon to be had, sued out or executed. To have and to hold the said Judgment, sum and sums of mony, benefit, advantage and other the premises aforesaid unto the said R T his &c. to his and their own proper uses and behoofs in as ample manner as he the said M M his executors or assignes, might, or could have and enjoy the same, if these presents had never been had or [Page 617] made. And the said M M his executors &c. shall and will justifie, maintaine and avow all and every lawful act and thing that shall be done in or about the premises, without releasing or discharging the same, so as there be no further benefit taken then only the due debt, interest and charges; and that all the benefit which shall de obtained or gotten upon the said Judgment, shall wholly remain and be unto the said R T his executors &c. to his and their own proper uses and behoofs, without any accompt or other thing to be therefore yeilded or done unto the said M M his &c.
In witnesse &c.
A Release for wast done.
TO all Christian people to whom these presents shall come, W S Prebend of the prebendary commonly called T in the County of M sendeth greeting &c. Whereas I S of &c. being possessed of a Lease for divers yeares yet enduring, of and in one parcel of Wood, or Wood-ground commonly called &c. situate &c. conteining by estimation &c. beng parcel of the possessions of the Prebendary of &c. aforesaid: And where the said R S. for the better advantage to himself, and for the encrease of his own yearely profit to be made of the same Wood, and for the better and more profitable mannurance of the said ground, hath for that purpose, cut down and grubbed up divers trees in and upon the said parcel of Wood-ground, and hath converted the [Page 618] said ground into tillage, whereby a farre greater annual rent or profit is, and will be made thereof, then if the same should continue Woody-ground, which in time to come will turn to the better benefit and advantage of the said Prebend and his successors, after the end and determination of the said Lease made to the said R S. Yet notwithstanding the said R S is subject and liable to be questioned and troubled, by actions to be commenced against him, both for the wast he hath committed in cutting down the same Woods, and grubbing up the same by the roots, and for not preserving of the same Woods according to the covenants comprised in his said Lease. Now know ye, That the said W S now Prebend of the said Prebendary, as aforesaid, for divers good causes &c. hath, as much as in him is, for himself remised, released and quit claimed, and by these presents for himself, doth clearly and absolutely, remise, release and quit claim unto the said R S &c. all and all manner of actions of wasts, and any manner of suits for wasts or spoils done or committed by him the said R S in the said Wood and Wood-ground, called S W. aforesaid, untill the date of these presents, and all and all manner of actions of covenants and other actions, suits and demands concerning covenants, promises or agreements, for not cutting down or grubbing up the same Woods or Under-woods heretofore cut and grubbed up.
In witnesse, &c.
A Letter of Atturney to enter upon Lands, to deliver a Lease made to another.
TO all Christian people &c. We T A and R M &c. send greeting. Whereas we the said T A and R M have signed and sealed to one Indenture, bearing date with these presents, purporting a Lease, Demise, or Grant unto one W M &c. of all that our &c. and all the houses, barnes, stables, orchards, Gardens, Easements and Commodities thereunto belonging; and of all that our &c. together with the Demeasne Lands to the said &c. belonging or appertaining: To hold from &c. as by the same Indenture more at large appeareth. Now know ye, that we the said T A and R M have ordained, constituted and appointed, and by these presents do make, ordaine, constitute, and in our stead and place put and appoint our well-beloved Friend I H of &c. to be our true and lawful Atturney and Assignee for us, and in our stead, name and place to enter and come into and upon the &c. before mentioned, or into any part thereof, and then and there (after such entry made) to deliver as our act and deed unto the said W M the aforesaid Indenture of Lease, so by us signed and sealed as aforesaid, to hold according to the tenour and effect of the same Indenture; and to do and execute all and every such other act and thing whatsoever, as shall be needful [Page 620] in this behalf to be done and performed in as ample and effectual manner as we our selves might or could do if we were in person present.
In witnesse whereof &c.
A Condition to save harmlesse Sureties bound for the Behaviour.
THe Condition, &c. That whereas the within named I H and W T at the request of the within bounden I I. together with him, in and by one Recognizance or Baile, bearing the date within written, taken before Sir R H one of the Justices of his Majesties Court of Kings Bench, stand jointly and severally bounden unto our soveraign Lord the King, his Heires and Successors in the summe of &c. of &c. that he the said I I should be of good behaviour against our said Soveraigne Lord the Kings Majesty, and all his leige people, as by the said Recognizance or bail at large appeareth. If therefore the said I I his heirs, executors, and administrators and every of them do and shall at all times hereafter, and from time to time clearly acquit, exonerate and discharge, save and keep harmlesse the said I H and T W. their executors and administrators, and every of them, and his and their goods, chattels, lands, tenements and hereditaments, as wel against our said Soveraign Lord the Kings Majesty, his heirs, successors, officers and assigns, as against all and every other person or persons whatsoever, of, for or concerning the said Recognizance or Bail above mentioned, and of and from all and singular costs, [Page 621] charges, suits, troubles and expences, which shall or may happen, come, grow, arise or be unto the said I H and W T, their Executors, administrators or assigns, or any of them, by reason or meanes of the said recognizance or bail above mentioned, or any sum or sums of money therein mentioned, That then &c.
A Condition concerning Marriage.
THe Condition &c. That whereas there is a marriage (by Gods grace) intended to be had and solemnized between the above bounden A B and E D daughter of F D late of G in the County of &c. Gentleman, deceased; if therefore after the said marriage shall be solemnized between the said parties, it shall happen that the said A B shall dye, and her the said E shall survive, Then if the said A B shall at the time of his death leave unto the said E the sum or value of &c. of lawful &c. in money, goods and chattels, to be freely had, taken, used and disposed of by her the said E, her executors, administrators and assignes, at her or their owne wills and pleasures, without any claim, challenge, suit, trouble, disturbance, contradiction or demand, of, for in or to the said summe or value of &c. or of any part or parcel thereof thereunto to be made by the Executors, Administrators or Assignes of the said A B, or by any other person or persons whatsoever, That then, &c.
Another concerning marriage.
THe Condition, &c. That whereas there is a Marriage (by Gods grace) intended to be had and solemnized betweene the within bounden A B and E D daughter of F D late of &c. in the County of &c. Gentleman, deceased; if therefore after the said Marriage shall be so solemnized betweene the said parties, if it shall happen that the said E shall dye (leaving the said A) without issue of her body lawfully begotten, during the said coverture, then if the said A B his Executors or Assignes, shall pay or cause to be paid within six months next after the decease of the said E (so dying without issue of her body) unto such person or persons as the said E in her life time shall limit and nominate (either by word of mouth, or by writing) such sums of mony not exceeding the sum of &c. as she the said E shall will or bequeath the same by word of mouth or otherwise in her life time, without fraud &c. That then &c.
A Condition for the resignation of a Prebendary upon Request.
