An Indenture of an Annuity.

THis Indenture made the twentieth day of, &c. in the, &c. between I. S. of Skipton, in the County of York Esq of the one part, and C. P. of London Esq of the other part, witnesseth, that the said I. S. for and in consideration of the sum 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 ac­knowledge and confess himself to be fully satisfied, and thereof, and of every part and parcel thereof, doth clearly acquit and dis­charge the said C. P. his Heirs, Executors and Administrators, and every of them, for ever by these presents: Hath given, granted and confirmed, and by these presents doth give, Grant. grant, and confirm for him and his Heirs, unto the said C. P, his Executors and Assigns. One Annuity of yearly Rent­charge of Two hundred pounds of lawful Money of England, to be issuing and going out of all those the Mannors and Lordships of Stanton, &c. with all and singular their rights members and ap­purtenances, in the said County of York, and out of all and sin­gular the Messuages, Cottages, Houses, Edifices, Buildings, Barns, Stables, Orchards, Gardens, Lands, Tenements, Meadows, Feed­ings, Pastures, Commons, Moors, Marishes, Rents, Reversions, Services, Profits, Commodities, Emoluments and Hereditaments whatsoever, with the Appurtenances to the several Mannors, or any of them belonging, or heretofore had, used, reputed, occupied or enjoyed, as part or parcel of them, or any of them: And also out of all other the Lands, Tenements, and Hereditaments of the said I. S. within the said County of York, To have and to hold, perceive, receive, and take the said Annuity, or yearly Rent­charge of, &c. unto the said C. P. his Executor; and Assigns, from the day of the date of these presents, for and during the full term and time of forty years now next ensuing, and fully to be com­pleat [Page 2]and ended, if the said C. P. and R. P. Esq Nephew to the said C. P, or either of them shall so long live; To be paid at four most usual Feasts, or Terms, in the year; that is to say, the Feast of, &c. by even and equal portions, at or in the Church-porch of the Parish-Church of, &c. And the said I. S. for himself, A Covenant to pay [...] l. for every day after default in payment of the Rents, and to Re­enter. his Heirs, Executors, Administra­tors and Assigns, and for every of them, doth Covenant, Promise and Grant, to and with the said C. P, his Heirs and Assigns, 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-days, in which the said ought to be paid, being lawfully demanded, according to the true intent and meaning of these presents. That then he the said I. S. his Heirs and Assigns, shall and will not onely forfeit and lose unto the said C. P. his Executors or Assigns, nomine poenae, the sum of forty shillings of lawful money of England, for every day the said yearly Rent shall happen to be behind and unpaid, in part, or in all, over, or after any of the said Feast-days; wherein the same ought to be paid, as before is mentioned: But also that it shall and may be lawful to and for the said C. P. his Executors and As­signs, and to and for every of them, from time to time, from and after every of the said Feast-days, 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 Mannors, 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 premises, with all and singular their appurtenances, and into every or any part or parcel thereof, at his, or their, or any of their free wills or pleasures, to enter and distrain, as well for the said yearly Rents, as for the said sum or sums of Money, which shall or may happen to become forfeited or lost, for or in the name of a pain, as is aforesaid, and for the a [...]erages of them, and either of them, if any shall happen to be; and the Distress and Distresses then and there found, to lead, drive, take and carry away, and the same to detain and keep, until the said C. P, his Executors or As­signs, shall be fully satisfied, contented and paid. Covenant that he is seized in Fee, and hath power to charge the Premises with this Annuity. And the said I.S. for himself, his Executors, &c. doth covenant and grant to and with the said C. P, his Executors, &c. that he the said I. S. at the time of the ensealing and delivery of these present [Page 3]Indentures, is solely, rightfully and absolutely seized in his De­measn, as of Fee-simple, to his own proper use and behoof, with­out any manner of condition, or limitation of any Use or Uses, to alter, change or determine the same, of and in the said Mannors, Messuages, Lands, Tenements, Hereditaments, and all other the Premises above named, with their Appurtenances, and of every part and parcel thereof: And that he now hath full Power and lawful Authority to charge all and singular the same Premises, with the Appurtenances, and every part thereof, to and with the said Annuity, or yearly Rent, &c. in manner and form above declared; And also that the said Mannors, Messuages, Lands, Tenements, and all other the Premises, now are, and so from time to time, and at all times for and during the said term of forty years (if the said R. and C, or either of them, shall so long live) shall and may remain, and continue liable, sufficient and avert to and for Distresse, and Distresses of the said A, and of his Executors or Assigns, as the case in that behalf shall require, for and con­cerning the said yearly Rent, and other the Premises, and every part thereof: And the said I. S. for himself, &c. that he the said I. S, his Executors and Assigns, shall and will from time to time, and at all times hereafter, for and during the space of five years next ensuing the date hereof, at the reasonable request of the said C. P, his Executors and Assigns, or any of them, at his or their, or any of their proper costs and charges in Law, do, make, know­ledge and suffer, or cause and procure to be done, made, know­ledged and suffered, all and every such further reasonable and law­ful act and acts, thing and things, device and devices in the Law whatsoever, for the further, more better and perfect assurance, surety, and sure-making of the said Annuity, or yearly Rent-charge of, &c. to the said C. P, his Executors and Assigns, for and during the said term of forty years, if the said C. and R. do so long live, according to the true intent and meaning of these presents, as by the said C. P, his Executors, Administrators or Assigns, or by any of them, or by any of their Council learned in the Law, shall be reasonably devised, advised, or required. In witness whereof, the Parties aforesaid to these present Indentures, have not onely inter­changeably set their, &c. but also the said I. S. hath given and de­livered unto the said C. P. ten shillings current English money, in the name of seisin of the aforesaid Annuity, or yearly Rent-charge of, &c. before mentioned. Dated the day and year above written.

An Indenture of Lease, with extraordinary Covenant.

THis Indenture made, &c. between C. B. of, &c. of the one part, and I. S. of Stretton in the County of, &c. witnesseth, That the said C. B. for and in consideration of, &c. hath demised, granted, set, and to farm-let, and by these presents doth, &c. unto the said I. S. all that his Messuage or Tenement, set, lying, and being in, &c. aforesaid, together with all Houses, Edifices, Build­ings, Barns, Yards, Orchards, Crofts, Lands, Meadows Pastures, Feedings, Commons, Profits and Commodities whatsoever, to the said Messuage or Tenement of right in any wise belonging, ly­ing within the Town or Fields of Stretton aforesaid: All which Messuage or Tenement, with all other the Premises, are now in the Occupation of the said I. S. (except and alwayes reserved) out of this present Lease, all manner of Trees growing or being in or upon the said Premises, or any part thereof; to have and to hold the said Messuage or Tenement, with all Houses, Edifices, Build­ings, Barns, Yards, Orchards, Crofts, Lands, Meadows, Pastures, Commons, Profits and Commodities, with their Appurtenances, as is aforesaid (except before excepted) unto the said I. S, his Exe­cutors, &c. from the day of the date of these presents, unto the full end and term of 21 years, from thence next ensuing, and fully to be compleat and ended; yielding and paying therefore yearly, during the said term, unto the said C. B. and the Heirs of his body lawfully begotten; and for default of such Issue, to the right Heirs inheritable to the Premises, the yearly Rent of, &c. at two of the usual Feasts in the year; that is to say, at the Annunciation of our Lady, and St. Michael the Archangel, by even and equal por­tions, and doing service to the Court of the said C. B. his Heirs, and others aforesaid, at his or their Mannor of S. aforesaid, as of­ten as it shall be kept there, at or upon reasonable summons or warning, as other Tenants of the said Mannor do, or should do: And at the decease of the said I. S. and such his Assigns, as hereaf­ter by him shall be nominated or appointed, dying Tenants of the Premises, to pay his or their best Beast unto the said C. B, and to such as the remainder or reversion of the said Mannor should come unto, in the name of a Heriot: And if it shall happen the said yearly Rent of, &c. to be behind, or unpaid, in part, or in all, by the space of, &c. next after any of the said Feasts at which it ought to be paid (if it be lawfully demanded) that then and from [Page 5]thenceforth, it shall and may be lawful unto and for the said C. B. his Heirs, &c. and all and every other the person or persons above named, to whom the Right thereof shall appertain as aforesaid, into the said Messuage or Tenement, and all other the Premises, with the Appurtenances, wholly to re-enter, and the same to have again, retain and re-possess, as in his or their former estate, this Indenture, or any thing therein contained to the contrary in any wise notwithstanding. And also it is covenanted and agreed, that it shall and may be lawful unto the said I. S. and his Assigns, to lop the Trees growing upon any parcel of the Premi­ses heretofore lopped, at all times convenient, For Reparation. for the necessary fencing of the Hedges: And the said I. S. doth Covenant and Grant, for him, his Executors, Ad­ministrators and Assigns, by these presents to and with the said C. B. his Heirs, Executors, Administrators and Assigns, and every of them. That he the said I. S. and his Assigns, shall and will make and do, or cause to be made or done, at his or their own proper costs and charges, all and all manner of reparations in and upon the Premises, before by these presents granted and letten, from time to time, when and as often as need shall require, during the said term of, &c. and so well and sufficiently repaired, shall in the end of the said term, or other sooner determination of this present Lease, yield up and leave the same. And further, shall from time to time, To do suit belong­ing to the Mills of the said Mannor. during the said term, do his or their suit for or belonging to the Mill or Mills of the said C. B. within the said Mannor of S. aforesaid, and all such Corn and other Grain whatsoever, as the said I. S. aforesaid doth or may ac­customarily use to grind, or cause to be ground, to be at the same Mill or Mills ground. And it is further covenanted and agreed between the said Parties, that it shall and may be lawful to and for the said C. B. and his Heirs, or any to whom the Right thereof shall appertain as aforesaid, if it be their pleasure, at any time here­after during the said term, to make an exchange of parcel or par­cels of the Lands or Meadows, or any part or parcel of the pre­mises belonging to the said Messuage or Tenement, and to take and have the same at his or their will and pleasure, giving and al­lowing unto the said I. S. and his Assigns, as much Land in quan­tity and goodness for the same, in such place within the Fields of S. aforesaid, as by the judgment and discretion of sour of the Tenants of the said C. B. and his Heirs, or any to whom the Right thereof shall appertain as aforesaid, then dwelling in S. aforesaid, shall be [Page 6]adjudged, nominated and appointed: And the said I. S. cove­nanteth and granteth, &c. that he the said I. S. or his Assigns, shall and will yearly during the said term, at seasonable times, due and convenient in the year, plant or set in or upon the premises six handsome young Trees or Saplings of Oak, Elm or Ash, and them so planted and set, shall from time to time yearly cherish, preserve, sustain and suffer to grow and encrease, to the most profit, use and behoof of the said C. B. his Heirs and Assigns for ever. Provided alwayes, and it is fully conditioned and agreed between the said Parties, that the said I. S. shall not at any time hereafter Demise, Grant, Let, Set, Assign, or by any other way, or means, put away or depart with the said Leases, Term of years, Messuage or Tene­ment, and other the premises, with the appurtenances, or any part or parcel thereof, or do, procure, or suffer to be done, any act, deed, or thing whatsoever, whereby the same, or any part or parcel thereof, shall or may at any time hereafter, Revert, De­scend, or come unto any person or persons whatsoever, other than unto his Wife and Child, at any time during the said term, without the consent of the said C. B. or his Hei [...]s, and other the persons aforesaid, first had and obtained in Writing under his or their Hands or Seals, upon pain of forfeiting of this Indenture of Lease, any thing herein contained to the contrary in any wise not­withstanding.

And the said C. B. convenanteth for himself, his Heirs, Executors and Administrators, &c. to warrant and defend the said Messuage or Tenement, and all other the premises above letten, unto the said I. S. and such his Assigns as are above expressed against all and every person or persons pretending any Title to the same, from, by or under him the said C. B. his Heirs or Assigns, during the said Term, according to the true intent and meaning of these presents. In witness whereof the Parties first above named unto these present Indentures interchangeably have set their Hands and Seals, the day and year first above written, Anno (que) Dom. 1636.

A Deed of Gift made to One to save him harmless from all Bonds.

TO all Christian people to whom this present Writing shall come, II. P. of, &c. send greeting in our Lord God ever­lasting: Know ye, That I the said I. P. as well for the indemnity, discharge and saving harmless of R. B. of, &c. his Heirs, Execu­tors and Administrators, and every of them, off and from all [Page 7]manner of Bonds and Writings Obligatory whatsoever wherein the said R. B. is and standeth bound for me the said I. P. in any sum 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, Grant. bargain­ed, sold and confirmed, and by these presents do give, grant, bargain, sell and confirm unto the said R. B. all and singular my Leases, Goods and Chartels whatsoever, as well real as per­sonal, of what kind, nature, quality or condition soever the same are or be, and in what place or places soever the same shall or may be found, as well in my own custody and possession, as in the hands, custody and possession of any other person or persons whatsoever; To have and to hold all and singular the said Leases, Goods and Chattels, and all other the premises, with the appur­tenances, to the said R. B. his Heirs, Executors, Administrators and Assigns, to his and their own proper use and behoof for ever: And I the said J. P. and my Heirs, all and singular the said Goods and Chattels, and other the premises, unto the said R. B. his Executors, Administrators and Assigns, to his and their own pro­per use as aforesaid, shall and will warrant and for ever defend, by these presents. Provided always, That if the said I. P. my Exe­cutors, Administrators or Assigns, or any of us, do or shall from time to time, and at all times hereafter, clearly acquit and dis­charge, or otherwise sufficiently save and keep harmless the said R. B. his Executors, Administrators and Assigns, and all his and their Goods, Chattels, Lands, Tenements and Hereditaments, and every of them, off 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 sum or sums of money, and off and from all manner of Actions, Suits, Char­ges, Troubles, Expences and Demands whatsoever, which shall or may in any wise hereafter happen, come, grow, or be, to or against the said R. B. his Executors or Administrators, or any of them, for or by reason, or means of the same Obligations or Writings obligatory, or any of them, or any thing in them, or any of them mentioned or contained, that then this present Deed or Grant, and every thing herein contained, shall be utterly void and of none effect, any thing herein before specified to the contrary thereof in any wise not withstanding. In witness whereof, &c.

A Lease of a House and certain Lands made in consideration of a certain sum of money, the Fee-simple being in the Leasor.

THis Indenture made, &c. between M. C. of, &c. Gentle­man, and A. C. his wife on the one part, and T. E. of, &c. Esq on the other part, witnesseth, That the said M. C. and A. his wife, for and in consideration of the sum of, &c. of lawful money of England to them in hand paid before the ensealing and delivery of these presents by the said F. E. whereof and wherewith they the said M. C. and A. acknowledge themselves to be fully satisfied, contented and paid, and thereof, and of every part and parcel thereof, do clearly acquit and discharge the said T. E. his Executors, Administrators and Assigns, by these presents, have Demised, Granted, Set, and to Farm-let, and by these pre­sents do Demise, &c. unto the said T. E. his, &c. All that their Mansion-house, with the Rights, Members and Appurtenances thereof, scituate, lying, and being in Arlescot, in the Parish of N. in the County of W. and all that Close of Pasture commonly called or known by the name of the great Close, containing by estimation forty Acres, be it more or less; and also all that Close of Pasture commonly called or known by the name of the middle Pasture, containing by estimation forty 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 said M. or his Assignee or Assignees, and are scituate, lying and being in A. aforesaid in the said C. of N. and also all other Messuages, Houses, Edifices, Buildings, Barns, Sta­bles, Dove-houses, Orchards, Gardens, Tenements, Meadows, Pastures, Feedings, Woods, Under-woods, Commons, Waste­ground, Moors, Marshes, Rents, Reversions, Services, Profits, Commodities and Hereditaments whatsoever of them the said M. C. or A. C. or either of them, scituate, lying and being in A. aforesaid, or in either of them, in the said County of N. To have and to hold the said Mansion-house, Closes of Meadow, Pasture and Arable, and all and singular other the premises, with their and every of their appurtenances before by these presents demised, and every part and parcel thereof unto the said T. E. his Executors, Administrators and Assigns, from the Feast-day of, &c. last past, before the date hereof, unto the full end and term of, &c. from thence next ensuing, and fully to be compleat and ended, yielding [Page 9]and paying therefore yearly during the said term unto the said M. C. and A. his Wife, their Heirs and Assigns, one Pepper-corn at the Feast of, &c. if the same be lawfully demanded; And the said M. for himself, and for the said A. his Wife, their Heirs, Exe­cutors, Administrators and Assigns, and every of them, doth Co­venant, Promise and Grant to and with the said T. E. his Execu­tors, Administrators and Assigns, and to and with every of them by these presents, in manner and form following. That is to say, That he the said M. C. at the time of the ensealing and de­livery of these presents, standeth and is lawfully seized in his De­measn, as of Fee, of and in the said Mansion-house, and several Closes, and of and in all other the premises, 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 or determine the same: 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 Mansion­house, and other the premises, with their appurtenances, and eve­ry part and parcel thereof, unto the said T. E. his Executors, Ad­ministrators and Assigns, in manner and form aforesaid, and also that the said Mansion-house, Closes, and other the premises before by these presents demised, or meant, mentioned or intended to be demised, and every part and parcel thereof, now are, and by and during the said term of, &c. by these presents granted, shall be, remain and continue unto the said T. E. his Executors, Admini­strators and Assigns of the clear yearly value of, &c. at the least over and above all charges and reprizes; and further that the said T. E. his Executors, Administrators and Assigns, under the Rents, Covenants, Grants and Agreements in these presents contained, shall and may at all times hereafter, and from time to time during the term hereafter granted and demised, or meant, mentioned or intended to be granted or demised; quietly and peaceably have, hold, use, occupy, possess and enjoy the said Mansion-house, Closes, and all other the premises, and every part and parcel of them, with their and every of their appurtenances: And the Rents, Issues and Profits thereof, shall or may receive, perceive and take to his and their own proper use and behoof, clearly ac­quitted, exonerated and discharged off, and from, all manner of former and other Bargains, Sales, Gifts, Grants, Leases, Joyntures, Dowers, Statutes-Merchant, and of the Staple Recognizances, Intrusions, Judgments, Executions, Rent-charges, Rent-seck, Ar­rerages of Rents, Debts and Duties to the Kingdom. And off [Page 10]and from all other Charges, Titles, Troubles and Incumbrances whatsoever, had, made, committed, done or suffered, by the said M. C. and A. or either of them, their or either of their Heirs or Assigns, or by any other person or persons whatsoever: And moreover the said M. C. for himself, and for the said A. his Wife, their Heirs, Executors and Administrators, and for every of them, doth Covenant, Promise and Grant to and with the said T. E. his Executors, Administrators and Assigns, and to and with every of them by these presents, that be the said M. C. and A. his wife, their Heirs and Assigns, shall and will at all times hereafter, and from time to time during the term and space of five years next en­suing the date hereof, upon all and every reasonable request and requests to him or them, or any of them to be had or made by the said T. E. his Executors, Administrators or Assigns, or any of them, and at the costs and charges in the Law of him the said T. E. his Executors or Assigns, or some of them, do make, ac­knowledge, execute and suffer, or cause to be done, made, know­ledged, executed and suffered, all and every such further lawful act and acts, thing and things, device and devices in the Law what­soever, for the better confirmation of these presents. And for the better and further assurance, surety, sure-making and conveying of [...]he said Mansion-house, Closes, and other the premises, and every or any of them, with their and every of their appurtenances, for and during the said term of, &c. years, hereby granted, or men­tioned to be granted unto the said T. E. his Executors, Admini­strators or Assigns, 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 Council learned in the Law, shall be reasonably devised, &c. In witness, &c.

In Assignment of the same Lease and Premiss to a third person in trust, upon condition that if the money be paid, the Assignment to be void.

THis Indenture made the, &c. between T. E. of, &c. 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, being dated the, &c. for the considerations therein mentioned, did demise, grant, and to Farm let unto the said T. E. his Executors, Administrators and Assigns, all that his Mansion-house, with the Rights, Members and Appurtenances thereof scituate, lying and being in Arlescot, in [Page 11]the Parish of N. in the County of N. and all that Close of Pasture, commonly called or known by the name of the great Close, con­taining by estimation forty Acres, be it more or less; and also all that Close of pasture, commonly called or known by the name of the middle pasture, containing by estimation forty Acres, be it more or less; and all that Close of Meadow, &c. all and singular which said Closes, and other the premises, then or late were in the Tenure or Occupation of the said M. his Assignee or Assignees, and are scituate, lying and being in Arlescot aforesaid, in the said County of N. and also all other Messuages, Houses, Edifices, Buildings, Dove-houses, Orchards, Gardens, Tenements, Mea­dows, Pastures, Feedings, Woods, Under-woods, Commons, Waste-ground, Moors, Marshes, Rents, Reversions, Services, Pro­fits, Commodities and Hereditaments whatsoever of them the said M. C. and A. C. or either of them, scituate, lying and being in A. aforesaid, and N. or either of them, in the said County of N. to Have and to Hold the said Mansion-house, Closes of Mea­dow, Pasture and Arable, and all and singular other premises, 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 Assigns, 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, yielding and paying therefore yearly, during the said term, unto the said M. C. and A. his wife, and to the Heirs and Assigns of the said M. one pepper-corn onely 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 appear. Now this Indenture further witnesseth, the said T. E. for and under the Proviso or Condition hereafter in these presents mentioned and expressed, hath granted, bargained, sold, assigned and set over, and by these presents doth fully, clearly and absolute­ly grant, bargain, sell, assign and set over unto the said T. C. his Heirs and Assigns, all the Estate, Right, Title, Interest, Property, Possession, Term of years, Claim 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 premises, 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 [Page 12]of Lease; Provided alwayes, That if the said T. C. his Heirs, Executors, Administrators or Assigns, or some of them, shall not well and truly pay, or cause to be paid unto the said T. E. his Exe­cutors, Administrators or Assigns, the sum of, &c. at or on, &c. without fraud, &c. That then this present Indenture, and all and every Covenant, Grant, Article and Agreement therein contained, shall be utterly void, frustrate and of none effect; any thing herein before specified to the contrary thereof in any wise notwithstand­ing. In witness, &c.

An Assignment of a Judgment, with a Letter of Atturney therein asserted.

TO all Christian People, to whom this present Writing shall come, we I. H. Clerk, Parson of, &c. and O. B. of, &c. Son and Executor of I. B. late of, &. Gentleman, deceased, send greeting; Whereas there is a Judgment of 400 l. depending in the Court commonly called the Kings Bench at Westminster, against E. S. of F. Esq and R. S. of F. aforesaid, Gentleman, at the suit of me the said I. H. and of the said I. B. deceased, as by the Record thereof remaining in the said Court of Kings Bench, more at large may appear, upon which Judgment, there hath been Execution lately prosecuted and taken forth. Now know ye, That we the said I. H. and O. B. for divers just Causes and valuable Considerations us hereunto especially moving, Have granted, transferred, assigned, and set over; and by these pre­sents do clearly and absolutely grant, transfer, assign and set over unto Anthony H. of Lincolns Inn, in the County of Mid­dlesex, Gentleman, his Executors, Administrators and Assigns, as well the said Judgment of 400 l. aforesaid, as also all the Be­nefit, Commodity, Sum and Sums of Money, profit and advan­tages whatsoever, that now is, or hereafter shall be obtained or gotten, by reason or means of the same Judgment, or of any Execution or Extent thereof, or thereupon to be had, sued, exe­cuted or obtained, and all the Estate, Right, Title, Interest and Demand whatsoever, which we the said I. H. and O. B. or either of us have or ought to have or claim, of, in and to the said Judg­ment of 400 l. or any sum of Money, Lands, Tenements, or other things, which by vertue thereof, or of any Execution, Process, or proceedings thereupon used, shall be recovered, obtained or gotten; and further, we the said I. H. and O. B. do by these presents make, ordain, constitute, authorize and appoint the said A. H. to be our [Page 13]true and lawful Attorney for us, and in our names, or the names of either of us, to sue and prosecute the Execution upon the said Judg­ment, and upon satisfaction given, or any other end, Composi­tion or Agreement made concerning the premises, to [...] knowledge satisfaction, or to make and do any other Release and Discharge for the same, and all and every other act or acts, thing or things what­soever, as shall be requisite and needful to be done, in and about the premises, we covenant, promise and grant, allow, ratifie, esta­blish and confirm by these presents; And we the said I. S. and O. B. for us, and either of us, our Executors and Administrators, do covenant, promise and grant to and with the said A. H. his Executors, Administrators and Assigns, by these presents, in manner and form following; That is to say, that neither the said I. B. in his life-time, nor we the said I. H. and O. B. nor any of us have heretofore made, done or committed any Release or other Dis­charge of the said Judgment, or of any Extent or Execution which hath been thereupon sued or executed; nor we the said I. H. and O. B. or either of us, our Executors or Administrators, at any time hereafter shall or will make, commit or do any Release, or other act or thing whatsoever, whereby the said Judgment, or any Extent or Execution which hath been thereupon sued or executed, or which shall be thereupon sued or executed at any time hereafter by the said A. H. or his Assigns, shall be in any manner of wise, hurt, hindred disabled, debarred or extinguish­ed, without the consent of the said A. H. his Executors or As­signs, thereunto first had and obtained in writing under his or their Hands and Seals. And further, that we said I. H. and O. B. our Executors, Administrators and Assigns, and every of us shall and will at all times hereafter, and from time to time upon request made, and at the cost and charges of the said A. H. and his As­signs, maintain, justifie, allow and confirm all such lawful Acti­ons, Suits, Process, Extents, Executions and Proceedings what­soever, as have been, or hereafter shall be brought, sued forth or prosecuted against the said E. S. and R. S. or either of them, their Executors or Administrators, or their, or any of their Lands, Te­nements or Goods upon, or by reason of the said Judgment of Four hundred pounds above mentioned; And that the said A. H. his Executors and Administrators, shall and may peaceably and quietly have and hold, receive and enjoy, to his and their own proper uses and behoofs, all such benefit, sum and sums of money, Lands, Tenements, and other things, as by vertue of the said Judgment, or any Extents, Execution, Process or Proceedings [Page 14]thereupon brought or to be brought, sued or prosecuted, shall be recovered, obtained or gotten, without the let, sute, trouble, evicti­on or disturbance of us the said I. H. and O. B. or either of us, our executors o [...] administrators, and without any account or other thing to us, or any of us to be therefore made or given. In wit­ness, &c.

An Assignment of a House and Lands, from one who had the same in Mortgage, and was forfeited to him.

THis Indenture made, &c. between W. B. of, &c. on the one part, and G. H. of, &c. on the other part, witnesseth: That whereas B. C. of, &c. by his Indenture bearing date, &c. (and so go forward with the recitals.) And whereas in the said recited In­denture of Assignment, there is a proviso or condition contained for redemption of the premises, upon payment of one hundred pounds of, &c. on the sixth day of, &c. which then should be, and since hath been in the year of our Lord God, &c. at or in the, &c. as in and by the said Proviso or Condition, whereunto re­lation being had, more fully and at large it doth and may appear, which said sum of 100 l. &c. or any part thereof, was not paid or tendred to be paid, to or for the said W. B. at the day or place in the Proviso of Redemption limited for the payment thereof, and yet remaineth unpaid, by reason and means whereof the said Mes­suage and other the premises, and the whole estate, lease, right, title and interest of the said B. C. in and to the same became forfeited unto the said W. B. and he thereby was, and now is, and shall be lawfully interessed and possessed in the same premises, and every part thereof during all the residue and term of years, which then were, and yet are to come, and unexpired of the term granted to the said B. C. in and by the said Indenture of Demise above-men­tioned. Now this Indenture further witnesseth, That the said W. B. for and in consideration of the sum of, &c. to him in hand paid by the said G. H. at and before the ensealing and delivery of these presents, whereof and wherewith, &c. Hath given, granted, bargained, sold, and assigned over, and by these presents doth fully, clearly and absolutely give, grant, &c. unto the said G. H. his executors, administrators and assigns, as well the said Messuage, Tenement, Yards, Gardens, Orchards and Closes to the same ad­joyning and belonging; Together also with all and every the arable Lands, Meadows, Pastures, Feedings, Profits, Commodi­ties [Page 15]and Hereditaments whatsoever to the said Messuage belong­ing, or in any wise appertaining. And all other the premises, with appurtenances whatsoever, in and by the said Indenture of De­mise granted to the said W. B. as aforesaid. As also all the Estate, Right, Title, Interest, Property, Possession, term of years, claim and demand whatsoever which he the said W. B. his executors, administrators or assigns now have, hath, may, might, should or in any wise ought to have or claim, of, in or to the said Messuage, and other the premises, with the appurtenances, and every or any of them, or any part or parcel thereof, by force and vertue of the said Indenture of Mortgage or Assignment above recited, or ei­ther of them, or any thing in them, or any of them mentioned o [...] contained, or by any other wayes or means whatsoever: toge­ther with the same Indenture of Demise and Mortgage aforesaid, and all and every other Writings and Minuments concerning the same; To have and to hold the said Messuage, Yards, Gardens, Orchards, Lands, Meadows, Pastures. Feedings, Indenture of Demise and Mortgage, Writings and Minuments, Estate, Right, Title, Interest and term of Years, and all and singular other the pre­mises, with the appurtenances, before by these presents bargain'd, sold, assign'd and set over, and every part and parcel thereof, unto the said G. H. his executors, administrators and assigns, to his and their own proper uses and behoofs, in as large, ample, and be­neficial manner and form to all intents, constructions and purposes as he the said W. B. now hath, may, might, should, or in any wise ought to have and enjoy the same, by force and vertue of the said Indenture of Lease or Demise, or the said Indenture of Mortgage aforesaid, or either of them, or any thing in them, or any of them mentioned or expressed, or otherwise howsoever (a Covenant for discharge of Incumbrances) in witness whereof, &c.

A Mortgage of a Lease for indempnity of certain Sureties bound in a [...] Obligation made to another in trust, for their use.

THis Indenture made the, &c. Between H. H. of, &c. Gen­tleman, on the one part, and R. N. of, &c. I. N. and R. D. of, &c. Gentleman, 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. And whereas the said I.N. and R. D. at the request and for the debt of the said H. H. together with him, in and by one Obligation with Condition endorsed, [Page 16]bearing Date with these presents, are and stand joyntly and seve­rally bounden unto R. S. of, &c. in the sum 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 thereof more at large it doth and may appear. Now this Indenture further witnesseth, That the said H. H. for the Indempnity and Discharge of R. and D. their Heirs, Executors and Administrators, and every of them, of, and from the said recited Obligation, and all sum and sums of Money therein mentioned and contained, and from all Actions, Consideration. Suits and Demands concerning the same: Hath given, granted, bargained, sold, assigned and set over, and by these presents doth fully, clearly, and absolutely give, grant, bargain, sell, assign and set over unto the said R. M. his Executors, Administrators and Assigns, as well the said Messuage or Tenement, and all and singular other the pre­mises, with the appurtenances, and every part thereof by the said Indenture of Lease demised, and every part and parcel thereof; as also all the estate, right, title, interest, property, term of years, claim and demand whatsoever, which he the said H. H. his Exe­cutors, Administrators and Assigns, now have, hath, may, might, should, or in any wise ought to have or claim of, in and to the said Messuage or Tenement, and other the premises, 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 means whatsoever: toge­ther with the said recited Indenture of Lease: To have and to hold the said Messuage or Tenement, Indenture of Lease, Habend. estate, right, title, interest, term of years, and all and singular other the premises, with the appurtenances before by these presents bargained or sold, or meant, mentioned or intended to be hereby given, granted, sold, assigned and set over, and every part and parcel thereof, unto the said R. M. his Execu­tors and Assigns, from the ensealing and delivery of these presents forwards, for, during, and until the full accomplishment of all the residue of the said term of, &c. now to come and unexpired, granted by the said 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 and vertue of the said recited Indenture of Lease, or any thing therein contained, or otherwise howsoever. Nevertheless upon special trust and confi­dence, that he the said R. M. his Executors, Administrators and [Page 17]Assigns, and every of them shall stand and be interessed and posses­sed of and in the said Messuage or Tenement, and all other the before bargained premises, with the appurtenances, and every part and parcel thereof, to the onely proper uses and behoofs of the said I. N. and R. D. their Executors, Administrators and Assigns, and to no other use, intent or purpose whatsoever. And the said H. H. for himself, his Executors and Administrators, doth cove­nant, promise and grant to and with the said R. M. his Executors, &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 at the time of the ensealing and delivery of these pre­sents, is a good, perfect, sure, and indefazible Lease in the Law of and for the said Messuage or Tenement, and premises thereby de­mised, and so shall stand, remain, and continue unto the said R. M. his Executors and Assigns, 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 lawful authority to give, grant, And that he hash power to demise. bargain, sell, and set over the same premises, and eve­ry part thereof unto the said R. M. his Executors, Ad­ministrators and Assigns, to the use aforesaid, in man­ner and form above mentioned, according to the true intent and meaning of these presents (A Covenant or quiet enjoying, and from Incumbrances) Provided always, Proviso. That if the said H. his Heirs, Executors, Administrators or Assigns, or any of them, do truly pay, or cause to be paid unto the said R. S. his Executors, Administrators or Assigns, the said sum, of, &c. on the, &c. at the place aforesaid, for and in full and clear 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 therein contained to the contrary thereof in any wise notwithstanding. In witness, &c.

A Bill of Sale.

KNow all Men by these presents, That I. W. H. of, &c. for and in consideration of the sum of, &c. of lawful money of England to me in hand paid by I. S. of, &c. Goldsmith, at and be­fore the ensealing and delivery of these presents, wherewith I con­fess my self to be fully satisfied, contented and paid, have bargained and sold, & by these presents, do fully, clearly, & absolutely bargain [Page 18]and sell unto the said I. S. in plain and open Market within the City of London, one Chain of Gold with round links unsothered, weighing twenty ounces of Gold weight; and one Gold ring enameled, set with a small table Diamond; To have and to Gold the said Chain of Gold and Ring, to the said I. S. his Execu­tors, Administrators and Assigns, to his and their own proper uses and behoofs for ever. And I the said W. H. my Execu­tors and Administrators, and every of us, the said Chain and Ring unto the said I. S. his Executors and Administrators, against all people shall and will warrant, acquit and for ever defend by th [...]se presents. Provided alwayes, That if I the said W. H. my Heirs, Executors, Administrators, &c. or any of us do well and truly pay, or cause to be paid unto the said I. S. his Executors, Ad­ministrators or Assigns, the full sum of, &c. on the, &c. at or in the, &c. without fraud or coven: 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 force and vertue.

A Release of Lands Mortgaged.

THis Indenture made the, &c. Between A. N. of, &c. Esq on the one part, and Sir M. H. of, &c. Knight, on the other part, witnesseth, That whereas the said A. N. by his Indenture b [...]aring 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 form as in and by a Proviso contained in the said Indenture is mentioned, limited and declared, did bargain and sell unto the said I. H. and to his Heirs and Assigns for ever, all that his Grange or Farm of, &c. with the appurtenances in the Parish of A. in the County of S. being parcel of the possessions of the late dissolved Monaste­ry of W. in the said County of, &c. and all other his Mannors, Messuages, Lands, Tenements, Meadows, Feedings, Pastures, Woods, Under-woods, Leets, Courts, Liberties, Franchises and Hereditaments whatsoever, with all and singular their appurtenan­ces, scituate, &c. all and singular which said premises, the said [...]. N. late bought and purchased to him and his Heirs of the said I H. Together with all and singular Messuages, Houses, Edifices, Buildings, Barns, Stables, Dove-houses, Orchards, Gardens, Lands, Meadows, Feedings, Pastures, &c. and Hereditaments whatsoever to the said Grange or Farm of, &c. and other the premises before [Page 19]mentioned, or any part thereof belonging or in any wise apper­taining, or accepted, reputed, taken or known as part, parcel, or member thereof, or heretofore used, occupied, demised, letten, possessed or enjoyed, as part or parcel thereof. To have and to hold all and singular the said premises to the said I. H. his Heirs and Assigns for ever, in which said Indenture there is a Proviso contained, That if the said I. H. his Heirs, Executors, Admini­strators and Assigns, and every of them should fail in the payment of the sum of, &c. unto the said A. N. his Executors or Admini­strators at the day and place 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 appear. And whereas the said I. H. hath conveyed and assured all and singular the said pre­mises unto the said Sir M. H. and his Heirs, before the ensealing and delivery of these presents: Now this Indenture witnesseth, That the said A. N. for and in consideration of the sum of, &c. to him the said A. N. in hand well and truly satisfied and paid by the said I. 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 Heirs, remise, release, and for ever quit-claim unto the said Sir M. H. and to his Heirs for ever, the Condition and Proviso above mentioned, and also all the Estate, Right, Title, Interest, Claim, Reversion, Condition and Demand whatsoever, which he said A. N. now hath, or by any manner of ways or means hereafter shall or may have of, in, or to the said premises, or any part or parcel thereof, and also of, in and unto all and singular the Lands, Tenements and Hereditaments which the said A. N. hath at any time purchased to him and his Heirs, of him the said I. H. To have and to hold the said Grange or Farm, and all and singular the premises, with the appurtenances unto the said Sir M. H. his Heirs and Assigns, to the onely proper use and behoof and the said Sir M.H. his Heirs and Assigns for ever, absolutely without any condition or limitation whatsoever: and the said A. N. for himself, his Heirs, Executors, Administrators and and Assigns, doth covenant, promise and grant, to and with the said Sir M.H. his heirs and assigns, by these presents in manner and form following (viz.) That he the said Sir M. H. his heirs & assigns, shall and may from time to time, and at all times for ever hereafter, peaceably and quietly have, hold, use, occupy, possess and enjoy the said Grange or Farm, and all and singular the premises, with the [Page 20]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. N. his Heirs or Assigns, and without the lawful let, suit, trouble, disturbance 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. N. his Heirs or Assigns, or by his, their, or any of their means, act, consent, assent, privity, agreement or procurement, other than of the said I. H. his Heirs and Assigns, claiming from the said A.N. 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 remain unto the said Sir M. H. his heirs and assigns, free and clear, and freely and clearly acquitted, exonerated and discharged of, and from all and all man­ner of former and others gifts, grants, bargains, sales, &c. had, made, done or committed by the said A. N. his heirs or assigns, or by his, their, or any of their means, act, assent, consent, privity, agreement or procurement (except before excepted). And the said A. N. doth further for himself, his Executors, &c. That he the said A. N. his heirs and assigns, 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 M. H. Do and execute, or cause to be done and executed, all and every such fur­ther act and acts, thing and things, device and devices in the Law, as shall be reasonably devised, advised, or required by the said Sir M. H. his heirs or assigns, or by his or their Council learned in the Law, for the better assuring and sure-making of all and singular the premises, with the appurtenances unto the said Sir M. H. his heirs and assigns, according to the true intent and meaning of these presents; Be it by fine or fines, feoffment or feoffments, deed or deeds, inrolled or not inrolled, recovery or recoveries, with double or single Voucher or Vouchers release, confirmation, warranty, or by any other wayes or means whatsoever: In witness whereof, &c.

A Deed of Revocation of certain uses.

TO all Christian people to whom this present Writing shall come, R. R. of L. Esq sends greeting, &c. Whereas the said R. R. in and by two several Indentures or Deeds indented, bear­ing date the, &c. whereof the one is made between the said R. R. [Page 21]and G. W. of, &c. of the one part, and I. H. of, &c. Gentleman, of the other part, and the other of them is made between the said R. R. of the one part, and the said G. W. and J. 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, did assure and en­tail unto the said R. R. and to the heirs of his body lawfully be­gotten, with certain remainders over, and amongst other things, all those Lands, Meadows, Pastures, and Hereditaments, with their appurtenances in N. in the C. of, &c. containing by estimation, &c. and lately purchased by the said R. R. of one, &c. and then in the tenure of, &c. or of his assigns, and in and by the said several Indentures, did likewise assure and entail unto the said R. R. and to the heirs of his body lawfully begotten, with certain remainders, over and amongst other things, all that the Mannor of Lingate, 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 Mannor, 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, containing by estimation, &c. then lately purcha­sed by the said R. R. as in and by the said several Indentures or Deeds indented (amongst other things therein contained more at large it doth and may appear) in which said several Indentures, there is contained 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 witnesses, or 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 and raised, of, or upon all or any of the said Mannors, Messuages, Lands, Tene­ments and Hereditaments whatsoever in the said Fine to be con­tained, and in these presents mentioned, that then from and after the ensealing of such Deed or Deeds of revocation, such of the said Uses as 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 or parcels to be revoked, shall be to the onely use of the said R. R. and his Heirs for ever, any thing before in these pre­sents contained to the contrary thereof in any wise notwithstand­ing; as in and by the said Proviso, in the said several Indentures mentioned and contained, 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 said Mannor, Lands, Tenements and Hereditaments [Page 22]in the aforesaid Indentures of entail specified may touching the said uses and estates remain and be rovoked and continue to the said R. R. his heirs and assigns, to be disposed of at his or their pleasures, and also for divers other good and just Causes and Con­siderations him hereunto especially moving, and by vertue of the Proviso contained in the said several Indentures above recited or mentioned, or other wise, hath revoked, annihilated and 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 Mannor of Lingate, with the Royalties, Rights, members and appurtenances thereof whatsoever in N. and A. aforesaid, or either of them in the said County of, &c. and of all the said Lands, Tenements and Hereditaments to the said Mannor of Lingate 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 several Indentures, and other­wise, hath revoked, annihilated, and 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 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 Assigns. In witness, &c.

A Grant of the Reversion of certain Lands.

THis Indenture made, &c. between R. W. of, &c. of the one part, and C. D. of, &c. of the other part, witnesseth, That the said R. W. for and in consideration of the sum of, &c. hath granted, bargained and sold, and by these presents doth fully, clearly and absoluted grant, bargain and sell unto the said C. D. his Heirs and Assigns for ever, all that his Right, Title, Use, Interest, Reversion and 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 [Page 23]said R. W. hath, should or ought to have by and after the deceas [...] of A. W. Mother of the said R. Which said Messuage or Tene­ment, Barn, Orchard, &c. with the appurtenances; R. W. de­ceased, late Father of the said R. W. party to these presents, By his last Will and Testament devised, willed and bequeathed unto the said A. W. for and during the natural life of the said A. W. and the immediate reversion or remainder thereof to the said R. W. and his Heirs for ever: Together with all the Deeds, Evidences, Charters, Escripts, Writings and Minuments, 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 parcel thereof: All and singular which said Deeds, Evidences, Charters, &c. the said R. W. hath already delivered at and before the ensealing and delivery of these presents: To have and to hold the said reversion and remainder, and all the Estate, Right, Title, Interest, &c. of the said R. of, in, and to the said Messuage or Tenement, & other the premises, with the appurtenan­ces, before by these presents granted, 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. W. the Mother unto the said C.D. his Heirs and Assigns for ever, to the onely proper use of the said C. D. his Heirs and Assigns for ever. And the said R. W. for himself, his heirs, &c. That he the said R. W. at the day of the date of these presents, 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. W. of a true and perfect 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 of other the premises, with the appurtenances, from, by, and after the decease of the said A. W. the Mother, and at the day of the date hereof, are and be, and so at all times from henceforth, shall be and continue, free, clear, and clearly acquitted, exonerated, and discharge, and freely save harmless by the said R.W. his Heirs, Executors and Administrators, of and from all and every former and other Bargains, Sales, Gifts, Grants, Leases, Statutes-Merchant and of the Staple, Recognizances, Joyntures, Dowers, Wills, Entails, Intrusions, Rents-charge, Rents-seck, Ar­rerages of Rents, and of and from all other Charges, Titles, Trou­bles, Incumbrances and Demands whatsoever, had, made, commit­ted, suffered or done by, &c. In witness, &c.

An Assignment of a Recognizance, with very good Covenants therein inserted.

THis Indenture made, &c. between T. P. of, &c. Gentleman, on the one part, and C. D. and R. D. of, &c. on the other part; witnesseth, That whereas W. P. of, &c. Son and Heir ap­parent, &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 Exe­cutors or Administrators, in manner and form as by the said Re­cognizance, together with a certain Condition there-under writ­ten in the said Court of Chancery inrolled, and remaining on Re­cord, more at large it doth and may appear. Now the said T. P. for divers considerations him thereunto moving, hath granted, bar­gain'd, assign'd, and set over, and by these presents doth, &c. unto the said C. D. and R. D. the said Recognizance, and all and every sum and sums of money therein contained, and all the profits, bene­fits, advantages and commodities, which shall or may in any wise hereafter grow, be had, made, gotten, arise, accrue, or come to the said T. P. his Executors or Assigns upon, or by reason of the said 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, his Atturney and Atturneys irre­vocable, of and for the said T. P. his Executors and Administrators, and in his and their name or names, to sue and prosecute all and every such lawful action, execution and process, actions, executions and processes, as shall or may be commenced, sued or tried, in, upon, or concerning the said Recognizance, or any sum or sums of Money, Debts, Duties or Demands whatsoever in the same con­tained, comprised or specified, or by reason thereof to be had or obtained: And other Attorney or Attorneys, for or under them, or any of them, or in their, or any of their behalfs to substitute, make and ordain, and the same disallow, change or remove, when and as often as they the said C. and R. their Executors, Administrators or Assigns, or any of them shall think good. And the same sum and sums 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 only proper use and behoof of the said C. and R. their Executors and Assigns, or any of them; And therefore, or for [Page 25]the same to make any composition, agreement or discharge what­soever, which they the said C. and R. their Executors, Administra­tors and Assigns, or any of them shall think good: And also the said T. P. for himself, &c. That he the said T. P. his Executors. Admini­strators and Assigns, shall and will quietly permit and suffer the said C. and R. their executors, administrators and assigns, 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 lawful and reasonable action, execution, suit, process and demand whatsoever, in the name or names of the said T. P. his executors, administrators or assigns, as he the said T. P. his executors, administrators or assigns, or any of them may, might, should or ought to have done, upon or by force or means of the said Recognizance, or touching or concerning any sum or sums of money, duty or demand whatsoever concerning the same; or any thing therein contained, comprized or specified, or any thing thereupon to be had or obtained: And that he the said T. P. his executors, administrators and assigns, shall and will at every time and times hereafter, and from time to time, at and upon the reasonable request, and at the cost and charges of the said C. and R. or one of them, their or one of their executors, administrators or assigns, avow, justifie and maintain all the said actions, suits, pro­cesses and demands; and that neither he the said T. P. nor his exe­cutors, administrators or assigns, shall at any time hereafter revoke, discontinue, discharge, release, or otherwise wittingly or willingly hinder or delay any such action, execution, suit, process 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. or any of them, first had and obtained; And also that neither he the said T.P. at any time heretofore hath received the sum of, &c. 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 special consent of the said C. and R. their execu­tors, administrators or assigns, and 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, process or de­mand whatsoever, as shall be so attempted, pursued or had by the said C. and R. their executors, administrators or assigns, or any of them, in the name or names of the said T. P. his heirs, executors or administrat. upon, concerning, or by reason of the said Recogniz. or any thing or demand thereof to be had, shall or may be discharged, released or barred. And also that they the said C.D. and R.D their [Page 26]Executors, Administrators and Assigns, and every of them, shall or may at all times hereafter have, receive, and take to their own proper use and behoof, the whole execution, benefit and commo­dity, and all and every sum or sums of money, and other thing or things whatsoever; as at any time hereafter shall fortune to be re­covered, had and obtained by reason of the said Recognizance, or any such action, suit, extent and execution, as shall or may be com­menced, had, pursued or obtained as is aforesaid, without any let, charge, hindrance or interruption of the said T. P. his Executors, Administrators or Assigns, or any other person or persons whatso­ever, by his or their assent, consent, title, means or procurement, and without any account heretofore to them, or any of them to be yielded or made; and also the said T. P. for himself, &c, That he the said T. P. his Executors, Administrators and Assigns, and eve­ry of them; at all time and times hereafter, upon, or within con­venient time, after every reasonable request and warning to him or them to be made or given, and at the cost and charges of the said C. D. and R. D. their Executors, Administrators or Assigus, or some of them, shall do, knowledge and suffer, or cause to be done, &c. all and every such lawful warrant and warrants of Atturney, and other lawful and reasonable act and acts, thing and things, de­vice and devices, and by the said C. and R. or one of them, their Executors, Administrators or Assigns, or some of them, their, or some of their Councel learned in the Law, shall be reasonably de­vised or required, either for the clear 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 and Administrators, or to such person or persons as they, or the survivor of them, or the Executors or Administrators, or the survivor of them, shall name or appoint) the said Recognizances, or any sum or sums of Money therein mentioned, and of all, eve­ry or any sum or sums of Money, Goods, Chattels, Lands, Te­nements, Hereditaments, and other thing and things whatsoever, which he the said T. P. his Heirs, Executors, Administrators or Assigns, now are, or any of them is or at any time hereafter shall be entituled unto, by force, or concerning the said Recognizance, or any execution, matter or thing thereupon to be had, sued or made at the Election or Choice of the said C. D. and R. D. their Executors, Administrators or Assigns, or any of them, and shall not release or discharge the said Recognizance, or any Execution, matter or thing thereupon to be had, or any part thereof. In wit­ness, &c.

A general Release.

KNow all men by these presents, That I A. G. of, &c. Gen­tleman, have remised, released, and for ever-quit-claimed, and by these presents do for me, my Executors, and Administrators, and every of us clearly and absolutely remise, release, and for ever quit-claim unto G. H. &c. his Executors and Assigns, all and all manner of Actions, Suits, Quarrels, Debts, Duties, Bonds, Bills, Writings Obligatory, Reckonings, Accounts and Demands what­soever, which against the said G. H. ever I have had, may 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, until the day of the date of these presents.

Witness my Hand and Seal, &c.

A Release from One that hath lost the Counterpart of his Lease.

TO all Christian people to whom this present Writing shall come, H. E. of, &c. sendeth greeting: Whereas I. T. of, &c. in and by one Indenture of Lease, bearing date the, &c. for the consideration therein expressed, did demise, grant, betake, and to farm-let unto me the said H. B. my Executors, Administrators and Assigns, (reciting the Grant,) In which said Indenture of Lease there are divers covenants, grants, articles and agreements, on the part and behalf of the said T. S. his Executors, Administra­tors and Assigns, to be observed, performed and kept, as by the same Indenture of Lease, among divers other thing and things therein contained, more at large appeareth. Now know ye, That I the said H. B. for divers good Causes and, &c. have by these presents remised, released, and alwayes of and for me, my Execu­tors and Administrators, for evermore quit-claimed unto the said T. S. his Executors, Administrators and Assigns, all and singular the Covenants, Grants, 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 of and from all, and all manner of actions, suits, quarrels, benefits, commodities [Page 28]and advantages that shall or may happen to arise or grow, by rea­son or means of them, or by the breach, or not performing of all & every the said Covenants, Grants, Articles, Clauses and Agreements, or any of them; and also I the said H. B. have remised, released, surrendred, assigned and set over, and by these presents do remise, release, surrender, assign and set over, from me, my Executors, Administrators and Assigns, unto the said T. S. his Executors, Ad­ministrators and Assigns, all the Estate, Right, Title, Interest, Term of years, Property, Claim and Demand whatsoever, which I the said H. B. now have, or that I, my Executors, Administrators or Assigns, or any of us ought to have, or claim of, in and to all and singular the premises, to me the said J. B. in and by the said Inden­ture of Lease demised as aforesaid, and of, in, and to every or any part or parcel thereof. In witness, &c.

A Release of Fines and Forfeitures due to the King, and to the Informer, upon the Statute of Recognisancy.

TO all 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 into the Kings Majesties Court of Common-Pleas at Westminster, one Bill of Information, touching, and upon the Statute of Recusancy, against F. M. of, &c. for the supposed Christening of a Child of the said F. contra­ry to the said Statute and Laws of this Realm, as by the same In­formation depending and remaining in the same Court of Com­mon-Pleas more at large appeareth. Now know ye, That I the said A. S. for and in consideration of a certain sum of lawful, &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 me made and granted, from the Right Honourable R. Lord Ewre, and F. Lord Morley, for the prosecu­tion, ending and compounding for, of 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 of actions, suits and troubles, now, or at any time heretofore by my means or procurement prosecuted, and de­pending in his Majesties said Court of Common-Pleas, or else-where, against the said F. M. touching the Statute before mentioned, and all Fines, Forfeitures, Penalties, sum and sums of money, and de­mands due and payable, of which of right ought to be due and [Page 29]payable either to our Soveraign Lord the Kings Majesty that now is, his Heirs or Successors, by reason or means of the breach, or non-performance of the said Stature, or to me the said A. S. my Executors or Administrators, by vertue of the Indenture aforesaid, or of any Information in that behalf exhibited, or otherwise how­soever. And I the said A. S. for me, my Executors and Admi­nistrators, by these presents do covenant and grant, to and with the said F. M. his Executors and Administrators, That 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 maintain, uphold, make good and defend this present Release to the said F. M. his Executors and Assigns, and every of them, against all per­sons that shall or may at any time hereafter deny, oppose or con­tradict the same, and also save harmless the said F. M. his Executors and Administrators, and every of them, from all actions, suits, charges and troubles that may or shall arise, be prosecuted or brought against the said party, by any other person or persons whatsoever concerning the premises. In witness, &c.

A Resignation or Release from one used in trust of all the benefit he might Claim, by vertue of any Covenant in the Indenture.

TO all Christian people to whom this present writing shall come, I J.B. of, &c. send greeting: Whereas by one Inden­ture bearing date the, &c. made between R. O. of, &c. on the one party, and the said J. B. and J. H. of, &c. on the other party, he the said R. O. for himself, his Heirs, Executors and Administra­tors, and every of them, did covenant and grant, to and with me the said I. B. and the said I. H. our Executors and Assigns; That he 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 or assured to the said R. O. and E.H. Daughter to R.H. of, &c. with whom the said R. O. was then to be espoused, and to the heirs of their bodies lawfully begotten, Lands, Tenements and Hereditaments, of the full and clear yearly value of 1000 l. at the least; as by the said Indenture and Covenants therein contained, amongst divers other things more at large appeareth; And for per­formance thereof, 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 I. H. in the sum of, &c. as by the same Bond may also appear, in which said Indenture and Bond, the name of me the said I. B. was onely used in trust, for the Benefit and [Page 30]Behoof of the said E. H. Now therefore know ye, That I the said I. B. in 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, surrender, resign, and set over unto the said E. H. her Executors and Assigns, all the Estate, 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 and 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, priviledge, or other thing, in any manne [...] 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 Money therein mentioned, but thereof and therefrom, and from all actions, suits and demands which I, my executors or assigns, may have concerning the same, shall be utterly secluded, and for ever debarred by these presents. In witness, &c.

An Indenture for justifying of Actions upon setting over of a Statute.

THis Indenture made the, &c. Between R. W. of, &c. on the one part, and T. C. of, &c. on the other part, witnesseth, That whereas I. H. of, &c. in and by one Statute of 800 l. 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, clearly and ab­solutely, give, grant, assign and set over unto the said T. C. his executors, administrators and assigns, as well the said Statute-Sta­ple aforesaid, as also all the Debts of, &c. in the same Statute men­tioned or contained, to the only proper use and behoof of the said T. C. his executors, administrators and assigns 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) shall maintain, justifie and allow all and every such action and actions, Writs, Suits, Bills, Plaints, Execu­tions [Page 31]and Demands whatsoever, as the said T. C. his executors or administrators, shall commence, pursue or make in the name or names of the said R. W. his executors or administrators, that hereafter shall be of the Goods, Chattels, Credits and Debts of the said R. W. or in the name or names of any of them; and that it shall be lawful to and for the said T. C. his executors, admini­strators and assigns, and every of them, to take, receive, have, hold and enjoy for ever, to the only use of the said T. C. his Heirs, Exe­cutors, Administrators and Assigns, all and every such sum and sums of Money, 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 heirs, executors, administrators of assigns, that hereafter shall be of the Goods, Chattels or Credits of the said R. W. or any of them. In witness, &c.

An Indenture between the Scavenger and the Raker, for cleansing the Streets.

THis Indenture made the, &c. between R C. S. P. and T. R. Citizens of London, Scavengers of and for the Parish of, &c. on the one part, and E. D. &c. on the other party, Witnesseth, That the said E. D. in consideration of the sum of, &c. to him to be paid in such form as hereafter in these presents is expressed, co­venanted, promised and granted for himself, &c. in manner and form following, (that is to say) That he the said E. D. his executors, administrators or assigns, shall and will (at his and their own pro­per costs and charges) cleanse and make clean, or cause to be clean­sed and made clean in the said Parish of, &c. all the Streets, Lanes, Alleys, and other places whatsoever within the said Parish of, &c. as the same have been heretofore used and accustomed to be clean­sed and made clean, by any Carter or Raker in that behalf ap­pointed, from the Monday next after the Feast of the 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 year of, &c. three times in every week weekly, during the said term, to wit, on every Tuesday, Thursday and Saturday: And also at all other such times and dayes as the Lord Mayor of the said City of London for the time being, [Page 32]the Aldermen of the Wards, His Majesties Privy Council, or the Common Council 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, Sea-coal-ashes, sweep­ings of Houses and Streets, Lanes, Alleys, and other places, of and within the said Parish of, &c. unto some convenient Pastall for the same to be provided by the said E. D. his executors, admini­strators or assigns, 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 onely excepted.) And further, that he the said E. D. his executors, administrators or assigns, shall and will from time to time, and at all times, during the said term, clear­ly 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 Scavenger, during the said term of, &c. of and from all and all manner of Costs, Charges, Imprisonments, Ex­pences and Damages whatsoever, by them or any of them to be had or sustained, or otherwise put unto, 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 Money at dayes agreed on, &c. In witness, &c.

A Condition to pay a sum of Money at two several Payments.

THe Condition of this Obligation is such. That if the above bounden I. C. his Heirs, Executors, Administrators or Assigns, or any of them, do well and truly pay, or cause to be paid unto the above-named R. M. his Executors, Administrators or Assigns, at, or in the now dwelling house of the said R. M. scituate, &c. the full sum of 8l. and 12s. of lawful, &c. in manner and form fol­lowing, (that is to say) on the last day of May next ensuing, 4 l. thereof; and on the, &c. next, &c. the other 4 l. 12 s. thereof, being the full remainder of the said sum, &c. without fraud or co­ven, 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 one single Debt.

KNow all men by these presents, That I. E. C. of, &c. Gen­tleman, have assigned, ordained and made, and in my stead and place by these presents put and constituted my trusty and well beloved Friend F. L. of, &c. to be my true and lawful Attorney, for me, and in my name, and to my use, to ask, sue for, levy, require, recover and receive of I. W. of, &c. Esq all and every such Debts and sums of Money, which are now due unto me by any manner of wayes or means whatsoever: Giving and granting unto my said Atturney my whole power, strength and authority in and about the premises, and upon the receipt of any such debts or sums of money aforesaid, acquittances or other discharges, for me and in my name to make, seal and deliver, and all and every such act and acts, thing and things, device and devices whatsoever in the Law, for the recovery of all or any such debts or sums of mo­ney, as aforesaid, for me, and in my name to do, execute and per­form, as fully, largely and amply in every respect, to all intents, constructions and purposes, as I my self might or could do, if I were there in mine own person present: ratifying, allowing and holding firm and stable, all and whatsoever my said Atturney shall lawfully do, or cause to be done in or about the execution of the premises, by vertue of these presents. In witness, &c.

A Condition to make an Apprentice free of London, at the end of his Apprenticeship.

THe Condition, &c. That whereas J. H. the Son of, &c. is to be the Apprentice of the above-bound T. R. for the term of seven years, as by the Indenture in that behalf to be made shall ap­pear; If therefore the said T. R. his Executors, Administrators or Assigns, at the end of the said term of seven years (if the said J. H. shall be his Apprentice, and shall dwell with, and serve him as an Apprentice) do, or shall make, or cause to be made the said J. H. a Freeman of the City of London, and of the Company of Cord­wayners of the said City, at the proper costs and charges of the said T. R. That then, &c.

A short Letter of Atturney to receive Money due upon a 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 well-beloved Friend I. B. of, &c. my true and lawful Atturney, for me, in my stead and name, and to my use and behoof, to ask, recover, and receive of W. S. of, &c. O. T. of, &c. and I. M. of, &c. the sum of, &c. due unto me for the non-payment of the sum of, &c. of like money, on the 20th. day of, &c. last past, before the date of these presents; As by one Obligation with Condition there-under written, bearing date, &c. in the year, &c. more plainly appear­eth: Giving, and by these presents granting unto my said Attur­ney, my full power and lawful authority in the premises, to do, say, perform, conclude and finish for me, and in my name as aforesaid, all and every such act and acts, thing and things, device and devi­ces in the Law whatsoever, for the recovery of all the Debts afore­said, as fully, largely and amply 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, seal and deliver: Ratifying, allowing and holding firm and stable, all and whatsoever my said Atturney shall lawfully do, or cause to be done, in, or about the execution of the premises, by vertue of these presents. In witness 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 Debares heretofore have been had, moved, and yet are depending between H. D. of, &c. of the one party, and O. L. &c. of the other party, for the appeasing and determining whereof, the said Parties have submitted themselves, and are be­come bound each of them to the other, by their several Obligati­ons, dated, &c. in the sum of, &c. with Conditions upon the same Obligations endorsed, for the performance of all and every the Award, Arbitrement, Determination and Judgment of me the said T. M. Umpire indifferently elected and chosen, as well on the part and behalf of the said H. D. as on the part, &c. To [Page 35]Award, Arbitrate, Determine, and Judge of and concerning all and all manner of Actions, Suits, Judgments, Executions, Accounts, Reckonings, Trespasses, Strifes, Variance, Quarels, Controversies and Demands whatsoever, had, made, moved, stirred or depend­ing between the said H. D. of the one part, and the said O. L. on the other part, from the beginning of the world, until the day of the date of these presents. So alwayes as the said Award, &c. of me the said Umpire, for and concerning the premises, be made and put into 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. Umpire, as aforesaid, taking upon me the charge of the said Award and Arbitrement, 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, do thereupon make and put in writing this award, arbi­trement, determination and judgment, between the said Parties, for and concerning the premises, in manner and form following, that is to say: First, I do award, arbitrate, determine, and judge by these presents, That the said H. D. his Executors, Administrators and Assigns, shall well and truly pay, &c. That he the said H. D. shall on the, &c. at the Shop of, &c. Seal, and as his absolute Deed deliver to the said O. L. or to his use, a Release, Acquittance and Discharge of, and for all and all manner of actions, suits, judgments, &c. from the beginning of the world, &c. In witness, &c.

A Lease made in consideration of the Surrender of a former Lease for a longer time, with good Covenants.

THis Indeture made the, &c. Between I.B. of, &c. C. D. of, &c. and J. D. of, &c. on the one part, and T. W. of, &c. on the other part, witnesseth, That the said J. B. C. D. and J. D. as well for and in consideration of the Surrender of one former Lease dated the, &c. made from the said J. B. C. D. and J. D. to H. W. Brother to the said T. W. as also in consideration of the sum of, &c. to the said J. B. in hand paid, before the ensealing and deli­very of these presents, by the said T. W. the receipt whereof the said J. B. doth hereby acknowledge, and thereof, and of every part thereof, doth acquit and discharge the said T. W. his Executors, Administrators and Assigns, by these presents, have demised, granted, [Page 36]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, scituate, lying and being in the Parish of, &c. late in the several tenures of the said H. W. deceased, and of A. P. Widow, and now in the Occupation of the said T. W. and the aforesaid A. P. together with the lops, tops, and shreds of all the hedg-rows and hedges, growing in and upon eleven Roods of Land in a Field called Arzons Field, and a furlong called B. furlong, and also the lop and top of one hedge growing in and upon a Close called K. Close, from the Gate by the Lane side; and together likewise with Common of Pasture for twelve Kine, and one hundred and twenty 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 H. W. and A. P. or either of them in D. aforesaid, and together also with all Houses, Edifices, Buildings, Barns, 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 alwayes reserved out of this Demise and Grant, the bodies of all Trees of Oak, Ash and Elm, now growing or being, or which hereafter shall grow, and be, in and upon the premises; or in and upon any part or parcel thereof, and also except one Barn, called the great Barn, and the Yard wherein the same standeth, (which late were in the the Possession or Occupation of G. B.) Habend. To have and to hold the said two Messuages, Tenements, Three-yard Land, Houses, Buildings, Barns, Stables, Orchards, Gardens; and all other the premises, with their appurtenances before by these presents demised, and every part and parcel thereof (except be­fore excepted) unto the said T. W. his Executors, Administrators and Assigns, 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. & A. W. party to these presents, Reddend. G. W. Son of T. W. or any of them shall so long live) yielding & paying therefore yearly during the said term unto the said I.B. his Heirs and Assigns, the sum of, &c. at two usual Feasts or Terms in the year; That is to say, at the Feast of, To re-enter for non-payment of the Rent. &c. and at the Feast of, &c. by even and equal portions; and if it shall happen the said yearly Rent of, &c. to be behind and unpaid, in [Page 37]part or in all, after either of the said Feasts in any year during the said term, in which the same ought to be paid, by the space of 28 dayes, 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 be lawful to, and for the said I. B. his Heirs and Assigns, and every of them, into all and singular the said demised premises, and every part and parcel thereof, wholly to re-enter, and the same to have again and enjoy, as in his or their former estate; and the said T. VV. his Executors and Assigns, from thence utterly to expel and put out (this Indenture, or any thing before specified to the con­trary notwithstanding.) And the said T. VV. party to these presents, his Executors, Administrators and Assigns, shall and will from time to time, and at all times hereafter, during the continuance of this present Lease, at his and their proper Costs and Charges well and sufficiently repair, uphold, sustain, main­tain and keep the said Messuages or Tenements, and all the 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 yield up unto the said I. B. his Heirs or Assigns, the said T. VV. from time to time, having and taken (by the assignment and appointment of the said I. B. his Heirs or Assigns) 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 Provisions, Costs and Charges of the said T. VV. party to these presents, his Exe­cutors and Assigns, and that neither the said T. VV. his Exe­cutors or Assigns, or his or their Under-Tenants shall com­mit any waste, or strip any Trees, Hedges, Quick-sets, Mounds or Fences upon the premises; And the said I. B. for himself, &c. doth Covenant and Grant to and with the said T. VV. &c. That the said two Messuages or Tene­ments, Three-yard Land, That the Premi­ses are discharged of Incumbran­ces. and all other the afore demised Premises, with the Appurtenan­ces, 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, exonerated and dischar­ged of and from all and all manner of former Bargains, [Page 38]Sales, Gifts, Grants, Joyntures, Leases, Annuities, Rents, Arrer­ages of Rents, Statutes-Merchant, and of the Staple, Recognizan­ces, Judgments, Executions, Wills, Intails, Legacies, Titles, Trou­bles and Incumbrances whatsoever; had, made, committed, suffer­ed or done, or to be had, made, &c. by the said I. B. or by the said G. B. deceased, his Father I. B. his Grandfather, and R. B. his Uncle, or by any of them, or by any of their Heirs, &c. or by any other person or persons, or by, or through their or any of their means, act, title, consent or procurement (one Lease hereto­fore made by the said G. B. of one Messuage or Tenement, and other thing, parcel of the premises before by these presents demised unto the said A. P. for and during the natural life of the said A. whereupon the yearly 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. party to these presents, his Executors, Administrators and Assigns, (onely excepted and foreprized.) And further, the said I. B. for himself, his Heirs, Executors and Administrators, doth covenant, &c. That if at any time hereafter during the space of Ten years next ensuing the date of these presents, To exchange a lease within Ten years. the said T. W. or his Assigns, 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 of G. and A. W. the party 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 the consideration thereof, he the said I B. his Heirs or Assigns, shall and will at the costs and charges of the said T. W. party to these presents, his Executors or Assigns, make, seal and deliver in due form of Law unto the said T. W. party to these presents, his Executors and Assigns, one other good and sufficient Lease for the residue of the said term which shall be then to come (if any two of the persons before named, and such other person 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, ( Mutatis Mutandis.) And further, that the said T. W. party to these presents, his Executors, Administrators and Assigns, and eve­ry of them, under the Rents and Covenants herein before mentio­ned, shall and may peaceably and quietly have, hold, possess and enjoy the said two Messuages or Tenements, Three yard-land, and all other the before demised premises, with the appurtenances, and every part thereof, during the whole Term hereby granted, if the said T. W. the Son of G. W. and A. W. or such other persons [Page 39]as shall be hereafter named, with two of them in the stead and place of any of them so dying, or exchanging, shall so long live, without the lawful let, trouble, eviction or contradiction of the said I. B. his Heirs or Assigns, or of the Heirs, Executors or Assigns 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.) And the said C. D. and I. D. for themselves, and either of them severally and respectively, and not the one for the other, nor the others act, and for their several Executors, Admi­nistrators and Assigns, do covenant, promise and grant, to and with the said T. W. party to these presents, his, &c. That he the said T. W. his Executors, Administrators and Assigns, and every of them, shall and may according to the tenour and true meaning of these presents, peaceably and quietly have, hold and enjoy all the said demised premises, with the appurtenances, and every part thereof free and clear, and freely and clearly acquitted and dis­charged of and from all and all manner of former Bargains, Sales, Gifts, Grants, Leases, Joyntures, Dowers, Uses, Wills, Intails, Statutes, Recognizances, Judgments, Extents and Executions, and of and from all other Estates, Titles, Troubles and Incumbrances whatsoever, had, made, committed, suffered or done by them the said C. D. 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 Heirs and Assigns, and every of them, For further assurance. shall and will at all times hereafter, and from time to time upon request made, at the cost and charges in the Law of the said T. W. party to these presents, his Executors or Assigns, 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 and more better assurance, surety, sure-making, and conveying of the said demised premises, with the appurtenances, and every part thereof unto the said T. W. party to these presents, his Executors and Assigns, during the time aforesaid, and in such manner and farm, and 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. W. his Executors or Assigns, or by his or their Council learned in the Law shall be reasonably de­vised or advised and required. In witness, &c.

A Grant of an Extent penned by Mr. Thomas Bromley, then Solicitor.

THis Indenture made, &c. between B. D. of, &c. and VV. D. of, &c. on the one party, and T. B. G. B. and T. O. of, &c. on the other party; VVitnesseth, That whereas the Right Honourable E. Lord S. by the name of E. S. Esq Recitall of the Recognizances. by one Recognizance, bearing date, &c. taken, knowledged and sealed, before Sir R. D. Knight, Lord Chief Justice of England, according to the form 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 whereas also the said I. D. hath extended, and to him is delivered in the Execution, the Mannor 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 specially moving, hath granted, assigned and set over, and by these presents doth grant, assign and set over unto the said VV. D. T. B. G. B. and T. O. all the estate, right, title, interest and demand whatsoever, which he the said I. hath by reason of the said extent, of, in, and to the said Mannor of N. with the appurtenances, and of, in and to every part and parcel thereof, and of, in, and to all singular Messuages, Lands, Tenements, Meadows, Leases, Pastures, Feedings, 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 he the said I. D. his Executors or Assigns, 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 VV. D. &c. or any of them, or of the Executors. Ad­ministrators or Assigns, of them, or any of them, by reason of the said extent, may be in any wise hurt, hindred, impeached, dis­charged, undone, or made void. And further, that he the said I. D. his Heirs, Executors and Administrators, shall and will at the reasonable request, costs and charges in the Law of the said VV. D. or any of them, do and suffer to be done, made and ac­knowledged all and every such lawful and reasonable act and acts, thing and things, device and devices in the Law whatsoever, for the further assurance, surety, sure-making and conveying of the premises, for and during all the time and term of the said extent [Page 41]and execution, unto the said T. B. G. B. and T. O. as by the learned Counsel of them, or any of them, shall be reasonably devi­sed or advised and required. In witness, &c.

An Assignment of a Bond for performance of Covenants.

TO all Christian People, &c. I. I. &c. sendeth greeting, &c. VVhereas R. D. of, &c. by his Obligation bearing date, &c. became bound unto the said I. I. in the sum of, &c. conditioned for performance of the Covenants contained in one pair of Inden­tures of Bargain and Sale, of the Inn called K. in C. &c. in the, &c. with certain Lands thereunto belonging: which Inn and pre­mises are now by the said I. I. bargained and sold unto M. W. of, &c. his Heirs and Assigns. Now the said I. I. for the better en­joying of the said Inn, and other the Lands and Tenements there­unto belonging, hath as much as in him is, assigned and set over, and by these presents doth fully, clearly and absolutely assign and set over unto the aforesaid M. VV. his Heirs, Executors and As­signs, the said recited Obligation, and all sum and sums of money therein mentioned, and the benefit and advantage thereof to be had or made. And the said I. I. for himself, &c. doth covenant and grant to and with the said M. VV. &c. That he said M. VV. his Heirs, Executors, Administrators and Assigns, shall and may in lawful manner, at his and their cost and charges, in all things, from time to time, and at all times hereafter, sue for, levy, recover and enjoy all sum and sums 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, denial or interruption of the I. I. his Executors or Admini­strators; unless it be by consent of the said M. VV. his Heirs or Assigns, in writing first had and obtained. And he 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 harmless the said I. I. his Executors or 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 said Obligation. In witness, &c.

A Release of Annuity.

TO all Christian People, &c. We N. B. and A. B. of, &c. send greeting, &c. Whereas Sir J. B. of, &c. by his Deed in­dented bearing date, &c. for the considerations there­in mentioned, Recital. did give and grant unto W. L. and R. P. of, &c. one Annuity 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 County of, &c. to have, hold, receive and enjoy all the said Annuity, or yearly Rent of, &c. to the said W. L. and R. P. their Executors or Assigns, for and during the natural life of the said Sir I. B. the said Annuity or yearly Rent of, &c. to be pay­able and paid to the said W. and R. their Executors and Assigns, during the life of the said Sir I. B. 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 W. 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 Assigns, the said annuity or yearly rent of, &c. and every part thereof, to have and to hold unto the said N. B. his executors and assigns, for and during the term of, &c. from thenceforth next and immediately ensuing, and fully to be compleat and ended, if the aforesaid Sir I. B. should so long live, as in and by the said Inden­ture last mentioned more, &c. Now know ye, That we the said N. B. and A. B. for and in consideration of a certain competent sum of lawful money of England to us in hand paid at and before the, &c. by G. S. and R. G. of, &c. Esq 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 assigns, and every of us, do fully, clearly and absolutely remise, release, and for ever quit-claim unto the said G. S. and R. G. their heirs and assigns, and every of them, in their, or some, or one of their full and peaceable possession, as well the said annuity or yearly rent of, &c. before-mentioned, and every part and parcel thereof. And all Rents, arrerages of Rents, Penalties. Forfeitures, nomine [Page 43]poenae's, 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 any part or parcel thereof: As also all the Estate, Right, Title, Interest, Property, term and terms of Life, Lives and Years, Reversion, Claim and Demand whatsoever, which we the said N. B. and A. B. or either of us, our, or either of our Executors or Assigns, now have, may, might, should, or in any wise ought to have or claim 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 Deeds 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. and the estate, right, title, interest of all other the before-mentioned premises, 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 us, our, 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 or interest, in or to the said annuity or yearly rent of, &c. or any part thereof; But thereof and therefrom, and from all actions, suits, titles and demands concerning the same, shall be utterly secluded, and for ever debarred by these presents. In witness whereof, &c.

A short Lease of certain Tythes.

THis Indenture 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 of 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 assigns, all the Tythes of Corn, Grain, and Hay yearly coming, renewing and growing within the Township of, Habend. &c. and within the Lordship of, &c. in the County of G. and now held by E.L. of, &c. To have and to hold, receive, take and enjoy all the said Tythes of Corn, Grain and Hay, unto the said M. D. and his assigns, from and immediately after the date of these presents, unto the full end and term of 21 years from thence next ensuing, and fully to be compleat and ended, and that in as large and ample manner as [Page 44]the same lately were held and enjoyed by the said E. L. yielding and paying therefore yearly, during the said term, unto the said Sir E. S. Reddend. his Heirs and Assigns the sum of, &c. at the Feast of, &c. at one whole entire payment: And if it shall happen the said yearly Rent of, &c. to be behind or unpaid, in part, or in all, by the space of, &c. next follow­ing the said Feast, A nomine poenae for non-payment of the Rent. being lawfully demanded, that then for every such default the said M. D. or his Assigns, shall forfeit and pay unto the said Sir E. S. his Heirs and Assigns, the sum of, &c. over and besides such arrerages as then shall happen to be behind and unpaid; and the said Sir E. S. for him, his Heirs, Executors and Administrators, doth covenant, &c. That he said M. D. his Executors and Assigns, shall and may at all time and times from henceforth, for and during all the said term hereby granted, peace­ably and quietly have, hold, occupy, possess and enjoy, all the said Tythes of Corn, Grain and Hay (paying the Rent before reserved) without any manner of lawful let, eviction, disturbance or con­tradiction of the said Sir E. S. his Heirs or Assigns, or of any other person or persons, by his or their means, consent or procurement. In witness, &c.

A Deed of Gift.

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. of, &c. have given, granted and sold, and by these presents do fully, clearly and absolutely 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, as are contained and specified in a certain Schedule hereunto annexed: Habend. To have and to hold, all and singular the Goods, Chattels, Implements of Houshold, and Commodities whatsoever, as afore­said, to the aforesaid T. S. his Executors, Administrators and As­signs, to his and their own proper uses and behoofs for ever there of 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, claim or demand of me the said A. B. or [Page 45]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 premises, by the delivery unto him (at the ensealing hereof) of one goblet of Silver, in name of all the said Goods. In witness whereof, &c.

A Release of a Dower.

TO all People to whom this present Writing shall come, Dame Dorothy Williams late Wife of Sir David Williams Knight, de­ceased, sendeth greeting, &c. Know ye, That the said Dame Do­rothy W. for and in consideration of the performance of a former agreement had and made between the said Dame Dorothy W. and the said Sir D. W. her late Husband, before their inter-marriage, hath remised, released, and for ever quit-claimed, and by these pre­sents doth clearly and absolutely remise, release, and for ever quit­claim unto Sir D. VV. Knight, T. VV. and R. VV. Sons of the said Sir D. VV. and to every of them, all and all manner of Dower, and right and title of Dower whatsoever, which she the said Dame Dorothy W. now hath, may, might, should, or of right ought to have or claim of, in, or out of all and every the Mannors, Messuages, Lands, Tenements and Hereditaments whatsoever, which were the said D. VV. at any time during the Coverture be­tween him and the said Dame D. scituate and being in the Counties 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 D. VV. nor any other for her, or in her name, any manner of Dower or writ, or action of Dower, or any manner of right or title of Dower, of, or in the said Mannors, Lands, Tenements and Hereditaments, or of, or in any part or parcel thereof, at any time hereafter, shall or may have or claim, or prosecute against the said Sir D. VV. T. VV. and R. VV. nor any of them, their, nor any of their Heirs or Assigns, but of and from the same shall be utterly debarred, and for ever excluded by these presents. In witness, &c.

A Release from One that hath lost his Articles of Agreement.

BE it known unto all men by these presents, That I E. W. of, &c. have remised, released and quit-claimed, and by these presents do for me, my Heirs, Executors, Administrators and Assigns, and every of us, fully, clearly and absolutely remise, re­lease, and for ever quit-claim unto I. O. of, &c. his, &c. all and all manner of Actions, 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 means of any Grant, Covenant, Contract, Promise, Bargain, Clause, or thing mentioned, contained, expressed or declared, in or by certain arti­cles of agreement, indented, bearing date, &c. made between the said I. O. on the one part, and me the said E. W. on the other part, touching or concerning the procuring of a 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 acknowledge is procured and passed by the said I. O. according to my mind and desire, and of and from all Bonds, Bills and Writ­ings Obligatory, and all and every penalty, sum and sums of mo­ney in them or any of them mentioned or contained, wherein or whereby the said I. O. is, and standeth bound unto me for the per­formance of the Covenants, Grants, Articles and Agreements in the said articles mentioned or contained; I do acquit and dis­charge the said, &c. his, &c. for ever by these presents. In witness, &c.

A Form of a Will.

IN the name of God Amen. The tenth day of, &c. I A. B. of, &c. being 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 yield unto Death when it shall please God to call, do make, constitute, ordain and declare, this my last Will and Testament, in manner and form following, revoking and adnulling by these presents all and every Testament and Testaments, Will and Wills heretofore by me made and declared either by word or writing: and this to be taken onely for my last Will and Testament, and none other: And first, being penitent and sorry from the bottom of my heart for my sins [Page 47]past, most humbly desiring forgiveness 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 again with joy, and through the Merits of Christ's Death and Passion possess and inherit the Kingdom 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 for the setling of my Temporal Estate, and such Goods, Chattels and Debts, as it hath pleased God, far above my deserts to bestow upon me: I do order, give and dispose the same in manner and form following (that is to say) First, I will that all those Debts and Duties as I owe in right or conscience to any manner of person or persons whatsoever, shall be well and truly comented and paid, or ordained to be paid with­in convenient time after my Decease, by my Executors hereafter named, Item, I give and bequeath, In witness, &c.

An assurance of a Joynture to the Wife, with Remainder in Tail.

THis Indenture made, &c. between H. V. of, &c. on the one part, and L. L. &c. and G. L. &c. on the other part, Wit­nesseth, That as well for, and in consideration of a Marriage al­ready had and solemnized between the said V. and A. now wise of the said H. V. and Sister of the said L. and G. as 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 specified, shall come and continue in the Issue of the said H. and A. in such sort, manner and form, as hereafter in these presents is expressed, mentioned and declared; It is covenanted, granted, condescended, concluded, and fully agreed upon, by and between the said parties to these presents, in manner and form following: And the said H. V. for the consideration aforesaid, doth covenant, grant and promise, for himself, &c. to and with the said L. L. and G. L. their, &c. by these presents, That he the said H. V. his heirs and assigns, and all and every other person and persons whatsoever, shall stand and be seized of, and in all and singular those his Messuages, Lands, Tenements, Meadows, Leasons, Pastures and Hereditaments whatsoever, with all and singular their appurtenances, in the Parish, [Page 48]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 late were in the several Tenures and Occupation of, &c. and their assigns, and the reversion and the 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 no other use, intent or purpose whatsoever, that is to say, to the use and behoof of the said H. V. for the term of his natural life without impeachment, of or for any manner of waste, and after his decease to the use and behoof of the said A. V. now wife of the said H. V. for the term of her natural life; and after the decease of the said H. and A. his wife, then to the use and behoof of such of the Children, between them the said H. and A. lawful­ly begotten, as the said A. by her last Will and Testament, or other Writing to be signed and subscribed by her the said A. in her life-time, shall limit, nominate and appoint: And if no such li­mitation, nomination or appointment, shall be made by the said A. in her life-time, then to the use of the Heirs 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. V. for ever: And fur­ther, the said H. V. for himself, &c. doth Covenant, &c. to and with the said L. L. and G. L. their Heirs, &c. That he the said H. V. his heirs and assigns, shall and will permit and suffer the said A. V. and all and every other person and persons to whom the said Messuages, 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, occupy 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 heirs or assigns, 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 heirs or assigns, according to the intent, form, and true meaning of these presents. In witness where­of, &c.

A Lease of a Fee-Farm, and certain Lands, with necessary Covenants.

THis Indenture made, &c. between C. B. of, &c, on the one part, and T. W. of, &c. on the other part, witnesseth, That the said C. B. for divers good Causes and Considerations him thereunto especially moving, Hath demised, granted, and to farm-letten and by these presents doth demise, &c. unto the said T. W. his Executors, Administrators and Assigns, 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, Pastures, 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 Assignees, situate, lying and being in the Parish of, &c. Except and alwayes reserved unto the said C. B. Exception. his Executors and Assigns, all and all manner of Woods, Under-woods, Hedges, 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 also except and alwayes reserved unto the said C. B. his Executors and Assigns, by the space and for the term of one whole year next before the end and expiration of the term of seven years, and one half-year here-under granted, the said Messuage, Tenement or Farm-house, and one Close or parcel of Ground, called W. containing, &c. be it more or lesse; Together with free liberty of ingresse, egresse, abiding and dwelling, into, out of, from and upon the said Messuage, Tenement and Farm­house, and one Close called W. by and during the said space and term of, &c. next before the end and expiration of the said Term of, &c. Habend. To have and to hold the said Messu­age, Tenement or Farm-house, Houses, Edefices, Build­ings, Barns, Stables, Orchards, Lands, Meadows, Feedings, Pastures, and other the demised premises, and every part and par­cel thereof (except before excepted) unto the said T. W. his Exe­cutors, Administrators and Assigns, from the Feast day of, &c. for and during the term of, &c. and fully to be compleat and ended. Yielding and paying therefore yearly, during the said term unto the said C. B. his Executors and Assigns, the Rent of, &c. at four [Page 50]Feasts or Terms in the year most usual (that is to say) at, Re-enter for non-payment. &c. by even & equal portions. And if it shall hap­pen the said yearly 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-days in which the same ought to be paid, being lawfully demanded, That then and from thenceforth, and at all times after it shall and may be lawful to and for the said C. B. his Executors, Administrators and Assigns, into the said Messuage, Tenements 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 again, re-possess and enjoy, as in his or their for­mer estate, And the said T. W. his Executors, Administrators and Assigns, 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, amove and put out, this Indenture, or any thing herein contained to the contrary thereof in any wise not­withstanding. And the said T. W. for himself, doth covenant, For Reparation. &c. in manner and form follow­ing (That is to say) that he the said T. W. his Executors, Administrators and Assigns, at 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, maintain and amend the said Messuage, Tenement or Farm-house, and all the Houses, Edifices, Buildings, Barns and Stables thereunto 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, enclose and amend all and singular the Hedges, Fences, Ditches and Inclosures belonging to the said demised premises, in, by and with all and all manner of hedging, fencing, ditching and enclosing, when and as often as need shall require, during the said term: And as well the said Messuage, Tenement or Farm-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 [Page 51]other determination of this present Lease, shall leave and yield up into the hands and possession of the said C. B. his Executors, Administrators and Assigns; And the said T. W. for himself, his Executors, Administrators and Assigns, A Covenant for planting an Orchard. doth covenant, &c. That he the said T. W. his Exe­cutors, Administrators and Assigns, shall permit and suffer the said C.B. and his Assigns, to plant and make in and upon some convenient place of the demised premises, one Orchard, not exceeding the number of two acres of Land, with such store of Fruit-Trees, and other Trees, as the said C. B. or his Assigns, shall think meet; and the same Orchard 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 the said T. W. his Exe­cutors, Administrators and Assigns, shall at all times hereafter, and from time to time, during the said Term of, &c. find and allow unto G. B. widow, A Covenant for finding Meat, Drink, Lodging, Apparrel, and o­ther Necessaries. Mother un­to the said C. B. competent and sufficient Meat, Drink, Lodging, Apparrel, and all other Necessa­ries whatsoever, meet and convenient for her de­gree, and shall from time to time, and at all times, clearly acquit, exonerate and discharge the said C. B. his Executors, Administrators and Assigns, and every of them, of, for and concerning the keeping of the said C. B. du­ring the said Term of, &c. before by these pre­sents granted. And lastly, Not to plough up the Meadows. the said T.W. for him­self doth covenant, &c. That he the said T. W. his Executors, Administrators or Assigns, or any of them, shall not at any time or times hereafter during the Term, before in and by these presents granted, plough 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 Executors, Administrators or Assigns, 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 yield up the quiet and peaceable possession of all and singular the before demised premises, and every part and parcel thereof, unto the said C. B. his Executors, &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 Assigns, and every of them, for and under the yearly Rent before by these presents reserved, and other the Covenants, Grants, Articles [Page 52]and Agreements, in these presents contained, shall and may peace­ably, lawfully and quietly have, hold, use, occupy, possess and en­joy all and singular the said Messuage, Tenement or Farm-house, Houses, Edifices, Buildings, Lands, Meadows, Orchards, Gardens, and all other the before demised premises, and every part and parcel thereof (except before excepted) for and during the said term of, &c. before by these presents granted, without any man­ner of lawful let, suit, trouble, eviction, disturbance or contra­diction of the said C. B. his Executors, Administrators or Assigns, or any of them, or of any other person or persons whatsoever, by his, their, or any of their means, act, title or procure­ment; A Proviso. provided alwayes, and it is meant and inten­ded by and between the said Parties to these presents, That this Indenture, or any thing herein contained, shall not ex­tend to charge the said C. B. his executors or administrators, by or with any action of Covenant, or other action whatsoever, saving onely for such an estate and interest as the said C. B. or any other claiming by, from, or under him, now have, hath or may have, of, in or to the demised premises, or any part thereof, and not for any o [...]er better or former estate, right or title, which shall or may pro­ceed or extinguish the Grant by these presents made. In witness, &c.

An Assignment of two several Obligations.

TO all Christian people to whom this present writing shall come, F. D of, &c. Gentleman, sendeth greeting: Where­as R. D. of, &c. Gentleman, in and by one Obligation or writing Obligatory, with Condition thereupon endorsed, bearing date, &c. And whereas also M.F. of, &c. Esq in and by one other Obligation or Writing Obligatory, with Condition thereupon also endorsed, bearing date, &c. do stand bound to the said F. D. his executors, administrators and assigns, in the several sums of, &c. as by the said several Obligations, relation being thereunto had, may appear. Now know ye, that the said F. D. for divers good causes and rea­sonable considerations him hereunto especially moving, Hath bar­gained, sold, assigned, and set over, and by these presents doth fully, clearly and absolutely bargain, sell, assign, and set over unto R. B. of, &c. his executors, administrators and assigns, as well the said two Obligations, as also the several sums of money in them, and either of them, mentioned or contained; To the onely use and behoof of the said R. B. his executors, administrators and [Page 53]assigns, and without any account, or other thing therefore to be yielded, paid or done unto the said F. D. his executors, admini­strators or assigns, or to any of them. And the said F. D. for him­self, his heirs, executors and administrators, doth Covenant, pro­mise and grant, to and with the said R. B. his executors, admini­strators and assigns, by these presents, in manner and form follow­ing, that is to say, that he the said R. B. his executors, administra­tors and assigns, and every of them, shall and may at all times hereafter, and from time to time, peaceably and quietly have, hold, use, occupy, possess and enjoy, all and singular the sum and sums of money whatsoever, contained in the said several Obliga­tions: And also the benefit, commodity, penalty 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 suit, trouble, gain­saying, means, consent or procurement of the said F. D. his exe­cutors, administrators or assigns, or of any other person or persons whatsoever. In witness, &c.

An Assignment of two Apprentices, and their years to come.

TO all Christian people, to whom this present Writing shall come: I A. M. Citizen and, &c. send greet­ing, in our Lord God Everlasting. Recital of the Indentures. Whereas my Apprentices J. S. and G. R. have certain years yet to come and unexpired of their several Appren­tiships, to wit, the said J S. one whole year and a half, from the Feast of, &c. last past, and the said G. R. the space of two years and a half, from the same Feast, as by their several Indentures thereof unto me the said A. M. made and sealed, at large it doth and may appear: Now know ye, That I the said A. M. for divers good Causes and Considerations me 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, assign and set over unto my well-beloved Friend R. H. Citizen and Habberdasher of Lon­don, all such Right, Title, Duty, term of Years to come, claim, interest, Apprentiships, Services and Demands whatsoever which J the said A. M. have, of, in or to the said J. S. and G. R. my said Apprentices, or which I might or ought to have of and in them, [Page 54]or either of them, by force and vertue of the above recited Inden­tures of Apprentiships: (That is to say) the true and faithful ser­vice of J.S. for and during the time and space of one whole year and a half, from, &c. as aforesaid, and the like honest and dutiful service of G. R. for and during the time and space of two whole years and a half, &c. from the Feast-day of, &c. as is aforesaid declared, giving, and by these presents granting unto the said C. Grant of their Terms. B. my full power and lawful authority for the having, keeping and enjoying of my said Apprentices, J. and G. before-mentioned, for and during their several times yet to come and unexpired: And more­over, I the said A. M. do by these presents covenant, promise and grant, to and with the said C. B. his Executors and Assigns, That the said J. and G. Apprentices, shall, during their several times, well and truly serve the said C. B. as their Master, and his Com­mandements lawful 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 several Terms of their aforesaid Apprentiships yet to come and unexpired. Provi­ded, That the said C. B. their Master shall well intreat and use the said J. and G. as becometh Apprentices, in such case to be used; finding unto them, and either of them, Meat, Drink, Linnen, Woollen, Hose, Shooes, and Bedding, and all other Necessaries during the said Term. In witness, &c.

A 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, with a Covenant to grant a new Lease of the premises.

PRovided always, and be the demise under and upon conditi­on, That if the said I. B. his Executors, Administrators or Assigns, shall at any time during the Demise, be minded to surren­der his Grand Lease, by which he hath and holdeth the afore-de­mised premises (amongst other things) to the intent to get a new Lease, or any larger or further estate, of, in and to the same: And therefore shall give or leave notice in writing to and for the said A. B. his Executors, Administrators or Assigns, at the said demi­sed Mansion-house: That then at the day and time of such notice given, and from thenceforth for ever, this Demise, Grant and Term of years shall cease, determine and be utterly void and of none effect, to all intents and purposes, any thing herein con­tained [Page 55]to the contrary thereof in any wise notwithstanding; and the said J. B. &c. doth covenant and grant to and with the said A. B. his, &c. That he the, &c. or Assigns, notwithstanding the surceasing and determination of this Demise, Grant and Term of years or the said A. B. to be had, claimed and enjoyed as aforesaid, shall and will not onely peaceably and quietly permit and suffer the said A. B. his executors, administrators and assigns, To have, hold and enjoy, the said demised Premises, under the yearly Rent aforesaid, by and during the term of three moneths from thence next following, but also 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. And sufficiently tendred at the said demised Mansion-house unto the said A. B. his executors or assigns a new Lease or Grant in writing of all the said demised premises, for so much of the said time of, &c. as shall be then to come and unexpired, and for and under such Rents, Covenants and Condi­tions as are contained in this present Lease.

A Letter of Atturney 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 lawful Atturney, 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 his assigns, 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 assigns, one Indenture, whereunto I have already sealed, bearing date, &c. made between me the said R. R. of the one party, and the said H. M. of the other party, purporting a Lease of the same Farm and Lands unto the said H. M. his execu­tors, administrators and assigns, for the term of four years next en­suing: as in and by the said Indenture more at large appeareth: which Indenture after the same shall be so delivered by my said Atturney, I the said R. R. do promise by these presents, shall be my effectual 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 witness, &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 J. H. of, &c. of all that our Mannor or Farm of, &c. with the Houses, Barns, Stables, Orchards, Gardens, &c. and of all that our Scite of the Rectory or Parsonage of L. in the said County of, &c. Together with the Demeasn Lands to the said Mannor and Farm belonging or appertaining: To hold from the ensealing and delivery of the same Indenture for the term of three years then next ensuing: as by the same Indenture of Lease at large appeareth. Now know ye, That we the the said T. A. and R. M. have made, The Letter of Attorney. ordained, constituted and appointed, and by these presents do make, ordain, constitute, and in our steads and places put and appoint our trusty and well-beloved Friend J.H. of, &c. our true and lawful Attorney and Assignee, 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 there (after such entry made) to deliver unto the said J. H. as our very act and deed, the said Indenture of Lease above mentioned, to hold according to the tenor of the same Indenture, and further to do and execute all and every such further thing, and other act whatsoever, as shall be needful to be done and performed In that behalf, in as large, ample, and effectual manner as we our selves might or could do, if we were personally present. In witness, &c.

A Condition to pay money within fourteen 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 of writing Obligatory, bearing date, &c. are and stand joyntly and severally bounden unto the within named J. L. in the sum of, &c. with condition endorsed, for the true payment of, &c. on the, &c. as by the same Obliga­tion with condition endorsed, at large appeareth. Now if the said W. H. and R. B. their Executors, Administrators and Assigns, [Page 57]shall make default in payment of the said sum of, &c. on the said, &c. in which the same ought to be paid, as aforesaid; then if the within bounden J. L. his Heirs, Executors, Administrators and Assigns, or any of them, do within fourteen dayes next and im­mediately ensuing the said, &c. well and truly pay, or cause to be paid unto the said J. L. his Executors or Assigns, the sum of, &c. or so much thereof as shall be behind and unpaid in or upon the said, &c. at or in, &c. without fraud or coven, that then this pre­sent Obligation, &c.

An Assignment of a Lease of partition, wherein three are joynt Lessors to a third person.

THis Indenture made, &c. between H. P. of, &c. of the one part, and W. C. of, &c. on the other part, wit­nesseth, That whereas G. M. of, &c. and E. his Wife, Recitall. H. B. &c. and H. his Wife, and T. P. &c. and M. his Wife, in and by their three several Indentures of Lease, bearing equal date the, &c. for the several considerations therein mentioned, did demise, grant, and to farm-let unto the said H. P. all that their said three several third parts, in three parts to be divided, of all that their Messuage or Tenement, scituate, lying and being in, &c. then, or late in the tenure or occupation of one R.G. or of his Assignee or Assignees, with all Shops, Cellars, Sollers, Chambers, Rooms, Lights, Easements, Buildings and Commodities thereunto belong­ing, with their appurtenances, together with all their three several 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 several Schedules or In­ventories indented, and to the same Indenture annexed, Habend. To have and to hold all their said three several third parts, in three parts to be divided of and in the said Messuage or Tene­ment, and all and singular the said other demised premises, 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 several 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 yearly during the said term of, &c. unto the said G. M. and E. his Wife, and to the Heirs and Assigns of the said E. &c. and to the said H. B. and H. [Page 58]his Wife, and the Heirs and Assigns of the said H, &c. and to the said T. P. and M. his Wife, and to the Heirs and Assigns of the said M, &c. at four of the most usual Feasts in the year, (that is to say) at the Feasts of, &c. by even and equal 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 this Indenture further witnesseth, That he 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, and of every part and parcel thereof, doth clearly ac­quit and discharge the said W. C. his Executors, Administrators and Assigns, 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, assign, and set over unto the said W. C. his Executors Administrators and Assigns, as well the said Messuage or Tenement, and all other the said premises, with the appurtenances, and every part and parcel thereof, as also all the Estate, Right, Title, Interest, term of years to come, posses­sion, claim and demand whatsoever, which he the said H. P. now hath, may, might, should, or in any wise ought to have, of, in, or to the said Messuage or Tenement and premises, or of, in, or to any part or parcel thereof, by force and vertue of the said three several recited Indentures of Lease, or any or either them, or otherwise howsoever, together with the said three several Inden­tures of Lease: Habend. To have and to hold the said Messuage or Tenement, the said several Indentures of Lease; Estate, Right, Title, Interest, and all and singular other the premi­ses before by these presents bargained and sold, or mentioned, or intended to be hereby bargained, sold, assigned and set over, and every part and parcel thereof, unto the said W. C. his Executors, Administrators or Assigns, for and during all the residue yet to come and unexpired of the said term of, &c. in the same Inden­tures of Lease granted, in as large and ample manner and form to all intents and purposes, as 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 however. And the said H. P. doth covenant, promise and grant, for himself, his Executors, Administrators and Assigns, and for every of them, to and with the said W. C. his Executors, Administrators and Assigns, by these presents in form following (that is to say) That he the [Page 59]said W. C. his Executors, Administrators and Assigns, and every of them, under the Rents, Covenants, Provisoes and Agreements in the said several recited or mentioned Indentures of Lease con­tained, shall and may, for and during all the rest and residue now to come and unexpired of the said term, in the said several Inden­tures of Lease granted, lawfully, peaceably and quietly have, hold, use, occupy, possess and enjoy all the said Messuage or Tenement, and all other the premises, with the appurtenances, and every part and parcel thereof, without the let, trouble, interruption, molesta­tion, or contradiction of him the said H. P. his Executors, Admi­nistrators or Assigns, 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, Grants, Surrenders, Forfeitures, Re-en­tries, cause and causes of Forfeiture and Re-entry, Rents, arrerages of Rents, Charges, Titles, Troubles and Incumbrances whatsoe­ver, had, made, committed, suffered or done, or to be had, made, committed, suffered or done, by the said H. P. his Executors, Administrators or Assigns, 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, Conditi­ons and Agreements in the said several recited or mentioned In­dentures of Lease contained, which from henceforth on the Te­nants part and behalf are, or ought to be paid, perform'd and kept, only excepted and alwayes fore-prized. In witness, &c.

A Condition to pay a sum of money to Children at their several Ages, ac­cording to the Will by which it was given. The Bond made to the Executor.

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 equal portions, at their several ages of one and twenty years, Forty pounds a piece, and to G. B. by name, one of his said Brothers Children, the sum of Forty pounds over and besides the said Forty pounds formerly to him given as aforesaid: And did ordain, that the said several sums so bequeathed [Page 60]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 in sufficient security to his Executors for the payment of the said sums, at their several ages above-mentioned, as by the said last Will and Testament of the said A. B. may appear the within-named M. E. and G. H. Executors of the said last Will and Testament of the said A. B. have now paid and delivered unto the within bounden E. W. the Mother of the said Children, the sum of, &c. for the several Legacies of such of the same Children as are yet under the age of One and twenty years (that is to say) Fourscore pounds for the use of the above-named G. B. according to the Bequest thereof to him made as aforesaid, Forty pounds more for the use of E. B. Forty pounds more for F. B. and Forty pounds more for A. B. all Children of the said G. B. deceased, to be paid unto them at their several ages as abovesaid, if therefore the above-bounden E. B. his Heirs, Executors, Administrators or Assigns, or any of them, do and shall well and truly pay, or cause to be paid unto every of the said Children before named re­spectively (viz.) to G. B. E. B. F. B. and A. B. their said seve­ral sums or Legacies above-mentioned, at every of their several respective ages of Twenty one years, according to the effect and true meaning of the said Will, without fraud or coven; 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 truly deliver and pay, or cause to be delivered and paid unto T. M. Son of J. M. late of, &c. the sum of, &c. within one moneth next after that the said T. shall attain and come to his full age of twenty one years: And also carefully and honestly, according to his Calling and Degree, keep, educate, and bring up the said T. during his non-age, with necessa­ry and convenient Meat, Drink, Lodging, Learning and Apparel; and if the said T. M. shall happen to die and depart this life, before he shall attain his said age of one and twenty years, Then if the said T. C. his Executors, &c. do within one year next after the decease of the said T. M. pay, or cause to be paid unto the within named, &c. his Executors or Assigns, to the use of the Children of the said T. M. which shall be then living, the said sum of, &c. to be equally distributed and divided amongst them; That then, &c.

An Assignment of a Wharfstock of Wood, Coals, Lighters, &c. with a general Release, and Covenants for peaceable enjoying, &c.

THis Indenture made the, &c. between J. G. of, &c. Wood­monger, of the one part, and J. C. of, &c. in the same Parish and County Woodmonger, of the other part; Witnesseth, That whereas the said J. G. being on the Sixth day of August, Anno Dom. 1637. and in the 13th. year of His said Majesties Reign that now is, lawfully possessed for divers years then to come, of and in one Wharf in Milford-lane in the Parish of, &c. and of a certain stock of VVood and Coals thereupon, and in the Lighters of the VVharf, namely 124 Chaldron of Coals valued at an hundred and two pounds two shillings and nine pence, forty thousand of Oaken Bil­lets, at, &c. six Horses, six Carts, with their furniture, Coal-sacks, Lighters, Planks, Coal-measures, and new and old wheels about the Yard, valued at, &c. All which did amount in the whole to the sum of three hundred pounds, five shillings and nine pence; and did commit unto him the said J. C. the use, occupation and managing of the said stock of VVood and Coals, and of the sum of one hun­dred ninety seven pounds fourteen shillings and three pence of lawful money of England to be laid out in buying of VVood and Coals to make up the whole stock, Five hundred and two pounds, to be used, managed and imployed, and supplyed from time to time by him the said J. C. at the said VVharf for the term of Seven years then next ensuing, if the said J. and L. should so long live, upon such Conditions, Covenants and Agreements, and in such sort as were mentioned, expressed and contained in certain Articles of Agreements indented, bearing date the sixteenth day of Au­gust, 1637. in the said Thirteenth year of His said Majesties Reign, made between the said J. G. of the one part, and the said J. C. of the other part, as in and by the said Article at large it doth and may appear; And whereas it is agreed, that the agree­ment in the said articles shall cease and be determined, and that the said J. C. shall have, hold, retain and keep the said stock of Goods and Money to his own use, in consideration of the sum of, &c. of lawful Money of England, agreed to be secured to be paid by the said J. C. to the said J. G. at certain dayes agreed up­on. Now this Indenture further witnesseth, That the said J. G. for the consideration aforesaid, hath granted, bargained, sold, assigned and set over, and by these presents doth fully, [Page 62]clearly and absolutely grant, bargain, sell, assign and set over unto the said J. C. all the said stock of Goods and Money before men­tioned, formerly delivered into the hands of the said J. C. as afore­said; and doth also remise, release, and for ever quit-claim unto the said J C. all actions, accompts, claims and demands whatsoe­ver, touching or concerning the same stock of Goods and Money, or any part thereof, To have and to hold the said stock of Wood, Coals, Money, and other things before mentioned, and every part of them unto the said J. C. his Executors, Administrators and Assigns, to his and their own proper use and behoof, and at his and their own proper Goods and Chattels for ever. And the said J. G. for himself, his Executors and Administrators, and for every of them, doth covenant, promise and grant, to and with the said J. C. his Executors, Administrators and Assigns, and to and with every of them by these presents, that he the said J. C. his Execu­tors, Administrators and Assigns, shall and may from henceforth for ever, peaceably and quietly have, hold and enjoy the said stock of Goods and Money, and the same and every part thereof, to dispose and convert to his and their own proper use and behoof, without the let, suit, trouble, claim and disturbance of him the said J. G. his Executors, Administrators or Assigns, or any of them, or of any other person or persons whatsoever, claiming by, from or under him, them, or any of them, or by, or under, or by reason of his, their, or any of their act or acts, right, title, interests, means or procurement, &c. In witness, &c.

An Assignment of a Lease of a Messuage, divers plats of Ground with Buttals and Boundals, several Covenants, &c. with an Exception.

THis Indenture made the, &c. day of, &c. Anno Domini, 1632. and the Eighth year of the Reign of our Soveraign Lord King Charles, &c. Between S. A. of, &c. Gentleman, of the one part, and F. L. of, &c. Esquire, of the other part. Whereas Sir John T. late of, &c. Knight and Baronet, deceased, and the late right honourable N. Lord Tuston; and Earl of Thanet, by the name of Sir T. N. Knight, Son and Heir apparent of the said Sir John T. now also deceased, by their Indenture bearing date the thirtieth day of May, in the fifteenth year of the Reign of our said Soveraign Lord King Charles over England, &c. for the considera­tion therein expressed, did demise, grant and to farm-let unto E. W. of. &c. his Executors and Assigns, all that the Messuage or [Page 63]Tenement, shed and plat of Ground, scituate, lying and being in Chick-Lane, &c. containing by estimation, one hundred foot in length, from the North to the South, and in breadth forty one Foot, from the East to the West: the Messuage or Tenement then in the Tenure of J. W. lying on the East side thereof, and the said Chick-Lane on the North-side thereof, and the Messuage or Tene­ment then in the Tenure of one R. S. on the West and South-sides thereof. And also their part of one Messuage or Tenement, or shed, and parcel of Ground lying and being in Chick-lane afore­said, containing by estimation Fourscore and twelve Foot in length, and in breadth Eighteen Foot, The Messuage or Tene­ment then in the Tenure or Occupation of one A. B. on the West-side thereof, the said Chick-lane on the North-side thereof: and the Messuage or Tenement then in the Tenure or Occupation of one H. S. on the South-side thereof: and then or late before in the Tenure or Occupation of the said A. B. his Assignee or Assignees, and all and singular the Messuages, Tenements, Houses, Edifices, Buildings, Rooms, Shops, Cellars, Sollers, and void Ground unto the said Messuages or Tenements, shed and plats of Ground before mentioned to be demised, belonging, or in any wise appertaining, To have and to hold to the said Edmund Wright, his exe­cutors, administrators and assigns, from the Feast of the Annunci­ation of the blessed Lady Saint Mary the Virgin last past, before the date hereof, unto the full end and term of Thirty one years from thence next ensuing, and fully to be compleat and ended. Yielding and paying therefore yearly during the said term unto the said Sir J. T. yearly, during his life, and after his decease to the said Right Honourable N. Lord T. and Earl of Thanet, his heirs and assigns, the full sum of Eight pounds of lawful money of England, at two of the most usual Feasts or Terms in the year: That is to say, at the Feasts of St. Michael the Arch-angel, and the Annunciation of the blessed Lady the Virgin Mary; by equal por­tions, as by the same Indenture more plainly may appear. And whereas by certain other Indentures bearing date the said Thirtieth day of May, made between the said Sir John T. and the said N. Lord T. and Earl of Thanet, by the name of Sir N. T. Knight on the one part, and the said E. W. on the other part; It is co­venanted, conditioned and agreed by and between all the said Par­ties: And the said E. W. for himself, his executors, administrators and assigns, did covenant, promise and grant to and with the said Sir J. T. and the said N. Lord T. and Earl of T. their heirs and assigns, by the said last mentioned Indenture, That the said E. W. [Page 64]his Executors, Administrators and Assigns, should well and truly, yearly, during the said Term of one and twenty years, pay, or cause to be paid, to the said Sir I. T. during his natural life, and after his decease, to the said N. Lord T. and Earl of T. his Heirs and Assigns, the full sum of twenty three pounds of lawful Money, &c. for and in the name of a Fine or Income for the said Lease, at the two Feasts aforesaid, by equal portions. And whereas also the said Sir J. T. and the said N. Lord T. and Earl of T. by the name of N. T. Knight, have by their Indenture, bearing date the said, &c. day of May, for the consideration therein mentioned, de­mised, granted, and to farm-let unto I. VV. of, &c. all that their Messuage or Tenement, scituate, lying and being in Chick-lane aforesaid, late in the tenure or occupation of one Agnes VV. and her Assignee or Assignees, containing by estimation from the East to the VVest, thirty foot in breadth, and in length from the North to the South threescore Foot; the Tenement then in the occupa­tion of the said I. VV. lying on the East-side thereof, the Tene­ment then of Ralph F. Gentleman, on the VVest-side thereof: the Tenements then in the tenure or occupation of the said Ralph E. on the South-side thereof; and also all the tenement, shed or piece of Ground lying and being in Chick-lane aforesaid, containing by estimation one hundred and twenty Foot of assize in length, and twenty eight Foot in breadth, then or late before in the tenure or occupation of the said I. VV. or his Assignee or Assignees; the Tenement then in the tenure or occupation of one I. C. lying on the East-side thereof; and the tenement then in the tenure of one I. VV. on the VVest-side thereof, and the Tenement belong­ing to St. Martins Orgars on the South-side thereof, and also one other little piece or parcel of Ground, situate, lying and being near Chick-lane aforesaid, &c. containing by estimation in length nine­teen Foot, from the East to the VVest, and in breadth, from the North to the South, sixteen Foot, late in the tenure or occupation of R. B. or of his Assignee or Assignees, the Tenement then in the occupation of the said I. VV. on the East-side thereof; and the tenement then in the tenure of the said Ralph F. on the VVest-side thereof, the tenement then in the tenure of R. S. and E. W. on the North-side thereof; and the tenement then in the tenure of the said R. F. on the South-side thereof, and also all and singular Houses, Edifices, Buildings, Stables and Back-sides, Back-houses, Shops, Cellars, Sollers, &c. unto the said Messuage, and several plats of Ground before demised, then belonging or appertaining, or to or with the said demised premises then held, used, occupied [Page 65]or enjoyed, as part, parcel or member of them, or either of them. To have and to hold all and singular the said demised premises, with the appurtenances, to the said I. VV. his Executors Administrators and Assigns, from the Feast of the Annunciation of our blessed Lady the Virgin Mary then last past, before the date of the said last recived Indenture, unto the full end and term of thirty and one years from thence next ensuing, and fully to be complear and end­ed: Yielding and paying therefore yearly, during the said term, unto the said Sir I. T. during his life, and after his decease to the said Right Honourable N. Lord T. and Earl of T. and his Heirs and Assigns, the full sum of Six pounds of lawful money of England, at the two Feasts aforesaid, by even and equal portions. And whereas by certain other Indentures bearing date the said thir­tieth day of May, made between the said Sir I. T. and the said N. Lord T. Earl of T. of the one party, and the said I. VV. of the other party: It is convenanted, concluded, condescended and agreed by and between all the said Parties: And the said I. VV. for him­self, his Executors, Administrators and Assigns, did covenant, promise and grant, to and with the said Sir I. T. and the said N. Lord T. Earl of T. their Heirs and Assigns, That the said I. VV. his Executors, Administrators and Assigns, should well and truly, yearly, during the said term of thirty and one years, pay, or cause to be paid to the said Sir John T. during his natural life, and after his decease, to the said N. Lord T. Earl of T. his Heirs and As­signs, the full sum of seventeen pounds of lawful money of Eng­land, for and in the name of a Fine or Income for the said Leases; at the two Feasts aforesaid, by even and equal portions, as by the same several Leases, relation being unto them had, more at large it doth and may appear: which said several Leases, Estates and Interests of the said E. VV. and I. VV. of, in and to all and singu­lar the aforesaid premises, in and by the aforesaid several Inden­tures of Lease demised, granted and contained, as aforesaid, were by mean Conveyances; and sufficient Assurances in the Law, con­veyed to John Witherings Esquire, and the said I. VV. by Deed indented under his Hand and Seal, bearing date the, &c. of, &c. 5 Car. hath conveyed his Estate, Interest, and term of Years in the said premises, unto the said S. for, during and until all the residue of the time then to come and unexpired of the said several Inden­tures of Lease granted, be fully compleat and ended, as by the same Conveyances and Assurances, relation being thereunto had, it doth and may appear: Now this Indenture witnesseth, That the said S. H. for and in consideration of the sum of Three hun­dred [Page 66]and thirty pounds, &c. to him and his, at and before the enseal­ing and delivery of these presents by the said F. H. well and truly paid, whereof the said S. H. doth acknowledge the Receipt, and thereof, and of every part and parcel thereof, doth hereby forever acquit and discharge the said F. H. his Executors and Assigns, and every of them, hath granted, bargained, sold, assigned and set over, and by these presents, doth fully, clearly and absolutely grant, bargain, fell, assign and set over unto the said F. H. and M. his Wife, all and singular the said premises above-mentioned, to be by the aforesaid Indentures, or any of them, demised, letten or granted, or mentioned, meant or intended, to be in and by the same demised, letten or granted, with their and every of their ap­purtenances: And all the Messuages, Houses, Edifices and Build­ings now standing, erected and built: and all the said original Indentures of Demise, and all mean Conveyances and Assign­ments thereof, and of every part thereof, and all the time and term of years yet to come and unexpired, granted, mentioned or intended to be granted in or by the said Indentures, or any of them, and all the Estate, Interest, Right, Title, term and terms of Years, Claim and Demand whatsoever, which he the said S. H. now hath yet to come and unexpired, of and in the said demised Premises, or any of them; To have and to hold all and singular the said demi­sed premises by these presents mentioned or intended to be grant­ed, assigned or conveyed, and all the said original Indentures of demise, and all mean conveyances and assignments thereof, and all the term of years yet to come and unexpired, of and in the said demised premises, or any of them, unto the said F. H. and M. his wife, their Executors, Administrators and Assigns, immediately from and after the making hereof, for and during all the residue of the said several terms of, &c. years therein yet to come and unexpired. And the said S. H. for himself, his Executors and Administrators, and for every of them, doth covenant, promise and grant to and with the said F. H. his Executors, Administrators and Assigns, and to and with every of them by these presents, That he the said S. H. hath not before the day of the date hereof, made, done or commit­ted any act or acts, thing or things, Grant, Lease, Estate or In­cumbrance whatsoever; whereby, or by reason whereof the said Leases, Estates and Premises before herein assigned and set over, or any part or parcel thereof, are or shall be frustrated, avoided, disturbed or incumbred: Except one Lease made by the said F.M. and S. H. unto R. H. of a Messuage or Tenement, with the appurtenances, parcel of the premises aforesaid, now or late in [Page 67]the Occupation of J. S. by Indenture dated, &c. now last past for the term of sixteen years, commencing from the Feast, &c. at the yearly Rent of a Pepper-Corn: and except certain Leases in the said Deed from the said J. VV. mentioned to be excepted severally and respectively of several parts and parcels of the said premises, before the said S. had any Estate in the premises, or any part thereof, by E. VV. to G. VV. H. VV. and T. K. &c. Upon which Leases divers several Rents are respectively reserved, amounting in the whole to the sum of Sixty one pounds yearly, or thereabouts, all which Rents shall or may be hereafter payable to the said F. H. and M. his wife, their Executors and Assigns, and except all other Leases and Estates mentioned and excepted in the said Deed, from the said J. VV. &c. In witness, &c.

An Assignment of a Lease, reciting divers Leases, with several Covenants.

THis Indenture made, &c. Anno Domini, 1633. Between M.F. of, &c. and H. E. of, &c. of the one part, and I. W. of, &c. and R. H. of, &c. of the other part. Whereas the War­dens and Commonalty of the Mystery of Mercers of the City of London, by their Indenture of Lease under their common Seal, bearing date the, &c. day of, &c. 1614. in the Twelfth year of King James, &c. for the consideration therein expressed, did de­mise, grant, bargain, and to farm-let unto the Right Honourable T. late Earl of Exeter, deceased, all that their Close, or parcel of Pasture-ground, called or known by the name of, &c. containing by estimation ten Acres, be it more or less, scituate, lying and be­ing in, &c. which Close abutteth upon the West, &c. on the East upon another Lane, then or sometimes called Strewd-Lane, leading from the, &c. towards the South, upon a Plat called or known by the name of the Covent-Garden; and towards the North, upon cer­tain Lands called the, &c. and a Garden-plat, sometime in the tenure of W. R. or his Assigns; which said Close called O. was sometime in the tenure of Sir T. K. deceased, Father of the said Earl, or of his Assigns, To have and to hold to the said Earl of Exe­ter, his Executors, Administrators and Assigns, the said demised Close, or parcel of Pasture-ground, from the Feast-day of, &c. last past, before the date of the same Indenture, unto the full end and term of Thirty years from thence next ensuing; and fully to be compleat and ended, at and for the yearly Rent of Ten pounds [Page 68]payable, as in and by the same Indenture of Lease more at large it doth and may appear. By force whereof the said T. Earl of Exeter entred into the said premises, and was thereof lawfully possessed accordingly. And whereas the said T. Earl of E. (being of the premises so possessed, as aforesaid) by this Indenture bearing date the Nine and twentieth day of October, 1615. and in the, &c. year of the said Majesties Reign, for the consideration therein expressed, did grant, assign, and set over all his Estate and Interest in the pre­mises, unto Sir W. S. of, &c. Knight, his Executors and Assigns: as by the same Indenture of Lease more at large appeareth. And whereas also the said Sir W. B. by this Indenture of Lease bearing date the fifteenth day of February, Anno Domini, 1625. and in the, &c. year of the said late Majesties Reign, for the consideration therein expressed, did Demise, Grant, and to Farm-let unto C. Cundal of, &c. All that piece of ground, parcel of the said Close or Pasture, called and known by the name of E. alias, &c. containing in breadth thoughout the whole length, Twenty Foot of assize, &c. or thereabouts, adjoyning to, &c. Together with free ingress, egress, regress, way and passage to and for the said C. his Executors and Administrators, and to and for his and their Friends, Servants and Assigns, with Horses, Carts and Carriages, or without, at their wills and pleasures, in and from the said demised premises, at all fit and convenient times, in, by and through the said wayes set forth, or hereafter to be set forth by the said Sir W. S. his Execu­tors, Administrators or Assigns, in or upon the same Close, To have and to hold the said parcel of Ground, and other the before demised premises, with the appurtenances to the said C. Cundall, his Exe­cutors, Administrators and Assigns, from, &c. next ensuing the date of the same Indenture, unto the full end and term of twenty and eight years from thence next ensuing, and fully to be com­pleat and ended. Yielding and paying therefore yearly, during the said term of eight and twenty years, unto the aforesaid Sir W. S. his Executors, Administrators and Assigns, the sum of Four hundred pounds, &c. at the Feasts of, &c. as in and by the same Indenture of Lease, amongst divers other Covenants, Grants, Articles and Agreements therein contained, more at large it doth and may appear, By force wherof the said C. Cun­dall entred into the said parcel of Ground, with the appurte­nances, and was thereof lawfully possessed accordingly. The Estate and Interest of which said C. Cundall, of, in, and to the same premise [...], did afterwards lawfully come to the Hands and Possession of the said J. W. and the said J. W. did erect and [Page 69]set up certain Tenements, Sheds and Edifices, in and upon the same parcel of Ground so demised, as the said Sir C. Cundall, as aforesaid. And whereas also the said Sir W. S. by his Inden­ture bearing date the, &c. last past, for the consideration therein expressed, did grant, bargain, sell, assign and set over all his Estate, Right, Title, Interest, Reversion, Claim and Demand, of, into and out of the said Close, or parcel of Pasture Ground, called Flints Field, alias Long-Acre, with the appurtenances, unto the said H. E. his Executors and Assigns, for and during all the rest and residue of the aforesaid term of thirty years then to come and unexpired, as in and by the same Indenture, relation be­ing thereunto had, more at large it doth and may appear. Which Assignment to the said H. E. was in trust for the Use and Behoof of the said M. F. his Executors, Administrators or Assigns. Now this Indenture witnesseth, That the said M. F. and H. E. for and in consideration of the sum of, &c. to the said M. F. by the said J. W. at and before the ensealing and de­livery of these presents, well and truly paid, the receipt whereof the said M. F. doth hereby acknowledge, and thereof, and of every part and parcel thereof, doth clearly acquit, exonerate and discharge the said J. W. his Executors, Administrators and Assigns, and every of them; have granted, bargained, aliened, sold, assigned and set over, and by these presents doth clearly and absolutely grant, bargain, sell, assign and set over unto the said R. H. by and with the consent and direction of the said J. W. all that and every of their Reversion or Reversions, of and in the said parcel of Ground demised by the said Sir W. S. to the said C. Cundall, as aforesaid, and of and in all Houses, Edifices and Buildings, erected, standing or being in or upon the same parcel of Ground, or any part thereof, and the said yearly Rent of Four pounds, reserved due and payable for the same premises, and all other Rents, Issues and Profits of the said pre­mises, and also all the Estate, Right, Title, Interest, Property, Reversion, Claim and Demand whatsoever, which they the said M. F. and H. E. or either of them; now have or hath, or may, might, or ought to have, claim and demand of, into, or out of the said parcel of Ground, Houses, Edifices and Buildings afore­said, or any of them; or of, into, or out of any part or parcel thereof: Together also with the Counterpart of the said Lease, made by the said Sir W.S. to the said C. Cundall as aforesaid, To have and to hold the said parcel of Ground, Houses, Edifices, Buildings, Reversion, Rents, and all other the premises before in and by [Page 70]these presents granted, bargained, sold, assigned or set over, and every part and parcel thereof, with their and every of their appur­tenances, unto the said R. H. his Executors, Administrators and Assigns, from henceforth, for and during all the rest and residue of the foresaid Thirty years yet to come and unexpired. And the said M. F. for himself, his Executors and Administrators, and for every of them, doth covenant, promise and grant, to and with the said R. H. his Executors, Administrators and Assigns, and to and with every of them by these presents in manner and form follow­ing; That is to say, that it shall and may be lawful to and for the said R. H. his Executors, Administrators and Assigns, and every of them from time to time, and at all times hereafter, for and du­ring the rest and residue of the said term of Thirty years yet to come and unexpired, peaceably and quietly to have, hold, use, oc­cupy, possess and enjoy the said parcel of Ground, Houses, Edifi­ces and Buildings, and the Rents, Issues and Profits thereof, shall or may have, receive, take, and convert to his and their own pro­per use and behoof, without the lawful let, suit, trouble, eviction, disturbance or interruption of them the said M. F. or H. R. or any of them, their, or any of their Executors, Administrators or Assigns, or any of them, or of any other person or persons whatsoever, lawfully having or claiming, or which shall lawfully have or claim any lawful Estate, Right, Title or Interest of, in, to or out of the said premises, or any part thereof, by, from or under them, or ei­ther of them, or by reason of their act or acts, right, title, means or procurement, other than such as shall claim, by force of the said Lease made to the said C. Cundall, and also free and clear, and freely and clearly acquitted, exonerated and discharged by the said M. F. his Executors or Administrators, or some or one of them from time to time, and at all times during the residue of the said term of Thirty years yet to come and unexpired, and well and suf­ficiently saved and kept harmless, of, for, from, touching and con­cerning the said yearly Rent of Ten pounds, reserved upon the said original Lease, and by and from the said Wardens & Commonalty of the Mystery of Mercers, to the said Earl of Exceter, as aforesaid, as also free of all Incumbrances, had, made, committed, suffered or done by them the said M. F. and H. E. and either of them, their Executors, Administrators, or any of them, by their or any of their act or acts, def [...]ults, means or procurement. And the said H. E. for himself, hi [...] Executors, Administrators and Assigns, doth cove­nant and gran [...], to and with the said, &c. his Executors, &c. and to and with e [...]ry of them by these presents, That it shall and may [Page 71]be lawful to and for the said R. H. his Executors, Administrators and Assigns, and every of them from time to time, and at all times hereafter, for and during the rest and residue of the said term of Thirty years yet to come and unexpired, peaceably and quietly to have, hold, use, occupy, possess and enjoy the said parcel of Ground, Houses, Edifices, Buildings, Rents, Reversions, and all other the premises before, in and by these presents granted, bar­gained, sold, assigned and set over, and every part and parcel there­of, with their and every of their appurtenances, without the let, suit, trouble, eviction, disturbance or interruption of him the said H. E. his Executors, Administrators or Assigns, or any of them, or any other person or persons whatsoever, lawfully claiming, or which shall or may lawfully claim, by, from or under him, them, or any of them, or by, from, or under, or by reason of his, their, or any of their act or acts, right, title, interest, means or procure­ment. In witness, &c.

A Lease of divers Lands, &c. with a Covenant to pay Heriots vpon Death, &c. with many other substantial Covenants.

THis Indenture made the, &c. between Sir H. Oniel, of, &c. Knight, of the one part, and G. R. of, &c. Gentleman, of the other part; Witnesseth, That the said Sir H. Oniel, as well for and in consideration of a certain sum of Money to him in hand paid, as also for divers other good Causes and Considerations him thereunto moving, hath demised, granted, bargained, sold, and to farm-letten, and by these presents doth demise, grant, bargain, sell, and to farm-let unto the said G R. all those four Towns, or Town­lands, commonly called or known, or reputed to be known by the several names of Cashall K. E. F, &c. scituate and being within the Mannor of, &c. in the County of, &c. according as the same are bounden, meeted or butted, by and with the ancient Meets and Bounds thereof, and as the said Towns or Townships, and every or any of them have been enjoyed by the said Sir H. Oniel, or any other his Farmors, Lessees, or Under-Tenants, and now, or late in the respective Tenures, Possessions or Occupations of the said Sir H. Oniel, or his Under-Tenants, Farmors, Lessees or Assigns of him the said H. O. Together with all and all manner of Houses, Edifices, Buildings, Orchards, Garden, Yards, Lands, Meadows, Pastures, Wayes, Waters, Water-cour [...]s, Commons, Profits, Easements, Commodities, Emoluments and Heredita­ments [Page 72]whatsoever, to the said four Towns, or Town-lands, them, or any of belonging, or in any wise appertaining, or with them or any of them, used, occupied or enjoyed: And all Rents, and year­ly Profits, and other Duties and Services reserved or payable upon or by reason of any Lease or Leases, Demises or Grants heretofore to any person or persons, convenanted or made of the premises, or any part or parcel thereof, and the Reversion and Reversions of the said four Towns or Town-lands, and every of them, and of all and every the before demised premises, depending or expectant, or remaining upon any Demises, Leases or Grants now in being, or at any time pretended to be of the said premises, or any part thereof, for term of Life or Lives, or for term of Years, or otherwise howsoever. Except and alwayes reserved out of this present Demise and Grant of the said demised premises, unto the said Sir H. Oniel, his Heirs and Assigns, all Timber-Trees, Woods and Under-woods now growing, standing or being, or hereafter to grow, stand, or to be in or upon the said Towns or Town-lands, or in or upon any part or parcel thereof, together with all Felons Goods, Waifs, Estrayes, Mines, Minerals, Privi­ledges, Royalties and Franchises whatsoever, to the said Towns or Town-lands, or any of them belonging, or in any wise apper­taining; and together also with free ingress, egress and regress, for taking, having, digging, receiving, selling, footing and carry­ing away the said Timber-Trees, Woods or Under-woods, or the Royalties, Priviledges and Freedoms aforesaid. To have and to hold the said Towns or Town-lands before mentioned, and all other the premises, before in or by these presents demised and granted, bargained and sold, and every part and parcel thereof, with their and every of their Appurtenances, and the Reversion and Reversions, Rents and yearly Profits of the same, and of every part and parcel thereof, unto the said G. R. his Executors, Ad­ministrators and Assigns, from the Feast-day of All-Saints last past, before the date of these presents, unto the full end and term of Ninety and nine years from thenceforth next ensuing, and fully to be compleat and ended: Yielding and paying therefore year­ly, and for every year during the said term unto the said H. Oniel, his Heirs and Assigns, the yearly rent or sum of, &c. of current money of England, at the Feasts of Philip and Jacob, and All-Saints, by even and equal portions; as within one and twenty dayes next after any of the said Feasts. And if it happen the said yearly Rent to be behind and unpaid in part or in all, contrary to the reservation aforesaid; and no sufficient distress can or may be [Page 73]found or taken in and upon the said demised premises, (A demand thereof being by the said Sir H. Oniel, his Heirs or Assigns, first made) That then, and from thenceforth it shall and may be law­ful to and for the said Sir H. Oniel, his Heirs or Assigns, or any of them into the said four Towns or Town-lands, and all and singular the aforesaid demised premises, with the appurtenances, or into any part or parcel thereof, in the name of the whole to re­enter, and the same to claim, have again, enjoy and re-possess, as in his and their first and former estate; any thing in these pre­sent Indentures contained to the contrary in any wise notwithstanding; and the said G. R. A Covenant for new Building; Messuages on the demised pre­mises. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth cove­nant, promise and grant to and with the said Sir H. Oniel, his Executors, Administrators and Assigns, and to and with every of them by these presents, in manner and form following, that is to say, That he the said G. R. his Executors, &c. shall and will within the space of ten years next ensuing the date of these presents, at his and their own proper Costs and Charges, erect, new-build, and set up, in and upon some convenient part of the premises by these presents demised, three Messuages, Tenements or Houses fit and conveni­ent for habitation, to be so erected of Timber, Stone or Brick, according to the most usual manner of building now used within the Realm of England, and the same being thus built, shall from time to time, and at all times during the aforesaid term of, &c. years, keep and well maintain in good repair: And shall and will like­wise from time to time, during the said term, well and sufficiently repair, amend, maintain and keep all the Houses, Edifices, Hedges, Ditches, Fences and Enclosures, in and about the said demised pre­mises, or any part thereof, in good and sufficient reparations, and the said demised premises, and every part thereof, being so well and sufficiently repaired, maintained, hedged, fenced, ditch'd and amended, in the end of the said term shall and will quietly leave and yield up unto the said Sir H. O. his Executors, Administra­tors and Assigns. And that the said G. R. his Executors, Admi­nistrators and Assigns, and his and their Under-Tenants, shall and will from time to time, during the said term, grind all their several kind of Grain whatsoever, that they, or any of them, A Covenant to pay Heri­ots. shall expend in and upon the said demi­sed premises, or any part thereof, at the Mill or Mills of him the said H. Oniel. And the said G. R. [Page 74]for himself, his Executors, Administrators and Assigns, and for every of them, doth further covenant, promise and grant to and with the said Sir H. Oniel, his Heirs and Assigns, and to and with every of them by these presents, That he the said G. R. his Exe­cutors. Administrators or Assigns, shall or will well and truly pay, or cause to be paid unto the said Sir H. O. his Heirs or Assigns, such several and respective Heriots for the said demised premises, as are hereafter in these presents mentioned and expressed: That is to say, upon the death of the said G. R. his Executors or Admi­nistrators, dying Tenant in possession of the said premises, or any part thereof, his or their best Beast in the name of one Heriot, and upon the decease of every of his or their Lessees, Farmor or Under-Tenant of the said premises, or any part thereof, one half of the value of the price of his or their best Beast, in full lieu and satis­faction for the whole Heriot. And the said Sir H. Oniel for him­self, his Heirs, Executors and Administrators, and for every of them, doth covenant, promise and grant to and with the said G. R. his Executors, Administrators and Assigns, and to and with every of them by these presents, That it shall and may be lawful to and for the said G. R his Executors, Administrators and Assigns, and his or their Lessees, Farmors and Under-Tenants, from time to time, and at all times hereafter during the said term, to have and take, in and upon the said demised premises, competent and suffi­cient House-boot, Plough-boot, Cart-boot, Hedge-boot and Fire-boot to be spent, expended and imployed, in, about, and upon the same premises, and not else-where. And the said Sir H. Oniel for himself, his Heirs, Executors and Administrators, and for every of them, doth further covenant, promise to and with the said G. R. his Executors. Administrators and Assigns, and to and with every of them by these presents in manner and form fol­lowing: That is to say, That the said Sir H. Oniel is, and standeth lawfully seized of and in the said four Towns, Town-lands or Townships before-mentioned in these presents, and of and in all other the demised premises, with their appurtenances, of such good, perfect and lawful estate of inheritance in Fee-simple, as that he the said Sir H. Oniel hath in himself good Right, full Power, and law­ful Authority hereby to demise, grant, bargain, sell and to farm-let the said four Towns or Town-lands before mentioned, and all other the promises aforesaid, with their and every of their appur­tenances, into the said G. R. his Executors, Administrators and Assigns, f [...]r such term of years, and in such manner and form as is herein before mentioned and expressed: And for the further and [Page 75]better securing and confirming of the said four Towns or Town­lands, and other the premises, with the appurtenances, unto the said G. R. his Executors, Administrators or Assigns, for and during the term aforesaid, and in manner and form as is aforesaid, accord­ing to the true intent and meaning of these presents, The said Sir H. Oniel for himself, his Executors, Administrators and Assigns, and every of them, doth covenant and grant to and with the said G. R. his Executors, Administrators and Assigns, and every of them by these presents, That the said G. R. his Executors, Admi­nistrators and Assigns, and every of them, shall, and lawfully, may, from time to time, and all times hereafter, during the said term, by these presents granted, peaceably and quietly have, hold, occupy, possess and enjoy well and truly the said four Towns or Town­lands, without any molestation or hinderance wrought by the said Sir H. Oniel, or any claiming by, from or under him, and also shall and may take, receive and perceive all Rents, and all other profits of the said four Towns or Town-lands; and all other the premises before in and by these presents granted, bargained, sold, or to farm-letten, or mentioned, agreed or intended to be hereby granted, bar­gained, sold, and to farm-letten, and every part and parcel thereof, with their and every of their appurtenances, under the Rents, Co­venants and Agreements in these presents reserved, mentioned or contained, without the lawful let, suit, trouble, eviction, molesta­tion or interruption of the said Sir H. Oniel, and the Lady M. his Wife, and of the Heirs or Assigns of the said Sir H. Oniel, or any of them, or of any other person or persons whatsoever, lawfully claiming, or which shall claim, by, from or under him, her, them, or any of them free and clear, and freely and clearly acquitted, exo­nerated and discharged, or well and sufficiently saved and kept harmless of, for, from, touching and concerning all and all manner of former and other Gifts, Grants, Bargains, Sales, Leases, Estates for years, Statutes-Merchant, and of the Staple, Recognizances. Judgments, Executions, Annuities, Rents, Charges, Rents-seck, and all other Charges, Titles, Troubles and Incumbrances what­soever, heretofore had, made, committed, suffered, done or assent­ed unto by the said Sir H. Oniel (except the yearly Rent herein before reserved.) In witness, &c.

A Joynture with divers Limitations, &c. with a Proviso for Revocation.

THis Indenture made the, &c. between V. W. of, &c. Esq and F. his Wife, formerly the Wife of G. A. Esq deceased, of the one part: And A. B. of, &c. Esq I. P. of, &c. Gent. and I. G. of, &c. Merchant, on the other part, witnesseth, That the said V. W. as well for and in consideration of a Marriage, hereto­fore had and solemnized by and between the said V. W. and the said F. his now Wife, and for setling of a competent Joynture for the said F. if it shall happen to survive the said V. W. and for the setling, assuring and conveying of all and singular the Mannors, Lands, Tenements and Hereditaments hereafter in these presents mentioned, with their and every of their appurtenances, in the Name and Blood of the said V. W. for so long time as it shall please Almighty God, and to the several uses, intents and purposes, and in such manner and form as hereafter in and by these presents is expressed, mentioned and declared, according to, and in pursuit of a certain Agreement made between the said V. W. and F. before their said inter-marriage. And also for divers other good and va­luable considerations him thereunto especially moving, hath granted, aliened, infeoffed, released and confirmed, and by these presents doth grant, alien, infeoffe, release and confirm unto the said A. P. J. P. and J. G. their Heirs and Assigns, all that the Mannor of S. M. with all and singular the Rights, Members and Appurtenances whatsoever thereunto belonging, or in any wise appertaining, scituate and being in the said County of H. And also all and singular the Messuages, Lands, Tenements, Tofts, Crofts, Houses, Edifices, Buildings, Barns, Stables, Dove-houses, Mills, Orchards, Gardens, Meadows, Leasoes, Pastures, Closes, Feed­ings, Parks, Warrens, Commons, Waters, Fishings, Ponds, Pools, Moors, Marshes, Woods, Under-woods, Furzes, Heaths, Wastes, Rents, Reversions, Services, Views of Frank-Pledge, Courts, Barons, Perquisites and Profits of Leets and Courts, Waifes, Estrayes, Felons Goods, Goods of Fugitives and Out-laws, Tythes, Oblations, Obventions, Royalties, Priviledges, Juris­dictions, Preheminencies and Hereditaments whatsoever of him the said V. W. scituate, lying and being, renewing, growing or coming in V. M. aforesaid, or else-where in the said County of H. And also al that the Advowson, Donation, Nomination, Presen­tation, fre [...] Disposition, and right of Patronage of the Parish-Church [Page 77]of S. M. aforesaid: And all and every the Profits, Com­modities, Emoluments, and other Hereditaments whatsoever, with all and singular the Appurtenances of him the said V. W. scituate, lying and being, coming, growing, arising and renew­ing within the Towns, Fields, Parish, Hamlets and Territories of S. M. aforesaid, or elsewhere within the said County of H. and all the Estate, Right, Title, Interest, Property, Claim and Demand whatsoever of him the said V. W. of, in and to the same Mannor, Messuages, Tenements, Hereditaments, and other the premises, and every part and parcel thereof: and the Reversion and Reversions, Remainder and Remainders thereof, and of every part and parcel thereof, and all and every the Rent and Rents thereupon reserved, due and payable, or any part there­of. All which premises were by the said V. W. bargained and leased to the said A. B. J. P. and J. G. their Executors or Assigns, by Indenture bearing date, &c. for the term of three Moneths next ensuing the making of the said Indenture, as in and by the same Indenture, reference being thereunto had, may more fully and at large appear. To have and to hold the said Mannor of S. M. with the appurtenances, and all and singular the said Messu­ages, Tofts, Crofts, Lands, Tenements, and the said advowson and right of Patronage of the Parish-Church of S. M. aforesaid, and every the Profits and Emoluments hereby arising and renew­ing, and all and singular other the premises, hereby conveyed and assured, or meant or mentioned, or intended to be by these pre­sents conveyed and assured; with their and every of their Rights, Members and Appurtenances, and the Reversion and Reversions, Remainder and Remainders thereof, and of every part thereof, unto the said A. B. J. P. and J. G. and their Heirs and Assigns, to the several uses, intents and purposes, and upon the trust and confidence, and under the several Provisions, Conditions and Limitations hereafter, in and by these presents expressed, limited and declared, and to and for none other use, intent or purpose whatsoever; (That is to say) as for and concerning all the Farm, Messuage or Tenement, commonly called or known by the Name of Causin-Farm, and all and every the Houses, Buildings, Barns, Stables, Yards, Gardens, Orchards and Lands, Arable, Meadow and Pasture, containing by estimation one hun­dred Acres, be the same more or less; to the said Messuage, Farm or Tenement belonging; or in any wise appertaining, with the appur­tenances, scituate, lying and being in S.M. the appurtenances now or late in the tenure or occupation of the said A. B. or his Assigns: [Page 78]And all the Farm, Messuage or Tenement in S. M. aforesaid, to­gether with all and every the Houses, Edifices, Buildings, Barns, Stables, Yards, Gardens, Orchards, arable Lands, containing by estimation sixty Acres, be the same more or less; and all Closes, Meadows, Pastures, and Hereditaments to the said Messuage or Tenement belonging, or in any wise appertaining, with the ap­purtenances now or late in the Tenure or Occupation of the said A. B. or his Assigns; and also all that Messuage or Tenement, Houses, Buildings, Barns, Stables, Orchards, Gardens, arable Lands, containing by estimation an hundred Acres, be the same more or less, Closes, Meadows, Pastures, Lands, Tenements and Hereditaments to the said Messuage or Tenements belonging, o [...] in any wise appertaining, scituate, lying and being in S. M. afore­said, with the appurtenances heretofore in the Tenure or Occupa­tion of C. D. and now or late in the Tenure or Occupation of T. W. or his Assigns; and all those arable Lands, containing by estimation thirty Acres, be the same more or less; and all those Closes, Meadows, Pastures, Lands, Tenements and Heredita­ments, with their and every of their appurtenances, scituate and being in S. M. aforesaid, now or late in the Occupation of, &c. or his Assigns; and also all those twenty Acres of arable Lands, Meadows and Pasture in S. M. aforesaid, now or late in the Te­nure or Occupation of W. H. or his Assigns: Together with all and singular Wayes, Easements, Commons, Common of Pasture, Profits and Commodities whatsoever to the said Premises, or any part thereof belonging or appertaining, or therewith used and en­joyed, or excepted, reputed or taken as part or parcel, or member thereof, with their and every of their appurtenances, To the use and behoof of the said V. W. for and during the term of his na­tural life, without impeachment of or for any manner of strip o [...] waste; and from and after his decease, to the use and behoof of the said F. for and during the term of her natural life, for her Joyn­ture, and in lieu and recompence of her Dower and Title of Dower, and from and after the several deceases of them the said V. W. and F. his wife, then to the use and behoof of the first Son of the body of the said V. W. on the body of the said F. lawfully begotten, or to be begotten, and of the Heirs males of the body o [...] such first Son, lawfully to be begotten: and for default of such Issue, then to the use and behoof of the second Son of the body of the said V. W. on the body of the said F. lawfully begotten, or to be begotten, and of the Heirs males of the body of such second Son lawfully to be begotten: and for default of such Issue, to the [Page 79]use and behoof of the third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and every other Son on the body of the said F. law­fully begotten, or to be begotten, and of the Heirs males of the body of every such to be begotten Son lawfully to be begotten, the eldest Son, and the Heirs males of his body being alwayes pre­ferred before the younger Son, and the Heirs males of his body, according to the seniority and priority of Birth and Age: and for default of such Issue, then as for and concerning all and singular the premises hereby limited and appointed to and for the Joynture and Livelihood of the said F. with their and every of their Appur­tenances, and the Reversion and the Reversions, Remainder and Remainders thereof, and of every part thereof, to the use and be­hoof of the said A. B. J. P. and J. G. and their Assigns, for and during the term of their natural Lives, and the life of the longest Liver of them, and from and after their decease, and the decease of the Survivor of them, to the use and behoof of the Executors Administrators and Assigns, of the Survivor or Survivors of them the said A. B. J. P. and J. G. for and during, and unto the full end and term of Sixty years from thence next ensuing, and fully to be compleat and ended, upon trust and confidence, and to the Uses, Intents and Purposes hereafter in and by these presents limited, ex­pressed and declared; (that is to say) from and after the decease of them the said A. B. J. P. and J. G. and of the Survivor of them, and from and after the end, expiration and other determination of the said term of Threescore years, as aforesaid, then as for and con­cerning the Reversion and Reversions, Remainder and Remain­ders of the said Messuage, Lands, Tenements and Premises so li­mited, for Lives and Years aforesaid: And as for and concerning all that the Mannor of S. M. aforesaid, Mannor-house, or Capital Messuage, and all and every the Houses, Edifices, Buildings, Barns, Stables, Yards, Orchards, Gardens, Lands, Closes, Meadows, Pastures, Feedings, Tenements and Hereditaments, commonly called or known by the name of the Demeasn Lands of the Man­nor of S. M. aforesaid, scituate, lying and being, enclosed and in­vironed with a Ring-hedge, near about the said Capital Messuage, and for and concerning all other the Lands, Closes, Meadows, Pastures, Feedings, Tenements and Hereditaments, with their and every of their Appurtenances, and the Reversion and Reversions, Remainder and Remainders thereof, whereof no Estate, Use or Uses, is, or are herein formerly limited and declare [...] to the use and behoof of the said V. W. and his Assigns, for and during the term of his natural Life, without any impeachment of, or for any [Page 80]manner of strip or waste, and from and after his decease, to the use and behoof of such person or persons, for such Estate and Estates, and for such use and uses, and in such sort, manner and form, as the said V. W. by any his Deed or Deeds, in writing, intended, sealed, delivered and executed in the presence of three credible Witnesses at the least, shall declare, limit and appoint, and until such declaration, limitation or appointment, then to the use and behoof of G. W. eldest Son of the body of the said V. W. and of the Heirs males of the body of the said G. W. lawfully be­gotten, or to be begotten; and for default of such Issue, then to the use and behoof of R. W. second Son of the body of the said V. W. begotten: and of the Heirs males of the body of the said R. W. lawfully to be begotten, and for default of such Issue, to the use and behoof of the third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and every other Son of the body of the said V. W. lawfully begotten, or to be begotten, and of the Heirs males of the body of every such to be begotten Son, lawfully to be begotten, the elder Son and the Heirs males of his body to take place, and be preferred according to the seniority and priority of Birth and Age; and for default of such Issue, to the use and behoof of the Heirs of the said V. W. lawfully begotten, or to be begotten; and for default of such Issue, to the use and behoof of the right Heirs of the said V. W. for ever. And the true intent and meaning of these presents, and of all the Parties hereunto upon the execution of these presents is, and the special trust and confidence in them the said A. B. J. P. and J. G. their Executors, Administrators and Assigns, hereby reposed, is hereby declared and agreed to be, That if in case the said V. W. shall depart this life, having no Issue male of his body, upon the body of the said F. lawfully begotten, or without leaving the said F. with Child of a Son, who hereafter shall be born alive, and having at the time of his decease, one, two, or more Daughters of his body, on the body of the said F. lawfully begotten, then living; or if there be one onely Daughter, if she be not preferred in Marriage with Eight Thousand pounds portion; or if there be two such Daugh­ters, and if they be not severally preferred in Marriage with One thousand pounds a piece, or if there be three such Daughters, if they be not preferred in Marriage, with portions of One thousand Marks a piece, as is hereafter mentioned: Or if the said V. W. leaving the [...]nd F. with Child of one or more Daughter or Daugh­ters, who s [...]all after be born alive, that then the said A. B. J. P. and J. G. the Survivor and Survivors of them, his and their [Page 81]Executors, Administrators and Assigns, out of the Rents, Issue [...] and Profits of the said Messuages, Cottages, Closes, Pastures, Mea­dows, Tenements, Hereditaments, and other the premises, with the appurtenances, so to them limited and appointed for Lives and Years, as aforesaid, shall raise and levy as soon as conveniently may be found for the portion of such Daughter, if there be but one, the sum of Two Thousand pounds of lawful, &c. to be paid to such onely Daughter, her Executors and Assigns, at her age of Eigh­teen years, or day of Marriage, which shall first happen, or as soon as the said sum of Two Thousand pounds can be raised: And if there shall be two such Daughters, the sum of One Thou­sand pounds a piece: Or if there be three Daughters, then for the portions of the three Daughters, the Sum of One thousand Marks a piece of current, &c. to be paid to them, their Executors and Assigns, severally and respectively, at their several and respective ages of Eighteen years, or dayes of Marriage, which shall first happen, or as soon as the same can be conveniently raised: And upon this further trust and confidence, and to the intent and pur­pose, that if it shall happen the said V. W. die, leaving one only Daughter, or two or three Daughters of his Body, on the Body of the said F. begotten, then living, or afterwards to be born as aforesaid; And that the said onely Daughter shall happen to de­part this Life, before she accomplish her age of Eighteen years, or day of Marriage, or if there fortune to be two or more Daughters, then if both, or all the said Daughters die, or depart this Life, be­fore either, or any of them, accomplish their several ages of Eigh­teen years, or be married, as aforesaid; then the said several sums of money intended for the portions and advancements of such Daughter or Daughters, as aforesaid, or so much thereof as shall be raised or levyed out of the Rents, Issues and Profits of all or any the Premises (all Charges and Expences being defrayed, wherein full and liberal allowance shall be made and given) shall be satisfied or paid to such person or persons as the said V. W. his Heirs or Assigns, by any writing under his or their Hand, sub­scribed in the presence of two or more credible Witnesses, shall limit and appoint. And in default of such limitation and appoint­ment, to the Executors or Administrators of the said V. W. and his Heirs. And upon this further trust and confidence, and to the intent and purpose that the said A. B. J. P. and J. G. and the Survivor and Survivors of them, his and their Executor and As­signs, shall out of the Rents, Issues and Profits of the aid Messua­ges, Cottages, Lands, Tenements, Hereditaments [...]nd Tremises [Page 82]so to them limited for raising of portions, as aforesaid, with their and every of their appurtenances, levy and pay, or cause to be levi­ed and paid to & for the maintenance of such Daughter or Daugh­ters, as aforesaid; if there be but one only Daughter, the sum of 50 l. per annum; and if there be two or three Daughters, the sum of 30 l. per annum a piece, until such Daughter or Daughters re­spectively, shall attain to her or their age of Eighteen years, or shall be married, and her or their portions paid as aforesaid. Pro­vided alwayes, that it is the true intent and meaning of all the said Parties to these presents, That if the said V. W. shall happen to depart this Life, without any Issue Female of his Body upon the Body of the said F. begotten, or without leaving the said F. with Child of one or more Daughters that shall be after born alive, That then the Estate and Estates so limited, as aforesaid, to the said A. B. J. P. and J. G. for their Lives; and after their Deceases, to their Executors and Administrators for Sixty years, shall cease, determine, and be utterly void. Provided also, that from and immediately after such time as the aforesaid A. B. J. P. and J. G. their Executors or Assigns, shall or might have limited and raised the said several sums for portions, and present maintenance of such Daughter and Daughters, as aforesaid, that the said Estate for Lives and Years limited to them in trust, as aforesaid, shall cease, deter­mine, and be utterly void; and the said Messuages, Cottages, Lands and Tenements, and all and singular other the premises so to them limited, as aforesaid, in trust, shall immediately go and be to such person or persons to whom the Rerversions or Remain­der of the said Messuages, Lands and Premises shall belong and appertain. And the said V. W. for himself, his Heirs, Executors, Administrators and Assigns, and every of them, doth covenant, grant and agree, to and with the said A. B. J. P. and J. G. their Heirs, Executors, Administrators and Assigns, and to and with every of them by these presents, that the said Messuages, Cotta­ges, Closes, Meadows, Pastures, Tenements and Hereditaments, and all and singular other the premises, before by these presents [...] [...]ectively limited and appointed for the Joynture of the said [...] are, and so from time to time, and at all times hereafter [...] notwithstanding any act or default of the said V. W. [...] Assigns, or any of them) shall remain, continue, and be [...] F. and her Assigns, of the clear yearly value of, &c. over [...] all Charges and reprizes. Provided alwayes, and upon [...] condition, and to the further use, intent and pur­pose, [...] said V. W. happen to depart this Life, leaving a [Page 83]Son of his Body on the Body of the said F. lawfully begotten, and the said F. do him survive, and afterwards to inter-marry with any person or persons whatsoever, that then, from and immediately after the said Marriage, as for and concerning one full fifth part (in five parts to be divided) of all and singular the said Messuages, Lands, Tenements and Hereditaments, with the Appurtenances before hereby specified to be limited and appointed to and for the Joynture of the said F. aforesaid, that the Use and Uses, Estate and Estates thereof limited to the said F. shall cease, determine, and be utterly void, and that from thenceforth they the said A. B. J. P. and J. G. and the Survivor and Survivors of them, his and their Heirs and Assigns, shall stand and be seized of the full fifth part of the said Messuages, Lands and Premises, from and imme­diately after the inter-marriage of the said F. to the use and behoof of the said Son of V. W. on the Body of the said F. begotten, for and during the term of the natural life of the said F. for her main­tenance, any thing herein contained to the contrary in any wise notwithstanding. Provided also, and upon this condition, and so it is covenanted, granted, declared and agreed by and between all and every of the said Parties to these presents, and their Heirs and Assigns respectively, and it is the true intent and meaning of these presents, That it shall and may be lawful to and for the said V. W. at any time hereafter, during his natural life, from time to time, by one or more Indenture or Indentures under his Hand and Seal, to lease, demise, set, and to farm-let all and every or any of the said Mannors, Messuages, Lands, Tenements, Hereditaments and Premises, with the Appurtenances, which have been usually set and to farm-letten, unto any person or persons whatsoever, for the term of three Lives, or for any number of years determinable upon one, two, or three Lives, or for the term of One and twenty years, or over or under in Possession, and not in Reversion, so as upon every such Lease and Demise, the ancient and accustomed Rent, or more, or the Rent or the Rents now payable or paid, or more (over and besides Duties, Heriots and Services due and accustom­ed) be thereupon reserved, and so as such Rents, Duties, Heriots and Services upon such Lease and Leases, severally reserved, shall and may be, and continue due and payable unto him, her or them, respectively and successively, unto whom the Reversion and Re­versions, and Remainder thereof, is hereby limited and appointed, as aforesaid. Provided also, and upon this further [...]ondition, and so it is covenanted and agreed by and between all and every the Parties to these presents, That if at any time from and after the [Page 84]death of the said V. W. the said G. W. Son and Heir of the said V. W. or such other person or persons as shall be Heirs at Law of the said V. W. shall and do well and truly satisfie and pay, or cause to be satisfied and paid unto the said A. B. J. P. and J. G. and to the Survivor or Survivors of them, his and their Heirs, Execu­tors, Administrators and Assigns, if H. A. Son of the said F. be then living, the sum of four thousand and five hundred pounds of current, &c. And if the said H. A. be dead, the sum of five thousand pounds of like current money, at or in the, &c. To the end, that thereby the said A. B. J. P. and J. G. their Heirs, Exe­cutors, Administrators and Assigns, may be thereby enabled to purchase Lands and Tenements, of the value of, &c. or may em­ploy and dispose of the same, for the use, benefit and advantage of the Issue of the Body of the said F. lawfully begotten, or to be be­gotten, or if the said V. W. or the said Heir at Law, as aforesaid, or any of them, shall at their own proper costs and charges, settle, convey and assure, or cause and procure to be conveyed and assu­red, other Lands, Tenements and Hereditaments, which shall be of the clear yearly value of Two hundred and fifty pounds per an­num, above all Charges and Reprizes, unto the said A. B. J. P. and J. G. their Heirs and Assigns, and to the Survivor and Survivors of them, his and their Heirs, Executors, Administrators and As­signs, to the like several uses, intents and purposes, and upon the like trusts and confidences, and under the like Conditions, Provi­soes, Powers and Limitations, as are hereby formerly limited and appointed, excepting onely the said Messuage, Lands and Tene­ments herein and hereby limited to and for the Joynture of the said F. that then and immediately from and after such payment or settlement, as aforesaid, the several Uses and Estates herein and hereby limited (other than the Estate for life limited to the said F. as aforesaid) of, for, or concerning the said Land and Premi­ses, for the use and benefit of the Issue of the Body of the said V. W. on the Body of the said F. lawfully begotten, or to be be­gotten, and every of them shall cease, determine, and be utterly void. And the said V. W. for himself, his Executors, Admini­strators and Assigns, doth covenant, grant and agree, to and with the said A. B. J. P. and J. G. their Heirs and Assigns, and to and with every of them by these presents; That for or notwithstand­ing any act or thing whatsoever, heretofore done or suffered by the said V. W. his Heirs or Assigns, or hereafter by him, them, or any of ther [...], to be done or suffered to the contrary, the said V. W. now is, and so at the time when the first Estate of the said [Page 85]Mannor, Advowson, Messuages, Lands, Tenements and Premi­ses, and every part and parcel thereof, shall be conveyed and assu­red to the said A. B. J. P. and J. G. their Heirs and Assigns, to the uses aforesaid, shall stand and be seized thereof, of a good, perfect, absolute and indefeazible Estate of Inheritance in Fee­simple or Fee-tail, without any Reversion or Remainder in the Crown, or without any Covenant or use to alter, change or de­termine the same. And also that he the said V. W. for and not­withstanding any act or thing whatsoever heretofore done or suffe­red to the contrary, as aforesaid, hath, and so at the time of the Execution of the said first Estate of the said Mannor, Advowson, Messuages, Lands, Tenements and Premises, and every part and parcel thereof, with their and every of their appurtenances, to the said A. B. J P. and J. G. their Heirs and Assigns, shall have full power, good right, and lawful authority to grant, convey and assure the said Mannors, Messuages, Lands, Advowsons, Tenements and Premises, with their and every of their appur­tenances, to the said A. B. J. P. and J. G. their Heirs and Assigns, to the uses, intents and purposes aforesaid, according to the true intent and meaning of these presents. And the said V. W. for himself, his Heirs, Executors, Administrators and As­signs, and every of them, doth covenant, promise, grant and agree to and with the said A. B. J. P. and J. G. and their Heirs and Assigns, and to and with every of them by these presents, That the said V. W. and his Heirs, shall and will from time to time, and at all times hereafter, during and within the, &c. years next ensuing the date of these presents, upon the reasonable re­quest, and at the costs and charges in the Law of the said V. W. his Heirs or Assigns, or any of them, do make, acknowledge, levy, execute and suffer, or cause to be made, done, levied, acknow­ledged, executed and suffered, all and every such further and other lawful and reasonable act and acts, thing and things, de­vice and devices, conveyance and conveyances, assurance and assurances in the Law whatsoever, for the further, more perfect and better assurance, surety, sure-making, conveying and assuring of the said Mannor, Advowson, Messuages, Lands, Tenements and Hereditaments, and all and singular the premises, with their and every of their appurtenances, unto the said A. B. J. P. and J. G. their Heirs and Assigns, to the uses, intents and purposes and under the conditions, provisoes and limitations before mentioned, expressed and declared, and to and for none other use, intent & purpose what­soever. Be the same by one or more fine or fines, with proclamations [Page 86]to be levied and executed in due form of Law, Feoffment or Feoffments, Recovery or Recoveries, with single, double or treble Voucher or Vouchers, Deed or Deeds, Enrolled or not Enrolled, the enrolment of these presents, Release, Confirmation with war­ranty, as aforesaid, or otherwise without warranty, or by all, every or any of the aforesaid wayes or means, or by any other lawful and reasonable wayes or means whatsoever, as by the said A. B. J. P. and J. G. the Survivor or Survivors of them, his or their Heirs or Assigns, or as by his, their, or any of their Council learned in the Law, shall be reasonably devised or required: which said Fine or Fines, Feoffment or Feoffments, Recovery or Recoveries, and assurances whatsoever, had, made and executed, or hereafter to be had, made and executed, by the said V. W. his Heirs and Assigns, or by any other person or persons whatsoever, touching and concerning all and every, or any of the premises, with their and every of their appurtenances, and every part and parcel there­of, shall be and enure, and shall be adjudged, demised, construed and taken to be and enure, to the uses, intents and purposes, before in and by these presents limited, expressed and declared, and to and for none other use, intent or purpose whatsoever, any former or other Declaration of use or uses to the contrary thereof in any wise notwithstanding. Provided nevertheless, and upon the con­dition, and it is covenanted, declared and agreed by and between all and every the Parties to these presents, their Heirs and Assigns, and every of them respectively by these presents, That it shall and may be lawful to and for the said V. W. at any time or times hereafter, during his natural life, by his Deed or Deeds indented, to be by him sealed and delivered in the presence of three or more credible Witnesses, by and with the consent and approbation of the said A. B. J. P. and J. G. or of the Survivor or Survivors of them, his or their Heirs or Assigns, testified in Writing, under their Hands and Seals, to alter, change, revoke, determine, or make void all or any the Estate or Estates, Use or Uses before by these presents limited and appointed, except onely the Uses before hereby limited and appointed to or for the Joynture of the said F. as aforesaid, and that from and after such alteration, change, revo­cation, determination or making void thereof, or of any part thereof, these presents and all other assurances in the Law whatso­ever, shall be and enure, and shall be adjudged, deemed, construed and taken to be, and to enure. And they the said A. B. J. P. and J. G. and their Heirs and Assigns, and their Heirs and Assigns of the Survivor and Survivors of them, shall stand and be seized of [Page 87]all and singular the premises (except before excepted) or so much thereof, whereof such alteration, change, revocation, determina­tion, or making void, shall be had and made, as aforesaid, to such other use and uses, and to the use of such person and persons, and for such Estate and Estates, and in such sort, manner and form, as the said V. W. by any Deed or Deeds indented, setled, delivered and executed in the presence of three or more credible Witnesses, by and with such consent and approbation shall declare, limit or appoint: and from and after such Revocation, in default of such Declaration, Limitation and Appointment, then to the uses, in­tents and purposes before by these presents limited, expressed and declared, and to and for none other use, intent and purpose what­soever; any thing in these presents, or in any former or other Declaration of use or uses contained to the contrary thereof in any wise notwithstanding. In witness, &c.

A Condition for the payment of Rent Quarterly, for Lands held from year to year, at the pleasure of the Lessor.

THe Condition of this Obligation is such, That whereas the above-bounden T. H. hath and holdeth from year to year, at the will and pleasure of the above named J. M. certain Closes and parcels of Ground lying and being in the Parish of S. above-written in the County of Berks, parcel of the Lands belonging to the Tenement there called B. for and under the yearly Rent of, &c. to be paid quarterly. If therefore the said T. H. his Heirs, Executors and Administrators, or any of them, do well and truly pay, or cause to be paid unto the said J. M. or to his certain Attor­ney, Executors or Assigns, the said yearly Rent of, &c. at the now dwelling-house of the said J. M. in T. above-written, in manner and form, as followeth; (that is to say) upon the Four and twentieth day of June next ensuing the date hereof, &c. upon the Eight and twentieth day of September next also ensuing other, &c. upon the Four and twentieth day of December next also ensuing other, &c. other upon the Four and twentieth day of March, which shall be in the year of our Lord God, &c. and, &c. and so forth quarterly and every quarter: the one next and immediately ensu­ing the other upon the like dayes, the sum of, &c. during all the time and term that the said T. H. and his Assigns, shall so hold and enjoy the said Closes and Grounds, at the Will of the said J. M. And moreover do from time to time during all the said [Page 88]term, at his own Costs and Charges maintain and keep the same premises in good and sufficient Fences and Bounds; and in the end of the same time, do leave and yield up the same well and sufficient­ly fenced and bounded, without any cavillation: That then, &c.

A Sale of the Moyety of 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. R. &c. on the one part; and A. G &c. on the other part: Witnesseth, That whereas the said P. R. being in­teressed and possessed by Lease dated, &c. made and granted unto him the said P. R. by and from one W. T. of, &c. of all that Messuage, Tenement or Inn, called or known by the name or Sign of the Black-Bell, scituate in Fleet-street, in the Parish of St. Dun­stans, &c. And of all Cellars, Sollers, Rooms, Barns, Stables, Hay­lofts, Gate-houses, Liberties of passage, Court-yards, Windows, Lights, Water-courses, Racks, Planks, 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. R. of the premises, is excepted) did afterwards by his In­denture of Lease bearing date, &c. for the considerations therein expressed, demise, grant, and to farm-let unto T. R. Citizen, &c. his Executors, Administrators and Assigns, all those Rooms, Chambers, Lodgings, Cellars and Easements hereafter particularly mentioned, being parcel of the said Messuage, Tenement or Inn called, &c. and then in the Tenure of the said T. R. or of his As­signs (that is to say) one Cellar lying under the Shop, then and yet in the Occupation of the said T. R. or his Assigns, 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 Inn 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 G. on the same floor, with liberty to make and contrive convenient light or lights, from the yard of the said Messuage, Tenement or Inn aforesaid, to serve the said Room, called the F. Room, and the same so made, to enjoy during the said Lease, one other Room, Cham­ber or Lodging towards the Street, called The Angel, directly over the said Chamber called the C. One other Chamber or Lodging, commonly called The two Bed-Chambers, lying backward, behind [Page 89]part of the said Room or Chamber, called the A. on the same floor, and all other piece and parcel of the low Rooms then in the Occupation of the said T. R. or of his Assigns, to contain 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 lead from the said Shop unto the said demised premises, 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 premises belonging or appertaining. To have and to hold the said, &c. unto the said T. R. his Executors, Administrators and Assigns, from the Feast of, &c. then next coming after the date of the said Lease last reci­ted, unto the end and term of, &c. from thence next ensuing, and fully to be compleat and ended. And for and under the yearly Rent or Reversion of the first two years, and one quarter of the said term of one Pepper-corn, and afterwards during the whole term, for and under the yearly 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, right, title, Recited interest, term of years, property, claim and demand of the said T. R. in and to the said premises before mentioned 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, term of years and premises 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 premises so possessed, as aforesaid, by his Indenture or Deed indented, bearing date, &c. for the considerations therein mentioned, did grant, bargain, sell, assign and set over unto J. C. &c. his Executors, Administrators and Assigns, the moyety or one half part of the Messuage, Tenement or Inn, called The Black-Bell. aforesaid, and the moyety of all and singular Shops, Cellars, Sollers, Rooms, Barns, Stables, Hay-losts, Gate-houses, Liberties of Passage, Courts, Yards, Windows, Lights, Water-courses, Racks, Planks, Mangers, and all other the Appurtenances whatsoever, to the said Messuage, Tenement or Inn belonging or appertaining, and the moyety of all Houses, Edifices and Buildings then standing or be­ing upon the premises, or any part thereof, and the moyety of [Page 90]all and singular other the premises whatsoever, mentioned to be demised, in and by the said Indenture of Lease first mentioned (except as in the same Indenture is excepted) To have and to hold the said moyety or the said Messuage, Tenement or Inn, called the, &c. and of all other the premises aforesaid (except before except­ed) unto the said J. C. his Executors, Administrators and Assigns, from thenceforth during the residue then to come and unexpired of the whole term granted by the said Indenture of Lease first mentio­ned, made to the said P. R. 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. B. and P. R. for and in consideration of the sum of, &c. to him the said P. R. by the direction and appointment of the said R. B. well and truly paid, before the ensealing and delive­ry of these presents by the said A. G. whereof they the said R. B. and P. R. do acknowledge themselves to be fully satisfied, con­tented and paid; and thereof, and of every part and parcel 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, assign and set over unto the said A. G. his Executors, Administrators and Assigns, all that the moiety 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 premises demised to the said T. R. by the said P. R. in and by the said Indenture of Lease, be­fore recited, and of every part and parcel thereof, together with the moyety or half-part of the said yearly 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 said term thereby granted. To have and to hold the said moyety of all and singular the said Rooms, Chambers, Lodgings, Rents, and other the premises, with the appurtenances, before by these presents mentioned to be granted, bargained, sold, assigned and set over, and every part and parcel thereof, with li­berty, power and authority to receive and take the said Rents, as aforesaid, unto the said A. G. his Executors, Administrators and Assigns, from the ensealing and delivery of these presents, for and during all the rest and residue of the said term of, &c. years 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 [Page 91]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. R. for themselves, and either of them, their and either of their Executors, Administrators and Assigns, and for every of them, do covenant, promise and grant, to and with, &c. (That is to say) That the said R. B. and P. R. 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 premises, as that they the said R. B. and P. R. or one of them, now have or hath good right, full power, and lawful autho­rity thereby to grant, bargain, sell, assign and set over the said moyety of the said several Rooms, Chambers, Lodgings, and other the premises, with the appurtenances, before by these presents mentioned to be granted, bargained, sold, assigned and set over, and every part and parcel thereof, unto the said A. G. his Execu­tors, Administrators and Assigns, in manner and form aforesaid. And further, that he the said A. G. his Executors, Administrators and Assigns, and every of them, shall from time to time, and at all times hereafter during the rest and residue of the said term of, &c. years granted to the said T. R. as aforesaid, peaceably and quietly have, hold and enjoy the moyety of the said Rooms, Chambers, Lodgings, and other the premises, 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 moyety of the said yearly 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 term, without the let, suit, trouble, disturbance, interruption or eviction of them the said R. B. and P. R. or either of them, their Executors, Administra­tors and Assigns, or any of them, or of any other person or per­sons whatsoever lawfully claiming, by, from or under them, or ei­ther, or any of them; or by, from or under their, or any of their means, act, title, consent or procurement, or 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-Merchant and of the Staple-Recognizance, Judgments, Executions, Surrenders, Forfeitures, Re-entries, and of and from all other Titles, Troubles, Charges and Incumbrances whatsover, had, made, committed or done by the said P. R. and R. B. and R. R. deceased, or any of them; or to be had, made committed or done by the said P. R. and R. B. and R. R. deceased or any of them; or to be had, made, committed or done by the said P. R. and [Page 92]R. B. their Executors, &c. or any of them; or by their or any of their means, act, title, interest, default, consent or procurement. In witness, &c.

A Lease of Lands by may of Mortgage, in consideration of a sum of money.

THis Indenture made the, &c. between the Right Honourable E. Earl of B. the Lady L. his Wife, Countess of B. the Right Honourable the Lord M. Baron of R. in the County of, &c. Sir F. G. of, &c. and E. W. of, &c. on the one part, and I. W. of, &c. on the other part: Witnesseth, That in considerati­on of the sum of, Consideration. &c. to the said E. Earl of B. and the Lady L. Countess of, &c. in hand paid by the said T. W. before the ensealing and delivery of these presents, whereof they do acknowledge the receipt, and thereof, and every part and parcel thereof, do hereby clearly and absolutely acquit, exonerate and discharge the said I. W. his Heirs, Executors, Admi­nistrators and Assigns, 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 special direction and appointment of the said E. Earl of B. and the Lady L. Countess of B. Have demised, Grant. granted, bargain­ed and sold, and by these presents do demise, grant, bargain and sell unto the said I. W. his Executors, Administrators and As­signs, all those Closes or Grounds hereafter particularly named, sci­tuate, lying and being in the Hamlets, Parish or Fields of Butler 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 Cow­close, containing by estimation 100 Acres, now in the Tenure or Oc­cupation of R. I. Gent. or his Assigns, one other Close of Pasture called, &c. containing by estimation 170 Acres at least, now in the Tenure or Occupation of William Dalby, or of his Assigns, two Clo­ses of Pasture, &c. together with all and singular the wayes, passages, profits, commodities, advantages and appurtenances whatsoever, to the said several Closes or 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 parcel of them, or any of them. And the reversion and reversions, remainder and re­mainders, rents and yearly profits whatsoever, of all and singular the said closes and premises before mentioned, and of every of them, To have and to hold the said Closes, Fields, Grounds, Heredi­taments, and all and singular other the premises, with their and [Page 93]every of their appurtenances before by these presents demised, or mentioned to be hereby demised, granted, bargained or sold, and every part and parcel thereof, unto the said I. W. his Executors, Administrators and Assigns, from the, &c. day of, &c. next ensuing the date of these presents, unto the full end and term of 99 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 Heirs and Assigns, one Pepper-corn only at the, &c. if the same be demanded. Provided alwayes, and it is fully agreed between the said Parties to these presents, and every of them, That if the said E. Earl of B. the Lady I. Countess of B. W. Lord M. Sir F. G. and E. W. or any of them, their or any of their Heirs, Executors, Administrators and Assigns, or any of them, do and shall well and truly pay, or cause to be paid unto the J. W. his Executors, Administrators or Assigns, 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, and of none effect, any thing herein before contained to the contrary thereof in any wise notwithstanding. For payment of the money. And that the said E. Earl of B. the Lady L. Countess of B. W. Lord M. Sir F. G. and E. W. or some of them, their, or some of their Heirs, Executors, Administrators or Assigns, shall and will, well and truly 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 those presents. And further, That the said Close, 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 grant­ted, bargained and sold, shall be, remain and continue of the clear yearly value of, &c. over and above all Charges and Reprizes. For the quiet enjoying of the premises, 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 mentio­ned and limited for the payments thereof: That then the said J. W. his Executors, Administrators and Assigns, 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, use, occupy, possess and enjoy the said Grounds, Lands, Tene­ments, Hereditaments, and all other the premises herein before [Page 94]mentioned to be demised, granted, bargained or sold, with all and singular their and every of their appurtenances, and every part thereof, without the let, suit, trouble, denial, disturbance, expulsion or interruption of the said E. Earl of B. the Lady L. &c. W. Lord M. Sir F. G. and E. W. and of all and every other person or per­sons whatsoever, and discharged of and from all other Bargains, Sales, Gifts, Grants, Leases, Statutes, Recognizances, Extents, Judgments, and all Charges, Estates, Titles, Troubles and Incum­brances whatsoever, had, made, committed, suffered or done, or to be had, &c. by the said E. Earl of B. the Lady L. Countess of, &c. W. Lord M. Sir F. G. and E. W. or any of them, or by any other person or persons whatsoever. For further as­surance upon default. And further, that if default be made in payment of the said sum of, &c. or any part thereof, at the day, time and place aforesaid, that then the said E. Earl of B. the Lady L. Countess of B. W. Lord M. Sir F. G. and E. W. their Heirs, Executors, Administrators and Assigns, and all and every other person or persons lawfully having, claim­ing, or pretending to have or claim any manner of estate, right, title, interest, claim or demand whatsoever, of, in or to the said Closes, Grounds, Hereditaments and Premises, or any part there­of, shall and will make, do, suffer and execute, or cause and pro­cure to be done, made, suffered and executed, all and every such further lawful and reasonable act and acts, thing and things, de­vice and devices in the Law whatsoever, for the further, better and more perfect assurance, surety, sure-making and conveying of the said Closes, Grounds and Premises, with the Appurtenances, and every part thereof unto the said I. W. his Executors, Administra­tors and Assigns, during the said term of Ninety and nine years, according to the intent and meaning of these presents, as by the said I. VV. his Executors or Assigns, or by his or their Council learned in the Law, shall be reasonably devised or advised and re­quired. And the said VV. Lord M. Sir F. G. and E. VV. for themselves severally, and not joyntly, nor one of them for each other, their several Heirs, Executors, Administrators and Assigns, and for every of them respectively do covenant, promise and grant to and with the said I. W. his Executors, Administrators and As­signs, 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 I. W. his Exe­cutors, Administrators and Assigns, shall and may from time to time, and at all times during the said term of, &c. peaceably and [Page 95]quietly have, hold, possess and enjoy the said Closes, Grounds and other the premises before mentioned, to be hereby demised, granted, bargained or sold, without the lawful let, suit, trouble, denial, disturbance, expulsion, eviction or interruption of them the said W. Lord M. Sir F. G. and E. W. severally, their and eve­ry of their several and respective Heirs and Assigns, or any of them, or of any other person or persons, lawfully claiming in, by, from or 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, Judgments, 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 several Heirs, Executors, Admini­strators or Assigns, 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 several estates, act, title, means, consent or procurement. In witness whereof, the Parties first above-named, to these present Indentures, have interchangeably set their Hands and Seals. Given the day and year first above written, Anno (que) Dom. 1634.