THe Condition, &c. That whereas the within bounden G G, Doctor of Divinty, hath heretofore [Page 623] resigned: to the Right Reverend Father in God M &c. the Prebendary of H belonging to the collegiate Church of W in the County of S. If therefore it shall hereafter appear that any further right touching the said Prebendary shall acc [...]e unto the said G G notwithstanding the said Resignation, then if the said G G do and shall upon r [...]quest to him to be made by the within named C [...], and at the cost and charges of the said C, make, seal, and deliver in due form of Law, so farr forth as he the said G G shall have power, such other resignation of the said Prebendary, as by the Counsel learned in the Laws of the said C C shall be reasonably devised or advised, and required, so as the said G G be not compelled to travel for the doing thereof, further then the place of his abode, at the time of such request to him made, That then &c.
An Indenture Tripartite, of Mortgage of several Tenements in London, and a Recovery thereof, had in the Hustings Court, and the uses specified.
THis INDENTURE Tripartite, made, &c. between T P of D in the County of D Gentleman, and S his wife, on the first part, and W P C. on the second part, and T H and G H of &c. on the third part, Witnesseth, That the said T P and S his wife, for and in consideration [Page 624] of the sum of &c. to them or one of them in hand paid at or before &c. have given, granted, bargained and sold, and by these presents do fully, cleerly and absolutely give, grant, bargain and sell unto the said &c. his heirs &c. for ever, all those their fourteen messuages or tenements, with their and every of their appurtenances, in the severall tenures or occupations of W G, H C, R E, D P, R F, R W, R C, &c. or of their assignes, situate, lying and being in the Parish of St. Mary Aldermanbury &c. Together also with all and singular Shops, Cellars, Sollers, Chambers, Roomes, Edifices, Buildings, Yards, Back-sides, Gardens, voyd grounds, lights, wayes, easements, water-courses, profits, commodities and hereditaments whatsoever to the said fourteen messuages or tenements, and every or any of them, or any part or parcel of them, or any of them respectively in any wise belonging or appertaining, or to & with the same or any of them, or any part or parcel of them, or any of them at any time heretofore used, occupied, demised, letten, held or enjoyed, or as part, parcell or member thereof, accepted, taken, known or reputed; and the reversion and reversions, remainder and remainders whatsoever of all and singular the premises; and also all rents, payments, issues and yearly profits whatsoever, reserved or arising out of, upon or by any Lease or Leases, Demise or Demises, Grant or Grants made of the premises before by these presents bargained and sold, or of any part or parcell thereof: And also all the state, right, title, interest, possession, and use, benefit, propertie, claim and demand whatsoever of the said T P and S his wife, of, in and to the premises and every or any part or parcel thereof. And also the said T P. for the consideration aforesaid hath bargained and sold, and by these presents doth &c. unto the said VV P. all [Page 625] and every the Deeds, Evidences, Charters, Counterparts of Leases, Escripts, Writings and Muniments whatsoever concerning the premises or any part or parcell thereof, which the said T P. or any other person or persons by his delivery or to his use have or hath, and which the said T P may come by without trouble or suit in Law. To have and to hold all the said fourteen messuages &c. and all and singular other the premises with their appurtenances before by these presents given, granted, bargained and sold, and every part and parcell thereof, unto the said &c. his &c. to the sole and proper use and onely behoof of the said VV P. and of his heirs and assignes for ever. And the said T P. for himself, his &c. That the said T P. at the time of the sealing and delivery of these presents, is the true and lawfull owner of all and singular the premises whatsoever with their and every of their appurtenances before by these presents given, granted, bargained and sold, and is thereof and of every part and parcell thereof seized of good, sure, perfect, lawfull, absolute, and indefeizable estate in Fee simple, to the onely proper use and behoof of the said T P. and of his heirs for ever, without any manner of condition, mortgage, defeasance or limitation of any use or uses, to any person or persons, to alter, change, determine or defeat the same. And also that the premises above by these presents given &c. are not, nor any part or parcell thereof is holden of our Soveraign Lord the Kings Majestie by Knights service or in Chief; nor of any other person or persons by Knights service. And the said VV P and T P for themselves severally, and not joyntly nor one for another, and for their several heirs &c. respectively do and doth covenant &c. to and with the said T H and G H. their heirs &c. by these presents, That the said VV P shall [Page 626] and will permit and suffer the said T H and G H at the proper costs and charges of the said T P and his heirs, before the Feast day of &c. next ensuing the date of these presents, to commence and prosecute the Kings Majesties writ or writs of right patent to the Maior and Sheriff of the Citie of London, to be directed against the said W P in the Court of the Husting of London, of pleas of land to be holden in the Guild hall of the same Citie, whereby they shall demand against the said W P all and singular the said messuages or tenements and premises with their appurtenances, by any name or names whatsoever: unto which writ or writs the said W P shall appear in proper person, or by his Atturney or Atturneys lawfully and sufficiently authorized, according to the custome of the same Citie, and shall vouch to warrantie the said T P and S his wife: And that the said T P and S his wife shall appear upon the said voucher in proper person, or by their Atturney or Atturnies lawfully and sufficiently authorized according to the custome of the said Citie; and shall vouch to warrantie the common vouchee, and that the common vouchee shall appear and imparle, and afterwards make default, whereby a perfect judgment for judgments may be had and given to the Demandants in the said Writ or Writs against the said W P. for the recover of all and singular the said &c. and that execution or executions thereof may be had and taken accordingly, according to the custome of the same Citie, and after the manner and course of the common Recoveries in such cases used.
And it is concluded, condescended, and fully agreed by and between all the said parties to these present Indentures, for themselves severally, and for their severall heirs, and every of the said parties [Page 627] doth hereby severally, for himself, and his several heirs covenant, grant, conclude and agree to and with the others of the said parties to these presents, severally, and to and with his and their several heirs, that the said Recoverers and their heires shall from and immediately after the acknowledging, suffering and obtaining and perfecting of the said Recovery or Recoveries, stand and be seized of all and singular the said Messuages &c. and of every part and parcel thereof; and that the same Recovery or Recoveries, Judgment or Judgments, and Execution or Executions, and every other matter and thing thereupon proceeding; and all other Recoveries to be had and suffered of the premisses aforesaid, or of any part or parcel thereof by or between the said parties or their heires, or any of them, before the said Feast of &c. shall be and enure unto and for the uses, intents and purposes hereafter declared, and under and according to the conditions hereafter in these presents expressed, and unto and for none other use, intent and purposes whatsoever, viz. unto, and for the proper use and behoof af the said T P. and of his heirs and assigns for ever; upon condition, and so as that the said T P his heirs &c. or any of them do well and truly pay, or cause to be paid unto the said W P his &c. at or in &c. the sum of &c. in manner and form following; viz. on the third day of December which shall be &c. 70 l. On the sixth day of December which shall be &c. 70 l. On the seventh day of December which shall be &c. 70 l. On the eighth day of December which shall be &c. 70 l. On the ninth day of December which shall be &c. 70 l. On the tenth day of December which shall be &c. 70 l. On the eleventh day of December which shall be &c. 70 l. On the twelfth day of December which shall be &c. 70 l. On the thirteenth day [Page 628] of December which shall be &c 770 l. residue, and in full payment or satisfaction and discharge of the said summe of &c. without &c. But if the default shall happen to be made of or in the payment of the said sum of &c. or of any part or parcel thereof, contrary to the form aforesaid, that then, and from thenceforth the said Recovery or Recoveries, Judgment or Judgments and Execution or Executions, and every other matter and thing thereupon proceeding, and all other Recoveries whatsoever be had or suffered by or between the said parties, or their heires or any of them, of the premisses aforesaid, shall be and enure, and shall be deemed, construed, reputed, esteemed, and taken to be, and to enure to the only use and behoof of the said W P, and of his heires and assignes for ever, and to and for none other use, intent and purpose whatsoever; any thing whatsoever in these presents expresed to the contrary thereof in any wise notwithstanding.
And the said T P for himself his &c. doth covenant &c. to and with the said VV P and to &c. That all and singular the premisses with their appurtenances hereby given &c. and every part thereof shall and will from time to time, and at all times from and after default shall happen to be made of or in the payment of the said summe of &c. or any part or parcel thereof, contrary to the forme aforesaid, continue, remaine and be unto the said VV P his Heires and Assignes for ever by the said T P his &c. fully, freely and clearly acquitted, exonerated, discharged, or otherwise sufficiently saved and kept harmlesse of and from all and singular former and other bargaines, sales, leases, gifts, grants, mortgages, statutes, recognizances, extents, judgments, executions condemnations, fines, [Page 629] feoffments, joyntures, dowers, entails, rents, services, arrerages of rents and services, forfeitures, issues, amerciaments, intrusions, wills and testaments, uses, warrants, tythes and conditions, and of and from all other troubles and incumbrances whatsoever, the rents and services to be from thenceforth due and payable, and to be due to the chief Lord or Lords of the Fee or Fees of the premisses excepted. And except the Leases formerly made by I P late Uncle of the said T P, unto the Tenants of the premisses above mentioned. And moreover, that the said T P and S his wife, and either of them, and the heirs of the said T P and all and every person or persons, and their heires lawfully having, claiming or pretending to have, or which shall have, claim, or pretend to have any lawful estate, right, title, interest, reversion, remainder, dower, claim or demand whatsoever, of, in, or to the premisses above mentioned to be hereby given, granted, bargained and sold, or of, in or to any part or parcel thereof, by, from and under him the said T P. shall and will from time to time, and at all times after default shall happen to be made, of or in the payment of the said sum &c. or any part or parcel thereof, contrary to the form aforesaid, at and upon every reasonable request, and at the proper costs and charges in the Law of the said VV P, his heires or assigns, or any of them, make, do, acknowledg, execute and suffer and procure, or cause to be made, done, acknowledged, executed and suffered against them and every of them, all and every such further lawful and reasonable act and acts, devise and devises, assurance and assurances, thing and things in the Law whatsoever, for the further, better, and more perfect assurance, surety and sure-making, having, holding and enjoying all and singular the premisses before by these presents given, granted, bargained [Page 630] and sold, with their appurtenances unto the said W P his heires and assigns for ever, and to the only proper use and behoofe of the said VV P and of his heirs and assigns for ever, be it by deed or deeds nrolled or not enrolled, Inrolement of these presents, Fine, Feoffment, Release or Confirmation, or by all, any, or as many of the wayes, means or devises aforesaid or otherwayes as by the said VV P his heirs or assignes, or any of them, or by his, their or any of their Counsel learned in the Law, shall be reasonably devised, advised and required. Provided alwaies neverthelesse, and it is agreed by and betweene the said parties to these presents, that it shall and may be lawful to and for the said T P his heirs and assigns from henceforth quietly & peaceably to receive, take, have, hold and enjoy to his and their own proper use and uses, all the rents, issues, profits and commodities whatsoever reserved or arising out of, upon or concerning the premisses by these presents bargained and sold, until default be made of or in the payment of the said sum of &c. or any part thereof, contrary to the form aforesaid, any thing in these presents whatsoever expressed to the contrary thereof in any wise notwithstanding. And whereas all the deeds, evidences, and writings whatsoever concerning the premisses hereby bargained and sold are by the mutual consent of the said T P and W P before the first day of &c. to be brought to the Haberdashers Hall in London, there to be safely kept as in an indifferent place; Now it is thereupon fully concluded and agreed by and between the said T P and VV P, for themselves and their heirs, and each of the said parties for himselfe and his several heirs, doth hereby covenant, promise, grant and agree to and with the other of the said parties and his heires, that in case the said T P his heirs or assignes shall well and truly pay [Page 631] or cause to be paid unto the said VV P his &c, the summe of &c. in manner and form as is above expressed or mentioned; That the said VV P his heires or assigns shall and will cause and procure all and every the deeds, evidences and writings to be redelivered unto the said T P his heires or assignes, whole, safe, uncancelled and undefaced; But if default shall happen to be made of or in the payment of the said sum of &c. or of any part or parcel thereof, contrary to the form aforesaid, that then the said T P his heirs or assignes shall and will cause and procure all and every the deeds, charters, writings, escripts, evidences and muniments whatsoever in any wise concerning the premisses hereby bargained and sold, or concerning any part and parcel thereof, to be delivered unto the said VV P his heirs or assignes, whole, safe, uncancelled and undefaced without any manner of fraud or delay. And finally it is concluded and agreed by and between the said VV P and T P for themselves, their heires and assignes by these presents, That the said VV P his executors and administrators shall and will at the costs and charges of the said T P his heirs or assigns, upon the payment of every of the particular payments aforesaid, upon reasonable request, seal and deliver in due form of Law a sufficient Acquittance or Discharge, testifying the receipt of every the said particular sums, which shall be truly paid, according to the true meaning of these presents.
In witnesse, &c.
A Condition, to pay a sum of Mony at a time after the day of Marriage, or hour of death, which shall first happen.
THe Condition, &c. That if the above bounden A R his, &c. or any of them do well and truly pay or cause to be paid unto the above named R S his &c. at or in the &c. the full sum of &c. of lawful &c. within the time and space of &c. next ensuing after the day of Marriage, or hour of death of him the said A which shall first happen after the date above written without fraud or covin, That then, &c.
A Release of Errors in a Fine.
LEt all men know, That whereas we A and C B, this instant Term of St. Hillary have acknowledged and levyed one Fine unto I B and his heirs of one Messuage &c. to the only use and behoof of the said I B for ever; we the said A and B at the request of the said C, and the said C do for us and every of us and our heirs, release unto the said I B his heirs and assigns, all errors, mis-enterings, raisures and and all other defects whatsoever in the said Fine, or in the Writ of Covenant thereof, and all other demands whatsoever for or concerning the said Messuage and premisses, or any part thereof.
In witnesse, &c.
A release of all right &c. in Lands to him in possession.