A Covenant that after the default of payment, the possession of Lands in Mortgage shall be delivered to the Mortgagee, and also all Deeds and Writings concerning the same.

ANd the said A. B. for himself, &c. That he the said A. B. his Heirs and Assigns, 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 Heirs and Assigns, the quiet and peaceable possession and seizin of all and singular the before bargained premises. And shall then also after such default of payment within one moneth then next ensu­ing, deliver and cause to be delivered unto the said C. D. his Heirs and Assigns, as well all and singular the Letters-Patents, Deeds, Evidences, Writings, Escripts and Monuments 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 premises, or any part thereof. Together with any other Lands, Tenements or Hereditaments not before mentioned: The [Page 96]said Copies to be written at the Cost of the said D. his Heirs and Assigns.

An Assignment, with a Proviso, to have the Lease again upon payment of a sum of money.

THis Indenture made, &c. between G. B of. &c. of the one part, and W. H. of, &c. of the other part. Whereas one R. G. and his Wife, by their Deed indented, bearing date, &c. for the consideration in the said Deed indented, expressed, did de­mise, grant and to farm-let unto the said G. B. all that the moyety and half-deal of the Mannor of D. with the appurtenances, set, lying and being in, &c. and the moyety and half-deal of all their Messuages, Dove-houses, Edifices, Buildings, Lands, Tenements, Rents, Reversions, Services, Mills, Meadows, Leasows, Pastures, Woods, Under-woods, Commons, Heaths, Profits, Commodi­ties and Hereditaments to the said Mannor of, &c. belonging, set, lying and being within the Town, Fields, Parishes and Hamlets of C. N. D. within the said County of G. or accepted, reputed or taken, &c. To have and to hold, &c. with divers Covenants, Arti­cles, Agreements and Reservations in the said Indenture contained, as by the said Indenture, &c. Now this Indenture witnesseth, That the said G. B. for divers and sundry, &c. hath given, grant­ed, alienated, assigned and set over, and by these presents doth, &c. as well the said moyety, &c. as also all the Estate, Right, Title, Use, Interest, Possession, Claim and Demand whatsoever, of the said G. B. had and made, as is aforesaid, To have and to hold the said moyety and half-deal of the said Mannor of D. with the ap­purtenances, and all the Estate, Right, Title, Use, Interest, Clatm, Possession and Demand whatsoever of the said G. B. &c. Provi­ded nevertheless, and it is agreed between the said Parties to these presents, That if the said G. B. his Heirs, Executors or Assigns, or any of them, do at any time hereafter pay and deliver, or cause to be paid and delivered unto the said W. H. his Executors or As­signs, or any of them, the sum of, &c. of lawful money of England, at one entire payment, at or in the Church-Porch of the Parish-Church of C. aforesaid, within the said County of G. at or in the place where the said Parish-Church now standeth, that then and from thenceforth, as well this present Grant and Assignment, and every Clause, Article and Sentence herein contained, to be utterly void, frustrate, and of one effect: as also, that then, and from [Page 97]thenceforth, the said moyety of the said Mannor of D. and al other the premises whatsoever, with their appurtenances, and eve­ry part and parcel thereof by these presents assigned and set over unto the said W. H. shall come and be to the said G. B. his Exe­cutors and Assigns, for and during all the number of years that shall (at the time of the payment to be had and made in manner and form aforesaid) be then to come and unexpired of the said term of, &c. years granted unto the said G. B. Executors and Assigns, as is aforesaid, as though this present Indenture of assignment of the premises had not been had or made. In witness, &c.

A revoking of a pretended Contract of Matrimony.

LEt all Men know and take notice by these presents, That we F. D. of S. and J. H. of, &c. being desirous to have mat­ters cleared between us concerning such proceedings as have been about treaty of Marriage between us, and that we both, notwith­standing any pretence of Contract between us, may hereby declare and manifest to all people, that there was no absolute Contract or Engagement between us at any time for Marriage of each other, but that we are free one from the other in that kind, and may each of us freely marry with others. We do therefore freely and with­out any compulsion, declare, manifest, and make known unto all people, that we the said F. D. and J. H. were never absolutely contracted together in any Contract of Matrimony, neither did we nor any of us profess or declare, that we would marry each other; unless, &c. (our Friends, &c.) we do therefore hold our selves no wayes to be tyed or obliged each to other in any manner of Contract of Matrimony, or for Marriage each of other, and therefore we do hereby freely and absolutely release and discharge each other of and from all manner of Contracts, of or for marriage heretofore had, or pretended to be had or made between us; and we do hereby freely and fully release, acquit and discharge each other of us, and of and from all manner of Actions, Suits or Claims prosecuted, or which may be begun or prosecuted in any Court, Ecclesiastical or Civil, concerning the premises. And in testimony of our free and full consent herein, we the said F. D. and J. H. have hereunto subscribed our Names, the day of, &c.

An Assignment of Lands taken upon an Extent.

THis Indenture made the, &c. between T. H. of, &c. and W. W. of, &c. of the one Party, and J. B. of, &c. of the other Party. Whereas the said T. H. lately recovered by Judg­ment in His Majesties Court of Kings Bench, the sum of, &c. against T. C. of B. &c. and thereupon the said T. H. in Michael­mas Term last, did take and sue forth Execution by Writ of Elegit, directed to the then Sheriff of the said County of W. Whereupon by Inquisition, and by the Jurors then and there sworn, taken by the said Sheriff at the City of, &c. The day of, &c. Amongst other things it was found. That the said T. C. at the time of the said Inquisition, was possessed for and during the term of, &c. years then to come, of and in one Messuage or Tenement, and divers parcels of Land, Meadow and Pasture, to the said Messuage or Tenement belonging or appertaining in C. in the said Parish of, &c. as his proper Goods; Which said term and interest of the said T. C. of or in the said Messuage or Tenement, the Jury at the time of the said Inquisition, did apprize and value at, &c. pounds, which said term of years the said Sheriff the day of the same Inquisition, did deliver to the said T. H. at the price and apprizance aforesaid; To hold unto the said T. H. and his Assigns, as his proper Goods and Chattels; according to the form of the Statute in that behalf made: and as parcel of the same debt and damages of the said T. H. recorded, as aforesaid; And the said Jurors also found, That the said T. C, was at the time of the said Inquisition seized in his Demeasn as of Fee, of and in one Messuage, and divers parcels of Land, Meadow and Pasture to the said Tenement belonging or appertaining, lying and being in B. &c. found by particular names and quantities, and then valued by the said Jurors to be worth, &c. yearly; the moyety of which said Messuages and Premises in B. by particular names and quan­tities, the said Sheriff did then also deliver unto the said T. H. at the rate and apprizement aforesaid: To hold to the said T.H. and his Assigns, as his Free-hold, according to the form of the Statute made on that behalf, until the residue of the said Debt of, &c. should be thereby fully levied, as by the said Inquisition more particularly and at large it doth and may appear. Which said debt so recovered by the said T.H. and the said Execution thereupon, was nevertheless in trust [...] the said W. W. party to these presents, [Page 99]and was the proper money of the said W. W. assigned to him the said T. H. as part of the, Marriage-portion of, &c. Now wit­nesseth these presents, That the said W. W. and T. H. as well for and in consideration of the sum of, &c. paid unto the said W. W. as also for divers good Causes and Considerations them thereunto moving, have granted, assigned and set over, and by these presents do grant, assign and set over unto the said J. B. all that the said Messuage or Tenement, Lands and Premises in C. aforesaid; and all the Estate, Interest, Title and Term of Years yet to come, which the said VV. and T. H. hath, or either of them hath or have, or might have, of, in or unto the said Messuage, Tenement, Lands and Premises, and every or any part thereof, by the said Extent or Inquisition aforesaid, or otherwise. And also all that the moyety or half-deal, or part of the said Messuage or Tenement, Lands and Premises in B. aforesaid, and all the Estate and Interest which he the said W. W. and T. or either of them, have, hath or might claim, of, in, or unto the said Messuage, Lands and Premises in B. or any part or parcel thereof, in as large, ample, and benefi­cial manner, to all intents and purposes, as the said W. W. or T. H. or either of them, have, hath or might hold, claim or enjoy the same, &c. And the said W. W. and T. H. do severally, and not joyntly, each one for himself, his Executors and Administrators, covenant, promise and agree to and with the said I. B. his Execu­tors, &c. that he the said I. B. his, &c. shall and may from hence­forth quietly hold, occupy and enjoy all and singular the premises, and every part thereof, free from any former Grants, Charges, Assignment and Incumbrances of the premises, or any part there­of, made by the said W. &c. or any claiming from, &c. And the said I. B. doth likewise by these presents for himself, his Executors, &c. covenant, promise and agree to and with the said VV. &c. That he the said I. B. his Executors, &c. shall and will save, de­fend and keep harmless the said VV. VV. and T. H. their Execu­tors, &c. of and from all manner of Suits, Troubles, Charges, Expences and Sums of Money, which the said VV. &c. shall be from henceforth at, put unto, sustain, disburse or undergo, for or by reason of the said extent, or any matter or thing therein contained, or that might come to happen to the said VV. &c. for or by reason of the Estate which they or either of them had by extent aforesaid, or any the premises hereby assigned, or by any occasion or reason rising or growing therefrom or by occasion thereof. In witness, &c.

A Charter party for a Ships Voyage.

THis Charter party indented, made the, &c. in the, &c. be­tween L. K. Master of a Ship or Bark called The Flower-de­luce of P. in the County of D. of the Burthen of one hundred Tuns, or thereabouts, of the one part, and C. W. and B. S. Mer­chants, of, &c. Witnesseth, That the said Master hath demised, granted, and to fraight-letten, and by these presents doth demise, grant, and to fraight-let unto the said Merchants, their Factors and Assigns, all that the said Ship or Bark, with her Tackling, appurte­nances, and her apparel thereunto belonging or appertaining, for and during one whole Voyage with the same Ship to be done and made in manner and form following (that is to say) the said Master covenanteth, granteth and agreeth, to and with the said Merchants, and every of them, That the said Ship or Bark, named The Flower­de luce, now being pressed and ready within the Port of the said Town of S. shall with the first good Wind and apt Weather (as God shall send) next after the date hereof, make Sail and Sails from thence directly towards and unto the Key of the City of Roan, under the Dominion of the French King, and there to tarry and abide by the space of, &c. dayes current, during the which space the said Master covenanteth there to receive into the said Ship, Ware, and other Merchandize, such as it shall then best please the said Merchants, their Factors or Assigns, there to load to a compleat and full loading of the said Ship. And the said Mer­chants, and every of them, covenant to and with the said Master, to load, or cause to be loaden there, within the said space, Wares and such other Merchandizes, as it shall then best please the said Merchants, or their Factors, for their most profit, to the compleat and full loading of the Ship, as is aforesaid. And moreover the said Master covenanteth, concordeth, bargaineth and agreeth to and with the said Merchants, and every of them, that the said Ship with her said loading laden in her within the said place, shall with the first good Wind and Weather (as God shall send) next after the said, &c. dayes be come and past, make Sail and Sails from thence directly towards and unto the said Port of the said Town of S. where the said Ship shall with convenient speed, after her there arrival, be discharged of her said lading of Wares and other Mer­chandize laden in her, as aforesaid: and the same out of the said Ship there so discharged, shall be delivered unto the said Mer­chants, [Page 101]or the Owners thereof, as safely and well-conditioned, (God sending the said Ship in safety.) And the said Merchants and every of them, covenant to and with the said Master, then and there to receive the said loading laden in her, as aforesaid: and at the right discharge thereof, to pay, or cause to be paid to the said Master, or his Assigns, the sum of, &c. and also to pay during the said Voyage, Windage, Groundage, Pilotage and Loadmanage, and all other Arrerages, as in English Ships are accustomed. And the said Master covenanteth, that the said Ship is, and during the said Voyage shall be stiffe, strong and stanch, well and sufficiently victualled, rigged and apparelled, with sufficient Mariners for the safe conducting of the said Ship, and keeping of the Merchants Goods during the said Voyage. In witness, &c.

A Mortgage of Lands upon Money, &c.

THis Indenture made the, &c. between T. A. of, &c. of the one part, and T. M. Vintner and Citizen of London, of the other part; Witnesseth, That the said T. A. for and in considera­tion of the sum of, &c. of lawful money of England, in hand paid unto him the said T. A. by the said T. M. at and before the enseal­ing and delivery of these presents; the receipt whereof the said T. A. doth hereby acknowledge, and thereof and of every part thereof doth hereby also clearly acquit and discharge the said T. M. his Heirs and Assigns; and for divers other good Causes and Consi­derations him the said T. A. thereunto moving, Hath demised, granted, bargained, and to farm-letten, and by these presents doth, &c. unto the said T. M. his Executors, Administrators and Assigns, all those three several Pastures of Grounds, lying in S. within the parts of Holland, in the County of L. containing by estimation, &c. be they more or less, now or late in the Tenure or Occupation of one I. B. his Assignee or Assignees, To have and to hold the said three Pastures, and every part and parcel thereof, with their and every of their appurtenances, unto him the said T. M. his Executors and As­signs, from the Feast of, &c. now next ensuing the date of these presents, for, during, and until the full end and term of 99 years, from thence next ensuing, and fully to be computed, compleat and ended. Yielding and paying therefore yearly, during the said term, unto the said T. A. his Heirs, Executors, Administrators or Assigns, one Pepper-corn, if it be lawfully demanded, at, or on the Feast-day of St. Michael the Archangel. And it is hereby concluded and [Page 102]agreed by and between the said Parties to these presents, and the said T. A. doth for himself, and A. his wife, their Heirs, Executors, &c. covenant, promise and agree, to and with the said T. M. his Executors, Administrators and Assigns, that it shall and may be lawful to and for the said T. M. his Executors, Administrators and Assigns, quietly and peaceably to have, hold, occupy, possess and enjoy all and singular the said three Pastures, or Grounds and Pre­mises, with their and every of their appurtenances, from time to time, and at all times hereafter during the said term; without the lawful let and interruption of him the said T. A. and A. his wife, their and either of their Heirs, Executors or Assigns, or of any other person or persons whatsoever, lawfully claiming from, by, or under them, or either of them; And also freed and discharged of, and from all and all manner of former Bargains, Sales, Gifts, Grants, Judgments, Executions, and other Charges of Incum­brances whatsoever had, made, done or suffered by them, or either of them: Provided alwayes, and it is nevertheless agreed and concluded by and between the said Parties to these presents, and it is the true intent and meaning thereof, That if the said T. A. his Executors, Administrators; &c. or either of them, shall well & truly pay, or cause to be paid unto the said T. M. his Executors, Ad­ministrators and Assigns, the full and entire sum of, &c. of lawful money of England, on the day of, &c. next ensuing the date of these presents, at or in, &c. That then this present Indenture, De­mise and Grant, and every Clause and Article therein contained shall cease, determine, be void, and of none effect; any thing in these presents contained to the contrary thereof in any wife not­withstanding. In witness, &c.

An Indenture of Bargain and Sale of a Mannor, with necessary Covenants.

THis Indenture made the, &c. between J. W. of, &c. on the one part, and R. D. of, &c. and B. his wife on the other part, Witnesseth, &c. Hath granted, aliened, bargained and sold, and by these presents doth grant, allen, bargain and sell unto the said R. D. and B. his wife, their Heirs and Assigns, all that the Mannor of, &c. with the appurtenances in the County of Essex: And all the 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 [Page 103]of W. E. or his Assigns. Together with all and singular the 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, occupied or known, as any part, parcel or mem­ber thereof. And all other his Messuages, Lands, Tenements and Hereditaments whatsoever, lying and being in the Parish of, &c. or in any of them in the said County in E. 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, Use, Possession, Claim and Demand whatsoever, which he the said J. W. now hath, may, might, should, or in any wise ought to have, of, in and to all and singular the said bargained premises, or any part thereof; Together with all and singular Evidences, Deeds, Escripts, Charters, Writings, Court-Rolls, Books of Survey, and Monuments whatsoever con­cerning the same, as be now in the Hands, Custody and Possession of the said I. W. or in the Hands, Custody and Possession of any other person or persons whatsoever, to his use, by his delivery, or which he may lawfully get or come by without suit in Law. And the said J. 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 unto the said R. D. and B. or either of them, their or either of their Heirs or Assigns, at or before the Feast-day of St. Michael the Arch­angel, next ensuing the date of these presents, true Copies of all such Evidences and Writings as concern the said Lands, together with any other Lands of the said J. W. to be written at the Costs and Charges of the said R. and B. or either of them, their Heirs or Assigns. Habend. To have and to hold all and singu­lar their said Mannor of H. Lands, Tenements, and all other the aforesaid premises, and all and singular their appurte­nances, before in and by these presents bargained and sold, and every part and parcel thereof, unto the said R. D. and B. his wife, their Heirs and Assigns for ever. And the said J W. for himself, his Heirs, That he is sei­sed in Fee, and hath power to grant. Executors and Administra­tors, doth covenant and grant to and with the said R. D. and B. his wife, their Heirs and Assigns, by these presents, in manner and form following: (that is to say) That he the said J. W. at the time [Page 104]of the ensealing and delivery of these presents, is, and standeth law­fully and sufficiently seised of such a good, perfect, lawful and ab­solute, and indefeazible estate of Inheritance in Fee-simple or Fee-tail, and no Reversion or Remainder thereof in the Kings Majesty, and to his and their own 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 Mannor, Lands, Tenements and Hereditaments, and all other the aforesaid premi­ses, before in and by these presents mentioned or intended to be granted, aliened, bargained and sold, as he the said J. W. can and may lawfully and sufficiently grant, convey and assure all and sin­gular the said Mannor of H. Lands, Tenements and Heredita­ments, and all other the aforesaid premises, with all and singular the appurtenances, unto the said R. B. his Heirs and Assigns for ever, according to the true intent and meaning of these presents. That the premi­ses are discharged of Incumbrances. And also the said J W. for himself, &c. doth covenant to and with the said R. D. and B. his wife, and either of them, their and ei­ther of their Heirs and Assigns by these presents, That all and singular the said Mannor of H. Lands, Tenements, and all other the foresaid premises, with the appurtenances, before in and by these presents granted, aliened, bargained and sold, and every part and parcel thereof, at the time of ensealing and delivery of these presents, are and be, and at all times hereafter shall be, re­main and continue clearly acquitted, exonerated and discharged; or otherwise upon request sufficiently saved and kept harmless, of and from all and all manner of former Bargains, Sales, Gifts, Grants, Leases, Rents, Charges and Arrerages of Rents, Duties, Titles, Troubles and Incumbrances whatsoever, had, made, com­mitted, suffered or done, or to be had, made, &c. by the said J. W. his Heirs or Assigns, or by any other person or persons whatsoever, by his or their means, acts, titles, consents and pro­curements; except our Lease, &c. And also that they the said R. D. and B. his wife, and either of them, their and either of their Heirs and Assigns, and every of them, shall and may at all times hereafter, and from time to time for ever, according to the true intent and meaning of these presents, peaceably, lawfully and quietly have, hold, use, occupy, possess and enjoy all and sin­gular the said Mannor of A. Lands, Tenements, and all other 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 [Page 105]any manner of lawful let, suit, trouble, eviction or disturbance of the said J. W. or his Assigns, or of any other person or persons whatsoever, claiming or lawfully having, or which shall hereaf­ter have any manner of Estate, Right, Title, Charge or Interest, of, in or to the said Mannor, and all other the premises, or of, in or to any part or parcel thereof, by, from, or under the said J. W. his Heirs or Assigns (all such persons as do claim by force of the Lease before excepted onely excepted.) And furthermore, that the said Mannor of H. and all other the aforesaid premises, or any part or parcel thereof, are not holden of his Majesty in Capite, whereby any Licence of Alienation shall be needful to be had or sued forth, for the bargaining, sale, conveying and assuring of the said Mannor, and other the premises, unto the said R. D. and B. their Heirs and Assigns; Nor that the said R. D. his Heirs or Assigns, shall at any time or times hereafter be Ward or Wards unto our said Soveraign Lord the Kings Majesty, his Heirs and Successors, for or in respect of the said Mannor of, &c. and all other the premises, or any part or parcel thereof. And also the said J. W. for himself, his Heirs, Covenant for further assu­rance. Exe­cutors and Administrators, doth Covenant, &c. That the said J. W. and M. now his wife, and the Heirs and Assigns of the said L. and all and every other person and persons whatsoever, now having, or lawfully claiming, or which shall hereafter rightfully claim any manner of Estate, Right, Title or Interest, of, in and to the said Mannor, and all other the said premises, or any part or parcel thereof, by, from or under the said J. W. his Heirs and Assigns, except such person or persons as shall claim by force of Lease before excepted, shall and will at all times hereafter, for and during the term of three years next ensuing the day of the date of these presents, do make, acknowledge, execute and suffer, or cause to be made, done, ac­knowledged, executed and suffered all and every such further law­ful act and acts, thing and things, device and devices, conveyan­ces and assurances in the Law whatsoever, with warranty against him the said J. W. and his Heirs, for the further and more assu­rance and sure-making of the said Mannors, Lands, Tenements, and of all and singular other the premises, with the appurtenances, and every part and parcel hereof, to be had and made sure unto the said R. D. and B. their Heirs and Assigns for ever absolutely, without any manner of Condition, or other Li­mitation; be it Fine or Fines, with Proclamation, with War­ranty against him the said J. W. his Heirs and Assigns, recovery [Page 106]with double and single Voucher or Vouchee, Deed or Deeds en­rolled, the Enrolment of this present Feoffment, with warranty against him the said J. W. his Heirs or Assigns, release with con­firmation with the like warranty, or without warranty, or by any, or as many of the devices, wayes and means aforesaid, as by the said R. D. and B. or either of them, their Heirs or Assigns, or by their or any of their Council learned in the Law, shall be reason­ably devised, or advised and required, at the onely Costs and Charges of the said R. D. and B. their Heirs and Assigns, so that the said I. nor M. his wife, be not compelled to travell from his or their Homes, or usual places of abode, further than the Cities of London and Westminster, If the Buyer be lawfully evicted within 12 years, the Seller's to pay 51. an Acre. about the same assurances. And moreover the said J. W. for himself, his Heirs, 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 Heirs and Assigns of either and every of them by these presents, in manner and form follow­ing: (that is to say) That if it shall happen at any time within twelve years next after the date hereof, the said R. D. and B. and either of them, their or either of their Heirs or Assigns, to be law­fully evicted of, or from the said Mannor, or any of the Lands, Tenements, and other the aforesaid premises, without any fraud or covin of the said R. D. and B. or either of them, their Heirs or Assigns, by reason of any Right, Title, Estate of Interest to be had or made by R. W. the Grand-father, or I. W. 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 said Mannor, or of any other the pre­miles, or any part or parcel thereof, upon reasonable request to be made at or in the, &c. well and truly pay, or cause to be paid unto the said R. D. and B. their Heirs and Assigns, for every Acre five pound, and so after that rate, and rate-like, and that without fraud, covin, or further delay. In witness, &c.

An Indenture to lead the use of a Fine.

THis Indenture made the, &c. between F. G. of, &c. of the one part, and R. VV. of, &c. of the other part: VVhere­as it is condescended unto, and agreed between the said F. G. his Heirs, &c. and the said R. VV. his Heirs, &c. that the said F. G. his Heirs, shall from time to time, during two years, next ensuing the date of these Indentures, do cause, suffer and make such assu­rance of his Mannors of M. and S. in the County of D. and the Advowson of the Church of A. and of all his Lands, Tenements, Rents, Reversions, Services and Hereditaments whatsoever in M. and D. in the County of D. in such manner and form as by the said R. VV. his Heirs and Assigns, or his or their Council learned in the Law, shall be reasonably devised, advised or requi­red, at the Costs and Charges of the said R. VV. Now wit­nesseth this Indenture, That the said R. VV. hath devised, that the said F. G. at the term of Saint Hillary next ensuing the date above-written, shall levy and acknowledge one Fine, &c. of the said Mannors, Lands, Tenements, Advowsons, and all other the premises, to the said R. VV. and his Heirs, in due form of Law: which Fine so to be had, levied and executed, touching and con­cerning the said Mannor of M. &c. and all the Lands, Tenements, Meadows, Leasows, Pastures and Hereditaments, with the appur­tenances, to the said Mannor of M. &c. belonging, to the said F. G. for himself and his Heirs, doth covenant and grant to and with the said R. VV. by these presents, shall stand and be to the use of the said F. G. during his life, without impeachment of waste; and after his Decease, to the use of the said R. VV. and D. his wife, and of the Heirs of the said R. on the body of the said D. lawfully begotten; and for default of such Issue, to the right Heirs of the said R. VV. for ever. And which Fine to be levied and executed, touching and concerning all the residue of the pre­mises, the said F. G. for him and his Heirs, doth covenant and grant to and with R. VV. by these presents, that the said Fine shall stand, and be to the use of the said F. G. and I. now his wife, and the Heirs 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. VV. and D. and of the Heirs of the Body of the said R. and D. between them lawfully begotten; and for default of such Issue, then to the right Heirs of the said R. VV. for ever. In witness, &c.

An Indenture of Demise of divers Lands, &c. in consideration of a sum of Money, paying a Pepper-corn yearly.

THis Indenture made the third day of May, 1649. &c. be­tween Sir T. B. of D. in the County of, &c. Knight and Baronet, and M. H. of D. aforesaid, Gentleman, Servant to the faid Sir T. B. of the one part, and Sir W. T. of C. in the County of N. Knight, of the other part, Witnesseth, That the said Sir T. B. and M. H. as well for and in consideration of the sum of, &c. of lawful money of England to them in hand paid, before the ensealing and delivery hereof, by the said Sir W. T. whereof and wherewith the said Sir T. B. doth acknowledge himself satisfied, contented and paid, and thereof, and of every part and parcel thereof, doth acquir and discharge the said Sir W. T. his Heirs, Executors and Administrators, and every of them, by these pre­sents, as also for divers other good Causes and Considerations them hereunto moving; Have demised, granted, and to farm-let­ten, and by these presents do demise, grant, and to farm-let unto the said Sir W. T. his Executors, Administrators and Assigns, all those several Closes or parcels of Land, Meadow, Pasture and Arable, called or known by their several Names following, (That is to say) one Close or parcel of Ground called D. containing by estimation, &c. Acres, be the same more or less; and one other Close or parcel of Land called E. containing by estimation, &c. Acres, be the same more or less; And one Close or parcel of L. and called C. containing by estimation, &c. Acres, be the same more or less, &c. All and singular which said Closes and parcels of Lands, are scituate, lying and being within the Fields, Parishes, Precincts and Territories of H. alias H. in the County of L. and are part and parcel, or reputed and taken to be part or parcel of the Mannor of H. alias H. aforesaid: And also all & singular Messuages, Tenements, Buildings, Orchards, Gardens, Commons, Common of Pasture, Waters, Fishings, Woods, Underwoods, Trees, Bushes, Fences, Free-boards, Wayes, Easements, and all other Rights, Jurisdictions, Priviledges, Franchises, Liberties, Profits, Conditi­ons, Emoluments and Hereditaments whatsoever, growing, arising, being, coming or issuing in, upon or out of the premises, and every part and parcel thereof, or to the same, or any part thereof belong­ing or appertaining. To have and to hold all and singular the said Closes and parcels of Land, and all and singular the premises, and [Page 109]every part and parcel thereof, with their and every of their Rights, Members and Appurtenances, unto the said Sir W. T. his Execu­tors, Administrators and Assigns, from the first day of May last past, before the date hereof, unto the full end and term of One thousand years from thence next immediately ensuing, and fully to be compleat and ended: Yielding and paying therefore yearly, during the said term, unto the said Sir T. B. his Heirs or Assigns, one Pepper-corn at the Feast of Saint Michael the Arch-angel only, if the same be lawfully demanded. And the said Sir T. B. and M. H. for them, their Heirs and Assigns, do joyntly and severally covenant, grant and agree to and with the said Sir W. T. his Exe­cutors, Administrators and Assigns, and every of them by these presents, That the said Sir W. T. his Executors, Administrators and Assigns, shall and may lawfully, peaceably and quietly have, hold, occupy, possess and enjoy all and singular the premises before by these presents demised, and every part and parcel thereof, with their and every of their rights, members and appurtenances, with­out the lawful let, suit, trouble, eviction, expulsion, interruption or demand of, or by the said Sir T. B. and M. H. or the Heirs or Assigns of either of them, or of, or by any other person or persons, lawfully claiming from, by or under them, or any of them, or their, or any of their uses; or by, from or under their, or any of their title, estate, means or procurement; as also acquit­ted and discharged, or within convenient time after reasonable re­quest thereof to be made, well and sufficiently saved, and kept harm­less of and from all, and all manner of former or other Bargains, Sales, Estates, former Leases, Titles, Dowers, Rights, Titles of Dowers, Joyntures, Uses, Entails, Wills, Rent-Charges, Rent-Services, Arrerages of Rents, Statutes, Recognizances, Judgments, Executions, Titles, Troubles, Charges and Demands whatsoever, had, made, done, committed, or willingly and wittingly suffered by the said Sir T. B. and M. H. their Heirs or Assigns, or any of them, or of, or by any other person or persons whatsoever, law­fully claiming by, from or under them, or any of them, or to their, or any of their uses, or by their, or any of their titles, estates, means or procurement. In witness whereof, the Parties first above-named to these present Indentures, have interchangeably set their hands and seals the day and year first above written.

An Indenture of re-demise of the former demised premises to the same Parties, reserving the Rent of 250 l. with a Proviso, that the same shall cease upon the payment of the sum of Money in the former De­mise specified.

THis Indenture made the, &c. day of, &c. between Sir VV. T. of G. in the County of N. Knight, of the one part, and Sir T. B. of D. in the County of N. Knight and Baronet, and M. H. of D. aforesaid, in the said County of N. Gentleman, Servant of the said Sir T. B. of the other part; VVitnesseth, That the said Sir VV. T. as well for and in consideration of the yearly Rent here­under reserved, well and truly to be contented and paid in manner and form hereunder expressed; As also for divers other good Con­fiderations him at this present thereunto especially moving, Hath demised, granted, and to farm-letten, and by these presents doth demise, grant, and to farm-let unto the said Sir T. B. and M. H. and the Executors, Administrators and Assigns, of the said Sir T. B. all those several Closes, or parcels of Lands, Meadows, Pastures and Arable, called or known by the several Names following (That is to say) one Close or parcel of Ground called D. contain­ing by estimation, &c. Acres, be the same more or less (and so go on, as in the demise.) All and singular which said Closes and parcels of Lands, are scituate, lying and being, within the Fields, Patishes, Precincts and Territories of H. alias H. in the County of L. and are part and parcel, or reputed and taken to be part and parcel of the Mannor of H. alias H. aforesaid; And also all and singular Messuages, Tenements, Buildings, Orchards, Gardens, Commons, Common of Pasture, VVaters, Fishings, VVoods, Under-woods, Trees, Bushes, Fences, Free-boards, VVayes, Easements, and all other Rights, Jurisdictions, Priviledges, Fran­chizes, Liberties, Profits, Commodities, Emoluments and Here­ditaments whatsoever, growing, being, arising, coming or issuing, in, upon, or out of the premises, and every part and parcel thereof, or to the same, or any part thereof belonging, To have and to hold all and singular the said Closes and parcels of Land, and all and singular the premises, and every part and parcel thereof, with their and every of their Rights, Members and Appurtenances, unto the said Sir T. B. and M. H. and the Executors, Administrators and Assigns, of the said Sir T. B. from the first of May last past, before the date hereof, unto the full end and term of Nine hundred ninety [Page 111]and nine years, from thence next and immediately ensuing, and fully to be compleat and ended. Yielding and paying therefore yearly, during the said term, unto the said Sir VV. T. his Execu­tors, Administrators and Assigns, at or in the South-porch of the Parish-Church of D. aforesaid, the sum of Two hundred and fifty pounds of current English Money, at two usual Feasts or Terms of the year; that is to say, at the Feast of Philip and Jacob and All-Saints, by even and equal portions. And if it shall happen the said yearly Rent of, &c. or any part or parcel thereof, to be behind and unpaid, after either of the aforesaid Feast-dayes of payment, in which the same ought to be paid, by the space of fifteen dayes, that then, and from thenceforth, it shall and may be lawful to and for the said VV. T. his Executors, Administrators and Assigns, and every of them, in all and singular the said Closes and parcels of Land, and all and singular the premises, and every part and parcel thereof, with their and every of their appurtenances, wholly to re-enter, re-possess, re-enjoy, have again and detain, as in his and their former Estate, this Indenture, or any, thing therein con­tained to the contrary thereof in any wise notwithstand­ing. Provided alwayes, and it is covenanted, Proviso. conde­scended unto, concluded and agreed, by and betwixt all the Parties in these presents, That if the said Sir T. B. his Execu­tors, Administrators and Assigns, upon half a years warning there­of, by writing under his or their Hands before-hand to be given by the said Sir T. B. his Executors, Administrators or Assigns, unto the said Sir VV. T. his Executors, Administrators or Assigns, shall and will, at or on the first day of May, or the Feast of All-Saints, during the said term in and hereby demised, at or in the place aforesaid, pay, or cause to be paid unto the said Sir VV. T. his Executors, Administrators or Assigns, at one whole and entire payment, the sum of Five hundred pounds of current English Money, over and besides the said Rent above reserved, at such day or dayes as before in these presents are limited and appointed, to and for the payment of the said Rent before reserved: that then from and after such payment or payments of every of the said sum or sums of five hundred pounds, as aforesaid, endorsed upon both parts of these Indentures, and subscribed by the said Sir VV. T. his executors, administrators or assigns, for every five hundred pounds, that shall be paid as aforesaid, the full and entire sum of fifty pounds of the said two hundred and fisty pounds Rent, re­served, as aforesaid, shall cease and be determined; the said reser­vation, or any thing in these Indentures contained to the contrary [Page 112]thereof in any wise notwithstanding. And the said Sir W. T. for him, his Executors, Administrators and Assigns, doth covenant, grant and agree, to and with the said Sir T. B. and M. H. their Executors, Administrators or Assigns, and to and with every of them, by these presents, that he the said Sir W. T. his Executors, Administrators or Assigns, shall and will within six moneths next after the payment of the sum of two thousand five hundred pounds, by such payment or payments of five hundred pounds, as afore­said, deliver, or cause to be delivered up unto the said Sir T.B. and the said M. H. their Executors, Administrators or Assigns, or one of them, one Indenture of Demise made from the said Sir T. B. and M. H. unto the said Sir W. T. of all and singular the premises herein before demised, as aforesaid, bearing date the third day of May, in the year of, &c. In witness whereof, the Parties above mentioned, &c.

A Lease of a House in London.

THis Indenture made the, &c. between R. R. Citizen, and, &c. on the one part, and N. D. Citizen, and, &c. on the other part, Witnesseth, That the said R. R. for divers good Causes and valuable Considerations him hereunto especially moving, hath demised, granted, betaken and to farm-letten, and by these presents doth demise, grant, betake and to farm-let unto the said N. D. all that the Messuage or Tenement, with the appurtenances, lying and being in or near Fleet-street in the Parish of St. Dunstans in the West, London, between the Messuage or Tenement there called the F. now in the Occupation of P. G. Merchant-Taylor, or his Assignees, 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, Cellars, Sollers, Chambers, Rooms, Wayes, Entries, Yards, Backsides, Houses, Buildings, Gut­ters, Water-courses, Easements, Profits, Commodities and Appurte­nances whatsoever to the said Messuage or Tenement belonging, or in any wise appertaining; and also all manner of Wainscot, Glass-windows, Doors and Locks, in and upon the same Messu­age or Tenement, and other the premises before mentioned, to be demised belonging, which said Messuage, and all and singular other the demised premises, are now in the Tenure or Occupation [Page 113]of the said N. D. To have and to hold the said Messuage, Tene­ment, Shops, Cellars, Sollers, &c. and all other the aforesaid pre­mises, with all and singular their appurtenances, before, in and by these presents demised, and every part and parcel thereof unto the said N. D. his Executors, Administrators and Assigns, from the Feast-day of, &c. unto the full end and term of, &c. years, from thence next ensuing, and fully to be compleat and ended: Yield­ing and paying therefore yearly, during the said term, unto the said R. R. his Heirs and Assigns, the sum of, &c. at four of the most usual Feasts or Terms of payment in the year (that is to say) at the Feast of, &c. by even and equal portions; And if it shall happen the said yearly Rent of, &c. to be behind or unpaid, in part or in all, by the space of, &c. next over or after any of the said Feasts or Dayes of payment, 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 lawful to and for the said R. R. his Heirs and Assigns, and every of them, into the said Messuage or Tenement, and all other the aforesaid premises, with all and singular their appurtenances before by these presents demised, or mentioned to be demised, and into every part and parcel thereof wholly to re-enter, and the same to have again, retain, enjoy and re-possess, as in his and their first and former Estate or Estates; and the said N. D. his Executors, Administrators and Assigns, and all other the Occupiers and Possessors thereof, there­out and from thence utterly to expel, put out and amove, any thing herein before specified to the contrary in any wise notwithstanding. A Covenant to lay out the Jum of, &c. on repair and new building the premises within three years. And the said N. D. for himself, his Executors, Administrators and As­signs, and for every of them, doth covenant, pro­mise and grant, to and with the said R. R. his Executors, Administrators and Assigns, and to and with every of them, by these presents, in manner and form following, (viz.) after the date. That he the said N. D. his Executors, Administrators or Assigns, or some of them, at his or their own 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 and about the new building, repairing or bettering in the premises, hereby demised, the value or sum of, &c. of lawful Money of England, at the least; And also shall and will at his and their like cost and charges, well and sufficiently repair, uphold, sustain and keep, maintain and amend the said Messuage or Tenement, and [Page 114]new building to be erected, and all and singular other the premises, with the appurtenances, and every part and parcel thereof, in, by and with all and all manner of needful 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, Privies, Sedges and Widdraughts to the said Messuage or Tenement belonging, shall cause to be payed, purged, scowred, emptied and made clean, as often, and when as need shall be and require, during the said term of, &c. by these presents granted: and the same premises so well and sufficiently repaired, supported, maintained, purged, paved, scowred, emptied, made clean and amended, together with the Locks, Keys, Bolts, Staples, Latches, Hooks, Hinges, Windows, Doors, and Glass of the same premises, so well and sufficiently made, glazed and amended, in the end of the said term of, &c. or other sooner expiration or determination of this present Lease, shall leave and yield up unto the said R. R. his Heirs and Assigns. And also that it shall and may be lawful to and for the said R. R. his Heirs, Executors, Administrators and Assigns, and every of them, four times, or oftner in the year, yearly during the said term, to enter and come into, and upon the said Messuage or Tenements, and all other the premises, with the appurtenances, and into every part and parcel thereof, there to view, search and see what defaults, for want of reparations, shall be found defective, and necessary to be done, in and about the demised premises, or any part thereof, and of all such defaults for want of reparation 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 Assigns, for the repairing and amending thereof. And further, that the said N. D. his Executors, Administrators or Assigns, or some of them, shall and will within one moneth next ensuing every such admoni­tion or warning, left or given, as aforesaid, well and sufficiently repair and amend the same, and shall also discharge and pay all Church-duties, Scavengers-wages, Watchings, Wardings, and all other Taxes, Impositions, Duties and Charges which shall or may at any time or times hereafter, during the said term, be charged or imposed upon him the said N. D. his Executors, Administra­tors or Assigns, for or by reason of the premises hereby demised, or any part thereof. And lastly, the said R. R. for himself, his Executors, &c. that he the said N. D. his Executors, Administra­tors and Assigns, and every of them, for, by, and under the pay­ment of the yearly Rent aforesaid, above, in and by these presents [Page 115]reserved, and under the Covenants, Grants, Articles and Agree­ments, in these presents contained, shall and may, for and during all the said term of, &c. by these presents granted, lawfully, peace­ably and quietly have, hold, use, occupy, possess and enjoy the said Messuage or Tenement, and all and singular other the premises, with the appurtenances, by these presents demised, or mentioned to be demised, and every part and parcel thereof, without any manner of lawful let, suit, trouble, disturbance or eviction of the said R. R. his Heirs or Assigns, or of any other person or persons whatsoever, by or through his means, assent, consent, right, title or procurement. In witness whereof, &c.

A Defeizance upon a Bond sued to a Judgment.

THis Indenture made the, &c. between W. R. of, &c. on the one part, and J. P. and G. A. of, &c. on the other part; Wit­nesseth, That whereas the said J. 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, &c. with condition 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 Obligation named, nor at any time before or sithence: By means whereof the said Obligation became forfeited; and whereas the said W. R. hath brought several Actions of Debt in the Kings Majesties Court of Common-Pleas at Westminster upon the said Obligation against the said J. P. and G. A. upon which said Actions, several Judg­ments are had and obtained in the said Court: yet nevertheless the said W. R. is contented and pleased, and doth covenant, that nei­ther he the said W. R. his Executors, Administrators or Assigns, or any of them, shall at any time before, Not to take out executi­on until, &c. &c. take out any Execution or Executions upon the said Judgments, or either of them. And further the said W. R. doth, &c. that if the said J. P. and A. G. or either of them, &c. do pay, &c. That then he the said W. R. his Executors or Administrators, shall upon re­quest made, To acknowledge satisfaction on pa [...]ment of the, &c. and at the Charges of the said J. P. and G. A. &c. acknowledge satisfaction upon Re­cord of and for the said several Judgments: And shall also deliver unto them the said, &c. the said [Page 116]Obligation to be cancelled: And the said J. P. and G. A. to be thereof, and of the said several Judgments discharged. In witness, &c.

An Indenture of Partition, where one had a greater share than the other, for which a sum was paid, &c.

THis Indenture made, &c. between J. H. &c. on the one part, and J. M. &c. on the other part, Witnesseth, That the said J. H. and J. M. are and do now stand seized in their De­measn, as of Fee in Common and undivided of and in one Messu­age or Tenement, and one Yard-land thereunto belonging, now or late in the Tenure of, &c. scituate, &c. It is (now to the end a perpetual portion and division 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 he the said J. M. his Heirs and Assigns shall from henceforth have, hold, and peaceably enjoy in severalty to him and to his Heirs for ever, to his and their own proper use and behoof, the one moyety or half-part of the said Messuage or Tenement, and one Yard-land with the appur­tenances, that is to say, &c. And that he the said J. H. nor his Heirs, shall from henceforth claim or demand any Right, Title, Use or Possession in or to the same, or any part thereof, but that the said J. H. and his Heirs and Assigns, shall at all time and times hereafter, from all Actions, Rights, 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 Assigns, shall from thenceforth have, hold, and peace­ably enjoy in severalty to him the said J. H. his Heirs and Assigns for ever, to his and their own proper use and behoof, the other moyety or half-part of the said Messuage, &c. and that he the said J. M. nor his Heirs, shall not from henceforth claim, &c. (ut supra) and in consideration of the said portions, and forasmuch as the part and portion by these presents, allotted and assigned to the said J. H. and his Heirs, were at the ensealing hereof, of more and greater value than the said part or portion before allotted and as­signed to the said J. M. and his Heirs, he the said J. H. hath at the ensealing and delivery of these presents well and truly paid to the said J. M. the sum of, &c. the receipt whereof the said J M. doth [Page 117]hereby acknowledge, and thereof and of every part thereof doth acquit, exonerate, and for ever discharge the said J. H. &c. by these presents. In witness whereof, &c.

A Grant of Rent reserved by Lease.

THis Indenture made the, &c. between W. B. of, &c. and A. P. of, &c. Witnesseth, That whereas the said W. B. by his In­denture of Lease bearing date the, &c. (reciting the Lease) as in and by the same recited Indenture of Lease, &c. Now this Inder­ture further witnesseth, That the said W. B. for and in conside­ration of a certain competent sum of, &c. Hath demised, granted, bargained, and to farm-letten, and by these presents doth demise, grant, and to farm-let unto the said A. B. the reversion and r [...] ­mainder 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 coun­ter-part of the same Indenture of Lease, under the Hand and Seal of the said, &c. To have, hold, possess and enjoy the said Rever­sion and Rent of, &c. and every part thereof, unto the said A. B. his Executors, Administrators and Assigns, from the day of the date of these presents forwards, for and during all the residue of the aforesaid term of, &c. yet to come and unexpired; Yielding and paying therefore yearly during the said term, unto the said W. B. his Executors or Assigns, at the Feasts of, &c. only one Pepper-corn, if the same shall be lawfully demanded. And the said W. B. for himself, &c. that he the said W. B. at the time of the ensealing and delivery of these presents, is the true, perfect, and lawful 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 sull Power, good Right, true Title, and lawful Authority, to demise and grant the said reversion and rent of, &c. unto the said A. B. his Executors, Administrators and Assigns, for and during all the rest and residue of the said term of, &c. in manner and form aforesaid, according to the true intent and meaning of these presents. And further, that the said W. B. his Heirs, Executors, Administrators and Assigns, and every of them from time to time, and at all times hereafter, during the said term, shall and will clearly exonerate, acquit, discharge, save and keep harmless as well the said A. B. his Executors, Administrators and Assigns, [Page 118]as the said demised Reversion and Rent, of and from all former and other Bargains, Sales, Gifts, Grants, Leases, Forfeitures, Titles, Claims, Demands and Incumbrances whatsoever. And more­over, the said W. B. for himself, &c. That the said yearly Rent of, &c. shall continue, remain, and be from henceforth during the rest and residue of the said term yet to come and unexpired, before mentioned, due and payable unto the said A. B. his Executors, Ad­ministrators and Assigns, according to the said Indenture of Lease, and the tenor, effect, and true meaning of these presents. In wit­ness, &c.

Note, that the Tenant must Attorn. or nothing passeth, &c.

An Annuity or yearly Rent-Charge.

THis Indenture made, &c. between A. B of, &c. Gentleman, on the one part, and C. D. of, &c. on the other part; Wit­nesseth, That the said A. B. for and in consideration of the sum of, &c. to him in hand paid, before the ensealing and delivery hereof by the said C. D. the Receipt whereof he the said A. B. doth ac­knowledge, and thereof, and of every part and parcel thereof doth acquit, exonerate, and for ever discharge the said C. D. his Execu­tors, &c. by these presents hath given, granted and confirmed, and by these presents doth give, grant and confirm unto the said C. D. one annuity or yearly rent-charge of, &c. to be had, taken, per­ceived and received, and to be issuing and going out, of, and in all and singular the Messuages, Lands, Tenements and Hereditaments whatsoever of the said A. B. as well in, &c. as elsewhere within the Realm of England, to be paid at four Feasts or Terms in the year, that is to say, at the, &c. by even and equal portions; the first payment thereof to be made and begin on the, &c. To have, hold, receive, perceive, take and enjoy the said Annuity or yearly Rent­charge of, &c. unto the said C. D. his Executors, Administrators or Assigns, to be paid at the four Feasts aforesaid, in form before declared, from the day of the date of these presents, unto the full end and term of, &c. And if it shall happen the said Annuity or yearly Rent of, &c. to be behind and unpaid in part or in all after any of the said Feast dayes or Terms of payment thereof as afore­said, in which it is appointed to be paid, That then and so often as the same, or any part thereof, shall so be behind and unpaid, the [Page 119]said A. B. granteth and agreeth for himself, his Heirs, Executors, Administrators and Assigns, to and with, &c. that it shall and may be lawful to and for the said C. D. his Executors, Administrators and Assigns, and every or any of them, into all and singular the said Messuages, Lands, Tenements and Hereditaments, of the said A. B. as well in, &c. aforesaid, as elsewhere within the Realm of England, to enter and distrain, both for the Annuity aforesaid and the Arrerages thereof (if any be) and the Distress and Distresses there from time to time found and taken, to bear, lead, drive, take and carry away, and the same to with-hold, detain, keep and im­pound, until the same Annuity or yearly Rent-charge of, &c. and the arrerages thereof (if any such shall be) the said C. D. his, &c. be fully satisfied, contented and paid. And the said A. B. hath put the aforesaid C. D. in full possession of the said Annuity or yearly Rent-charge of, &c. in form as aforesaid (to be had, received and taken) by the delivery and payment of the sum of, &c. which the said A. B. hath at the ensealing and delivery of these presents given and delivered unto the said C. D. in name of possession of the said Annuity; and the said A. B. for himself, &c. that the said A. B. his, &c. shall and will from time to time, and at all times during the said term of, &c. well and truly pay, or cause to be paid to the said C. L. his, &c. or some of them, the said annuity or yearly rent of, &c. in manner and form aforesaid, and according to the true intent and meaning of these presents. In witness whereof, &c.

An Indenture of Apprentiship.

THis Indenture witnesseth, That E. B. Son of J. B. late of, &c. of his free and voluntary will hath put himself Appren­tice to R. W. C. and, &c. the Science or Trade which he now useth to be taught, and with him after the manner of an Appren­tice to dwell and serve from the Feast of, &c. unto the full end and term of, &c. from thence next ensuing, and, &c. By all which term of, &c. the said Apprentice, the said E. B. well and truly shall serve, his Secrets shall keep close, his Commandements lawful and honest every where, he shall gladly do; hurt to his said Master he shall not do, or suffer to be done, to the value of twelve pence or more by the year, but shall let if he may, or else immediately admonist his said Master thereof; the Goods of his said Master he shall no inordinately waste; nor them to any body [Page 120]lend. At Dice, or at any other unlawful Game he shall not play, whereby his Master may incur any hurt; Fornication in the house of his said Master, or elsewhere, he shall not commit; Matrimony he shall not Contract: Taverns he shall not frequent, with his own proper Goods, or any others, during the said term, without the special licence of his Master, he shall not Merchandize from the Service of his said Master day nor night, he shall not absent or prolong himself, but in all things as a good and saithful Apprentice, shall bear and behave himself towards his said Master and Mistress, and all his, during the term aforesaid. And the said R. B. to his said Apprentice, the Science or Art which he now useth, shall teach and inform, or cause to be taught and informed the best way that he may or can: and also shall find to his said Apprentice Ap­parel, Meat, Drink and Bedding, and all other Necessaries meet and convenient for an Apprentice, for and during the term afore­said. In witness, &c.

A Bargain and Sale of a Mannor.

THis Indenture made, &c. between J. H. of &c. and R. B. of; &c. Esquires, on the one part, and W. of, &c. on the other part, Witnesseth, That whereas T. H. of, &c. Father of the said I H. by his Writing or Deed indented, bearing date the, &c. in the Sixteenth year of, &c. for the considerations therein expressed, did demise, grant, and to farm-let unto the said I. H. his said Son, &c. all those Three-yard-lands, with the appurtenances in W. aforesaid, being, or being accounted to be the ancient Demeasn Lands of the Mannor of W. heretofore purchased by the said T. H. of R. S Esq and also all that his yard or half of Land being in W. aforesaid, then lately purchased of one H. H. with all Hades, Leyes-Banks, Let-grass, Commons, Profits, Wayes, Easements, Commodities and Appurtenances, &c. thereunto belonging: and all that Dove-house, Close and new Orchards in W. aforesaid, to the said, &c. belonging or appertaining, or therewith used, occu­pied or enjoyed, as in, &c. except, &c. To have and to hold the said Three-yard-lands, Close, Orchard, and all other the premises (except before excepted) unto the said I. H. his Executors and Assigns, for and during and unto the full end and term, &c. from thenceforth next and immediately ensuing, if the said T. H. and his Assigns so long live, for and under the, &c. payable, as by the said Deed or Writing indented, relation being thereunto had, more [Page 121]at large it will and may appear. And whereas further, the said T. H. by one other Writing or Deed indented, bearing date, &c. for and in consideration of the natural love and fatherly affection that he the said T. H. did bear to the said J. H. and to the Children of the said J. H. being his Grand-children, and for the setling of the Mannors, Lands, Tenements and Hereditaments (in the said Deed indented expressed) in his Name and Blood, did, in and by the said last mentioned Deed indented, covenant and grant for himself and his Heirs, to and with the said J. H. and his Heirs, that the said T. H. and his Heirs, should and would immediately from thenceforth stand and be seized of and in all that the Mannor or reputed Mannor of W. in the County of O. and of and in all that the Capital Messuage of W. in the County of O. wherein the said T. H. then dwelt; with all and singular their and every of their Rights, Rents, Quit-rents, Members and Appurtenances whatsoever; And of and in all those Three-yard-lands, called or known by the name of the Ancient-Demeasn-Lands of the said Mannor, and of and in all that yard and half of Land lying in W. aforesaid, which the said T. A. had lately purchased, as aforesaid, is expressed: And of and in all and singular Messuages, Lands, Te­nements and Hereditaments of the said T.H. in W. aforesaid, (the advowson of the C. of W. aforesaid excepted) to the use and behoof of the said T. H. for and during his natural life, without impeach­ment of or for any manner of waste: and after his decease to the use and behoof of the said J. H. and his heirs for ever, as by the said last mentioned Indenture acknowledged and enrolled in his Maje­sties High and Honourable Court of Chancery more at large it will and may appear. By force and vertue of which said recited In­denture of Lease, he the said J. H. is in and upon the said premises entred, and was and is by force of the said recited Indenture, and by force of the Statute made the, &c. in the, &c. for the transferring of uses into possession, as well of the said term of three-score years, as of the said remainder expectant, after the death of the said T. H. possessed and seized. And he the said J. H. being so of the said pre­mises possessed and seized, did afterwards by his Indenture bearing date, &c. and enrolled in the high Court of Chancery, for the con­sideration therein expressed, give, grant, bargain, sell, assign, set over and confirm unto the said R. B. his Executors, &c. all & singular the before mentioned premises, with the appurtenances, and every part and parcel thereof, as in and by the said last mentioned Indenture, whereunto relation being had, more fully and at larg [...] it doth and may appear. Which said Bargain and Sale was and is [Page 122]upon condition, that if the said J H. &c. should or did pay, &c. on the, &c. at or in the, &c. unto the said R. B. his, &c. That then the said Indenture of Bargain and Sale to be void, as in and by one Indenture made between the said J. H. on the one part, and the said R. B. on the other part, bearing date, &c. to which refe­rence being had, more at large it doth and may appear. Now this Indenture further witnesseth, That the said J. H. and R. B. for and in consideration of the sum of, &c. to them by the said W. P. be­fore the ensealing and delivery of these presents, well and truly in hand paid, whereof and wherewith the said J. H. and R. B. do acknowledge themselves to be fully satisfied, contented and paid, and thereof, and of every part and parcel thereof, &c. have grant­ed, bargained, sold, assigned, set over and confirmed, and by these presents do fully, clearly and absolutely grant, bargain, sell, assign, set over and confirm unto the said W. P. his, &c. not onely the said recited Indenture of Lease, and all their estate, right, title, in­terest and term of years therein yet to come and unexpired; but also all the said Mannor of W. and Capital Messnage in the said County of O. with the appurtenances; Together with the said Three-yard Land, called by the name of the ancient Demeasn Lands of the said Mannor: And also all that yard and half of Land in W. aforesaid, which the said T. H. purchased of the said H.H. as aforesaid; And also all and singular Out-houses, Barns, Stables, Dove-houses, Yards, Orchards, Gardens, Lands, Meadows, Pastures, Feedings, Commons, Common of Pasture, Woods, Under-woods, Water, Water-courses, Fishings, Wayes, Easements, Profits, Commodities and Hereditaments whatsoever, to the said Mannor of W. and other the premises aforesaid, or to any part or parcel thereof belonging, or in any wise appertaining, or there­withall now used, occupied or enjoyed, as part, parcel or member thereof, and all the Lands, Tenements and Hereditaments whatso­ever, to the said J. H. belonging, lying and being in W. aforesaid, and the said remainder expectant upon the death of the said T. H. and all and every other Reversion and Reversions, Remainder and Remainders of the said bargained premises, and of every part and parcel thereof, and the Rent and Rents, and yearly Profits whatsoever, reserved upon whatsoever, Demise, Lease, Estate or Grant, Demises, Leases, Estates or Grants heretofore made of the before bargained premises, or any part or parcel thereof; Toge­ther with all Evidences, Charters, Escripts, Monuments and Writ­ings to [...]ching or concerning the premises, which he the said J. H. hath or may come by, without Suit in Law, To have and to hold the [Page 123]said Mannor of W. Lands, Tenements, and all and singular other the premises above-mentioned to be hereby bargained and sold, with the appurtenances, and every part and parcel thereof, and all the estate, right, title, interest, term and terms of years, Reversion, Remainder, Claim and Demand whatsoever, of the said J. H. and R. B. and of either of them, or of any other person or persons whatsoever, in and to the same, unto the said W. P. his Heirs, Executors, Administrators and Assigns, to the sole and proper use and behoof of the said W. P. his Heirs, &c. for ever. And the said J. H. and R. B. for themselves severally and respectively, and for their several and respective Heirs, &c. all and singular the before bargained premises, with the appurtenances, and every part and parcel thereof, unto the said W. P. his Heirs, Executors, Ad­ministrators and Assigns, to the use and behoof aforesaid, shall and will warrant, and for ever defend by these presents. In wit­ness, &c.

An Indenture of Defeizance for the making void of all former Statutes, payment of a sum of, &c. and performance of Covenants, &c.

THis Indenture made the, &c. between A. B. of, &c. on the one part, and E. A. of, &c. on the other part; witnesseth, That whereas the said E. A. 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. taken, sealed, acknowledged and entred into before Sir T. R. Lord Chief-Justice of England, is and standeth 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 appear. It is now nevertheless 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 hereunto is, and the said A. B. is contented and pleased, That if the said E. A. his Heirs, Executors and Assigns, do or shall, at or before the, &c. discharge and clearly 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 onely ex­cepted.) And thereof bring, deliver and leave Certificates under the hands of the Clerks of the several Offices, or their Deputies in [Page 124]that behalf, at or in the, &c. to and for the said A. B. his Execu­tors or Assigns, at or before the, &c. day of, &c. next ensuing; And also if the said E. A. his Heirs, Executors, Administrators or Assigns, or any of them, do well and truly pay, or cause to be paid, unto the said A. B. his Heirs or Assigns, or to some or one of them, the full sum of, at or in, &c. in manner and form following (that is to say) the sum of, &c. on the, &c. and the sum of, &c. on the, &c. in full satisfaction and payment of the sum of, &c. And also if the said E. A. his Heirs, Executors and Assigns, do 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 behalfs are, or ought to be observed, performed, fulfilled, accomplished and kept, comprized and specified in one pair of Indentures, bearing date, &c. made between the said E. A. of the one part, and the said A. B. on the other part, according to the true intent and meaning of the said Indentures: that then the said Recognizance or Writing Obligatory above recited or men­tioned, shall be utterly void and of none effect, otherwise the same shall stand and abide in full force, &c.

A Release of Lands upon performance of Articles.

TO all Christian people, &c. I E. J. of, &c. send greeting in our Lord God everlasting. Know ye, That I the said E. J. as well in consideration of the full performance of certain cove­nants and agreements mentioned and expressed in one pair of In­dentures bearing date, &c. last past, &c. made between me the said E. J. on the one part, and Sir H. W. &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 Heirs and Assigns, and every of us, freely, clearly and absolutely re­mise, release, and for ever quit-claim unto the said Sir H. W. his Heirs and Assigns for ever, in his and their full and peaceable pos­session, seizin and being all the Estate, Right, Title, Interest, Pos­session, Reversion, Claim and Demand whatsoever which I the E. I. now have, may, might or ought to have, or which I or my Heirs at any time hereafter shall or may have, might or ought to have, or claim of, in or to all those the Rectories of B. &c. 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 Sir H. W. his Heirs and Assigns, [Page 125]to his and their own proper use and behoof 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 heirs, the said Rectories, and all and singular other the premises above mentioned, and with their appur­tenances, unto the said Sir H. W. his Heirs and Assigns, to the uses and behoofs aforesaid, against me the said E. I. and my heirs, and against my Father I. I. and W. E. my Uncle, their and either of their Heirs and Assigns, or any other person or persons whatsoever claim­ing by, from or under me, them or any of them, shall and will war­rant, and for ever defend by these presents. In witness, &c.

A Conveyance in Fee-simple of a House and Land, &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, where of and wherewith he the said G. C. doth acknow­ledge himself, &c. hath granted, aliened, bargained, sold and con­firmed, and by these presents doth fully, clearly and absolutely grant, alien, bargain, sell and confirm unto the said H. H. and S. his wife, all that Messuage or Tenement, scituate or being in T. in the County of S. now in the Tenure or Occupation of the said G. C. or of his Assignee or Assignees, and three acres of Land, or thereabouts, lying on the Backside of the said house, be it more or less, and all Barns, Stables, Orchards, 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 Assignees, with all Commons, and Common of Pasture whatsoever to the same belonging; and also of those two Cottages or Tenements in T. aforesaid, stand­ing together, adjoyning to the said Messuage or Tenement, and one parcel of Ground adjoyning to the said Cottages, which said Cottages and parcel of Ground last mentioned, do [Page 126]contain by estimation, on the side towards the Kings High-street, Twenty yards of Ground, or thereabours, and on that side to­wards the Garden, now or late of the said G. C. thirteen yards of Ground, or thereabouts, and now are in the several Tenures and Occupation of M. J. and F. L. and the Reversion and Reversions, Remainder and Remainders, Rents and yearly Profits whatsoever, of all and singular the said premises, to every part and parcel there­of, together with all and singular Deeds, Evidences and Writings touching or concerning onely the premises, or any part thereof; To have and to hold the said Messuage or Tenement, and the said three Acres of Land, and the said two Cottages or Tenements, and the said parcel of Land 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 thereby 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 Assigns of the said H. H. to the onely proper use and behoof of the said H. H. and S. his wife, and the Heirs and Assigns of the said H. H. for ever, and the said G. C. for himself, &c. that he the said H. H. for and notwithstanding any act done by him the said G. C. to the contrary, at the time of the ensealing and deli­very of these presents, is and standeth lawfully and rightfully seized in his Demeasn as of Fee-simple, in his own Right, and to his own right Use, without any condition, limitation, or other use or or trust, to alter, change or determine the same Estate, of and in the said Messuages, Lands, Tenements, Cottages and Premises before mentioned, to be hereby granted, bargained and sold, and of and in every part and parcel thereof, and that 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 to the said H. H. and S. according to the intent and true meaning of these presents, shall have full Power, just Right, and lawful Au­thority to grant, bargain and sell the same, and every part and par­cel thereof with the appurtenances, unto the said H. H. and S. and the Heirs and Assigns of the said H. H. in manner and form as is before in these presents expressed, and that the same Messuages or Tenements, Lands, Cottages and Premises, and every part and parcel thereof, with the appurtenances, shall from henceforth for ever remain and continue unto the said H. H. and S. his wife, and to the Heirs and Assigns of the said H. H. freely and clearly acquit [...]ed, exonerated and discharged of and from all and all manner of former Bargains, Sales, Gif [...] Grants, Dowers, Joyn­tures, [Page 127]Leases, Rents, Charges, Rent-seck, Arterages of Rents, An­nuities, Uses, Entails, Statutes-Merchant, and of the Staple, Judg­ments, Forfeitures, Executions, Intrusions and Incumbrances whatsoever, and of and from all other Charges, Titles, Troubles and Incumbrances whatsoever, had, made, committed, or witting­ly or willingly suffered or done by the said G. C. 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 Rent and Services from henceforth to grow due to the chief Lord or Lords of the Fee or Fees of the premises, for and in respect of his or their Seigniory or Seigniories onely ex­cepted and foreprized.) And further, that he the said G. C. and his Heirs and Assigns, shall and will at all time and times here­after within the space of five years next ensuing the date of these presents, upon the reasonable request, and at the Costs and Charges in the Law of the said H. H. and S. his wife, or of the Heirs and Assigns of the said H. H. make, suffer, do, knowledge and execute, or cause to be made, done, knowledged, suffered and executed, all and every such further lawful and reasonable act and acts, thing and things, device and devices, conveyances and assurances in the Law whatsoever, for the further, more perfect, and better assu­ring and sure-making of the premises before mentioned, to be hereby bargain'd and sold, and of every part and parcel thereof, unto the said H. H. and S. his wife, and to the Heirs and Assigns of the said H. H. for ever. Be it by Fine or Fines, Feoffment or Feoffments, Recovery or Recoveries, with single or double Voucher or Vouchers, Deed or Deeds, inrolled or not inrolled, the entolment of these presents, release, confirmation with warran­ty of the said G. C. and his Heirs, onely against him the said G. C. and his Heirs, or otherwise without warranty, or by all, every or any of the said wayes or means, or by any other wayes or means, which by the said H. H. &c. or his or their Council learned in the Law shall be reasonably devised, advised or required, so as the same do not contain or extend unto any further warranty, than against him the said G. C. his Executors or Assigns, or against any further act or acts, than as aforesaid; and so as neither he nor they that make such further assurance, be compelled or com­pellable to travell further than the Cities of London and Westmin­ster, for the doing, making or executing of such further assurances and conveyances, as aforesaid. And lastly, it is agreed by and be­tween the said Parties to these presents, That all and every the said assurances and conveyances so as aforesaid, hereafter to be had [Page 128]of the premises, shall be and shall be esteemed and taken to be to the onely use of them the said H. H. and S. his wife, and of the Heirs and Assigns of the said H. H. for ever, and to no other use, intent and purpose whatsoever; any thing in these presents con­tained to the contrary thereof in any wise notwithstanding. In witness whereof, &c.

A Joynture to the Wife made before Marriage.

THis Indenture made, &c. between I. C. the younger of, &c. on the first part, and I. C. the elder, &c. on the second part, and R. W. of, &c. on the third part, Witnesseth, That the said I. C. the younger, for and in consideration of a Marriage (by Gods Grace) intended, and shortly to be had and solemnized be­tween the said I. C. the younger, and A. the Daughter of T. C. of, &c. And that the said A. may be provided of a sufficient Joyn­ture, in case she shall survive the said I. C. the younger, and for divers other good Causes and Considerations him the said I. C. the younger hereunto especially moving, Doth for himself, his Heirs, Executors and Administrators, covenant, promise and grant, to and with the said I. C. the elder, and R. W. their Executors, &c. and to and with every of them by these presents, that he the said I. C. the younger, shall and will, before the end of Easter Term now next, &c before the Justices (of our Soveraign Lord the King) of his Majesties Court of Common-Pleas at Westminster, or some other person or persons thereunto lawfully and sufficiently authorized, acknowledge and levy one Fine, ( Sur conusence de droit come ceo que ills ont de son done) with proclamation thereupon to be made, according to the common course of Fines in that behalf made and provided, unto the said I. C. the elder, and R. W. and their heirs, or the heirs of one of them, of, in and upon all that Messu­age or Tenement wherein T. B. Vintner now dwelleth, and where­of he the said I. C. the younger is seized in his Demeasn as of Fee in his own proper right, commonly called or known by the, &c. scituate, &c and of all the Shops, Cellars, Sollers, Cham­bers, Rooms, Easements, Commodities and Appurtenances to the said Messuage or Tenement belonging, or to or with the same used, occupied or enjoyed, or reputed, or taken, as part, parcel or member of the same, or as belonging thereunto, by such name or names, and in such manner of form as by the said I C. the elder, and R. W. or their Council learned in the Law shall be [Page 129]reasonably devised and advised, or required, at the onely proper Costs and Charges in the Law of the said J. C. the younger, the true intent and meaning of which said Fine so to be levied and exe­cuted of the said premises, between the said Parties is to be, and so shall be construed, intended and adjudged to be to the Use and Behoof of the said J. C. the younger, during his natural life, without impeachment of or for any manner of waste, and after his decease, to the use and behoof of the said A. &c. for and during the term of her natural life, without any impeachment, &c. and after her decease to the use and behoof of the Heirs of the Body of the said J. C. the younger, on the Body of the said A. lawfully to be begotten, and for default of such Issue, to the right Heirs of the said A. for ever. Provided alwayes, that if the said Marriage shall not take effect, nor be had or solemnized between the said J. C. the younger. and the said A. T. before the, &c. next ensuing, &c. That then the said Fine so to be made, levied and acknowledged of the said Messuage and Premises aforesaid, shall be, and shall be taken, deemed, adjudged and construed to be to the use of the said J. C. the younger, and to his Heirs and As­signs for ever, any thing herein contained to the contrary, &c. In witness, &c.

A Lease to try a Title.

THis Indenture made, &c. between T. A. and R. M. &c. of the one part, and W. M. of, &c. on the other part, witnesseth, That the said T. A. and R. M. for divers good Causes and Con­siderations, &c. have demised, granted, &c. and by these presents do, &c. unto the said W. M. all that their Scite of, &c. and all Houses, Edifices, Buildings, Barns, Stables, Orchards, Gardens, Easements and Commodities thereunto belonging or appertain­ing, To have and to hold the said, &c. and all other the demised premises with the appurtenances, and every part and parcel there­of, unto the said W. M. his, &c. from, &c. unto the end and term of, &c. from thence next, &c. Yielding, &c. unto the said, &c. their, &c. one P. &c. if it be demanded. In witness, &c.

A Bargain and Sale of a House in London.

THis Indenture made, &c. between R. B. of E. in the County of N. Esq of the one part, and J. H. of L. Esq of the other part, witnesseth, That the said R. B. for and in consideration of the sum of, &c. of lawful, &c. to him in hand paid before the ensealing and delivery of these presents, by the said J. H. whereof the said R. B. doth acknowledge the Receipt, and thereof and of every part and parcel thereof, doth clearly acquit and discharge the said I. H. his Heirs and Assigns, and every of them for ever by these presents, hath given, granted, bargained, sold, aliened, in­feoffed and confirmed, and by these presents doth fully, clearly and absolutely, give, grant, bargain, sell, alien, infeoss and confirm unto the said I. H. his Heirs and Assigns for ever; All that Messuage or Tenement, with the appurtenances, commonly called or known by the name of, &c. now or late in the Tenure or Occupation of one W. S. &c. or of his Assignee or Assignees, scituate, lying and be­ing in, &c. together with all and singular Shops, Cellars, Sollers, Chambers, Rooms, Entries, Wayes, Passages, Yards, Back-sides, Lights, Water-courses, Easements, Profits, Commodities and Hereditaments whatsoever, to the said Messuage or Tenement now or at any time heretofore belonging or appertaining, or there­with now or heretofore demised, used, occupied or enjoyed, or accepted, reputed or taken as part, parcel or member thereof, or of any part thereof: And the reversion and reversions, remainder and remainders of all and singular the premises, and of every part and parcel thereof: And the Rents and yearly Profits of all and singular the premises, and of every part and parcel thereof: And also all and singular Deeds, Evidences, Charters, Letters Patents, Exemplifications of Records, Counter-parts of Leases, Writings, Escripts and Monuments touching and concerning the before bar­gained premises, and every part and parcel thereof. To have and to hold the said Messuage or Tenement, Shops, Cellars, Sollers, Chambers, and all and singular other the premises, with their and every of their apputtenances, before by these presents bargained and sold, or meant, mentioned or intended to be hereby granted, bargained and sold, and every part and parcel thereof, unto the said I. H. his Heirs and Assigns, to the onely use and behoof of him the said I. H. his Heirs and Assigns for ever. And the [Page 131]said R. B. for himself, his Heirs, Executors and Administrators, and for every of them, doth covenant, That he is seized in Fee-simple, and hath power to sell. pro­mise and grant to and with the said I. H. his Heirs, Executors, Administrators and Assigns, and to and with every of them by these presents, in manner and form following (that is to say) that he the said R. B. at the time of the ensealing hereof is, and un­til the first execution of an Estate to the said I. H. his Heirs and Assigns, by force of these presents, shall stand and be lawfully seized to him, his Heirs and Assigns, of and in the before bargained premises, and of and in every part and parcel thereof, of a good, sure, lawful, absolute and indefeazible Estate of Inheritance in Fee-simple, without any conditions, limitation, use, or other thing to determine, alter or change the same. And also that he the said R. B. now hath full Power, good Right, lawful Authority, and true Title to grant, alien, bargain, sell and confirm the before bar­gained premises, and every part and parcel thereof, unto the said I. H. his Heirs or Assigns, in manner and form aforesaid, and according to the true intent and meaning of these presents; And the said R. B. for himself, That the premises are discharged from Incumbrances. his Heirs, Executors and Administrators, and for every of them, doth further covenant, promise and grant to and with the said I. H. his Heirs, Executors and Assigns, by these presents, that the said Messuage or Tenement, Shops, Cellars, Sollers, &c. and all other the pre­mises above by these presents mentioned to be granted and sold, and every part and parcel thereof, on the day of the date hereof, and from time to time, and at all times hereafter for ever, shall be, remain and continue to the said I. H. his Heirs and Assigns, to the only proper use and behoof of him the said I. H. his Heirs and Assigns for ever, free and clear, and freely and clearly acquitted, exonerated and discharged, or otherwise by the said R. B. his Heirs or Assigns, sufficiently saved and kept harmless of and from all and all manner of former Bargains, Sales, Joyntures, Dowers, Leases, Annuities, Rent-charge, Rent-seck, Arrerages of Rents, Statutes-Merchant, and of the Staple, Recognizances, Judgments, Executions, Intrusions, Issues, Fines, Amerciaments, and of and from all other Charges, Titles. Troubles and Incumbrances what­soever, had, made, committed, suffered or done by the said R. B. his Heirs and Assigns, one Lease heretofore made by T. P. of, &c. unto the before-named W. S. of the said Messuage or Tenement and Premises, for the term of, &c. whereupon the yearly Rent of, [Page 132]&c. is reserved: which said yearly Rent from henceforth during the residue of the said Term, shall be due, payable and paid to the said J. H. his Heirs and Assigns (onely excepted and foreprized) and also that he the said J. H. his Heirs and Assigns, For quiet enjoying. shall and may from henceforth for ever peaceably and quietly have, hold, use, occupy, possess and enjoy the said Messuage or Tenement, Shops, Cellars, Sol­lers, and other the premises above by these presents mentioned to be bargained and sold, and every part and parcel thereof, and the Rents, Issues and Profits thereof, shall and may receive and take, without the let, interruption or contradiction of the said R. B. his Heirs or Assigns, or of any other person or persons, claiming from, by or under him, them, or any of them, or by his or their means, right, title, consent, privity or procurement. And fur­ther, For further assurance. the said R. B. doth covenant, promise and grant, for him, his Heirs, Executors and Admini­strators, to and with the said J. N. his Heirs and As­signs, and to and with every of them by these pre­sents, That he the said R. B. and his Heirs, and all and every other person or persons, having and claiming, or which shall or may have, claim or pretend to have any manner of Estate, Right, Title or Interest, into, or out of the before bargained premises, or any part or parcel thereof, by, from, or under the said R. B. shall and will from time to time, and at all times hereafter during the time and space of, &c. next ensuing the date of these pre­sents, upon every reasonable request, and at the Costs and Charges in the Law of the said J. H. his Heirs or Assigns, do, make, ac­knowledge, execute and suffer, or cause to be made, done, ac­knowledged, executed and suffered all and every such further act and acts, thing and things, assurances and conveyances in the Law whatsoever, for the further, more better and perfect assurance, surety and sure-making of the said Messuage or Tenement, Shops, Cellars, Sollers, and all other the premises, with the appurtenances above by these presents mentioned to be bargained and sold unto the said J. H. his Heirs and Assigns for ever: be it by Fine or Fines, with Proclamation, Recovery or Recoveries, with double or single Voucher or Vouchers, Deed or Deeds, inrolled or not inrolled, the inrolment or acknowledgment of these presents, re­lease, confirmation with warranty against the said R. B. and his heirs, or without warranty, or by all or any, or as many of the wayes means and devices aforesaid, or by any other wayes or means whatsoever, as by the said J. H. his Heirs or Assigns, or by [Page 133]his or their Council learned in the Law shall be reasonably devised or advised, and required. And also it is agreed by and between the said Parties to these presents, that all and every the said Con­veyances and Assurances so, as aforesaid, hereafter to be had, made, levied or executed of the before bargained premises, and every or any part or parcel thereof, shall be and inure, and shall be esteemed, adjudged and taken to be and inure to the only use and behoof of him the said J. H. his Heirs and Assigns for ever, and to no other use, intent or purpose whatsoever; any thing in these presents con­tained to the contrary thereof, in any wise notwithstanding. In witness, &c.

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 J. H. of, &c. of the other part; Wit­nesseth, That it is covenanted, granted, concluded and agreed by and between the said Parties to these presents; and the said E. C. doth covenant and grant to and with the said W. O. and J. H. that he the said E. C. shall and will permit and suffer the said W. O. and J. H. to purchase and sue forth out of the High-Court of Chancery one or more Writ or Writs of Entry sur discesin en le post, returnable before the Justices of the Common-Pleas at West­minster, at some certain day of Return in Easter-Term next com­ing, by which Writ or Writs the said W. O. and J. H. shall de­mand against the said E. C. all that Messuage, Tenement or Farm, with the appurtenances, scituate, &c. which late were in the pos­session of, &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 Premises, 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 the said W. O and J. H. or the survivor of them, or the Council learned of them, shall be devised or advised; to which Writ the said E. C. shall ap­pear personally, or by Attorney, in the said Court of Common-Pleas, & enter into the said warranty and imparl, and vouch the warranty the Common vouchee, who shall after depart in contempt of the Court; so as a good & perfect recovery shall and may be had in due [Page 134]form and order of Law, of the said Messuages, Lands, &c. and all other the premises, with the appurtenances, according to the usual course of common Recoveries for assurance of Lands and Tenements in the said Court of Common-Pleas; and that a Writ of Habere fac' seisinam shall be thereupon awarded, executed and returned accordingly. And it is further condescended unto, 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 premises, 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 be and enure, and shall be construed, adjudged and taken to be and enure to the onely use and behoof of the said W. O. his, &c. for ever. And the said W. O. and J. H. and the survivor of them, and the heirs of the survivor of them, shall ever from thenceforth stand and be seized thereof, and of every part thereof, to the on­ly use and behoof of the said W. O. his heirs and assigns for ever, and to no other use, intent or purpose whatsoever. In witness, &c.

An Assignment of a Lease.

THis Indenture made, &c. between P. S. of, &c. and M. his Wife, and Executrix of the last Will and Testament of I. C. late of, &c. deceased, on the one part, and W. W. of, &c. Yeo­man, on the other part, witnesseth, That whereas T. M. of, &c. in and by one Indenture of Lease bearing date, &c. for the consi­deration therein mentioned, did demise, grant, and to farm-let unto the said I. C. (reciting the Grant) as in and by the said recited Indenture of Lease amongst divers other Covenants, Grants, Arti­cles and Agreements therein contained, more fully and at large it doth and may appear. Now this Indenture witnesseth, That the said P. S. and M. his wife, as well for and in consideration of the sum of, &c. to them in hand paid, before the ensealing and deli­very of these presents, by the said W. W. whereof they do ac­knowledge the Receipt; and thereof, and of every part and parcel [Page 135]thereof, do acquit, exonerate, and for ever discharge the said W. W. his, &c. by these presents, hath given, granted, bargained, sold, assigned and set over, and by these presents do give, grant, &c. unto the said W. W. his, &c. all that parcel of Ground or Gar­den-Plat, with the appurtenances, before mentioned, and all Houses, Edifices, Buildings, &c. and all the Estate, Right, Title, Interest, Possession, Term of Years to come, Claim and Demand whatsoever, which they the said P. S. and M. his wife, or either of them now have or hath, may, might, should, or in any wise ought to have or claim, of, in or to the said parcel of Ground and Garden­plat, and other the premises, with the appurtenances, and every or any part or parcel thereof, by force and vertue of the said Inden­ture of Lease. To have and to hold Habend. the said parcels of Ground or Garden-plat, and all Houses, Edifices and Buildings thereupon, or upon any part or parcel thereof, now standing or being; And also all the said recited Indenture of Lease, and all the Estate, Right, Title, Interest, Term of Years; and all and singular other the premises, with the appurtenances, in and before by these presents bargained, sold, assigned and set over, or mentio­ned, or intended to be hereby given, granted, bargained, sold, as­signed and set over, and every part and parcel thereof, unto the said W. W. his Executors, Administrators and Assigns, to his and their own proper use and behoof, during the residue of the said term, in and by the said Indenture of Lease granted, and therein now to come and unexpired, in as large, ample and beneficial man­ner, to all intents, constructions and purposes, as they the said P. S. and M. his wife, or either of them, now have or hath, may, might, should, or in any wise ought to have and enjoy the same, by force and vertue of the said recited Indenture of Lease, or other­wise howsoever; and the said P. S. and M. his wife, for themselves, their Executors, &c. and for either of them, and either of their, &c. doth convenant, &c. that the said recited Indenture of Lease, &c. at the time of the ensealing and delivery of these presents, is a good, sure, perfect and indefeizable Lease in the Law, of and for the said parcel of Ground or Garden-plat, and premises hereby demised, and so shall stand, remain, continue and be unto the said W. W. his Executors, &c. to his and their own proper use and behoof, for and during all the term of years thereby granted, and yet to come and unexpired, under the Rents and Covenants there­in mentioned or contained. And also that the said W. his, &c. and every of them, under the Rents, Covenants, Articles and Agree­ments in the said recited Indenture of Lease contained, shall or [Page 136]may for and during all the rest and residue yet to come and unex­pited of the said term in the said recited Indenture of Lease con­tained, lawfully, peaceably and quietly have, hold, use, occupy, possess and enjoy the said parcel of ground or Garden-plat, and all other the premises, with the appurtenances, and every part and parcel thereof, without the let, trouble, contradiction or interruption of them the said P. S. and M. his wife, or either of them, their, or ei­ther of their Heirs, Executors or Assigns, or of any other person or persons whatsoever, lawfully claiming, or to claim any Estate or Interest in the premises, or any part thereof, by, from, or under him, them, or any of them, discharged also of and from all former Bar­gains, Sales, Gifts, Surrenders, Forfeitures and Re-entries, Rents, Arrerages of Rents, Charges and Incumbrances done or to be done by the said P. S. and M. his wife, or either of them, or by any other person or persons whatsoever, lawfully claiming from, by or under him, them, or either, or any of them, as aforesaid; or by his, their, either or any of their means, act, title, interest, forfeitures or pro­curement, the Rents and Covenants in the said recited Indenture of Lease herein before mentioned and expressed, only excepted and fore-prized. In witness, &c.

An Assignment of a Moyety of a House and Goods, with good Covenants.

TO all Christian people, to whom, &c. R. B. of L. &c. Exe­cutor of the last Will and Testament of R. R. late of L. de­ceased, and P. K. Citizen, &c. send greeting in our Lord God everlasting. Whereas W. T. of, &c. by his Indenture of Lease da­ted, &c. for the consideration therein mentioned, did demise, grant, and to farm-let unto the said P. K. his, &c. all that the Messuage or Tenement, called, &c. situate and being, &c. together also with all the Goods and Utensils of Houshold-stuffe, then being and be­longing to the said Messuage or Tenement, mentioned and com­prized in a Schedule to the said Indenture annexed: To have and to hold, &c. as in and by the said, &c. And whereas the said P. K. by Deed-pole dated, &c. for the considerations therein expressed, did demise, &c. the said last mentioned Indenture, &c. and all his Estate, &c. of, in and to the said, &c. unto the said R. R. the Estate and Interest of which said R. R. of and 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, &c. for the considerations, &c. [Page 137]grant, bargain, &c. The moyety of the said, &c. unto J. C. of, &c. And the said J. C. by Deed-pole dated, &c. did make over the said moyety of the said, &c. unto A. B. Inn-keeper, &c. and the other moyety 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 set over, and by these presents, &c. unto the said R. M. the said last mentioned moyety of the said Messuage or Tenement, with the appurtenances, called the, &c. aforesaid. And also all out right, title and interest, of, in, and to the said moyety of the said 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 years, property, 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 moyety of the said Goods and Chattels thereunto belonging: Together with all Writings, Leases, Counterparts of Leases, Escripts and Monu­ments, touching and concerning the same premises, in as large and ample manner, as we or either of us now have, and may hold the same by force and vertue of the said several 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, might, should or ought to have and enjoy the same. And we the said R. B. and P. K. for us, and either of us, and either of our Heirs, &c. and for every 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 right Owners and Possessors, or owner and 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 terms yet to come and unexpired in the said several recited Inden­tures of Lease; granted that we, or one of us, have or hath full power & good right, true title, & absolute authority, 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 [Page 138]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, and freely and clearly acquitted, exonerated and discharged, or otherwise well and sufficiently saved and kept harmless, of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Leases, Fines, Forfeitures, Rents, Arrerages 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 us, in any manner of wise how­soever; And so shall be during all the rest and residue of all and so many years as are yet to come and unexpired of the said several terms, in & 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 (and Lessees parts and behalfs, are or ought to be observed, performed, fulfilled and kept, according to the true meaning of the several recited Inden­tures of Lease, and the moyety of one half part of the yearly Rent of, &c. reserved for certain Rooms and Chambers belonging to the, &c. now in the Occupation of, &c. which moyety of the said Rent is formerly sold and released unto the said A. B. his, &c. onely excepted and foreprized) any thing in these presents con­tained, &c. In witness, &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. on the other part, Witnesseth, That whereas Sir J. D. &c. by his Indenture of Lease beating date the, &c. ( reciting the Grant and Habend.) as in and by, &c. Now this Indenture further witnesseth, That the said Sir A. C. for and in consideration of the trust hereafter men­tioned, and for divers other good Causes and Considerations him [Page 139]thereunto moving, hath granted, bargained, sold, assigned and set over, and by these presents doth grant, bargain, &c. unto the said E. H. and C. D. their Executors, Administrators and Assigns, and to the Survivor of them the said E. H. and C. D. and to the Executors, Administrators and Assigns, of the Survivor of them all, &c. (mentioning all that is assigned and set over) To have and to hold the said Lordship, &c. and all other the premises, with all and singular their appurtenances, before by these presents bargained, sold, assigned and set over, and every part and parcel thereof, unto the said E. H. and C. D. their Executors, Administrators and Assigns, and to the Survivor or Survivors of them the said E. H. and C. D. and to the Executors, Administrators and Assigns, of the Survivor of them all, &c. ( mentioning all that is assigned, &c.) Nevertheless upon this trust and confidence in them, and every of them reposed, that they the said E. H. and C. D. and the Survivor of them, and the Executors, &c. of the Survivor of them, shall and will at all times hereafter, and from time to time, upon the 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. assign, convey and assure all and singular the before bargained premises, and every part and parcel thereof, unto such person or persons, their Executors, &c. by the said Sir A. C. his Executors, &c. shall be nominated and appointed, in such manner and form, as by the said Sir A. C. his Executors, &c. or his or their Council 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 the like request to be made, do and perform all and every lawful act and acts, thing and things what­soever, for the extinguishment of this present bargain, sale and assignment of the premises above-mentioned, as by the said Sir A. C. his Executors, &c. or by his or their Council learned in the Law, shall be reasonably devised or advised, and required. In wit­ness, &c.

An Assignment of a Judgment.

THis Indenture made, &c. between M. M. &c. on the one part, and R. T. &c. on the other part, witnesseth, That whereas the said M. M. hath recovered a Judgment in His Maje­sties Court of Common-Pleas at Westminster, in Hillary Term, Anno, &c. against E. G. for xx l. Debt, besides costs of Suit, as by [Page 140]the Records of the said Court more at large may appear: Now the said M. M. for good Considerations him moving, Hath bar­gained, sold, assigned, and set over, and by these presents doth bargain, sell, assign, and set over unto the said R. T. his Executors, &c. as well the said Judgment, and all and every sum and sums of money therein mentioned and contained: As also, all benefit and advantage which shall or may be had, obtained, or gotten by rea­son or means of the said Judgment, or any Process or Execution thereupon to be had, sued out, or executed: To have and to hold the said Judgment, sum and sums of Money, 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 Assigns, might or could have and enjoy the same, if these presents had never been had or made; and the said M. M. his Executors, &c. shall and will justifie, maintain and avow, all and every lawful act and thing that shall be done in and about the premises, without releasing or discharging the same. So as there be no further benefit taken, than onely the due Debt, Interest and Charges, and that all the benefit which shall be 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 account, or other thing to be therefore yielded or done unto the said M. M. his, &c. for the same. In witness, &c.

An Assignment of an Annuity.

TO all Christian people, &c. I J. W. of, &c. Gentleman; send greeting in our Lord God everlasting: Whereas J. C. Citi­zen, &c. by his Deed indented, bearing date, &c. for the consi­deration therein mentioned, did give, grant and confirm unto me the said J. W. one Annuity or yearly Rent, or Pension of, &c. to be issuing and going out of all and singular the Messuages or Te­nements, Lands and Premises of the said J. G. situate and being in, &c. for the term of the natural life of me the said J. W. as in and by the said Deed indented (among divers other Covenants, Grants, Articles and Agreements therein contained) more fully and at large it doth and may appear: Now know ye, That I the said J. W. for good Considerations me moving, have assigned and set over, and by these presents do assign and set over unto S. L. of, &c. the said Annuity or yearly Pension of, &c. To have and to [Page 141]hold the said Annuity or yearly Rent of, &c. aforesaid, unto the said S. L. and her Assigns, in as large and ample manner and form as I the said J. W. may or ought to have and enjoy the same by force of the said Deed indented, or any thing therein contained (toge­ther with the said Deed indented.) In witness, &c.

A Release for one used in trust.

TO all Christian people, &c. R. M. of, &c. sendeth greeting in our Lord God everlasting: Whereas C. G. and T. T. for and in consideration of a certain sum of money to them paid by J. 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 Heirs and Assigns for ever, all that their third part in three parts equally to be divided, 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 to be 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, &c. belonging or ap­pertaining, or in any part or parcel thereof, as by the same Inden­ture among divers other Covenants and Agreements, more at large it doth and may appear: All which premises in the Indenture specified, so sold and granted to the said I. L. and R. M. as afore­said, was before and at the ensealing of the said Indenture, intend­ed and meant to be to the only use and behoof of the said I. L. and his Heirs, and to no other use or purpose whatsoever: 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 for ever quit-claimed, and for me and my Heirs do by these presents remise, release, and for ever quit-claim unto the said I. L. and his Heirs, All my Right, Interest, Estate, Title and Demand which heretofore I have had, or now have, of and in the said pre­mises, in the said Indenture specified, or in any part or parcel thereof. In witness, &c.

A Surrender of a Lease for Lives, for the obtaining of a new Lease.

TO all, &c. I A. S. &c. send greeting, &c. Whereas I the said A. now am, and stand lawfully seized and possessed of a Lease for term of my life, to be made and granted by, &c. bear­ing date, &c. of and in, &c. all which premises are scituate, &c. and are of the yearly value of, &c. as by the said Indenture of Lease, Relation, &c. Now know ye, That I the said A. have granted and surrendred, and by these presents do fully and abso­lutely grant and surrender unto the said, &c. his Heirs and Assigns, the said Messuage, &c. demised by the said, &c. to me the said A. by the said recited Indenture of Lease, as aforesaid; And all the Estate, Right, Title, Interest, term of Life, and Demand whatsoe­ver, of me the said A. of, in and to the said Messuage, and other the premises, with the appurtenances, and of, in and to every of them, and every part and parcel thereof, by force and vertue of the said recited Indenture of Lease, or otherwise howsoever: Together also with the said Indenture of Lease, To the intent nevertheless, and upon condition that the said, &c. may by his Indenture of Lease, make a new demise and grant of the premises to J. 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 yearly Rent, and under such Provisoes, Covenants and Articles, as shall be thought fit therein to be comprized. In witness, &c.

A Revocation of a Suit.

TO all, &c. I A. B. send 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 W. D. became bound unto me in the sum of, &c. on the, &c. as by the same Ob­ligation, &c. Now know ye, That I the said A. B. do by these presents revoke, and withdraw the said Action and Suit brought against the said P. F. upon the said Obligation, and all proceed­ings thereupon had in my Name, and do also countermand all Letters of Attorney, and other Authorities whatsoever, by me heretofore made, or given to any person or persons, for the prose­cution [Page 143]of any Action or Suit 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 and 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 Witness, &c.

A Release for waste done.

TO all, &c. W. S. of, &c. sendeth greeting in our Lord God God everlasting: Whereas J. S. of, &c. being possessed of a Lease for divers years yet to come, of and in one parcel of Wood­ground, commonly called, &c. situate, &c. containing, &c. be­ing parcel of the possession of W. S. &c. aforesaid; and whereas the said J. S. for the better advantage to himself, and for the increase of his own yearly profit to be made of the same Wood-ground, and for the better and more profitable manuring 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 same Ground into Tillage, whereby a far greater annual profit is, and yearly advantage will be made thereof, than if the same should continue Wood-ground, which in time to come will turn to the better benefit and advantage of the said W. S. and his Heirs, after the end and determination of the said Lease, made to the said J. S. yet notwithstanding the said J. S. is subject and liable to be questioned and troubled by action to be commenced against him, both for the waste he hath committed by cutting down Trees, and for not preserving of the said Woods, according to the Cove­nants comprised in the said Lease. Now know ye, That the said W. S. &c. for and in consideration of, &c. and for divers good causes, &c. hath for himself, his Heirs, Executors, &c. remised, re­leased and quit-claimed, and by these presents doth clearly and ab­solutely remise, release and quit-claim unto the said J. S. &c. all and all manner of Actions of waste, and all manner of Suits for any Wastes or Spoils done or committed by him the said R. S. in the said Wood and Wood-ground, called, &c. aforesaid, until the date of these presents: And all, and all manner of actions of Co­venants, and other Actions, Suits or Demands, Concernings, Co­venants, Provisoes or Agreements for not cutting down, or grub­bing up the same Woods or Under-woods heretofore cut and grubbed up. In witness, &c.

A Release of Errors.

BE it known, &c. That I A. B. &c. have remised, released, quit-claimed and discharged, and alwayes for me, my Heirs, Executors, Administrators, and every of them, for evermore do quit-claim and discharge unto C. D. of, &c. all and all manner of Error and Errors, cause and causes of Error and Errors, Misprisions, Mis-entries, and erroneous Proceedings whatsoever, had, made, committed, omitted, suffered or done, in all, every or any Plaint, Plea, Process, Judgment and Execution whatsoever, had, made, &c. by the said, &c. against me the said A. B. in any Court or Courts of Record, at any time from the beginning of the World, &c. In witness, &c.

A Discharge of an Apprentice from hsi Service.

TO all, &c. I F. W. of, &c. send greeting, &c. Whereas M. N. by his Indenture bearing date, &c. did put himself Ap­prentice to me for the term of, &c. commencing, &c. as by the said Indenture may appear: Now know ye, That I the said F. W. for good Considerations me thereunto moving, do by these presents clearly and absolutely discharge and set free the said M. 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 M. N. by vertue of the said Indenture, or otherwise: And also I do hereby remise and release unto the said M. N. all Actions, cause and 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 witness whereof, &c.

A Letter of Attorney, to receive Money due upon a 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 well-beloved Friend I. B. of, &c. my true and lawful Attorney, for me, and in my stead and name, but to the use and behoof of him the said I. B. [Page 145]to take, recover, and receive of W. S. of, &c. O. T. of, &c. and L. M. of, &c. the sum of, &c. due unto me for non-payment of the sum of, &c. of like money, on the twentieth day of, &c. last past, before the date of these presents, as by one Obligation with condition there-under written, bearing date, &c. in the year, &c. it doth and may more plainly appear, giving, and by these presents granting unto my said Attorney, my full power and lawful autho­rity in the premises, to do, say, perform, conclude and finish, for me and in my name, as aforesaid, all and every such act and acts, thing and things, device and devices in the Law whatsoever, for the recovery of all the Debts aforesaid, as fully, largely and amply 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, seal and deliver, rati­fying, allowing and holding firm and stable, all and whatsoever my said Attorney shall lawfully do, or cause to be done in or about the execution of the premises, by virtue of these presents. In witness, &c.

A Letter of Attorney to enter upon Lands, and deliver a Lease.

KNow all men, &c. 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 lawful 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. in the County of, &c. now in the Tenure or Occupation of K. T. or of his Assigns, and 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 Assigns, 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 part, purporting a Lease of the said Farm and Lands unto the said H. M. his Execu­tors, Administrators and Assigns, for the term of Ten years next ensuing; as in, and by the said 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 effectual Deed in Law, to all intents, constructions and pur­poses, as if I the said R. R. had sealed and delivered the same them there my self. In witness, &c.

A Letter of Attorney upon a Specialty being not due, with Covenant to justifie Actions.

TO all, &c. to whom this present writing shall come, Sir T. R. of, &c. sendeth greeting in our Lord God everlasting. Where­as H. F. on, &c. Gentleman, in and by one Obligation, with condition thereupon endorsed, bearing date, &c. is and standeth bound unto the said Sir T. R. in the sum of, &c. of lawful, &c. conditioned for the ture payment of, &c. on the, &c. next, &c. at or in the, &c. as in and by the said Obligation and Condition thereof at large appeareth. Now know ye, That the said T. R. for divers good Causes and Considerations him moving, hath assigned, ordained and made, and in his stead and place put and constituted his trusty and well-beloved Friend R. D. Citizen, &c. his true and lawful Attorney, for him, and in his stead and name, and to the onely proper use and behoof of the said R. D. to ask, require and receive of the said H. F. his Executors, Administra­tors or Assigns, the said sum of, &c. at the said day and place afore­said. And if default be made in payment of the said sum of, &c. as aforesaid: then he the said Sir T. R. doth by these presents make, ordain, constitute and appoint the said R. D. to be his true and lawful Attorney, for him, in his name, and to the only use of the said R. D. to ask, levy, demand, recover and receive of the said H. F. his Executors and Administrators, the said sum of, &c. so forfeited unto him the said Sir T. R. for non-payment of the said sum of, &c. at the day, time and place aforesaid: Giving, and by these presents granting unto his said Attorney, his full Power and lawful Authority in the premises: and upon default of the said sum of, &c. or any part thereof, the said H. F. his Heirs, Executors, Ad­ministrators, &c. 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 sustain and maintain according to the course of the Law; and upon the receipt of the said sum of, &c. or any part thereof, acquittance or other Discharges for him, and in his name, to make, seal and deliver, and one Attorney 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 needful, or requisite to be done in or about these premises, for him, and in his name to do, execute and per­form, as fully, largely and amply in every respect, as he himself [Page 147]might or could do, if he were personally present; ratifying, al­lowing and holding firm and stable, all or whatsoever his said At­torney, or his Substitute, lawfully authorized, shall lawfully do, or cause to be done in or about the execution of the premises by these presents. And the said T. R. for himself, &c. that he the said T. R. his Heirs, Executors and Administrators, and every of them, at all time and times hereafter, upon the 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 Assigns, or some of them, shall and will maintain, justifie and avow with effect, all and eve­ry such Action or Actions, Writ or Writs, Pleas, Process, Judg­ments and Executions whatsoever, which by the said R. D. his Executors, Administrators or Assigns, shall at any time hereafter be lawfully sued, commenced, had or brought in his name against the said H. E. his Heirs, Executors, Administrators, or any of them, upon or by reason of the Obligation above mentioned, or of any sum or sums of money therein mentioned or contained. And also that he the said T. R. hath not at any time heretofore, neither he, his Executors, or Administrators, or Assigns, or any of them, at any time hereafter shall or will remise, release, or other­wise discharge the said H. F. his Heirs, Executors or Administra­tors, or any of them, of the said Obligation above-recited: nor yet of any sum or sums of money therein contained, without the special licence, consent or agreement of the said R. D. his Execu­tors, Administrators or Assigns, or some of them, thereunto first had and obtained in writing under his or their Hands and Seals, and that all the benefit and commodity that shall be recovered, ob­tained or gotten by means of any such Action, Suit, Plaint, Judg­ment or Execution shall redound, come and be to the onely use and behoof of the said R. D. his, &c. without any account or other thing therefore to be yielded or done to the said Sir T. R. his, &c. or any of them. In witness, &c.

A Letter of Attorney-General to receive Debts and Rent.

KNow all men by these presents, That I A. W. of, &c. have assigned, ordained and made, and in my stead place by these presents, put and constitute my truly and well-beloved servant H. H. of, &c. to be my true and lawful Attorney, for me, and in my name, and to my use, to ask, sue for, levy, require, recover and receive all and every such Debts, Rents, and sums of Money as [Page 148]now are due unto me, or which at any day or dayes, time or times hereafter, shall be due, owing, belonging or appertaining unto me by any manner of wayes or means whatsoever, from any person or persons whatsoever, giving and granting unto my said Attorney by 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 Money 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, device and devices, in the Law whatsoever, needful and necessary to be done in or about the premises for the recovery of all or any such Debt, Rents, or sums of Money, as aforesaid, for me and in my name to do, execute and perform, as fully, largely and amply to every respect, 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 every such act and acts. In witness, &c.

A Short Letter of Attorney for the setting over of a Bond forfeited.

KNow all men, &c. 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 Attorney, 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, and either of 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 Attorney, my fall 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 and getting of the said sum of, &c. and every or any part or parcel thereof, and Attorney or Attorneys 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 At­torney, or his Assigns, shall for obtaining and recovery of the said [Page 149]sum 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 release the said T. M. and N. &c. of the said Bond, nor of the penalty therein contained, nor countermand this present Letter of Attorney, nor the authority thereby granted, nor any suit, act or proceeding at any time hereafter by vertue of these presents to be brought or done. In witness, &c.

A Letter of Attorney to take possession of Lands, delivered by a Sheriff upon an Extent.

KNow all men by these presents, That I A. B. &c. Esq have made, ordained, constituted, and by these presents, put and appointed my well-beloved Friend C. D. to be my true and law­ful Attorney, for me, and in my stead and name to enter into the Mannor of H. with the appurtenances, in the County of L. and now in the Tenure or Occupation of, &c. of the yearly value of, &c. and full and peaceable possession and seizin thereof, for me, and in my stead and name, and to my use, to take, receive, retain and keep, as to him the same shall be delivered by the Sheriff of the same County of, &c. according to the tenor, purport and ef­fect of His Majesties Writ of Extent unto the said Sheriff in that behalf directed. Giving and granting by virtue of these present unto my said Attorney, my full power and authority, and all and every thing and things, needful, necessary or requisite to be had made or done for or concerning the said possession, taking or the retaining of the same to my use, as aforesaid, the same for me, in my stead and name to do, use, execute and exercise, as fully and wholly, and in as large and ample manner and form, and to all intents and purposes, as I my self might and could do, if I we [...] personally present; ratifying, allowing and holding firm and stable all and whatsoever my said Attorney shall lawfully do, or cause t [...] be done in or about the execution of the premises, by vertue of these presents. In witness, &c.

A Covenant for the levying of a Fine.

ANd the said C. D. for himself, his Executors, &c. and for eve­ry of them, doth covenant and grant to and with the said W. G. and F. W. their Executors, Administrators, &c. That the said C. D. or his Heirs, shall and will at and before the, &c. at the proper Costs and Charges in the Law of the said C. D. his Heirs, &c. according to the usual course of Fines and Recoveries us'd and accustom'd, levy one lawful and sufficient Fine, and su [...]er a lawful and sufficient recovery to be had and made against him the said C. D. and his Heirs, unto the said W. C. and F. W. and their Heirs, or the Survivor of them, or to such other person or persons, as they the said W. and P. or the Survivor of them, or their Heirs, shall nominate and appoint, of all that Messuage, &c. (naming the Lands) with all and singular their appurtenances, scituate and being in C. aforesaid, in the County of B. which said Fine or Fines, Recovery or Recoveries, and all other Assurances and Conveyances to be had, made, levied, acknowledged and executed of the premises, or any part thereof, by the name or names afore­said, or by any other name or names, or in any other manner or form shall be, and the said W. C. and F. W. and their Heirs, and all and every other person and persons, and the Survivor of them, and their Heirs, to whom the said Fine shall be levied or acknow­ledged, as aforesaid, shall stand and be seized of all and singular the premises, and every part thereof, to the onely proper use and be­hoof of the said W. and F. and their Heirs 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 meaning of these presents, which said recoveries shall be, and shall be alwayes deemed, adjudged, and taken to be to the onely use and behoof of the said W. C. and F. W. and of the Heirs males of their Bodies to be begotten, and for default of such Issue, then to the use and behoof of the said W. C. and of his Heirs and Assigns for ever. In witness, &c.

A Covenant to Surrender a Copy-hold at the next Court.

ANd the said, &c. for himself, his, &c. doth covenant and grant to and with the said, &c. his, &c. that at the next Court holden at the Mannor of E. in the County of W. the said R. I. and his wife, shall come and personally appear in the Face of the said Court of the said Mannor, and in the open Face of the said Court, according to the usual Custom of the said Mannor, shall into the Hands of the Stewards of the said Court, or his Deputy, surrender, assign and yield up to the use of the said T. his Heirs, Executors, Administrators and Assigns, all that the right, estate, title, interest and demand, which they now have, or by any means may have of and in the said Copy-hold Land and Tenements, with the appurtenances, called, known by the said name or names of, &c. or any other Lands, Tenements or Hereditaments, which are claimed to be holden by him the said R. I. by Copy of Court­roll of the said Mannor of W. or to the same, or to any part or parcel of the same belonging, or so reputed, esteemed or taken, &c.

A Covenant for a further Assurance.

ANd the said L. M. for himself, his, &c. That he the said L M. and A. his now wife, and the Heirs of the said L. and all and every other person and persons whatsoever, having or claim­ing, or which shall or may have or claim, or pretend to have any manner of right, title, interest, or other thing, into or out of the before mentioned premises, or any part or parcel thereof, from or under the said L. M. shall and will from time to time, and at all times hereafter upon every reasonable request, and at the Costs and Charges in the Law of the said, &c. his Heirs and Assigns, make, do suffer, acknowledge and execute, or cause to be made, done, acknowledged, suffered and executed, all and every such further lawful act or acts, thing and things, device and devices, convey­ances and assurances in the Law whatsoever, for the further, better, and more perfect assurance, surety, 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 Heirs and Assigns for [Page 152]ever; be it by Fine or Fines, with Proclamation, Recovery or Recoveries, with double or single Voucher or Vouchers, Deed or Deeds, enrolled or not enrolled, the enrolment of these pre­sents, release, confirmation, with warranty, against all and every person or persons, or without warranty, or by all, any or as mady of the wayes, means and devices aforesaid, or by any other wayes or means whatsoever, as by the Council learned in the Law, of the said J. B. his, &c. shall or may be devised or required, so as the said J. M. and A. his wife, their Executors, &c. be not enforced or compelled to travell above twelve Miles from his or their dwel­ling place, or the Cities of London and Westminster, for the making, doing and executing thereof, &c.

A Covenant that he is lawfully seized in Fee-simple, or Fee­tail, and hath power to demise.

ANd the said G. H. for himself, &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 indefeizable estate of Inheri­tance in Fee-simple or Fee-tail, of and in all and singular the be­fore demised premises, with the appurtenances, and every part and parcel thereof, without any manner of condition or limitation of use or uses, to alter or 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, &c. and all and singular other the premises, with the appurtenances before demised, and every part and parcel thereof, unto the said J. 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 cut down or fell the Trees, without the consent of the Lessor.

ANd the said T. H. for himself, &c. that he the said T. H. his, &c. or any of them, shall not at any time hereafter during the said term, commit or cause, procure, or wittingly suffer to be committed or done, any manner of wilful waste or destruction, in or upon the premises, or any part thereof, nor shall cut down, fell, take or carry away any of the Woods, Under-woods or Trees growing, standing or being, or which hereafter shall grow, stand [Page 153]or be, in or upon the premises before demised, or in or upon any part or parcel thereof, without the licence, consent or agreement of the above-named U. B. his Heirs or Assigns, in writing first had and obtained.

A Condition of Arbitrement general and special.

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 truly stand to, abide, obey, observe, perform, fulfil and keep the award, arbitrement, order, rule, determination and judgment of, &c. Arbi­trators indifferently chosen, elected and named, as well on the part and behalf of the said R. C. R. A. as on the part and behalf of the within-named R. S. and, &c. to arbitrate, award, rule, decree and judge of, for, upon, touching or concerning all Actions, Suits, Doubts and variances concerning, &c. 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 Suits, Quarrels, Debts, Debates, Duties, Bonds, Specialties, Controversies, Transgressions, Offences, Strifes, Contentions, Reckonings, Accounts and Demands whatsoe­ver, which between the said R. C. and R. A. on the one part, and the said J. G. the elder, and the said J. S. the younger, and divers other persons on the other part, at any time from the beginning of the World, until the day of the date of these presents, have been had, moved, stirred, or are in any wise depending; so alwayes as the same award, arbitrement or determination, and judgment of the Parties, in and upon the same premises, 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, &c. That then this, &c.

A Condition for the truth of an Apprentice, and to restore the value of all such Goods, as by proof shall appear be hath imbeazled.

THe Condition, &c. That whereas J. D. &c. Son of, &c. by his Indenture of Apprentiship, to the within-named W. G. hath bound himself to the said W. G. with him to dwell and abide, from the Feast of, &c. unto, &c. from thence [Page 154]next ensuing, fully to be compleat and ended, as in and by the said, &c. more fully may appear: If therefore the said J. D. the Apprentice, do, or shall at any time or times hereafter, during the said term of, &c. wilfully waste, imbeazle, 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, and of the Goods, Wares, Monies or Mer­chandize of the said W. G. his Executors or Assigns: Then if the above bounden L. M. his Executors or Assigns, or any of them, do and shall within two Moneths next after request made, and no­tice thereof given, from time to time, during the said term, well and truly pay, or cause to be paid to the said W. G. his Executors or Assigns, the full sum and value of all such Goods, Wares, Money or Merchandize, as by the just and true proofs shall ap­pear, the said J. D. to have spent, imbeazled, wasted, consumed or lent, without consent, as aforesaid, to the h [...]rt and hinderance of the said W. G. his Executors or Assigns, without fraud or coven, That then, &c.

A Condition to acknowledge satisfaction upon a Judgment.

THe Condition, &c. That if the within-bounden J. P. his Exe­cutors, Administrators or Assigns, or any of them, do or shall before the end of Easter Term now next coming, after the [...] within written, by himself, or by his or their lawful Attorneys, in the Kings Majesties Court of Common-Pleas, confess and ac­knowledge satisfaction of all such Judgments and Executions, as the said J. P. hath recovered in the said Court against W. L. of, &c. Gentleman: That then, &c.

A Condition to make assurance upon request.

THe Condition, &c. That if the within-bounden H. S. or his Assigns, shall and will at all times hereafter, upon reasonable request, and at the Costs and Charges of the within named J. F. his Heirs and Assigns, by such lawful act and acts, thing and things, conveyances and assurances in the Law whatsoever, as by the said J. F. his Heits or Assigns, or his or their Council learned in the Law shall be reasonably devised or required, lawfully and suffici­ently give, grant, convey and assure unto the said J. F. his Heirs [Page 155]and Assigns for ever, all that, &c. in the Town and Parish of I. in the County of D. now in the Tenure of, &c. clearly acquitted and discharged, or otherwise sufficiently saved and kept harmless 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 S. H. or by any other person or persons whatsoever: That then, &c.

A Condition to find one his Dyet by the year.

THe Condition, &c. that if the within-bounden. T. W. his Executors or Assigns, do and shall at his and their own pro­per Costs and Charges, find, provide and allow unto J. B. or any servant of the within-named I. B. in his stead and place, good, wholesome and sufficient Dyet, and Victuals of Meat and Drink meet and convenient, and in such sort as is now by the above-bounden T. W. allowed, for the time and space of one whole year, from the Feast of the Nativity of, &c. next ensuing, &c. at or in the now, &c. And if at any time the said I. B. or such said Servant of the said I. B. so to be dyeted for the time being, shall absent himself from his said Commons, by the space of six weeks or more together, at any time or times during the said term; If then and so often as he shall be absent, the said T. W. his Execu­tors or Assigns, do and shall find Diet and Victuals for the said I. B. &c. for so long time after the end of the said terms, as they shall have been absent, as aforesaid, according to the true meaning of these presents: That then, &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 right or interest in the now dwelling House of the above-named T. T. scituated, &c. And whereas upon an agreement between the said E. H. and T. T. the said T. T. is c [...]ontented to pay the Rent of the said House, it being 50 l. per annum unto the said B. H. as the same shall grow due, according to his Lease. If therefore the said E. H. his, &c. do and shall well [Page 156]and truly pay, or cause to be paid unto the said E. T. his Execu­tors or Assigns, all such Rent, sum or sums of Money, Charges and Damages whatsoever, as shall by due proceeding in Law be adjudged or decreed 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 or be unto the said T. T. his Executors, Administrators or Assigns, by reason or means of the payment of the said Rent, or any part thereof, unto the said E. H. his Executors, Administrators or Assigns, That then, &c.

A Condition to discharge the Church-Wardens and Parishioners of a Child born in the Parish.

THe Condition, &c. That whereas one M. H. hath of late been delivered of a Man-child within the Parish of, &c. within written, to the which Child the within-bound E. G. by his own voluntary confession doth acknowledge himself to be the Father; If therefore the said E. G. his Heirs, Executors or Assigns, or every or any of them, do from time to time, and at all times hereafter, full and clearly acquit, discharge and save harmless, as well the within-named J. B. and H. T. Church-wardens of the Parish-Church of, &c. aforesaid, and their Successors for the time being, and every of them; as 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 means of the Birth, Education, nourishing and bringing up of the said Child: And of and from all other Actions, Suits, Charges, Troubles, Impeachments and Demands whatsoever, touching and 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 J. K. and his Heirs, do and shall at the next Court to be holden for or within the Mannor of H. in the County of E. sufficiently and in [Page 157]due form of Law surrender and yield up unto, or for the use and behoof of the within-named L. M. his Heirs and Assigns, or of such other person or persons, and their Heirs and Assigns, as the said L. M. shall nominate and appoint, All that his Copy-hold, Messuage or Tenement, and Lands thereunto belonging, contain­ing by estimation sixteen Acres, be it more or less, now or late in the Tenure or Occupation of N. O. or of his Assigns, parcel of the Mannor of H. aforesaid, with all and singular Out-houses, Ease­ments, Commodities and Appurtenances to the same appertaining, clearly acquitted and discharged of all Dowers and titles of Dower whatsoever, and do then and there also procure and cause the said L. M. or such other person or persons by him to be nominated as aforesaid, to be only and lawfully admitted Tenant of the same pre­mises, so to be surrendred, according to the custom of the said Mannor: That then this, &c.

A Condition for quiet enjoying a Mannor, according to an Assignment thereof.

THe Condition, &c. That if the within-named R. J. his, &c. and every of them, shall or may lawfully, peaceably and quietly have, hold, occupy and enjoy the Mannor of S. with the appurtenances, in the County of O. with all Lands, Tenements, Profits, Priviledges, Rents, Court-leet, and Advowson, Woods, Under-woods, and all other Hereditaments thereunto belong­ing or appertaining, without the let, trouble, suit, eviction, di­sturbance or contradiction of the within-bounden W. G. L. G. and M. G. or any of them, their, or any of their Heirs, Executors, Administrators or Assigns, or any of them, or any other person or persons whatsoever, having, claiming, or pretending to have any manner of Right, Title, Interest, Property, Claim or Demand, of, in or to the said Mannor and Premises aforesaid; or of, in and to any part or parcel thereof, by, from or under the said W. G. M. G. and L. G. or either or any of them, according to the tenour, pur­port, effect and true meaning of one Indenture of assignment, bear­ing date the, &c. made and sealed by the said W. G. unto the said R. J. of the premises aforesaid, as by the said Indenture may appear; That then, &c.

A Condition for assurance of Lands.

THe Condition, &c. That if the within-bounden W. B. shall upon reasonable request to him to be made by the within-named T. H. his Heirs or Assigns, 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 Assigns for ever, one Close of Pasture; containing by estimation one Acre abutting upon F. towards, &c. one other Close, &c. all which premises are scituate, lying and being in the Parishes, Towns and Fields of W. and G. or in some or one of them, in the County of B. by such Conveyances and Assurances in the Law, as by the said T. H. his Heirs and Assigns, or by his or their Council learned in the Law, shall be reasonably devised, or advised and required (discharged of all Incumbrances whatsoever, the chief Rents and Services thereof due and payable to the chief Lord or Lords of the Fee or Fees of the premises only excepted.) And also if the said W. B. his, &c. and every of them, do and shall until the said convey­ance and assurance shall be made and passed, as aforesaid, quietly permit and suffer the said T. H. his Heirs and Assigns 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 premises, and of every part and parcel thereof, without any manner of let, suit, trouble, disturbance or contradiction of the said W. B. his, &c. or any of them, or of any other person or persons whatsoever, by his or their, or any of their means, right, title, interest or pro­curement, and without any account, or any other thing therefore to be yielded, paid or done unto the said W. B. his Heirs or As­signs, or to any other person or persons whatsoever: That then this, &c.

A Condition to pay a sum of Money quarterly.

THe Condition, &c. That if the within-bounden B. M. his, &c. or any of them, do well and truly pay, or cause to be paid unto the within-named N. D. his, &c. the full sum of, &c. at or in the, &c. in manner and form following, (viz) on the, &c. next ensuing the date above-written, the sum of 5 l. thereof, at the place aforesaid, on, &c. 5 l. more thereof at, &c. on, &c. 5 l. [Page 159]more at, &c. and so forth every quarter of a year quarterly, one next and immediately ensuing another; on every of the quarter dayes aforesaid, and at the place above-named, for payment thereof, 5 l. until the said sum of, &c. shall be in such sort, and after such man­ner, fully satisfied, contented and paid, That then, &c. But if default of payment shall be made of or in the payment of the said sum of, &c. or any part thereof, contrary to the manner and form above-rehearsed, then it shall stand and abide, &c.

A Condition to lend a sum of Money at a certain day nominated, for a certain time then following without interest.

THe Condition, &c. that if the within-bounden I. W. and N. Y. or either of them, do and shall on the, &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. upon the single Bond of the said E. P. until the, &c. day of, &c. next ensuing, without loan, in­terest, or other considerations to be had for the same: That then, &c.

A Condition 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, for and after the Feast-day of, &c. next ensuing the, &c. well and truly pay, or cause to be paid to the within-named J. S. his, &c. one Annuity, yearly Rent, or Sum of, &c. of lawful, &c. at four usual Feasts or Terms in the year; That is to say, on the Feast-day of, &c. by even and equal porti­ons, the first payment thereof to begin on the, &c. next ensuing the, &c. that then the, &c. But if default shall happen to be made of, or in the payment of the said Annuity, yearly Rent, or Sum of, &c. at any of the said Feast-dayes, on which the same ought to be paid, at any time during the said term of, &c. contrary to the true intent and meaning of these presents, That then it shall stand and abide in full force, strength and vertue.

A Condition to pay a certain sum of Money at a day, and then to put in another Surety, 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 to 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 another sufficient Surety to become bound with him the said I. G. his, &c. unto the said C. D. his, &c. by their Obligation in due form to be made, in the penalty 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, 1649. at the place aforesaid, without fraud or coven, That then, &c.

A Condition for performance, concerning Co-partnership of an Award.

THe Condition, &c. That if the within-bounden W. D. his, &c. do for his and their parts and behalfs, in all things well and truly stand to, observe, perform, fulfil, and keep the Award, Arbi­trement, Order, Final end, Determination or Judgment of A. B. of, &c. and C. D. of, &c. Arbitrators indifferently chosen, elect­ed and named, as well on the part and behalf of the said W. R. as on the part and behalf of the within-named W. I. to arbitrate, award, order, judge, determine, and a final end to make, of, upon, touch­ing and concerning all and every Action and Actions, Suits, Vari­ances, sum and sums of Money, Claims and Demands whatsoe­ver, had, moved, depending or stirring, or having been, or now being in question, suit, trouble or controversie between the said Parties, for, by reason or means of any manner of dealing, &c. during the late Co-partnership, between the said W: and I. in any manner of wise, so as the same Award, Arbitrement, &c. 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, do at all times hereafter, and from time to time, clear­ly acquit and discharge, or sufficiently save and keep harmless the within-named G. S. and B. N. and every of them, their and every of, &c. against our Soveraign Lord the Kings Majesty, and all others, of and from all and every such Recognizances, wherein and whereby they the said G. S. and B. N. or either of them, stand charged or bound to our Soveraign Lord the Kings Majesty, for the said R. J. or for his personal appearance in His Majesties Court of Record, called the Kings Bench at Westminster, in Trinity Term next, to answer all such matters as shall be objected against him, and of, and for all and every sum and sums of money, matters, thing and things, the said Recognizance and Recognizances, and every of them mentioned or contained, and of and from all Acti­ons, Suits, Costs, Losses, Troubles, Extents and Damages, that shall or may arise or grow, touching or concerning the same, or any of them, in any manner or wise: That then, &c.

A Condition to save one harmless, for the bailing of one at two several Actions.

THe Condition, &c. That whereas the within-named J. D. at the special instance and request of the within-bounden W. W. hath main-prized or taken to bail the said W. W. in the Sheriffs Court holden in the Compter in Wood-street, London, of and for two Actions, the one of Trespass, Damages xx l. 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 therefore the said W. W. his, &c. and every of them, do at all times hereafter, and from time to time clearly acquit and discharge, or otherwise sufficiently save and keep harmless the said J. D. his, &c. and every of them, and all his and their Goods and Cha [...]tels, and every part and parcel of them, against all persons whatsoever, of and for the main-prizing and taking to bail of the said W. W. and of and for the several Actions aforesaid, and of and for all Actions, Suits, Costs, Troubles, Demands, Executions and Damages whatsoever, that shall or may arise or grow, touching or con­cerning [Page 162]the premises, or any of them, in any manner or wise; That then this present Obligation to be void, &c.

A Condition for payment of Money, if a man be non-suited.

THe Condition, &c. That whereas one E. G. is admitted to sue in Forma Pauperis, in his Majesties Court of, &c. against W. W. and A. B. for the recovery of certain Lands and Tene­ments in the County of K. if the said E. G. shall be Non-suited in the said Action, or that the same Action shall pass against him by Verdict, or otherwise, that if the above-bounden R. R. or E.G. their Executors or Assigns, or any of them, do, or shall truly pay or cause to be paid, all and fingular such Costs and Charges and sums of Money, as by any the Justices of the said Court shall in that case be thought convenient, or awarded without fraud, &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, fulfill, accomplish and keep all and singular the Covenants, Grants, Articles, Clauses, Conditions and Agreements whatsoever, which on his and their parts and behalfs, are, or ought to be observed, performed, fulfilled and kept, mentioned and comprised in one pair of Indentures of Lease, bearing date within-written, made between the within-named E. W. of the one part, and H.W. of the other part, according to the tenor, effect and true meaning of the same Indenture; That then, &c.

A Condition for passing of a Fine.

THe Condition, &c. That if the within-bounden W. E. and A. his now Wife, and the Heirs of the said W. at the Costs and Charges in the Law of the within-named R. M. his, &c. next ensuing the date, &c. shall levy one Fine, &c. in the Court of Common-Pleas at Westminster, of one Messuage or Tenement, mentioned to be demised to the said R.M. in and by one Indenture of Lease, bearing date, &c. made between the said W. E. on the [Page 163]one part, and the said R. M. on the other part, according to the due course of Law, by such name or names, and in such manner and form, as by the said R. M. his, &c. or by his or their Council learned in the Law, shall be devised or required, as well for the barring of the said A. from the Title of Dower in the premises, as for the better assuring and confirming of the premises unto the said R. M. his, &c. for and during all the said term, by the said Inden­ture of Lease, granted under the Rent, in and by the said Indenture reserved against the said W. E. his Heirs and Assigns, according to the true meaning of the said Indenture: That then, &c.

A Condition concerning a Marriage.

THe Condition, &c. That whereas there is a Marriage (by Gods Grace) intended to be shortly had and solemnized be­tween the above-bounden A. B. and E. B. Daughter of F. B. late of G. in the County of C. deceased; if after the said Marriage shall be solemnized between the said Parties, it shall happen the said A. shall die, 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 of, &c. or the value of, &c. for Goods and Chattels to be freely taken, had, used and disposed of, by her the said E. her, &c. at her and their own wills and pleasures, without any Claim, Challenge, Suit, Trouble, Disturbance, Contradiction or Demand, of, for, in or to the said sum or value of, &c. or of any part or parcel thereof, thereunto to be made by the Executors, &c. of the said A. B. or by any other person or persons whatsoever: That then, &c.

A plain Bill of Debt.

BE it known unto all men by these presents, That I A. B. of, &c. do owe and am indebted unto C. D. of, &c. in the sum of, &c. of lawful Money of England to be paid unto the said C. D. his Executors, Administrators or Assigns, on the, &c. next ensuing the date hereof, To the which payment well and truly to be made, I bind me, my Heirs, Executors and Administrators, firmly by these presents: In witness whereof, &c. I do hereunto set my Hand and Seal this fourth of July; Anno Dom. 1648.

[...] Bill Obligatory.

BE it known unto all men by these presents, That I A. B. of, &c. do owe and am indebted unto C. D. of, &c. in the sum of, &c. of lawful money of England, to be paid unto the said B. D. his Executors, Administrators or Assigns, on the, &c. next ensuing the date hereof, at, &c. To the which payment well and truly to be made, I bind me, my Heirs, Executors and Administrators, in the sum of, &c. of lawful money of England, firmly by these pre­sents. In witness, &c.

A General Release.

KNow all men by these presents, That I J. K. of, &c. have remised, released, and quit-claimed, and by these presents do for me, my Executors, Administrators and Assigns, remise, release, and for ever quit-claim unto C. D. of, &c. his Executors, Administrators and Assigns, all and all manner of Actions and Suits, cause and causes of Actions and Suits, Bills, Bonds, Writ­ings and Accompts, Debts, Duties, Reckonings, Sum and Sums of Money, Controversies, Judgments, Executions and Demands whatsoever, which I the said J. K. ever had, or which my Execu­tors, Administrators and Assigns, or any of us in time to come, can or may have, to, for, or against the said C. D, his Executors, Ad­ministrators or Assigns, for or by reason of any matter, cause or thing whatsoever, from the beginning of the World until the day of the date hereof. In witness, &c.

A Release upon the Receipt of a Legacy.

BE it known unto all men by these presents, That I T. B. of, &c. have the day of the date hereof received of J. T. widow, Executrix of the last Will and Testament of, &c. H. T. of, &c. deceased, all that Legacy or sum of, &c. to me the said T. B. by the name of T. B. of, &c. given and bequeathed, of which said sum of, &c. by me received as aforesaid, I acknowledge my self fully satisfied and paid, and thereof, and of every part and parcel thereof, do clearly acquit, exonerate and discharge the said T. W. her Executors and Administrators, and every of them by these [Page 165]presents: In witness whereof I have hereunto set my Hand and Seal, &c.

A Release of Lands.

TO all Christian people, &c. Know ye, That A. B. of, &c. for divers good Causes and Considerations him moving, hath remised, released, and for ever quit-claimed, and by these presents for himself and his Heirs, doth fully, clearly, and abso­lutely remise, release, and for ever quit-claim unto C. D. of, &c. in his full and peaceably possession and seizin, and to his Heirs and Assigns for ever, all such Right, Estate, Title, Interest and Demand whatsoever, as he the said A. B. had, or ought to have, of, in, or to all, &c. that the Mannor of, &c. and, &c. by any wayes or means whatsoever. To have and to hold all the said Mannor, &c. unto the said C. D. his Heirs and Assigns, to the onely use and behoof of the said C. D. his Heirs and Assigns for ever, so that neither he the said A. B. nor his Heirs, nor any other person or persons for him or them, or in his or their names, or in the name, right or stead of any of them, shall or will by any way or means hereafter, have, claim, challenge or demand any Estate, Right, Title or Interest, of, in, or to the premises, or any part or parcel thereof; But from all and every Action, Right, Estate, Title, Interest and Demand, of, in or to the premises, or any part or parcel thereof, they and every of them, shall be utterly excluded and barred for ever by these presents; And also the said A. and his Heirs, the said Mannor, Messuages, Lands, Tenements, and other the premises, with the appurtenances to the said C. D. his Heirs and Assigns, to his and their own proper use and uses, in manner and form afore-specified, against their Heirs and Assigns, and every of them, shall warrant, and for ever defend by these pre­sents. In witness, &c.

A Release of Lands, with a Covenant to lead to the use of a Fine.

TO all Christian people, &c. I E. F. of, &c. send greeting, Know ye, That I the said E. F. for good and valuable Con­siderations me moving, have given, granted, remised, released, and quit-claimed, and by these presents do for me and my Heirs, grant, remise, release, and for ever quit-claim unto T. M. of, &c. [Page 166](in his full, peaceable and quiet possession, and seisin being) and to his Heirs and Assigns for ever; all the Estate, Right, Title, Inte­rest, Use, Claim and Demand whatsoever, which I the said E. F. now have, or had, or which my Heirs, Executors or Administrators, at any time hereafter shall or may have or claim, of, in, or to all the Messuage, Tenement or Farm, called, &c. in the said County of, &c. or of, and into all and every, or any part or parcel thereof, by force and vertue of any Fine, or other assurance thereof, or any part thereof, acknowledged or made by the said T. M. and G. his wife, to me the said E. F. And I the said E. F. do covenant and grant, for me, my Heirs, Executors and Administrators, to and with the said T. M. his Heirs, Executors and Assigns, that all Fines and other assurances whatsoever, heretofore acknowledged, or levied of the premises, or any part thereof, by the said T. M. and G. his wife, to me the said E. F. shall be for ever hereafter, and shall inure to the use of the said T. M. and of the Heirs and Assigns of the said T. M. for ever: and I the said E. F. and my Heirs, and all and singular the premises unto the said T. M. and his Heirs, to the use aforesaid against me, and my Heirs, &c. shall and will warrant and defend for ever, by these presents. In witness whereof, &c.

A Revocation of uses.

BE it known, &c. That J. T. of, &c. do by this my present writing, sealed with my Seal, and subscribed with my name, in the presence of H. S. T. O. C. B. three credible witnesses, whose Names are subscribed, revoke, determine and make void and frustrate, all and every the Uses and Estates mentioned, raised, created, limited and made, in and by one Indenture of Lease, bearing date the, &c. in the year of the Reign of, &c. made be­tween me the said T. C. of the one party, and J. B. of, &c. of the other party, of and for the house and site and all other the Lands, Tenements and Hereditaments, with their appurtenances, in the said Indenture mentioned, and of and for every part and parcel thereof; And I do by these presents absolutely limit, deter­mine and appoint, that all and singular the Feoffees, Parties and Persons in the said Indenture mentioned, and their Heirs and Assigns, shall immediately, and from henceforth, stand and be seised of the Site, House, Messuages, Lands, Tenements and He­reditaments in the said Indenture mentioned, and of and in every [Page 167]part and parcel thereof, to the onely use and behoof of me the said T. C. my Heirs and Assigns for ever, in a pure and absolute estate in Fee-simple, and to none other use, intent or purpose: In wit­ness whereof, I the said T. C. have to this my present writing put my Hand and Seal, and subscribed my Name in the presence of the said H. S. T. O. C. B. three credible witnesses, whose names are likewise subscribed, the, &c. in the year of the Reign, &c.

A Defeazance upon a Statute.

THis Indenture made the, &c. between J. J. of, &c. of the one part, and W. G. of, &c. of the other part, Witnesseth; That whereas the said W. G. by his Recognizance in the nature of a Statute-Staple, bearing date with these presents, taken and ac­knowledged before Sir J. L. Knight and Baronet, Lord Chief Justice of His Majesties Court of Kings Bench Westminster, is and standeth bound unto the said J. J. in the sum of, &c. payable, as in the said recited Recognizance or Statute-Staple may appear: Nevertheless, the said J. L. is contented and pleased, and doth for himself, his Executors or Administrators, covenant, promise and agree, to and with the said W. G. his Heirs, Executors and Ad­ministrators, by these presents, that if the said W. G. his Heirs, Executors, Administrators or Assigns, or any of them, do well and truly content and pay, or cause to be paid unto the said J J. his Executors, Administrators or Assigns, the full sum of, &c. on the, &c. next ensuing the date of these presents, at or in the, &c. That then the said recited Recognizance or Statute-Staple of, &c. shall be utterly void and of none effect, or else shall stand and abide in full force and vertue. In witness, &c.

A Defeazance upon a Judgment.

THis Indenture made, &c. between A. B. of, &c. and W. C. of, &c. witnesseth; That whereas the said A. B. hath in Tri­nity term last, recovered against W. C. the sum of, &c. besides Costs of Suit in his Majesties Court of Common-Pleas at Westmin­ster, and thereupon had Judgment against the said W. C. as by the Record thereof remaining in his Majesties said Court, more at large it doth and may appear; Nevertheless, the said A. B. is con­tented and pleased, and doth covenant and grant by these presents [Page 168]for him, his Heirs, Executors and Administrators, to and with the said W. C. his Heirs, Executors and Administrators, That if the said W. C. his Heirs, Executors, Administrators or Assigns, do and shall well and truly pay, or cause to be paid to the said A. B. his Executors or Assigns, the full sum of, &c. at or in the, &c. That then and in the mean time he the said A. B. his Executors, Ad­ministrators or Assigns, shall not take out any Execution against the said W. C. his Goods, Chattels, Lands or Tenements; And that upon payment of the said sum of, &c. at the day and place above-named for payment, the said A. B. his, &c. at the request, costs and charges in the Law of the said W. C. his Executors, Ad­ministrators or Assigns, shall and will acknowledge satisfaction upon Record, of and for the said Judgment, so as he the said W. C. do make unto the said A. B. his Executors and Administrators, good, lawful and sufficient releases of Errors, and of all Mis-prisi­ons, Desaults and Imperfections, had, committed, omitted or per­petrated, in or about the said Judgment or Recovery, or any En­tries, Pleas, Pleadings, Process, Proceedings, or other matter touch­ing or concerning the same. In witness, &c.

A Defeazance upon a Mortgage of Lands formerly forfeited.

THis Indenture made the, &c. between R. T. of, &c. on the one part, and E. F. of, &c. of the other part, witnesseth; That whereas the said E. F. by his Indenture bearing date, &c. for the considerations therein mentioned, did give, grant, bargain, sell, and confirm unto the said R. T. his Heirs and Assigns, all that the Mannor of, &c. with the right, members and appurtenances thereof, in the County of, &c. and also divers other Lands, Te­nements and Hereditaments, in the same Indenture specified, in which said Indenture there is contained a Condition or Proviso, to this effect following; That is to say, That if the said E. F. his Heirs, Executors or Assigns, or any of them, do truly pay, or cause to be paid, unto the said R. T. his Executors, Administra­tors or Assigns, the full sum of, &c. at or in, &c. that then, and from thenceforth, from and after such full payment, had and made in manner aforesaid, the said recited Indenture, and every the Co­venants, Grants, Articles and Agreements therein contained, shall be utterly void and of none effect, as by the said Indenture, amongst divers Covenants, Grants, Articles and Agreements therein con­tained, may more at large appear. Which said sum of, &c. was [Page 169]not paid at the day and place of payment before limited for the payment thereof, according to the tenour of the said Proviso or Condition. By reason whereof, the said Mannor, Lands, and other the premises in the said Indenture mentioned, are absolutely vested and sealed in the said R. T. yet nevertheless the said R. T. is contented and pleased, and doth covenant and grant to and with, &c. that if the said E. F. his Heirs, Executors, Administrators, &c. or any of them; do well and truly content and pay, or cause to be paid unto the said R. T. his Executors, Administrators or Assigns, the full sum of, &c. on the, &c. at or, &c. That then (upon the said payment of the said sum of, &c. in manner and form afore­said) and from thenceforth the said recited Indenture of Bargain and Sale made of the said Mannor and other premises, shall be utterly void, and of none effect, the breach made in non-payment of the said sum of, &c. in the Proviso of the said Indenture men­tioned, or any other grant or thing therein contained to the con­trary thereof, in any wise notwithstanding. And that, also upon full payment of the said sum of, &c. that at any time or times af­ter, within the space of seven years then next following, He the said R. T. his Heirs and Assigns, shall and will, at the reasonable request, costs and charges in the Law of the said E. F. his Heirs and Assigns, grant, convey and assure unto the said E. F. for ever the said Mannor of, &c. with the appurtenances, and all and sin­gular other the premises, in and by the said recited Indenture grant­ed as aforesaid, in such manner and form, as by the said E. F. his Heirs or Assigns, or his or their Council learned in the Law, shall be reasonably devised or required; so as in the said conveyance and assurance so to be made by the said R. T. his Heirs and Assigns, there be no further or other warranty, than only against him and his Heirs. And so as also the said R. T. his Heirs or Assigns, be not compelled to travel further than the Cities of London or West­minster, for the doing and executing of the same assurance. And also that he the said R. T. his Heirs, Executors or Assigns, shall and will deliver, or cause to be delivered unto the said E. F. his Heirs or Assigns, within six Moneths next after such payment made, all and every the Deeds, Evidences and Writings which the said R. T. hath, touching or concerning the premises, safe, whole, uncancelled and undefaced. In witness, &c.

A Bill of Sale, with a Proviso, That if the Money, with allow­ance, be paid by a day, then to be void.

BE it known unto all men by these presents, That I A. B. of, &c. for and in consideration of the sum of 10 l. to me in hand paid at the ensealing and delivery of these presents by C. D. of, &c. Have bargained and sold, and in plain and open Market, accord­ing to the Custom of the City of London, Have delivered unto the said C. D. these several parcels hereafter mentioned (viz.) &c. To have and to hold the said several parcels, and every of them bar­gained and sold as aforesaid, unto the said C. D. his Executors, Administrators and Assigns, to the only proper use and behoof of the said C. D. his Executors, Administrators and Assigns for ever: Provided alwayes, that if I the said A. B. my Executors, Admini­strators or Assigns, do well and truly content and pay, or cause to be paid unto the said C. D. his Executors, Administrators or As­signs, the full fum of 10 l. 10 s. of, &c. on, &c. next ensuing the date hereof, at or in the, &c. that then, &c. And I the said A. B. for my self, my Executors, Administrators and Assigns, do cove­nant and grant to and with the said C. D. his Executors, Admini­strators and Assigns, by these presents, That if default be made of or in payment of the said sum, or any part thereof, contrary to the form aforesaid, That then I the said A. B. my Executors and Administrators, and every of us, shall and will warrant, and for ever defend the said several parcels, and every of them, unto the said C. D. his Executors and Assigns, against all men by these pre­sents. In witness, &c.

A Bargain and Sale of Houshold-stuff.

BE it known unto all men by these presents, That I T. N. of, &c. for and in consideration of the sum of 25 l. of, &c. to me in hand paid at the ensealing and delivery of these presents by A. R. of, &c. whereof I acknowledge my self fully satisfied and paid, and thereof, and of every part and parcel thereof, do clear­ly acquit, exonerate and discharge the said A. his Executors, Ad­ministrators and Assigns, by these presents, have granted, bar­gained and sold, and by these presents, do fully, clearly and absolutely grant, bargain, sell and deliver unto the said A. R. all [Page 171]such Goods and Houshold-stuff, and Implements of Houshold, and all other things mentioned and contained in a Schedule here­unto annexed, now remaining and being in one Messuage, House or Tenement, and the Garden and Yard thereunto belonging, called Dales, situate, lying and being in Hammersmith, in the Coun­ty of Middlesex, and now in the Tenure or Occupation of the said T. N. or of his Assigns. To have and to hold all and singular the said Goods, Housholdstuff and Implements of Houshold, and every of them, before by these presents bargained and sold, or men­tioned to be bargained and sold unto the said A. R. his Executors, Administrators and Assigns for ever, to do and dispose of them, and every of them, at his and their will and pleasure. And the said T. N. for himself, his Executors, Administrators and Admi­nistrators, doth covenant, promise and grant to and with the said A. R. his Executors, Administrators and Assigns, by these presents, that he the said T. N. his Executors, Administrators and Assigns, and every of them, all and singular the said Goods, Utensils, Im­plements of Houshold and Housholdstuff before bargained and sold, and every of them, unto the said A. R. his Executors, Ad­ministrators and Assigns, against all and every other person and persons whatsoever, shall warrant and for ever defend by these presents. In witness, &c.

A Bargain and Sale of Leases and Goods, on Condition to pay Debts and Legacies.

BE it known unto all men by these presents, That I A. T. of, &c. Have given, granted, bargained, sold, and by this my present Deed do give, grant, bargain and sell unto R. T. my Son, all my Leases, or Lands held by Lease for years, and all my Goods and Chattels, both real and personal, both moveable and un­moveable, quick and dead, of what kind soever they be of, and in whose Hands, Custody or Possession soever they be; To have and to hold to the said R. and his Assigns for ever, to his and their own proper use and behoof for evermore, upon condition follow­ing, (that is to say) that the said R. shall well and truly content and pay, or cause to be contented and paid all my Debts whatsoe­ver, and also shall pay and perform, or cause to be performed and paid all my Gifts and Legacies, which I the said A. T. shall ordain and appoint by my last Will and Testament. In witnes [...], &c.

The form of an Award.

TO all Christian people to whom this present Writing of Award indented shall come, G. M. of, &c. sendeth greeting in our Lord God everlasting: Whereas divers Questions, Controversies and Suits, have been had, moved and depending between J. P. of, &c. of the one party, and R. H. of, &c. of the other party; as well for and concerning the interest and profits of the Recto­ry and Parsonage of, &c. as also for other causes and actions, for the appeasing whereof, either of the said Parties have elected and chosen me the said G. M. to be Arbitrator indifferently between them, and to that end have bound themselves either to other by Obligation, in the sum of 100 l. to stand to, and abide the Award, Arbitrement and Judgment of me the said G. M. touch­ing the premises. Now know ye, That I the said G. M. taking upon me the charge of the said Award, and minding that a final end and agreement shall be had and continued from henceforth between the said Parties touching the premises, do make and declare this my Award in manner and form following: That is to say; First, I award, &c.

A Protection in time of Parliament.

FOrasmuch as I have special Occasions to imploy the Bearer hereof, A. B. my Servant, in and about my Service and Oc­casions, during this present Session of Parliament: These are therefore to will and require you to forbear to arrest, attach or imprison him the said A. B. but to permit and suffer him peace­ably and quietly to go about his business, at his will and pleasure, during all this present time of Parliament, without any your suit, arrest or disturbance, as you will answer the contrary at your peril.

Given under my Hand and Seal the, &c.

A Surrender of Copy-hold Land, by way of Mortgage.

MEmorandum, That the day and year above-written E. L. of, &c. did out of Court by the hand of R. G. and J. F. two of the customary Tenants of the said Mannor, Surren­der by the Rod into the Hands of the Lord of the said Mannor, two parcels of Land, with the appurtenances, containing by esti­mation seven acres or thereabouts, one parcel whereof lieth in Hammersmith, within the aforesaid Parishes of, &c. Between the Lands of G. L. and R. M. Esq on the East; and the Lands of G. M. Gentleman, on the Weft; the Common Sewer on the North; and the Lands of W. H. on the South; and the other parcel of Land, containing by estimation four acres, being in, &c. between the Land of the Bishop of, &c. on the West; the Glebe-lands belonging to the Parsonage of, &c. on the East; the Lands of, &c. on the North; and the Lands of the said E. P. on the South; To the only use and behoof of J. P. his Heirs and Assigns for ever. To have and to hold the said parcels of Land, and every of them, with their and every of their appurtenances unto the said J. P. his Heirs and Assigns for ever, according to the custom of the said Mannor. Provided alwayes nevertheless, and upon this condition, That if the said E. L. his Heirs or Assigns, do well and truly content and pay, or cause to be paid unto the said J. P. his Executors, Administrators or Assigns, the full sum of one hundred thirty and four pounds of lawful money of England, on the, &c. next ensuing the date within-written, at or in, &c. That then this present Surrender to be void and of none effect, or else to stand and abide in full force and virtue.

An Assignment of a Judgment.

TO all, &c. A. C. of, &c. sendeth greeting. Whereas T. W. of, &c. and H. F. of, &c. by their Obligation bearing date, &c. in the tenth year of the Reign of our Soveraign Lord CHARLES, &c. are and stand joyntly and severally bound unto the said A. C. in the sum of, &c. with condition of payment of, &c. on the, &c. then next following at, &c. as by the same Obligation may appear, which sum of, &c. was not paid at the day and place before expressed for the payment thereof, whereby the [Page 174]said Obligation became forfeited: sithence which time the said A. C. hath commenced her Action of Debt upon the said recited Obligation, in His Majesties Court of Kings Bench at West­minster, and hath thereupon recovered and obtained a Judgment of 200 l. and 25 s. costs of Suit, against the said T. W. in Hillary Term last past, before the date of these presents. Now know all men by these presents, That she the said A. C. for divers good Causes and Considerations her thereunto moving, hath constituted and appointed her well-beloved Friend T. K. of, &c. her true and lawful Attorney for her; and in her Name to demand, ask, levy, recover, receive and take of the said T. W. his Heirs, Exe­cutors, Administrators and Assigns, the said sum of 200 l. and 25 s. costs of Suits, and for default of payment thereof, or of any part thereof, to sue forth one or more Writ or Writs of Executi­on, or other lawful Process whatsoever, and further do, and use all other lawful wayes and means for the recovery thereof, as by the said Attorney, or his Council learned in the Law shall be rea­sonably devised, advised or required, and the said sum and sums of Money so to be had and received upon the said Judgment, or upon any Execution thereon to be prosecuted and taken out, to detain and keep to the onely use and behoof the said T. K. his Executors, Administrators and Assigns; without any accompt thereof or therefore to be rendred to her the said A. C. and the said A. C. doth hereby covenant, promise, grant and agree, to and with the said T. K. her said Attorney, that at the ensealing and delivery of these presents, the said Judgment is and re­maineth unpaid and unsatisfied, and that she the said A. nor her Executors, Administrators or Assigns, nor any of them, shall or will at any time hereafter, release, discharge, or otherwise do or suffer to be done, any act or thing whatsoever, to discharge or impeach the validity of the said Judgments, without the consent and agreement of the said T. K. in writing under his Hand and Seal first had and obtained; Nor shall revoke or countermand the authority and power to him by these presents given and grant­ed, she the said A. C. hereby ratifying and approving all and eve­ry lawful act and acts, and other proceedings whatsoever, which her said Attorney shall prosecute, commence or sue forth, for, up­on or by reason of the said Judgment, so alwayes that he the said T. K. do and shall at all times hereafter, and from time to time, pay and bear all such sum and sums of Money, Costs and Charges of Suit, as the said A. C. or her Executors, Administrators or Assign [...], shall be compelled to disburse for or concerning the pre­mises; [Page 175]and do and shall also save, defend and keep harmless and indemnified her the said A. C. her Executors and Administrators, and her and their Lands, Tenements, Goods, Chattels and Here­ditaments whatsoever, of and from all and all manner of Costs, Charges, Suits, Troubles and Detriments whatsoever, that shall or may happen or come against her the said A. C. her Executors and Administrators, for or by reason of the said Judgment, or any execution thereof had or taken. In witness, &c.

An Assignment of an Annuity.

TO all Christian people, &c. T. D. of, &c. sendeth greeting, &c. Whereas T. D. of, &c. late Uncle of the said T. D. party to these presents, in and by one Indenture bearing date the, &c. and in the, &c. made between the said T. D. Uncle to the, &c. of the one part, and B. E. and G. C. of, &c. of the other part, purporting certain uses, as in the same Indenture is limited and expressed, Did give and grant unto the said T. D. party to these presents, one annuity or yearly payment of 10 l. of, &c. per annum, for and during the natural life of the said T. D. party to these pre­sents, to begin to be paid yearly to the said T. D. party to these presents, from and after the decease of A. D. late wise of the said T. D. the Uncle, as by the said Indenture, among divers other things therein contained, more at large appears. Now know ye, That the said T. D. party to these presents, for and in considerati­on of the sum of, &c. to him in hand at and before the ensealing and delivery of these presents by W. P. of, &c. well and truly paid, whereof and wherewith the said T. D. party to these pre­sents, acknowledgeth himself fully satisfied, contented and paid by these presents, and for divers other, &c. Hath given, granted, bar­gained, sold, assigned and set over, and by these presents doth ful­ly, clearly and absolutely give, grant, bargain, sell, assign and set over unto the said W. P. his Executors, Administrators and Assigns, as well the said annuity or yearly payment of, &c. as also the Estate, Right, Title, Interest, Property, Claim and Demand, which the said T. D. party to these presents, hath or may, can, might, should or ought to have of, in or to the same, by force and vertue of the said Indenture of uses, or any thing therein contained, or other­wise. And the said T. D. party to these presents, for him, his Executors and Administrators, doth covenant, promise and grant to and with the said W. P. his Executors, Administrators and [Page 176]Assigns, by these presents, in manner and form following: That is to say, that he the said T. D. party to these presents, now hath lawful authority to give, grant, bargain and sell the said annuity, in manner and form aforesaid: And that heretofore neither he, nor any other by his appointment, or with his consent, hath made any former bargain, sale, gift, grant, assignment, surrender, extinguish­ment, charge or incumbrance of the said annuity, or yearly pay­ment of, &c. or of any part thereof, Nor that he the said T. D. party to these presents, nor any other by or from him, or with his consent, have or hath done, nor hereafter at any time shall do, commit or suffer to be done, any act, deed or thing whatsoever, whereby the said W. P. his Executors, Administrators or Assigns, shall or may be hindred or letted of, or in the having, receiving and enjoying of the said annuity or yearly rent, or any part there­of; and that the said W. P. his Executors. Administrators or As­signs, shall and may from time to time, and at all times from and after the decease of the said A. D. for and during the natural life of the said T. D. party to these presents, lawfully, peaceably and quietly have, hold, use and possess, occupy and enjoy the said annui­ty or yearly rent of, &c. and every part and parcel thereof, To the only proper use and behoof of the said W.P. his Executors, Admi­nistrators and Assigns for ever, without the let, trouble, molestation, interruption or disturbance of him the said T. D. party to these presents, or any other person or persons, by his means, title or procurement. And further, that the said T. D. party to these pre­sents, shall and will from time to time, and at all times hereafter, at the reasonable request, costs and charges in the Law of the said W. P. his Executors, Administrators and Assigns, do or cause, procure or suffer to be done, all such further act and acts, thing and things, for the further assuring of the premises to the said W. P. his Executors, Administrators and Assigns, for and during the na­tural life of the said T. D. party to these presents, after the death of the said A. D. as by the said W. P. his Executors or Assigns, or by his or their Council learned in the Law, shall be reasonably devised, advised or required. In witness, &c.

An Assignment of a Lease.

THis Indenture made, &c. between H. S. of, &c. of the one part, and R. L. of, &c. of the other part; Whereas J. H. of, &c. by his Indenture of Lease bearing date the, &c. for the [Page 177]consideration therein expressed, did demise, grant, set and to farm-let unto the said H. S. all that Messuage or Tenement, called or known by the name of, &c. situate, lying and being in Feet-street, London, and then in the Tenure or Occupation of the said J.H. together with all Water-courses, Lights, Wayes, Easements, Com­modities and Appurtenances whatsoever, to the said Messuage or Tenement, and all and singular other the premises thereby granted, or any of them then made or belonging. To have and to hold the said Messuage or Tenement, and all and singular other the before mentioned premises, with their and every of their appurtenances, unto the said H.S. his Executors, Administrators and Assigns, from the Feast-day of, &c. last past, before the date of the same Indenture, unto the full end and term of twenty one years from thenceforth next ensuing, and fully to be compleat and ended: Yielding and paying therefore yearly, during the said term of twenty one years, the yearly rent of, &c. at the four usual Feasts or Terms in the year, that is to say, at the, &c. or within ten dayes next ensuing any of the said Feasts, by even and equal portions, as in and by the said Indenture of Lease, among divers Covenants, Grants, Articles, Clauses and Agreements therein contained, where­unto relation being had, more fully and at large appears. Now this Indenture witnesseth, That the said H. S. for and in conside­ration of the sum of, &c. to him in hand at and before the ensealing and delivery of these presents by the said R.L. well and truly paid, whereof and wherewith he acknowledgeth himself fully satisfied and paid; and thereof, and of every part and parcel thereof, doth clearly acquit and discharge the said R. L. his Executors, Admini­strators and Assigns, for ever, by these presents, Hath granted, bar­gained, sold, assigned, and set over, and by these presents doth grant, &c. unto the said R. L. all the Estate, Right, Title, Interest, term of years yet to come and unexpired, property, claim and de­mand whatsoever, which he the said H. S. now hath, or may, might or ought to have or claim of, in or to the before mentioned premises, and every or any part or parcel thereof, with the appur­tenances, by force and virtue of the said Indenture of Lease, or any thing therein contained, or otherwise howsoever, Together with the said Indenture of Lease, To have and to hold as well the said premises before mentioned to be demised, in and by the said Indenture of Lease, as also all the Estate, Right, Title, Interest, Use, Possession, Claim and Demand whatsoever of him the said H. S. of, in and to the premises, unto him the said R. L. his Exe­cutors, Administrators and Assigns, from the day of the making [Page 178]hereof; for and during all the residue and number of years yet to come and unexpired of the said term of, &c. in and by the said Indenture of Lease granted in such like, and in as large and ample manner and form, to all intents and purposes, as the said A. S. now hath, or enjoyeth, or may, might, or ought to have and enjoy the premises, by force, vertue and means of the said Indenture of Lease, or any thing therein contained, or otherwise howsoever; Together with the said Indenture of Lease as aforesaid. And the said H.S. for himself, his Executors and Administrators, doth covenant, promise and grant to and with the said R. L. his Exe­cutors, Administrators and Assigns, by these presents, That the said R. L. his Executors, Administrators and Assigns, shall and may lawfully, peaceably and quietly have, hold, possess and enjoy the before mentioned premises, and every part thereof, with the ap­purtenances, for and during the residue and number of years yet to come and unexpired, of the said term of, &c. in and by the said Indenture of Lease granted, without any lawful let, suit, trou­ble, denial or interruption of him the said H. S. his Executors, Administrators or Assigns, and that freely and clearly acquitted and discharged, or otherwise well and sufficiently save and keep harmless, of and from all other Gifts, Grants, Bargains, Sales, Leases, Rents, Arrerages of Rents, Forfeitures, Re-entries, cause and causes of Re-entries, Troubles and Incumbrances whatsoever, had, made, committed or done by the said H. S. his Executors, Administrators, &c. the Rents and Covenants in and by the said recited Indenture of Lease reserved, which on the Tenants or Lessees part and behalf of the same premises from henceforth are or ought to be paid, performed and done (only excepted and fore­prized) of which said Rents and Covenants, the said R. L. for himself, his Executors and Administrators, doth covenant, pro­mise and grant to and with the said H.S. his Executors, Admini­strators and Assigns, by these presents, clearly to acquit and dis­charge, or otherwise from time to time, and at all times hereafter from henceforth, well and sufficiently save and keep harmless and indempnified the said H. S. his Executors, Administrators and As­signs, and every of them by these presents. In witness, &c.

A Preamble of a Will.

IN the Name of God, Amen. The sixteenth day of October, 1647. in the twenty third year of, &c. IG. H. of, &c. being sick and weak in Body, but of sound and perfect memory (praise be given to God for the same) and knowing the uncertainty of this life on Earth, and being desirous to settle things in order, do make 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, assuredly believing that I shall receive full par­don and free remission of all my Sins, and be saved by the precious Death and Merits of my blessed Saviour and Redeemer Christ Jesus, and my Body to the Earth, from whence it was taken, to be buried in such decent and Christian manner, as to my Executors hereafter named shall be thought meet and convenient. And as touching such worldly Estate as the Lord in mercy hath lent me, my Will and meaning is, the same shall be imployed and bestow­ed, as hereafter by this my Will is expressed; And first, I do re­voke, renounce, frustrate and make void all Wills by me formerly made, and declare and appoint this my last Will and Testament. Item, I give and bequeath, &c.

A Condition to pay Money at the day of Marriage, or day of Death.

THe Condition of this Obligation is such, That if the within bounden A. B. his Executors, Administrators and Assigns, do well and truly pay, or cause to be paid unto the within-named C. D. his Executors, Administrators or Assigns, at or in the, &c. the sum of, &c. within six Moneths next after the Solemnization of the Marriage of the above-said A. B. or the day of death and decease of B. C. of, &c. Gentleman, which shall first happen after the date within-written, without fraud or coven: That then, &c.

A Condition to deliver Hay and Cats by a day, &c.

THe Condition, &c. That if the within-bounden J. A. his Executors, Administrators or Assigns, do and shall well and truly deliver, or cause to be delivered unto the within-named T. J. [Page 180]his Executors, Administrators or Assigns, at, &c. five Cart-loads of good, sweet, well made, and well-dryed Hay, every Load con­taining, &c. and twenty quarter of sound, wholsome and sweet Oats, good and Merchantable ware, every quarter to contain, &c. between the Feast-day of St. John the Baptist, and St. James the Apostle, next ensuing the day within-written, frank and free, with­out any thing therefore to be paid, without fraud or coven: That then, &c.

A Condition to perform Covenants.

THe Condition, &c. that if the within-bound L. R. his Exe­cutors, Administrators and Assigns, and every of them, do and shall at all times hereafter, and from time to time, well and truly observe, perform, fulfil, pay, do and keep all and every the Covenants, Grants, Articles, Clauses, Provisoes, Payments and Agreements, which on his or their parts and behalfs are and ought to be observed, performed and fulfilled, paid, done and kept, spe­cified and comprized in a certain pair of Indentures of Lease bear­ing date within-written, made between the within-named L. R. on the one part, and N. G. on the other part, and that in and by all things, according to the true intent and meaning of the same Indenture; That then, &c.

A Condition to abide the Award of Arbitrators, if they make an arbitre­ment, and if not, then to abide the umpirage of an umpire.

THe Condition, &c. That if the within-bounden A. S. his Heirs, Executors and Administrators, and every of them, for his and their parts and behalfs in all things, do well and truly stand to, and abide, observe, perform, obey, fulfil and keep all and every the award, arbitrement, doom, determination, final end and judg­ment of Sir T. S. of, &c. and H. S. of, &c. Arbitrators indiffe­rently nominated, elected and chosen, as well on the part and be­half of the within-bound A. S. as on the part and behalf of the within-named F. F. to award, arbitrate, determine and judge of, for, upon, or concerning all and all manner of Judgments, Execu­tions, Actions, Suits, Cause and Causes of Action and Suit, Ac­compts. Reckonings, Sum and Sums of Money, Trespasses, Strifes, Variandes, Quarrels, Controversies, Judgments, Executions and [Page 181]Demands whatsoever, had, made, moving or depending, or having, being and beginning between the said Parties at any time or times, before the day of the date of these presents. So alwayes, that the said award, arbitrement, doom, determination and judgment of the said arbitrators of, for, or upon the premises, be made or put in writing indented under their Hands and Seals, and ready to be de­livered to the said Parties, or to such of them as shall come and re­quire the same of the said arbitrators, on this side or before the, &c. and if the said arbitrators shall make and put in writing indent­ed no such award or arbitrement, as aforesaid, for and upon the pre­mises, at or before the said day of, &c. if then the said A. S. his Heirs, Executors and Administrators, and every of them, for his and their part and behalf, in all things, do well and truly stand to, abide, obey, observe, perform, fulfil, pay and keep all and every the award, umpirage, arbitrement, determination, final end and judgment of Sir R. R. of, &c. Umpire indifferently elected and chosen on the part and behalf of either of the said Parties to award, arbitrate, determine, and finally to judge of, for, upon or concern­ing all and singular the aforesaid premises; so alwayes that the said award, umpirage, arbitrement, determination, final end and judg­ment of the said Umpire, of, for, or concerning the same premises, be had and put in writing indented under his Hand and Seal, at or in the, &c. and ready to be delivered to the said Parties, or to such of them as shall come and require the same of the said Umpire. That then, &c.

A Condition that one shall not demise or alien, without consent.

THe Condition, &c. That if neither the above-bound R. R. nor his Assigns, nor any of them, do or shall at any time hereafter, demise, grant, bargain, sell, or otherwise do away his or their Estate, Right, Title, Interest, Claim and Demand either in Fee-simple, Fee-tail, or otherwise, to any person or persons what­soever, of, in or to that the Mannor of, &c. in the County of, &c. with the right, members and appurtenances thereof in the said, &c. whatsoever, or of, in or to any part or parcel thereof, which he the said R. R. or his Heirs, have, hath or had, may, might, should or ought to have or claim of, in or to the said Mannor, with the ap­purtenances, without the consent and agreement of the above-na­med T. J. his Heirs or Assigns, or some of them to that effect first had and obtained in writing, under his, their, or some of their Hands and Seals. That then this, &c.

A Condition to justifie all such Actions as shall be commended by reason of a Letter of Attorney.

THe Condition, &c. That whereas the within-bound J E. by his Deed, or Letter of Attorney, bearing date, &c. hath made and constituted the within-named W. D. his true, lawful and sufficient Attorney, to ask, levy, recover and receive, for him, and in his name, to the only proper use and behoof of the said W. D. his Executors and Administrators, 200 l. of, &c. wherein R. C. of, &c. by his Obligation bearing date, &c. is and standeth bound unto the said J. E. as by the same Letter of Attorney more at large it doth and may appear. If therefore the said J. E. his Executors and Administrators, and every of them, do at all times hereafter, and from time to time, avow, justifie and maintain all and every such lawful action and actions, plaints, process, suits, judgments and executions, as the said W. D. his Executors, Ad­ministrators and Assigns, or such as the said W. D. his Executors, Administrators or Assigns, shall thereunto assign, name and ap­point, shall attempt, commence and pursue in the name of the said J. E. his Executors or Administrators, against the said R. C. his Executors or Administrators, or any of them, upon or by reason of the said recited Obligation. And also that if neither the said J. E. his Executors or Administrators, or any of them, shall here­after willingly do or procure to be done any manner of act or acts, thing or things, whereby the said debt of 200 l. or any part or parcel thereof, is or shall be released, or in any wise discharged, or whereby or by reason whereof any action or actions, writ, plea, process, or execution to be had, attempted, brought or exe­cuted, for, touching or concerning the suing for, or recovery of the said sum of 200 l. shall be any way impeached, abated, with-drawn, delayed or hindred, except it be by and with the consent of the said W. D. his Executors or Administrators, under his or their Hands and Seals, first had and obtained in writing; That then, &c.

A Condition for payment of Money yearly, with a Clause to find new Sureties, upon death of any of the former.

THe Condition, &c. That if the within-bound R. D. W. D. and R. B. or any of them, their, or any of their Executors, Administrators or Assigns, do well and truly pay, or cause to be paid unto the within-named J. A. his Executors or Assigns, yearly from henceforth, for and during the term of twenty one years, the yearly sum of, &c. at or in, &c. at the four usual Feasts or Terms in the year: that is to say, at the Feast of, &c. or within twenty dayes next after every of the said Feasts, by even and equal porti­ons to be paid; And if it shall happen the said R. D. W. D. or R. B. or either of them, to die or depart his or their natural life or lives before the said term of twenty one years shall be fully ended, next after the date within-written: If then the said R. D. his Exe­cutors or Administrators, do within three Moneths next after re­quest in that behalf to him or them to be made by the said J. A. his Executors, Administrators or Assigns, procure and cause such other sufficient and able person or persons to become bound, and enter into Bond unto the said J.A. his Executors, Administrators or Assigns, by Obligation in due form to be made for the same pay­ment of the said yearly sum of, &c. for and during so many years as shall be then to come and unexpired of the said term of twenty one years, and with the like clause for putting in other new Sure­ties, as herein is expressed, as shall be of sufficient ability to answer and pay the sum of money, wherein he or they shall so stand bound, if the same should be forfeited: That then, &c.

A Condition to save harmless from Legacies.

THe Condition, &c. That if the within bound W. W. his Heirs, Executors and Administrators, and every of them, do and shall from time to time, and at all times hereafter, clearly ac­quit, exonerate and discharge, or otherwise well and sufficiently save and keep harmless the within named B.F. his Heirs, Execu­tors and Administrators, and every of them, and his and their Goods, Chattels, Lands, Tenements, Possessions and Heredita­ments, and every of them, as well against the Children of R. E. late of, &c. deceased, their Executors, Administrators and Assigns, [Page 184]and every of them, as also against all and every other person or persons whatsoever, of, for, from and concerning all and all manner of Gifts, Legacies, Childrens Portions, sum and sums of Money, and Bequests whatsoever, given and bequeathed unto them, and every or any of them, in and by the last Will and Testament of the said R. E. or otherwise, and of and from all Actions, Suits, Costs, Judgments, Extents, Executions and Demands whatsoever, which shall or may at any time hereafter happen to arise, come or grow, to, for of against the said R. F. his Executors, Administrators and Assigns, or any of them, upon or by reason of the same: That then, &c.

A Condition not to molest, sue or trouble for any matter or cause before past.

THe Condition, &c. That if neither the within-bound A. B. his Executors, Administrators or Assigns, or any other per­son or persons, for him or them, or in his or their name or names, do not at any time or times hereafter, molest, sue, vex or trouble the within-named C. D. his Executors or Administrators, or any of them, by any manner of wayes or means whatsoever, for, upon or by reason of any matter or cause whatsoever had, made, moving or depending between the said Parties, from the beginning of the world, until the day of the date within-written: That then, &c.

A Condition to seal a Counter-part of an Indenture by a day.

THe Condition, &c. That if one A. B. of, &c. shall on this side, and before the first of, &c. seal and subscribe to the Counter-part of one Deed indented, bearing date, &c. made be­tween the within named W. M. of the one part, and the said A.B. of the other part: and the same so sealed and subscribed, to deliver as his proper act and deed, to the onely use and behoof of the said W. M. and also the said Counter-part of the said Deed indented, so sealed, subscribed and delivered by the said A. B. in manner and form aforesaid, do on this side, and before the, &c. then next, ensuing, deliver or cause to be delivered unto the said W. M. his Heirs or Assigns, whole, uncancelled and undesaced, at or, &c. That then, &c.

A Condition for acknowledgment of a Fine.

THe Condition, &c. that if the above-bounden G. S. and A. his Wife, do and shall at and before the, &c. next ensuing the date within-written, at the Costs and Charges in the Law of the within-named R. P. his Heirs or Assigns, before the Justices of the Court of Common-Pleas at Westminster, acknowledge and levy one Fine, Sur conusans de droit comme ceo ont de ils done, &c. unto the said R. P. his Heirs, &c. with Proclamation according to the Laws and Statutes of this Realm in that behalf provided, of all those Messuages, Lands, Tenements and Hereditaments, with the appurtenances, lying and being in P. in the County of E. which by one Deed indented, bearing date with these presents, are mentioned to be bargained and sold by the said G. S. to the said R. P. his Heirs, &c. and every part and parcel thereof, to the only use and behoof of the said R.P. and of his Heirs and Assigns for ever, according to the true intent and meaning of the same Deed, as by the said R. P. his Heirs or Assigns, or by his or their Coun­cil learned in the Law, shall be reasonably devised and required: That then, &c.

A Condition to deliver an Obligation by a day.

THe Condition, &c. That whereas the within-named T. M. by his Obligation bearing date, &c. and standeth bound unto the within-bounden P. F. in the sum of 100 l. with Condition, &c. as by the same Obligation may appear, if therefore the said P. F. his Executors, Administrators or Assigns, do or shall on or before the, &c. next ensuing the date within-written, deliver or cause to be delivered unto the said T. M. his Executors, Admini­strators or Assigns, the said recited Obligation cancelled or to be cancelled; That then, &c.

A Condition to pay Money during life.

THe Condition, &c. that if, &c. W. W. his Executors, Admini­strators or Assigns, or any of them, do or shall yearly, for & du­ring the natural life of A. W. of, &c. well and truly pay of cause to be [Page 186]paid unto the within-named W. M. his Executors, Administrators or Assigns, for and towards the maintenance of the said A. the sum of, &c. at or in, &c. on four dayes in every year: That is to say, on the, &c. by even and equal portions, the first payment thereof to be made and begin on the, &c. next ensuing the date within-written, he the said W. W. his Executors, Administrators or As­signs, every such payment, sealing and delivering to the said W.W. his Executors, Administrators or Assigns, to his and their use, a sufficient acquittance and discharge in writing under his Hand and Seal of the money so paid, and so from time to time received; That then this, &c.

A Condition to assign over a Lease by a day.

THe Condition, &c. that if, &c. J. W. in consideration of 300 l. to him in hand paid by the within-named P. C. do and shall on this side, and before, &c. next ensuing the date with­in-written, at the Costs and Charges in the Law of the said P. C. his Executors, Administrators or Assigns, by good conveyance and assurance in the Law, grant, convey and assure unto such person and persons as the said P. C. shall nominate and appoint; as well one Indenture of Lease made by and from A. B. to the said J. W. bearing date, &c. and all Lands, Tenements and Hereditaments therein and thereby demised and granted, as also all the Estate, Right, Title, Interest, Rent, Reversion, Property, Claim and De­mand whatsoever of him the said J. W. of, in or to the premises, clearly discharged of all Incumbrances whatsoever, done or to be done by the said J. W. or any by his means, consent or procure­ment, except one Lease heretofore made by the said J. W. to one T. T. of the premises, whereupon the yearly Rent of 100 l. is reserved, which said yearly Rent shall or may from henceforth be paid to the said P. C. or such person or persons as he shall name or appoint during the continuance of the said Lease; and if the said J. W. do and shall permit and suffer the said P. C. and his assigns, from time to time, and at all times hereafter, to have, receive and take the Rents, Issues, and Profits of the premises, without the let or denial of the said J. W. or his Executors: That then, &c.

A Condition for quiet enjoying of a Messuage.

THe Condition, &c. that if the within-named J. M. his Heirs and Assigns, and every of them, shall and may for ever from henceforth peaceably and quietly have, hold, use, occupy, possess and enjoy all that Messuage or Tenements, and Lands, scituate, lying and being in, &c. and every part and parcel thereof, mentio­ned to be bargained and sold by the within bound R. W. to the said J. M. in and by a certain Indenture of Bargain and Sale, bear­ing date the day of the date within-written, made between the within bound R. W. and A. his wife on the one part, and the above-named J. M. on the other part, clearly discharged or other­wise sufficiently saved and kept harmless, of and from all and all manner of Estates, Titles, Troubles, Charges and Incumbrances whatsoever, or any time heretofore had, made, committed, per­mitted, suffered or done by the said R. W. and A. his wife, or either of them, or by his or their means or procurement. That then, &c.

A Condition not to do any act to prejudice the Estate of the Obligee in a Lease, &c.

THe Condition, &c. That if the within-bound R. R hath not done, nor that he, his Executors or Administrators, at any time hereafter, shall wittingly or willingly do, or assent unto any manner of act or acts, device or devices whereby or by reason whereof, the interest, estate and term of years, which the within­named H. B. hath of, in or to any the Messuages, Lands, Grounds, Tenements or Hereditaments, called, &c. or any part or parcel thereof, is, or shall be alienated, bargained, sold, assigned, deter­mined, avoided or incumbred, or whereby one Obligation or Deed obligatory, bearing date the, &c. last past before the date within-written, is or shall be discharged, released and made void, or lose any manner of force or strength, except it be by and with the assent, consent and agreement of the within-named H. B. his Executors or Administrators, wherein one R. A. Citizen, &c. standeth bound to the said R. R. in the sum of, &c. with a certain condition thereupon endorsed, touching the Messuages, Lands and Tenements called, &c. as by the same may appear: That then, &c.

A Condition to pay Rent during a Lease parol, and at the end to depart, leaving the Goods and Houshold-stuff mentioned, &c.

THe Condition, &c. That whereas the above-named T. L. hath by Lease parol set and to farm-let to the above-bound T. D. all that Capital Messuage, &c. for the term of, &c. to be reckoned and accounted from the, &c. at and for the yearly Rent of, &c. of lawful, &c. payable in form following: that is to say, on the, &c. If therefore the said T. D. his Executors, Administrators, Under-Tenants or Assigns, or any of them, do well and truly pay, or cause to be paid unto the said T.L. his Executors, Administrators or Assigns, the said yearly Rent or Sum of, &c. in manner and form, as is before expressed. And also if the said T. D. his Exe­cutors, Administrators, Under-Tenants and Assigns, do at the end and expiration of the said term of, &c. to be reckoned as afore­said, depart out of the said house, and leave the possession thereof, and other the premises, and leave behind him all such Locks, Keys, Bolts, Hinges, Doors, Easements, Glass, Glass-windows, Wain­scot, Dressers, Shelves, and other things as now do belong or ap­pertain to the said Messuage, &c. or which at any time hereafter, during the said term, shall be set up, placed, made or provided in or about the same premises, at the Costs and Charges of the said T. D. unto the said T. L. his Executors, Administrators or Assigns, that then, &c. But if the default be made in payment of the said Rent of, &c. in manner and form above declared, or if the said T. D. his Executors or Assigns, shall not perform the other Clau­ses and Agreements herein contained, without fraud or coven: That then, &c.

A Condition that he shall enjoy quietly the aforesaid Messuage without in­terruption of any, during the said Lease parol.

THe Condition, &c. That whereas the above-bound T. L. hath the day of the date above-written by Lease parol, de­mised and to farm-letten unto the above-named T. D. all that Capital Messuage, &c. for term of, &c. to be accounted from the, &c. and for the yearly Rent of, &c. And whereas the said T. D. by his Obligation bearing date the day of, &c. with condition there-under written for payment of the said Rent or Sum of, &c. and performing other clauses and things in such manner and form, [Page 189]as in the said Condition is mentioned, as in and by the Obligation and Condition before mentioned may more at large appear. If therefore the said T. D. his Executors, Administrators, Under-Tenants and Assigns, and every of them, shall or may from time to time, and at all times during the said term of, &c. lawfully, peaceably and quietly have, hold, use, occupy, possess and enjoy all that the said Capital Messuage, &c. and appurtenances thereunto belonging, in as full, large and ample manner, as he the said T. L. had, used or enjoyed the said premises, without any let, suit, trou­ble, interruption or disturbance of the said T. L. his Executors, Administrators or Assigns, or of any other person or persons by his or their means, act, consent, title, interest, privity or procure­ment; That then, &c.

A Condition where Money is given by a Will to a Wife and her Children, and the Money being paid by the Executor to the Husband of the Wife, to be imployed for their Benefits, the Husband is bound to imploy it well, or to repay it, &c.