TO all Christian people to whom this present writing shall come, I T. Mills of VVestminster, in the County of Middlesex, send greeting in our Lord God everlasting. Know ye, that I the said T M for divers good causes and considerations me hereunto especially moving, have remised, released, quit claimed and confirmed, and by these presents for me and my heires doe fully, freely, cleerly and absolutely remise &c. unto R H Citizen and G. of London, and M his wife, and the heires and assigns of the said R. to the only proper use and behoof of the said R H and M his wife, and the heires and assigns of the said R H for ever, in his, her and their full and peaceable possession and seisin being, all such estate, right, title, interest, property, possession, reversion and reversions, claime and demand whatsoever, which I the said T B or my heires have, should, may, might or of right ought to have and claim by force and vertue of one indenture of bargain and sale, inrolled in his Majesties high Court of Chancery, bearing date the 8 day of J. in the seventh year of the Reigne of our now Soveraign L K. Charls, made between I B of VVestm. aforesaid, Brewer, of the one part, and me the said T M of the other part; or by any other wayes or means whatsoever, to, of and in all that &c. with all and singular the rights, commodities, priviledges, wayes, easments, passages, profits, advantages, emoluments [Page 634] and hereditaments whatsoever, with their and every of the appurtenances to the said site and other the premises or any part or parcel thereof belonging, or in any wise appertaining, and to, of and in the reversion and reversions of the same, and all rents and yearly profits reserved upon any lease or leases made thereof, or of any part thereof; all which premises with the appurtenances, the said R H and M his wife by indenture of bargaine and sale, bearing date the seventh day of M. last past before the date of these presents, bought and purchased to them the said R H and M. and the &c. of the said R for ever, of the said I B. as in and by the said last mentioned Indenture, may more fully and at large appear. To have and to hold all and singular the aforesaid premises and every part thereof with the appartenances, unto the said R H and M. and the &c. of him the said R. to the only proper use and behoof of him the said R H and M his wife, and the &c. of the said R for ever, so alwaies that neither I the said T M nor my heirs nor any other for us, or in the name or names of us or any of us, any right, title, interest, possession, reversion, claim and demand, to, of & in the premises with the appurtenances or any part or parcel therof at any time or times hereafter shal ask, pretend, claim, challenge or demand, but from all and all manner of actions, suites, estates, rights, titles, intents, claims and demands to, of and in the same premises, to be asked, claimed or demanded, we and every of us are thereof cleerly excluded and barred for evermore by these presents. And I the said T M and my heirs all and singular the aforesaid premises with the appurtenances, unto the said R H and M his wife, and the heirs and assignes of the said R. to the only proper use and behoofe aforesaid, against mee the said T M and my heirs, and all and every [Page 635] person and persons, and their heires, lawfully claiming by, from and under us or any of us, shall and will warrant and defend for ever by these presents.
In witnesse, &c.
A grant of an advowson.
THis INDENTURE tripartite, made the fifth day of January in the fifteenth yeare of the Reign &c. between the Right Honourable Robert Earle of E. and E Viscount L. Sir C N of the honourable order of the Bath, Knight, R G Citizen and Alderman of London, W R and H H of London Esq and H J of London Gentleman, of the first part; and T S of W. in the County of S. Gent. son and heir of T S late of W. aforesaid Gentleman deceased, of the second part; And I G of the inner Temple London, Esquire, J M. T. C. and J D of London Gentlemen, on the third part, Witnesseth, That the said T S. for and in consideration of the summe of one thousand, two hundred and fiftie pounds of lawfull money of England to him the said T S by the said Earl &c. at and before the ensealing and delivery of these presents well and truly paid; the receipt whereof he the said T S acknowledgeth by these presents, and himself to bee therewith fully satisfied, and therof, and of every part and parcell thereof, doth cleerly, fully, and absolutely acquit, exonerate and discharge them the said Earl, Viscount &c. their heirs &c. and every of them for ever by these presents. And for and in performance [Page 636] of certain articles of agreement made between the said T S on the one part, and the said Viscount &c. on the other part, bearing date the 20 th of December last past before the date hereof, and for divers other good causes and valuable considerations him the said T S thereunto moving, he the said T S hath given, granted, remised, released and confirmed, and by these presents doth for him and his heires fully, clearly and absolutely give, grant &c. unto the said Robert Earl &c. all that the Manor or Lordship of W. aliàs W. with the rights, members and appurtenances thereof, whatsoever, in the County of Sussex, and also all other the messuages, lands, tenements and hereditaments situate, lying and being in the Towns, Villages, Parishes and Hamblets of W aliàs W. H, H, and D, Brightling, Hellings, Westfield over against Rye, Watling and How over against Hastings in the said County of Sussex, which were some [...]imes by N P Esquire, bargained and sold to one H P and by the said H P granted and conveyed to T S Esquire, deceased, Grandfather to the said T S partie to these presents. And all that Capital Messuage or Mansion house, with the appurtenances commonly called or known by the name of I house, with all barns, stables, stalls, gate-houses and other houses and buildings thereunto belonging and adjoyning, situate and being within the Parish of W alias W aforesaid, or D. or one of them, in the said County of Sussex, and all those Gardens, Orchards, Lands, Tenements, Meadows, Pastures, Woods, Ponds, Pitts, Stews and waters, with divers other lands by particular names, contents and abuttals, and also all and singular messuages, houses, buildings, cottages, mills, gardens, orchards, lands, tenements, meadows, feedings, pastures, leasows, rents, reversions, [Page 637] services, moors, marshes, heaths, commons, common of pasture, wast-grounds, woods, underwoods and trees; and the ground and soile of the said woods, underwoods and trees, waters, fishings, fishing-places, ponds, pools, pitts, stews, Court Leets, view of frank-pledg, perquisites and profits of Courts and Leets, and all that to Courts Leets and view of Frank-pledg doth belong; Advowsons of Churches, Awards, Marriages, Escheats, Releases, Heriots, Fines, Amerciaments, Tithes, Fruits, Profits, Mines, Quarries, Rents Charges, Rents Seck, and rents and services as well of free as of customary tenements; and all other rights, royalties, liberties and commodities, advantages, emoluments and hereditaments whatsoever in the said County of Sussex to the said Manor or Lordship, Capital Messuage and Messuages, or Tenements, Lands, Woods and other the premises, herein before mentioned or intended respectively to be granted, bargained and sold, and to every or any of them, or to any part and parcel thereof belonging or appertaining, incident or appendant, or as member, part and parcel of them or any of them; or of any part or parcel thereof, now or at any time heretofore, being had, known, used, occupied, accepted, leased, reputed or enjoyed, with all and singular their and every of their appurtenances, and the reversion and reversions, rents, services and other yearely profits of the said Manor, messuages, lands and other the before bargained premises, and of every part and parcel thereof thereunto incident or in any wise appertaining: And also all the estate, right, title, interest, use, trust, possession, reversion, remainder, claim and demand whatsoever which he the said T S or any for him now have, or hath, or had, or may, might, or ought to have, of, in or to the Manor, Farms, Lands, [Page 638] Tenements and Hereditaments before mentioned, and every, or any part or parcel thereof: To have and to hold the said Manor or Lordship, Capital messuage, farms, messuages, lands, tenements, woods &c. unto the said Earle &c. and unto the use of them for ever. And this Indenture further witnesseth, that to the end all estates and rights and all remainders in taile, made heretofore and now in being, or which may be claimed by the said T S or his issue, or by any other person or persons, of, in or to the said Manor and premises or any part thereof, may be from thenceforth barred and extinguished. And to the end a perfect and