THe Condition, &c. That whereas T. H. of, &c. Gentleman, deceased, did by his last Will and Testament in writing, give and bequeath unto M. one of the Daughters of E. H. and now the wife of the above-bound J. S. the sum of, &c. and the sum of, &c. to the four Children of them the said J. and M. which said sum of, &c. together with the said sum of, &c. more, the above-named H. H. and W. H. have at and before the ensealing and delivery of this present Obligation, paid and delivered unto the said J. S. to be by him imployed in stock, for the benefit and ad­vantage of the said M. and the said four Children. If therefore the said J. S. do and shall from time to time, and at all times here­after, use his best skill and endeavor to manage and imploy the said, &c. in a stock for the best benefit and advantage of the said M. and her said four Children. And if the said J. S. do not, nor shall not imploy the said, &c. in good manner as the same ought to be, according to the true intent and meaning hereof: Then if the said J. S. do within six moneths next after request to him made in that behalf by the said H. H. and W. H. or either of them, their or either of their Executors, Administrators or Assigns, for the use and be­hoof of the said M. and her said four Children, pay unto the, &c. the full sum of, &c. or the full worth or value thereof, in good and va­luable Goods and Chattels, without fraud or coven: That then, &c.

A Condition to save harmless an Executor, he not medling with the Executorship.

THe Condition, &c. That whereas W. H. late of, &c. by his last Will and Testament in writing, did nominate and appoint the within-named J. L. and others, Executors of his said Will: since which time the said J. L. is become sole Executor of the said Will. And whereas the said J. L. hath not at any time or times intermedled with, had taken or received any of the Debts, Goods, Housholdstuff, Plate, Chattels or Hereditaments, of or belonging to the said W. H. but that the same have been equally divided and distributed to and amongst the, &c. part and part alike. And forasmuch as the, &c. did of their own accord satisfie and pay such Debts, Duties and Legacies, as the said W. H. did owe, give and bequeath, and had and received the acquittances for the same, without the consent of the said J. L. If therefore the said, &c. and every or any of them, their Executors, Administrators and Assigns, and every or any of them, do and shall from time to time, and at all and every time and times hereafter, freely and clearly acquit, exonerate and discharge; or otherwise, upon request made, well and sufficiently save and keep harmless and indempnified the said J. L. his Executors, Administrators and Assigns, and his and their Goods, Chattels and Hereditaments, and every of them, of and from all sum and sums of Money, Bills, Bonds, Debts, Duties and Demands whatsoever, which shall or may at any time or times hereafter, happen to be demanded or recovered of and from the said J. L. his Heirs, Executors, Administrators, or any of them, for or by reason of the Executorship of the said last Will and Testament, and of and from all Actions, Suits, Troubles, Costs, Charges and Demands whatsoever, which shall or may happen, arise or grow, for or by reason of the same premises, without fraud or coven: That then, &c.

A Condition to discharge an Executor from an Orphans portion in London, being received without consent.

THe Condition, &c. That whereas A. H. Spinster, one of the Daughters of W. H. late of, &c. deceased, hath taken and received the full third part of the sum of, &c. Which he the said [Page 191]W. H. left in his house at the time of his decease, his several Char­ges, Debts and Legacies, being paid and discharged out of the said sum of, &c. And her full fourth part of all the Goods, Plate, Chat­tels, Utensils, and Implements of Houshold, as were belonging unto the said W. H. at the time of his decease, and also her full fourth part of the sum of, &c. which was paid upon Bond due from, &c. For all which said sums of Moneys, Plate and Goods, the within bound R. H. and R. A. have hereby undertaken to ac­quit, discharge and save harmless the within-named R. M. his Exe­cutors, Administrators and Assigns. If therefore the said R. H. and R. A. or either of them, their or either of their executors, admini­strators or assigns, do and shall from time to time, and at all times hereafter, clearly acquit, exonerate and discharge, or otherwise upon request made, well and sufficiently save, keep harmless and indempnified the within-named R. M. his executors, administra­tors and assigns, and his and their Goods, Chattels and Heredita­ments, and every of them, as well against the Officers of the City of London, for the Court of Orphans, and every of them, and against all and every other person and persons whatsoever. As also of and from all actions, suits, costs, losses, charges, sum and sums of money, and demands whatsoever, which shall or may at any time or times hereafter happen to arise or grow, or to be demanded or recovered of and from the said R. M. his executors, administra­tors or assigns, or any of them, for or by reason of the same several sums of Money and Houshold-stuff so by the said A. H. had, taken and received, as aforesaid, and every of them, without fraud or co­ven; That then, &c.

A Condition for an hired Servants truth.

THe Condition, &c. That whereas the above-named H. H. hath taken and received into his Service the above-bound T. K. If therefore the said T. K. do and shall at all times hereafter, and from time to time, during so long time as the said T. K. shall dwell with the said H. H. well and truly serve the said H. H. his Master, without consuming, imbeazling, wasting, losing, mis­pending, or unlawfully making away any of the Money, Plate, Goods and Chattels of the said H. H. his Master, or any person or persons whatsoever, which shall be committed to his charge and custody, by reason of his said Service. And if the said T. K. shall by negligence or otherwise consume, imbeazle, waste, lose, [Page 192]mis-pend, or unlawfully make away any Moneys, Plate, Goods and Chattels of the said H. H. his Master, or any other person or persons whatsoever, that shall be committed to his Charge and Custody, by reason of his said Service, as aforesaid: Then if the said T. K. the above-bound P. W. and J. K. or any of them, their or any of their Executors, Administrators or Assigns, or any of them, do and shall within three moneths next after the due proof thereof, either by the confession of the said T. K. or otherwise howsoever; and notice or warning thereof given or left at or in, &c. in writing, or otherwise, unto or for the said P. W. and J. K. or either of them, make sufficient recompence, satisfaction and payment unto the said H. H. his Executors, Administrators or Assigns, for the said Moneys, Goods, Chattels, so consumed or imbeazled as aforesaid; Then this present Obligation to be void and of none effect, or else, &c.

A Condition to pay Rent reserved upon a Lease.

THe Condition, &c. that if the within-bound K. H. his Exe­cutors, Administrators and Assigns, or some of them, do well and truly pay, or cause to be paid unto the within-named D. F. and J. S. and the Heirs and Assigns of the said J. All that yearly Rent reserved and payable unto the said D. F. and J. S. and unto the Heirs and Assigns of the said J. upon and by vertue of a cer­tain pair of Indentures of Lease, bearing date the day of the date within-written, made between them the said D. F. and J. S. on the one part, and the said R. H. on the other part, at such dayes and times, by such equal and quarterly portions, and in such man­ner and form during all the said term thereby granted, as the same in and by the said Indenture is limited and appointed to be paid, without fraud or coven: That then, &c.

A Condition to discharge Executors from the payment of Legacies to Non-age.

THe Condition, &c. That whereas M. H. Widow, by her last Will and Testament bearing date, &c. did give and be­queath unto three Sons of M. T. Widow, the sum of, &c. a piece to each of them. And whereas also the within-named T. P. at and before the day of the date within-written, hath paid unto [Page 193]the within-bound R. M. to and for the use of the said three Sons of M. T. Widow, (viz.) J. H. and M. the said sum of 300 l. given unto them by the said M. H. deceased. If therefore the said R. M. his Executors, Administrators or Assigns, do well and sufficiently save and keep harmless and indempnified the said T. P. and R. E. Executors of the said last Will and Testament, and ei­ther of them, their and either of their Executors, Administrators and Assigns; as also their and either of their Goods, Chattels, Lands, Tenements and Hereditaments, as well against the said I. H. and M. and every of them, as against all other person and persons whatsoever, of, or concerning the said Legacy of, &c. apiece, to them the said I.H. and M. given and bequeathed as aforesaid. And also do obtain and get sufficient and lawful releases and acquittances, or other discharges from them the said J. H. and M. and every of them respectively, as they shall attain their full ages of twenty years, or within three moneths next ensuing their said full ages of, &c. respectively to be made unto the said T. P. and R. F. their Executors, Administrators or Assigns, purporting discharges for their said Legacies given and bequeathed as afore­said, without fraud or coven: That then, &c.

A Condition to save harmless from a Letter of Attorney.

THe Condition, &c. That if the above-bound A. C. his Exe­cutors, Administrators or Assigns, or some of them, do and shall from time to time, and at all and every time and times for ever hereafter, acquit, discharge, save, defend and keep harmless and indempnified the above-named R. N. his Executors, Admini­strators and Assigns, and his and their Goods, Chattels, Lands, Tenements and Hereditaments, and every of them, of, and from all and all manner of Actions and Suits, Costs, Charges, Troubles, Losses and Detriments whatsoever, which shall or may at any time or times hereafter, arise, happen or be, unto, for, or against the said R. N. his Executors, Administrators or Assigns, for, concerning, or by reason of one Letter of Attorney, bearing date the day of the date above-written, which the said A. C. hath sealed and delivered unto the said R. N. or any Suit or Suits commenced, or to be commenced by vertue thereof. And also if the said A. C. his Exe­cutors, Administrators or Assigns, do or shall, upon re quest to him or them to be made, well and truly pay, or cause to be paid unto the said R. N. his Executors, Administrators or Assigns all such [Page 194]sum and sums of Money as the said R. N. his Executors, Admini­strators or Assigns, shall be compelled to disburse or lay out, for or by reason of any Suit or Suits, arrests, or other things whatso­ever, concerning the premises: That then, &c.

A Condition to pay Money at the expiration of an Apprentiship.

THe Condition, &c. That whereas M. C. Daughter of, &c. by her Indenture of Apprentiship bearing date with these pre­sents, hath put her self an Apprentice unto the within-bound J. S. and L. his Wife, and with them to dwell and serve, as their Appren­tice, from the Feast of, &c. unto the end and term of, &c, from thence next ensuing, and fully to be compleat and ended, as by the same Indenture of Apprentiship more at large appeareth. And whereas also the within-named I. P. the day of the date hereof, hath lent, disbursed and delivered to the said I. S. the sum of 20 l. of, &c. to occupy as a stock during the term. If therefore the said I. S. his Heirs, Executors, Administrators or Assigns, or any of them do well and truly pay or cause to be paid unto the said M. C. or her assigns, the full sum of, &c. at the full end and expiration of the said term of seven years, or at the day of the Marriage of the said M. which of them shall first and next happen to be or come after the date hereof, without fraud or coven: That then, &c.

A Condition of an Obligation, wherein one Executor stands bound to ano­ther to do his diligence in the execution of a Will, and from time to time to give a just account.

THe Condition, &c. That whereas I. B. of, &c. Gentleman, hath named and appointed the within-bounden T. A. to be one of his Executors, together with the within-named G. B. If therefore the said T. A. do from time to time, and at all times hereafter, use his utmost diligence and endeavour for the true exe­cution of the said last Will and Testament, according to the trust in him reposed by the said I. B. do also from time to time yearly, until the said last Will and Testament be fully and wholly fulfilled and performed, make by himself, or by some other lawfully au­thorized by him, a true account to the said G. B. at or in, &c. at any time between the first and last day of November yearly. And [...] upon he making up of every such account or accounts, the said [Page 195]T. A. his, &c. shall make delivery of the moyety and one half of all sums of Money, Goods and Chattels that the said T. A. his, &c. shall have in his or their Custodies, or shall have received by vertue of the said Executorship of the said last Will and Testa­ment of the said I. B. That then, &c.

A Condition that the Lessor shall pay Money back upon the Lessees dislike of a Farm.

THe Condition, &c. That whereas there hath been communi­cation between the within bound T. B. and the within-named P. C. for and concerning one Farm, called A. in the County of S. now in the Occupation of the said T. B. to be granted by the said T. to the said P. for the term of six years. If in case the said P. C. shall mislike to proceed in the same, and of such misliking to give notice to the said T. B. before the last day of, &c. next ensu­ing, at the Messuage of the said Farm. Then if the said T. B. his Executors, &c. do within three dayes next after such notice of misliking given, well and truly pay, or cause to be paid to the said P. not only the sum of 61. of, &c. to him the said T. delivered at the ensealing hereof, but also do pay or satisfie unto the said P. all such sums of money and other things as the said P. hath, or be­fore that time shall have paid or be at, for the sowing and manu­ring of the said Farm, or any part thereof: That then, &c.

A Condition for building and setting up a Farm or a House.

THe Condition, &c. That if the within-named E. W. his executors, administrators or assigns, do at his and their own Costs and Charges, on this side, and before the Feast of, &c. next coming after the date above-written, not only well work, and sub­stantially erect, build and set up, or cause to be erected, built and set up one good and substantial new frame or building, of good, new, sufficient and well-soasoned Timber of heart of Oak, to serve for the Plat or Foundation already set forth or made within the Messuage or Inn, called or known by the name or sign of the Ship, in the Parish of Saint Clements Danes, in the County of Middlesex, which shall contain from the West towards the East, forty Foot of Assize, and in breadth from North to South, twenty five Foot of Assize, and with part thereof, which shall extend [Page 196]from the South-part of the measure before-mentioned towards the South, shall continue in length twenty Foot, and in breadth eigh­teen Foot and twelve Inches: All which said building shall con­tain in height three Stories and an half, and every Story to contain in the height seven Foot of Assize at the least: But also do, before the said Feast of, &c. at his like Costs and Charges, fit and furnish the same Building with Floors boarded, Doors, Stairs, Pent-houses, and other things pertaining to, or being Carpentary work, with sufficient Nails for the same, & Hooks and Hinges for all the Doors: in which said Building there shall be such and so many stairs as the within-named P. G. shall appoint, and to be set in such place and places as the said P. shall nominate; and there shall be in the Sto­ries extending West and East, partitions, and three several Rooms; and in every Room one imbowed Window, with such and so many clear Windows as the said P. shall appoint, and in every of the Stories of the Building, extending from North to South, one Partition, and one Room, in every of which Room there shall be one imbowed Window: all which to be well and sufficiently fini­shed, as aforesaid, before the said Feast, &c. next coming. That then, &c.

A Condition to save Three harmless which are bound for One by Recogni­zance to the Chamber of London for Orphans money.

THe Condition of this Recognizance is such, That whereas the within-named J. C. J. L. and W. G. at the instance and re­quest of the above-bound E. K. together with the said E. K. in the Inner-Chamber of the Guild-hall of the City of London, are become joyntly and severally bound unto R. B. Chamberlain of the City of London aforesaid, and to his Successors Chamberlains of the same City, in the sum of 350 l. of, &c. with condition amongst other articles in the said Recognizance specified, for the true payment of 300 l. of like money unto the said Chamberlain, or his Successor, to the use of E. and J. Orphans of T. B. late Citizen and Grocer of London, deceased, at such time as they or either of them, shall accomplish their several ages of twenty one years, as by the said Recognizance and Condition thereof more at large may appear. If therefore the said E. K. his Heirs, Exe­cutors or Administrators, do from time to time, and at all times hereafter, discharge, exonerate, acquit, or otherwise well and sufficiently save and keep harmless the said J. C. J. L. and W. G. and every of them; and the Heirs, Executors and Administrators [Page 197]of them, and every of them, and all and singular the Lands, Te­nements and Hereditaments, Goods and Chattels of them, and every of them, against the said Chamberlain and his Successors, and against all and every other person or persons whatsoever, of, for and concerning the said Recognizance and all and singular sums of money, penalties, forfeitures, and things whatsoever, in the said Recognizance, or condition thereof, or either of them, contained or specified: and also of, for and concerning all and sin­gular Actions, Suits, Judgments, Extents, Executions, Molestati­ons, Costs, Charges, Troubles, Incumbrances and Demands what­soever, which shall or may arise, grow, happen or be, by reason or means of the said Recognizance. And also if it happen the said E. K. before the said sum of 300 l. be fully paid to the said Chamber­lain, or his Successors, according to the tenour and purport of the said condition of the said Recognizance, to decease, or by any means to come to poverty and insufficiency of himself, to his goods and chattels, out of the liberties of the City aforesaid, to absent, withdraw or purloyn: Then if the said E. K. his heirs, executors or administrators, within six moneths next after such decease, coming to poverty and insufficiency, or such withdrawing, absenting or re­taining himself, or his Goods or Chattels out of the liberties of the City aforesaid, or upon reasonable request, do make true payment unto the said Chamberlain or Successors, of the said sum of 300 l. to the use aforesaid: and then also within the same six moneths, or upon such request, as aforesaid, do cause and procure the said Re­cognizance, and all Extents and Executions of the same, to be clear­ly and lawfully discharged and made void: That then, &c.

A Condition from the under-Sheriff to a High-Sheriff for saving harmless.

THe Condition, &c. That whereas the above-named Sir M. G. Knight, Sheriff of the County of B. hath assigned and deputed the above-named R. B. his Under-Sheriff: If therefore the said B. N. the above-bound C. R. and G. D. their Heirs, Exe­cutors and Administrators, and every of them, do at all time and times hereafter, save and keep harmless and indempnified, as well the said Sir M. G. his Heirs, Executors, Administrators and As­signs, and every of them, as also the said Lands, Tenements, Hereditaments, Goods and Chattels of the said Sir M. G., of, for, touching or concerning the returns, and executions [...] all such [Page 198]Process, Writs and Warrants of what nature soever they be, as are or shall be hereafter directed to the Sheriff of the said County of B. and shall be brought and delivered, or offered to be delivered to the said B. N. during the term that the said Sir M. G. shall be Sheriff of the said County: And of and from all Issues, Fines and Amer­ciaments, which shall happen to be imposed or taxed upon the said Sir M. G. for or concerning the not executing, wrongful execute­ing, or detaining in his hands, any Writs, Process or Warrants; and of, for and concerning all Escapes of all and every person or persons that shall be arrested or apprehended by vertue of any such Process, Writ or Warrant; during the time that the said Sir M.G. shall continue Sheriff of the said County of B. And also if the said B. N. C. R. and G. D. their Heirs, Executors and Administra­tors, and every of them, shall save harmless and indempnified the said Sir M. G. and his Heirs and Assigns, and his and their Lands, Goods and Chattels of, for and concerning all such accompt and accompts, as the said Sir M. G. is and shall be charged withall, as Sheriff of the said County of B. to our Soveraign Lord the King, his Heirs or Successors, in any of His Majesties Courts, and of all sums of money which shall be levied or received by the said B. N. as Under-Sheriff of the said Sir M. G. or any Bayliff, or other person by the direction or assent of the said B. N. to the use of the Kings Majesty, his Heirs or Successors. That then, &c.

A Condition to save harmless a Surety from a Bond of Arbitrement.

THe Condition, &c. That if the above-bound A. D. his Exe­cutors and Administrators, or any of them, do and shall from time to time, and all times hereafter, well and sufficiently save and keep harmless and indempnified the above-named G. M. his Heirs, Executors and Administrators, and his and their Lands, Tenements, Goods, Chattels and Hereditaments, of, for, from and concerning one Obligation bearing date the day of the date above-written, wherein the said G. M. at the request of the said A. D. is and standeth bound unto R. M. Gentleman, in the sum of 100 l. with Condition there-under written, that the said A. D. abide the award of W. M. and T. B. Esquires, Arbitrators, and of and from all Actions, Suits, Arrests, Costs, Charges and Demands whatsoever, concerning the premises, without fraud or coven: That then, &c.

A Condition, if money be not paid at the day, then to surrender certain Copy-hold Lands, &c.

THe Condition, &c. That if the within-bound B. L. do not, or shall not well and truly pay, or cause to be paid unto the within-named J. P. his Executors, Administrators or Assigns, the full sum of, &c. on the, &c. next ensuing the date within-written, at, &c. according to a Proviso or Condition mentioned in a Deed or Surrender, bearing date the day of, &c. Then if the said E. L. and A. his wife, do and shall at the next Court to be holden for the Mannor of, &c lawfully and absolutely surrender into the hands of the Lord of the said Mannor, to the only use and behoof the said J. P. his Heirs and Assigns for ever, according to the custom of the said Mannor, the said several parcels of Land, with their and every of their appurtenances in the said Surrender mentioned. And also if the said J. P. his Heirs or Assigns, shall or may peace­ably and quietly have, hold and enjoy the said parcel of Land, and every of them, with their and every of their appurtenances so sur­rendred, as aforesaid, freely and clearly acquitted of and from [...] and all manner of former and other Surrenders, Bargains, [...] Gifts, Grants, Troubles and Incumbrances whatsoever, and of and from the Thirds of the said M. now of the said J. P. That then, &c.

A Letter of an Attorney, or an Assignment to receive and keep money due upon a Bond, wherein is a forfeiture, or nomine poenae upon discharge without consent.

TO all Christian people, &c. I W. S. of, &c. send greeting in our Lord God everlasting. Whereas B. S. of, &c. and R. B. of, &c. by one Obligation bearing date, &c. Anno Domini, 1647. are and stand joyntly and severally bound unto the said W. S. in the sum of, &c. with condition there-under written, for the true delivery of forty six Quarters of Rye, as by the said Obliga­tion with condition, more at large appeareth. Now know ye, That I the said W. S. as well for and in consideration that the Ob­ligation was made in the name of me the said W. S. only in trust, for the use of R. S. of, &c. as for divers other good Causes and Considerations me hereunto moving, have given, granted, assigned [Page 200]and set over, and by these presents do give, grant, assign and set over unto the said R. S. his Executors and Assigns, as well the said Obligation and Sum of, &c. therein mentioned; as also all my right, action and demand to and in the same: Giving, and by these presents granting unto the said R. S. by vertue hereof, my full and whole power and authority, for me, and in my name, but to the only use of the said R. S. his Executors and Assigns, to demand, ask, levy, recover and receive of the said R. S. and R. B. and of either of them, their Executors or Assigns, the said sum of, &c. mentioned, and due by the said Obligation, and to use all lawful wayes and means for the recovery thereof: and the same so had and received, to detain and keep to his own use and behoof, with­out any account thereof, or therefore to be rendred. And I the said W. S. do covenant and agree, that for any act or acts, thing and things whatsoever by me, or by any other heretofore by my appointment done or committed, or hereafter to be done or com­mitted, the said Obligation now is, and hereafter shall stand and continue in full force and effect, and that neither I the said W. S. my Executors or Assigns, shall nor will acquit, release, or other­wise discharge the payment or delivery of forty six Quarters of Rye, to the condition of the said Obligation mentioned, without the special licence, consent and agreement of the said R. S. his Executors or Assigns, first had and obtained in writing, under his or their Hand and Seal. And to the true performance of all and every the Articles and Agreements hereby expressed on the part of me the said W. S. to be done and performed, I bind me, my Heirs, Executors and Administrators by these presents, in the sum of, &c. (nomine poenae) to be forfeited and paid unto the said R. S. his, &c. In witness, &c.

A Letter of Attorney to receive Rents.

TO all, &c. I E. D. of, &c. send greeting, &c. Know ye, That I the said E. D. for divers good causes me hereunto moving, and especially for the trust and confidence which I have and do re­pose in C. K. of, &c. have made, ordained, constituted and invest­ed, and in my place and stead by these presents, have put the said C. K. to be my lawful Attorney, for me and in my name, and to the use and behoof of me the said E. D. my Executors, Administra­tors and Assigns, to ask, demand, levy, recover and receive of G. H. of, &c. the sum of, &c. for one half-years Rent of and for the Mannor of B. in the County of, &c. due at the Feast of, &c. last [Page 201]past, before the date hereof: Giving, and by these presents granting unto my said Attorney, by vertue hereof, full power and absolute authority, for me, and in my name, and to and for my use, benefit and commodity, to ask, levy, recover, receive and demand of the said H, G. his Executors, Administrators and Assigns, the said Rent or Sum of, &c. due and payable, as aforesaid. And upon the receipt thereof; or any other agreement on that behalf had and made, for me, and to my use, to make, seal and deliver, for me, and in my name, and as my Deed, all and every such acquittance and acquit­tances, or other discharges, as to the said C. K. shall be thought meet and convenient to be given: And to do, follow, execute and finish for the receipt and recovery thereof, all and every such act and acts, thing and things, device and devices, as to the said C. K. shall be thought fit and convenient, ratifying, allowing, confirming and approving all and whatsoever my said Attorney shall lawfully do, or cause to be done in or about the premises by these presents. In witness, &c.

A Letter of Attorney to demise, survey or sell a Mannor.

TO all, &c. Know ye, That we the said G. S. and E. M. for divers good causes and considerations us hereunto especially moving, Have made, ordained, constituted, and in our place and stead, put and authorized R. N. and H. B. or either of them, our true, sufficient and lawful Attorney and Attorneys, for us, and in our names, and for the use of us the said G. S. and E. M. to enter into all those the Mannors of W. T. and J. with their rights, mem­bers and appurtenances in the County of C. and in the advowsons of or belonging to them, or any or either of them, and into every part and parcel thereof: and the same Mannors, or either or any of them, for us, and in our names to view and survey; And by these presents, for us, and in our names, do give full power and authority to the said R. N. and H.B. and to either of them, to be our Steward or Stewards of our said Mannors, and either of them, and to keep such Court and Courts of Survey, and other Court-leets, and Law-days, of and upon the said Mannors, or any of them, as our said Attorneys, or either of them shall appoint, or shall be by them, or either of them thought fit: And the same Mannors, and every and any of them, for us, and in our names to bargain, sell, lease or grant to such person and persons, and for such estates, for life or lives, inheritance, or otherwise, and for such Sum and Sums of Money, as to our said Attorneys, or either of the [...] I shall be [Page 202]thought meet and convenient, to the uttermost and best commo­dity and profits of us the said G. S. and E. M. and the Deed and Deeds of the same Grant, and Estates so to be made, for us and in our names, to seal, and as our Deed or Deeds, to deliver unto the Parties to whom the same shall be so made, or to any other to their use and uses, and the counterparts of the same, for us and in our names, to accept and receive: And also all such Fines, and other sum and sums of Money, as shall grow due for the same, for us and in our names, and to the use of us the said G. S. and E. M. to collect, gather, receive and take, and all such Rents, Duties, Heriots, arrerages of Rents, and profits of Courts, as are already, or hereafter shall be due or payable, for, out of or concerning the premises, or any of them. to receive: Giving, and by these pre­sents granting to our said Attorneys, and either of them, our full power and lawful authority, touching and concerning the premi­ses, to do, execute, proceed and finish in all things, in as ample manner and form, to all intents and purposes, as we the said G. S. and E. M. or either of us, might or ought to do, if we, or either of us, were then and there personally present: And ratifying and allowing all and whatsoever our said Attorneys, or either of them, shall do in or about the premises, or any of them, according to the true intent and meaning of these presents. In witness, &c.

A Letter of Attorney to deliver a Lease upon the Land.

TO all, &c. I J. M. of, &c. Whereas I the said J. M. have subscribed and sealed one writing, bearing date with these presents, and hereunto annexed, purporting a Demise unto W. W. of, &c. of all that the Mannor of G, with the appurtenances, in the County of Y. and of one Messuage, 300 acres of Land, 100 acres of Meadow, 200 acres of Pasture, and 100 acres of Wood, with the appurtenances in C. aforesaid, now or late in the Tenure or Occupation of W. C. his Assignee or Assignees: To have and to hold the said Mannor, and all other the premises, unto the said W. W. his Executors or Assigns, for the term of five years, under the yearly Rent of, &c. as by the said Deed indented may appear. Now know ye, That I the said J. M. for divers good Causes and Considerations me hereunto especially moving, have made, ordained, constituted and authorized, and in my place and stead by these presents, have nominated and put W. G. of, &c. my true sufficient and lawful Attorney, for me and in my name, [Page 203]into all that the said Mannor of C. and into the said Messuage. 300 acres of Land, 130 acres of Meadow, 200 acres of Pasture, and 100 acres of Wood, with the appurtenances, and into every or any part or parcel thereof, in the name of the whole to enter, and peaceable and quiet possession and seisin thereof, for me, and in my name, to take, and for every such possession and seisin there­of, or any part thereof, had and taken, as aforesaid, for me, and in my name, as my act and deed, to deliver unto the said W. W. or his certain Attorney, upon some part of the aforesaid premises, the said Writing or Deed indented, subscribed and sealed, as aforesaid; And all and every other act and thing requisite and necessary to be done in, about or concerning the premises, for me, and in my name, to do or cause to be done. In witness, &c.

A Letter of Attorney to keep Court.

KNow all men by these presents, That we P. L. and H. S. of, &c. do hereby authorize, constitute and appoint G. C. of, &c. Gent. our lawful Deputy and Attorney, for us, and in our names to appoint a Steward and Bayliff of and for our Mannor of B. and H. and by himself, or his sufficient Deputy, to and for our use, to keep Courts within the said Mannors, or either of them, and to give admittance upon alienation or death, & to take and receive Attornments of all and every the Tenants thereof, and to and for our use, to assess Fines upon such admittances, and for us, and in our names, and to our use, to receive the said Fines: and also such Heriots as shall be due upon such death or alienation, and like­wise to receive all Rents and arrerages of Rents, and also all Amerciaments, Perquisites and Profits, that shall arise or grow due to us, or any of the said Courts. We do also further autho­rize and appoint the said G. C. to gather, take up and seize to our use, all Wayfes, Estrayes, Deodands, Out-laws and Felons Goods, which shall happen to arise, be due, or fall within the said Mannors, or either of them.

Given under our Hands and Seals the, &c. In the, &c.

A Letter of Attorney to take possession of Lands newly purchased.

BE it known unto all men by these presents, That I J. H. Citi­zen, &c. have made, ordained, constituted, authorized and appointed, and by these presents do make, ordain, constitute, au­thorize and appoint, and in my stead and place by these presents, put T. C. of, &c. my true, sufficient and lawful Attorney, for me, and to my use, to take and receive peaceable and quiet possession and seizin of, and in all that Messuage or Tenement, and all and singular the Lands and Premises thereunto belonging, with the rights, members and appurtenances, situate, lying and being in, &c. lately bargained and sold by B. P. unto me the said J. H. and the same possession so had and taken, to detain and keep to the only use, and behoof of me the said J. H. my Heirs and Assigns, ac­cording to the tenour and true meaning of the Indenture, where­by the said premises are conveyed unto me, ratifying, allowing and confirming all and whatsoever my said Attorney shall lawfully do, or cause to be done, in or about the premises, by these presents. In witness, &c.

A Letter of Attorney, for a Steward of a Mannor to receive Rents, with authority to impound and distrain.

TO all, &c. I G. K. of, &c. send greeting in our Lord God everlasting. Know ye, That I the said G. K. for and in consideration of the special trust and confidence which I have and do repose in my well-beloved Friend C. P. of, &c. Gent. have made ordained, constituted, authorized and appointed the said C. P. my true, sufficient and lawful Attorney, for me, and in my name, stead and place, to the only proper use and behoof of me the said G. K. my Executors and Administrators, to collect, gather, de­mand and receive, of all, every or any my Tenants or Farmers, of all, every or any my Lordships, Mannors, Lands, Tenements and He­reditaments whatsoever, in the County of G. all and every such sum and sums of Money, Rents, arrerages of Rents, Amerciaments, Heriots, Fines, Issues and Profits whatsoever, as shall any wise grow due, accrue, be issuing or payable unto me the said G. K. out of all or any my said Lordships, Mannors, Lands, Tenements and Heredital [...]ents: And upon the receipt of all, every, or any such [Page 205]sum or sums of Money, Rents and Profits, for me, and in my name, to make and give acquittances, or any sufficient discharges to any of my said Tenants or Farmers, requiring the same. And the same sum and sums of Money, Rents, Issues and Profits so had and received, to pay and deliver to me the said G. K. my Execu­tors, Administrators and Assigns, and to be accomptable unto me the said G. K. my Executors and Administrators, from time to time, for all, every or any the said sum or sums of Money, so as asonesaid, by the said C. P. had, taken and received at the Feast of St. Michael the Archangel, next ensuing the date hereof, or before the end of Candlemas Term then next ensuing; and at the Feast of the Annunciation of the blessed Lady St. Mary the Virgin then next following; or before the end and expiration of Trinity Term then next ensuing, and so from time to time, at the Feasts and Dayes before prefixed, to give and make a true account or accounts to me, during the continuance of the power to him given and grant­ed, as aforesaid. And further, I do by these presents give full power and authority to my said Attorney, at any time hereafter, to elect and choose some one sufficient and able person to be Steward of my Courts of my said Mannors, &c. and also to place and displace at his will and pleasure, upon just occasion, any Bayliff, or other Of­ficer or Officers whatsoever, as occasion shall require; and also giving, and by these presents granting unto my said Attorney, full power and lawful authority, for me, and in my name, stead and place, and to my use, as aforesaid, for non-payment of all, every or any my said Rents, arrerages of Rents, Issues, Amerciaments and Profits, to distrain, impound, arrest, sue, implead and imprison all, every, or any my said Tenants or Farmers, which shall refuse to pay my said Attorney, all or any such sum and sums of Money, Rents, Issues and Profits, by them, or any of them, respectively due and payable unto me, as aforesaid, and the same persons again to discharge, acquit and release of and from the same, at his will and pleasure. And further, to do or cause, or procure to be done in and about the premises, all and whatsoever to the said C. P. shall seem requisite and needful to be done, as effectually, as if I my self were then and there personally present. And which, &c. so to be done, I do hereby covenant and grant, for me, my Heirs, &c. to justifie, aver and maintain, as fully and perfectly, to all intents, constructions and purposes, as though the same were actually done by my self. In witness, &c.

A Warranty of Attorney to confess a Judgment.

WHereas K. B. widow, of, &c. Executrix of the last Will and Testament of J. B. Esq hath sued out of the High-Court of Chancery, an Original Writ of Debt for Two hundred pounds, against me T. H. and J. W. of, &c. Esq and Sir R. B. of, &c. Knight, my Sureties, returnable this Trinity Term in the Court of Common-Pleas at Westminster: These are therefore to require you to appear for me, and my Sureties, and to make De­claration for us the said T. H. J. W. and Sir R. B. at the suit of the said K. B. and thereupon to confess a Judgment, either by non sum informat, nihil dicit, or otherwise, as you shall think fitting, and this shall be your sufficient warrant in that behalf. In witness, &c.

A Warrant to acknowledge satisfaction.

VVHereas in Trinity Term, in the Twentieth year of the Reign of our Soveraign Lord King Charles over Eng­land, &c. there was a Judgment had and obtained, in His Maje­sties Court of Common-Pleas at Westminster, against A. P. of, &c. for, &c. Debt and, &c. Damages and Costs, at the suit of, &c. These are to require you to acknowledge satisfaction upon the said Judgment, and this shall be your sufficient warrant for the same, In witness, &c.

Another Warrant to acknowledge satisfaction.

VVHereas I heretofore retained you my Attorney, in His Majesties Court of Kings Bench at Westminster, to sue, charge and implead R. E. upon several actions, and a Habeas Cor­pus depending against him, and whereas you thereupon further proceeded by my direction, to the recovery and entry of four se­veral Judgments, the one of 50 l. Debt, and 7 l. 10 s. and 8 d. Damages; another, &c. another, &c. and the other, &c. for that I have received full satisfaction from the said R. E. for and con­cerning all those actions, and several executions by you in my [Page 207]behalf obtained and entred against him, by force whereof he re­mains Prisoner in the custody of the Marshal of His Majesties said Court: These are therefore to will and require you to discharge those several actions, by search, or otherwise, out of the Entry-Book of the Marshal of that Court, or other declarations remain­ing on file there: And further, I do hereby direct and authorize you to acknowledge satisfaction upon Record, upon the several Judgments above specified, and all other Judgments chargeable against him for my satisfaction, and so to release his person out of the Marshals custody, from all causes touching me; And for the doing thereof, this shall be your sufficient warrant and discharge. In witness, &c.

An Indenture for suing forth a writ of Entry of a Mannor, to the intent a Recovery may be had.

THis Indenture tripartite made the, &c. between H. E. of &c. of the first part, W. G. of, &c. of the second part, and A. B. and C. D. of, &c. of the third part, Witnesseth, That it is cove­nanted, granted, concluded, condescended unto, and fully agreed upon, by and between the said Parties to these presents: And the said H. E. doth for himself, his Heirs, &c. covenant, &c. that he the said E. or his, &c. before the Feast of, &c. at the proper Costs and Charges in the Law of the said W. G. his Heirs or As­signs, shall permit and suffer the said A. B. and C. D. to bring and sue forth out of His Majesties High-Court of Chancery, one Writ of Entry sur disseisin en le post, against the said W. G. returnable before the Justices of the Common-Pleas at VVestminster, at a certain day before the said Feast of, &c. by which Writ the said A. B. and C. D. shall demand against the said W. G. all that the Mannor of, &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 contained in the said Writ in his own proper person, or by his Attorney 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 said Writ, and that he the said H. E. shall permit and suffer the said W. G. to make defence, and vouch over to warranty the said H. E. and the same E. by himself, or his Attor­ney, sufficiently authorized by Law for the same, shall vouch over to warranty the common Vouchee, and thereupon imparl, and after [Page 208]the same imparlance in the same Term, shall make default, and depart in contempt of the Court, to the intent a perfect recovery and judgment in the said Court, may be had against the said H. E. of the said Mannor and Lands, and all other the premises, accord­ing to the course of common Recoveries in such cases used: and further, that the said Recovery and Execution thereupon so as 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 Heirs and Assigns, and to no other use, intent or purpose whatsoever (A Covenant for Incumbrances.) In witness, &c.

A Revocation of a Protection during the Parliament-time.

VVHereas I the Right Honourable J. Earl of R. granted a Protection under my Hand and Seal, unto C. R. Esq bearing date on or about the, &c. last past, to endure for the time of this present Parliament: Now these presents witness, That for divers good Causes and Considerations me moving, I do hereby revoke, disannul and make void the said Protection, to all intents and purposes whatsoever, so as the said C. R. shall not from hence­forth have any benefit, priviledge or advantage thereby, but be therefore and therefrom utterly debarred and excluded for ever by these presents. In witness, &c.

A Bargain and Sale of Trees.

THis Indenture made, &c. between A. B. of, &c and T. H. of, &c. of the one part, and G. F. of, &c. of the other part, witnesseth, That the said A. B. and T. H. for and in considerati­on of, &c. to them in Hand paid, before the sealing and delivery of these presents, the receipt thereof, &c. have bargained and sold unto the said T. F. one hundred Trees of Oak, to be taken and chosen by the said T. F. his Executors or Assigns, within, amongst, and out of the Woods and Trees, standing and growing within the Park of S. in the County of, &c. or in or upon the Banks or Bounds of the said Park (all such Trees as now are already felled and marked) alwayes excepted out to this present Bargain and Sale: And the said A. B. and T. H. do, &c. to and with, &c. That it shall and may be lawful to and for the said T. F. his Exe­cutors and Assigns, at seasonable times in the year, at his and their [Page 209]free liberty, wills and pleasures, before the Feast of, &c. to fell, cut down, take and carry away the said Trees, before by these presents bargained and sold, and every of them; so that the said G. P. his Executors and Assigns, at his and their, or any of their proper costs and charges, do from time to time, make up and repair all such breaches and hurts as he or they shall commit or do, or cause to be committed or done in any of the Hedges, Pales or Ditches of or belonging to the said Park, or any the Grounds thereunto belong­ing or adjoyning, for or by reason of the felling, cutting down, carting or carrying away of the said Trees, or any of them, and so that all the said Trees, and every of them, before bargained and sold, be carried and rid off, from and out of the said Park, and bounds thereof, before the said Feast of, &c. And the said A B. and T. H. all the said Trees, before bargained and sold to the said T. F. in manner and form, as aforesaid, against all men, at all times, shall warrant and for ever defend. And it is further agreed and declared between the said Parties, That all such and so many of the said Trees before mentioned, bargained and sold, as shall remain, and not be carried away out of the said Park and bounds thereof, before the said term of, &c. shall from thenceforth remain and be to the only use of the said A. B. and T. H. their Executors and Assigns, any thing before mentioned to the contrary in any wise notwithstanding. In witness, &c.

An Indenture of Lease of a House and Lands in the Country.

THis Indenture made, &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 and in consideration of the Rents and Co­venants hereafter in and by these presents reserved and contained, which on the part and behalf of the said C. D. are and ought to be paid, done, performed, fulfilled and kept: Hath demised, grant­ed, betaken, and to farm-letten, and by these presents doth demise, grant, betake, and to farm-let unto the said C. D. all that Messu­age or Tenement, &c. And also that Close of Meadow-ground, called, &c. and all that, &c. which said premises now are in the Tenure or Occupation of the said C. D. or his Assigns, situate, ly­ing and being in the said Parish of, &c. Except, and alwayes reser­ved out of this present Demise and Grant, all Trees, Woods and Underwoods, now standing, growing or being, or which hereafter shall stand, grow or be in or upon the same premises; and free [Page 210]liberty of ingress, egress, regress, way and passage to and for the said A. B. his Heirs and Assigns, and his and their Workmen and Servants, at any seasonable time or times in the year, to come in and upon the demised premises, and every or any part thereof, to fell, cut down, lop and top the same Trees, and every or any of them: And the same Trees, lop and tops, with Carts and Carri­ages, to take, load, bear and drive away, at his and their wills and pleasures, To have and to hold the said Messuage or Tenement, Close of Meadow, and, &c. and all and singular other the before mentioned premises to be demised, with the appurtenances (except before excepted) unto the said C. D. his, &c. from the Feast of Saint Michael the Archangel last past, before the date of these pre­sents, for and during, and unto the full end and term of twenty and one years from thence next ensuing, fully to be compleat and ended: Yielding, and paying therefore yearly and every year, du­ring the said term of one and twenty years to the said A. B. his, &c. at or in, &c. the yearly Rent or sum of, &c. at two of the most usual Feasts or Terms of payment in the year, that is to say, the Feast of, &c. by even and equal portions. And the said C. D. for himself, his, &c. that the said C. D. his, &c. or some of them, shall and will well and truly pay, or cause to be paid unto the said A. B. his, &c. at or in, &c. the said yearly Rent of, &c. during the said term of, &c. on the Feast aforesaid, or within fifteen dayes next ensuing either of the said Feasts, by even and equal portions, in manner and form aforesaid: And that he the said C. D. his, &c. or some of them, at his and their own proper costs and charges, shall and will from time to time, and at all times hereafter, when and as often as need shall require; during the continuance of this present demise, well and sufficiently repair, support, maintain, up­hold, hedge, ditch, scowre, fence, amend and keep the said Capital Messuage or Tenement, and all and singular the before mentioned to be demised premises, and every part and parcel thereof, in, by and with all and all manner of needful and necessary reparations, pailing, hedging, ditching, sencing and amending whatsoever (principal Timber only excepted;) and the said Messuage or Tenement, and all and singular other the before mentioned to be demised premises with the appurtenances, being so well and suffi­ciently repaired, supported, maintained, upholder, ditched, hedged, fenced, amended and kept together; with such Houshold-stuff, and appurtenances of Houshold, as are mentioned in a Schedule hereunto annexed, in as good case and plight, as the same now are (reasonably wearing only excepted) in the end of the said term of [Page 211]one and twenty years, or other sooner determination of this pre­sent Lease, shall and will peaceably and quietly leave, surrender and yield up the same unto the said A. B. &c. And also that it shall and may be lawful to and for the said A. B. his, &c. with Work­men and others in his or their company, or without, twice in every year yearly, during the said term, or oftner, to come into and upon the before demised premises, and every or any part thereof, there to view, seatch and see the estate and condition of the repara­tions of the same. And upon every such view or search, to give, or leave notice in writing, at the said demised Messuage, to or for the said C. D. his, &c. of all defaults and lacks of reparations, then and there found, to repair and amend the same, within six moneths, after such view made, and notice given, as aforesaid, within which time and space of six moneths, he the said C. D. &c. doth covenant, promise and grant to and with the said A. B. his Heirs and Assigns, by these presents, well and sufficiently to repair and amend the same. And further the said C. D. for himself, his, &c. that he the said C. D. his, &c. shall and will from time to time, and at all times during the continuance of this present De­mise, bear, pay, discharge, and disburse all such Tythes, Church­duties, Taxes, Subsidies, and other payments whatsoever, where­with the same premises, and every or any part thereof, shall or may be charged, or liable to pay, during the said term (except the quit-rent due for the said Messuage to the Lord of the Mannor of Harrow) and thereof shall and will acquit and discharge the said A. B. his, &c. and also the said demised Messuage and Premises, and every part and parcel thereof; And also that he said C. D. his, &c. shall and will well and truly pay, or cause to be paid unto the said A. B. his, &c. the full sum of 10 l. of, &c. over and above the said yearly Rent of, &c. for every or any acre or acres of Land that shall be at any time or times hereafter, during the continuance of this present Demise, ploughed, digged, broken up or carried in the said Closes, called, &c. or any of them, or in any other of the said Closes not heretofore digged, ploughed, or broken up: and so proportionably, according to the rate of Ten pounds every acre of Land; and according to the rate, for every acre or part or parcel of an acre of Land for every time, every or any acre or acres, part or parcel of acre or acres shall be so ploughed, digged, or bro­ken up and carried in any of the said Closes, the same to be paid unto the said C. D. his, &c. at such dayes and times as the yearly Rent hereby is reserved and appointed to be paid, according to the true intent and meaning of these presents. And further, that [Page 212]neither the said C. D. his Executors, Administrators or Assigns, shall or will at any time or times, during the continuance of this pre­sent Demise, fell, cut down, lop or top any of the Timber-trees, or any other Trees now standing, growing or being, or which here­after shall stand, grow, or be in or upon the said demised premises, or any part thereof, without the good-will and licence of the said A. B. his, &c. in that behalf first had and obtained in writing, un­der his or their Hands and Seals; nor shall demise, grant, let, sell, assign and set over the said demised Messuages, and other the pre­mises, or any part thereof, or his or their estate or term of years, or any part thereof, of, in or to the same pemises, during the term by these presents granted, to any person or persons whatsoever, except it be by and with the consent and agreement of the said A. B. his, &c. in that behalf first had and obtained in writing, under his or their Hands and Seals. Provided alwayes, and it is cove­nanted, granted, concluded and fully agreed upon, by and be­tween the said Parties to these presents. That if the said A. B. his, &c. or any of them, shall at any time or times hereafter, during the said term of one and twenty years, be minded and desirous to have again, resume and take the said Messuage or Tenement, and all and singular other the before demised premises, with the appur­tenances, into his or their Hands and Possession, before the expi­ration of this present Lease: And of such his or their desire, to give notice in writing unto the said C. D. his, &c. at any of the dayes or times of payment, wherein or whereat the said yearly Rent hereby reserved is appointed to be paid: That then the said yearly Rent shall determine at the end of one whole year next af­ter such notice given, to have again the said Messuage, and all other the before demised premises: And that then also at the next Feast, or time of payment, which shall be one whole year next ensuing such notice or warning given as aforesaid. And from thenceforth this present Indenture of Lease, and every Cove­nant, Article and Agreement herein contained, shall cease, de­termine, and be utterly void, and of none effect, as if these pre­sents had never been had or made. And that then, and from thenceforth, and at any time or times then afterwards, it shall and may be lawful to and for the said A. B. his, &c. into all and sin­gular the before demised premises, and every part thereof, whol­ly to re-enter, and the same to have again, re-possess and enjoy, as in his or their first and former estate, any thing in these pre­sents contained to the contrary thereof in any wise notwithstand­ing. And the said A. B. doth for himself, his, &c. covenant, [Page 213]promise and grant to and with the said C. D. his, &c. and every of them by these presents, That if the said C. D. his, &c. or any of them, shall at any time or times hereafter, during the time and term by these presents granted, desire to depart from the said Messu­age or Tenement, and Premises hereby demised, and to surrender and yield up the same Premises unto the said A. B. his, &c. and of such his or their desire, to give warning in writing under his or their Hands to the said A. B. his, &c. at the house of the said A. B. at any of the Feasts or Dayes of Payment aforesaid, one whole year before he or they shall depart from the premises: And do and shall accordingly surrender and yield up the said Premises unto the said A. B. his, &c. well and sufficiently repaired, hedged, ditched, amended, pailed and fenced, as the same ought to be; together with the said Implements of Houshold, according to the true meaning of these presents, that then upon such warning given and surrendred, or other assurance made of the premises, as afore­said, he the said A. B. his, &c. shall and will accept the same, and take into their Hands and Possession the said Capital Messuage or Tenement, and all other the premises, with their appurtenances, according to the true intent and meaning of these presents. Provided also, if it shall happen the said yearly Rent, or Sum of, &c. or any part thereof to be behind and unpaid, in part or in all by the space of ten dayes, next over or after any of the Feasts or Dayes of payment aforesaid, wherein the same ought to be paid, as aforesaid, being lawfully demanded, or if the said C. D. his, &c. do not well and truly observe, perform, fulfil, pay and keep all and every the Covenants, Articles, Payments and Agree­ments in these presents contained, which on his and their parts are and ought to be observed, performed, paid, done, fulfil­led and kept, that then in any of the said cases, and from thenceforth at any time after, it shall and may be lawful to and for the said A. B. his, &c. into the said Capital Messuage or Te­nement, and all and singular other the premises, with the appur­tenances, and every part thereof wholly to re-enter, and the same to have again, retain, re-possess, and re-enjoy, as in his and their first and former estate, and the said C. D. his, &c. thereout, and from thence utterly to expel, put and amove, this Indenture, or any thing herein contained to the contrary thereof, in any wise notwithstanding. And lastly, the said A. B. for himself, his, &c. that he the said C. D. his, &c. and every of them, paying the said yearly rent of, &c. and paying, doing and performing the covenants, payments, provisoes and agreements in these presents mentioned, [Page 214]which on his or their parts are or ought to be paid, done, performed and kept, according to the true intent and meaning of these pre­sents, shall or may lawfully, peaceably and quietly have, hold, use, occupy, possess and enjoy the said Messuage or Tenement, and all other the premises before by these presents demised (except before excepted) for and during all the said term of one and twenty years before granted, without any lawful let, suit, trouble, denial, evicti­on, interruption or disturbance of the said A. B. his Heirs, Execu­tors, Administrators or Assigns, or any of them, or any other person or persons whatsoever, lawfully claiming by, from, or under him, them, or any of them. In witness, &c.

An absolute Bargain and Sale of a House and Land.

THis Indenture made, &c. between A. B. of, &c. of the one part, and C. D of, &c. of the other part, witnesseth, That the said A. B. for and in consideration of the sum of, &c. to him in hand, at and before the sealing and delivery of these presents, by the said C. D. well and truly paid, the receipt whereof he the said A B. doth hereby acknowledge himself therewith fully satisfied and paid, and thereof, and of every part and parcel thereof, doth clearly acquit, exonerate and discharge the said C. D. his Heirs, Executors and Administrators for ever, by these presents hath gi­ven, granted, aliened, bargained, sold, enfeoffed and confirmed, and by these presents doth fully, clearly and absolutely give, grant, bargain, sell, alien, enfeoff and confirm unto the said C. D. his Heirs and Assigns for ever, all that the, &c. with all and singular it's rights, members, jurisdictions and appurtenances, together with all Houses, Edifices, Buildings, Barns, Stables, Orchards, Gardens, Yards, Back-sides, Easements, Lands, Tenements, Mea­dows, Feedings, Pastures, Woods, Under-woods, Wayes, Ease­ments, Profits, Commodities, Common of Pasture, Heredita­ments and Appurtenances whatsoever, to the said Messuage or Te­nement and Premises, or to any part or parcel of them belonging, or in any wise appertaining; all which said Messuage, Lands, Te­nements, Feedings, Pastures, Closes and Hereditaments with their and every of their rights, members and appurtenances whatsoever, before, in and by these presents mentioned or intended to be grant­ed, are scituate, lying and being within the Township of H. afore­said, in the said County of, &c. and now or late in the Tenure or Occupation of the said A. B. or of his Assignee or Assignees, and [Page 215]the Reversion and Reversions, Remainder and Remainders, of all and singular the before mentioned premises, and all Rent and Rents reserved upon any Grant and Grants, Demise and Demises made of the premises, or of any part or parcel of them; And al­so all the Estate, Right, Title, Interest, Use, Possession, Property, Claim and Demand whatsoever, of him the said A. B. in or to the same, and all Deeds, Writings, Evidences, Charters, Tran­scripts of Fines, Court-Rolls, Escripts and Monuments whatsoe­ver, touching or concerning the premises, or any part or parcel of them, To have and to hold the said Messuage or Tenement, and all and singular other the premises hereby granted, bargained and sold, or mentioned to be herein, or hereby granted, bargained and sold, with their and every of their rights, members and appur­tenances whatsoever, unto the said C. D. his Heirs and Assigns, to the only proper use and behoof of the said C. D. his Heirs and Assigns for ever. And the said A. B. for himself, and his Heirs, &c. the said Messuage or Tenement, and all and singular other the premises before granted, bargained and sold, with the appurtenan­ces, unto the said C. D. and his Heirs, to the only proper use and behoof of the said C. D. his Heirs and Assigns for ever, against him the said A. B. his Heirs and Assigns, and all and every other person and persons whatsoever, lawfully claiming by, from or un­der him, them or any of them, shall and will warrant, and for ever defend by these presents: And the said A. B. for himself, his Heirs, Executors and Administrators, do covenant, promise, grant and agree, to and with the said C. D. his Heirs and Assigns, and eve­ry of them, by these presents, in manner and form following, that is to say; That he the said A. B. at the time of the ensealing and delivery of these presents, is, and until a good, pure, perfect, and absolute estate of Inheritance, of all and singular the before granted premises, and every part thereof, shall be fully vest­ed, setled and executed, in and upon the said C. D. and his Heirs, according to the true meaning of these presents, shall remain, con­tinue, and be seized of, and in the said Messuage or Tenement, and all and singular other the premises, in and by these presents granted, bargained and sold, with all and every their rights, members and appurtenances, of a good, pure, perfect, and absolute Estate of Inheritance in Fee-simple, without any Condition, Reversion, Remainder or Limitation of any Use or Uses, Estate or Estates, in or to any person or persons whatsoever, to alter, change, defeat, determine or make void the same. And that the said A. B. at the time of the ensealing and delivery of these presents, hath full power, [Page 216]good right, and lawful authority, to grant, bargain, sell and convey all and singular the before hereby granted, or mentioned to be granted premises, with their and every of their appurtenances, unto the said C. D. his Heirs and Assigns, in manner and form aforesaid. And that he the said C. D. his Heirs and Assigns, and every of them, shall or may by force and virtue of these presents, from time to time, and at all times for ever hereafter, lawfully, peaceably and quietly have, hold, use, occupy, possess and enjoy the said Messuage or Tenement, and all and singular the before granted premises, with their and every of their rights, members and appurtenances, and have, receive and take the Rents, Issues and Profits thereof, to his and their own proper use and behoof for ever, without any lawful let, suit, trouble, denial, interruption, eviction or disturbance of the said A. B. his Heirs or Assigns, or of any other person or persons whatsoever, lawfully claiming by, from or under him, them, or any of them, or by his or their means, act, consent, title, interest, privity or procurement. And that free and clear, and freely and clearly acquitted, exonerated and discharged, or otherwise from time to time, well and suffici­ently saved and kept harmless by the said A. B. his Heirs, Execu­tors or Administrators, of & from all and all manner of former and other Gifts, Grants, Bargains, Sales, Leases, Mortgages, Joyntures, Dowers, Title of Dower, Statute-Merchant and of the Staple, Re­cognizances, Extents, Judgments, Executions, Uses, Entails, Rents and arrerages of Rents, Forfeitures, Fines, Issues and Amercia­ments, and of and from all and singular other Titles, Troubles, Char­ges, Demands and Incumbrances whatsoever, had, made, commit­ted, suffered, omitted or done by the said A. B. his Heirs or Assigns, or by any other person or persons whatsoever, lawfully claiming by, from or under him, them, or any of them, or by, from or under his or their means, act, consent, title, interest, privity or procurement (the Rents and Services which from henceforth from time to time, for or in respect of the premises, shall grow due and payable to the chief Lord or Lords of the Fee or Fees of the pro­mises onely excepted and fore-prized.) And further, the said A. B. for himself, his Heirs, Executors and Administrators, doth, &c. that he the said A. B. his Heirs and Assigns, and all and every other person and persons, and their Heirs lawfully having or claim­ing, or rightfully pretending to have, or which hereafter shall or may lawfully have or claim, or rightfully pretend to have any Estate, Right, Title, Interest or Demand, into or out of the pre­mises, or any part or parcel of them, by, from or under the said A. B. [Page 217]his Heirs or Assigns, shall and will from time to time, and at all times, for and during the space of seven years next ensuing the date of these presents, at and upon the reasonable request, and at the costs and charges in the Law of the said C. D. his Heirs or Assigns, make, do, perform, acknowledge, levy, execute and suffer, or cause to be made, done, performed, knowledged, levyed, ex­ecuted and suffered all and every such further lawful and reasonable act and acts, thing and things, device and devices, assurance and assurances, and conveyances in the Law whatsoever: for the fur­ther, better and more perfect assurance, surety, sure-making and conveying of all and singular the before hereby granted, or mentio­ned to be granted premises, with their, and every of their rights, members and appurtenances, unto the said C. D. his, &c. be it by Fine or Fines, Feoffment or Feoffments, Deed or Deeds, en­rolled or not enrolled, the enrolment of these presents, recovery or recoveries, with single or double Voucher or Vouchers, re­lease or confirmation, or by all and every or any the wayes or means aforesaid, or by any other wayes or means whatsoever, as by the said C. D. his, &c. or by his or their Council learned in the Laws, shall be reasonably devised, advised or required, so as the said A. B. his, &c. or such other person or persons who shall be required to make such further assurance, be not compelled or compellable to travel further than the Cities of London and West­minster, or either of them, in or about the making thereof. And lastly, it is covenanted, granted, concluded, condescended unto, and fully agreed upon, by and between the said Parties to these presents, for them, their Heirs and Assigns by these presents, That all Fines, Feoffments, Recoveries and Affurances in the Law what­soever, had, made, levied, knowledged, suffered or done, or here­after to be had, made, knowledged, suffered, levied or done, by or between the said Parties to these presents, or any of them, of, for, touching or concerning the said Messuage or Tenement, and all and singular other the before hereby granted premises, with their rights, members and appurtenances, and every or any part there­of, shall be and enure, and shall be construed, esteemed, adjudged and taken to be and enure, to the onely proper use and behoof of the said C. D. his, &c. for ever, and to none other use, intent or purpose whatsoever. In witness, &c.

A Conveyance of a Mannor and Lands, in consideration of a Marriage, &c.

THis Indenture made, &c. between J. M. of, &c. of the one part, and E. F. of, &c. and G. M. of, &c. of the other part, Witnesseth, That for the preferment and advancement of P. M. natural Son of him the said J. M. and one of the Heirs males of the said P. M. and for and in consideration of the great fatherly love and natural affection, which he the said J. M. beareth to the said P. M. his Son, and to the intent and purpose that the Mannor, Lands and Tenements hereafter mentioned, shall and may be and continue in the Stock, Blood and Kindred of the said J. M. and for and in consideration of a Marriage by Gods permission shortly to be had and solemnized between the said P.M. and one F. Daugh­ter of E. T. of, &c. and for divers other good causes and conside­rations him the said J. M. especially moving, it is concluded, cove­nanted, granted and agreed by and between the said Parties to these presents; And the said J.M. on his part, for himself, his Heirs, Exe­cutors and Administrators, doth by these presents covenant and grant, to and with the said E. F. and G. M. and either of them, and the Executors and Administrators of them, and either of them, that for the considerations aforesaid, he the said J. M. and his Heirs, and all and every other person and persons now standing or being seized, or that hereafter shall stand and be seized of and in all that the Mannor of S. in the County of B. with all and sin­gular the rights, members and appurtenances thereof, and of and in all and singular Messuages, Tenements, Houses, Buildings, Or­chards, Lands, Meadows, Leasows, Pastures, Feedings, Commons, Mills, Woods, Under-woods, Advowsons, Reversions, Rents, Ser­vices, Wastes, Estrayes, Royalties, Liberties, Priviledges, Juris­dictions, Hereditaments, and all other the rights, members and appurtenances whatsoever, to the said Mannor and Lands incident, belonging, or in any wise appertaining; or accepted, reputed, taken or known, or occupied, demised or letten, as part, parcel or mem­ber thereof shall from thenceforth stand and be seized of and in the same Mannor, Lands, Tenements, Hereditaments, and all other the premises, and of and in every part and parcel there of, with the appurtenances, to the uses, intents and purposes hereafter in these presents mentioned and expressed, and to none other use, intent or purpose whatsoever: That is to say, unto and for the use of the [Page 219]said J. M. until the said Marriage shall be had and solemnized be­tween the said P. M. and F. and immediately from and after the said Marriage so had, to the use of the said P. M. and F. and of the Heirs males of the said P. M. on the body of the said F. law­fully begotten: and for default of such Heirs males, to the use of the right Heirs of the said J. M. for ever. And further, the said J. M. doth by these presents covenant and grant for him, his Heirs, Executors, Administrators and Assigns, and every of them, to and with the said E. F. and C. M. and either of them, their Heirs, Executors, Administrators and Assigns, in manner and form following: That is to say, That the said Mannor, Lands, Tenements and Hereditaments, and all other the premises, with their appurtenances, now are and be, and at all times hereafter, and from time to time, shall and may continue, remain and be clearly acquirted, exonerated and discharged, or otherwise well and sufficiently saved and kept harmless, by the said J. M. his Heirs, Executors, &c. or by some or one of them, at his and their own proper costs and charges of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Leases, Joyntures, Dow­ers, Titles of Dower, Uses, Wills, Entails, Rents, Charge-Rents, Seck arrerages of Rents, Titles, Recognizances, Statutes-Merchant and of the Staple, and of and from all other Charges, Incumbran­ces and Demands whatsoever had, made, committed or done by the said J. M. or by his Heirs or Assigns, or by any other person or persons, or by his or their assent, consent, means, privity or pro­curement: The Rents and Services which from thenceforth shall grow due to the chief Lord or Lords of the Fee or Fees of the pre­mises, and all lawful Leases or Grants, heretofore made or grant­ed of the premises, or of any part thereof, which shall not conti­nue above four years, or thereabouts, next after the date hereof, whereupon several yearly Rents are reserved, amounting in the whole to, &c. which shall be yearly payable to the said P. M. and F. and the Heirs males of the said P. M. for and during the con­tinuance of the said Leases and Grants, only excepted and fore­prized. And that the said Mannor, and other the premises, at the end and determination of the said Leases and Grants, shall remain and from thenceforth shall and may continue and be unto the said P. M. and F. and the Heirs males of the said P. M. of the clear yearly value of, &c. or thereabouts. And moveover, that he the said J. M. his Heirs, &c. shall and will at this time, and from time to time, during the space of one whole year next after the said Marriage had and solemnized, when as often as he or [Page 220]they, or any of them, shall be thereunto reasonably required by the said E. F. and G. H. or either of them, their Heirs or Assigns, or any of them, do, make, knowledge, levy and execute, or cause and suffer to be made, done, knowledged, levied and executed, all and every such further act and acts, thing and things, device and devices, assurance and assurances in the Law whatsoever, be it by Deed or Deeds, inrolled or not inrolled, Fine with Proclamation, Feoffment, Recovery, with Vouches and Vouchers, release or con­firmation with warranty, against the said J. M. and his Heirs, or otherwise, or without warranty, or by all or so many of the wayes, means and devices aforesaid, or by any other wayes or means what­soever, as by the said E. F. or G. H. or either of them, their Heirs or Assigns, or by their, or any of their Council learned in the Law shall be reasonably devised, or advised and required, at the costs and charges only in the Law of the said P. M. for the further, better, and more perfect assurance, surety, sure-making and con­veying of the said Mannors, Lands, Tenements and Heredita­ments, and all and singular other the premises, with the appurte­nances, in and by these presents mentioned and intended to be con­veyed and assured, in manner and form above in these presents de­clared, and every part and parcel hereof, unto the said E. F. and G. H. to the uses, intents and purposes above in these presents mentioned, and to no other uses, intents or purposes whatsoever. In witness, &c.

An assurance of a Joynture made before Marriage, with special Cove­nants concerning Children by a former Husband.

THis Indenture made, &c. between R.L. of, &c. of the one part, and A. B. and J.G. of, &c. of the other part; Witnesseth, That in consideration of a Marriage shortly to be had and solemnized between the said R. L. and A. H. late Wife of, &c. deceased, for the future good and advancement of the said A. H. and in testi­mony of the singular good will and affection which he the said R. L. hath, and beareth to the said A. H. and for divers other good and weighty considerations him the said R. L. thereunto especially moving, it is covenanted, granted, concluded and fully agreed upon by and between the said Parties to these presents, in manner and form following; That is to say, And the said R. L. for himself, his Heirs, Executors and Administrators, and every of them, doth covenant, promise and grant to and with the said [Page 221]A. B. and J. G. and either of them, and the Executors, &c. of them, and either of them, by these presents, that he the said R. L. his Heirs and Assigns, shall and will from and after the Feast of Saint Bartholomew the Apostle, and from and after the said Marri­age so had and solemnized, stand and be seized of and in all that the Site or Seat of the Rectory or Parsonage of East-Church, and of, and in all Houses and Buildings thereupon built, standing or being; And of, and in one Field or Close of Pasture, with the ap­purtenances thereunto adjoyning, containing together with the said Scite of the said Rectory, by estimation forty acres, be it more or less; And of and in a parcel of Ground called Harleys Spring, con­taining by estimation one acre, &c. And of and in one Meadow containing by estimation forty acres, be it more or less; And of and in one piece of Ground called Reeds Meadow, containing by estimation nine and twenty acres, be it more or less; And of and in one Field called Frogs-Field, containing by estimation two and fifty acres, be it more or less; And of and in one parcel of Land called Parsonage Hill-field, containing by estimation 37 acres, be it more or less; And of and in all those Lands, Closes, Meadows, Feedings and Pastures, called or known by the name or names of Stone-pit and Stone-pike, containing in the whole by estimation four hundred acres, be they more or less; And of and in one other piece of Land called Bercon-field, containing by estimation twenty nine acres, be it more or less; And of and in one Cottage, with one Rood of Land thereunto belonging, or occupied with the same, in which Cottage or House, one R. D. did lately dwell: All which premises are scituate, lying and being in E. aforesaid, and now are in the occupation of, &c. and of and in all other the Lands, Tenements, Rents, Reversions, Services and Hereditaments of the said R. L. in the said Parish of E. in the said County of K. to the onely use and behoof of the said R. L. and the said A. and of the Heirs and Assigns of the said R. L. for ever, for the Joynture of the said A. if the said A. shall hap­pen to survive and over-live the said R. L. And the said R. L. doth covenant and grant for himself, his Heirs, Executors, Administrators and Assigns, by these presents; to and with the said A. B. and J. G. and either of them, and the Heirs, Execu­tors and Administrators of them and either of them, in manner and form following; That is to say, That he the said R. L. his Heirs, Executors, Administrators or Assigns, shall and will at all time and times hereafter, and from time to time, sufficiently save, and keep harmless and indempnified the said Site, Lands, Tenements [Page 222]and Hereditaments, and all other the premises, and every part and parcel thereof, of and from all former and other Bargains, Sales, Gifts, Grants, Leases, Statutes-Merchant and of the Staple, Recognizances, &c. and of and from all other Charges, Troubles and Incumbrances whatsoever, had, made, committed or done by the said R. L. or by any other person or persons whatsoever, by his means, title, consent or procurement (the Rents and Services from thenceforth to grow due to the chief Lord or Lords of the Fee or Fees of the premises, only excepted and fore-prized) and that the said Site, Lands, Tenements, and other the premises, now be of the clear yearly value of 200 l. over and above all charges and reprizes. And further, that the said R. L. and all and every other person and persons, and his and their Heirs, lawfully having, claiming, or rightfully pretending to have any Estate, Right, Title or Interest, of, in or to the said Scite, Lands, Tenements, and all other the premises, or any part or parcel thereof, by or from the said R. L. shall and will from time to time, and at all times here­after, during the space of two years next ensuing the date hereof, further do, make, acknowledge and execute all and every such other reasonable act and acts, thing and things, device, and devices, assu­rance and assurances in the Law whatsoever, as by the said A. B. and J. G. or either of them, or the Executors or Assigns of either of them, or their or any of their Council learned in the Law, shall be reasonably devised or advised, and at the costs and charges of the said R. L. his Heirs, Executors or Administrators, for the bet­ter and more perfect assuring and making sure of all and singular the premises to the said A. for term of her life only in form afore­said; so that there be not any other or further warranty therein comprised, than only against the said R. L. and his Heirs. And further it is covenanted, granted and agreed by and between the said Parties to these presents, and the said R. L. doth covenant, &c. to and with, &c. that all Feoffments, Fines, Conveyances and Assurances to be had, made, knowledged, done, suffered or executed by the said R. L. during the life of the said A. H. shall be to the uses, intents and purposes aforesaid, and to none other, &c. And further, that she the said A. from and after the decease of the said R. L. during her natural life shall or may have, hold and quietly en­joy the said Lands, Tenements, Rents, Reversions, Services, and all other the premises, without any lawful let, suit, trouble, evicti­on, interruption or disturbance, of the Heirs and Assigns of the said R. L. or of any other person or persons whatsoever, lawfully claiming by, from or under the said R. L. his, &c. And further, [Page 223]it is covenanted, &c. by and between the, &c. and the said R. L. doth covenant, &c. in manner, &c. that he the said R. L. his Heirs, Executors or Administrators, shall not at any time or times hereafter inter-meddle with, have, receive or take the portion or portions, legacy or legacies, sum or sums of money, pertaining or belonging, given and bequeathed, due or to be due to W. H. T. H. and J. H. the Children of the said, &c or any of them, or with the increase and profits thereof, or by reason of the same ari­sing, coming or growing, or that shall hereafter arise, come or grow of the same, or any part or parcel of the same increase, other than such parcel thereof, as by covenant hereafter in these presents expressed, is yearly to be paid unto the said R. L. or his Assigns, for and towards the charges of bringing up the said Children, but shall permit and suffer the said J. G. to have the ordering and dis­posing of the said increase and profits coming of the portions afore­said, for the benefit of the said Children, by the appointment of the said A. and that he the said R. L. shall upon reasonable request, deliver or cause to be delivered to the said J. G. all such Bonds and Obligations, wherein any person or persons, are or stand bound unto the said A. for, touching and concerning the portions of the said Children, or otherwise, as shall come to the hands and posses­sion of the said R. L. and make, seal and deliver to the said J. G. such Letter or Letters of Attorney, for the recovery of the sums of money contained in the same Bonds and Obligations, or any of them, as by the Council learned of the said J. G. shall be thought meet and convenient, and by the said J. G. required, for and to the use of the said Children; And that he the said R. L. shall not release or discharge the said Bonds or Obligations, or any of them, without the consent and agreement of the said J. C. nor revoke or countermand the said Letter of Attorney: And that the said R. L. shall permit and suffer the said A. and give his assent that she shall make a Will, and by the same to give and bequeath at her liberty and pleasure the sum of 500 l. and shall not counter­mand or revoke the same; And that if it shall happen the said A. to die, leaving the said R. L. that he the said R. L. his Executors, Administrators or Assigns, shall well and truly content, &c. or cause, &c. the said Legacies, or so much of them as shall not ex­ceed the said sum of 500 l. within one year next after the decease of the said A. at the Mansion-house of the said R. L. in T. asore­said. And further it is covenanted granted, &c. between the, &c. and the said J. G. for himself, his Heirs, Executors, Administra­tors and Assigns, doth covenant and grant to and with the said [Page 224]R. L. his Executors and Administrators, in manner and form following; that is to say. That he the said J. G. or his Assigns, shall yearly, from and after the said Marriage so had and solemni­zed as aforesaid, and during so long time as the said Children, or any of them shall be at the finding and providing for of the said R. L. well and truly content, &c. or cause, &c. to the said R.L. or his Assigns, for every of the said Children so being, &c. the yearly sum of, &c. at the Feasts of, &c. by even and equal por­tions out of the increase and profits of their respective portions, as aforesaid; and that he the said J. G. shall imploy and bestow the residue of the increase and profits, which shall come or grow of the said portions or stocks from time to time, in such sort and manner as the said A. shall appoint, for the further benefit and con­dition of the said Children; and then he the said J. G. shall from time to time, when he shall be thereunto required by the said A. yield and make unto the said A. a just, true and perfect account of the said increase or profits coming or arising of the portions afore­said. In witness, &c.

A Condition where one buyeth Lands, the Seller is bound that the Land is free from Incumbrances.

THe Condition, &c. That whereas the within-bonnden A. B. hath bargained and sold unto the within-named C. D. and his Heirs for ever, all that his Messuage or Dwelling-house, Lands, Feedings, Meadows, Pastures, Rents, Profits and other Heredita­ments whatsoever thereunto belonging, with their appurtenances, et, lying and being in the Town and Field of, &c. in the County of, &c. If therefore the said Messuage or Dwelling-house, Lands, and all other the premises, and every part and parcel thereof, at the day of the date within written, be clearly discharged of and from all and all manner of former and other Gifts, Grants, Leases, Bargains, Sales, Joyntures, Dowers, Rights and Titles of Dower, Rents, arrerages of Rent, Statutes-Merchant and of the Staple, Feoffments, Annuities, &c. and of and from all other Titles, Char­ges and Incumbrances whatsoever, had, made, done, committed or suffered; or to be had, made, done, committed or suffered by the said A. B. his Heirs or Assigns, or by any other person or persons, by his, their, or any of their means, act, title, consent, assent or procurement (the Rents and Services which from the day of the date within-written shall grow due to be paid and performed to [Page 225]the chief Lord or Lords of the Fee or Fees of the premises only excepted) That then, &c. or else, &c.

A Condition for a Brewers Clerk.

THe Condition of, &c. That whereas the within-named J. D. hath before the day of the date within-written, entertained into his Service the within-bound J. H. to serve in the room, place or office of a Dray-Clerk or Beer-Clerk; If therefore the said J. H. doth and shall during the time of his service in the said Office or Place carefully and diligently use and imploy himself, and his best endeavours in the said Room or Office, and do once in every week weekly during the continuance of his service in the said Of­fice, make and give to the said J. D. his Executors or Assigns, a true, just and perfect accompt in writing, at the Messuage or Beer­house of him the said J. D. situate, &c. of all such Beer, Goods and Money of the said J. D. as by any wayes or means shall come to the Hands, Charge, Custody or Possession of the said J. H. And likewise do from week to week, upon every Monday weekly, during the said term, at the place aforesaid, content and pay unto the said J. D. his Executors or Assigns, all such sum and sums of Money as the said J. H. shall have received of any person or per­sons whatsoever, due or any wise belonging unto the said J. D. his Executors or Assigns: And further, if the said J. H. do not deliver on trust to any Customer or Customers, or any other person or persons now not served by the said J. D. above four Barrels of Beer at the most, before such time as he shall have made the said J D. acquainted therewith, and of what estate and condition all and every such new Customers are of; and also shall have the consent of him the said J. D. thereunto; And further, if the said J. H. do not depart from the service of him the said J. D. his Executors, Administrators or Assigns, before such payment and satisfaction shall be made by him the said J. H. unto the said J. D. his Execu­tors, Administrators or Assigns, of all such Goods, Arrerages, Debts, Summe and Summes of Money, as he the said J. H. shall be found to be indebted unto the said J. D. his Executors or Assigns, or any of them, and if in case it shall happen the said J. H. to die or depart this life during the continuance of the said Office or Place of Beer-Clerk to the said J. D. his Executors or Assigns, Then if the Executors, Administrators or Assigns of the said J. H. do or shall (within one moneth next ensuing after the decease of the said J. H.) well and truly satisfie and pay, or cause [Page 226]to be satisfied and paid unto the said J. D. his Executors, Admini­strators or Assigns, at the said Brew-house, all such Arrerages, Debts, Sum and Sums of Money as the said J. H. shall be found to be indebted and to [...]e unto the said J. D. his Executors or Assigns, or any of them, at the time of such decease of him the said J. H. without fraud or coven. That then this, &c. or else to, &c.

A Deed of Joynture, whereby Tho. N. in consideration of a Marriage intended, between Tho. his Son, and Sarah Mer. granteth and infeoffeth Lands to Friends in trust under a Proviso, to be void upon Assurance of other Lands by John N. Heir of Thomas the Fa­ther of as good value, and to the like uses.

THis Indenture made the first day of June, in the year of our Lord God, according to the com­putation used in England, 1651. between T. N. of, &c. of the one part, and I. I. H. E. and S. R. of the other part, witnesseth, That the said T. N. for and in consideration of Marriage al­ready agreed upon, and shortly by Gods Grace to be had and solemnized between T. N. second Son of the said T. N. and Sarah M. single-woman, Daughter of M. N. late of, &c. deceased, and for the love and affection which he beareth to his said Son, and for a competent Joynture to be had and provided to and for the said Sarah, and for provision of maintenance for her, and for setling the Inheritance of the Lands and Tenements here­in after-mentioned to such use and uses, and upon such trusts and confidence, as are herein declared, limited or expressed, and for divers other good considerations him moving, hath granted, en­feoffed, released and confirmed, and by, &c. unto the said I. I. H. and R. and to their Heirs and Assigns for ever, all that Messuage or Tenement, with the appurtenances situate, &c. and one Yard­land, Meadow or Pasture to the said Messuage or Tenement be­longing, that is to say, one Close, &c. and also all Houses, Edifi­ces, Buildings, Barns, Stables, Orchards, Gardens, Back-sides, Courts, void Grounds, Lands, Meadows, Leasows, Feedings, Pastures, Commons, Woods, Under-woods, Trees, Hedges, Rowes, Wayes, Waters, Ponds, Pools, Fishings, Fishing-places, [Page 228]Profits, Commodities, Hereditaments and Appurtenances what­soever, to the said Messuage, Tenement, Yard-land and Premises, or any part or parcel thereof, now, or at any time heretofore be­longing or appertaining, and all Rents, Reversions, Remainders and Services of the said premises, and every part thereof, To have and to hold the said Messuage or Tenement, and all and singular other the premises before mentioned, meant, or intended to be granted, infeoffed and confirmed, and every part and parcel there­of, with the appurtenances to the said I. I. H. E. and S. R. to their Heirs and Assigns for ever, to the only use, intents and pur­poses, hereafter in these presents limited, expressed and declared; and to none other use, intent or purpose (that is to say) to the use and behoof of the said I. I. H. E. and R. S. and of their Heirs, until the solemnization of the said Marriage, between the said T. N. and Son, and Sarah the M. and from and after the solemnization of the said Marriage, to the use and behoof of the said I. I. H. E. and S. R. and of their Heirs, for and during the na­tural life of the said Sarah, and from and after the decease to the use and behoof of the said T. N. her Son, for and during the term of his natural life, and from and after the death of the said Sarah M. and T. N. to the use and behoof of the Heirs of the Body of the said Sarah M. by the said T. N. the Son, begotten, and to be begotten, and for default of such Heirs, to the use and behoof of the said T. N. the Son, and of the Heirs of his Body, and for default of such Heirs, to the use of the said T. N. the Fa­ther, and of his Heirs and Assigns for ever; and the said T. N. the Father, for himself, his Heirs, Executors and Administrators, and every of them, doth covenant, promise and grant, to and with the said I. I. H. E. and S. R. and every of them, their and every of their Heirs and Assigns by these presents, that he the said T. N. the Father, at the time of the ensealing and delivery there­of, is the true and lawful Owner of the Messuages, Tenement and Premises, and every part thereof, and of and in the same and every part and parcel lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple; and also that he the said T. N. the Father, at the time of the ensealing and delivery hereof, hath full Power, good Right, and lawful Authority, to grant, convey and assure the said premises, and every part thereof, to the said I. I. H. E. and S. R. their Heirs and As­signs, in manner and form aforesaid, according to the true in­tent and meaning thereof; and that the said Messuage, Tene­ment and Premises, and every part and parcel thereof, with the [Page 229]appurtenances, now be and are, and so from time to time, and at all times hereafter for ever shall or may be, remain and conti­nue unto the uses, intents and purposes aforesaid, and according to the true intent and meaning hereof, clearly acquitted and dis­charged of and from all and all manner of former and other Bar­gains, Sales, Gifts, Grants, Leases, Mortgages, Joyntures, Statutes, Recognizances, Judgments, Extents, and of and from all other Titles, Charges, Troubles and Incumbrances whatsoever, had, made, done, committed or suffered to be done, by him the said T. N. the Father, or by any other person or persons whatsoever, except one Indenture of Lease bearing-date, &c. made and grant­ed of the premises by T. H. to the said N. H. and M. his Wise, and to M. their Daughter for term of their Lives, successively one after another, at and under the yearly Rent of Forty shil­lings of lawful money of England, quarterly to be paid by even portions, and also except one other Lease or Indenture, bearing date, &c. made and granted of the said premises by the said T. N. the Father of G. M. &c. for One thousand years, with a Proviso, to be void upon payment made of certain sums of money, at cer­tain times therein mentioned, whereof only one day is past, and the money then due is paid, and without any let, interruption, challenge, claim, disturbance or incumbrance, of or by him the said T. N. the Father, or his Heirs, and without any lawful let or in­terruption, challenge, claim, disturbance or incumbrance, of or by him the said T. N. or any other person or persons, claiming or to claim, by or under him, or his Estate, Right, Title or Interest, ex­cept such as shall or may claim by or under the Leases before ex­cepted, or either of them, and for the term thereby granted only: and the said T. N. the Father, doth further for himself, his Heirs, Executors and Administrators, covenant, promise and grant, to and with the said I. I. H. E. and S. R. and every of them, their Heirs and Assigns by these presents, that he the said T. N. the Fa­ther, and his Heirs, and all and every other person and persons lawfully claiming, or to claim by or under him (except such as shall or may claim by or under the Leases before excepted) shall and will from time to time, and at all times hereafter, upon the rea­sonable request, and at the costs and charges in the Law of the said I. I. H. E. and S. R. or any of them, their Heirs or Assigns, make, do, and execute all such further acts, things and assurances, for the further and better assuring the said premises, and every part there­of, to the uses, intents and purposes aforesaid, as by them the said I. I. H. E. S. R. or any of them, their Heirs or Assigns, [Page 230]shall be in that behalf reasonably devised or advised and required, and that all Fines and other assurances, at any time hereafter to be had, levied or executed of the premises, or any part thereof shall be, and shall be deemed, adjudged and taken to be, to and for the uses, intents and purposes in these presents mentioned, limited and declared, and it is expressed and declared by all the said Parties, that the said Estate for the life of the said Sarah, limited to the said I. I. H. E. S. R. as aforesaid, is so limited upon special trust and con­sidence in them reposed, that they and every of them, their Heirs and Assigns respectively, to whose Hands or Custody any of the Rents, Issues or Profits of the said premises shall come, during the life of the said Sarah, shall from time to time pay, deliver, dispose, and employ the same Rents, Issues and Profits, and every part thereof, either to the said Sarah her self, or to such other person and persons, use or uses, as she the said Sarah shall by any writing under her Hand from time to time, limit or appoint: provided always, and it is nevertheless covenanted and granted by and between the said Parties, that in case John N. Son and Heir apparent of the said T. N. the Father, shall within seven years next ensuing the date hereof, at his own proper Costs and Charges, well and suffici­ently convey or assure, or cause to be conveyed and assured by good and sufficient wayes and means in the Law, to the said I. I. H. E. S. R. and to their Heirs, or to the Survivor or Survivors of them, and to his or their Heirs, to and for, and upon the like uses, intents, trusts, confidences and purposes, as are before herein limi­ted, expressed and declared, Messuages, Lands and Tenements, situate, lying or being in, &c. and which shall be of as much more clear yearly value, as the said Messuage, Tenement and Premises hereby mentioned, meant or intended to be granted, and of every part thereof shall be then worth, that then, from and after such con­veyance and assurance, passed and perfected, the use and uses, trusts and confidences, herein before limited and expressed, shall cease, determine and end, and then, and from thenceforth, they the said I. I. H. E. and S. R. and their Heirs, shall stand and be seized of and in the said Messuage, Tenement and Premises hereby mentioned, meant or intended to be granted, & of every part there­of, to the use and behoof of him the said I. N. his Heirs and As­signs for ever, and to no other use, intent or purpose whatsoever, any thing herein contained to the contrary thereof in any wise notwithstanding. In witness, &c.

A Charterparty of a Freightment.

THis Charterparty of Freightment indented, made the, &c. by R. H. and A. N. Owners of the good Ship cal­led the H. of London, of the burthen of, &c. now riding in the River of Thames (whereof is Master under God I. P.) of the one part, and H. S. of th' other part, witnesseth, That the said Owners have granted and letten to Freight to the said H. S. the aforesaid Ship; and that the said H. S. hath hired her for a Voyage to be made with her by Gods Grace in manner and form following, viz. the said Owners covenant and grant by these presents, to and with the said H. S. his, &c. that the said Ship, with the first and next good Wind and Weather that God shall send after the first day of, &c. shall depart from the said River of Thames, and directly sail to B. in the Realm of France, with such Goods, Wares and Mer­chandizes, as the said H. his Factor, or Assigns, before the said Feast-day of, &c. next coming, shall think good to charge and lay in her, viz. so much as she may reasonably carry, and being arrived and come to the said Port of B. or so nigh to the same, as she safely and conveniently may come, shall there tarry by the space of thirty dayes next after her arrival, as well there to discharge and unlade such Goods and Merchandizes, as shall be so freighted and laden in her, as aforesaid, as also to receive her full lading of such Goods, Wares and Merchandize, as the said H. S. his Factor or Assigns shall think good, viz. as much as she may reasonably carry, within which time and days above limited and appointed, the said H. S. covenanteth and granteth by these presents to discharge and relade, or cause to be discharged and relade the aforesaid Ship, in manner and form aforesaid. Which Ship so being able, the said Owners convenant and grant by these presents, that she shall with the first and next good Wind and Weather, next after that she shall be reladen, as aforesaid, depart and return from B. aforesaid, and by Gods Grace directly sail, and come to the Port of the City of London, or as nigh the same as she can safely come, where she shall tarry by the space of, &c. after her arrival there, to make her right discharge. And the said H. S. covenanteth, &c. within the space o [...] &c. next after the arrival of the said Ship at the Port of the City o London, as well to receive, or cause to be received the Ships lading, as also to content and pay, or cause to be paid unto the said Owners, their Executors or Assigns, the sum of, &c. for the [Page 232]freight and lading of the said Ship, both outwards and home­wards, at the place of the right discharge of the said Ship, toge­ther with average, poynage, and petty lodenage, and all other Du­ties due and accustomed, according to the use of Eastern Ships: And the said Owners covenant and grant by these presents, to war­rant and prepare the said Ship, strong and stanch both above and beneath, and well & sufficiently tackled and apparelled with Masts, Sails and Sail-yards, Anchors, Cable-Ropes, Cords, Guns. Pow­der, Shot, and all other Instruments, Munitions, Artillery, Furni­ture, Tackling and Apparel, necessary and convenient for such a Ship, with an able Master, eleven Men and a Boy, which shall be ready at all times convenient, with the Boat of the same Ship, to serve the said H. S. his Factors and Assigns, to and from Land during this present Voyage afore-mentioned. And to the obser­ving of all and singular the Covenants, Grants, Articles, Delive­ries, Receipts and Agreements, and all other things above re­hearsed, which on the part and behalf of the said Owners are to be observed and kept in form aforesaid, the said Owners bind them, and either of them, their Executors, Goods, and especially the same Ship with his Freight, Tackle and Apparel, to the said H. S. his, &c. in the penalty of, &c. well and truly by these pre­sents to be paid. And likewise to the observing of all and singular the Covenants, Grants, Articles, Deliveries, Receipts, Payments and Agreements, and all other things above rehearsed, which on the part and behalf of the said H. S. are to be observed and kept in form aforesaid, the said H. S. bindeth himself, his Executors, and Goods, whatsoever they be, and wheresoever they may be found, to the said Owners, and their Executors, in the penalty of, &c. well and truly to be paid by these presents. In wit­ness, &c.

A Transport of Goods in a Ship.

TO all, &c. I A. P. of, &c. send greeting, &c. Whereas I the said A. P. in the Moneth of, &c. last past, did lade in the Port of London of my own proper Goods, and for my own proper use and accompt into and aboard the good Ship called, &c. wherein one T. C. was then Master, for and during her then intended Voyage, so much, &c. to the intent and purpose, that all the aforesaid Kersies and Cloth should be transported for and in trade of Merchandize, in and with the said Ship (amongst other [Page 233]her lading) in her Voyage then intended to be made to Constanti­nople, and other places beyond the Seas, and within the Streights of Gibralter, and to return again into the Port of London. Now know ye, That I the said A. P. for and in consideration of the sum of, &c. by F. L. of, &c. to me paid, whereof I acknowledge the receipt by these presents: Have given, granted, aliened, bar­gained, sold, transferred, assigned and set over, and by these pre­sents do absolutely give, grant, alien, bargain, sell, transfer, assign and set over unto the said F. L. as well all and every the said Ker­sies and Cloths aforesaid, which are laden into the said Ship, for the use, accompt or behoof of me the said A. P. as afore is mentio­ned; As also all and every such adventure and adventures, sum and sums of Money, Goods, Wares, Merchandize, and encrease what­soever, which is or shall be returned, had, gained or gotten, by reason or in respect of the said Kersies and Cloths so laden out­ward, as aforesaid, or for or in respect of any part or parcel thereof, in any manner of wise, to have, hold, take, receive and enjoy all the Payments afore-mentioned, to be hereby given, granted, alie­ned, bargained, sold, transferred, assigned and set over, and every part and parcel thereof, to the said, &c. to his and to their own proper use and uses, to his and their own proper Goods, from henceforth freely for ever, and to the intent and purpose that the said F. L. his, &c. may the better have, receive and enjoy all the Goods, Merchandizes, and Premises afore hereby granted, bargain­ed, sold, assigned and set over, and every part thereof, according to the true meaning and purport of these presents, I the said A. P. do hereby make, authorize and appoint him the said, &c. my true and lawful Attorney irrevocable in my name and stead, but to his own use to do, execute, &c. all and every act, matter and thing whatsoever, touching or concerning the premises, or any part thereof, in as ample manner, &c. giving, and by these presents granting, &c. and I do hereby covenant, &c. to ratifie all and whatsoever, &c. Covenants for quiet enjoying, without any let, reclaim, &c. and to do any further act, &c. but the said F. L. to abide the bazard at Sea. In witness, &c.

A Deed of Gift in consideration of the discharging of Debts.

TO all, &c. I J. W. of, &c. send greeting. Whereas I am in­debted, and do owe unto divers persons divers sums of Mo­ney, which I cannot satisfie, or make payment of, as my said Creditors do desire, by reason many Debts are owing unto me; And whereas my loving Friends, &c. have undertaken to give sa­tisfaction to my said Creditors, for my said Debts owing, as afore­said: Know ye, That I the said J. W. for and towards the in­dempnity and saving harmless them the said, &c. for and concern­ing the payment of the said Debts, have given and granted, and by these presents do, &c. unto the said, &c. all and every such sum and sums of Money, Goods, Chattels and Debts, as I now have and am possessed of, and which are due, owing, or payable unto me in the Hands or Custody of any person or persons what­soever, mentioned in a Schedule or Inventory to these presents annexed; To have, hold, receive, take and enjoy the said Goods, Chattels, Credits, Sum and Sums of Money, unto the said, &c. their Executors and Administrators, to their and every of their use and uses, and as their and every of their own proper Goods for ever, absolutely, without any reclaim, challenge or contradiction of any person or persons whatsoever. And I have set and put the said, &c. in full and peaceable possession of all and every the pre­mises, by the delivery unto them of a piece of Money, called Six pence, fixed in the Seal hereof. And for the better recovery of the said Debts, I the said J. W. have made, ordained and authorized, and by these presents constitute and appoint the said, &c. and every of them, to be my true and lawful Attorney irrevocable in the name of me, my, &c. but to and for, &c. to ask, sue for, levy, re­cover and receive all and every such Goods, Chattels, Credits, Debts, Sum and Sums of Money, as are in these presents, and in the said Schedule specified; And all and every the Debtor and Debtors, Detainer and Detainers thereof, or of any part thereof, to sue, implead and prosecute by due course of Law in any Court of Record or Equity: Giving, and by these presents granting, &c. my full power, strength, &c. (as in a Letter of Art.) A Cove­nant for allowing and justifying all Actions, &c. without any non­suit, retraxit, or other act or thing, or without any account, &c. and to make further Letters of Art, and assurance for the recovery of the premises; to the true performance whereof I bind me, my, [Page 235]&c. in the said his, &c. in the sum of, &c. firmly by these presents. In witness, &c.

A Deed of Gift of Goods of Warranty.

TO all, &c. I A. B. &c. send greeting: Know ye, That I the said A. B. being of a good and perfect mind, and without fraud or deceit, for divers good Causes and Considerations me hereunto moving, have given, granted and confirmed, and by these presents do give, grant and confirm unto, &c. All and sin­gular my Goods, Chattels, Implements, Debts, Bills, Bonds, Spe­cialties, Necessaries, Sums of Money, and other things whatsoever, as well moveable, as immoveable, of what nature, kind or quality soever they be, and in whose Hands, Custody, Possession, Gover­nance or Keeping, or whatsoever place or places they be or may be found, as well on this side, as beyond the Seas. To have and to hold, levy, perceive, use, receive and enjoy all and singular the said Goods, Chattels, Implements, Credits, Debts, Specialties, Sums of Money, and all other the premises, with all and singular their appurtenances unto the said C. D. his, &c. to the only pro­per use and behoof of the said C. D. his, &c. for ever. Freely, peaceably and quietly, without any manner of reclaim, challenge or contradiction of me the said A. B. my, &c. or of any other person or persons, by any means, title or procurement in any man­ner or wise, and without any account, reckoning, or answer there­fore to me, or any in my name, to be given, rendred, or done in time to come; So that neither I the said A. B. my, &c. nor any other person or persons by us, for us, or in our names, or in the name or names of us, or any of us, at any time or times hereafter, may ask, claim, challenge or demand in or to the premises, or any part thereof, any interest, right, title, ose or possession, but from all action of right, title, claim, interest, use, possession and demand thereof, we and every of us to be utterly excluded, and for ever debarred by these presents. And I the said A. B. my, &c. all the said Goods, Chattels, and other things above mentioned, with their appurtenances, unto the said C. D. his, &c. to the use above said, against all people will warrant, and defend by these presents, of which said Goods, Chattels and other things, I the said A. B. have put the said C. D. in peaceable possession, by the delivery of Six pence, which I have paid and delivered to the said C. D. the day of [...]e date hereof. In witness, &c.

A Covenant that the Lessor shall seal a new Lease, and in the interim the Lessee to enjoy, though the old Lease be surrendred.

TO all, &c. I B. H. send greeting: Whereas J. M. at the re­quest of me the said B H. and for the consideration hereafter specified, hath granted and surrendred by his writing, beating date with these presents, one Indenture of Lease bearing date the, &c. and all the right, interest, and term of years, which he the said J. M. now hath, or of right ought to have of, in and to, &c. in the said Indenture of Lease, specified by me the said B. H. unto him the said J. M. demised for the term of, &c. and for the Rent of, &c. payable quarterly. Now know ye, That I the said B. H. for me, my Executors and Administrators, do covenant and grant to and with the said J. M. his, &c. and to and with every of them by these presents, that I the said B. H. my, &c. in consideration of the said Surrender of the said Lease and premises, and for other good Considerations me moving, shall and will at the Costs and Char­ges of me the said B. H. my, &c. at or before, &c. make, seal, and in due form of Law deliver unto the said J. M. his, &c. one other good and sufficient new Lease of the said, &c. for the remain­der of the said term of, &c. then to come, for and upon such Rent, Covenants and Conditions as are specified and contained in the Lease above receited, made by me the said B. H. unto the said J. M. [Page 237]And that the said J. M. his, &c. shall and may in the mean time, until the said new Lease of the premises shall be by me unto him so made, sealed and delivered, as is aforesaid, peaceably and quietly have, hold and enjoy the said Messuage or Tenement, Shop and Premises, with the appurtenances, and every part and parcel thereof, without any let, trouble or contradiction of me the said B. H. my, &c. or any other person or persons, claiming, or which shall or may claim any Estate or Interest in or to the premises, or any part thereof, by, from, or under us, or any of us, in as large and ample manner and sort, to all intents and purposes, as if the same Indenture of Lease had been in full force, and still remaining in the Hands of him the said J. M. In witness, &c.

A Covenant not to commence any Action or Suit against a Surety that stands bound.

TO all, &c. Whereas J. M. and F. F. of, &c. by their Obli­gation dated, &c. are and stand bound unto me the said J. in the sum of, &c. conditioned for payment of, &c. at a day long sithence past, as by the same Obligation and Condition thereof, more plainly appeareth, which said sum of, &c. or any part thereof, was not paid according to the Condition of the said Obligation, whereby the said Obligation became forfeited. And whereas the said J. in Easter Term, in the year, &c. in the Court, &c. obtained judgment of, &c. together with, &c. Costs against the said, &c. as by the Records of the said Court more plainly may appear: Now know ye, That I the said, &c. for divers good Causes and Considerations me especially moving, am pleased and contented, and for me, my, &c. do covenant, promise and grant to and with the said their, &c. That neither I the said, &c. my, &c. nor any of us, nor any other person or persons whatsoever, in the name of us, or any of us, shall at any time or times hereafter use, im­plead, molest, arrest, attach, imprison and condemn, or cause to be, &c. the said I. M. his, &c. or any of them, for or upon the aforesaid Obligation so forfeited, as aforesaid, or by vertue of the said Judg­ment, or of any Execution or Elegit to be had or procured thereup­on, or by any other wayes or means whatsoever. In witness, &c.

A Covenant to pay the Sheriff, or his Bayliff, for apprehending a man.

TO all, &c. I T. O. of, &c. send greeting. Whereas, &c. doth owe and is indebted unto me the said, &c. in the sum of, &c. by Bill or Writing Obligatory under his Hand and Seal, upon which Bill I have commenced a Suit at Law, and thereupon had Judgment, upon which I have taken out Execution: And whereas M. F. Sheriff of, &c. or T. S. Bayliff of the Wapen­take or Hundred of, &c. for the considerations here-under written and agreed upon, hath undertaken to do his best endeavour for the serving of the said Execution, and by vertue thereof to apprehend the Body of the said J. S. Now know ye, That I the said T. O. for me, my, &c. do covenant, &c, That if the said M. F. or T. S. do serve the said Execution upon the Body of the said J. S. and him imprison and commit unto the Goal, whereupon he may re­main charged with the said Debt; or if upon serving the said Exe­cution, the said J. S. do pay, &c. the said Debt, or compound with me for the same, that then in any of the cases aforesaid, I the said, &c. shall and will forthwith pay the said M. F. or T. S. the sum of, &c. in consideration of the said business so to be performed, &c. In witness, &c.

Covenants between two Partners, at the dissolution of their Co-partnership.

THis Indenture made, &c. between T. H. C. and G. of Lon­don of the one part, and W. I. C. and G. of London aforesaid, of the other part, witnesseth, That whereas the said T. and W. by their Indenture of Co-partnership, beating date, &c. for the con­fideration in the said Indenture specified, did condescend, conclude and agree to become and continue Joynt-Dealers and Co-partners together, in the Art and Mystery of, &c. and in buying, selling and uttering of, &c. and all other Wates, Commodities and Mer­chandizes belonging, or commonly used to and with the said Trade for the term of, &c. from the Feast-day of, &c. last past, &c. (if the said T. and G. should so long live: and unless they the said T. and W. should otherwise agree together, as by the said Indenture of Co-partnership (whereunto relation being had) more at large, &c.) And whereas the said T. and W. by their mutual consents, [Page 239]free-will and agreement, and for very good Causes and Conside­rations them thereto moving, have thought good to dissolve and break off the Co-partnership, and from thenceforth to become no Co-partners together. Now this Indenture further witnesseth, That it is covenanted, concluded and fully agreed, by and between the said, &c. for and concerning the premises, in manner and form following, viz. first the said W. for, and in consideration of a certain sum of money to him the said W. in Hand, at the enseal­ing and delivery of these presents by the said T. well and truly paid and delivered for him, his, &c. doth covenant and grant, &c. by these presents to assign and set over, remise and release unto the said T. his, &c. all and every such part, portion and share, as he the said W. his, &c. hath, may, might or ought to have, of, in and to all and singular the Goods, Chattels, Housholdstuff, Wares, Merchandizes, Debts, Obligations, Specialties, Bills Obligatory, Sum and Sums of Money, and other things whatsoever incident, or belonging to the said late Co-partnership, or joynt-dealing in any manner of wise, and also his Estate, Interest, Right and De­mand therein, or in or to any part thereof, together with all such benefit and commodity as he the said W. his, &c. might or ought to have, had, taken or received, upon for or by reason of the said Bills, Bonds, Books, Obligations, or Speci [...]lties belonging to the said Co-partnership. And that it shall and may be lawful to and for the said T. his, &c. to have, keep, receive and enjoy as well all and every the Goods, Chattels, Houshold-stuff, Wares and Mer­chandizes belonging to the said late Co-partnership, as also all and every such Debts, Duties, Sum and Sums of Money, as shall be had, received, obtained or gotten by vertue of the said Book, Bills, Bonds, Obligations or Specialties, or any of them, or of any Suit, Judgment, Execution or Process thereupon to be commen­ced, pursued, had or taken without the let, trouble or contradiction, or the unjust Plea in Bar arising from any act or thing heretofore done, or hereafter to be done, or willingly suffered by the said W. his, &c. or any of them, and without any accompt or other thing to be therefore rendred, or yielded to the said W. his, &c. or any of them. And further, that he the said W. heretofore hath not received any sum or sums of money, belonging to the said late Co-partnership (other than such as are already allowed upon ac­compt) nor hath released or discharged, nor that he, his Executors or Administrators shall or will hereafter receive, release, discharge or make frustrate all or any of the said Debts, Duties, Sum or Sums of Money, Bonds, Specialties or Demands, due or to be [Page 240]due, by vertue of the said Bills, Books, Specialties, Obligations or Agreements, or any of them other than such as are allowed upon accompt, as aforesaid) without the consent or agreement of the said T. H. his, &c. first had and obtained in writing, under his or their Hands, nor voluntarily or willingly discontinue, disavow or suffer to be non-suited in, or make any retraxit, or otherwise discharge, hinder or delay any Action, Suit or Plaint whatsoever, which he the said T. H. now hath, or at any time hereafter shall commence, prosecute or pursue in the name of the said W. G. his, &c. for the recovery or obtaining of the said Debts, Duties, Sum or Sums of Money, or Demands belonging to the said late joynt dealing, but that he the said W. G. his, &c. shall and will from time to time, and at all times hereafter, upon the reasonable re­quest, and at the costs of the said T. H. his, &c. justifie, allow, maintain and avow all and every such action, suit, plaint and arrest, as he the said his, &c. shall commence, &c. for the recovering, levying, obtaining or getting of all or any the Debts, &c. belong­ing to the said late Co-partnership, ratifying, &c. all and every lawful act, matter and thing whatsoever, which he the said his, &c. shall commence, prosecute, &c. for the recovering, &c. the said Debts, Duties, &c. or any of them. And lastly, that he said T. H. his, &c. shall and will from time to time, and at all times hereafter, well and sufficiently acquit and discharge, save and keep harmless the said W. his, &c. of and from all and all manner of Troubles, Damages, Artests, Costs, Charges and Incumbrances whatsoever, which shall or may be taxed, urged, or happen to be had, recovered or obtained against the said T. his, &c. for or by reason or means of any action, suit, &c. which the said T. H. now h [...]th, or shall hereafter commence, &c. or cause to be commen­ced, &c. against any person or persons, for recovering, having or obtaining any of the said Debts, Duties or Demands above speci­fied, or for any the Debts, Duties, Sum or Sums of Money, or any thing whatsoever, touching the said late Co-partnership now owing, or which hereafter shall be due or payable to the said T. and W. or either of them, or any person or persons whatsoever, or for or by reason of any Debts now owing, or Wares taken up upon credit by him the said T. his, &c. and not charged upon the said partible accompt, wherewith or whereby he the said W. G. his, &c. shall or may be charged or chargeable. In witness, &c.

A Partition of Debts between one Co-partner, and the Exe­cutor of the other, and to sue, &c.

THis Indenture made, &c. between R. E. Citizen, &c. and R. S. of London. Gentleman, Son and Heir appatent of W. S. late Citizen, &c. deceased, and Executor of the last Will and Testament of the said W. S. of the other part, witnesseth, That where­as the said R. E. and W. S. in the life-time of the said W. S. for many years together, did deal and traffique as joynt Partners and Occupiers in the Trade of, &c. and other Merchandizes, and in buying, selling and merchandizing, and by reason thereof divers and sundry sums of money, by divers and sundry persons became due and payable to them joyntly as Debts, owing to the said R. and W. joyntly. And whereas therefore the said R. E. and W. S. in the life-time of the said W. S. by agreement between them, di­vers Debts due and owing between them, did sever and part in such manner and form, as in and by a certain pair of Indentures, bear­ing date the, &c. (and certain Schedules thereunto annexed) made between the said R. E. of the one part, and the said R. S. &c. is mentioned, and more plainly doth and may appear, sithence which time, divers and several of the Debts therein mentioned, have been received and compounded for, as well by the said R. E. and W. S. in the life-time of the said W. as also by the said, &c. Executor of the said W. sithence the decease of the said W. And whereas also divers and sundry other sums remaining then and yet unpaid, and uncompounded for, for the better recovery whereof, and for the continuing of peace and amity between them, they the said R. E. and R. S. have equally divided those Debts, yet remaining unreceived or compounded for, as in and by two several Schedules thereof made (the one called the first Schedule, wherein the Debts, Duties, Sums of Money and Demands, yet unreceived, now al­lowed and appointed to the said R. S. are contained and mentio­ned; and the other called the second Schedule, wherein the Debts, Duties, Sums of Money and Demands, yet unreceived and now appointed to the said R. E. are likewise contained and mentioned, and hereunto annexed) more plainly it doth and may appear.

This Indenture now further witnesseth, That it is covenanted, granted, concluded and fully agreed between the said R. E. and R. S. for and concerning the premises, in manner and form follow­ing, viz. first the said R. E. for him, &c, doth by these presents [Page 242]grant, assign and set over, remise and release unto him the said R. S. all and every the Debts, Obligations and Bills Obligatory, and several sums of money in the said Schedule annexed unto this pre­sent Indenture, called the first Schedule mentioned and expressed, and all his part, portion, interest, right and demand therein or there­of, with all such benefit and commodity, as the said R. E. his, &c. can or may lawfully take, receive or have upon or by reason of any the said Obligations, Bills, Debts, Duties or Demands contained or mentioned in the said Schedule called the first Schedule alotted to the said R. S. And further, the said R. E. doth by these pre­sents, for him, his, &c. constitute, and in his place appoint the said R. S. during his life, and after the death of the said R. S. his Executors and Administrators, to be his lawful Attorney irre­vocable, for and in the name of the said R. E. during his life, and after his decease, for and in the name of his, &c. to ask, take, &c. of all the Debtors in the said Schedule, called the, &c. and annexed to this present Indenture mentioned, or any of them, or of the Heirs, &c. all and every the sum and sums of Money in the said Schedule, called the first Schedule, mentioned or contained; and the said R. E. for him, his, &c. doth covenant and grant to and with the said R. S. his, &c. by these presents, that it shall and may be lawful to and for the said R. S. during the life of the said R. S. and to and for the Executors of the said R. S. after his de­cease, at the only costs and charges of the said R. S. his, &c. or some of them in the name of the said R. E. during his life, and after his death, &c. to prosecute any Actions, Suits or Plaints for the recovery of all or any the Debts, Duties or Demands in the said Schedule annexed to this present Indenture, called, &c. con­tained or mentioned, against all or any of the Debtors therein named; their, &c. and the same Actions, Suits and Plaints, and every or any of them, at the like costs and charges of the said R. S. his, &c. without the let, trouble, contradiction, or the unjust plea in bar, arising from any act heretofore done by the said R. S. his, &c. to prosecute and pursue, until judgment and execution there­upon shall be had and taken, and all such sum and sums of money, as shall upon or by reason of any such suit or suits, happen to be recovered, had, levied or received, to take and keep to the only use and behoof the said R. S. his, &c. without any accompt, or other thing therefore to be rendred or yielding to the said R. his, &c. or any of them, ratifying, &c. all and every action, act and thing, which the said R. his, &c. shall make, do, commit or execute, or cause, &c. in of about the premises, for and touching the recovery, [Page 243]or receiving of all or any the said Debts in the said Schedule men­tioned. And the said R. E. his, &c. doth by these presents cove­nant, &c. to and with the said R. S. his, &c. that the said R. E. hath not heretofore released or discharged, nor that he, his, &c. shall or will release or discharge all or any the Debts, Duties, sums of Money or Demands in the Schedule, &c. without the consent or agreement of the said R. S. his, &c. first had and obtained in writing under his or their Hand, or voluntarily or willingly dis­continue, disavow, or be non-suited in, or make any retraxit, or otherwise discharge, to hinder or delay any such action, suit or plaint, which the said R. E. his, &c. shall at any time hereafter commence, &c. in the name of the said R. S. for recovery or ob­taining of all or any the said, &c. in the said Schedule, &c. men­tioned. But that the said R. E. his, &c. shall and will from time to time, and at all times hereafter, justifie, avow, &c. all and eve­ry such actions, suits, &c. which he the said R. S. his, &c. shall at any time hereafter commence or prosecute at the costs and charges of the said R. S. his, &c. against any person or persons, for reco­very or obtaining of all or any the said Debts, &c. in the said Sche­dule annexed to this present Indenture, called, &c. mentioned or expressed. Ratifying, &c. all and every matter and thing whatso­ever, which the said R. S. his, &c. or any of them shall commence, make, do, execute or prosecute, for the receiving, recovering, le­vying, &c. the said Debts, &c. or any of them. And the said R. S. for him, his, &c. and every of them in consideration of the premises, doth by these presents covenant and grant to and with the said R. E. his, &c. and every of them, that he the said R. S. his, &c. shall and will from time to time, and at all times hereafter sufficiently acquit, discharge and save harmless the said R. E. his, &c. and every of them, of and from all manner of Damages, Trou­bles, Suits, Arrests, Costs and Charges whatsoever, which shall be taxed upon, or happen to be had, brought, recovered, or obtained against the said R. E. his, &c. Goods, Chattels or Lands, for or by reason of any Action, Suit, Plaint, Process, Judgment, Arrest or Execution, which the said R. S. his, &c. shall hereafter bring, com­mence, pursue or prosecute, or cause to be, &c. against any person or persons, in the said Schedule annexed to this present Indenture, called the first Schedule, named, contained or mentioned there, &c. for the recovering or obtaining of any the said Debts, Duties, &c. in the said Schedule mentioned. And the said R. S. for him, his, &c. doth further covenant, grant, assign, set over, remise and re­lease unto the said R. E. all and every the Debts, Obligations and [Page 244]Bills Obligatory, and several sums of Money, Duties and De­mands in the said Schedule called, &c. annexed to this present In­denture allotted to the said R. S. contained and expressed, and all Bills, Bonds, Obligatory Writings and Specialties whatsoever, touching or concerning the same, or any of them, and all his part, portion, interest or demand therein or thereunto, or of any part or parcel thereof, together with all such benefit and commodity as the said R. S. his, &c. can or may lawfully have, take or receive, upon or by reason of any the said Debts, Duties or Demands, con­tained or expressed in the said Schedule, &c. And that all and eve­ry the several sums of money in the said Schedule, &c. annexed to these presents, contained and expressed, shall be and remain fully and wholly to the said R. S. his, &c. without let, trouble or con­tradiction, or without any accompt, or other thing to be therefore rendred or yielded unto the said R S. his, &c. or any of them. And the said R. S. doth by these presents further covenants, pro­mise and grant, to and with the said R. E. his, &c. That neither the said W. S. in his life-time, nor the said R. S. sithence the time of his decease, nor either of them heretofore have not received, released or discharged, nor that the said R. S. his, &c. shall or will receive, release or discharge all or any the said Debts, Du­ties, Summe or Sums of Money or Demands in the said Sche­dule, &c. contained and expressed, and allotted to the said R. E. for his part of the premises, as aforesaid, without the con­sent of the said R. E. his, &c. therennto first had and obtained in writing, under his or their hands. Nor otherwise voluntarily or willingly discharge, hinder or delay any Action, Suit or Plaint whatsoever, which the said R. E. his, &c. shall at any time here­after commence, &c. for recovery or obtaining of all or any the said Debts, &c. in the said Schedule, &c. mentioned; and whereas the Debt-Books, and other Books, Bills, Bonds, Ob­ligations and Specialties, wherein the Debts, Duties and Demands before mentioned, and wherein and whereby any Wares or Mer­chandizes were sold, or delivered to the persons in the said Sche­dule named, are contained or expressed, are now in the hands and possession of the said R. S. therefore the said R. S. doth co­venant for him, his, &c. to deliver the same to the said R. E. his, &c. upon demand, and shall and will likewise upon the like re­quest at the place aforesaid, produce and shew forth to the said R. E. the said Book called the Debt-Book, and all other Books, Scores and Writings, which remain in the hands, possession or custody of the said R. S. wherein the said Debts, Duties or Demands, or any [Page 245]of them contained in the said Schedule, &c. are mentioned or ex­pressed, or whereby or wherein any Wares or Merchandizes, touching or concerning the same, were sold or delivered to any the persons in the said Schedule, &c. whereby the said R. E. may have and take the view, benefit and use thereof to be shewed or pro­duced forth in any Court or Courts of Record, or else-where for the declaring, proving or recovering of all or any the said Debts in the said Schedule, &c. or other occasions whatsoever, without any let, &c. In witness, &c.

A Conveyance from J. T. and El. his Wife (being Tenant in tayle) to R. H. and El. his Wife, and the Heirs and Assigns of R. H. for ever.

THis Indenture, &c. between J. T. of, &c. Gent. and Elinor his wife, Cousin and next Heir of T. L. late of the City of, &c. Gent. deceased, without Issue of his Body (that is to say) the only Daughter and Heir of W. L. Gent. elder Brother and Heir of the said T. L. of the one part, and R. H. of, &c. and El. his wife, of the other part, witnesseth, That they the said J. T. and El. his wife, as well for and in consideration of the sum of 210 l. of, &c. by the said R. H. unto them the said J. T. and El. his wife, at the ensealing and delivery of these presents, well and truly in hand paid, the receipt whereof they the said J. T. and El. his wife, do hereby acknowledge, and thereof, and of every part and parcel thereof, do fully, clearly, and absolutely acquit, exonerate and dis­charge the said R. H. his Heirs, Executors and Administrators, and every of them by these presents, have granted, aliened, bargain­ed, sold and confirmed, and by these presents, &c. unto the said R. H. and El. his wife, all that one Messuage or Tenement, &c. to­gether also with all and singular the Rooms, Cellars, Sollers, Halls, Parlours, Chambers, Houses, Housings, Vaults, Pavements, Courts, Yards, Easements, and other Hereditaments, Emolu­ments and Appurtenances whatsoever, unto the said Messuage or Tenement and Premises, or any of them appurtenant, belonging or appertaining, or [...]had, used, demised, occupied or enjoyed as part, parcel or member thereof, or as thereunto, or to any part thereof belonging or appertaining, and the reversion and reversi­ons, remainder and remainders of them, and every of them, and also they the said J. T. and El. his wife, for the consideration afore­said, have granted, bargained and sold, and by, &c. unto the said R. H. his Heirs and Assigns, all and singular Letters-Patents, Exemplifications of Fines and Recoveries, Chirographies of Fines, [Page 246]Charters, Deeds, Indentures, Counterpanes, Writings, Evidences, Escripts and Minuments whatsoever concerning only the premises hereby mentioned, to be bargained and sold, or only any part thereof, and which now are in the Hands, Custody or Possession of the said J. T. or any other person or persons, by his delivery or appointment, or to his use, or to the use of the said El. his wife, and which he may have, obtain or come by, without suit in the Law, and also true Copies of all such other Letters-Patents, exem­plifications of Fines and Recoveries, Chirographies of Fine;, Charters, Deeds, Indentures, Counterpanes, Writings, Evidences, Escripts and Minuments whatsoever, amongst other things con­cerning the premises, or any part thereof, and which now are in the Hands, Custody or Possession of the said J. T. or any other person or persons, by his delivery or appointment, or to his use, or which he may have, obtain or come by, without suit in the Law; all and singular which said Letters-Patents, Exemplifications, Chirographies, Charters, Deeds, Indentures, Counterpanes, Writ­ings, Evidences, Escripts and Minuments, so hereby bargained and sold by the said J. T. he the said J. T. doth hereby grant and agree to deliver, or cause to be delivered to the said R. H. his Heirs or Assigns, on this side the Feast of the Annunciation of the blessed Virgin Mary now next coming, safe, uncancelled and un­defaced, as now the same are, together with the said Copies, the writings of the said Copies to be paid for by the said R. H. to the receipt of the said Copies, To have and to hold the said Messnage or Tenement and Backside, and all and singular other the premises hereby mentioned, to be bargained and sold, and every of them, with their and every of their appurtenances, and the Reversions and Remainders of them, and every of them, unto the said R. H. and El. his wife, and the Heirs and Assigns of the said R. H. to the only proper use and behoof of the said R. H. and El. his wife, and the Heirs and Assigns of the said R. H. for ever, without any Mortgage, Condition, redemption, use or limitation to recal, alter, charge or determine the same to be holden of the chief Lord or Lords of the Fee or Fees, whereof the premises have been holden by the Rents and Services therefore due and of right accustomed. And the said J. T. for himself, his Heirs, Executors and Admini­st [...]ators, doth covenant and grant to and with the said R. H. his Heirs and Assigns, and to and with every of them by these pre­sents, that she the said El. his wife, is seized of the reversion of the said bargained premises of an Estate to her and the Heirs of her Body lawfully begotten, immediately expectant upon an estate for [Page 247]the life of Hellen Cl. now wife of Leo Cl. of, &c. Gent. with fur­ther remainder or reversion immediately expectant upon the said Estate-tail, to the right Heirs of the said El. for ever (without any reversion or remainder of the same, or of any part thereof, in our Soveraign Lord the King, or otherwise) of the full, absolute reversion, in Fee-simple expectant, upon the said Estate for life of the said Hellen: And the said J. T. for himself, his Heirs, Exe­cutors and Administrators, doth covenant and grant to and with the said R. H. his Heirs and Assigns, and to and with every of them by these presents, that they the said R. H. and El. his wife, and the Heirs and Assigns of the said R. H. and every of them, shall and may from time to time, and at all times hereafter for ever, after the decease of the said Hellen, peaceably and quietly have, hold, occupy, possess and enjoy the said Messuage or Tene­ment, Backside and Premises, without the let, interruption, trou­ble, expulsion or eviction of the said J. T. and El. his wife, or either of them, or of their or either of their Heirs, of their or either of their Bodies begotten, or to be begotten, or any other Heir or Heirs of them, or either of them, or of any heir or heirs of T. L. Gent. deceased, and without any lawful let, trouble, interruption, expulsion or eviction of any other person or persons whatsoever, now having, or lawfully claiming to have, or which hereafter may have, or lawfully claim to have any manner of estate, right, title, interest, thing or demand, of, in, to, or out of the said bar­gained premises, or any of them, by, for, from, or under them, or any of them, or by, from or under the said Hellen, or by their or any of their means, consent or procurement (except such per­son and persons, which may lawfully claim under the Leases and Estates herein after excepted) and freed and discharged, or other­wise within convenient time, after reasonable request, well and sufficiently saved and kept harmless, and indempnified by the said J. T. his Heirs, Executors and Administrators, or some or one of them, of and from a land all manner of former and other Bar­gains, Sales, Gifts, Grants, Alienations, Estates, Leases, Joyntures, Dowers, Uses, Wills, Entails, Rents, Charges, Rents-seck, and arrerages of all manner of Rents, Statutes-Merchant, and of the Staple recognizances, Judgments, Executions, Fines, Post-sines, and of and from all other Titles, Troubles, Charges and Incum­b [...]a [...]ces whatsoever heretofore had, made, done, committed, omi­ted, or wittingly or willingly suffered or procured, or hereafter to be had, made, done, committed, wittingly or willingly suffered or procured by the said I. T. and El. T. L. and H. or either or [Page 248]any of them, their or either, or any of their Heirs or Assigns, or by any other person or persons whatsoever, by their or any either of their means, assent, consent or procurement, one estate thereof heretofore made by the said T. L. and Hellen his late wife, by Fine and other assurances to the use of the said T. L. and Hellen, and the Heirs of the said T. L. and one Lease made by the said Hellen and J. T. and El. his wife to R. by Indenture bearing date, April 25. in the Twelfth year, &c. and all arrerages of rents, now ac­crued, or to accrue, by reason of the same, and one other Lease made by the said J. T. and El. to the said Hellen, for One hundred years, for better security of payment of six pounds per annum, to the said Hellen, and her Assigns, during her life only excepted, and fore-prized: and the said J. T. for himself, his Executors and Administrators, doth covenant and grant, to and with the said R. H. and El. his wife, and the Heirs and Assigns of the said R. H. by these presents, that they the said J. T. and El. his wife, and either of them, and their and either of their Heirs, and all and every other person and persons, now having, or lawfully claiming to have, or which at any time hereafter shall or may lawfully claim to have any estate, right, title or interest, of, in or to the said premises, and every or any of them, by, from, or under the said J. T. and El. his wife, and T. L. or by, from or under either or any of them, other than the said Hellen, and such as may claim under her, for her Estate, as aforesaid, and other than such, which may claim under the said excepted Leases, or either of them, shall and will from time to time, and at all times after the date of these presents, at and upon the reasonable request, and only cost and charges in the Law of the said R. H. and El. his wife, and the Heirs and Assigns of the said R. H. or any of them, do, make, knowledge, execute and suffer, or cause to be done, made, knowledged, executed and suffered, all and every such further, lawful and reasonable act and acts, thing and things, device and devices, assurances and con­veyances in the Law whatsoever, which shall be or may be for the more better and perfect assurance, sure-making and conveying of all and singular the said bargained premises, and every part and [...]arcel thereof, with the appurtenances unto the said R. H. and El. his wife, and the Heirs and Assigns of the said R. H. to the only proper use and behoof of the said R. H. and El. his wife, and of the Heirs and Assigns of the said R. H. for ever, accord­ing to the true intent and meaning of these presents, be it by Fine, Feossment, recovery, with single, double, or more Voucher or Vouchers, over Deed or Deeds inrolled or not inrolled, the in­rolment [Page 249]of these presents, release or confirmation with warranty, or without warranty, or by all, every, or as many of the said wayes and means, as by the said R. H. and El. his wife, his Heirs or As­signs, or his or their, or any of their Council learned in the Law, shall be reasonably devised, advised and required, so as for the making, doing, knowledging, executing, suffering or performing such further acts, things, devices, assurances and conveyances, or any of them, the person or persons that are to make such further assurance by force of this Covenant, or any of them, be not com­pelled to travel above the space of twenty Miles, nor by such acts, things, devices, assurances or conveyances, or any of them, be com­pelled or compellable, to warrant, acquit or defend the premises, or any of them, more largely, or more generally, than only against acts, charges, titles, troubles and incumbrances, had, made or done, or wittingly or willingly, suffered by them, or by any of their means, assent, consent, privity or procurement, but not in any ways to warrant against the said Leases and Estates before excepted, or either or any of them. And moreover it is covenanted, granted, concluded and agreed upon, by and between all and every the said Parties to these presents, that all and every Fines, Feoffments, Re­coveries, Acts, Things, Assurances and Conveyances in the Law whatsoever, hereafter to be had, made, levied, suffered, executed or performed, of the said premises, or any part thereof, and where­unto the said J. T. and E. his wife, or either of them, or their or either of their Heirs shall in any wise be Party or Parties, Vouchee or Vouchees, shall be and enure, and shall be deemed, construed, reputed, adjudged, and taken to be and enure, to the only proper use and behoof of the said R. H. and E. his wife, and of his Heirs and Assigns for ever, and to none other use or uses, intents or purposes whatsoever. And this Indenture further witnesseth, That the said J. T. for the consideration aforesaid, hath granted, bargained, sold and confirmed, and by, &c. unto the said R. H. his Executors, Administrators and Assigns, all such Goods, Im­plements, Housholdstuff, Utensils, and things which are mentioned in a Schedule indented, hereunto annexed; and doth hereby also covenant and grant to & with the said R. H. his executors, admin [...] strators and Assigns, that he hath full power and sufficient and good right and property to grant the same accordingly: and the said J. J. for himself, &c. doth covenant to & with the said R. H. his heirs & assigns, that he, his heirs and assigns, shall and will at all times here­after, upon the request, and at the charges of the said R. H. his heirs and assigns, shew, or cause to be shewn forth in any Court of Law [Page 250]or Equity, or other place necessary, all Evidences which he or they shall have in their hands, or may lawfully come by, without s [...]t of Law, concerning the said bargained [...]remises, or any part thereof, for maintenance of his Estate hereby mentioned, to be assured unto him and his heirs, and shall and will permit and suffer the same to remain in such Court or place, so long as shall be ne­cessary in such behalf. In witness whereof, &c.

Robert Farr being seized of a Tenement in Fee with remainders, wherein Eliz. Farr. hath an Estate for her life, having levied a Fine, now suffereth a recovery, and setleth and assureth the same to Robert Bleck, and his heirs in Fee-simple by the subsequent Deed.

THis Indenture Quadripartite, &c. between Robert Farr, Son and Heir of, &c. G. G. and E. Ar. of, &c. of the first part, Robert Bleck of, &c. of the second part, W. H. and T. H. of, &c. of the third part, and I. P. and H. Bl. of the fourth part, witnesseth, That for and in consideration of the sum of 200 l. of, &c. to the said R. F. before the ensealing and delivery hereof, well and truly satisfied and paid by the said R. Bl. whereof the said R. F. doth by these presents acknowledge the receipt, and whereof, &c. He the said R. F. and the said G. G. and E. Ar. at his request and nomi­nation have, and every of them hath (by and with the consent and direction of the said R. B.) granted, bargained, sold, aliened and confirmed, and by, &c. unto the said W. F. and T. Y. all that great Messuage, &c. together with all Houses, Buildings, &c. and the Rents, Services, Reversions and Remainders thereof, and al­so all the estate, right, title, interest, challenge, claim and demand whatsoever, of them the said R. E. G. G. and E. Ar. and every or any of them, of, in and to the laid granted Tenement, &c. and also all Deeds, Evidences, Charters, Writings, Escripts and Minu­ments whatsoever, which do touch or concern the said granted pre­mises, or any part thereof, To have and to hold the said Messuage or Tenement, Garden and Premises, before hereby granted or con­veyed, or mentioned or intended to be hereby granted and con­veyed, and every part and parcel thereof, with the appurtenances, unto the said W. F. and T. Y. their Heirs and Assigns, to the only uses, intents and purposes hereafter in these presents limited, ex­pressed and declared, that is to say, to the use of them the said W. F. and T. Y. and of their heirs, until a good and perfect com­mon recovery shall be in due form of Law, at the costs and charges of the said R. B. or his heirs, had and executed, of and for the [Page 251]said hereby granted, or intended to be granted, Messuage, Tene­ment and Premises against them the said W. F. and T. Y. before the Justices of the Court of Common-Pleas at Westminister, ac­cording to the usual course of common Recoveries in the same Court used for assurance of Lands and Tenements, in which reco­very the said I. P. and H. B. shall be demandants and recoverers, and the said R. F. shall be vouched to warrant, so as such recovery so to be had, be had and executed before the end of the term of St. Hillary next ensuing the date hereof, and from and after the full execution of the said recovery (in case the same shall be had and executed before the end of the same term of St. Hillary, the said recoveries intended shall stand seized, or in case the said re­covery intended to be had shall not be had and executed by the time aforesaid) then from and after the end of the same Term of St. Hillary, to the use of the said R. B. and of his Heirs and Assigns for evermore, and to and for none other use, intent or purpose, to be holden of the chief Lord or Lords of the Fee or Fees of the premises by the rents and services therefore due, and of right ac­customed, and the said R. F. for himself, his Heirs, Executors and Administrators, and for every of them, doth covenant, promise and grant, to and with the said R. B. his Heirs and Assigns by these presents, that for and notwithstanding any act, mat­ter or thing, had, made or done to the contrary by him, and the said E. F. his Father deceased, or either of them (except as herein after is excepted) the said R. F. G. G. and E. A. or some of them, are, or one of them is, at the ensealing and deli­very hereof, the true and lawful Owners or Owner of the said granted, or intended to be granted premises, and every part and parcel thereof, and of and in the same, and every part and parcel thereof lawfully and rightfully seized of a good, sure, sufficient and absolute Estate of Inheritance in Fee-simple, in his or their own right, and to the only use of them, or some or one of them, his or theirs, by good assurance, right or title in the Law indefeazible, without any reversion, remainder, or further interest in the Com­mon-wealth, or any other person or persons whatsoever, and also that notwithstanding as aforesaid (except as herein after is except­ed) the said R. F. G. G. and E. A. or some or one of them have or hath, at the time of the ensealing and delivery hereof, full power, good right and lawful authority, to grant, convey and assure the said granted, or intended to be granted premises, and every part and parcel thereof, in manner and form aforesaid, and according to the true intent and meaning thereof: and further also, that the [Page 252]said granted Messuage, Tenement and Premises, and every part thereof, with their appurtenances, now be and are, and so from time to time, and at all times hereafter, shall or may be, remain and con­tinue to the uses, intents and purposes aforesaid, in manner and form aforesaid, and according to the true intent and meaning of these pre­sents, clearly acquitted (freed) and discharged of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Leases, Mortgages, Joyntures, Dowers, Wills, Covenants, Intails, Sta­tutes-Merchant, and of the Staple, Recognizances, Judgments, Executions, Extents, Rents, Charge-rents, Seck, arrerages of rents, and of and from all other Titles, Charges, Troubles and Incum­brances whatsoever, at any time heretofore had, made, done, com­mitted, omitted, or suffered to be done, or at any time hereafter to be had, made, done, committed, omitted, or suffered to be done by him the said R. F. and the said E. F. his Father, or either of them, ex­cept an Estate assured to and upon E. H. widow, late wife of the said E. F. by him the said E. for the term of the life of the said E. of the premises hereby conveyed, or intended to be conveyed, which is intended to be surrendred for the better execution of the said intended recovery, and also except a Bargain and Sale lately made by the said R. F. G. G. and E. A. to the said W. F. and T. Y. of the same premises, to hold from December 20. last past, for the term of one whole year, which Bargain and Sale was in­tended, and made for the better execution of these presents; and the said R. F. for himself, his Heirs, Executors and Administrators, doth further covenant, promise and grant to and with the said R. B. his Heirs and Assigns by these presents, that he the said R. B. his Heirs and Assigns, shall or lawfully may from time to time, and at all times hereafter for ever, according to the true intent and mean­ing of these presents, peaceably and quietly enter into, have, hold and enjoy the said granted Messuage, Tenement, Garden and Pre­mises, and every part and parcel thereof with the appurtenances, without any let, interruption, challenge, claim, disturbance, evicti­on, ejection, molestation, hinderance or denial, of or by the said R. F. or of or by any other person or persons whatsoever, having or claiming, or pretending to have any lawful estate, right, title or in­terest in or to the premises, or any part thereof, from, by or under him, or his said Father deceased (except the said El. F. and such as shall or may claim, for, by, from or under, and only for, by, from or under the estate for life of the said El. F. and the Bargain and Sale before herein excepted) and further also, that he the said R. F. and his Heirs, and all and every other person and persons, having [Page 253]or claiming to have, or that shall or may have, or claim to have any right, title, estate or interest, of, in or to the premises, from, by or under him, or his said Father (except before excepted) shall and will from time to time, and at all times hereafter, during the space often years next ensuing the date hereof, upon the reasonable re­quest, and at the costs and charges of the said R. B. his Heirs or Assigns, make, do, suffer, acknowledge and execute, or cause or suffer to be done and executed, all such further and other lawful and reasonable acts, things and assurances, for the further, better and more perfect granting, assuring and conveying of the said Messu­age, Tenement, Garden and Premises, before hereby granted or mentioned, meant or intended to be hereby granted, with the appurtenances, to the use of the said R. B. his Heirs and Assigns for ever, according to the true meaning of these presents, as by him the said R. B. his Heirs or Assigns, or by his or their Council learn­ed in the Law, shall be in that behalf reasonably devised, or advised and required, so as for the making of such further assurance, neither the said R. F. nor any other person, by whom such assurance is to be made, shall be compelled or compellable to travel for the doing thereof, further than the Cities of London or Westminster, and so as such further assurance contain not, nor imply any further or more general warrant or acquittal, than is before herein comprized. And it is concluded and agreed by and between the said Parties to these presents; that all and every fine and fines, recovery and recoveries, and other assurances whatsoever, at any time here [...]ofore had, made, suffered or executed of the premises, or at any time hereafter be had or executed of the premises, or any part thereof, either alone by it self, or together with any other Lands, Tenements or Heredita­ments, and whereunto the said R. F. hath been, or he or his Heirs shall be in any sort Conusor or Conusors, Vouchee or Vouchees, Party and Patties, shall be and enure, and shall be deemed, ad­judged and taken to be and enure, as touching the said granted pre­mises, to and for the only use of the said R. B. and of his Heirs and Assigns for ever, and to or for none other use, intent or purpose whatsoever; provided alwayes, and it is the true intent and mean­ing of these presents, and of all the Parties hereunto, that nei­ther these presents, nor any thing therein contained, shall extend, or be construed to extend to charge the said G. G. and E. Ar. or either of them, their or either of their Heirs, with or for any war­ranty or acquittal of the said premises, or any part thereof, other than against him and themselves respectively, and his and their re­spective Heirs. In witness, &c.

John Vaugh ( seised of a Tenement jure uxoris for her life, the remain­der in Fee-tail belonging to Tho. M.) together with his wife, and the Tenant in tail, conclude to convey the same to T. S. and his Heirs, the assurance is by Fine and Recovery intended to be executed, the use whereof being to T. S. and his Heirs, is directed by the fol­lowing Deed; wherein are comprized necessary Covenants.

THis Indenture Quadripartite, made, &c. between I. V. of, &c. and Mary his wife, late the wife of E. M. late of, &c. deceased, of the first part, Tho. M. of, &c. Son and Heir of the said E. M. on the Body of the said Mary begotten, of the second part, Tho. S. of, &c. of the third part, and W. F. of, &c. of the fourth part. Whereas the said I. V. and M. his wife, stand seized in the right of the said M. of an Estate of Free-hold, for term of the life of the said M. the remainder thereof in Fee-tail to the said T. M. party to these presents, belonging with divers remainders over, of and in all that one great or Capital Messuage, &c. and also of and in all Houses, Edifices, &c. witnesseth now this present Indenture, that for and in consideration of the sum of 600 l. of, &c. to the said, &c. well and truly paid and satisfied, it is concluded and agreed by and between the said parties to these presents, that a good and perfect Estate of Inheritance in Fee-simple, shall be conveyed, setled and assured to and upon the said T. S. of and in all and sin­gular the said great Capital Messuage or Tenement and Mansion-house, now used as two Houses, as aforesaid, and all other the premises before mentioned, with their and every of their rights, members and appurtenances, and that to that end, intent and pur­pose, the said John V. and Mary his wife, and Tho. M. party to [Page 255]these presents, shall and will before the end of Michaelmas Term, now next ensuing the date hereof, acknowledge and levy to the said W. F. and his heirs, one Fine sur conuzance de droit come ceo, &c. to be sued out with Proclamations, according to the form of the Statute in that case made and provided, of all and singular the said Capital Messuage or Mansion-house, and other the Premises, with the appurtenances, by the name of two Messuages, with the appurtenances, in the Parish of, &c. or by some other apt name or names, as by counsel shall be thought meet, to the intent to make the said W. F. perfect Tenant of the Free-hold of the pre­mises, that so one Writ of Entry sur disseisin en le post, issuing out of the High-Court of Chancery, and to be returnable before the Justices of the Court of Common-Pleas at Westminster, may be obtained and sued out, whereby the said T. S. shall demand against the said W. E. all the said Capital Messuage or Mansion-house and Premises, by some apt name or names, as by counsel shall be ad­vised, to which Writ the said W. F. shall appear in person, or by Attorney thereunto lawfully authorized, and after count or decla­ration against him by the said T. S. he the said W. F. shall make defence by words of course, and vouch to warranty the said T. M. party to these presents, who shall likewise appear in person, or by his Attorney in that behalf lawfully and sufficiently authorized, and after count or declaration against him by the said T. S. shall make defence by words of course, and vouch to warranty the com­mon Vouchee, who shall appear in person at the Bar of the said Court of Common-Pleas, and after declaration against him, shall make defence, and enter into the warranty, and afterwards make default; whereupon several judgments shall or may be had, that so a good and perfect common recovery with double voucher, ac­cording to the course of common recoveries in the said Court of Common-Pleas used, may be had and executed of the premises: And this Indenture further witnesseth, and it is the true intent and meaning of these presents, and of all the parties to the same, that the said recovery so, or in any other manner to be had or executed, and the whole execution of the fine and recovery of the said Ca­pital Messuages and Premises, to be had or executed, as aforesaid, shall be and enure, and shall be deemed, adjudged, construed and taken to be and enure, to and for the only proper use and behoof of the said T. S. and of his Heirs and Assigns for ever, and to none other use, intent or purpose whatsoever. And the said John V. for himself, his Heirs, Executors and Administrators, doth cove­nant, promise and grant, to and with the said T. S. his Heirs and [Page 256]Assigns by these presents, that (saving and excepting the terms and estates herein after excepted) he the said J. V. and Mary his wife, at the time of the ensealing and delivery hereof, are, and so until the Fine aforesaid, by them to be levied, as aforesaid, shall be fully executed, as aforesaid, shall be seized in the right of the said Mary, of a good Estate of Free-hold for the life of the said Mary, of and in the Capital Messuage, Mansion-house and premises before men­tioned, to be setled and assured to or upon the said T. S. or his Heirs aforesaid, and that the said J. V. and Mary his wife, now have, and until as aforesaid, shall have full power, good right, and lawful authority to convey and assure the premises to the said T. S. and his Heirs, for the life of the said Mary, according to the true intent and meaning of these presents, and also that the said Capital Messuage or Mansion-house and Premises before mentioned, or intended to be hereby setled or assured, as aforesaid, and every part and parcel thereof, with the appurtenances, now be and are, and so from time to time, and at all times for ever, shall or may be, remain and continue unto the said T. S. his Heirs and Assigns according to the limitation aforesaid, and according to the true in­tent and meaning of these presents, clearly acquitted, exonerated and discharged, or otherwise by the said J. V. his Executors or Ad­ministrators, well and sufficiently saved and kept harmless of and from all former and other Grants, Leases, Mortgages, Estates, Acts, Titles, Charges, Troubles and Incumbrances whatsoever, had, made or done, or to be had, made, done or committed by him the said John V. and Mary his wife, or either of them, except and foreprized one Lease of Indenture bearing date, &c. made and granted by the said John V. and Mary his wife, and T. M. party to these presents, of certain parts of the said Capital Messuage, then, &c. for the term of one and thirty years, from the Feast of the Birth of our Lord God, then last past, upon which is reserved the yearly rent of 30 l. and 10 s. and also excepted and foreprized such term and interest as Tho. A. hath in the other parts of the said Capital Messuage, by vertue of a Lease heretofore made to Simon L. Mercer, deceased, for certain years yet to come, under the yearly rent of 44 l. and 10 shillings, which said several yearly rents from henceforth, for and during the rest and residue to come, of the respective terms before mentioned, to grow due and payable, it is concluded and agreed by and between the said Parties to these presents, and every of them, and declared to be their true intent and meaning, shall continue, and be due and payable, and ought to be paid to the said T. S. his Heirs or Assigns; and the said [Page 257]J. V. for himself, his Heirs, Executors and Administrators, doth further covenant and grant to and with the said T. S. his Heirs and Assigns by these presents, that he the said T. S. his Heirs and As­sings, shall or lawfully may from time to time, and at all times hereafter, for ever peaceably and quietly enter into, have, hold and enjoy all and singular the Capital Messuage, Mansion-house and Premises before mentioned, or intended to be hereby setled or as­sured, and every part and parcel thereof, with their and every of their rights, members and appurtenances, without any let, inter­ruption, disturbance or incumbrance, of or by them the said J. V. and Mary his wife, or either of them, or of or by any other per­son or persons lawfully claiming, or to claim, or having right or title from, by or under them, or either of them, their or either of their act, right, title or estate, except such as shall or may claim by or under the Leases before excepted, or either of them, and for the terms or interest in or by the same Leases granted only, and also that he the said J. V. and Mary his wife, and either of them, shall and will from time to time, upon the reasonable request, and at the costs and charges in the Law of the said T. S. his Heirs and Assigns, make, do, suffer, execute and acknowledge all and every such further and other lawful and reasonable acts, things and assu­rances in the Law, containing or implying no further or more ge­neral warranty or acquittal, than only against them the said J. V. and M. his wife, and either of them, for the better assuring and sure-making of the said Premises to the said T. S. his Heirs and Assigns, as by him or them, or by his or their Council learned in the Law, shall be in that behalf reasonably devised, advised or re­quired, and so as for the doing thereof, neither the said J. V. or Mary be compelled to travel above Ten Miles from the place of his or her respective dwelling or abode, at the time of such request to be made. And the said T. M. party to these presents, for him­self, his Heirs, Executors and Administrators, and every of them, doth covenant and grant, to and with the said T. S. his Heirs and Assigns by these presents, that saving and excepting the terms and interests herein before excepted, he the said T. M. at the time of the ensealing and delivery hereof, is seized of a good, perfect and absolute Estate of Inheritance in Fee-simple, of and in the said Capital Messuage, Mansion-house and Premises before mentioned, or intended to be setled or assured, and until, &c. shall be setled and assured to and on the said T. S. his Heirs and Assigns, accord­ing to the limitation aforesaid, and the true intent and meaning of these presents, shall be seized of all and singular the same Capital [Page 258]Messuage, Mansion-house and Premises, with the appurtenances of a good, lawful and sufficient Estate of Inheritance, in Fee-tail expectant, upon the death of the said Mary Vaughan, and at the time of the ensealing and delivery hereof, hath, and until as afore­said, shall have full power, good right, and lawful authority, to convey, settle and assure the premises, to and upon the said T. S. his Heirs and Assigns for ever, in form aforesaid, according to the true intent and meaning of these presents, and also that all and sin­gular the said Capital Messuage or Mansion-house, and other the premises before herein mentioned, or intended to be conveyed, setled or assured, as aforesaid, and every part and parcel thereof, with the appurtenances, now be and are, and so from time to time, and at all times hereafter for ever, shall or may be, remain and con­tinue unto the said T. S. his Heirs and Assigns, according to the limitation aforesaid, and the true intent and meaning of these pre­sents clearly acquitted, exonerated and discharged, or otherwise by him the said T. M. party to these presents, his Heirs, Executors or Administrators, well and sufficiently saved and kept harmless, of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Leases, Mortgages, Estates, Joyntures, Dowers, Wills, Covenants, Entails, Statute-Merchant, and of the Staple, Recognizances, Judgments, Executions, Extents, Debts to the Common-wealth, Debts of Record, and of and from all other Titles, Charges, Troubles and Incumbrances whatsoever, at any time heretofore had, made, done, committed or suffered to be done, or at any time hereafter to be had, made, done, committed or suffered to be done by them the said T. M. and the said E. M. his Father, and T. M. his Grandfather, or any of them, or by any other person or persons whatsoever, the said Leases there­in before mentioned to be excepted, and either of them, and the said Estate, for life of the said M. V. and the Fee-farm rent of 16 sh. issuing, or yearly due and payable out of or for the said premises, to the Mayor and Commonalty of the said City of B. only ex­cepted and fore-prized, and the said T. M. for himself, his Heirs, Executors and Administrators, doth further covenant and grant to and with the said T. S. his Heirs and Assigns by these presents, that he the said T. S. his Heirs and Assigns, and his and their Farmers and Tenants shall, or lawfully may from time to time, and at all times hereafter for ever peaceably and quietly enter into, have, hold, use, occupy, possess and enjoy all and singular the said Capital Messuage, Mansion-house and Premises before mentioned, or intended to be conveyed, setled or assured, and every part and [Page 259]parcel hereof, with the appurtenances, and take, receive and enjoy the Rents, Issues and Profits thereof, to his and their own use, without any let, interruption, disturbance or incumbrance of or by him the said T. M. or his Heirs, or of or by any other person or persons whatsoever, claiming or to claim, or having or pretending to have any lawful Estate, Right, Title, interest or thing, of, in, to or out of the premises, or any part thereof (except such as shall or may claim for, by or under the Leases, Estates and Rents before herein excepted, or any of them.) And further, that he the said T. M. and his Heirs, and all and every other person and persons, that shall or may claim from, by or under him, shall and will from time to time, and at all times hereafter, upon the reasonable request, and at the costs and charges in the Law of the said T. S. his Heirs or Assigns, make, do, suffer, execute and acknowledge, or cause to be made, done, suffered, executed and acknowledged, all and every such further, and other reasonable and lawful acts, things and assurances in the Law whatsoever, for the further and better assuring, sure-making, setling and conveying to the said T. S. his Heirs and Assigns, of all and singular the said Capital Mes­suage or Mansion-house and Premises before hereby mentioned, or intended to be hereby setled, conveyed or assured, and every part and parcel thereof by such wayes and means in the Law, as by him the said T. S. his Heirs or Assigns, or by his or their Council learned in the Law, shall be in that behalf reasonably devised or advised and required, so as for the doing thereof, the said T. M. and such others as are or ought to make such further assurance by force of these Covenants, be not compelled or compellable to travel above Fifty Miles from the place of his or their respective dwelling or abode at the time of such request to be made: and it is declared to be the true intent and meaning of these presents, and of all the Parties to the same, that all Fines, Feoffments, Recove­ries, Conveyances and Assurances at any time hereafter to be had, levied, suffered, executed or acknowledged, by or between the said Parties hereunto, or any of them, or any other person or persons whatsoever of the said Capital Messuage or Mansion-house and Premises before mentioned, or any part thereof, either alone by it self, or together with any other Lands, Tenements or Heredita­ments, shall be and enure, and shall be deemed, adjudged, constru­ed and expounded to be and enure, to and for the only use and behoof of the said T. S. and of his Heirs and Assigns for ever, and to none other use, intent or purpose; and the said J. V. and Mary his wife, and J. M. party to these presents, for the conside­rations [Page 260]aforesaid, have granted, bargained and sold, and by these presents do grant, bargain and sell to the said T. S. and his Heirs, all and every the Deeds, Charters, Evidences, Writings, Counter­parts of Leases, Escripts and Minuments, which do touch or con­cern the said Messuage and Tenement, or any part or parts there­of, all which, or as many of them as now are, or be in the hands or possession of the said J. V. and M. his wife, or either of them, or any other person or persons, to his, her, or their own use, or by his or her delivery, or in the hands or possession of the said T. M. party to these presents, or of any other person or persons, to his, or by his delivery, the said J. V. for himself, his Executors and Ad­ministrators respectively, and the said T. M. for him, his Heirs, Executors and Administrators, do severally and respectively cove­nant and agree, to deliver, or cause to be delivered, uncancelled and undefaced, or in as good condition and plight, as now the same are unto the said T. S. his Heirs or Assigns, before the Feast-day of the Birth of our Lord God next ensuing the date hereof. In witness whereof, all the said Parties to every part of this Inden­ture Quadripartite, have put their Hands and Seals, &c.

William King (being seized of Lands, and, &c. in Fee-tail with remainders) dieth, having Issue three Daughters, who as Co-heirs enter. Now S. N. and Hest. his Wife, one of the Co-heirs, (for the better conveying of Hesters third part to J. F. and his Heirs) suffer a recovery, and by this Deed, together with the Tenants of the Free-bold, and the Recoverors direct the use of the same Reco­very.

THis Indenture Tripartite, &c. Between Sam. N. &c. and Hest. his Wife, (one of the Daughters and Co-heirs of W. K. late of, &c. deceased) of the first part, J. F. the younger of, &c. of the second part, and T. Y. of, &c. and N. L. and B. T. of the third part, witnesseth, That whereas the said S. N. and Hester his Wife, in the right of the said Hester were at the beginning of the Term of St. Michael now last past, and before seized in Fee-rail, with divers remainders over, of and in one full third part (the whole into three equal parts to be divided) of all that Tenement, &c. containing by estimation one Yard-land, with the appurtenan­ces, set, lying and being in Dundry aforesaid, in the said County of Somerset, and of and in all Houses, Edifices, Buildings, Barns, Sta­bles, Orchards, Gardens, Backsides, Lands, Tenements, Mea­dows, [Page 261]Leasows, Pastures, Commons, Common of Pasture, Woods, Under-woods, Profits, Commodities, Emoluments and Heredi­taments whatsoever, to the said Messuage and Premises, or any of them, or to any part and parcel of them belonging, or in any wise appertaining; and whereas the said S. N. and H. his Wife, be­ing so seized as aforesaid, since the beginning of the said last Term of Saint Michael, did, for and in consideration of the sum of 100 l. of, &c. to them by the said J. F. before the ensealing and deli­very hereof, well and truly paid and satisfied, whereof they do hereby acknowledge the receipt, and thereof and of every part and parcel thereof, do clearly acquit and discharge the said J. F. his Heirs, Executors and Administrators by these presents, con­clude and agree, to and with the said J. F. to convey and assure to the said J. F. his Heirs and Assigns for ever, to the only and proper use and behoof of him the said J. F. his Heirs and As­signs for evermore, the one full third part of all and singular the Tenement, Cottages, Lands and Premises before in these pre­sents mentioned or expressed, and of all and singular other the Messuages, Lands, Tenements and Hereditaments whatsoever within the Parish of Dundry and Chiew aforesaid, or either of them, whereof the said William King the younger, (Father of the said Hester) in his life-time, and at the time of his death was seized of an Estate of Inheritance by such wayes, means and assurance in the Law, as by the Council of the said J. H. should be advised and thought meet, and whereas it was advised and thought meet by the Council of the said I. F. and concluded and agreed by and between the said Parties to these presents, that a common reco­very with double Voucher should be suffered and executed of the said third part, by the said S. M. and H. his Wife, of the Messu­ages, Tenements, Cottage, Land and Premises, before in these presents mentioned or expressed, for the cutting off the said in­tail, and barring all remainders, and for the assuring and setling of the Inheritance of the same third part, to and on the said I. F. his Heirs and Assigns for ever, in pursuance of which said advice, conclusion and agreement, they the said S. N. and Hester his Wife, by their Deed indented, bearing date the first day of this instant Moneth of November, and inrolled in the High Court of Chan­cery the nineteenth day of the same Moneth, (made between them the said S. N. and Hester of the one part, and the said T. Y. of the other part) have granted, bargained and sold to the said T. Y. and his Heirs, one full third part (the whole in three equal parts to be divided) of all and singular the Tenement, [Page 262]Cottage, Lands and Premises before in these presents mentioned or expressed, and of all and singular other the Lands, Tenements and Hereditaments whatsoever, within the Parishes of Dundry and Chiew aforesaid, or either of them, whereof the said W. King the younger, (Father of the said Hester) in his life-time, and at the time of his death was seized of an Estate of Inheritance, and the Rents, Reversions and Services thereof, to be had and holden to the said T. Y. perfect Tenant of the Free-hold of the premises, that a good, perfect and common recovery, with double Voucher, might thereof be had and executed, in pursuance of, and according to the said conclusion and agreement; and whereas afterwards in the same Term of St. Michael, according to the conclusion and agreement aforesaid, the said N. L. and B. T. did pursue out of the said Court of Chancery one Writ of Entry sur disseisin en le post, returnable before the Justices of the Court of Common-Pleas at Westminster, whereby the said N. L. and Ben. T. demanded against the said T. Y. the said part of the Messuage, Tenement, Cottage, Lands, and things herein before mentioned or expressed, and by the said conclusion and agreement, meant or agreed to be assured or conveyed to the said J. F. and his Heirs as aforesaid, by the names of the third part of two Messuages of thirty acres of Land, of ten acres of Meadow, of thirty acres of Pasture, of three acres of Wood, and Common of Pasture, with the appurtenances, in Dundry and Chiew in the County of Somerset, to which Writ the said T. Y. appeared in person, and after declarations against him by the said N. L. and B. T. he the said T. Y. appeared in person at the Bar of the said Court, and vouched to warranty the said S. N. and H. his wife, who likewise appeared in person, and did enter in the warranty, and afterwards vouched over the common Vouchee, who did likewise appear in person, and after declaration against him, made defence, and afterwards made default, whereby several Judgments were had according to the course of common recoveries used in the said Court of Common-Pleas, witnesseth now further this present Indenture, and it is hereby explained, de­clared and expressed, that the true intent and meaning of all the said Parties to these presents before, and at the time of the suffering the said recovery, was, and ever since hath been and yet is, that the said recovery, and the whole execution thereof should, and for ever hereafter shall be and enure, and the said recoveries, and their Heirs shall for ever hereafter stand and be seized of, and in the said third part of the said Tenement, Cottage, Lands and Premises be­fore-mentioned, with the appurtenances, to and for the only pro­per [Page 263]use and behoof of him the said J.F. and of his heirs and assignes for ever, and to or for none other use, intent or purpose whatsoever, & for that end & purpose, (according to the advice of the Council, and the conclusion and agreement aforesaid) the said S. N. and H. his wife, for them and their Heirs, and every of them do, and either of them doth by these presents remise, release and quit-claim all Er­rors, Writ and Writs of Error, cause and causes of Error, Misprisions and Mis-entries and Demands, which they the said S. & H. or either of them, their or either of their heirs have, or hereafter may or ought to have, for or by reason of any Errors, Imprision, Mis-entry, Erroneous obtaining or prosecution of the said Writ of Entry and Judgments aforesaid, or any of them, or other matter or thing whatsoever, in or about, or any way touching or concerning the said recovery, or any the proceeding or prosecution thereof; And the said S. N. for himself, his Heirs, Executors and Administrators, and for every of them, doth covenant, promise and grant, to and with the said J. F. his Heirs and Assigns, and to and with every of them by these presents, that he the said S. N. and H. his Wife, at the time of the ensealing and delivery of the said recited Deed, made to the said T. Y. and before mentioned to be enrolled as aforesaid, were lawfully and rightfully seized in the right of the said H. of, and in one full third part (the whole in three equal parts to be divided) of all and singular the Tenement, Lands and Premises before herein mentioned, in Fee-simple or Fee-tail, and at the time of the ensealing the said Deed as aforesaid, had full power, good right, and lawful authority, to grant, convey, settle and assure the said third part, in manner and form aforesaid, ac­cording to the true intent and meaning of these presents, and also that the said third part of the said Tenement, Land and Premises before herein mentioned or intended to be conveyed, setled or assured to the said J. F. as aforesaid, now be and are, and so from time to time, and at all times hereafter for ever shall or may be, remain and continue unto the said J. F. his Heirs and Assigns, ac­cording to the limitation aforesaid, and the true intent and mean­ing of these presents, clearly acquitted, exonerated and discharged, or otherwise by them the said S. N. and Hester, their Executors or Administrators, well and sufficiently saved and kept harmless, of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Leases, Mortgages, Estates, Joyntures, Dowers, Wills, Covenants, Entails, Statutes-Merchant and of the Staple, Recog­nizances, Judgments, Executions, Extents, Debts to the Common­wealth, Sequestrations, Debts of Record, Fines, Issues, Amercia­ments, [Page 264]and of and from all other Titles, Charges, Troubles and Incumbrances whatsoever, at any time heretofore had, made, done, committed or suffered to be done, or at any time hereafter to be had, made, done, committed or suffered to be done by the said S. N. and Hester, William King the younger, and William King the elder, Father and Grand-father of the said H. K. or any of them, or by any other person or persons whatsoever, claiming or to claim, from, by or under them, or any of them, and the said S. N. for himself, his Heirs, Executors and Administrators, and every of them, doth further covenant, promise and grant, to and with the said I. F. his Heirs and Assigns, and every of them by these pre­sents, that he said I. F. his Heirs and Assigns, and his and their Farmers and Tenants, shall, or lawfully may, from time to time, and at all times hereafter for ever, peaceably and quietly en­ter into, have, hold, use, occupy, possess and enjoy one whole third part of all and singular the Tenements, Lands and Premises before mentioned, and take, receive and enjoy the Rents, Issues and Pro­fits thereof, to his and their own use, without any let, interruption, challenge, claim, disturbance or incumbrance, of or by them the said S. N. and Hester, or either of them, their or either of their Heirs, &c. or of or by any other person or persons whatsoever, lawfully claiming, or having, or pretending to have any lawful estate, right, title, interest or thing, of, in, to or out of the said grant­ed third part, from, by or under the said Hester, and he the said Fa­ther and Grand-father, or any of them. And further that the said S. For better assurance. N. and Hester his Wise, and the Heirs of the said Hester shall and will from time to time, and at all times hereafter, upon the reasonable request, and at the costs and charges in the Law of the said I. F. his Heirs and Assigns, make, do, suffer, execute and acknowledge, or cause to be made, done, suffered, executed and acknowledged, all and every such reasonable and lawful acts, thing and assurances in the Law whatsoever, for the further and better setling, assuring, sure-making and conveying to the said J. F. his Heirs and Assigns for ever, ac­cording to the true intent and meaning of these presents, the said third part before hereby mentioned or intended to be conveyed, and assured of and in the Tenements, Lands and Premises afore­said, by such wayes and means in the Law, as by him the said J. F. his Heirs or Assigns, or by his or their Council learned in the Law, shall be in that behalf reasonably devised, or advised and required, for the making whereof, the said S. N. or Hester shall not be compelled to travel above twenty miles from the [Page 265]place of his, her or their dwelling or abode, at the time of such request to be made, nor to enter into any further or more general warranty, or acquital than is herein comprized, and the said S. N. and H. his wife, for the considerations aforesaid, have granted, bargained and sold, and by, &c. to the said J. F. his Heirs and Assigns, all Deeds, Charters, Writings and Evidences which do touch or concern the premises aforesaid, or any part thereof, and all the Right, Title, and Demand of them the said S. and H. of, in and to all and every or any the same Deeds, Evidences and Writ­ings. In witness whereof, all the said Parties have to each part of this Indenture Tripartite, &c.

W. B. being possessed of Lands, &c. for a term of years, (the Inheri­tance of which Lands in Fee-simple, were conveyed to R. R. and W. B. in trust, to be disposed of as W. B. and his wife shall ap­point) contracts with W. for sale, the assurance advised thus, That for keeping on foot the term, and preventing Incumbrances, the term should be granted to W. D. himself, and the Inheritance to W. D. his Son, the Inheritance is conveyed to the Son, as followeth.

THis Indenture, &c. between W. B. of, &c. R. R. and W.K. of, &c. of the one part, and W. D. and W. D. of, &c. witnesseth, That for and in consideration of the sum of, &c. to the said W. B. by the said W. D. the elder, before the ensealing here­of paid, as well for certain terms and interests by the said W. B. to him the said W. D. already made and granted of the parcels of Land herein after granted, as for the Inheritance thereof, hereby intended to be granted and conveyed, the said R. R. and W. K. at the request of the said W. B. and by the appointment, and with the atturnment of the said W. D. the elder, have, and either of them hath granted, bargained, sold, aliened and confirmed, and by, &c. to the said W. D. the Son and his Heirs, all that Messuage, Tenement, &c. and all Rents, Reversions, Remain­ders and Services of the said premises, and all their and either of their Right, Title, Interest, Challenge, Claim and Demand what­soever, of, in and to the same premises, to have, hold and enjoy the said, &c. unto the said W. D. the Son, his Heirs and Assigns for ever, to his and their own use for evermore, to be holden of the chief Lord or Lords of the Fee or Fees of the premises, by the Rent and Services therefore due, and of right accustomed; and it is concluded and agreed by and between the said Parties, [Page 266]that neither these presents, nor any thing therein contained, shall extend to be construed to extend to bind or charge the said R. R. and W. K. or either of them, their or either of their Heirs touching the premises, otherwise than against his and their own acts re­spectively. In witness whereof, &c.

B. M. being seized of Lands, (jure uxoris) she being a Co-heir pur­chaseth of J. B. (to whom the Estates of the other Co-heirs is come) all the Lands, the Conveyance is by recovery concluded to be suffered by J. B.

THis Indenture, &c. Between J. B. of, &c. Son and Heir of William Beaumont late of, &c. deceased, and M. his Wife, one of the Daughters and Co-heirs of D. S. Gent. deceased, of the one part, and B. M. of, &c. William H. J. H. of, &c. and Rich. C. of, &c. of the other part, witnesseth, That the said John Beaumont, for and in consideration of the sum of 200 l. of, &c. to him by the said B. M. before, &c. whereof, &c. hath agreed to grant, convey and assure to the said B. M. his Heirs and Assigns for ever, all that toft, and eight acres of Land by estimation, be they more or less, called, &c. and also Common Pasture for six young Beasts, and one House with the appurtenances in Wickware Heath, all which premises are scituate, &c. and now are in the te­nure, holding or occupation of the said B. M. in the right of E. his Wife, the Daughter of R. W. deceased, for term of her life, and which said premises late were the Inheritance of the said D. S. and by and after his death, descended and came to his three Daughters, viz. the said M. E. the Wife of R. C. and B. the Wife of J. M. the parts and portions of which E. C. and B. he the said W. B. pur­chased and dyed thereof seized. And also the said J. B. for the Confiderations aforesaid, hath agreed to grant, convey and assure to the said B. M. his Heirs and Assigns for ever, all other the Messuages, Lands, Tenements and Hereditaments of him the said J. B. within the Parish of W. aforesaid, and all Rents, Reversi­ons and Services of the premises, and every part thereof, as by such wayes and means as by him the said B. M. or his Council learned [Page 267]in the Law, shall be in that behalf reasonably devised and required: and this present Indenture further witnesseth, That the said I. B. doth for himself, his Heirs, Executors and Administrators, cove­nant, promise and grant to and with the said B. M. his Executors, and Administrators and Assigns by these presents, that he the said I. B. shall and will before the end of Easter Term now next ensu­ing, by Deed indented and enrolled in the High Court of Chan­cery, bargain and sell to the said W. H. and I. H. and their Heirs, all the said toft and premises, To have and to hold to the said W. H. and I. H. and their Heirs, during the natural life of the said I. B. to the intent and purpose to make them Tenants of the Free-hold of the premises, and that a Writ of Entry sur disseisin en le post, shall be brought and prosecuted by the same R. C. against the said W. H. and I. H. whereby he shall demand the said premises by some fit or apt names against them the said W.H. and I.H. who shall ap­pear in person, and vouch to warranty the said J. B. who shall like­wise appear in person, and vouch over to warranty the common Vouchee, who shall likewise appear in person, and enter into the warranty, and afterwards make default, and depart in contempt of the Court, whereby several Judgments shall be had, (viz.) for the said R. C. to recover the premises against the said W. H. and I. H. and for them to recover in value against the said I. B. and for the said I. B. to recover over in value against the said common Vouchee, which said recovery, so or in any other manner to be had and executed, and all Fines, Feoffments, and other Assurances at any time hereafter to be had or executed of the premises, or any part thereof, shall be and enure, and shall be deemed, adjudged, construed and expounded to be and enure, to and for the only use and behoof of the said B. M. and of his Heirs and Assigns for ever: and the said I. P. for himself, his Heirs, Executors and Ad­ministrators, doth covenant, promise and grant to and with the said B. M. his Heirs and Assigns by these presents, that he the said I. B. at the time of the ensealing and delivery thereof is, and until the said premises shall be fully and perfectly conveyed and assured to the said B. M. his Heirs and Assigns for ever, according to the true intent and meaning of these presents, shall be the true and lawful Owner of the said premises, and every part thereof, and of and in the same, and every part thereof lawfully and rightfully seized of a good Estate of Inheritance in Fee-simple, in his own right, and to the only use of him and his Heirs, by good, sure, sufficient and absolute conveyance, assurance, and title in the Law [Page 268]indeseazible, and also, that he the said I. B. at the time of the en­sealing and delivery hereof, hath, and until the said premises shall be assured as aforesaid, shall have full power, good right, and law­ful authority, to bargain, sell, convey and assure the said premises, and every part thereof to the said B. M. his Heirs and Assigns for ever, according to the true intent and meaning of these premises, and also that the said premises, and every part thereof, now be and are, and so from time to time, and at all times hereafter for ever, shall or may be, remain and continue to the said B. M. his Heirs and Assigns, clearly acquitted and discharged, or otherwise by him the said I. B. his Heirs and Assigns, well and sufficiently saved and kept harmless, of and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Leases, Mortgages, Joyntures, Dowers, Wills, Covenants, Statutes, Recognizances, Judgments, Executions, Extents, Rents, Charge-rents, Seck, arrer­ages of Rents, and of and from all other Titles, Charges, Troubles and Incumbrances whatsoever, at any time heretofore had, made, done, committed or suffered to be done, or at any time hereafter to be had, made, done, committed, omitted or suffered to be done by him the said J. B. or by the said W. B. or by any other person or per­sons whatsoever, (except the Estate of the said E. M. for her life, and except the Rents and Services from henceforth to be due & payable to the Chief Lord or Lords of the Fee or Fees of the premises) and also the said I. B. for himself, his Heirs, Executors and Administra­tors, doth covenant, promise and grant, to and with the said B. M. his Heirs and Assigns by these presents, that he the said B. M. his Heirs or Assigns shall or lawfully may, from time to time, and at all times hereafter for ever, peaceably and quietly have, hold, and enjoy the said premises, and every part thereof, without any let, interruption, challenge, claim, disturbance or incumbrance of or by him the said I. B. or his Heirs, and without any lawful let, in­terruption, challenge, claim, disturbance or incumbrance of, or by any other person or persons (except such as shall or may claim, by or under the right or title of the said E. M. or for the Rents and Services aforesaid:) And further that he the said I. B. and his Heirs, and every other person or persons, lawfully claiming or to claim any manner of lawful estate, right, title or interest in or to the premises (except before excepted) shall and will from time to time, and at all times hereafter upon the reasonable request, and at the costs and charges in the Law of the said B. M. his Heirs or As­signs, make, do and execute all and every such further acts and things, for the further and better assuring of the said premises, and [Page 269]every part thereof to the said B. M. his Heirs and Assigns for ever, as by him the said B. M. his Heirs or Assigns, or by his or their Council, &c. so as for the doing thereof, &c. a Bargain and Sale of Deeds, &c. In witness, &c.

P. H. purchaseth Lands of W. H. & Uxor (other Lands he holds in Right of I. his wife, to whom the same were devised by R. I. her Brother in Fee-simple) the Brother and Heir of the Devisor intend­eth to settle other Lands which came to him by Descent, on the said P. and I. in tail. Now for the setling as well the Lands purchased of H. as all the rest, a Fine is levied by W. H. & Uxor I. I. (Heir to the Devisor) & Uxor, and the said P. & Uxor, and T. P. and I. C. The uses whereof are declared by the Deed follow­ing.

THis Indenture Tripartite, &c. between W. H. of, &c. and M. his Wife, T. I. of, &c. Brother and Heir of R. I. late of, &c. deceased, who was Son and Heir of I. I. late of, &c. de­ceased, (begotten on the Body of I. his Wife, Daughter of T. P. of, &c. deceased) and A. the Wife of the said T. I. of the first part, P. H. and I. his Wife of the second part, and T. P. and I. C. of, &c. of the third part, witnesseth, That whereas the said W. H. by his Deed indented, bearing date April 18. in the six­teenth year of, &c. for the consideration therein expressed, did grant, bargain, sell and convey to the said P. H. his Heirs and Assigns for ever, two several Messuages or Tenements, with the Garden and appurtenances thereunto belonging, scituate and [Page 270]being, &c. and then and yet in the several holding of, &c. and also three several holdings of, &c. and also three several Messuages or Tenements, with a Garden or Out-ground on the back part there­of, and to the same three Tenements, or some of them belonging or appertaining, scituate and being, &c. and then and yet in the several Tenures or Occupation of, &c. as in and by the same Deed indented more at large appeareth, and whereas also the said R. I. being in his life-time lawfully seized in Fee-tail, of and in all the Messuages, Lands, Tenements and Hereditaments hereafter men­tioned, (that is to say) all that great Messuage or Tenement, wherein, &c. scituate and being, &c. and also two other Messuages or Tenements, &c. and also three Gardens, &c. and in his life­time (viz.) in the Term of Easter, in the sixteenth year of, &c. acknowledge and levy to the said P. H. and T. P. one Fine, sur conuzance de droit come ceo, &c. which was sued out with Proclama­tion; according to the form of the Statute in that case made and provided, before the then Justices of the Court of Common-Pleas at Westminster, of all the said Messuage, Lands, Tenements and Premises, by the names of nine Messuages, and four Gardens, with the appurtenances in, &c. as by the said Fine remaining of Record in the said Court more at large may appear. Which said Fine was levyed to the intent and purpose, to make the said R. I. Tenant of all the said premises in Fee-simple, as by Indentures to that purpose made, bearing date April 20. in the said sixteenth year of, &c. made between the said R. I. of the one part, and the said T. P. and P. H. of the other part, more at large it doth and may appear: and whereas the said R. I. after the levying of the said Fine, (that is to say) April 25. in the seventeenth year, &c. by the last Will and Testament in writing, bearing date the day and year last mentioned, did give and devise in these words, (viz.) I give and bequeath all that Tenement, &c. unto Joan H. my Sister, Wife of Peter H. and to her Heirs and Assigns for ever, and also in ano­ther place of the said Will gave and devised in these words, (viz.) Item, I give to my Sister J. H. and to her Heirs and Assigns for ever, my House, Lodge and Orchard, with the appurtenances, ly­ing and being, &c. as by the said Will and Testament may appear, and whereas the said Richard Joanes afterwards died, leaving all the residue of the said Messuages, Lands, Tenements and Premises, to descend and come to the said T. I. as Brother and Heir of the said R. I. witnesseth now further this present Indenture, that for the consideration aforesaid, and for and in consideration of the sum of 40 l. to him the said T. I. by the said P. H. before the ensealing [Page 271]and delivery hereof, well and truly satisfied and paid, whereof he acknowledgeth the receipt, and thereof, and of every part and parcel thereof, doth clearly acquit and discharge the said P. H. his Heirs, &c. and every of them for ever by these presents, and for setling the Inheritance of all the said Messuages, Lands, Tenements. Hereditaments and Premises, in such manner and form as hereafter in these presents is mentioned, limited and declared, and for divers other good Causes and Considerations, all the said Parties moving, it is covenanted, granted, concluded and agreed, by and between all the said Parties to these presents, that they the said W. B. and M. his Wife, T. I. and A. his wife, P. H. and J. his wife, shall and will before the end of Easter Term next, acknowledge and levy to the said T. P. and J. C. and to the Heirs of one of them one Fine, sur conuzance, &c. to be sued out with Proclamations ac­cording to the form of the Stature in that case made and provided, before the Justices of the Court of Common-Pleas at Westminster, of all the Messuages, Lands, Tenements and Premises before men­tioned, by the names of thirteen Messuages and seven Gardens, with the appurtenances in, &c. which Fine so or in any other man­ner to be acknowledged and levied, and all other Fine or Fines to be had, levied or acknowledged by or between the said Parties, or any of them, or any other person or persons of the said premises, or any part thereof, shall be and enure, and shall be deemed, ad­judged, construed, and expounded to be and enure, to and for the only uses, intents and purposes hereafter in these presents limited, expressed and declared, (that is to say) as touching and concern­ing all the said Messuages, Tenements, Gardens and Premises be­fore mentioned, to be granted, bargained, sold or conveyed by the said W. Ho. in and by the said recited Deed indented, to the use and behoof of the said P. Hobbs, and of his Heirs and Assigns for ever, and as touching all other the Messuages, Lands, Tenements, Hereditaments and Premises before mentioned, meant or intended to be comprized in the said Fine thereby agreed to be levied, whereof no use is herein therefore expressed, and of every part and parcel thereof, with the appurtenances, to the use and behoof of the said Peter H. for term of his natural life, and from and after his decease, to the use and behoof of the said Joan H. for the term of her natural life, and from and after her decease, to the use and be­hoof of the first Son of the said P. Hobbs, on the body of the said Joan his wife begotten, and to be begotten, and of the Heirs males of the body of such first Son lawfully to be begotten; and for de­fault of such Issue, to the use and behoof of the second Son of the [Page 272]said Peter Hobbs on the Body of the said Joan his wife begotten and to be begotten, and of the Heirs males of the body of such second Son lawfully to be begotten; and for default of such Issue, to the use and behoof of all and every other Son and Sons of the said P. H. on the body of the said Joan his wife to be begotten, one after another, as they shall be in seniority of age, and priority of birth, and of the Heirs of the body of every of the same Sons respective­ly to be begotten, the elder of the said Sons and the Heirs of his body, being alwayes preferred before the younger, and the Heirs of their bodies, and for default of such Heirs, to the use and be­hoof of all the Daughters of the body of the said P. H. on the body of the said J. his wife begotten and to be begotten, and of the Heirs of the body of the same Daughters respectively, lawfully to be begotten, and for default of such Heirs, to the use and be­hoof of the said P. H. and J. his wife, and of their Heirs and As­signs for ever: provided alwayes, and it is explained and decla­red to be the true intent and meaning of these presents, and of all the Parties to the same, that it shall be lawful to and for the said P. H. and J. his wife, at any time during the Coverrure between them by any writing or writings indented to be by them signed and sealed in the presence of three or more credible witnesses, who shall thereunto subscribe or indorse their names or marks, testifying the same to alter, change, revoke, determine, diminish or inlarge all or any of the use or uses herein before limited, touching or concerning the said Messuages, Tenements and Premises herein before limited, to the said P. H. and I. his wife, or either of them for their lives, or any part or parcel thereof, and by the same writ­ing or writings, or by any other writing or writings indented, so signed, sealed, and testified as aforesaid, to limit and appoint any other use or uses of the same Messuage or Messuages, Tenements and Premises last mentioned, or any part or parcel thereof, to the said person or persons, or to any other person or persons, and of such Estate and Estates as to them shall seem best, and in case any such new limitation or appointment of uses shall be made, that then the said Fine so to be levied, shall be and enure, and shall be deemed, adjudged, construed and expounded to be and enure, as touching the said Messuages, Tenements, Lands and Premises last mentioned, and every part thereof, to and for such new use and uses, as in and by such writing or writings, so to be signified, sealed and testified as aforesaid, shall be expressed, limi­ted and declared, any thing, &c. And the said Thomas Joanes for himself, his Heirs, Executors and Administrators, doth covenant, [Page 273]promise and grant to and with the said P. Hobbs, and Joan his wife, and either of them, their and either of their Heirs, &c. by these presents, that all the said Messuages, Tenements and Premises, and every part and parcel thereof, with the appurtenances now are and be, and so from time to time, and at all times hereafter for ever, shall or may be, remain and continue to the several and respective uses before herein mentioned, limited and declared, according to the true intent and meaning hereof, clearly freed and discharged of and from all former and other Bargains, Sales, Gifts, Grants, Leases, Mortgages, Charges, Troubles and Incumbrances what­soever had, made, committed or done by him the said Tho Joanes, or any other person or persons, lawfully claiming or to claim, by, from or under him. In witness, &c.