indefeazeable estate and assurance of and in the same premises in Fee Simple may be had, made and settled to the use of the said Earle &c. It is hereby Covenanted, granted and agreed by and between all the parties to these present Indentures for them and their heirs, That they the said Earle &c. before the term of Saint Hillary now next coming, shall and will at the costs and charges of the said Earle &c. in due form of Law leavie and acknowledg before the Justices of his Majesties Court of Common Pleas at Westminster in the County of Middlesex, one or more Fine or Fines (Sur Conuzance de droit come ceo Qu'ils de son don) unto the said T C. and I D. whereupon proclamation shall be had in due form of law according to the Statute in that case made and provided, of and upon the said Manor or Lordship, houses, farmes, lands and other the premises before mentioned to be bargained and sold, by such name and names, number of tenements, and number and quantitie of Acres, and in such manner and form as by the Learned Councel in the law of the said Earle &c. shall be reasonably devised or advised, which said fine so, or in any other manner or form to be levied, [Page 639] had and executed, shal be and enure. And the said T C and I D and their heirs, shall, after the leavying & perfecting the said fine or fines, stand and be seized of and in the said Manor, lands and premisses, and every parcel thereof, with the appurtenances, to the use of the said T C and I D &c. to the intent and purpose, That the said T C and I D &c. shal or may stand and be adjudged perfect tenants of the free hold of the said Manor, &c. and premises, until that a perfect and common recovery shal and may be lawfully had and executed of the said Manor and premises by and in the names of the said J G. and against the said T C and J D. according to the order and course of common recoveries in such cases used, with such voucher and vouchers over as by the said Earl &c. or their heires or their or sum of their Councel Learned in the law shall be advised or required. And therupon it is further covenanted, concluded & agreed by and betweene all and every the parties to these presents, for them their heirs and assigns, And the said T S for him, his &c. doth covenant, promise and grant to and with the said Earle &c. That the said T S shall and will permit and suffer one writ of Entre sur disseisin in le post, after the Manor and course of Common recoveries, to be sued forth out of his Majesties High Court of Chancery, in the names of the said John Goodwin, and James Mayo, demandants returnable, before the end of the said Hillary terme next coming, against the said T C and I D then tenants of the said Mannor and premisses before the Kings Majesties Justices of his Highnesse said Court of Common pleas at Westm. demanding thereby the said Mannor, Lands and premisses with their appurtenances, by such name and names, and in such manner and forme, as by the Councel learned in the law of the said Earle &c. [Page 640] shall be devised, whereunto the said T C and I D shall appeare in proper person, and after declaration upon the said Writ made, according to the nature and form thereof: The said T C and I D shall vouch to warrantie the said T S. who likewise shall personally appeare and immediately enter into warrantie, and after declaration, shall vouch to warrantie the Common vouchee, who likewise shall enter into warrantie and after declaration shall imparle, and after shall depart in Contempt of the Court and make default, whereupon Judgement shall be given, that the said I G and James Mayo shall recover the premises against the said T C and I D; and the said T C and I D over in value against the said T S. and the said T S over in value against the common vouchee: And thereupon a Writ of Execution and seisin shall be awarded, sued forth, returned and filed, according to the order and course of Common Recoveries, in such like cases usually had and suffered. And it is covenanted, granted, concluded, condescended and fully agreed by and between the said parties to these presents for them and every of them, their and every of their heires and assignes, and the true intent and meaning of these presents and of all the parties therunto is, that as well the said recoverie so or in any other manner to be sued out, had and executed, and the said Fine or Fines in manner aforesaid, or in any other manner, levied, had and executed, from and after the perfecting of the said recovery; As also all other fines, recoveries and other assurances herafter to be had, made and executed, in, of or upon the said Manor, lands and premises, or any part thereof by and between the parties to these presents, or any of them, and the full force and execution [Page 641] of the same, shall be and enure, and shall be adjudged, esteemed and taken to be and to enure; and the said Recoverers and Conusers and their heires, and the Survivors and Survivor of them, and his and their heires shall stand and be seized of the same Manor and premises with the appurtenances to the only proper use and behoof of the said Earle &c. and of their &c. for ever, and to none other use, intent or purpose whatsoever. And further the said T S for him, his &c. doth covenant, promise and grant to and with the said Earle &c. their heirs and assignes by these presents, that he the said T S and his heires, and all and every other person and persons which do or shall lawfully claim any estate, right, interest, rent, reversion or demand of, in, unto or out of the said Manors, lands and premises above herein warranted, and to be defended by the said T S partie to these presents, and his heirs, or any part thereof, from, by or under him the said T S or his heirs, or from, by or under the said T S Father of the said T S, partie to these presents, the heirs or assigns of them, or any of them, or under, or by meanes of any act or acts, or title derived from them or any of them (excepting such person or persons to whom the said T S partie to these presents, hath granted one or two of the next Avoidances of the Church of W and presentations thereunto) shall and wil from time to time, and at all times hereafter at and upon the reasonable request and at the costs and charges in the Law of the said Earle &c. their heirs or assignes, do, make, acknowledg, leavie execute and suffer, or cause or procure to be made &c. all and every such further act and acts, thing and things, devise and devises, assurance and assurances in the Law whatsoever for the further, better, more perfect, sure and absolute granting, [Page 642] assuring and conveying, quiet and cleer having, holding and enjoying of the said Manors, lands, tenements, hereditaments, and all other the before bargained premisses, and of every part and parcel thereof with the appurtenances, unto the said Earle &c. their &c. and to the survivor of them and their heirs, be it by fine, feoffment, recovery, or by any other wayes or means whatsoever, with such warranty, and in such manner and forme, as by the learned Councell in the law of the said Earl &c. their heires or assignes shall be reasonably advised, devised or required. And lastly, the said T S partie to these presents, for him, his heirs, executors and administrators, doth covenant, promise and grant to and with the said Earl &c. their &c. by these presents, in manner and form following; that is to say, that they the said Earle &c. their heires and assignes, and every of them shall or may from time to time, and at all times for ever hereafter peaceably and quietly have, hold, use, occupie, possesse and enjoy the said Mannor or Lordship, messuage, lands and premises above herein mentioned to be warranted and to be defended by the said T S partie to these presents, and his heirs, and every part and parcell thereof with their and every of their appurtenances freed and discharged of and from all and all manner of former bargains, sales, gifts, grants, leases, intails, joyntures, dowers, rents, charges, statutes, recognizances, judgments, extents, executions, claims, duties, debts of record, and to the Kings Majestie, fines, issues, amerciaments, ouster le mains, liveries, and of and from all other charges, estates, titles, troubles and incumbrances whatsoever, had, made, committed, done, or wittingly and willingly suffered by the said T S party to these presents, and the said T S the Father, or any of them, or the [Page 643] heires and assignes of them, or any of them; or by any other person or persons lawfully claiming, or to claim, by from or under them, or any of them. (Except all and singular such grant and grants of avoidances, and of presentations to the Church of VV aforesaid, when the same shall become void, not exceeding the number of two of the next presentations thereunto, heretofore made and granted, and by the said T S to one J B Clark, or to some or one for him.)