A Marriage is intended between Tho. Geo. Esquire, and Ph. B. single Woman, Ph. (in regard the Joynture agreed on cannot presently be assured) with consent of Tho. makes over all her Land, &c. Jewels, Moneys, &c. to Eliz. her Sister in trust, &c.

THis Indenture Tripartite, &c. between T. Geo. Esquire, Son and Heir of Sir Tho. G. of, &c. Knight, of the first part, Ph. E. single woman, and Daughter of, &c. of the second part, and Eliz. B. Sister of the said Ph. B. of the third part, witnesseth, That whereas there is a Marriage agreed upon, and shortly (by Gods Grace) to be had and solemnized, between the said T. G. and the said Ph. B. and whereas the said P. B. is, and standeth possessed and interessed in certain Leases, Moneys, Jewels, Debts, Goods and Chattels; and whereas also the said T. G. by reason of the present distractions of the times, is not able presently to assure unto the said P. B. such Joynture as is agreed on to be assured to her, wit­nesseth now further this present Indenture, that it is covenanted, granted, condescended unto and agreed upon, by and between all the said Parties to these presents, in manner and form following (that is to say) the said P. B. by and with the consent and good will of the said T. G. Party to these presents testified by being party, and putting his Hand and Seal to one or more parts of this Indenture, hath granted, aliened, assigned and set over, and by, &c. unto the said Eliz. B. all such Mannors, Messuages, Lands, Tenements, Rents, Services and Hereditaments whatsoever situate, lying and being in, &c. or else-where in England, whereof or where­in she the said Phil. is or standeth possessed or interessed, and all [Page 274]her Estate, Right, Title, Interest, Claim and Demand whatsoever, in and to the same Mannors, Messuages, Lands, Tenements and Premises, and every or any part thereof, together with all Leases, Deeds and Writings, touching the same premises, and every part thereof. To have and to hold the said Mannors, Messuages, Lands, Tenements and Premises, and every part and parcel thereof, with the appurtenances to the said Eliz. B. her Executors, Ad­ministrators and Assigns, from henceforth, for and during all the respective time and times, term and terms, as she the said P. B. hath, or ought to have thereunto to come and unexpired, and also the said Ph. B. by and with the like consent and agree­ment of the said T. G. party to these presents, testified as aforesaid, hath granted and delivered, and by, &c. to the said Eliz. B. all her Jewels, Moneys, Bonds, Specialties, Debts, and other Goods and Chattels whatsoever, before hereby mentioned, meant or in­tended to be granted and delivered, and every part and parcel there­of, with the appurtenances to the said Eliz. B. her Executors, Ad­ministrators and Assigns, to the uses, intents or purposes hereafter in these presents mentioned and declared: and it is expressed and declared to be the true intent and meaning of all the said parties to these presents, that the several Grants herein before made to the said Eliz. B. are so to her made upon trust and confidence in her reposed, as well by the said T. G. Party to these presents, as the said P. B. that in case the said Marriage take effect, and that the said T. G. shall, during the Coverture between him and the said Ph. cause to be assured by good and sufficient wayes and means in the Law to the said Ph. for her life, and after her death to the Heirs of her body by the said T. party, &c. to be begotten, the Man­nors, Messuages, Lands, Tenements and Hereditaments, situate, lying and being in the Counties of Wilts and Gloucester, or either of them, of the clear yearly value of 250 pounds of, &c. over and above all Rents, Charges, Deductions and Reprizes, or that after such Marriage solemnized, if the said Ph. shall happen to depart this transitory life before the said T. G. and before such assurance made as aforesaid, which shall first happen, she the said Eliz. B. her Executors, Administrators and Assigns, shall and will upon the reasonable request, and at the costs and charges in all things of the said T. G. his Executors, &c. not only grant, assign and set over to the said T. G. party, &c. his Executors, &c. all the said Mannors, Messuages, Lands, Tenements, Hereditaments and Premises before hereby granted or assigned by the said Ph. B. to the said Eliz. B. as aforesaid, for all such time and times, term [Page 275]and terms respectively, as shall be then therein to come and unex­pired, discharged of all other Grants and Incumbrances made or done by the said Elizabeth, except such as she shall make or do by consent of the said T. G. his Executors, &c. but also grant and re-deliver to the said T. G. his Executors or Assigns, all such Mo­neys, Jewels, Bonds, Specialties, Debts, and other Goods and Chartels whatsoever, as in the mean time shall come to the hands of the said Eliz. her Executors, &c. by force of these presents, and which shall remain or be in her or their hands, custody or possession, by the true meaning hereof, and also, that in such case, she the said Elizabeth, her Executors, &c. shall from time to time, in the mean time after Solemnization of the said Marriage, pay and deliver to the said T. G. all such Rents, Issues and Profits of the said Man­nors, Lands, Tenements, Moneys and Debts, as shall come to her or their Hands or Custody, and also upon further trust and confi­dence in the said Elizabeth B. reposed, that in case the said Marri­age take effect, and the said T. G. happen to depart this transitory life before the said P. B. and before he shall have assured or caused to be assured to the said P. B. any Mannors, Messuages, Lands, Tenements or Hereditaments of the value aforesaid, and in form aforesaid; that then in such case she the said Elizab. B. her Execu­tors, &c. shall and will not only re-grant, re-assign and set over to the said Ph. B. all the said Mannors, Messuages, Lands, Tenements and Premises before hereby granted or assigned by the said Ph. B. as aforesaid, for all such time and times, term and terms respective­ly, as shall be then therein to come and unexpired, discharged of all other Grants and Incumbrances made or done by the said Elizabeth B. her Executors, &c. except such as she shall make or do by the consent of the said P. H. but also re-grant and re-deliver to the said Phil. her Executors or Assigns, all such Moneys, Jewels, Bonds, Specialties, Debts, and other Goods and Chattels whatso­ever, as in the mean time shall come to the Hands or Custody of the said Eliz. her Executors or Assigns by force of these presents, and which shall remain or be in her or their Hands, Custody or Possession, by the true meaning of these presents, and the said T. G. for himself, his Executors, &c. doth covenant, promise, grant and agree, to and with the said Eliz. B. her Executors, &c. by these presents, that neither he the said T. G. nor his Heirs, &c. nor any other person or persons, claiming or to claim by or under him, or deriving any authority by or under him, them or any of them, shall at any time hereafter enter into, receive, take or inter­meddle with the said Mannors, Messuages, Lands, Tenements, [Page 276]Hereditaments, Jewels, Moneys, Bonds, Specialties, Debts, or other things before hereby mentioned, meant or intended to be granted, assigned or delivered by the said Phil. B. to the said Eliz. B. as aforesaid, or any part or parcel thereof, or any Rents, Issues or Profits thereof, or of any part thereof, other than according to the true intent and meaning of these presents; provided alwayes, and it is declared to be the true intent and meaning of these presents, and all the parties to the same, that in case the said Marriage shall not be solemnized on or before the, &c. next ensuing the date hereof, that then, and from thenceforth, these presents, and every grant, matter and thing herein contained, shall cease, determine, and be utterly frustrate and void to all intents and purposes; and that the said P. B. her Executors, &c. shall from thenceforth have and enjoy again, to her and their own use and right, all, &c. any thing, &c. In witness whereof to one part of this Tripartite In­denture, remaining with the said Eliz. B. the said T. G. and P. B. have put their Hands and Seals; to one other part remaining with the said P.B. the said T. G. and Eliz. B. have, &c. to the other part remaining with the said T. G. the said P. B. and E. B. have, &c.

A. and B. his Wife being possessed of a certain Mannor and Lands, Co­venants with C. D. to levy a Fine thereof to certain uses, with a Covenant, that himself and his Wife together, shall have power to let Leases for Lives or Years.

THis Indenture, &c. Between A. and B. his Wife, of the one part, and C. &c. and D. of, &c. of the other part, wit­nesseth, That for the setling of the Inheritance of the Mannors, Lands, Tenements and Hereditaments, hereafter in these presents mentioned, to such use and uses, and in such manner and form as is hereafter in these presents limited, expressed and declared, and for the enabling of the said A. and B. his Wife, to make and grant Leases and Estates of and in the said Mannor, Lands and Premises, in such manner and form, and according to the power and autho­rity, to them hereafter in these presents mentioned, reserved and raised, and for other good Causes and Considerations, them the said A. and B. his Wife thereunto especially moving, it is agreed be­tween the said Parties, and they the said A. and B. his Wife do co­venant, grant and agree, to and with the said C. and D. and either of them, their Executors and Administrators by these presents, that [Page 277]they the said A. and B. his Wife, shall and will before the end of Michaelmas term next ensuing the date hereof, acknowledge and levy to the said C. and D. and to the Heirs of the said C. one Fine sur conuzance de droit, &c. to be sued out with Proclamations, ac­cording to the form of the Statute in that case made and provided, of all that the Mannor, Capital Messuage, Farm, Baron and De­measn Lands of, &c. with all and singular the Rights, Members and Appurtenances thereof, thereunto or to any of them belong­ing, or reputed, or used, as thereunto or to any of them belonging, and of all other the Messuage, Lands, Tenements, Rents, Services and Hereditaments whatsoever, wherein T. J. Gent. deceased, had any Estate of Inheritance in possession, reversion or remainder, situ­are, lying and being, or to be had or taken, in or near the Towns, Parishes, Fields and Hamlets, &c. with the appurtenances, and of twelve Messuages, two Cottages, one Water-Mill, twelve Gardens, three hundred Acres of Land, two hundred Acres of Pasture, forty Acres of Wood, with the appurtenances, in, &c. or by such other fit name or names, quantities and qualities of Acres as shall be thought fit, which said Fine so or in any other manner to be had and levied, shall be deemed, adjudged, construed and expounded, to be to and for the only uses, intents and purposes, hereafter in these presents limited, expressed and declared, and to and for none other use, intent or purpose whatsoever, that is to say, to the use and behoof of the said A. for and during the term of his natural life, and from and after his death to the use and behoof of the said B. for and during the term of her natural life, and from after the decease of the said A and B. his Wife, to the use and behoof of the Heirs of the body of the said A. on the body of the said B. begotten, and to be begotten; and for default of such Heirs, to the use and behoof of the right Heirs of the said A. for ever: and it is promised, cove­nanted, concluded, agreed and declared by and between all and every the said parties to these presents, that it shall and may be lawful to and for the said A. from time to time, and at all or any time or times, during his natural life, by an Indenture or In­dentures to make any Demise or Demises, Grant or Grants of the said premises, or of any part or parts thereof, alone or amongst other things, as well in possession for the term of twenty one years or under, or for one, two or three life or lives, or for any term or number of years determinable, on one, two or three Lives, at, for and under such Rents, Covenants and Con­ditions, as to him the said A. shall seem meet, so as she the said B. shall be made a Party to every such Indenture, [Page 278]whereby any such Demise or Grant shall be made, during the life of the said B. and that the said B. shall seal and deliver every such Indenture, and that at all times from and after the making of any such Demise or Demises, Grant or Grants, the said Fine to be le­vied as aforesaid, and the Conuzes of the same Fine and their Heirs, and the Heirs of the Survivor of them, shall stand and be seized of and in such part and parts as shall be so demised or grant­ed, to the use and behoof of every such Lessee or Lessees, Gran­tee or Grantees, to whom any such Demise or Demises, Grant or Grants shall be so made, and according to the true intent and meaning of every the same several and respective Demise or De­mises, Grant or Grants, so as the same Lessee or Lessees, Grantee or Grantees, their Executors and Assigns, shall pay the Rents, and perform their Covenants and Conditions in such Indentures of Demises or Grants, to be specified and contained, according to the true intent and meaning of the same Indenture. In witness, &c.

R. C. being possessed of a Messuage, &c. in Fee-simple, granteth the same to J. P. C. P. and G. C. Habend. to them and their Heirs, to certain uses, viz. the use of himself for life, yet so as to pay 20 l. per annum, and Meat, Drink, &c. to his eldest Son, his Wife, &c. and after his decease to several other uses and profits.

THis Indenture, &c. Between R. C. of, &c. of the one part, and J.P. C. P. and G. C. of the other part, witnesseth, That the said R. C. for divers considerations him thereunto moving, and especially for the preferment of A. his eldest Son, and next Heir, and for the Joynture of Alice, the now Wife of the said A. and for the preferment of the Issue between the said A. and Alice, lawfully begotten and to be begotten, hath given, granted, enfeoffed and confirmed, and by, &c. unto the said J.P. C.P. and G. C. and their Heirs, all that Mansion-house or Messuage, with the appur­tenances, wherein the said R. C. now dwelleth, set, lying and being, &c. and all the Orchards, Gardens, Lands, Tenements, Pastures, Meadows, Woods, Commons, Profits, Commodities and Advantages whatsoever, to the said Messuage and Premisses belonging, or in any wise appertaining, or being accepted, reputed or used, as part, parcel or member thereof, and the Reversion and Reversions, Remainder and Remainders, Rents and Services of all and singular the aforesaid premises, and every part and parcel [Page 279]thereof; To have and to hold the said Messuage or Tenement, Lands, Meadows, Leasoes, Feedings, Pastures, Rents, Reversions. Services and Hereditaments, and all and singular other the premi­ses, with their and every of their appurtenances, unto the said J. P. C. P. and G.C. their Heirs and Assigns for ever, to this end, mean­ing, intent, construction and purposes, that they, &c. and their Heirs, and the Heirs of the Survivor or Survivors of them, shall from henceforth stand and be seized of the said Messuage, and all and singular other the above mentioned premises, and of every part and parcel thereof, to the uses, intents and purposes hereafter in these premises limited and declared, and to none other use, intent or purpose whatsoever, (that is to say) to the use and behoof of the said R. C. for and during his natural life, so as and upon condition that he the said R. C. shall from time to time during his natural life, pay or cause to be paid unto the said A. and Alice his Wife, and the longest liver of them, the sum of 20 l. by the year, at the two most usual Feasts in the year, that is to say, the Feast of, &c. by even portions to be paid, during the said term, or within fourteen dayes next after every of the said Feast-dayes, and the first pay­ment to be had and made upon the Feast-day of, &c. and the same payments to be yearly had and made in manner and form aforesaid, at or within the now dwelling-house of the said A. situate, &c. and also upon condition that he the said R. C. shall from time to time during his natural life, find, give and provide unto the said A. and the said Alice his Wife, and to all such Children, as shall between them begotten, competent, sufficient and convenient Meat, Drink, House-room and Lodging within his said Mansion-house, and after the decease of the said R. C. the said Parties above-mentioned, and the Heirs of the longest liver of them shall stand and be seized of all and singular the said premises, with their and every of their appurtenances, to the use and behoof of the said A. and of the said Alice his Wife, and of the Heirs of their two Bodies, between them lawfully begotten, and to be begotten, and for default of such Issue, to the use and behoof of R. C. one other of the Sons of the said R. C. and of the Heirs males of his Body lawfully to be be­gotten; and for default of such Issue, to the use and behoof of W. C. one other of the Sons of the said R. C. and the Heirs males of his Body, lawfully to be begotten, and for default of such Issue, to the use of the said R. C. of his Heirs and Assigns for ever.

R. C. covenanteth, that he is lawfully seized, hath power to grant, that the premises shall remain free from Incumbrances, proue usual.

A settlement by Fine and Recovery of several Mannors, Lordships, &c. for the raising of Moneys for payment of Debts and Childrens por­tions, as also for entailing thereof under several Provisoes and Legacies.

THis Indenture Tripartite, &c. between the Right Honoura­ble Edward Lord Herbert and Richard Herbert Esq Son and heir apparent of Dame Mary late wife of the said Edward Lord Herbert, and sole Daughter of Sir William Herbert of St. Julians in the Coun­ty of Monmouth, Knight, deceased, of the first part, the Right Honourable John Earl of Bridgewater, and Edward Herbert of the Inner-Temple, London, Esq of the second part, and Moses Loyd of, &c. and Henry Githins of, &c. of the third part, witnesseth, That whereas the said Edward Lord Herbert, or some in trust for him, is or are seized in his or their Demeasn, as of Fee, of some part of the Lands, Tenements and Hereditaments hereafter mentioned, and is also seized for term of his life, as Tenant by the courtesie of England of the Mannors, Messuages, Lands, Tenements and He­reditaments hereafter specified, the Reversion thereof in Fee-sim­ple, being descended by and after the decease of the said Mary unto the said Richard Herbert: now to the end, that the Mannors, Lord­ships, Messuages, Lands, Tenements and other Hereditaments hereafter mentioned and expressed, may be established, vested and setled unto the said Edward Lord Herbert, during his natural life, and after his decease upon the said Richard Herbert, and upon his name, stock and posterity, and to such other uses, intents and pur­poses as are hereby appointed, it is covenanted, promised, granted, condescended, concluded and agreed, by and be­tween the said parties to these presents: and the said Edward Lord Herbere, and Richard Herbert, do for themselves, their Heirs, Executors, Administrators and Assigns, covenant, promise and grant, condescend and agree, to and with the said John Earl of Bridgewater, and Edward Herbert, their Heirs, Executors, Admini­strators and Assigns, and to and with every of them by these pre­sents, that they the said Edward Lord Herbert, and Richard Herbert, shall and will on this side, and before the end of Michaelmas Term next ensuing, and coming after the date of these presents, in due form of Law, and at the equal costs and charges in the Law of the said Edward Lord Herbert, and Richard Herbert, levy and acknow­ledge to the said Moses Loyd, and Humphry Githins, and the Heirs [Page 281]of the said Moses, one or more Fine or Fines sur conuzance de droit come ceo, &c. with Proclamations thereupon to be had and made, according to the form of the Statutes in that behalf made and pro­vided, of all that Capital Messuage or Mannor-house of St. Juli­ans, with the Rights, Members and Appurtenances thereof, and of all and singular the Mannors, Lordships, Messuages, Lands, Tenements and Hereditaments whatsoever, of them the said Ed­ward Lord Herbert, and Richard Herbert, or either of them, where­of they the said E. Lord R. and H. or either of them are or do stand seized of any Estate or Inheritance within the Kingdome of Ireland, by such name or names, quantities, qualities, contents and numbers of acres of things, in such manner and form as by the said E. L. H. and R. H. or either of them shall be reasonably devised, or advised and required, in and by which Fine or Fines so as aforesaid, or in any other sort to be levied and acknowledged, the said E. L. H. and R. H. shall acknowledge the said Man­nors, Lordships, Messuages, Lands, Tenements, Hereditaments, and all and singular other the premises, with their and every of their appurtenances, to be comprised in every such Fine, to be the right of the said M. L. as those which the said M. L. and G. H. have, of the gift of the said E. L. H. and R. H. the which said Fine or Fines so as aforesaid, or in any other sort to be levied and acknowledged, shall be and enure, and shall be deemed, ad­judged, esteemed, reputed, and taken to be and enure, to the use and behoof of the said M. L. L. and G. H. and their Heirs, to the intent and purpose that they the said M. L. L. and H. G. may become perfect Tenants of the Free-hold of the said Mannors, Messuages, Lands, Tenements, Hereditaments and Premises, with their appurtenances, whereby one or more perfect common Recovery or Recoveries, shall or may thereof be had and suffe­red, in manner and form hereafter following, for which intent and purpose, it is hereby further covenanted and agreed, by and between the said parties to these presents, that it shall and may be lawful to and for the said J. E. of B. and E. H. to bring, pur­sue and prosecute against them the said M. L. L. and H. G. one or more Writs of every sur disseism en le post, of and for the said Mannors, Lordships, Messuages, Lands, Tenements, Rents, He­reditaments, and all and singular other the premises, with their and every of their appurtenances, by such name or names, quantities, qualities, contents and numbers of acres and things, in such sort, manner and form, as by the said E. L. H. and R. H. or their, [Page 282]or either of their Council learned in the Law, shall be reasonably devised, advised and required; the which said writ or writs of En­try sur disseisin en le post; so as aforesaid, or in any other sort to be had or brought, shall be returnable in such Courts, and before such Judges or Justices, as the said E. L. H. and R. H. or the Survivor of them, his or their Council learned in the Law shall advise or think fit, before the end of Michaelmas Term next ensuing after the date of these presents, and the said M. K. K. and H. G. shall thereunto appear gratis, and vouch over to warranty the common Vouchee, who shall also appear, and after imparlance had, shall make default and depart in contempt of the said Court, whereby one or more perfect common recovery or recoveries shall or may he had or suffered against them the said M. L. L. and H. G. of and for the said Mannors, Lordships, Messuages, Lands, Tene­ments, Hereditaments and Premises, with their appurtenances, according to the usual course of common recoveries in such cases used and accustomed, for assuring of Lands and Tenements, the which said common recovery or recoveries, so as aforesaid, or in any other manner to be had and suffered, and all other common Recoveries, Fines, Feoffments, Conveyances and Assurances in the Law whatsoever, since the death of the said Lady Mary Herbert, wife to the said Edward Lord Herbert, had, made, levyed, suffered, acknowledged or executed, or at any time hereafter to be made, levied, suffered, acknowledged or executed, by or between the said Parties to these presents, or any of them, or whereunto they, or any of them shall be parties, of or concerning the said Man­nors, Messuages, Lands, Tenements, Hereditaments or Premises, or any of them, or any part or parcel of them, or any of them, shall be and enure, and shall be adjudged, deemed, esteemed, re­puted and taken to be and enure, to the uses, behoofs, intents and purposes, and with, upon and under such Provisoes, Conditions, Powers and Limitations, as are hereafter in and by these presents mentioned, declared, limited and appointed (that is to say) as for and concerning all and singular the said Messuages, Farms, Lands, Tenements and Hereditaments in Tanterne in the said County of Monmouth, &c. to the use and behoof of the said Richard Herbert, his Heirs and Assigns for ever, and as for and concerning all and every other the Mannors, Messuages, Lands, Tenements, Meadows. Leasowes, Pastures, Feedings, Commons, Woods, Under-woods, Rents, Services and Hereditaments whatsoever, to them the said Ed. L. H. and R. H. or either of them, with their and every of their appurtenances in the said County of Monmouth, to the use [Page 283]and behoof of the said Richard Herbert, for and during the term of his natural life, without impeachment of or for any manner of waste, and with full power to do or commit waste, and after the de­cease of him the said R.H. to the use and behoof of the said E.L. H. for and during the term of his natural life, and after the decease of the said E. L. H. to the use and behoof of Edward Herbert, eldest Son of the said Richard Herbert, and of the Heits males of his body lawfully to be begotten, and for default of such Issue, to the use and behoof of John Herbert, second Son of the said Richard, and of the Heirs males of his body lawfully to be begotten, and for default of such Issue, to the use and behoof of Richard Herbert, third Son of the said R. H. party to these presents, and of the Heirs males of the body of Richard Herbert, Son of the said R.H. party to these presents, lawfully to be begotten, and for default of such Issue, to the use and behoof of the fourth Son of the body of the said Richard Herbert, party to these presents, on the body of the Lady Mary Herbert his wife, Daughter of the said Jo. E. of B. be­gotten, or to be begotten, and of the Heirs males of the body of such fourth Son lawfully to be begotten; and for default of such Issue, to the use and behoof of the fifth Son of the body of the said Richard Herbert, party to these presents, on the body of the said Lady Mary Herbert his wife begotten, or to be begotten, and of the Heirs males of the body of such fifth Son lawfully to be begotten, and so the sixth, seventh, eighth, ninth and tenth, and for default of such Issue, to the use and behoof of all and every other Son and Sons of the body of the said Richard Herbert, party to these pre­sents, to be begotten successively one after another, as they and every of them shall be in seniority of age, and priority of Birth, the eldest of the said Sons, and the Heirs males of his body, being ever preferred before the younger of the said Sons, and the Heirs males of his body, and for default of such Issue, to the use and behoof of Edward Herbert, second Son of the said E. Lord H. and of the Heirs males of his body lawfully begotten, or to be begotten, and for default of such Issue, to the use and behoof of the Heirs males of the body of Richard Herbert Esquire, deceased, Father of the said Edward Lord Herbert lawfully begotten, and for default of such Issue, to the use and behoof of the Heirs males of the body of Edward Herbert, Grand-father to the said Edward Lord Herbert; and for default of such Issue, to the use and behoof of the right heirs of him the said Richard Herbert, Son of the said Edward Lord Herbere for ever. And as for and concerning the Mannors, Lordships, Messuages, Mills, Lands, Tenements, Orchards, Gardens, Tosts, [Page 284]Crofts, Meadows, Leasows, Pastures, Feedings, Woods, Under-Woods, Rents and Hereditaments whatsoever of the said Edward Lord Herbert, and Richard Herbert his Son, or either of them, with their and every of their appurtenances, in the said County of Angle­sey, to the use and behoof of the said Jo. Earl of Bridgewater, and Ed­ward Herbert, party to these presents, and of their Heirs and Assigns for ever; upon trust and confidence nevertheless, and to the end, intent and purpose, that they the said John Earl of Bridgewater, and Edward Herbert, party to these presents, and the Survivor of them and his Heirs, shall and will at his and their free will and pleasure, sell, convey and assure the said Mannors, Lands and Premises in the said County of Anglesey, and every part thereof, for the best be­nefit, profit and advantage, which shall or may be ( bona fide) had or gotten for the same, and that the money to be raised by every or any such sale, and as every such sale shall be made, shall be forth­with paid and disposed of as followeth, that is to say, out of the money that shall be raised by sale of such of the premises in the said County of Anglesey, as were the Lands of Dame Herbert, late of, &c. there shall be forthwith, and in the first place so much money paid to the said Edward Lord Herbert, his Executors or Admini­strators, as according to the true yearly value of those Lands, shall come to five years and an half purchase, and the residue of the monies that shall be raised by the sale of the same Lands, which were the Lands of Dame Herbert late of, &c. shall be dis­posed of for and towards the payment and of the Debts of the said Richard Herbert, party to these presents, and sums of money mentioned in the Schedule hereto annexed, as the said Jo. Earl of B. and Richard H. party to these presents, or the Survivors of them, shall think fit, and of the money that shall be raised by the sale of the residue of the said Mannors, Lands and Premises in the said County of Anglesey, there shall be forthwith and in the first place, so much paid to the said Ed. Lord Her. his Exe­cutors or Administrators, as according to the yearly value of the same Mannors, &c. shall come to sixteen years purchase; and if those Mannors and Lands shall be sold for more than sixteen years purchase, then the one moyety of such surplusage (if any shall be) shall be forthwith, and in the first place paid to the said Ed. L. H. his Executors or Administrators, and the other moyety thereof shall be disposed of, for and towards the payment of such of the Debts of the said Richard Herbert, party to these presents, and sums of money mentioned in the said Schedule, as the said John Earl of B. and Edward Herbert, party to these presents, or the [Page 285]Survivor of them shall think fit, and the over-plus thereof (if any shall be) shall be paid to the said Richard Herbert, or to such other person or persons, as he the said Richard Herbert, party to these pre­sents, by any writing under his Hand and Seal, shall direct, nomi­nate, appoint, to be disposed of in the buying of Land, to be estated in the same manner, as the Lands in the said C. of Carnarvan, are by these presents limited: and for want of such direction, nomination or appointment, to the Executors or Administrators of the said Richard Herbert, party to these presents, the further trust, intent and meaning of these presents, and the parties hereunto-being, that the said Ed­ward Lord Herbert, his Executors, Administrators or Assigns, shall or may have, receive and take, to his and their own proper use, all and singular the Rents, Issues, Revenues and Profits of the said Mannors, Lands and Premises hereby limited and intended to be sold, until sale be thereof made, as followeth. Provided alwayes, and it is hereby declared and agreed, by and between all and every the said parties to these presents, and the true intent and meaning of these presents, is, That it shall and may be lawful to and for the said Ed. L. Her. (paying to Sir Richard Eaton of Newport in the County of Salop Knight, his Executors and Administrators, to be disposed ac­cording to the trust hereafter mentioned, the sum of 1000 l. of good and lawful money, or such less sum of money, as the said Jo. Earl of Bridgewater, and Edward Herbert, party to these presents, or the Survi­vor of them, shall think fit & appoint) at any time or times, during the term of his natural life, by Indenture, or by any Deed or Deeds, Writing or Writings to be by him the said Ed. Lord Herbert, sealed and subscribed in the presence of two or more credible Witnesses, to declare, limit and appoint all or any the said Mannors, Messu­ages, Lands, Tenements, Rents, Hereditaments and Premises, with their appurtenances, in the said County of Monmouth (the said Ca­pital Messuage called by the name of St. Julians, and the Lands late in the tenure or occupation of John Morgan Esquire, and the Lands and Tenements whereof the use is herein before limited to the said Richard Herbert, party to these presents, or the Survivor of them, in possession alwayes excepted and reserved) to and for the Joynture of any wife or wives, which he the said Edward Lord Herbert shall hereafter happen to marry, for and during the natural life and lives of such wife and wives, or for any number or term of years deter­minable upon her or their life or lives, the same to take effect after the death of the said Edward Lord Herbert; and that then and so often, and from thenceforth the said Recovery or Reco­veries shall be and enure, and the Recoverer and Recoverers [Page 286]therein named, his and their heirs shall stand and be seized of and in the said Mannors, Messuages, Lands, Tenements and Heredi­taments in the said County of Monmouth, with their rights, mem­bers and appurtenances, or of or in so much or such part thereof, of, for and concerning the which such Indenture, Deed or Writing shall be made by the said Edward Lord Herbert, as aforesaid, for the Joynture of any such Wife or Wives, or number of years deter­minable, upon her or their life or lives, as aforesaid, according to the true intent and meaning of the same Indenture, Deeds and Writings, and of these presents. And it is hereby declared and agreed by and between the said Parties hereunto, that the said sum of 1000 l. herein before mentioned, or such less sum as aforesaid, to be paid by the said Edward Lord Herbert, to the said Richard Eaton, as aforesaid, shall go and be employed upon the trust herein after following ( viz.) in case the Debts and Sums of Money men­tioned in the Schedule hereunto annexed, be not then paid, then the same, or so much thereof as shall be sufficient to pay and satisfie such of the said Debts or Sums of Money mentioned in the said Schedule hereunto annexed, as the said Jo. Earl of Bridgewater, and Edward Herbert, party to these presents, or the Survivor of them and his heirs shall think fit, shall be disbursed and employed to that purpose, and after the said Debts and Sums of Money, or such of them as the said Jo. Earl of Bridgewater, and Edward Herbert shall think fit, shall be paid or satisfied, then the surplusage (if any be) of the said, One thousand pounds, or such less sum, as aforesaid, shall be disposed and employed, for the purchasing and buying of Lands, Tenements and Hereditaments, to be setled on the said Edward Herbert, party to these presents, for and during the term of his natural life, and after his decease to the use and behoof of such person and persons, and in such manner and form as the said Lands; Tenements and Hereditaments in the County of Monmouth herein before limited, to the said Richard Herbert, party to these presents, for his life, with remainder over, are limited, estated and setled: Provided alwayes, and it is covenanted, granted, condescended, concluded and agreed by and between all the said parties to these presents, and the true intent and meaning of them, and every of them, and of these presents is, that if the said Richard Herbert, party to these presents, or some other person or persons, to whom any Estate is hereby limited or intended to be limited, of and in the said Mannors, Lands, Tenements and Hereditaments within the King­dome of Ireland, or any of them, their or some of their heirs or assigns, or some of them, shall not within two years next after the [Page 287]decease of the said Edward Lord Herbert, well and truly pay, or cause to be paid of the said Edward Herbert, Son of the said Edward Lord Herbert (if he the said Edward Herbert, Son to the said Edward Lord Herbert, shall so long live) the sum of 2000 l. of, &c. that then and immediately after such default of payment, all and every, use and uses herein before limited and declared as for and concern­ing all and every the Mannors, Lands, Tenements and Heredita­ments, within the Kingdom of Ireland, shall cease and be void, and then also and from henceforth the said recovery and recoveries, so as aforesaid, or in any other sort to be had and suffered, and the Recoverer and Recoverers therein named, his and their heirs shall stand and be seized of and in all and singular the Mannors, Lands, Tenements and Hereditaments, with their appurtenances, within the said Kingdom of Ireland, to the use and behoof of the said Edward Herbert, Son of the said Edward Lord Herbert, his heirs and assigns, until he or they shall and may, out of the Rents, Issues and Profits thereof, have fully levied and received the said sum of 2000 l. together with consideration after the rate of 8 l. per centum, per annum, for the forbearance thereof, from the end of the said two years next ensuing the death of the said Edward Lord Herbert, and all Damages, Costs and Charges which he the said Edward Herbert, Son of the said Edward Lord Herbert, his Heirs, Executors or Administrators, shall sustain to be put unto, in or about the reco­very of the said premises, or of the said sum of 2000 l. or any part thereof, or in or about any Suit concerning the same: Provided also, and it is covenanted, granted, condescended, concluded and agreed, by and between the said parties to these presents, and the true intent and meaning of them, and every of them, and of these presents is, That it shall and may be lawful to and for the said Richard Herbert, party to these presents, by Indenture, or by any Deed or Deeds, Writing or Writings, indented or poll, to be by him the said Richard Herbert, party to these presents, sealed and subscribed in the presence of two or more credible. Witnesses, to declare, limit or appoint all or any of the said Mannors, Lordships. Messuages, Lands, Tenements, Hereditaments and Premises, in the Kingdom of Ireland, to and for the Joynture of any Wife or Wives, which he the said Richard Herbert, shall hereafter happen to marry, or to take to Wife, for and during the natural life or lives of such Wife or Wives, or for any number or term of years determinable, upon her or their life or lives, the same to take effect upon the decease of the said Edward Lord Herbert, and Richard Herbert, and the Survivor of them, to be subject to the use herein [Page 288]before limited, to the said Edward Herbert, Son of the said Edward Lord Herbert, and his Heirs in the manner aforesaid, and then and from thenceforth, the said recovery and recoveries shall be and enure, and the Recoverer and Recoverers therein named, his and their Heirs shall stand and be seized of and in the said Mannors, Lordships, Messuages, Lands, Tenements, Hereditaments and Premises in the Kingdom of Ireland, with the rights, members and appurtenances thereof, or of, or in, or so much, or such part thereof, for or concerning which such Indenture, Deed or Writing, shall be made by the said Richard Herbert, as aforesaid, for the life of any such Wife or Wives, or number of years determinable up­on her or their life or lives, as aforesaid, according to the true in­tent and meaning of the said Indenture, Deeds or Writings, and of these presents, subject nevertheless to the said use herein before limited, to the said Edward Herbert, Son of the said Edward Lord Herbert, his Heirs and Assigns in manner aforesaid: Provided also, and it is nevertheless covenanted, concluded, condescended and agreed by and between the said Parties to these presents, that it shall and may be lawful to and for the said Richard Herbert, party to these presents, at all or any time or times hereafter, during his na­tural life, being then actually seized of the immediate estate of Free-hold in possession, of or in the said Mannors, Lands, Tene­ments, Hereditaments and Premises, or any of them, by virtue or means of the said Recoveries, or any of them, and of these presents, or of any the limitations, of uses herein limited, to de­mise or to Farm-let by Indenture or Indentures, such or so much of the said Mannors, Lands, Tenements, Hereditaments and Pre­mises, whereof he shall be then so seized in possession of such Estate, as aforesaid, or any part thereof chargeable and charged, nevertheless with the liberties and powers herein contained, and with the terms and estates hereof, thereby, or in pursuance there­of made or raised unto any person or persons whatsoever in posses­sion, for any number of years not exceeding the number of Twen­ty one years, from the making thereof in possession, or for the term of three lives, or for any fewer number of years or lives, or for any number of years determinable on three lives, or any fewer number of lives in possession, so as upon every such De­mise, Lease or Grant so to be made, as aforesaid, there be reserved respectively such Rents and Services, as at any time within the space of Seven years last past, before the date of these presents, have been reserved for the same, or more or greater Rent payable for the same, during the continuance of every such several or [Page 289]respective Demise or Lease, so to be made, as aforesaid, to such person or persons, as by force of these presents, shall or ought to have the immediate Reversion or Remainder thereof, and that im­mediately from and after every or any such time, as any such seve­ral and respective Demise, Lease or Grant shall be made as afore­said, the recovery and recoveries, and every of them shall be and enure, and shall be taken to be and enure; and the said Recoverer and Recoverers in the said Recovery named, and every of them, their and every of their Heirs, and all and every other person or persons, which at any time hereafter shall be seized of such parts and parcels of the premises, as shall be demised or leased, as afore­said, shall stand and be seized thereof, and of every part thereof, to the use and behoof of such several and respective person and per­sons, to whom any such Demise or Lease shall be so made, as afore­said, their several and respective Executors, Administrators and Assigns, to such several and respective estate and estates, term and terms, and such manner and form, as in such several and respective Demises or Leases to be made, as aforesaid, shall be mentioned and expressed, subject to the Rents, Covenants, Conditions, Pro­visoes and Agreements, as therein shall be severally and respective­ly contained and expressed, and of the Reversion and Reversions, Remainder and Remainders thereof, to the use of such person or persons, as by force of these presents shall or ought to have the im­mediate Reversion or Remainders thereof, any thing, &c. Pro­vided alwayes, and it is, &c. and the true intent, &c. is, that it shall and may be lawful, to and for the said Richard Herbert, party to these presents, at any time or times after the decease of the said Edward Lord Herbert, during his natural life, by Indenture, Deed or Writing to be by him the said Richard Herbert, party to these pre­sents, sealed and subscribed in the presence of two or more credi­ble Witnesses, to make any Lease or Leases, Demises or Grants, of all or any part of the said Mannors, Lands, Tenements and Pre­mises, with their appurtenances, as well those within this Realm of England, and the Principality of Wales, as those within the said Kingdom of Ireland (except such of the Mannors, Lands, Tene­ments and Premises in the said County of Monmouth, as shall be li­mited to or for the Joynture of such wife or wives as the said Edward Lord Herbert shall hereafter marry, for and during the life or lives of such Wife or Wives only) for the term of 21 years, or under, or for one, two, three, or more lives, or for any number or term of years determinable, upon one, two, three, or more lives in possession or re­version, or otherwise, with reservation of Rent, or without reserva­tion [Page 290]of Rent, at his and their will and pleasure unto any person or persons, subject nevertheless to the use herein before limited, to the said Edward Herbert, Son of the said Edward Lord Herbert, his Heirs and Assigns in manner aforesaid, upon trust for the raising of the several portions herein after mentioned, for such Daughter and Daughters, as the said Richard Herbert, Son of the said Edward Lord Herbert, shall happen to have, and not otherwise, Provided (that is to say) if one Daughter only, then for the raising of 3000 l. for that Daughter; if more than one Daughter, then for the raising of 2000 l. apiece, for each and every one of the said Daughters; and that all or every such Lease or Leases, Demises or Grants so to be made, as aforesaid, shall stand and be good and effectual in the Law, to all intents and purposes; and that the said Recovery and Recoveries so as aforesaid, or in any other sort to be had and suffered, and the Recoverer and Recoverers therein named, his and their Heirs, shall stand and be seized of and in such part, and so much of the Mannors, Messuages, Lands and Premises, with the appurtenances, as shall be so demised or leased, as aforesaid, and every part thereof (except as is before excepted) to the use of such person and persons, his and their Executors, Administrators and Assigns, to whom such Demises, Leases or Grants shall be so made, as aforesaid, for and during such Leases, Estates and Terms, as shall be so demised and granted, as aforesaid, subject neverthe­less to the said use herein before limited, to the said Edward Herbert; Son of the said Edward Lord Herbert, his Heirs and Assigns, in manner aforesaid; Provided also, and it is, &c. and the true in­tent, &c. that it shall and may be lawful to and for the said Richard Herbert, party to these presents, from time to time, and at all times during his natural life, by any his Deed or Deeds, Writing or Writings, indented or poll, to be by him the said Richard Herbert, party to these presents, signed, sealed, and delivered in the presence of two or more credible Witnesses, to revoke, annihilate, frustrate and make void all or any of the use or uses, estate or estates, or limi­tations herein before limited, declared and appointed, of, for, or concerning any three Plough-lands of the premises, in the King­dome of Ireland, not exceeding in the whole the clear yearly va­lue of 150 l. per annum, over and above all Charges and Reprizes, other than the use herein before limited to the said Edward Herbert, Son of the said Edward Lord Herbert, and his Heirs, in the manner aforesaid, and other than the use herein before limited to the said Edward Lord Herbert, for his life; and that then and from thence­forth, the use and uses, estate and estates, and limitations herein [Page 291]before declared, limited or appointed, of, for, or concerning such of the last mentioned premises, for, or concerning which any such nomination shall so be had or made, other than the uses herein be­fore limited, to the said Edward Lord Herbert, and Edward Son of the said Edward Lord Herbert, and his Heirs, in the manner afore­said shall cease, determine, and be utterly revoked, frustrate and made void; and then also it shall and may be lawful, to and for the said Richard Herbert, party to these presents, by the same Deed or Deeds, or by any other Deed or Deeds, to be signed, sealed and delivered by him the said Richard Herbert, as aforesaid, to declare, limit or appoint any other new use or uses, estate or estates whatsoever, of the said premises, of, for, or concerning which any such revocation shall be so made, or any part or parcel thereof, unto any person or persons whatsoever, subject nevertheless to the said use herein before limited, to the said Edward Herbert, Son of the said Edward Lord Herbert, and his Heirs, in the manner aforesaid, any thing in these presents contained to the contrary thereof in any wise not­withstanding: and that then also, and from thenceforth, the said recovery and recoveries, as to such of the premises, concerning which any such revocation and new declaration shall be so made, to such uses, intents and purposes as the said Richard Herbert, party to these presents, by any such Deed or Deeds, as aforesaid, shall declare, limit or appoint; Provided also, and it is, &c. that if the said Edward Lord Herbert, and Richard his Son, shall both of them be minded to make sale of the Mannors, Lands, Tenements and Hereditaments, within the County of Monmouth, or any of them (other than such as herein are before limited, to the said use of the said Richard Herbert, party to these presents, and his Heirs in possessi­on) which Sales is not meant or intended by any of the parties to these presents to be made, but for raising of money to be imploy­ed and bestowed upon the purchase of some other Lands of as good value, or in some other place or places, to be setled and estated, to the same uses and estates, and with the same powers and provisoes, and in the sort and manner, as those Lands so to be sold, are here­by limited, and mentioned to be setled and estated, and being both so minded, shall at any time during their Joynt-lives, by any Deed or Deeds, Writing or Writings to be by him the said Edward Lord Herbert, and Richard Herbert his Son, party to these presents, sealed and subscribed in the presence of two, &c. declare and publish their mind, intent and meaning to be, to revoke, alter and frustrate the said uses and estate, before in these presents mentioned, declared, limited or appointed, or any of them, or for or concerning the [Page 292]said last mentioned Mannors and Premises, or any of them, or any part or parcel thereof, or any of them, that then from and after such Declaration or Publication, so to be made as aforesaid, the same use and uses, estate and estates, in and by these presents limi­ted, expressed, declared or appointed, of, for or concerning the which any such declaration or limitation shall be made as aforesaid, shall cease and become utterly void, frustrate and of none effect, to all intents, constructions and purposes whatsoever, and that then and from thenceforth, the said recovery and recoveries, so as afore­said, or in any other sort to be had and suffered, shall be and enure, and the Recoverer and Recoverers therein named, his and their Heirs shall stand and be seized of and in the said Mannors, Lands and Premises last mentioned, or so much, or such part thereof, con­cerning which any such Declaration or Publication shall be made as aforesaid, to such uses, intents, trusts and purposes, as the said Edward Lord Herbert and Richard, party to these presents, by any Deed or Deeds, &c. sealed and subscribed in the presence of two, &c. shall declare, limit or appoint. And it is further, &c. for the considerations aforesaid, that in case any of the said Mannors, in­tended to be comprized in the said Fine or Fines, Recovery and Recoveries, shall be omitted or left out, and not be comprized in the said Fine or Fines, Recovery or Recoveries, or in case there shall happen to be any defect in the assurance of the premises, or any of them, according to the true, &c. that they the said Edward Lord Herbert, and Richard Herbert, party to these presents, their Heirs and Assigns, and all and every other person and persons, which now are, or hereafter shall be seized of, and in such of the said Mannors, &c. as shall be so omitted or left out, and not to be comprized, as afore­said, or whereof such Fine or Fines, Recovery or Recoveries shall not be levied and had, or whereof the assurance hereby intended to be made, shall be any way defective, shall stand and be seized thereof, and every part and parcel thereof, with their and every of their appurtenances, and the reversions thereof, to and for the se­veral and respective estate and estates thereof, herein before seve­rally and respectively limited unto them, or any of them, as afore­said, under the several Provisoes herein before mentioned, and to none other uses, intents and purposes. In witness, &c.

J. W. being seized of a Mannor, and other Lands (conceiving he should die without Issue, and intending to settle the same to good uses) by Deed, granteth and conveyeth the same to A. B. C. &c. in trust to the use of himself for life, and after of Rachel his wife for life, the remainder to the Heirs of his Body; and in default of such Heirs, to grant the same as he should by Will, or other writing, limit or ap­point, &c. with several Provisoes, &c.

THis Indenture made, &c. between J. W. of, &c. of the one part, and A. B. C. D. &c. of the other part, witnesseth, That the said J. W. for and in consideration of the better confirmation and strengthening of a Joynture already made and granted to R. his now wife, and for her better maintenance and livelihood in time to come, and for the natural love and affection which he the said J. W. beareth to the Heirs of his body, begotten, and to be begotten, and for setling and establishing of the Inhe­ritance of the Lands and Tenements hereafter mentioned, to and in the said A. B. C. D. &c. and their Heirs, to the uses, intents and purposes hereafter specified: Hath given, granted, enfeoffed and confirmed, and by, &c. unto the said A. B. C. D. &c. their Heirs and Assigns for ever, all that the Mannors, Capital Messu­ages, and Farm of B. in, &c. with the rights, members and appur­tenances thereof; and all that the Advowson, Patronage and Gift of the Parish-Church of B. and all and all manner of Houses, Edi­fices, Dove-houses, &c. and all those Thirteen Messuages or Te­nements, &c. and all Shops, Cellars, Sollers, &c. and all other the Messuages, Lands, Tenements, Reversions, Services and Heredi­taments whatsoever, which he the said J. W. standeth seized of any Estate of Inheritance, within the Counties of, &c. aforesaid, or else-where within the Kingdom of England; and the Reversion and Reversions, Remainder and Remainders of all and singular the said premises, and all Rents and yearly Profits reserved, due or pay­able by or upon any Demise, Lease or Grants, Demises, Leases or Grants made of the said premises, or any part thereof, and all the estate, right, title, interest, claim and demand whatsoever, of him the said J. W. of, in and to the same premises, and every or any part or parcel thereof, and also such Deeds, Charters, &c. To have and to hold the said Mannors, Messuages, Farms, Tenements and Recto­ry, and all and singular other the premises before by these presents granted or mentioned, meant or intended to be granted, with [Page 294]their and every of their appurtenances unto the said A. B. C. D. &c. their Heirs and Assigns for ever, to the uses, intents and pur­poses hereafter in these presents limited, expressed and declared, and to none other use, intent or purpose, (that is to say) as for, touching and concerning the said Mannor, Capital Messuage and Farm of Burnet, and all Lands, Meadows, Pastures, &c. And the said Rectory and Parsonage of Chewion, alias Chewton, and with the rights, members and appurtenances thereof, and all and all manner of Tythes of Corn, Hay and Wooll, and all Obligations, Ob­ventions, Profits, Commodities and Hereditaments whatsoever, coming, growing, yearly renewing or happening in Chewton afore­said, or else-where, to the said Rectory or Parsonage belonging, or in any wise appertaining, and the said Messuage or Tenement, &c. and the said three Messuages or Tenements, &c. and all Cel­lars, Sollers, Houses, &c. and the Reversion and Reversions there­of, &c. and all Rents and Services thereunto belonging, or in any wise appertaining, to the use and behoof of J. W. and his Assigns, for and during the term of the natural life of the said J. W. with­out impeachment of, or for any manner of waste, and after the de­cease of the said J. W. then to the only use and behoof of the said Rachel, for and during the term of her natural life, for and in the name of her Joynture, and in full recompence of her Dower, and title of Dower, which she the said Rachel shall or may have of or to the Lands, Tenements and Hereditaments of the said J. W. and after the decease of the said J. W. and Rachel, then to the use and behoof of the Heirs of the body of the said J. W. lawfully begot­ten, or to be begotten; and for default of such Issue, to the use and behoof of the said A. B. C. D. &c. their Heirs or Assigns for ever; upon this hope, trust and confidence nevertheless in them re­posed, by the said J. W. that they the said A. B. C. D. &c. and the Survivors and Survivor of them, and his and their Heirs and Assigns, and at all times after the ending of the said Estates of the said J. W. and Rachel his wife, of and in the said Mannors and Premises to them above-limited, make such Grants and Convey­ances of the same, and dispose, distribute and employ the Rents, Issues and Profits thereof, to such person and persons, and in such manner and form as the said J. W. by his last Will and Testament in writing, (by him) to be subscribed with his own hand, and seal­ed with his Seal in the presence of three or more Witnesses, or by any other writing to be by him subscribed and sealed in the presence of so many Witnesses, as aforesaid, shall nominate, declare or ap­point; and for and in default of such nomination or appointment, [Page 295]then that the persons trusted, and the Survivors and Survivor of them, his and their Heirs and Assigns shall convey and assure the said Mannor and Premises, to and on the right Heirs of the said J. W. for ever, and as for, touching and concerning all other the said Messuages, Lands, Tenements, and Premises residue with the appurtenances, whereof no use is before by these presents limited or declared to the use and behoof of the said J. W. and of the Heirs of his body lawfully begotten, and to be begotten: and for de­fault of such Issue, to the use and behoof of the said A. B. C. D. &c. their Heirs and Assigns for ever, upon the like hope, trust and confidence in them reposed, that they the said persons trusted, and the Survivors and Survivor of them, and his and their Heirs and Assigns, at all times, from and after such time as the said J. W. shall be dead, without Heir of his body, shall make such Grants and Estates of the said Lands and Premises residue, &c. or any part or parts thereof, and distribute, dispose and employ the Rents, Issues and Profits thereof, to such person and persons, and in such manner and form as the said J. W. by his last Will and Testament in writing to be by him subscribed with his own hand, and sealed in the presence of three or more witnesses, or by any other writing to be by him subscribed and sealed in the presence of so many Wit­nesses, as aforesaid, shall nominate, declare, limit and appoint, and for and in default of such nomination or appointment, then that the said person or persons trusted, and the Survivors or Survivor of them, his and their Heirs and Assigns shall convey and assure the same Lands and Premises residue with the appurtenances, to and upon the right Heirs of the said J. W. for ever. Provided always, and it is fully and plainly convenanted, concluded and agreed, by and between the said Parties to these presents, for them, their Heirs and Assigns, that it shall be lawful to and for the said John W. and that the said J. W. shall have full power and authority from time to time, and at all times hereafter, at will and pleasure, by his Deed or Deeds in writing to demise, grant, and to farm-let all or any the said Mannor, Messuages, Lands, Tenements and Hereditaments, and every or any part or parts thereof, as well in possession, as in reversion, or in possession, or in reversion, unto any person or per­sons for one, two or three lives, or for any number of years what­soever, by and under such Rents, Reservations, Covenants, Con­ditions, Limitations and Agreements, as to him shall seem meet, or without any Rent, Reservation or Condition, at his will and pleasure; at that when, and as often as any such Demise, Grant or Lease shall be so made by the said J. W. of the premises, or any [Page 296]part or parts thereof, the said parties trusted, and every of them, and the Survivors and Survivor of them, and every of them, and his and their Heirs and Assigns, shall stand and be seized of such part, parts and parcels of the said Mannor, Messuages, Farms, Tenements, Rectory and Premises, as shall be so demised, leased or granted, immediately from and after every such Demise, Lease or Grant made, to the use and behoof of every such person and persons, to whom any such Lease, Demise or Grant shall be so made, and of their Executors, Administrators and Assigns re­pectively, only for and during the continuance of the estate and estates, term and terms, interest and interests, to be limited and expressed, in such Lease, Demise or Grant, under such Rents, Re­servations, Condition and Conditions, Limitation and Limitati­ons, as in or by such Leases, Demises or Grants shall be limited, expressed or contained respectively, according to the intent, purport and true meaning of every such Demise, Grant and Limitation, and of the Reversion and Reversions, Rents and Services reserved, and depending upon the same Leases and Grants, and also after the end and expiration of every such Demise, Lease and limitation to be made, and as the same shall respectively end and determine then from time to time of all and every such part and parts of the premises, as shall be so demised, leased or limited, as aforesaid, to the use of such person and persons, and in such manner and form, and of such Estate and Estates, with such Remainder and Remainders over, as are before herein and hereby limited, ap­pointed and declared, and to none other use, intent or purpose. Provided likewise, and it is further covenanted, concluded, con­descended unto, and agreed by and between the said Parties to those presents, that if the said J. W. do and shall at any time or times hereafter, in or by any Writing under his Seal, and by him subscribed with his Hand in the presence of three or more Wit­nesses, signifie and declare that he is minded to alter, change, re­voke, determine, frustrate or make void all or any the uses or estates hereby made, limited or appointed, that then and from thenceforth all and every such use and uses, estate and estates, whereof or con­cerning which he shall so signifie or declare his said mind as afore­said, shall respectively be frustrated, void, revoked, determined, and of no force or effect, only of, for and concerning all such and so much of the said Mannor, Rectory, Farms, Lands and Premises before herein mentioned, whereof he the said J. W. shall so signifie and declare his mind as aforesaid, and then and from thenceforth this present Feossment and Grant shall enure and be, and the said [Page 297]A. B. C. D. &c. and their Heirs shall stand, and be seized of, for and concerning all such, and so much of the said Mannors, Lands and Premises, whereof or concerning which he the said J. W. shall so signifie and declare his mind as aforesaid, to the only use of such person and persons, and of and for such Estate and Estates, and with such Remainder and Remainders thereof, over and for, upon and under such Conditions and Provisoes, and in such manner and form as the said J. W. shall by any such writing or writings, by him to be subscribed and sealed as aforesaid, limit or appoint any thing in these presents contained, or any other matter or cause to the con­trary thereof in any wise notwithstanding. In witness, &c.

The Executrix proved his Will.

THe Sisters and Sisters Children of the Donor (as Heirs at Law) question the validity of the Deed; whereupon the Mayor, Commonalty, and Feoffees in trust, exhibit their Bill in Chancery against the Co-heir and Executrix, and afterwards the matter coming to the hearing, by Decree the Deed and Uses are confirmed.

A Condition to pay money weekly.

THe Condition, &c. That if the within-bound A. B. C. D. E. F. and G. H. or any of them, or the Executors, Admini­strators or Assigns of them, or any of them, do truly pay, or cause to be paid to the within-named M. P. and J. G. or either of them, or to the Executors, Administrators or Assigns of them, or either of them, at or in the, &c. the sum of 4 l. of, &c. in manner and form following, that is to say, every week weekly on the Saturday [Page 298]in every week, one next and consequently ensuing another, the sum of two shillings, until the said sum of 4 l. shall be fully satisfied and paid, the first payment thereof to begin and to be made on Saturday next, being the twenty day of this instant Moneth of Sep­tember, within-written, that then, &c. but if default shall be made of or in any of the payments, that then, &c.

A Condition to pay a sum of money, and three years payment given.

THe Condition, &c. That if the within-bound J. W. his Exe­cutors, Administrators or Assigns, or any of them, do truly pay, or cause to be paid to the above-named J. P. his Executors, Administrators or Assigns, the sum of 7 l. and 10 sh. of good and lawful money of England, at or in the, &c. in manner and form following, that is to say, on the third day of Jan. which shall be in the year of our Lord, 1632. 50 sh. thereof, on the third of Jan. which shall be in, &c. 1633. 50 sh. more thereof, and on the third day of Jan. which shall be in, &c. 1634. 50 sh. residue of the said sum of 7 l. 10 sh. without fraud or delay, that then this, &c. but if default shall be made of or in any of the said payments, in part or all, then this, &c.

A Condition to perform Covenants in a Lease, and not to seek for a new Lease from the chief Landlord.

THe Condition, &c. That whereas the within-named M. H. by her Indenture of Lease, bearing date the day of the date within-written, hath leased unto the within-bound E. M. part of a Messuage or Tenement called the Peter and Paul, scituate in Pater­noster-Row, in the Parish of St. Michael at Quern in London, from the Feast of the Nativity of St. John Baptist last past, before the date within-written, for the term of twenty one years, as by the said Indenture of Lease may appear; if therefore the said E. M. his Executors, Administrators and Assigns, and every of them, do well and truly observe, perform, fulfil and keep, all and singular the Co­venants, Grants, Articles, Conditions and Agreements, specified and declared in the said Indenture of Lease, which on his or their parts are or ought to be observed, performed, fulfilled and kept in and by all things according to the tenor, purport, effect and true meaning of the said Indenture: And further, if the said E. M. his [Page 299]Executors, Administrators nor Assigns, nor any other person or persons whatsoever, for him or them, or by his or their, or any of their means, occasion or procurement, do directly or indirectly procure, get or obtain, or endeavour to go about to procure, get or obtain any Lease or Grant from the Mayor, Commonalty, and Citizens of the City of London, of the said Messuage or Tene­ment, or any part thereof, or of that part of the said Messuage or Tenement, which he the said M. H. hath leased unto the said E. M. that then, &c. or else, &c.

A Collateral Condition.

THe Condition, &c. That whereas A. B. and C. D. Citizens and Drapers of London, by one Obligation of the date with­in-written, are and stand joyntly and severally bound to the within-named E. F. in 100 l. of, &c. with condition for the payment of 52 l. or the, &c. at or in the, &c. as by the, &c. and if in case the said A. B. and C. D. and either of them, and either of their Exe­cutors, Administrators and Assigns, shall make default of and in the payment of the said sum of 52 l. to the said, &c. his Execu­tors and Assigns, on the day, and at the place of payment thereof aforesaid; if then the within-bound L. M. his Executors or Admi­nistrators, do well and truly pay, or cause to be paid unto the said, &c. the sum of 52 l. within the space of eight dayes next after such default of payment made as aforesaid, he the said E. F. his Executors or Administrators, upon the receipt thereof, delivering unto the said L. M. his Executors or Assigns, the above-recited Obligation uncancelled and undischarged, together with an irrevo­cable, absolute and sufficient Letter of Attorney or assignment thereof, unto the said L. M. his Executors and Assigns, by and from the said E. F. his Executors and Assigns, and sealed and de­livered in due form of Law before two or three sufficient witnesses at the least, that then, &c. or else, &c.

A Condition to erect a Barn.

THe Condition, &c. That if the within-bound T. S. his Exe­cutors, Administrators or Assigns, do at or before the Feast-day of, &c. next coming after the date within-written, at his and their own proper costs and charges, well, work-man-like, and [Page 300]sufficiently make, build, erect, set up, and fully finish, or cause to be made, &c. (in all things belonging to the Art or Trade of a Carpenter) in and upon one piece of Ground, now in the Occu­pation of, &c. one new Barn, with twelve several Bays or Rooms in the same, of good, new and seasonable Timber, and one strong Door with four Windows to the same, and the said Barn to con­tain in length 116 Foot of Assize, and in breadth 22 Foot, and in height eighteen Foot of Assize at the least, and also do, at or before the said Feast-day of, &c. make, or cause to be made, at his or their like Costs and Charges, within the said Barn so to be builded and set up, the one half and moyety thereof meet and convenient for a Stable-room, and a sufficient floor for the same moyety, upon the main ground, with good, new and seasonable planks of Oaken Timber, together with Racks and Mangers, sufficient and conve­nient for the same, and do also to the other moyety of the same Bays or Rooms, make one substantial Floor of seasonable Boards, and do likewise at his and their like Costs and Charges, find and allow all such nails, as shall be needful to be spent and occupied in and about the erecting, setting up and finishing of the same Barn and Stable with Floors, Racks, Mangers, Doors, Windows and Planks, (except if any be excepted) that then, &c. (or you may proceed thus) And the within-named D. E. in consideration of the premises, is to pay unto the said T. S. his Executors or Assigns 20 l. 10 sh. of, &c. in form following, viz. at the ensealing here­of 6 l. 8 sh. 4 d. thereof, which he had paid accordingly on the, &c. and at the fully finishing of the same Barn as aforesaid, other, &c. in full payment of the said sum of, &c. that then, &c.

A Condition, that whereas A. B. had delivered a Bond and a Letter of Atturney to C. D. to recover a Debt of, &c. the said C. D. it bound to re-deliver the Bond or the money.

THe Condition, That whereas the within-bound C. D. the day of the date within-written, hath received and had of the within-named A. B. one Bond or Obligation, bearing date, &c. (and so recite the Bond) as by the said Obligation and Condition may more plainly appear, which said Bond or Obligation, toge­ther with one other Writing or Letter of Atturney of the date within-written, the said A. B. hath delivered to the said C. D. in trust only for the recovery and receiving of the said Debt of, &c. mentioned in the Condition of the said Obligation, together with [Page 301]Costs, Damages, and reasonable interest, if any shall be, of and from the said, &c. his Executors or Administrators: if therefore that the said C. D. his Executors, Administrators or Assigns, do at any time hereafter, within the space of one whole year next com­ing after the date within-written, either well and truly pay, or cause to be paid to the said A. B. his Executors or Assigns, the full sum of, &c. at or in the, &c. or otherwise re-deliver, or cause to be re-delivered to the said A. B. his Executors or Assigns, the said Ob­ligation or Bond, and the said Letter of Atturney, safe, whole, uncancelled and undischarged, and in as good condition as he re­ceived them, or either of them (the perils and dangers of the Seas and Pirates only excepted) within the time and space before limi­ted, that then, &c. or else, &c.

A Condition to pay a sum of money at ones return from beyond Sea.

THe Condition, &c. That whereas the within-named A. B. the day of the date within-written, hath paid and delivered unto the within-bound C. D. the sum of, &c. which said sum the said A. B. is contented, that the said C. D. shall employ and adven­ture in a Voyage, wherein the said C. D. is bound in the good Ship called the, &c. unto the East-Indies, upon the condition that the said C. D. his Executors, Administrators or Assigns, shall tru­ly pay, or cause to be paid unto the said A. B. his Executors or Assigns, the full sum of, &c. at the return of the said C. D. and the said Ship, or either of them, which shall first and next happen from the East-Indies as aforesaid, into the Realm of England. If therefore the said C. D. his Executors, Administrators or Assigns, do or shall within one moneth next after the return either of him­self, or of the said Ship, called the, &c. from the East Indies afore­said, into the Realm of England, well and truly pay, or cause to be paid to the said A. B. his Executors or Assigns, the said sum of, &c. of like lawful money of England, without fraud or delay, that then, &c. or else, &c.

A Condition for delivery of Wooll.

THe Condition, &c. That whereas the within-bound A. B. for the sum of, &c. to him by the within-named C. D. in hand, at the sealing of this Obligation truly paid, whereof he the said A. B. acknowledgeth the Receipt, hath bargained and sold to the said C. D. one hundred Tod of merchantable Wooll, good and lawful, viz. at the rate and price of 10 sh. the Tod, if therefore the said A. B. his Executors, &c. do well and truly deliver, or cause to be delivered unto the said C. D. his Executors, &c. all the said one hundred Tods of Wooll, sorted and packed by an indifferent sworn Wooll-packer, frank and free at the Warehouse of, &c. on or be­fore, &c. without any delay, that then, &c.

A Condition to make an Assurance by a day.

THe Condition, &c. That if the within-bound A. B. his Heirs, Executors and Administrators, do before the twentieth day of May next coming after the date within-written, make, or cause to be made unto the within-named C. D. and to his Heirs and As­signs, such a good, sure, sufficient and indefeazible Estate of Inhe­ritance in the Law, to the only use and behoof of the said C. D. his Heirs and Assigns for ever, or to the use of such person, and his Heirs and Assigns for ever, as he the said C. D. shall then name and appoint of and in all that Messuage, &c. (as the bounds there­of are known) by Deeds and Evidences sufficient in the Law, or by Fine and Recovery if need shall be or require, or by any other Suit or lawful means, as by the said C. D. or his Heirs, or by the As­signs of him or them, or by their, or any of their Council learned in the Law, shall be reasonably advised, devised or required, and also if the same Messuages, &c. now are and be, and so from, &c. for ever shall remain, continue and be unto the said C. D. his Heirs and Assigns, or to such other person as he the said C. D. shall name and appoint, and his Heirs and Assigns free, clear, and clearly ac­quitted, exonerated and discharged, or otherwise upon request suffi­ciently saved and kept harmless, of and from all and all manner of former and other Bargains, Sales, Leases, Gifts, Grants, Surrenders, and Incumbrances whatsoever, (if need be you may proceed fur­ther) and also if the said A. B. his Heirs, &c. do at all times here­after, [Page 303]and from time to time, and from and after the said, &c. for and during the space of ten years, upon reasonable request to be made by the said C. D. his Heirs or Assigns, do make, knowledge and execute, and suffer to be done and executed, all such further act and acts, thing and things, device and devices, for the better assuring and conveying of the premises unto the said C. D. his Heirs and Assigns, as aforesaid, be it by Fine, Feoffment, Deed or Deeds, inrolled or not inrolled, recovery, release, or by any other wayes or means whatsoever, with warranty against the said A. B. his Heirs and Assigns, and all other claiming by, from or under him, them, or any of them, or otherwise without warranty, as by the said C. D. his Heirs or Assigns, or by his or their County learn­ed, at his and their own proper costs and charges in the Law shall be reasonably devised and required, that then, &c. or else, &c.

A Condition for the renewing of a Lease, when the Lessor shall come to the age of twenty one years.

THe Condition, &c. That whereas the within-bound R. R. and E. his wife, late wife of the within-named T. W. by Deed indented, bearing date, &c. have demised, granted and to farm-letten unto the within-named J. G. and A. P. all those Copy-hold or customary Messuages, Lands, Tenements, Meadows, Leasoes, Pastures, Commons, Woods, Under-woods and Hereditaments, commonly called or known by the several and proper names of, &c. or any of them, or by any other name or names, scituate, ly­ing and being within the Mannor or Lordship, and Parish of Wood­ford in the County of Essex, which were at the time of the decease of the said T. W. in the Tenure or Occupation of G. H. or his Assigns: To have and to hold from the, &c. last past, before the date thereof, unto the end and term of forty years, from thence next ensuing, and sully to be compleat and ended, if the said E. shall happen so long to live, by the yearly Rent of, &c. as by the said Deed indented amongst other things, Covenants, Grants and Ar­ticles therein contained, whereunto relation being had more at large it may appear: if therefore the said R. R. and E. his Wife, within one half year, next after that the said E. shall come to and accomplish her full age of twenty one years, upon reasonable re­quest made by the said J. and A. or either of them, their Executors or Assigns, at the now, &c. and at the only Costs and Charges for writings, or otherwise of the said J. and A. their Executors or Assigns, [Page 304]shall make and seal, and as their Deeds deliver to the said J. W. and A. P. their Executors or Assigns, one Indenture of Lease, of all and singular the said Copy-hold or customary Messuages, Lands, Tenements and Hereditaments, before by the said Deed indented, demised, and of every part and parcel thereof, and which Indenture so to be made, sealed and delivered, shall in all things and in every Covenant, Grant and Article of the same, agree ver­batim with the said Deed indented, which beareth the date within-written, and not otherwise, save only that after the commence­ment and beginning of the same, it shall be made to hold and con­tinue the rest of the said term of forty years, which shall be then to come and unexpired, comprized in the said Deed indented, which beareth the date within-written, ( viz.) to continue the rest of the years which shall be then to come, and no otherwise, that then, &c. or else, &c.

A Condition to gather Rents, and to yield an account thereof.

THe Condition, &c. That if the within-bound A. B. or his sufficient Deputy, do from henceforth during his natural life, well, truly and entirely levy, collect and gather all and singular the Rents, Revenews, Emoluments, Perquisits of Courts, Issues and Profits whatsoever, of, or belonging to the Lordship or Mannor of, &c. and of all the members and parcels of the same, at the Feasts of, &c. yearly, during the said term, and all the same Rents, &c. and all the money thereof coming, hereafter to be coming of the same, and every, or any part thereof, well and truly content and pay to the within-named C. D. at the Feasts of, &c. yearly, and also do from time to time, as often as he shall be thereunto required by the said C. D. his Heirs, Executors or Assigns, make, render and deliver to the said C. D. his Heirs or Assigns, a just, true and perfect Account of all the same Rents, Revenews, and other the premises, and of all the arrerages thereof (if any be) do at the end of every such Account made, make just and true payment to the said C. D. his Heirs or Assigns, and further do well and truly admini­ster, serve and execute all Process to him to be directed from the Stewards and Officers of the said C. D. his Heirs or Assigns, con­cerning the premises, or any part thereof; and moreover do, during all the said term, demean and behave himself as an honest and true Bayliff ought to do, that then, &c. or else, &c.

A Condition of a Deputy Rent-Gatherer to give Accompt for the Receipt of Rents.

THe Condition, &c. That whereas the within-bound A. B. hath retained, (to and with the within-named R. C.) Renter of the Mannor of Finsbury, for the collecting of all the Rents, coming or growing out of the Mannor of Finsbury, in the County of Middlesex, and of Lands, Rents and Tenements, belonging to the Major, Aldermen, Commonalty and Citizens of the City of London, Farmers of the said Mannors, Lands, Rents and Tene­ments, for term of years yet to come, if therefore the said A. B. do well and truly behave himself in the said room or office of Ren­tership, for the Collection of the said Rents and Profits of the said Mannors, Rents, Lands, &c. and well and truly from time to time collect the said Rents, and every part thereof to the hands of the Chamberlain of the City of London for the time being, to the use and behoof of the said Major, Aldermen, Commonalty and Citizens of the City of London, and make yearly the Accompt of the said Rents, and of every part thereof in the name of the said R. C. if he then be living, of Record in the Chamber of the said City to the Office of the same, to whom it doth or may appertain, to take and engross the same Accompt; and also if the said A. B. during the life of the said R. D. do no act or acts, thing or things, directly or indirectly, to the prejudice and hindrance of the right of the said R. O. in and to that Office, called the Rentership of Finsbury, and further do from time to time, clearly acquit, dis­charge or save and keep harmless the said R. C. his Executors, Ad­ministrators and Assigns, and every of them, against the Major, Aldermen, Commonalty and Citizens of the City of London, and against all and every person and persons, to whom it may or shall of right in that behalf belong, that then, &c. or else, &c.

A Condition to make true Accompt of one Bayliffship.

THe Condition, &c. That whereas Sir H. H. Knight and Ba­ronet, chief Justice of the Common-Pleas; Sir J. D. Knight, Chancellour of the Dutchy of Lancaster; T. N. Esquire, Surveyor-General, do stand and are possessed amongst other things, of the Mannor of, &c. for divers yet to come, upon trust and confidence [Page 306]and to and for the only use of C. P. have by the commandment and warrant of the said C. P. by Deed under his Hand and Seal, constituted and appointed the within-bound H. L. to be Bayliff of the Mannor of Westham aforesaid, and Collector of the Rents and Revenues, perquisits and Profits there, during the pleasure of the said C. P. If therefore the said H. L. by himself, for his suffi­cient Deputy or Deputies, his or their Executors or Assigns, do and shall from time to time, for and during their continuance and exercise of and in the said place or office demean himself and them­selves therein, without voluntary concealment, deceit or fraud to­wards the said C. P. and do and shall yearly during such his and their continuance and exercise as aforesaid, at the Audit and Audits to be held and kept for the said C. P. yield and make just and true Accompt to and before the said Auditors, for the time being of the said Mannor and Premises, and thereupon make payment and sa­tisfaction to the said C. P. his Officer or Officers, in that behalf to be authorized and appointed, to and for the said C. P. his use, at or before every such Audit or Audits, of and for all and every such Rents, Sum and Sums of Money, and other Issues, Revenues, Goods, Chattels, Perquisits and Profits, as then shall come to the hands of the said H. L. or his Deputy or Deputies, or as he or they then ought rightly to be charged withall to the said C. P. his use, for or by means or in respect of the said Office or Place, that then, &c. or else, &c.

A Condition for payment of a sum of Money within three dayes after re­quest, if the Obligee may not enjoy a Messuage.

THe Condition, &c. That whereas the within-bound C. D. by a Deed bearing date within-written, for the consideration therein, hath assigned and set over unto the within-named A. B. one Indenture of Lease, bearing date, &c. made and granted to him the said A. B. by one, &c. of a Messuage or Tenement, with the appurtenances, lying and being, &c. now in the tenure of, &c. for the term of, &c. and all his Estate, Right, Title, Interest and Term of years to come, in and to the same Messuage or Tenement, and other the premises by the said Lease demised, as by the said Poll. Deed or Writing more at large appeareth; if therefore the said A. B. his, &c. paying the said Rent, and performing the said Covenant and Duties in the said Lease contained on the Tenants part, from and after the, &c. to be paid and performed, shall not [Page 307]or may not peaceably and quietly have, hold and enjoy the said Messuage or Tenement, with the appurtenances for and during all the residue of the said term, without any let, trouble, interruption, of or by the said, &c. then if the said C. D. his Executors, &c. do within one Moneth next after notice thereof to him or them to be given by him the said A. B. his, &c. well and truly repay, or cause, &c. to the said, &c. his Executors or Assigns, the sum of, &c. of, &c. the said A. B. them also re-delivering and re-assuring unto the said C. D. his Executors, &c. the said Indenture of Lease, safe and uncancelled, and all his Estate, Interest and Term of years in and to the same, and the premises thereby demised, clearly dis­charged of all Forfeitures, Re-entries and Incumbrances whatso­ever then to be had, made, committed or permitted by the said A. B. his, &c. together with the Poll-deed aforesaid, that then, &c. or else, &c.

A Condition to bring an Inventory into the Prerogative Court by a day.

THe Condition, &c. That if M. H. Wife of J. H. while he lived, of the Parish of, &c. do make or cause to be made a true and perfect Inventory of all and singular the Goods, Chattels, and Debts of the said J. H. and the same so made, to exhibit or cause to be exhibited into the Prerogative Court of Canterbury, the, &c. and the said Goods, Chattels and Debts do well and truly administer, (viz.) do pay the Debts of the said deceased, which he did owe at the time of his decease, as far as the said Goods, Debts and Chattels will thereunto extend, as the said Law will charge her; and further do make or cause to be made a true and perfect account of and upon the said administration, the second day next after the Feast of, &c. and such part and portion of the said Goods, Chattels and Debts, which shall be found remaining upon her said account, examined and adjudged by the said Prero­gative Court of Canterbury for the time being, shall distribute and dispose, as by the same Judge shall be limitted and appointed; and if hereafter there shall appear any lawful Testament or last Will made by the said deceased, and the Executor or Executors therein named do exhibit the same, making request to have the same ap­proved of accordingly, then if the said Administratrix, after lawful request to her made, do render and deliver into the said Court the said Letter of administration to her committed without delay; and [Page 308]lastly, do at all and every time and times hereafter, clearly acquit, discharge or save harmless the within-named, &c. and all other the Officers of the said Prerogative Court of Canterbury, against all per­sons having or pretending to have any estate, right, title or interest to the said goods, chattels and debts, that then, &c. or else, &c.

A Condition never to vex or trouble one hereafter for any former matter.

THe Condition, &c. That if the within-bound A.B. his Heirs, Executors or Administrators, or any other person or persons for him or them, or in his or their name or names, or by his or the [...]r title or procurement, or means, do at any time or times hereafter claim, challenge, demand, vex, sue, molest or trouble the within-named C. D. his Heirs, Executors, Administrators or Assigns, or any of them, for any of the goods, money, plate or debts, which late were belonging to E.F. of, &c. deceased, or for any other mat­ter, reckoning, cause or accompt, thing or things whatsoever, had, moved, stirred, depending or being between the said A.B. and C.D. before the date within-written, that then, &c. or else, &c.

A Condition for the assurance of Mortgaged Lands, after default of Redemption.

THe Condition &c. That whereas the within-bound A.B. and C. his Wife, by their Deed indented, beating date the within­written, have given, granted, bargained and sold unto the within-named D. E. his Heirs and Assigns for ever, all that Messuage or Tenement, with the appurtenances thereto belonging, or in any wise appertaining, upon condition, That if the said A.B. his Heirs, Executors, Administrators or Assigns, or any of them, do well and truly pay or cause to be paid unto the said D. E. his Executors, Ad­ministrators or Assigns, the sum of, &c. that then the aforesaid gift, grant, bargain and sale of the premisses, and all conveyances and assurances thereupon had and made, should be utterly void, fru­strate and of none effect, as by the said deed indented amongst other things therein contained, more plainly at large appeareth: If there­fore the said A B. his Heirs, Executors, Administrators and Assigns, shall make default of or in the payment of the said sum of, &c. on the said, &c. then if the said A.B. and C. his Wife, and their Heirs, [Page 309]and all and every other person and persons, and their Heirs, having or lawfully claiming to have any lawful right, title or interest, of, in or to the said Messuage or Tenement, or other the premisses with the appurtenances, or of, in or to any part or parcel thereof, shall from time to time, and at all times after such default of payment of the said sum of, &c. in form aforesaid had and made, upon the rea­sonable requests, and at the onely costs and charges in the Law of the said D. E. his Heirs and Assigns, further do, cause, make, know­ledge and suffer, or cause to be done, made, knowledged and suf­fered, all and every such further lawful and reasonable act and acts, thing and things, device and devices in the Law, be it by fine or fines, deed or deeds, &c. or by all, any, or as many of the said ways or means, as the said D. E. his Heirs and Assigns, or his or their Councel learned in the Law shall be reasonably advised or devised, for the further assurance, sure-making and conveying of the pre­misses, and of every part and parcel thereof, to be had and made sure unto the said D. E. his Heirs and Assigns for ever, absolutely, without any manner of condition or mortgage, that then, &c. or else, &c.

A Condition to acknowledge a Statute by a day.

THe Condition, &c. That if the within-bound A.B. and one R. L. of, &c. do upon or before, &c. seal and subscribe one Re­cognizance or Writing obligatory, to be made according to the form of the Statute lately made and provided for recovery of debts, wherein and whereby the said A. B. and R. L. shall stand bound to the within-named T. W. in the sum of, &c. payable at some Feast soon after the date of the same Writing, and the same so sealed and subscribed, do upon or before, &c. in lawful and due manner acknowledge before one of the two Chief Justices appoin­ted for the acknowledging of such Writings by the Statute; or in their absence, out of the Term before the Major of the Staple at Westminster, and the Recorder of the City of London for the time being, and the same so acknowledged and sealed, to deliver or cause to be delivered to the said T.W. at his now dwelling house, scituate, &c. upon or before the, &c. safe, whole and uncancelled, to the end that a pair of Defeazances may be thereupon made, that then, &c. or else, &c.

A Condition to meddle with the Executorship upon assignment thereof.

THe Condition, &c. That whereas the within-bound T. T. hath assigned and committed all his right of Executorship of the Testament and Will of Sir J. late deceased, unto the within-named R. B. and hath fully for his part authorized, licensed and assigned the said R. only to do all and every thing and things, by himself and his Assigns, concerning the execution of the said last Will and Testament. Therefore if the said T. T. shall not inter­meddle with the administration of any part of the Goods and Chattels, Money, Debts or Plate of the said Testator, without con­sent of the said R. his Heirs or Executors, but shall at all times hereafter, and from time to time permit and suffer the said R. B. his Executors and Assigns, to administer all such Goods, Chattels, Money, plate and debts, as at the day of the making hereof be in the custody of the said R. B. to be administred, or in the hands or possession of any other person or persons, except such Goods, Chattels, Money and Plate, now in the possession and custody of the said T. T. of the said Testators, which is, or are to be admini­stred as shall be thought good by the said R. B. And further, if the said T. T. his Heirs or Executors, do not discharge any debts of the said Testators, without the consent of the said R. B. his Executors or Administrators, nor any Action which the said R. B. or his Exe­cutors shall justly attempt and bring against any person or persons, to or for the recovery of any of the Debts, Goods and Chattels of the said Testator, that then, &c. or else, &c.

A Condition not to do any act as Executors, without consent of his Co-Executor.

THe Condition, &c. That whereas one C. B. late of N. de­ceased, by her Testament and last Will, named, ordained and constituted the within-bound M. B. and the within-named N. J. to be Executors of the same her Testament and last Will, as by the same last Will and Testament among other things appeareth; if therefore the said M. B. shall not at any time hereafter make, or cause to be made any release, acquittance or other discharge, to any person or persons, for or concerning any of the debts, goods or chat­tels, which were the said C. B. the day of her decease, nor shall do [Page 311]or suffer, or cause to be done or suffered, any other act or acts, thing or things, in or about the Execution of the said Testament and last Will of the said C. without the consent, assent and agreement of the said N. I. that then, &c.

A Condition to procure one to seal an acquittance by a day, and to save harmless.

THe Condition, &c. That whereas the within-named A. B. hath the day of the date within-written, paid and delivered to the within-bound C. D. for and to the use of L. O. now Resident in France, in the parts beyond the Seas, the sum of, &c. if therefore the said C. D. his Executors or Administrators, shall and do before the, &c. cause and procure the said J. O. to seal and deliver as his Deed to the use of the said A. B. his Executors and Administrators, in the presence of two or three sufficient and credible witnesses, a sufficient and lawful acquittance, testifying the receipt of the said sum of, &c. and also if the said C. D. his Executors, Administra­tors or Assigns, do deliver, or cause to be delivered to the said A. B. his Executors or Administrators, at or in the, &c. the same ac­quittance sealed and delivered as aforesaid, and certified under the hands of the same witnesses, whole, uncancelled and undesaced, at or before, &c. and also do in the mean time save and keep harmless the said A. B. his Heirs, Executors and Administrators, and every of them, and all and every of his and their Lands, Tenements, Goods and Chattels, and every part thereof, against the said L. O. his Executors, Administrators and Assigns, and every of them, of and for the same sum of, &c. and every part thereof, and of and from all Actions, Suits, Costs, Charges, Damages and Demands, for or concerning the same, and every or any part thereof, that then, &c. or else, &c.

A Condition to acknowledge satisfaction of a Judgment.

THe Condition, &c. That whereas the within-bound A. B. in M. term now last past, hath obtained against the within-named L. O. in the Court commonly called, &c. a Judgment in an action of debt, as by the Records in the said Court remaining, &c. if there­fore the said A. B. do in Easter Term now next ensuing, at the costs and charges of the said L. O. cause satisfaction to be acknowledged [Page 312]and entred upon Record in full discharge of the same Judgement, that then, &c. or else, &c.

A Condition to procure two to seal Releases for Legacies, and to save harmless.

THe Condition, &c. That whereas R. B. late Citizen and Haberdasher of London, and Brother to the above bound W. B. in and by his last Will and Testament, did give and bequeath unto W. B. and F. B. Sons of the aforesaid W. B. their Father 40 l. a piece Legacies to be paid, as in and by the said last Will and Te­stament of the said R. more at large appeareth. And whereas also the above-named M. H. the now husband of R. the late Widow and Executrix of the said R. B. before the ensealing hereof, at the earnest request and desire of the said W. B. the Father, hath paid unto the said W. to and for the use and behoof of the said W. and F. his Sons, the said Legacies of 40 l. a piece in lawful English Money, the receipt whereof the said W. B. the Father, doth here­by acknowledg and confess: If therefore the said W.B. the Father, or above-bound T. D. and W.F. or any of them, their or any of their Executors, Administrators or Assigns, within twenty eight dayes next after that the said W. and F. B. Sons of the said W.B. the Father, shall severally attain their several ages of 21 years, shall give and deliver unto M. H. his Executors, Administrators or Assigns, good, lawful and sufficient Releases or Acquittances, under the hands and seals of the said W. and F. the Sons of the said W. of and for the said Legacies of 40 l. or else do in the mean time, and also at all times afterwards acquit and discharge, or else save and keep harmless and indempnified the said M. H. his Executors and Administrators, from and against the said W. and F. B. the Sons, of and for the said Legacies, and also of and from all actions, sutes, troubles, costs, charges and damages that shall be commenced, pro­secuted or any way happen to or against the said M. H. his Execu­tors, Administrators or Assigns, for or concerning the said Lega­cies by the said W. and F. or either of them, or any other person, for, by or under them, or either of them, that then, &c. or else, &c,

A Condition that a Woman shall release her Dower.

THe Condition, &c. That if L.O. of W. Widow, late Wife of T.O. of, &c. do before the, &c. by her writing under her hand and seal, remit, release and quit-claim unto the within-named R.O. such estate, right, title, interest, claim and demand whatsoever, which she the said L.O. hath, may, might, should, or of right ought to have, in, or to all, or any part of the Lands, Tenements and He­reditaments which were the inheritance of the said T. O. her Hus­band deceased, or any part thereof, for or by reason of her Dower, or of any Joynture heretofore made, or by reason of any other right, title or means whatsoever, at any time before the date hereof, come, grown or accrued: And also if the said within bound A. B. his executors, administrators or assigns, do before the, &c. leave and deliver, or cause to be left and delivered to and for the said R. O. at, &c. the said Writing or Release sealed and delivered as afore­said, being certified under the hands of two or three sufficient wit­nesses, safe, whole, uncancelled and undefaced, that then, &c. or else, &c.

A Condition to suffer a mans Wife to make her Will.

THe Condition, &c. That whereas the within-bound A. B. shall shortly by Gods Grace, marry and take to Wife C. D. late the Wife of E. F. deceased, and by reason and means of the said Marriage, he the said A. B. shall be greatly preferred and advanced in substance and riches, in consideration whereof, if so be that the said A.B. after Marriage had and solemnized between him and the said C. D. do quietly permit and suffer the said C.D. (if she fortune to decease before the said A. B.) to declare and make her Will in writing, or otherwise by word of mouth, and in the same to give, will and bequeath, or otherwise to assign and dispose of, at her free will and pleasure, to and amongst her kindred, friends and acquaintance, or to any of them, or to any other person or persons, as to her shall be thought meet and convenient, the sum of, &c. of, &c. And further, If the said A. B. his Execu­tors, Administrators or Assigns, or any of them, upon reasonable [Page 314]request to him, them, or any of them to be made, by any such per­son or persons, to whom the said C. D. shall so give and bequeath any such sum or sums of Money, extending no further than to the said sum or value of, &c. as is aforesaid, do well and truly pay, or cause to be paid, all and every the said several sum and sums of Money, Gifts and Requests, so to be given and bequeathed by the said C. D. and in such manner as shall be by her appointed, that then, &c. or else, &c.

A Condition to Marry one by a day, or else to pay a sum of Money.

THe Condition, &c. That if the within-bound A. B. do on or before the, &c. of, &c. lawfully espouse, marry and take to Wife one E. K. the daughter of, &c. if she the said E. will there­unto assent and agree, and the Ecclesiastical Laws permit and suffer the same: But in case it shall happen the said E. K. and A. B. and either of them, to die or decease before such Marriage had and so­Iemnized, as aforesaid, then if the said A. B. his Executors, Admi­nistrators and Assigns, do well and truly pay, &c. to the said E. K. her Executors or Assigns, the sum of, &c. on, &c. at, &c. that then &c. or else, &c.