In witnesse, &c.
A Clause to insert, after the Reddend. that if the rent be unpaid, after the day, the lease to determine.
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, after any of the feasts aforesaid, in which the same ought to be paid (being lawfully demanded) within the time and space of one and twenty dayes, that then, and from thenceforth this present demise, grant or lease, and every clause, article and covenant in the same contained, to be utterly void, frustrate, and of none effect. And that then also it shall and may be lawful to and for the said VV T his executors, administrators and assignes, into the aforesaid demised premisses, and into every part thereof to enter, and the same to have [Page 644] again, repossess and enjoy as in his and their first and former estate, any thing herein contained to the contrary thereof in any wise not withstanding.
An assignment and release.
THis INDENTURE made &c. betweene A D of London Gentleman, of the one part; and H C of London, yeoman of the other part; Witnesseth, that whereas E V Esq and M B by their deed indented, dated the &c. for the considerations herein expressed, have freely and absolutely granted, bargained, sold, assigned, and set over unto the said A and H their executors and assignes, all the estate, right, title, interest, term of years, claime and demand of them the said E and M. of, in and to all that new messuage or tenement with the appurtenances lately built, sometimes in the occupation of G C deceased, and late in the occupation of the said M B. situate, and being in Chancery-lane, in the County of Middlesex, by force of one Indenture of lease, to them the said [...] V and M B thereof made and granted by J R of &c. and M E of &c. bearing date &c. for divers years then and yet enduring, as by the same several Indentures, whereunto relation being had, more at large appeareth. Now these presents do further witnesse that the said A D, for divers good causes and considera ions him thereunto moving, hath by these presents given, granted, released, surrendred, assigned and set over unto the said H G his &c. all the estate, right, title, interest, term of years, claim and demand whatsoever, that he the said A D [Page 645] hath or may have in and to the said messuage or tenement with the appurtenances, and every part and parcel thereof, To have, hold and enjoy the same, and every part thereof to the said H C his &c. for and during all the term of years yet to come and unexpired, and mentioned to be granted by the former recited Indentures. And the said A D doth by these presents covenant and grant for him, his executors and administrators, to and with the said H C his executors, administrators and assignes, that he the said A D solely by himself, and whereunto the said H C is not partie and privy, hath not at any time heretofore done any act whereby the said messuage or tenement, or any part thereof is or shall be incumbred, but that the said H C his executors, administrators and assignes shall and may peaceably and quietly enjoy the same according to the true intent and meaning of these presents. And further, that he the said A D his executors and administrators shall and will at all times hereafter, upon reasonable request to him or them to be made by the said H C his executors, administrators or assignes, make any further and better assurance of the premises to the said H C his executors, administrators or assigns, according to the true intent and meaning of these presents.
In witnesse, &c.
An exact Table, as well Alphabeticall, as methodical; for the preceding Treatise.
- Apprentice, see Discharge. 569
Articles.
- Articles of agreement for a Carpenter pag. 1
- Articles of agreement for passing a Particular, rated in Fee simple under the great Seal, to two Patentees, and from them to the Purchasor. 16
- Articles of agreement Indented &c. between A B of &c. and C D of &c. for filing a book in reversion, granted by her Majestie. 18
- Articles of agreement, for passing a Lease in reversion. 21
Assignment.
- An Assignment of a Judgement, upon an assignment of a Satute, with a Letter of Atturney. 32
- An Assignment of a Lease, and bonds to perform the Covenants of the same Lease. 51
- An Assignment af divers obligations and bills. 60
- An Assignment of an annuity 77
- An Assignment of rent reserved by a lease, and granted in consideration of service. 87
- An Assignment of a lease, with divers very good Covenants therein. 98
- An Assignment of an Extent, and the land thereby extended. 134
- An Assignment of an extent, upon a Statute forfeited to the Queen. 138
- [Page]An Assignment of a Ward 214
- An Assignment of an Aprentice 287
- An Assignment of a Lease to a third person in trust, upon condition that if mony be not paid, the assignment void 432
- An Assignment of a Recognizance, with very good Covenants therein inserted 447
- An Assignment of a Bond for performance of Covenants 476
- An Assignment of two several obligations 495
- An Assignment of two Apprentices, and their years to come 497
- An Assignment from Patentees of part of their grant 502
- A Short Assignment to a third person 507
- An Assignment of lands extended to certaine uses 533
- An Assignment of an annuity 564
- An Assignment of the moity of a house and goods 603
- An Assignment of a Lease in trust whereof the Assignor is to take a further estate in the premises 614
- An Assignment of a Judgment 616
- An Assignment and release 644
- An Attachment in the Mayors Court 30
Assurance.
- An Assurance devised in a very good form, penned by Mr. Atkinson Councellor 91
- An Assurance of a joynture by fine and recovery 130
- An Assurance of a Joynture to the Wife, with remainders in tail 488
Award.
- An Award made between Executors 5
- [Page]An Award in another form. 9
- An Award in another form short 11
- An Award yeilded up, and the form thereof 368
- An Award and the form thereof 465
B
Bargain and Sale.
- A Bargain and sale to the Queen of lands, upon a condition of Redemption. 166
- A Bargain and sale of land from the Mortgagee and Mortgager to another 175
- A Bargain and sale upon condition made to Feoffees in Trust. 183
- A Bargain and sale absolute 195
- A Bargain and sale of Swans, and a Swan-mark. 210
- A
Bargain and sale of Underwood
211
- Of a Wardship 213
- Of Billets, Wood and Timber 218
- Of a house and lands 597
- A Bill of Sale. 438
Bonds.
- A Bond taken by the Sheriffes of London for ones appearance, and the condition thereof. 540
- A Bond to Church-wardens, conditioned to pay foure pounds per annum to the poor of the parish, and upon the death of any surety, to put another in his stead. 566
C
- A Certificate for payment of the subsidie. 374
- A Clause to insert after the Reddend. that if the rent be unpaid after the day, the release to determine. 643
- A Clause to avoid survivorship of a mans wife 89
Condition.
- A Condition for an Under Sheriff. 376
- A Condition to surrender lands. 377
- A Condition to cure a disease, or to repay the mony. 378
- A Condition to stand to an award. 378
- A
Condition not to sell lands had by marriage.
380
- To assure a sum of mony in consideration of a marriage. 380
- To repay mony had with an Apprentice. 381
- Not to demise lands without a licence. 383
- To pay mony yearely during the life of the obligee. 383
- To assure an Estate. 384
- To procure a surety to enter bond by a day. 385
- To pay money upon the obtaining of a Lease from the Queen. 385
- That the lessee shall not carry away any wainscot, or windows, at the end of his Lease. 386
- That the Deputy Atturnie shall pay costs and charges for all actions unlawfully prosecuted by him in the name of the grantor. 387
- To procure a Lease for years, in consideration of a [...] sum of money. 388
- To save one harmlesse of a bail in the Kings Bench. 389
- To acknowledg satisfaction upon a Judgment in an Information. 39
- [Page]For delivery of wooll. 391
- That the Lessee shall pay the rent reserved by his Lease. 392
- To make and deliver a release by day, at a certain place. 393
- The obligor to pay mony for wares delivered in turst to another, if he make default of payment. 393
- To assure lands after recovery had, by the means of C D. 394
- To deliver writings to be cancelled at a day certain, and place. 395
- To repay money upon mislikeing of a bargaine in communication. 396
- To save one harmlesse for delivery of an Indenture. 396
- For a Purveyor of wheat for his Majesty 397
- To seal a Lease by a day, according to a draught thereof already made 398
- To procure lands to be passed in Fee simple from his Majesty, and the Patentee to convey it to the obligee by a day, be then paying the Patentee a sum of mony 399
- To pay a summe of mony upon the passing of Lands, from his Majestie in Fee and to procure a survey of the woods, and to pay for them 401
- To make an assurance of land 402
- A Condition for non residency 403
- A Condition to pay a summe of mony at two several payments 461
- A Condition to pay mony within four daies after, if the parties bound in an obligation, pay it not at the day 506
- A Condition to pay a summe of mony to children at their several ages, according to the will by which [Page] it was given, the bond being made to the executors 511
- A Condition for payment of mony to a childe when he comes to age, and in the mean time to find it, and bring it up 512
- A Condition of arbitrament, general and special 529
- A Condition for the truth of an Apprentice, and to restore the value of all such goods as by proof shall appear he hath embezeled 530
- A Condition to acknowledg satisfaction upon a judgment 531
- A Condition to save harmlesse of a Bail 531
- A Condition to make assurance upon request 532
- A Condition to find one his diet by the yeare 540
- A Condition for passing a Fine 569
- A Condition to save one harmlesse of a Recognizance taken for ones appearing 570 580
- A Condition to repay all such charges as the Tenant shall be at, by reason of the payment of his rent, there being controversie concerning the title of the house 572
- A Condition to discharge the Church-wardens and Parishioners of a child born in the Parish 573
- A Condition to surrender Copi-hold lands, and to cause him to be admitted Tenant 374
- Another for quiet enjoying, and for the assurance of land 575
- A Condition to pay a sum of mony after 10 l. per cent. if the party be living at the day of payment, if dead, to abate the interest, and some of the principal 577
- A Condition to lend a summe of mony at a certain day nominated, for a certaine time then following, without interest 577
- Another for payment of an Annuity 578
- Another to pay a certain sum of mony at a day, and then to put in other sureties for payment, of another sum at a day then following 579
- [Page]A Condition for performance of an Award 579
- A Condition to save harmlesse for the bailing of one at two several actions 581
- Another for payment of mony if a man be nonsuited. 582
- Another for to pay a sum of mony at a day, and then to put in other security for the payment of another sum at a day then following 582
- A Condition for performance of Covenants 583
- A Condition of Arbitrament General 595
- A Condition not to revoke a Letter of Atturnie, but to justifie all actions to be brought for the recovery of the debt 601
- A Condition to save harmlesse a Tenant, by reason of the payment of his rent 602
- A Condition for the delivery of certain writings, by a day to be cancelled 608
- A Condition to save harmlesse sureties bound for the Behaviour 620
- A Condition concerning marriage 621
- Another concerning marriage 622
- A Condition for the resignation of a Prebendary upon request 622
- A Condition to pay a sum of mony at a time after the day of marriage, or hour of death, which shall first happen 632
Confirmation.
- A Confirmation of a Lease short 146
- A Conformation to the assignee of a Lease ibid
- A Confirmation from the King of a Presentation. 314
- A Conveyance out of Letters patents. 270
Covenants.
- Covenants to set up a grate of iron to be placed about a Tombe 23
- Covenants to hew and make an alablaster Tomb 24
- [Page]A Covenant for further assurance 82 557
- A Covenant to pay money yearly during a mans life 84
- A Covenant to repay money upon eviction 118
- A Covenant to surrender Copy-hold lands 209
- A Covenant to sue forth a writ of Entry of a Manor 247
- A Covenant to sue forth a Recovery in the Hustings Court London, upon a writ of right 248
- Another for a Recovery to be passed 249
- Another for a Recovery already passed 250
- A Covenant to make an acquittance upon payment of money 287
- Covenant to avoid the title of Survivorship where lands are granted to two. 329
- Covenant, that after default of payment the possession of lands in mortgage shall be delivered to the mortgagee, and all deeds concerning the same 526
- Covenant for levying of a Fine 555
-
Covenant to surrender at the next Court
556
- That the premisses are discharged of incumbrances. 558
-
Covenant, that he is lawfully seised, and hath power to demise.
559
- that the Lessee shall not commit waste, cut nor sell the trees without the consent of the Lessor. 559
D
Deeds.
- A Deed of Revocation very large, and very short. 230 238 442
- Deed of Gift upon condition to be void upon the tender of five shillings. 216
- Deed of gift of lands without an Indenture 282
- [Page] Deed of feoffment for a wives Joynture 283
- Deed of gift made to one to save him harmlesse from all Bonds 426
- Deeds of gift 481 482 484
Defeasance.
- A Defeazance of an obligation forfeited 28
- A Defeazance of a Statute and obligation 29
- A Defeazance upon a bond sued to a judgment 542
- A
Defeazance for payment of
100 li. per Annum for a time
563
- Defeazance, see Indenture 565
- A Demise of a lease forfeited for non-payment of Rent 112
- A Discharge of an Apprentice from his service 569
- A Deputation of a Bailiffe, or receiver 365
- A Deputation of a Patent, and the form thereof 611
E
- Extent, see Assignment 134 13 [...]
F
- A Feoffement with a Letter of Atturnie, upon condition expressed in an Indenture 301
- A Feoffement upon condition of payment of mony 303
- A Feoffement in part of performance of Covenants in a certain Indenture 305
- A Feoffement with a general warranty 609
- Fees for passing a book of 50 li. per An. &c. 352
- Fees Touching Wards. 354 355
G
- A Gift of ones interest in an advowson 311
- A Gift of an advowson from the King 315
- Another from a Bishop 316
Grant.
- A Grant of an annuity or Rent-charge 75
- A Grant from the Queen of the goods of one that is outlawed. 148
- A Grant of the forfeiture of a Recognizance, acknowledged before two Justices of the peace to the Queens use. 153
- A Grant of an annuity for the maintenance of an almshouse, or of an Hospital 169
- A Grant of indenization to aliens born 279
- A Grant of an annuity for life 285
- A Grant of the presentation to a Vicarage 308
- A Grant of a Presentation riciting a former gift, Extraordinary 309
- A Grant from the King of the goods of a person outlawed 320
- A Grant of the Office of keeping a great House, and a Park 318
- A Grant of a Keepership of a Park 364 416
- A
Grant of a stewardship
366
- Of the reversion of certaine lands 445
- Of an extent, Penned by Tho. Bromley Solicitor 473
- Of an advowson from the King 513
- Of a rent reserved by Lease 548
- Of a Receivorship from a Noble man 591
- Of an annuity for a mans advise in Law 596
I
Indentures
- An Indenture for marriage 155
- An Indenture of Covenants, for the passing of a Recovery 198
- An Indenture for limitation of uses and estates 221
- An
Indenture between Executors, with divers Covenants amongst themselves
239
- Indenture of bargain and sale 288
- Indenture of allotment of several parts of lands. 322
- An
Indenture where two have a joynt estate, upon condition that either of them may have an equal part in the land, or money lent, taking no benefit by Survivorship
331
- Indenture of partition 333
- Indenture between partners 335
- An Indenture where three have purchased land joyntly, that upon sale thereof, all summs of money shall be equally divided amongst them 338
- An
Indenture where a Lease is granted to three joynt Lessees, that every of them is to pay his part of the rent, and equal part in the charge of repairing, and other charges
339
- Indenture from an Under-sheriff to the high Sheriff 342
- Indenture to sue forth a writ of entry of a Manor 247
- Indenture of an annuity 404
- Indenture of bargain and sale of a Manor, with necessary Covenants 408
- Indenture to leade the use of a Fine 415
- Indenture of division between two joynt purchasors, with a rehearsal of their Grant 418
-
[Page]An
Indenture for justifying of actions, upon setting over a Statute
458
- Indenture between the Scavengers and the Raker, for cleansing the Streets 459
- Indenture of partition 546
- Indenture of Covenants for passing of a recovery to cut off an intail 561
- An
Indenture of defeazance for the making void of all former Statutes, payment of the mony, and performance of Covenants
565
- Indenture of Apprentiship 571
- Indenture of Covenants concerning a bargain and sale of a Manor, with a Proviso 583
- An Indenture Tripartite of Mortgage of several Tenements in London, and a Recovery thereof had in the Hustings Court, and the uses specified 623
- An Indenture Tripartite of settlement by Fine and Recovery 635
- Joyntures see Assurance 430 488
L
Leases.
- A
Lease of a Cole-mine, or Cole-pit
12
- Of a ferry 26
- Of Tithes 36
- Of a messuage with an increase of rent paid quarterly in the name of a Fine 40
- Of a Manor 45
- Of land 48
- Of a messuage and of lands 63
- Of lands in Exchange 68
- Of a mill 94
- A
Lease with two rents reserved
104
- Of a Tenement with good Covenants 108
-
[Page]A
Lease upon a condition in mortgage, for Collateral security
115
- For three lives, with a Recital of a former lease and several Covenants 120
- For lives, with fine and recovery 125
- Of a house in London 422
- Of a house and certain lands in consideration of a sum of money, the Fee simple being in the Lessor 428
- A Lease made in consideration of the surrender of a former Lease for a longer time, if three live so long, with good covenants 467
- A short
Lease of certain tithes, to commence after the expiration of a lease in being
480
- Of a Farm-house, and certain lands, with necessary covenants 490
Letters of Atturny
- A
Letter of Atturnie to receive possession and seisin
304
- To receive an annuity 307
- To take possession of a Patentee 349
- To deliver a Lease upon the ground, with an Indorsment thereof 356
- To make composition for letting of lands 358
- A general Let. of Atturney to enter and let lands. 360
- A
Letter of Atturney to take possession
357
- To receive a debt and give a discharge 462
- To receive rent and mony from time to time. 463
- To receive mony due upon a bond 464
- To enter upon lands & deliver a lease. 500 501 541 619
- upon covenants 527
- upon a specialty not due, with covenants to justify actions 550
- upon an extent, to enter and make leases 553
- for setting over a bond 592
- [Page]Another to receive a Pension out of the Exchequer. 593
Licences.
- A Letter of Licence from creditors to debtors 369
- A
Licence for non Residence, a Qualification.
317
- for the admission of a Chaplain into service. 318
- to passe over sea 371
- for a Buck & Doe for the life of the grantee. 372
- to transport Beare 373
- to a Butcher to sell flesh 375
- A Liberty to make Leases 560
M
- A Mortgage of Letters patents, and the lands thereby granted 157
- A Mortgage of a lease for Indempnity of certain sureties bound in an obligation made to another in trust for their uses 435
- A Mortgage of lands 521
O
- Obligation see Bond.
P
- Presentations by the King, and others to benefices 312 313
- A
Proviso for payment of moneys
306
- Proviso that if the Lessor be minded to surrender his grand lease to take a further estate in the premises, then the demise to be void 499
R
- A Recital where the Lease may not be seene 114
- [Page] Recitall of an Indenture and Covenants of a lease for lives. 120
- A
Recognizance from one to one
543
- from two to one 544
- taken by a Justice of peace for appearance 474
- A Refeoffment upon a deed of feoffment for a wives Jointure. 384
Release.
- A Release of a proviso or condition for payment of mony reserved upon an indenture of bargain & sale. 251
- A
Release where three have a joint estate of inher.
253
- of an assignment made upon condition 255
- Of a Mannor 256
- of a rent reserved in a pair of articles of agreement 258
- of a condition in an Indenture of bargain and sale, with the proviso recited 261
- of an annuitie 262
- Of the condition and other covenants in an indenture of Mortgage, with a confirmation from the Mortgager to the Mortgagee 263
- Of errors, in passing a Fine and Recovery, and other assurance 267
- A
Release from one patentee to another
296
- From one purchasor to another 298
- Of lands mortgaged 439
- A generall Release 452, 464
- A
Release to one that hath lost the counterpart of his Lease
452
- Of fines and forfeitures due to the King, and the Informer upon the Statute of Recusancy. 454
- From one used in trust of all the benefits he might claim by vertue of any covenants in the indenture 456
- Of an annuitie 477
- Of a Dower. 485
- [Page]A Release to one that hath lost his articles of agreement 486
- A
Release taken from one used in trust
539
- Of lands in performance of articles 606
- For waste done 617
- Of Errors in a Fine 632
- Of all right &c. in lands to him in possession. 633
- A Revocation of a suit. 545
S
- A Sale of an apprentices Indenture and term of years. 295
- A Sale of a moity of rent reserved by lease. 514
Surrender.
- A
Surrender to the King of a Lease for years.
274
- Of a lease for lives to the King 276
- Of the Captainship of a Castle 475
- Of a lease, for obtaining of a new lease 544
W
- A Warrant to the Auditors for making particulars from the Lord Treasurer 347
- A Warrant from the King for a lease in reversion. 351
- A Will, and the form and preamble thereof 487