A Condition to be a true Prisoner.

THe Condition, &c. That if J. H. Merchant of St. Lucus, which now is in the prison of the Kingdom of England, un­der keeping of the Sheriff within-written, as well by reason of writ of, &c. of the Statute of the Staple, containing the sum of, &c. as also for other certain Actions, Causes and Suits on the behalf of R. S. &c. moved and commenced, be from henceforth a true and faithful Prisoner, tarrying and remaining with the said Sheriff and his Deputies, till the same J. H. be fully discharged and acquitted of the said Actions, and then content and pay to the said Sheriff, &c. all and singular costs, charges, fees, and other duties, in such cases heretofore accustomed to be paid, that then, &c. or else, &c.

A Condition to save harmless for being bound for the appearance of a man.

THe Condition, &c. That whereas the within-named O. P. at the special instance, request and desire of the within-bound Sir E. G. by one Obligation bearing the date within-written, stand­eth bound joyntly and severally with the said Sir E. G. and the within-bound A. M. unto R. H. and H. H. Sheriffs of the City of London, in the sum of, &c. of, &c. with a Condition there-under­written, for the appearance of the said Sir E. G. before the Justices of the Court of Common-Pleas at Westminster, on, &c. next, &c. to answer to C. G. of a Plea of Trespass, as by the same Obliga­tion and Condition thereof more at large appeareth. If therefore the said Sir E. G. do according to the tenor and true meaning of the Obligation, and condition above-recited, appear before the said Justices of the said Court, &c. on the day in and by the con­dition of the said Obligation limited and appointed for his appear­ance, to answer unto the said C. G. of a Plea of Trespass. And also if the said Sir E. G. his Executors and Administrators, and every of them, do from time to time, and at all times hereafter freely and clearly acquit, discharge, or save and keep harmless the said G. P. his Heirs, &c. and his and their Goods, and every of them, against the said Sheriff of the City of London, and against all other persons whatsoever, of and for the said Obligation and Condition above-recited, and penalty of the said Obligation con­tained, and every part and parcel thereof, and of and from all Actions, Suits, Judgments, Executions, Condemnations, Damages and Demands, touching or concerning the same, that then, &c. or else, &c.

A Condition wherein the Factor is truly bound to serve the Merchant, and no other.

THe Condition, &c. That if the within-bound J. O. do from the day of the date within-written, unto the end and term of four years from thence next ensuing, and fully to be compleat and ended, well, truly and faithfully serve the within-named L. S. and his Assigns, in the Trade and Traffick of Merchandizes, as well in this Realm of England, as in any other parts beyond the Seas; and also if the said J. O. at all times hereafter, and from [Page 316]time to time, during the said term of Four years, upon the reason­able request of the said L. S. his executors, administrators or assigns to be made to the said I. O. do make, yield and deliver unto the said L. S. and his assigns, as from any other person or persons, by his or their assigns, notes and rest of all such Sum and Sums of Mo­ney, as shall appear upon the foot of every such accompt or reckon­ing, as shall be so yielded, made and delivered by the said I. O. to the said L. S. his executors, administrators or assigns, in form afore­said; And further, if the said I. O. at any time hereafter, during the said term of Four years, as the said I. O. shall be Factor, Doer or Agent to the said L. S. and his assigns, by any manner of wayes or means, do not traffique or merchandize, or the affairs or businesse of any manner of person or persons whatsoever, other than the said L. S. and his assigns, without the special licence, consent, will, know­ledge and agreement of the said L. S. his executors, administrators or assigns, thereunto first had and obtained in writing, under his and their hand and seal, that then, &c. or else, &c.

A Condition to pay use for Orphanage or Legacy-money, belonging to Orphans.

THe Condition, &c. whereas the within-bound A. B. and C. D. on the day of the date within written, have in their hands, possession and custody, the sum of, &c. of, &c. being Orphanage or Legacy-money, appertaining unto E. F. and G. H. Children and Orphans of I. K. late Citizen and Grocer of London deceased, for the sure payment whereof at such time or times, as the said Or­phans shall be severally capable of their several portions, according to the custom of the City of London, or according to the dayes and times limited in the Testament and last Will of the said I. K. Fa­ther of the said E. F. and G. H. the said A. B. and C. D. with other Sureties stand obliged and bounden by Recognizance, taken and acknowledged in the Orphans Court of the City of London, to the Chamberlain of the said City for the time being, in certain compe­tent penalty of certain penalties, according to the custome of the said City: And whereas the charge, education, keeping and bring­ing up of the said Orphans, is committed unto the said I. K. and S. his wife, Mother of the said Orphans, if therefore the said A. B. and C. D. or either of them, or the executors, administrators or assigns of them, or either of them, do every year yearly, during so long time as the said Sum of &c. or any part thereof shall continue and [Page 317]be in the use and occupation of them the said A. and C. or either of them, or of the executors, administrators or assigns of them, or any of them, do well and truly pay, or cause to be paid to the said I. K. his executors or assigns, for and towards the charge and edu­cation of the said Orphans, or of such of them as shall longest con­tinue, and be in his or their Orphanage or Minority, for the use, loan, or occupation of the sum of, &c. or of such part thereof, as shall longest continue and be in the use, possession or occupation of them the said A. B. and C. D. or either of them, or the executors or assigns of them, or any of them, after the rate and allowance of 6 l. 13 s. 4 d. of, &c, for every hundred, and so after that rate for a lesser sum, as the cause shall require, the same allowance to be paid quar­terly, at the Feasts of, &c. yearly by equal portions, at or in the, &c. that then, &c. or else, &c.

A Condition for the executing of a Goalership.

THe Condition, That if the within-bound I. W. his executors or assigns, do well and truly execute and use the Office of Goa­lership, in the County of E. and also do well, surely and safely keep all and every such person and persons, now being in the prison of the Kingdom of England, in the same County of E. or that here­after shall be committed to the said Goal, or to the said I. W. and further, That if the said I. W. his executors or assigns, at his or their proper costs, do safely carry, bring and re-carry all persons in the said Goal now being, or that at any time hereafter shall be Priso­ners there, to any such place or places as the said Sheriff, or his as­signs shall appoint or name within the said County of E. and fur­thermore be truly and diligently attending, aiding and assisting the said Sheriff, and his Under-Sheriff and Deputies, at all and every time and times, when any execution shall be done within the said County, to and upon any person or persons, attainted, or to be at­tainted for Treason, Felony, Murther, or Heresie, or otherwise, or for any other cause, unto the end of the execution. And further, if the said I. W. his executors and assigns, do discharge and save harm­less the said Sheriff, his heirs, executors, administrators and assigns, against the Kingdom of England, and against all and every other person and persons, and from all manner of escapes, damages and losses, fines, issnes and amerciaments, which by the negligence or otherwise of the said I. W. his executors or assigns, that the said Sheriff shall or may in any wise be charged or incumbred, or ought [Page 318]to be charged by the Law, by reason of the office of the She­riffwick of the said County, from time to time, and do content and pay to the said Sheriff, his Heirs, Executors or Assigns, all such Sum and Sums of Money, as the said Sheriff, his Heirs, Executors or Assigns ought to pay to the Kingdom, or to any other person or persons, to be due to the said Sheriff, by reason of the said Office of Goalership, that then, &c. or else, &c.

A Condition for the re-assurance of Lands.

THe Condition, &c. That if the within-bound A. B. his Heirs, Executors, Administrators and Assigns, and every of them, do from time to time, and at all times hereafter, upon the reasonable request, at the costs and charges in the Law of the within-named C. D. make, knowledge and suffer unto the said C. D. his Heirs or Assigns, or unto such other person or persons, as he or they shall name or appoint, all and every such lawful and reasonable act and acts, thing and things, device and devices in the Law, as by the said C. D. his heirs or assigns, or by his or their Councel learned in the Law, shall be reasonably advised or devised, for the assurance and conveying unto him the said C. D. his Heirs and Assigns for ever, absolutely without any manner of condition or mortgage, all such Tenements, Lands, Meadows, Leases, Pastures, and Heredita­ments whatsoever, with all and singular their appurtenances, situate, lying and being in, &c. all which, &c. now are, or late were in the tenure or occupation of, &c. or his assigns, and sometime were in the tenure of, &c. or his assigns, which said Lands, Tenements, Meadows, Leases, Pastures and Hereditaments, were lately con­veyed, bargained and sold unto the said A. B. and his Heirs, by W. M. of, &c. as by an Indenture thereof made between the said W. M. on the one part, and the said A. B. on the other part, bearing date the, &c. last past, before the day within-written, more plainly at large it may appear. And also if the said Lands, Tenements, Meadows, Leases, Pastures, and Hereditaments, and all and singu­lar other the premisses, with the appurtenances, now be, and at all times hereafter shall be free and clearly discharged, or otherwise sufficiently saved and kept harmless by the said A. B. his Heirs, Exe­cutors and Administrators, of and from all and every bargain, sales, leases, titles, troubles and incumbrances whatsoever, had, made or done, or hereafter to be had, made or done by the said A. B. his Heirs or Assigns, that then, &c. or else, &c.

A Letter of Atturney contained in the latter end of an Indenture.

ANd furthermore the said G. C. and T. N. have made, ordained, nominated and appointed, and by these presents do make, or­dain, nominate and appoint R.B. Esq and T.W. Gent. their true, sufficient and lawful Attorneys, joyntly and severally for them, and in their names and stead, into and upon all and singular those the said two parts, &c. and other the premisses, or into any part there­of, in the name of the whole to enter, and peaceable and quiet pos­session and seizin thereof, for them and in their names to take, and after such possession and seizin thereof had or taken as aforesaid, for them and in their names, stead and places, peaceable and quiet possession, livery and seizin of all and singular the said premisses, or any part thereof, in the name of the whole, to deliver unto the said H. B. his Heirs or Assigns, or his or their certain Attorney in that behalf, ratifying, allowing and confirming all and whatsoever their said Attorney, or either of them, shall do or cause to be done in or about the premisses by these presents. In witness, &c.

A Release of a Proviso.

KNow all men by these presents, That I B. C. of &c. for di­vers good causes and considerations me hereunto moving, have remised, released and quit-claimed, and by these presents for me, my executors, administrators or assigns, do remise, release, and for ever quit-claim unto L. M. of, &c. his Heirs, Executors or Assigns, as well one proviso or condition, and all and every the Sum and Sums of Money, specified in the same proviso or condi­tion, contained and comprized in one pair of Indentures of bar­gain and sale, bearing date the, &c. in the, &c. made between me the said B.C. of the one party, and the said M. L. of the other par­ty, as also all and all manner of actions and suits, cause and cau­ses of actions and sutes, for or concerning the said proviso, In witness, &c.

A Release of a Covenant mentioned in an Indenture of Lease.

TO all, &c. A. B. of &c. sendeth greeting. Whereas in and by one Indenture of Lease, bearing date, &c. made between E.B. of the one party, and the said A. B. of the other party, there is con­tained a Covenant in these words following, viz. (reciting the Co­venant vetbatim, as therein contained) whereunto relation being had, it doth and may more at large appear: Now know ye, That I the said A. B. for divers good causes and considerations me here­unto especially moving, have remised, released, and quit claimed, and by these presents for me, my Executors and Administrators, do fully and clearly remise, release and quit-claim unto the said E. B. his Executors and Assigns, the said Covenant, Grant, Clause, Agree­ment and Article, before rehearsed and mentioned, and all and eve­ry other matter, thing and things specified, declared and contain­ed in the same Covenant, Clause and Agreement, and all the be­nefit, profit, advantage and commodity, that by any manner of means may or might arise, grow, come or happen to me the said A. B. for or by reason, or touching or concerning the same Cove­nant, Clause, Article or Agreement, or any word, sentence, mat­ter, thing or things therein contained; so that the said E. B. his Executors and Assigns, and every of them, from henceforth for ever, shall be clearly and fully acquitted, released and discharged against me the said E. B. my Executor and Administrators, and every of us, of, from, and for the said Covenant, Grant, Clause, Article and Agreement before rehearsed, and of and for every thing and things touching or concerning the same, and that this present release shall not in any wise extend to any other covenant, clause or article before rehearsed, for and during the said term, &c. In witness, &c.

A Bargain and Sale of Woods.

THis Indenture, &c. between, &c. witnesseth, That the said J. M. for the Considerations hereafter in these presents ex­pressed, hath bargained and sold, and by these presents doth bar­gain and sell unto the said F. M. all those Woods, Under-woods and Trees whatsoever, standing, growing, lying or being in and upon all that wood and wood-ground, called or known by the name of, &c. in the County of, &c. parcel of the Mannor of, &c. [Page 321]in the same County (except, and always reserved) out of this present Bargain and Sale, unto the said I. M. his heirs and assigns, 50 Trees of Oak to be taken and marked by the said I. M. or his assigns, in such manner as hereafter in these presents is expressed, viz. It is agreed between the said parties to these presents, and either of them severally for himself, his executors and administrators, cov [...]nanteth and granteth to and with the other of them, his executors and ad­ministrators, That the said F. M. shall or may first choose ten Oaks, and after the said I.M. to choose ten other, so either of them one after another ten Oaks, until the said I.M. or his assigns, have made choice of the said number of 50 Trees before excepted, in conside­ration of which said bargain and sale, the said M.F. doth coverant, &c. to and with the said, &c. That he the said F. M. his, &c. shall well and truly pay, &c. unto the said I. M. his, &c. the sum of &c. on the, &c. at, &c. And further, the said I. M. doth covenant, &c. to and with, &c. That it shall and may be lawful to and for the said I M. his executors and assigns, at all seasonable times of the year, after choice made by the said I. M. or his assigns, to the said 50 Trees to him excepted, as aforesaid, during the space of, &c. next en­suing the date hereof, to fell, cut down and carry away, the said Woods, Under-woods and Trees before by these presents bargain­ed and sold, and every of them, except before excepted, and [...] wise the said F.M. doth covenant, &c to and with, &c. that he the said F. M. his executors or assigns, shall and will at every felling, of which he or they shall make of the said Woods, Underwoods or, Trees, leave standing or growing, so many staddles and stories, as by the Laws and Statutes in that case provided, are or ought to be left, for and in recompence of which staddles and sto [...]es so to be left, the said I.M. for him, his executors and administrators, doth covenant, promise, grant and agree to pay, or cause to be paid upon reasonable request unto the said F. M. his executors or assigns, so much money, as by two persons, whereof the one to be chosen by the said I. M. the other by the said F. M. shall be thought reason­able, and by them limited and appointed. And furthermore the said I.M. doth covenant, &c. to and with, &c. that if the said F. M. his, &c. do pay, &c. unto the said I. M. his, &c. the said sum of, &c. at the dayes, time and place before limited for the payment thereof, and in such manner and form, as aforesaid, that then one Recogni­zance, in the manner of a Statute-staple, bearing date, &c. taken and knowledged, &c. wherein the said F. M. standeth bound to the said I.M. in the sum of, &c. shall be utterly void, and of none effect. In witness, &c.

An Assignment of an Extent upon a Statute.

THis Indenture made the, &c. between T.O. of, &c. of the one party, and Sir L.L. of, &c. and L.B. of, &c. of the other party, witnesseth, That whereas T.R. of, &c. R.R. of, &c. and R.B. of, &c. by their Recognizance in the nature of a Statute Staple, bear­ing date the, &c. taken and acknowledged before, &c. did acknow­ledge themselves to owe to the said T. O. the sum of, &c. payable, as in and by the said Statute or Recognizance more at large ap­peareth. And whereas also certain Writs of Extent, bearing date the, &c. in the, &c. were awarded out of the Court of Chancery, being directed to the then Sheriff of the County of York, by vertue of which Writ so directed into the County of York, the same then Sheriff did extend all that the Mannor or Capital Messuage, &c. in the, &c. and divers Lands, Tenements, &c. as in and by an Inqui­sition thereof, had and taken by the said Sheriff, at R. in the County of York aforesaid, bearing the, &c. then last past, annexed to the said Writ of Extent, and remaining of Record in the High Court of Chancery, more at large it doth and may appear: And whereas also afterward Sir M.W. Knight, then Sheriff of the said County of York, by vertue of a Writ of Liberate, likewise directed to the said Sheriff, hath delivered possession and seizin of the said Mannor or Capital Messuage, and of and in divers Lands, Tenements, Meadows, Feedings and Pastures, with their appurtenances in M. aforesaid, in the said County of York, &c. unto the said T. O. to have and to hold the said recited premisses in the said Writ men­tioned, unto him the said T. O. and his Assigns, as his Free-hold, untill the said debt of, &c. with costs, charges and damages, should be of the said Mannor, Lands and Tenements so extended and delivered should be paid, as in and by the said Writ of Liberate re­maining of Record in the High Court of Chancery, more at large appeareth. Now this Indenture further witnesseth, That the said T. O. for and in consideration of a competent summe of good and lawful money of England, to him in hand, at and before the enseal­ing and delivery of these presents by the said Sir R. L. and L. B. well and truly contented and paid, whereof and wherewith he ac­knowledgeth himself fully satisfied and paid, and thereof, and of every part and parcel thereof, doth clearly quit, exonerate and dis­charge the said Sir R. L. and L. B. their Heirs, Executors, Admini­strators, and every of them for ever, by these presents hath given, [Page 323]granted, bargained, sold, assigned and set over, and by these presents doth fully, clearly and absolutely give, grant, bargain, sell, assign & set over unto the said Sir R.L. and L.B. their executors, administrators and assigns, all the estate, right, title, interest, property, claim and de­mand whatsoever, which he the said T.O. now hath or had, or may, might or ought to have, of, in or to the said Mannor or Capital Mes­suage, Lands, Tenements, Hereditaments and Premisses in M. afore­said, and of, in and to the moiety, &c. and of, in and to every part & parcel thereof, with the appurtenances, by force and vertue of the said extent, inquisition and Liberate aforesaid, and every or any of them, or in them, or any of them contained, to have and to hold, oc­cupy, possess, receive, take and enjoy the said Mannor of M. the said moiety of, &c. and all and singular other the premisses before men­tioned, with their appurtenances, together with all rents, issues, pro­fits, commodities and advantages thereof whatsoever, unto the said Sir R.L. and L.B. their Heirs and Assigns, to the only proper use and behoof of them the said Sir R.L. and L. B. their Heirs and Assigns for ever, for and during the term and continuance of the said Extent, untill the said sum of, &c. with the costs, damages and charges be out of the said Mannor, and other the premisses extend­ed, as aforesaid, fully satisfied, contented and paid, as is aforesaid. In witness, &c.

A Condition for finding Apparel for an Apprentice by his Friends.

THe Condition, That whereas J. R. Son of the within-bound E. R. by his Indenture of Apprentiship, bearing date, &c. last past, before the date within-written, hath put himself Apprentice to the within-named H. S. to the Art which he now useth, and with him to serve and dwell after the manner of an Apprentice, from the day of the date of the same Indenture, for and during the term of eight years from thence next ensuing, and fully to be compleat and ended, as by the same Indenture may appear: And whereas it is intended and agreed upon by and between the said E. R. and H. S. that he the said E. R. his Executors or Administrators, or some of them, shall from time to time, and at all times, during the said term of eight years, find and provide to and for the said J. K. good, suf­ficient and necessary Rayment and Apparel, as Doublet, Hose, Shooes, Stockings, Shirts, Bands, Cloak, Hat, and all things need­ful and convenient for such an Apprentice: If therefore the said E. R. his Executors, Administrators or Assigns, do and shall yearly, and every year, at or before the Feast of Easter, during all the said term of, &c. find and provide to and for the said J. R. such suffi­cient [Page 324]Rayment and Apparel, as aforesaid, and at all other time and times needful, during all the said term, or otherwise in default there­of, well and truly pay, or cause to be paid unto the said H. S. his executors, administrators and assigns, at or in, &c. the sum of 3 l. 6 sh. 8 d. of, &c. for and towards the said Apparel, on or before the said Feast-day of the Ascension of our Saviour, in every year year­ly, during the said term, without fraud or coven, that then this, &c.

A Condition for Money (given by Will) to be lent gratis.

THe Condition, &c. That whereas A.B. &c. by his last Will and Testament bearing date, &c. did give and bequeath unto the Parson and Church-wardens of the Parish of, &c. the sum of, &c. to be lent unto young men of the said Parish, upon sufficient Sureties for two years gratis; and so from two years to two years, to some other young men of the same Parish, by 10 l. a man, with­out paying any consideration for the same, as by the same Will more at large may appear, of which said sum of, &c. the within-bound W.L. the day of the date within-written, hath had and re­ceived 10 l. according to the meaning of the said Will; If therefore the said W. his L. Executors, Administrators or Assigns, or any of them, do well and truly content and pay, or cause to be paid unto the within-named H.I. T.I and R.I. or any of them, their or any of their executors, administrators or assigns, the said sum of, &c. on the, &c. which shall be in the year of our Lord God, 1631. at or in, &c. that then this, &c.

A Condition that one shall not become bound for any person, by Writing, or Promise; without consent.

THe Condition, &c. That if, &c. A.B. shall not at any time or times hereafter, by his writing Obligatory, signed or sealed with his hand, make or feal, or by any other writing or bale, promise or contract whatsoever, or otherwise solely by himself, or joyntly or severally, with any person or persons, become or stand bound as Surety with, to or for any person or persons, in or for payment of any sum or sums of money, to any manner of person for the debt, duty, or any cause whatsoever, of any person or persons whatsoever (above the sum of 40 l. of, &c.) other than for his own only debt, duty or [...]ause, without the special consent, assent and licence of the within- [...]ed C. D. first had and obtained in writing, under his hand and seal, that then, &c.

A Condition to surrender Land, or pay money in lieu thereof.

THe Condition, &c. That if, &c. A.I. and his heirs, or some of them, within the space of, &c. next ensuing the date hereof, up­on reasonable request to him or them made, by the within-named R. H. his heirs or assigns, or any of them, and at his or their costs and charges in the Law, do make and procure, or cause to be made and procured, to the use of the said R. H. and his Heirs for ever, ac­cording to the custom of the Mannor of, &c. sufficient and lawfull surrender and assurance, of and in one Messuage or Tenement cu­stomary, sometimes called the, &c. with all barns, stables, or chards, gardens, and other the appurtenances to the same adjoyning and belonging, situate, &c. discharged or saved harmless from all former surrenders, charges and incumbrances, made, done or committed by him the said A.I. or his Heirs, or by any other person or persons, by whom such Surrender shall be so made, the fine or fines, for or by reason of such surrender or admission upon the same, and the rents and services from henceforth to be due to the Lord or Lords of the said Mannor of whom the premisses are holden, or by parcel (only excepted and foreprized) and if in case the said R H. or his Heirs, within the space of, &c now next ensuing, shall dislike to accept of such Surrender, and shall not make any such request for the same, as is aforesaid, then if in lieu and recompence thereof, the said A. I. his Heirs, Executors, Administrators or Assigns, or any of them, do at the end of the same year now next ensuing, at the furthest within three months then next following, well and truly pay, or cause to be paid unto the said R H. his executors or assigns, at or in, &c. the sum of, &c. of lawful, &c. without fraud or coven, that then, &c.

A Condition, &c. to keep Peace.

THe Condition &c. That if, &c. B. W. at all times hereafter do well and honestly bear and behave himself as well in word as in deed towards the within-named J. R. and all his, as any honest man ought to do, and also if the same B. W. at all times hereafter do keep the, &c. in his own proper person towards the [...] J.R. and all his. And further, If the said B. W. at no time hereafter, do vex, sue, molest or trouble, or cause to be sued, vexed, molested or troubled, the said J. in his body, goods, or otherwise, by any manner of means, for any matter, cause or thing, whatsoever it be, that then, &c.

A Condition to pay Money according to a [...]oviso in a Bill of Sale.

THe Condition, &c. That whereas the within-bound R.H. by his Bill of Sale, bearing date the day of the date within writ­ten, hath bargained, sold and delivered in plain and open market, according to the custom of the City of London, unto the within­named T.C. three gilt bowls, weighing 60 ounces, &c. To have and to hold, with a Proviso contained in the said Bill of Sale, That if the said R. H. his, &c. do pay, &c. unto the said, &c. that then this, &c. as by, &c. And whereas the said T.C. doth esteem and value that the said 3 gilt bowls, &c. nor to be worth the said Sum of, &c. contained in the said Bill of Sale; if therefore the said R. H. his &c. do pay, &c. unto the said T.C. his, &c. the said sum of, &c. on the day, and at the place mentioned in the said Proviso, and thereby redeem the premisses out of the hands and possession of the said T.C. his, &c. that then, &c.

A Condition to do ones endeavour for the recovery of the Debt against the Surety.

THe Condition, &c. That whereas the above-bound J.H. hath obtained several Judgements against M. W. Esq and T. B. Gent. upon one Obligation, wherein the said T. B. and M. W. stand bound unto the said J.H. in the sum of 215 l. with condition for payment of 107 l. 10 sh. as by the Records remaining in the Court of Common-Pleas at Westminster may appear: If therefore the said J. H. his Executors, Administrators and Assigns, do and shall from time to time, and at every time and times hereafter, do and use his and their best means and endeavours, with effect, by Writ or Writs of Execution, or by other writs or means, lawfully to recover and receive of the said M. W. his Heirs, Executors o [...] Administrators, or of his or their lands, tenements, goods, chattels or hereditaments, the said Sum of 215 l. and costs of sute hereto­fore obtained by Judgement, as aforesaid, without releasing the said Sum of money as aforesaid, or any part thereof, except it be by agreement and consent of the said H. B. his Executors, Administra­tors and Assigns, or also do, and shall well and truly pay, or cause to be paid unto the said H. B. his Executors, Administrators o [...] [Page 327]Assigns, the said Sum of, &c. and costs of sute, or so much thereof as shall be received by the said J. H. his Executors, Administrators or Assigns of the said M. W. his Heirs, Executors or Administra­tors, or his or their goods, chattels, lands or tenements, upon or by reason of the said Judgement, and that within two moneths, next after he or they shall have received the same without fraud or co­ven, that then, &c.

A Condition for quiet enjoyment of a Messuage sold.

THe Condition, &c. That if the within-named J.M. his Heirs and Assigns, and every of them shall and may for evermore from henceforth peaceably and quietly have, hold, occupy, possess and enjoy, all that Messuage, Tenement and Lands, scituate, lying and being in, &c. and every part and parcel thereof mentioned to be bargained and sold, by the within-bound R.W. to the said J.M. in and by a certain Indenture of bargain and sale, bearing date the day of the date within-written, made between the within-bound R.W. and A. his wife on the one part, and the above-named J.M. on the other part, clearly discharged, or otherwise sufficiently saved harmless, of and from all and all manner of estates, titles, charges and incumbrances whatsoever, at any time heretofore had, made, committed, permitted, suffered or done by the said W. or by his means or procurement, that then, &c.

A Condition to pay a yearly sum of Money for a Wives Joynture during her life.

THe Condition, &c. That if the above-bound P. P. his Heirs, Executors, Administrators or Assigns, or any of them, do well and truly pay, or cause to be paid unto K. the now wife of the said T. P. for and in the name of her Joynture, yearly, and every year for and during the term of the natural life of the said K. if she shall survive and over-live the said T.P. her Husband, the yearly sum of, &c. at Four most usual Feasts in the year, that is to say, at, &c. by even and equal portions, the first payment thereof to begin and to be made at the Feast of the said Feasts which shall first and next happen after the death of the said T.P. if she the said K. shall be then living, and also if when any of them, the Sureties of the said T.P. shall happen to die or depart this natural life, the said K. li­ving, the survivor of them, within one moneth next after his death, [Page 328]shall procure one sufficient Surety to become bound with the then surviving Obligor in the like sum, and under the same condition, and so from time to time during the life of the said K. upon the sealing and delivery of every which new Bond, the former. Bond to be delivered to the survivor to be cancelled, that then, &c.

A Condition to endeavour to discharge an Obligation by a day.

THe Condition, &c. That if, &c. do and shall use his best en­deavour for and in discharge of one obligation, bearing date the, &c. wherein the within-named D.W. and B B of, &c. are and stand bound unto the said M. B. deceased, in the sum of 100 l. for payment of 52 l. at a day already past, and do thereof acquit and discharge the said D.W. and B. B. and either of them, their and either of their executors, administrators and assigns, of and from all actions, sutes, troubles, costs and charges whatsoever, of, for and concerning the said Obligation, or sums of money therein contain­ed, that then this, &c.

A Condition, reciting an absolute bargain and sale is made to one for the Indempnity of a Bond, if the money be paid upon the Bond, the Gran­tee is bound to re-assure.

THe Condition, &c. That whereas the within-named J. T. by his deed indented, bearing date the day of the date within written, for the indempuity, discharge and saving harmlesse of the within-bound Sir M. W. his Heirs, Executors and Administrators, of, for, from and conderning one Obligation, bearing date the, &c. within-written, wherein the said Sir M. W. for the only debt of the said J. T. together with the said J. T. is and standeth bound unto [...] Esq in the sum of, &c. with condition for payment of, &c. on [...] &c. next coming, hath granted, bargained, sold and confirmed unto the said Sir M.W. his Heirs and Assigns for ever, all that Close, &c. with the appurtenances, called or known by the name of, &c. scituate, lying and being in, &c. as by the same deed inrol­led in the High Court of Chancery amongst divers other things therein contained, may more at large appear: If therefore the said Sir M W. his Heirs or Assigns, in whom the estate of the before­mentioned premisses is or shall be vested or setled, do and shall up­on reasonable request to him of them to be made in that behalf by [Page 329]the said J. T. his Heirs or Assigns, (after that the said J. T. his Heirs, Executors, Administrators or Assigns shall have paid the said 104 l. and acquitted and discharged the said Sir M.W. his Heirs, Executors, Administrators and Assigns, of and from the said Obli­gation, and the sum and sums of money therein contained) at the costs and charges in the Law of the said J.T. his heirs or assigns, re-convey and re-assure unto the said J.T. his Heirs and Assigns for ever, the said Close called &c. with the appurtenances, with warranty therein to be contained against the said Sir M.W. his heirs and assigns only, so as he or they be not compelled to travell for the making of the said assurance, further than the place of his or their abode and residence at the time of such request made, that then, &c.

A Condition, (reciting a Surrender of Land upon condition) that if the money be not paid according to the condition, the Obligor may enjoy the Lands, &c.

THe Condition, &c. That whereas the within-bound T. J. hath the day of the date within-written, surrendred into the hands of the Lord of the Mannor of H. in the County of, &c. out of Court, by the hands of A. B. and C. D. two of the customary Te­nants of the said Mannor, according to the custom of the said Man­nor, one Messuage or Tenement, &c. with all and singular their and every of their appurtenances, now or late in the tenure or oc­cupation of the said T.J. his assign or assigns, to the onely use and behoof of the within-named F.A. and of his Heirs and Assigns for ever, according to the custome of the said Mannor; nevertheless, upon condition of non-payment of, &c. at or in, &c. as by the same Surrender more at large appeareth: If therefore the said F. A. his Heirs and Assigns, and every of them, shall or may from time to time, and at all times for ever, from and after default made in pay­ment of the said sum of &c. at the day and place appointed for pay­ment thereof, as aforesaid, lawfully, peaceably and quietly have, hold, occupy, possess and enjoy the same Messuage or Tenement, Lands, and all and singular other the premisses, in and by the said surrender mentioned and expressed, clearly and absolutely acquit­ted and discharged, or otherwise by the said T. J. and his Heirs, suffi­ciently saved and kept harmless, of and from the Joynture, Dower and Thirds of K. now Wife of the said T. [...]. to be claimed or chal­lenged, of or in the said premisses, or any part thereof, and of and [Page 330]from all and all manner of former and other bargains, contracts, surrenders, and other charges, titles, troubles and incumbrances whatsoever, by the said T. J. his Heirs and Assigns, in any wise heretofore had, made, committed, suffered or done, or to be had, made, committed, suffered or done, the rents and services to the chief Lord or Lords of the Fee thereof, and from thenceforth grow­ing due therefore, only excepted and fore-prized, that then, &c.

A Condition that whereas one hath an Annuity issuing out of the Mannor of, &c. which said Annuity he hath released, &c. for payment of, &c.

THe Condition, &c. That whereas the within-bound J.B. hath and holdeth for the term of his natural life, of the grant of the within-named R.L. one annuity or yearly rent of, &c. by the year, issuing and going out of the Mannor of, &c. and out of certain other Lands, Tenements and Hereditaments, in the County of, &c. as by the same grant thereof made, more at large it doth and may appear; which said annuity or yearly rent of, &c. the said J.B. by his Deed indented, bearing date the day of the date of these pre­sents, hath bargained, sold and released unto the said R. L. upon and under a certain condition in the same Deed indented, expres­sed, as by the same also it doth and may appear; If therefore the said J.B. hath not at any time before the ensealing and delivery of the said Deed indented, bargained, sold, given, granted, assigned or set over, or by any other means incumbred the said annuity or year­ly rent of 100 l. or any parcel thereof, that then, &c.

A Condition, whereas the Obliges hath owing by one a sum of money, which is to be paid to a Creditor of the Obligor, who is bound to repay within ten dayes after notice of the receipt.

THe Condition, &c. That whereas the within-named J.F. hath remaining in the hands and custody of G. &c. the sum of, &c. which sum of, &c. the said J.F. is contented at the request and de­sire of the within-bound J. &c. shall be paid and delivered by the said G. &c. unto one L. &c. If therefore the said, &c. his Execu­tors, Administrators or Assigns, do well and truly pay, or cause to be paid unto the said J. F. &c. his Executors, Administrators or Assigns, at or in, &c. the said sum of, &c. within ten dayes next after the said J.F. his Executors, Administrators or Assigns, shall give [Page 331]sufficient notice or testimony unto the said, &c. his Executors, Ad­ministrators or Assigns, from the said J [...]testifying that he the said L. hath received the said sum of, &c. of the said, &c. as aforesaid, without fraud or coven, that then, &c.

A Condition where a Bond is assigned, and that if the Obligees in the as­signed Bond do not pay, then the Obligee in this is bound to pay, &c.

THe Condition, &c. That whereas the within-bound A.B. hath by his Deed in writing, bearing date, &c. assigned over un­to the within-named C. D. one Obligation bearing date the, &c. wherein E.F. and G.H. stand bound unto the said A. B. in the sum of, &c. with condition of payment of, &c. on the, &c. at, &c. as by the same Deed of assignment and obligation may appear, if in case the said E.F, and G.H. their Executors, Administrators or Assigns, do not pay unto the said C. D. his Executors or Assigns, the said sum of, &c. on or before the, &c. with such considerations as shall be therefore due; If then the said A.B. his Executors, Administrators or Assigns, do well and truly pay, or cause to be paid unto the said C. D. his Executors, Administrators or Assigns, on the, &c. at or in, &c. the said sum of, &c. with consideration for the same, after the rate of 8 l. per cent. to be accompted from the day of the date with-in-written, untill such time as the same shall be fully paid, that then, &c.

A Condition upon an Attachment.

THe Condition, &c. That whereas the above-named Sir R. L. Knight, is to pay unto Sir M.R. of, &c. the sum of 150 l. of, &c. upon Bond, bearing date on or about the, &c. last past, before the day of the date above-written: and whereas the day of the date above-written, the above-bound W. S. hath attached the said sum of, &c. in the hands of the said Sir R. L. If therefore the said W. L. his Executors, Administrators and Assigns, and every of them do and shall at all times hereafter, and from time to time, well and suf­ficiently save, defend, keep harmless and indempnified the said Sir R. L. his Heirs, Executors, Administrators and Assigns, and every of them, as well against the said Sir M. R. his executors, admini­strators and assigns, as against all and every other person and per­sons, for or concerning the said Obligation, or any sum or sums of money therein contained, and of and from all and all manner of actions, arrests, sutes, costs, losses, chattels, forfeitures, payments [Page 332]and detriments whatsoever, which shall or may be commenced, or happen against the said Sir R. L. his Goods or Chattels, for or by reason of the non-payment of [...]: said Sum of, &c. unto the said Sir M. R. his executors, administrators or assigns, on the said, &c. in regard the same is attached by the said W. S. as aforesaid, that then, &c.

A Condition to pay Rent quarterly for certain Rooms, &c,

THe Condition, &c. That if J.A. of, &c. the within-bound I.P. and T. A. or any of them, their or any of their executors, ad­ministrators or assigns, do well and truly pay, or cause to be paid unto the within-named G. P. his executors, administrators or as­signs, the yearly sum of, &c. for those Rooms, parcel of the Capital Messuage, scituate, &c. wherein the said I. A. now inhabiteth, for and during the full term of, &c. to be accompted from the, &c. last past, before the date within-written, at the Four most usual Feasts or Terms in the year, that is to say, at the Feast of, &c. or within ten dayes next ensuing every of the said Feasts, by even and equal portions, at or in, &c. the first payment to begin and to be made at the Feast day of, &c. next ensuing the date within-written, or within ten dayes next ensuing the same Feast, that then, &c.

A Condition to surrender Land to certain uses.

THe Condition, &c. That if the above-bound M. W. S. W. and J. W. and every of them and their Heirs, do and shall at the next Court to be holden for the Mannor of W. in the County of, &c. which shall be after request made by the above-named A. L. her Heirs or Assigns, the said request being made eight dayes before any such Court be holden, surrender into the hands of the Lord of the said Mannor, to the onely use and behoof of the said A. L. her Heirs and Assigns for ever, according to the custome of the said Mannor, all that little Close or Land with the appurtenan­ces, lying and being in a place called G. in the County of E. being Copy-hold Land of the said Mannor, the same premisses being at the time of the said Surrender to be made freely and clearly ac­quitted and discharged, of and from all former surtenders, grants and incumbrances whatsoever, that then, &c.

A Condition, that the Sheriff executing a Writ, may detain out of the Goods and Lands extended, so much money, &c.

THe Condition, &c. That whereas the within-bound R. W. the day of the date hereof, hath delivered to the hands [...] within-named G.M. and W.M. the Writ of Execution, [...] ­ing and extending the goods, chattels, and moyety of [...], Tenements and Hereditaments of one Sir W. M. of, &c [...] or the use of the said R. W. whereby the same R. may be [...] of the sum of 200 l. mentioned in the said Writ, [...] case the said G. M. and W. M. or either of them, do lawfully execute, or cause to be lawfully executed the said Writ, according to the nature, mean­ing and purport thereof, by the impannelling of Twelve lawfull and indifferent men to be sworn of the Contents of the said Writ, if then the said R.W. his Executors and Administrators, do quietly permit and suffer the said Sheriff or Under-Sheriff to have, take, receive and detain, to his and their own proper use and behoof, out of such moneys, goods or chattels, as shall be had, levied or received by vertue of the said Writ, or the execution thereof, as much in law­ful money of England, or other benefit as they or the said Sheriff, or Under-Sheriff, or one of them shall think reasonable or suffi­cient for their satisfaction, of and for such travel, pains or charges as they shall be at in and about the execution of the said Writ and Extent thereupon to be had or made, otherwise within, &c. next after the said Writ shall be executed, and return thereof made ac­cordingly, do pay, or cause to be paid unto the said Sheriff, or Un­der-Sheriff, or their Deputy or Deputies, so much lawful money of England, as they shall for the causes aforesaid reasonably de­mand, that then, &c.

A Condition to save harmless from a Bond of Arbitrement.

THe Condition, &c. That if the above-bound A.D. his Execu­tors and Administrators, or any of them, do and shall from time to time, and at all times hereafter, well and sufficiently save and keep harmless and indempnified the above-named G. M. his heirs, executors and administrators, and his and their lands, tene­ments, goods, chattels and hereditaments, of, for, from and con­cerning one Obligation, bearing date the day of the date above-written, [Page 334]wherein the said G. M. at the request of the said A. D. is and standeth bound unto R. M. Gent in the sum of 100 l. with con­dition there-under written, that the said A. D. abide the award of W.N. and T.B. Esquires, Arbitrators, and of and from all actions, sutes, arrests, costs, charges and demands whatsoever, concerning the premisses, without fraud or coven, that then, &c.

A Condition where Purchase-money is to be paid at two payments, if de­fault be made in the first, the whole with allowance to be paid at the second.

THe Condition, &c. That whereas in and by one pair of Inden­tures, bearing date the day of the date within-written, made be­tween the within-named A. L. of the one party, and the within-bound J. I. of the other party, the said J. I. is to pay to the said A. L. the sum of 200 l. of, &c. on the, &c. at or in, &c. being the first payment of the summe of, &c. which the said J.I. is to pay unto the said A.L. for the Purchase of the Keepership, Herbage and Pannage of B. Park of, &c. in the County of, &c. as by the said Indenture may more at large appear: And if it shall happen the said J.I. his executors, administrators and assigns, to make default in payment of the said Sum of 200 l. unto the said A.L. his executors, admini­strators and assigns, on the said, &c. next coming, contrary to the tenor of the same Indenture, then if the said J. I. his executors, ad­ministrators or assigns, do well and truly pay, or cause to be paid unto the said A.L. his executors, administrators or assigns, the full sum of, &c. on the, &c. at or in, &c. without fraud or coven, that then, &c.

A Condition where money is lent upon a Bond, and a Letter of Atturney to receive the money due upon the Bond, the Obligor in this Bond is to pay, &c.

THe Condition, &c. That whereas A.B. of, &c. and C D. of, &c by their Obligation bearing date the, &c. in the, &c. are and stand joyntly and severally bound unto E. F. &c. in the sum of, &c. for payment of, &c. on the, &c. at, &c. as by the said Obligation and Condition thereupon made, more at large appeareth. And whereas J.F. by his Letter of Atturney bearing date the, &c. in the, &c. did make, ordain and constitute the within-bound P. V. his lawful At­turney, [Page 335]irrevocable to ask, levy, recover and receive to his own proper use and behoof, of the said A.B. and C D or either of them, the said sum of, &c. on the, &c. according to the tenor of the said Obligation, as by the said Letter of Atturney more at large like­wise appeareth: upon which said Obligation and Letter of Attur­ney, the within-named H. B. hath lent unto the said P. V. the full sum of, &c. and hath assigned the said Condition over unto the said H B. with the said Letter of Atturney so made unto the said P. V. by the said E. F. as aforesaid; If in case therefore the said sum of, &c. be not well and truly paid to the said H. B. his Executors or Assigns, at or upon the said &c. next ensuing the date hereof, by the said A. B. and C. D. or one of them, according to the true intent and meaning of the said recited Obligation and Condition hereof, to the proper use and behoof of the said H.B. then if the said P. V. and the within-bound M.C. or either of them, or the Heirs, Executors or Assigns of them, or either of them, do and shall well and truly repay, or cause to be repaid unto the said H. B. his Executors or Assigns, the sum of, &c. on the, &c. at or in, &c. in lieu of the said, &c. so to be paid as aforesaid by the said A. B. and C. D. that then, &c.

A Condition that the Obligor shall pay, &c. within three months next after default of payment made by another.

THe Condition, &c. That whereas Sir F.C. of, &c. Knight, by his Obligation, bearing date the day of the date above­written, is and standeth bound unto the above-named R. N. in the sum of, &c. for the true payment of, &c. on the, &c. next ensuing the date above written, at or in, &c. as by the same Obligation may appear: And forasmuch as the said R. N. hath credited the said F. C. for the said sum of, &c. at the request of the above-bound A. M. and upon his the said A. M's promise, and undertaking to pay unto the said R. N. his Executors, Administrators or Assigns, the said sum of, &c. within three moneths next after the day of &c. with consideration for the forbearance thereof after the rate of 8 l. per cent. (in case the said Sir F.C. his Executors, Administrators or Affigns, do not pay the said, &c. on the said, &c. next coming) if therefore the said F. C. his Executors, Administrators or Assigns, do not well and truly pay, or cause to be paid unto the said R. N. his Executors, Administrators or Assigns, the said sum of, &c. on the said, &c. next following, and at the place of payment afore­said, [Page 336]then if the said A. M. his executors, administrators or assigns, do not well and truly pay, or cause to be paid unto the said R. N. his Executors, Administrators or Assigns, the said Summe of, &c. on the said, &c. then next ensuing, and at the place and payment aforesaid, he the said R. N. his executors, administrators or assigns, upon the payment or receipt thereof, delivering up unto the said A. M. his Executors, Administrators or Assigns, the said Obligation, wherein the said F. B. standeth bound unto him, as aforesaid, that then, &c.

A Condition, that if the Obligee do not receive the sum of, &c. of the, &c. according to a Letter of Attorney, then the Obligator to pay the said sum in the, &c. next after.

THe Condition, &c. That whereas the above-bound T. P. hath by Deed or Letter of Attorney, bearing date the day of the date above-written, authorized and appointed the above-named G.M. to ask and receive, of and from the Commissioners appointed for the payment of Moneys to Souldiers the full sum of 17 l. of, &c. as by the same Letter of Attorney may at large appear: If therefore the said G. M. his executors, administrators or assigns, shall not receive the said sum of 17 l. from the said Commissioners, on or be­fore the, &c. next ensuing the date within-written, then if the said T. P. his Executors, Administrators or Assigns, do well and truly pay, or cause to be paid unto the said G. M. his Executors, Admi­nistrators or Assigns, the said sum of 17 l. &c. on the, &c. next ensuing the date above-written, at, &c. without fraud or coven, that then, &c.

A Condition for payment of Money within ten dayes next after delivery of assurance of Land.

THe Condition, &c. That if the within-bound K.T. his Heirs, Executors, Administrators or Assigns, or any of them, do pay, or cause to be paid unto the within-named H. E. the full summe of 100 l. within ten dayes next after that he the said H E. or his Heirs, shall make and deliver, or cause to be made and delivered unto the said I.T. or his Heirs, a good, perfect and lawful assurance in the Law, in Fee-simple, of and in certain Lands, Tenements and He­reditaments, lying and being in D. or elsewhere in the County of S. amounting in the whole to the yearly value of 40 l. according [Page 337]to the tenor and plain meaning of certain Articles indented, bear­ing date the day of the date of these presents, made between the said H. E of the one party, and the said I. T. of the other party, that then, &c.

A Condition to procure one to seal the Counter-part of an Indenture.

THe Condition, &c. That if I. J. Son of the above-bound R.I. do and shall, when he shall accomplish the full Age of Twenty one years, upon request to him made, sign and deliver, as his act and deed, unto the use of the within-named G. C. and H. C. the Counterpart of one Indenture bearing date, &c. made between, &c. and the said Counterpart being so sealed and signed, as aforesaid, shall deliver or cause to be delivered unto the said G. C. his, &c. safe, whole, uncancelled and undefaced, that then, &c.

A Condition to permit the Obligee to receive Rents and Tythes to his own house.

THe Condition, &c. That if the within-named N.B. his Exe­cutors, dministrators or Assigns, shall and may at all times hereafter, and from time to time, ask, collect, gather, perceive, re­ceive, take, keep and enjoy to his and their own onely use and be­hoof, all and all manner of rents, issues, tythes, fruits, obligations, obventions, offerings, profits, commodities and advantages what­foever they be, and of what quality, nature, kind or condition the same be, now belonging or appertaining, and now being due, or which hereafter shall belong, appertain, grow or become due to W.A. Clerk, as Parson of the Parish-Church of, &c. out of or be­longing to the Parsonage of, &c. or any parcel thereof, of all and every person or persons whatsoever, for and during so long time as the said W.A. shall be, or of right ought to be Parson of the Par­sonage aforesaid, and also all and singular arrerages of the premis­ses, without let, interruption or disturbance of the within holden R. his Executors, Administrators or Assigns, or of any other per­son or persons, claiming by, of or from the said R. or by his assent, means or procurement; and also, if neither the said R. at any time heretofore hath released, nor that he, his executors nor administra­tors, at any time hereafter shall release, acquit or discharge the said W. A. his executors or administrators, of or concerning any Bond, [Page 338]Covenans, Authority, Contract or Agreement, heretofore had or made by the said W. A. to the said N. and R. touching or concern­ing the premisses, or any of them, nor do any act or acts, whereby or by reason whereof, the same obligations, bonds, writings, cove­nants, authority, contract or agreement, or any of them, shall in any wise be made frustrate or void; And also if the said R. do permit and suffer the said N. to have, take and enjoy to his and their own use, the whole profit, benefit, advantage and commodity, which shall or may arise or grow, for, upon or by reason of the said obli­gations, bonds, writings, covenants, authority, contract or agree­ment, or any of them, that then, &c.

A Condition to save one harmless from all debts that may be duly demand­ed as Executor of, &c. and also that one shall seal a Release, when she comes to the Age of, &c.

THe Condition, &c. That if the above-bound E.T. and W.T. their Executors, Administrators or Assigns, or any of them, do and shall at any time hereafter, and from time to time, clearly ac­quit, exonerate and discharge, or otherwise well and sufficiently save and keep harmless and indempnified the above-named I. E. his Heirs, Executors and Administrators, and his and their goods, chattels, lands, tenements and hereditaments, and every of them, of and from all debts, duties, bills, bonds, specialties, and demands whatsoever, which at any time and times hereafter, shall and may be duly and lawfully demanded or recovered, of or from the said I. B. his Heirs, Executors and Administrators, by any person or persons whatsoever, for or by reason of any reckoning, duty, spe­cialty, debt or demand whatsoever, due, owing or payable by the above-named R. T. deceased, to any person or persons whatsoe­ver, and also of and from all costs, charges, sutes, arrests, judge­ments, executions and demands whatsoever, which shall or may happen, come, grow, to be unto or against the said I.B. his Execu­tors, Administrators, or any of them, for, upon or by reason there­of; and also if A. T. daughter of the said E. T. and such persons as she shall intermarry withall, within one month next after she the said A. shall be lawfully married, or shall accomplish her full Age of Twenty one years, which shall first or next happen, do and shall make, seal and deliver, as his, her, or their act and deed, a good, sufficient and lawful acquittance, discharge and release, under his, her, or their hands and seals, unto the said I. B. his Executors and [Page 339]Administrators, of, for, or concerning all sum and sums of money, gifts, legacies, bequeaths and demands whatsoever, given and be­queathed unto the said A. in and by the last Will and Testament of the said R. T the same release to be made in such manner and form, as by the said I.B. his Executors or Administrators, or his or their Councel shall be reasonably devised or required, that then, &c.

A Condition from a Goaler to an under-Sheriff, for saving harmless.

THe Condition, That if the above-bounden A. B. Deputy-Goaler to T.T. Servant to, &c. do from time to time receive and take into his ward and custody, within the Goal at the Castle of Lancaster, in the County of Lancaster aforesaid, all such person and persons, prisoner and prisoners, which shall fortune to be com­mitted or sent to the said Goal, or committed to the ward and cu­stody of the said Goaler, by the said Sheriff or his Deputy, or by any Justice or Justices of Peace, or by any other having lawfull authority to commit persons or prisoners to the said Goal, and the same person or prisoners so committed as aforesaid, do well and truly, duly and sufficiently by his own proper person, or by his sufficient Deputy or Deputies, so keep, that the said Sheriff, his Heirs and Executors, all the Lands, Tenements, Goods and Chat­tels of the said Sheriff, be saved harmless from all losses, penalties, amerciaments and damages whatsoever, as well against the Com­monwealth of England, as also against all other person and persons, of, for and concerning the custody and keeping of the said Geal and prisoners within the said Castle of Lancaster, or elsewhere in the said County of, &c. and likewise do discharge, save and keep harmless the said Sheriff, his Heirs and Executors, and all those his Lands, Tenements. Goods and Chattels, from time to time, and at all times hereafter, of and from all and every escape and escapes, as well of convict persons, Reprieves and Felons, and of all other persons now committed, for any contempts, condemna­tions, trespasses or misdemeanors, which may happen, or chance hereafter to be committed to the said Goal for any the causes afore­said, during the time the said A.B. shall be Deputy or Goaler to the said T. T. and the said T.T. continue Sheriff; And likewise that if the said A.B. or any other by his consent, privity or appointment in any wise let to bail or mainprize, any prisoner or prisoners to him committed as aforesaid, not bailable by the Lawes of the [Page 340]Realm, without the special commandment or appointment of the aid Sheriff, and if the said A. B. or his sufficient Deputy, be ready to give his attendance upon the said Sheriff, and his Deputy, at all times necessary and convenient, and all and every lawful thing and things, that he shall be required to do by the said Sheriff, or his Deputy, touching or concerning the, &c affairs and businesse wherewith the said Sheriff is or shall be charged or imployed in or about the keeping of the said Goal or Prison, that then, &c,

A Release of Recognizance assigned to one.

TO all Christian People, &c. P. V. of London Merchant, stran­ger, sendeth greeting in our Lord God everlasting, That whereas the Right Honourable W. Earl of Derby, Lord Stanley, Lord of Man and the Isles. T. Ireland of Grayes-Inn in the County of Middlesex Esq H. C. of Knowsley in the County of Lancaster Gent. and H. Adys of Button in the County of Dorset Gent. by other writing of Recognizance or Statute-Staple, bearing date the sixth day of July, &c. taken and acknowledged before Sir J. P. Knight, Lord Chief Justice of England, stand bound to Peter H. Citizen and Alderman of London in 3200 l. of, &c. payable, as in and by the same Writing of Recognizance or statute more at large doth appear: And whereas the said Peter H. by his sufficient Deed or Assignment in writing, bearing date the five and twentieth day of, &c. in the, &c. did for divers and certain considerations him there­unto especially moving, grant, assign, and set over unto me the said P. Vanloor, as well the said Recognizance or Statute, and the said debt of 3200 l. and all his said right, title and interest, which he the said Peter Houghton then had, or ought to have had in and to the same, to have and to hold the said Recognizance or Statute, and the said debt of 3200 l. aforesaid, and all his said right, title and interest in and to the same, unto the said P. V. my executors and assigns, as our own proper goods and chattels for ever, as by the said Assignment amongst other Covenants and Clauses therein contained, more fully at large it doth and may appear. Now know ye, That I the said P. V. for divers good Causes and Considera­tions me hereunto especially moving, have remised, released, and quit-claimed, and by these presents for me, my executors, admi­nistrators and assigns, and every of us, do remise, release, and for ever quit-claim unto the said Henry Adys, his Heirs, Executors, [Page 341]Administrators and Assigns, and every of them, the Recognizance or Statute aforesaid, and the penalty and forseiture thereof, and also all and all manner of Actions, Arrests, Extents, Judgements, Executions, Condemnations, Liberates, Seizures, Debts and de­mands whatsoever, which I the said P. V. or the said P. H. or ei­ther of us now have, shall, may, might or ought to have against the said H. Adys, his Heirs, Executors, Administrators and Assigns, or any of them, or his, their or any of their Lands, Tenements, Goods or Chattels, for or by reason of the said Recognizance or Statute, or of the penalty or forfeiture thereof in any wise: so that neither I the said P.V. nor the said P. H. our Executors, Ad­ministrators or Assigns, nor any of us, any action, arrest, extent, judgment, execution, condemnation, Liberate, seizure, debt or demand, upon the said Recognizance or Statute, shall or may from henceforth commence, prosecute or pursue against the said Henry Adys, his Heirs, Executors, Administrators or Assigns, or any of their Lands, Tenements, Goods or Chattels, but shall be thereof utterly debarred and excluded for ever by these presents. In witnesse, &c.

A Letter of Attorney to take possession, and to deliver a Lease upon the ground.

BE it known unto all men by these presents, That I W. D. of &c. have made, ordained, constituted and authorized, and in my place and stead by these presents, have put my well-beloved Friend I. D. of, &c. my true, sufficient and lawful Attorney, for me and in my name, and to the use and behoof of me the said W. D. my Heirs and Assigns, to enter into all the Mannor of, &c. with all and singulat the appurtenances, scituate and being in K. in the County of S. and now or late in the tenure or occupation of I. A. or of his Assigns, and peaceable and quiet possession and seizin thereof, for me and in my name to take, and as my deed deliver unto one E.B. upon the premisses, or some part thereof, one In­denture bearing date with these presents, made by me the said W. D. to the said E.B. mentioning a demise of the premisses, for term of, &c. from the Feast of, &c. last past, then next ensuing, and fully to be compleat and ended, under the yearly rent of, &c. unto which said Indenture I have subscribed my name with my own hand, and sealed with my seal, and delivered the same as my Escrowe unto the said I. D. to be delivered as my Deed upon the [Page 342]premisses, or some part thereof, after an entry made by him the aid I. D. into the premisses, or some part thereof, in the name of the whole, and all and every other thing requisite and necessary to be done, in or concerning the premisses, for me and in my name, to do as fully and effectually, and in as large and ample manner and form, to all intents and purposes, as I my self might or ought to do, if I were then and there personally present. And I shall and will ratifie, allow and confirm all, and whatsoever my said Attor­ney shall do, or cause to be done in or about the premisses by these presents. In witness, &c.

A Letter of Attorney to take possession of the Lands and the same Lands to demise, survey or sell, and to receive, &c.

TO all, &c. R.E. of; &c. G.M. of; &c. and H. L. of, &c. send greeting: Know ye, That we the said R.E. G.M. and H.L. for divers good causes and considerations in that behalf moving, have made, ordained, constituted, and in our stead and places by these presents, have put and authorized our servants, R. N. and H. B. Gent. and either of them, our true, sufficient and lawful Attor­nies, for us, and in our names, and to the use and behoof of us the said R. E. &c. to enter into all those the Mannors of, &c, with their rights, members and appurtenances in the County of, &c. and into the advowsons of or belonging to the same, or any of them, and into every part and parcel thereof, and the said Mannors, and eve­ry or any of them, for us and in our names to survey, and we do by these presents give full power & authority to the said R.N. & H.B. and either of them, to be our steward or stewards of the said Man­nors and every of them, and to keep such Court and Courts of Sur­vey, and other Court-Leets and Law-dayes of and upon the same Mannors, or any of them, as to our said Attorney, or either of them, or such other as they or either of them shall appoint, shal be thought fitting, and the same Mannors and every or any of them, for us, and in our names, to bargain, sell, lease or grant to such person & persons, and for, such estate for life, inheritance or otherwise, and for such sum and sums of money, as our said Attorneys, and either of them, shall be thought fit & requisite, to the uttermoit and best commodity and profit of us the said R. E. G. M. and H. L. and the Deed and Deeds of the same grants and estates, so to be made for us, and in our names to feal, and as our Deeds to deliver unto the parties to whom the same shall be so made, or to any other to their use or uses, and [Page 343]the Counterparts of the same, for us and in our name, to accept and receive, and also all such fines, and other sum and sums of mo­ney, as shall grow due to the same, for us and in our names, and to the use of the said R. E. G. M. and H. L. to accept, receive and take, and upon the receipt thereof, any acquittances or discharges for us and in our names, to make, seal, and deliver, and also for us and in our names, and to the use of the said R. E. G. M. and H.L. to collect, gather, receive and take all such rents, duties, he­riots, arrearages of rents and profits of Courts as are already, or shall be due or payable, for, out of or concerning the premisses, or any of them, giving and granting unto our said Attornies, and to either of them, our full power or lawful authority in, touching and concerning the premisses, to do, execute, proceed and finish in all things, in as large and ample manner and form, as we the said R. E. W.M. and H.L. or any of us, might or ought to do, if we or any of us were then present, and ratifying and allowing whatso­ever our said Attorneys, or either of them shall do in the pre­misses, or any of them, according to the intents of these presents. In witness, &c.

A Letter of Attorney of a Bond, for performance of Covenants of an Indenture of Lease.

TO all, &c. I J. K. of &c. send greeting: Whereas I. B. of, &c. M. A. of, &c. by their Obligation bearing date the, &c. are and stand bound unto me the said J. K. in the sumof, &c. with condition thereupon endorsed, for the true performance of the Covenants, Rents and payments, mentioned and contained in and by one pair of Indentures of Lease bearing date the day of the date of the said Obligation, made between the said I.K. of the one part, and the said L. B. of the other part, as by the same Obligation and Condition may appear. Now know ye, That I the said J.K. for divers good causes and considerations me hereunto especially moving, have gi­ven, granted, assigned and set over, and by these presents do give, grant, assign and set over unto J.C. of, &c. his Executors, Admi­nistrators and Assigns, as well the said recited Obligation and sums of Money therein contained, as all my right, action and demand in and to the same, giving, and by these presents granting unto the said J. C. his Executors, Administrators and Assigns, full power and authority, from time to time, and at all and every time and time hereafter, from and after breach made, and non-performance of the [Page 344]Covenants, Grants, Articles, payments or agreements, which on the part and behalf of the said L. B. are or ought to be observed, performed, fulfilled, paid and kept, mentioned and contained in and by the said Indenture of Lease, for me and in my name, ne­vertheless to the onely use and behoof of the said J. C. his Exe­cutors, Administrators and Assigns, to sue, arrest, implead and imprison, and at his and their will and pleasure, out of prison again to deliver and release the said L. B. and M. A. and either of them, their, and either of their executors, administrators and as­signs, for the breach or non-performance of any the Covenants, and all and every Sum and Sums of Money recovered upon or by reason of the said recited Obligation, to detain and keep to the onely proper use and behoof of the said J. C. his Executors, Ad­ministrators and Assigns, without any account therefore to be ren­dred, or for any part thereof, and I. &c. shall and will ratifie, allow and maintain all and whatsoever the said J. C. his executors or assigns shall do or cause to be done in or about the premisses; and I the said J. K. for me, my Executors and, Administrators, do covenant, promise and grant to and with the said J. C. his Executors, Administrators or Assignes, by these presents, That neither I the said J. K. my Executors or Administrators, have released the said Obligation, or any Summe of Money therein contained, nor shall or will acquit, release, or otherwise discharge the same, or any the Obligors therein mentioned, their Executors, Administrators, or either of them, without the special licence, con­sent and agreement of the said J. C. his Executors or Assigns, in that behalf first had and obtained. In witnesse, &c.

A Letter of Attorney to receive Rent when it shall grow due.

BE it known unto all men by these presents, That I T. B. of, &c. for divers good causes and considerations me moving, have made, constituted and appointed, and by these presents do make, ordain, constitute and appoint R. R. of, &c. my true, suffi­cient and lawful Atturney and Assign, for me and in my name, neverthelesse to the onely use and behoof of the said R. R. to de­mand, collect and receive of W. R. A. H. and J. D. all that sum of, &c. and of W. T. all that Summe of, &c. which said Sum of, &c. will be due and payable unto me the said T. B. for one half years Rent at, &c. next ensuing the date of these presents, for Lands by them holden of me, lying and being in M. aforesaid, giving, [Page 345]and by these presents granting unto my said Atturney, full powe [...] and authority, for me and in my name to take and receive the said Sums of, &c. due to me, as aforesaid, and the same so had and received, to detain and keep to his own proper use, without any accompt therefore to be rendred unto the said T. B. my Heirs or Assigns, and also upon the receipt thereof, to deliver unto them acquittance in my name, testifying the receipt thereof; and I shall and will ratifie, allow and confirm all, and whatsoever my said Atturney shall do or cause to be done, in or about the premisses, by these presents. In witnesse whereof, &c.

A Letter of Attorney to take possession of a Messuage, &c. from the Sheriff taken upon an Extent.

TO all, &c. I Sir T. B. of, &c. send greeting. Know ye, That I the said T. B. have made, ordained, constituted, authorized and appointed, and by these presents do make, ordain, constitute, authorize and appoint T. W. and H. D. of, &c. or either of them, my true and lawful Atturneys or Atturney, joyntly or severally for me and in my name, to take and receive of the now Sheriff of the County of Y. peaceable and quiet possession as well of and in one capital messuage, &c. as of and in, &c. all and singular which said lands and premisses were lately belonging unto I. B. Gent. and which the said now Sheriff hath intended by vertue of a Writ of Ex­tent, to him directed upon a Statute of 200 l. acknowledged and entred into by the said I. B. unto me the said T.B. giving, [...]d by these presents granting unto my said Atturneys, or either of them, full power and authority, for me and in my name, to do, exe­cute, accomplish and finish all and whatsoever shall be needfull and necessary to be done, in or about the premisses by these pre­sents. And I shall and will ratifie, allow and confirm all and whatsoever my said Atturneys, or either of them shall do or cause to be done, in or about the premisses, by these presents, as if I my self were then and there personally present. In wit­nesse, &c.

A Letter of Attorney to receive a Legacy, and the same to pay in discharge of a Bond.

TO all, &c. I R. F. of, &c. send greeting. Whereas R. B. and R. M. of, &c. together with me, &c. by one Obligation, &c. (general words of the recital of the Bond) Now know ye, That I the said R.D. for the indempnity and saving harmlesse of the said R.B. and R.M. and either of them, their and either of their exe­cutors, administrators and assigns, of and from the payment of the said sum of, &c. unto the said T. G. his Executors, Administrators and Assigns, on the said &c. next coming and at the place of pay­ment aforesaid, have made, ordained, constituted, authorized and appointed, and by these presents do make, ordain, constitute, au­thorize and appoint, the said W.M. his Executors, Administrators and Assigns, my true and lawful Attorney for me, and in my name or names of me the said R. B. my Executors, Administrators and Assigns, to demand, ask, levy, recover and receive of M. B. of &c. J.T. of, &c. and G.J. of, &c. or any of them, their or any of their Executors, Administrators or Assigns, the full summe of, &c. parcel of such sum of money as is or shall be due and payable unto me, as a Legacy given unto me, in and by the last Will and Testa­ment of W. B. my Father, late of, &c. Esquire deceased, and upon the receipt of the said sum of, &c. to give and to deliver unto them the said, &c. or some or one of them, their executors or assigns, one acquittance bearing date the day of the date thereof, made, sealed and delivered by me to their use, testifying the receipt thereof, and the said sum of, &c. had and received as aforesaid, thereout to sa­tisfie and pay unto the said T.C. his Executors, Administrators and Assigns, the said sum of, &c. on the said, &c. in discharge of the re­cited Obligation, and the remainder of the same to detain and keep to the onely use and behoof of me the said R.B. my Executors, Ad­ministrators and Assigns, and thereof be accomptable, giving and by these presents granting unto the said R.M. his Executors, Admi­nistrators and Assigns, full power and lawful authority, for me and in my name, stead and place to do or cause to be done, all and eve­ry such act and acts, thing and things, as he or they shall think meet or requisite to be done concerning the premisses by these presents, as if I my self were then and there personally present. And I shall and will ratifie, allow and maintain all and whatsoever the said R. M. his Executors or Assigns, shall lawfully do or cause to be done in or about the premisses by these presents. In witness, &c.

A Letter of Attorney to make Leases of Lands, and to make sale of Woods and Goods, and to make a Grant of a Stewardship during pleasure.

TO all, &c. E.M. of, &c. and wife of me the said E. Daughter and heir of, &c. and sole Executrix of the last Will and Testa­ment of T. S. Esquire deceased, send greeting in our Lord God everlasting. Know ye, That we the said E. and M. for divers good and reasonable causes and considerations us especially moving, have given and granted, and by these presents do give and grant unto our very trusty and well-beloved Friend J.T. of, &c. the Office of the Stewardship of all those our Mannors, Lordships, Lands, Te­nements and Hereditaments, within the Counties of, &c. late the Lands and Tenements of the said T. S. and him the said J. T. Steward of the said Mannors, Lands and Tenements, do by these presents nominate, appoint, make, create and constitute, to have, exercise, use and hold the said Office, with the appurtenances unto the said J.T. for and during our will and pleasure; and we do by these presents further give and grant unto the said J.T. full power, liberty, license and authority, for us, and in our names, not only to demise, grant, let and to set out by Copy or Court-Roll, according to the customes of the said Mannors respectively to such person or persons, in Fee-simple, Fee-tail or term of life, lives or years, and for such fines, rents and services as to the said J. T. shall be thought meet and convenient, all such Copy-hold and customary Lands of the said Mannors, or any part or parcel thereof, which now are de­misable or grantable, or lawfully may be demised, granted or set out within the said Mannors, or any of them, but also to do, per­form, execute, use and accomplish all and every other acts, things, demise or matter, which any Steward or Stewards of the premisses, or any of them, at any time heretofore might or could do, or which we may or can in any wise licence or authorize the said J.D. or give commission or power unto him, to do, execute, perform or under­go. And furthermore we the said E. and M. for divers good consi­derations, and upon mature advice and deliberation, have given and granted, and by these presents do give and grant unto the said J.T. and our trusty servants, J.E. and C.B. or to two of them, whereof the said J.T. to be one, full power, liberty, licence and authority, for us and in our names by writing indented or otherwise, to demise, grant, let and to set out, for life, lives or years, all and singular the said lands, tenements and hereditaments, or any part or parcel there­of, [Page 348]to such person or persons, and for such sum and sums of money, and for such rents and services, and with and under such covenants, conditions, limitations, articles and agreements, in such manner, order, form and sort, as to the discretion of them the said J. T. J. E. and C.B. or two of them, whereof the said J.T. to be one, shall seem meet and convenient, and also to grant, bargain and sell the Woods, Trees and Under-woods of the premisses, and every or any part and parcel thereof, and to grant, bargain and sell all such goods, chattels and substance, which we or either of us have, or ought by any means or title to have within the said Counties, to such person or persons, and for such sum and sums of money, and in such man­ner and form as to the said J.T. J. E. and C. B. or two of them, whereof the said J.T. to be one, shall be thought good and reason­able. And moreover, we the said F. and M. have named, appointed, ordained and constituted the said J. T. or two of them, whereof the said J. T. to be one, our true and lawful Atturneys, to ask, demand, recover, levy, receive and gather in our names and to our use, not onely all such rents, and arrearages of rents, debts, duties and ser­vices, that by any means, degree or sort, are due and payable unto us, or either of us, or that we ought or should have of any person or persons within the said Counties, and in our names, or in the name of either of us, as the case shall require, to sue, arrest and implead such of the said persons as will not make payment of the said rents, services, debts and duties, and of every of them, and to sue execu­tion upon any condemnation in that behalf, and also in our and ei­ther of our names, to make, seal and deliver releases, acquittances, or other discharges, of or for the said rents, debts, duties and ser­vices, in every or any of them, to any person or persons, in such manner, sort and form, as to the said I.T. &c. or to two of them, whereof, &c. shall be thought meet and convenient, and whatso­ever the said I. T. shall do in, &c. for or touching the demising, granting or setting out of the said Copyhold or customary Lands, as a Steward of the premisses aforesaid, and whatsoever the said I. T. &c. or any two of them, whereof, &c. to be one, shall do, use or cause to be done, in, for or touching any other thing or matter before mentioned, we do by these presents grant and promise, for us, our heirs, executors and administrators, to establish, ratifie, con­firm, stand to, allow, avow, as fully and as perfectly to all intents, constructions and purposes, as though the same were done by us our selves actually in our proper persons. In witnesse. &c.

A Warrant for an Attorney to confess a Judgement, in case satisfaction be not made by a certain day.

MAster Barnet Whereas I E. F. Esquire, together with C. D. &c am and stand bound by Obligation in the Sum and Pe­nalty of &c. conditioned for payment of, &c. at a certain day long since past if in case I the said E F. my, &c do not well and truly satisfie and pay or cause to be paid unto the said G B. his, &c. all such Sum or Sums of Money as shall be due to him upon the said last recited Obligation, on or before the, &c. next ensuing the date hereof, then the said E. F. do hereby give Warrant and authority unto you the said R. B. or any other of the Atturneys of the Court of the Kings Bench at Westminster, to appear for me in the said Court of the Kings Bench at Westminster, unto an Action or Sute there to be brought or commenced against me the said E. F. by the said G. B. his &c. upon the said Obligation, and to acknowledge and confess a Judgement upon the same Obligation in Michael­mass Term next ensuing the date hereof; and this shall be your suf­ficient Warrant for the same. In witnesse, &c.

To T.S. and R.B. Attorneys in the Court of the Kings Bench at Westmin­ster, joyntly and severally, and to any other Attorney of the said Court.

WHereas I A. B. of, &c. do stand bounden by Obligation, bearing date the day of the date hereof, unto C. D. &c. in the Sum of, &c. conditioned for the payment of, &c. on the, &c. next ensuing, &c. as by the same, &c. Now I do hereby authorize the said Atturneys or either of them, to appear for me, and to re­ceive a Declaration on the said Obligation, and to plead Non si [...]m informatus to the same. And I do agree, That if the said, &c. be not paid according to the tenor of the Condition of the said, &c. then Judgment is to be entred, then as now for the said, &c. And I do also hereby release unto the said C.D. all error and errors touching the said Judgment and proceeding thereupon to be had. And I will not release or revoke the authority and power hereby given to my said Atturney. In witnesse, &c.

A Release of an Extent by an Administratrix.

REceived by me Grace H. Widow, administratrix as well of the goods and chattels of William Blithe, Gent. as of E. T. Spinster deceased, the sum of, &c. of, &c. being the consideration-money which the said H.H. payeth to me for the vacuating and discharging of an Extent upon a Statute of, &c. heretofore acknowledged and entred into by J.D. Gent, unto the said W.S. and also for the buy­ing in and compounding of the said Extent, by vertue or colour of the said Statute, and also for all my interest and demand in the same Statute and Extent, of which said sum of, &c. I do hereby ac­knowledge the receipt, and by these presents do for me, my Exe­cutors and Administrators, remise, release, and for ever quit-claim unto the said J. D. the said Statute and Extent, or all manner of processe or proceeding whatsoever, occasioned by reason of the said Extent. In witnesse, &c.

A Release of a Bond, it being lost.

TO all Christian People, &c. I M. Longton of, &c. send greet­ing, &c. Whereas R.L. S.L. and T.W. by their Obligation bearing date (recite the Bond) as by the same Obligation appear­eth; and forasmuch as the said sum of, &c. together with all such sum and sums of money as are due for the interest and forbearance, are and is well and truly satisfied and paid unto me the said M. L. in full discharge of the said recited Obligation; which said Obli­gation is lost and cannot be found: Now know all men by these presents, That I the said M.L. have remised, released and quit-claimed, and do hereby for me, my Executors and Administrators, remise, release, and for ever quit-claim unto the said R.L. S L. and T.W. and every of them, their and every of their Executors, Admi­nistrators and Assigns, and every of them, as well the recited Obli­gation, and all such Sums of money as are therein mentioned, to be due and payable unto me the said M. L. my Executors, Admini­strators or Assigns, as also all and all manner of actions and sutes, cause and causes of actions and suits, accompts, debts, reckonings, sum and sums of money, judgements, executions and demands whatsoever, which I the said M.L. ever had, now have, or that I▪ my Executors, Administrators or Assigns, or any of us in time to [Page 351]come, can or may have, to, for or against the said R L. S. L. and T.W. or any of them, their or any of their Executors, Administra­tors or Assigns, for or by reason of the said recited Obligation: or any other matter, cause or thing whatsoever, concerning the pre­misses, from the beginning of the world untill the day of the date hereof. And I the said M.L. do for me, my Executors, Admini­strators or Assigns, covenant, promise and agree, to and with the said R.L. S. L. and T.W. and every of them severally, their and every of their several, &c. and to and with every of them by these presents, That if I the said M.L. my Executors or Assigns, or any of us at any time or times hereafter, do find or can have, or obtain the said recited Obligation, being lost as aforesaid, then I the said M. L. my Executors, Administrators or Assigns, or some of us, shall and will within two moneths next after the said Obligation shall be found as aforesaid, deliver and restore, or cause to be deli­vered and restored the said Obligation unto the hands of them the said R.L. S.L. and T.W. or some or one of them, their, &c. or some of them. In witnesse, &c.

A Release of all Legacies and demands given and bequeathed by ones last Will and Testament.

KNow all men by these presents, That I E.T. of, &c. Widow, have remised, released and quit-claimed, and by these presents do for me, my Executors and Administrators, remise, release, and for ever quit-claim unto I. B. Gent. and H. H. Citizen, &c. Exe­cutors, &c. and either of them, their Executors, Administrators and Assigns, of and from all Legacies, Gifts, Bequests, sum and sums of money and demands whatsoever, be [...]ueathed and given unto me the said E. T. in and by the last Will and Testament of R. T. &c. deceased, and of and from all manner of actions, and sutes, cause or causes, or actions and sutes, sum and summes of money, debts, duties, reckonings, accompts and demands whatsoever, which I the said I. T, ever had, now have, or that I, my execu­tors or administrators, can or may at any times hereafter, have, challenge or demand against the said I. B. and H. H. or either of them, their and either of their executors, administrators for or by reason of any matter, cause or thing whatsoever, from the be­ginning of the World, untill the day of the date hereof. In wit­ness, &c.

To I. K. of, &c. one of the Attorneys, &c.

I A. B. do hereby desire you, and do give you full power, license and authority to appear for me, and for, &c. in the said Court, as of this last M. Term in an action of debt, for, &c at the sute of, &c. upon an Obligation conditioned for the payment of, &c. in which said Obligation I stand bound as principal; And this shall be your sufficient Warrant in that behalf. In witnesse, &c.

A Warrant to acknowledge satisfaction.

WHereas there is one Judgement depending in the Court of Common-Pleas at Westminster, of Trinity Term in the, &c. against I.F. of, &c. Esq for 500 l. debt, besides the costs of Sute for Sir H.H. Knight, as by the Records of the said Court more at large may appear. These are therefore to authorize, and give full power to you and either of you, to acknowledge satisfaction upon the said Judgement, and for your so doing this shall be your suffi­cient warrant irrevocable. Witness, &c.

A Condition for the truth of a Merchants Apprentice, and that he shall give just accounts or demands, and pay what he shall fall short in.

THe Condition, &c. That whereas the within-named H.S. at the instance and request of the within-bound Sir S. A. hath ac­cepted and taken T.A. Son of the said S A. to be the Apprentice of him the said H. S. for the term of, &c. to be commenced from the day of the within-written, as in and by the said Indenture, &c. I therefore the said T.A. his executors and administrators, do from time to time hereafter, upon every reasonable request in that be­half to him or them to be made by the said H.S. his Executors, Ad­ministrators, Servants, Factors or Assigns, or any of them, yield, make and deliver up just and true accompt and accompts, and du­ly discharge him and themselves unto the said H. S. his Executors, Administrators or Assigns, of, for, from and concerning, all, &c. such [Page 353]Wares, Goods, Moneys, Merchandizes, Specialties, Bills of Debt, and other things which shall be committed, or come to the hands, charge, possession or disposition of the said T. A. by reason or means of his said Service, either in the parts be­yond the Seas, or on this side: And in case it shall happen or fortune that he the said T. A. at any time or times during the said term, to imbeazle, steal, purloin, mispend, or unlawfully to detain, consume or make away any of the Moneys, Wares, Goods, Merchandizes, Commodities, Specialties, Bills of Debt, and other things, which do or shall belong or appertain to the said H. S. or any his partner or partners, his or their or any of their Executors or Administrators, or to any other person or per­sons, wherewith he or they, or any of them, are or shall be in any wise charged or chargeable, if then and so often the said Sir H.S. his Heirs, Executors, Administrators or Assigns, or any of them, from time to time hereafter, alwayes within two moneths next after notice and knowledge in that behalf, in wri­ting to him, them or any of them, to be made or given, by the said H.S. his Executors, Administrators, or Assignes, do well and truly make or cause to be made unto the said H. S. his Executors, Administrators or Assignes, at or in, &c. sufficient recompence and satisfaction, in good and lawfull, &c. for all such Goods, Wares, Moneys, Merchandizes, Specialties, Bills of Debts, and other things, which upon any accompt or otherwise shall truly appear to be found to have been by the said T. A. so imbezelled, stoln, purloined, mis-spent, or unlawfully consumed, detained or lost, as aforesaid. And further, if the said T. A. do not at any time or times hereafter during the said Term, unlawfully depart or absent himself out, of or from the Service of the said H S. his Master, without his licence and consent in that behalf first had and obtained, nor to do at any time or times hereafter, merchandize or trade for himself, or undertake to do any busi­ness or businesses, in the Trade or Merchandizing, for any per­son or persons, nor accept or pay any Bills of, or give Bill or Credit for any person or persons, unlesse it be by and with the like consent or licence of the said H. S. his Executors or Admi­nistrators in that behalf first had and obtained in writing, that then, &c.

A Lease of a Warren of Conies.

THis Indenture made, &c. between A.B of, &c. of the one part, and C.D. of, &c. of the other part, witnesseth, That the said H. B. for, &c. hath demised, granted and to farm-letten, and by these presents doth, &c. unto the said C. D. his, &c. in the C. of K. and all the Conies in the said ground being, with the encrease, gains, profit and advantage, from time to time, arising, coming, growing and renewing of the said Conies in the said ground being, and to the same ground belonging, there to hunt, hey, ferret and pitch Nets, or otherwise to use, for the most benefit and advantage of the said A.B. and his assigns, that he can or may devise, in large, ample and beneficial manner and form as the said A.B. or any other person or persons heretofore have had, held, used, occupied or en­joyed the same, To have and to hold the said ground and game of Conies, in the same being, and to the same belonging, with all the gain, profits and advantages to the same belonging, and renewing as aforesaid, unto the said C.D. his executors and assigns, from the, &c. yielding, &c. A Covenant on the Tenants part to do repara­tions on the Warren-house, and on the fences, ditches, hedges and mounds. And at the end, &c. to leave the Berry and Coney-clap­pers sufficiently covered with thorn, and also the same ground and Berry of Conies sufficiently replenished and stored with Conies, Covenants for enjoying, &c.

A Licence to Hawk, Hunt, and Fish.

TO all Christian People, &c. I Dame O.S. &c. send greeting. Know ye, That I the said O. Lady S. for divers good causes and considerations me hereunto especially moving, have given and granted, and by these presents do give and grant unto Sir T.L. of, &c. Knight, and his assigns, full, free and absolute power, liber­ty, license and authority to hawk, hunt, fish and fowl, from time to time, and at all times hereafter, at the will and pleasure of him the said Sir T. L. and his assigns, for and during the natural life of me he said O. Lady S. in, upon and within the Mannor or Lordship of M. Super S. in the said County, and in and upon all the Lands [...]nd grounds thereof, and within the bounds and precincts, limits [...]nd circuits of the same, in as full, free, ample and beneficial man­ner [Page 355]and form, as I my self might or could do, in all and every re­spect or degree whatsoever or howsoever, and without any man­ner of let, denial or contradiction or interruption of me the said O. Lady S. or of any other person or persons whatsoever, in, by or through any act, means, consent, privity of concurment. And I the said O. Lady S. do covenant, promise, grant and agree, to and with the said Sir T. L. and his assigns by these presents, That it shall and may be lawful, to and for the said Sir T. L. and his as­signs, from time to time, and at all times hereafter during my na­tural life, as occasion shall be offered, to have and take as well all, and every the Nets, and other Engines and Instruments of what kind soever, as also all the Dogs and Spaniels of whatsoever sort or kind, of all or any persons whatsoever, that shall at any time or times hereafter hawk, hunt, fish or fowl, within or upon the said Lordship or Mannor of M. super S. or within or upon any part or parcel thereof, without the license or consent of the said Sir T. L. or his assigns, or some of them, thereunto first had and obtained, he the said Sir T. L or his assigns, delivering or causing to be de­livered unto the Bayliff or Steward for the time being, of me the said O. Lady S. of the said Mannor or Lordship of M. super S. the aforesaid Nets, Engines, Instruments and Dogs, so to be taken as aforesaid, to be used, bestowed and imployed, to and for the use and behoof of me the said O. Lady S. in such manner and form as I the said Lady S. or my assignes, shall think fit. In wit­nesse, &c.

A Lease of Cole-Mines.

THis Indenture made the, &c. between J.L. of, &c. and A. B. of, &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 A.B. all and all manner of Mines, Pits and Veins of Cole now open and known, or that may be found out by digging, finking or otherwise howsoever, lying or being in certain Lands, called or known by the name of, &c. with­in the Mannor of, &c. with free liberry to and for the said A.B. his executors and assigns from time to time, and at all times during the term hereafter mentioned, to dig, search, sink, trench and mine, in and upon the said Lands called W. and every part and parcel thereof, at his and their wills and pleasure, for the searching out, having and taking up of Coles, and the same so trenched, digged and found, to take and carry away from time to time and at all [Page 356]times during the term by these presents demised, except and always reserved, unto the said J.L. his Heirs and Assigns, all and all man­ner of quarries heretofore demised by the said J. L. to C.D. of, &c. To have and to hold the said Mines and Pits of Coles, with free liberty of digging, trenching, searching and carrying away the same; with all and singular other the premisses, except before ex­cepted unto the said A. B. his Executors, Administrators and As­signs, from the Feast of, &c. unto, &c. yielding, &c. and if it hap­pen the said yearly rent of, &c. to be behind, &c. and the said A.B. for himself, &c. covenanteth, &c. That he the said A. B. his Exe­cutors, Administrators or Assigns, at 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. so long as any such Mine or Pitt shall be digged or trenched, for searching out of Coles as aforesaid, fill up the said Mine or Pitt with meaner Earth, and then level the same in such sort again, as the same may not be to the annoyance of the Occupiers of the said Lands, called W. or any of them. In witnesse, &c.

A Letter of Licence.

TO all Christian People, to whom these presents shall come: We A. B. of London Alderman, R. L. J. D. and J. P. Mer­chants, &c. send greeting in our Lord God everlasting. Whereas J. C. Citizen and Vintner of London (for and by reason of the Commerce, divers Contracts, Agreements, and other causes be­tween him and us the above-named persons, passed and had) stan­deth, and is severally indebted unto the said A.B. R. L. I. D. and I. P. and others, in divers and sundry great Sums of Money, as by several Obligations and Writings under his Hand and Seal unto us severally made, and otherwise it doth and may appear. Now know ye, That we the said A. B. R. L. I. D. and I. P. and the rest, for divers and many good and charitable causes and consi­derations us especially moving, have given and granted, and by these presents do give and grant, full licence and liberty unto the said I. C. quietly and freely to go about, attend and negotiate, as well his own private affairs, businesse and causes, as also all other matters and things whatsoever he hath, or shall have or do for any other person or persons whatsoever, as well within the City of London, as within all other the, &c. at all and every time and times from thenceforth, for and during the space of, &c. to be­gin [Page 357]at the Feast of, &c. next ensuing the date hereof, without any manner of let, disturbance, molestation, stay, arrest, attachment or sute of his person, or of his Goods, Chattels, Money, Mer­chandizes, or of any other Commodities or appurtenances what­soever, by us the said, &c. or any of us, or by the Executors or Administrators of any of us on this side, or within the said space, time or liberty of, &c. And we the said, &c. are not onely content­ed and agreed, to give and grant this our present Licence and re­spite to the said J. C. for the payment of his said Debts, but also every one of us, for his part, do by these presents freely and clearly release, remit, quit-claim and forgive unto the said J. C. all and every such Sum and Sums of Money, as he the said J. C. at this present doth severally owe unto us, in case any of us, at any time or times during and within the said space of, &c. as aforesaid, shall do, move, procure, practise by or attempt, or cause to be by any wayes or means, any manner of act and acts, thing or things to be done, moved, procured, practised or attempted against the said J. C. or his Goods, Chattels, Money, Merchandizes, or any other of his things whatsoever, contrary to the purport, true meaning, tenour and effect of this our present licence and grant. And fur­ther, our meaning and intent is, That after the said, &c. shall be fully, &c. expired, we do by these presents give and grant license to the said J.C. that if he, his Executors, Administrators or Assigns, do from thenceforth yearly, at the end of every year, for and du­ring the term of, &c. pay or cause to be paid unto us the said seve­ral Creditors, or to the several Executors, Admin strators or As­signs of us and every of us, the full fourth part of the debt to us and every of us owing, that then we, nor any of us, nor any other by our or any of our means or procurement, shall do any thing or act against the said J. C. or any of his Goods, Chattels, Moneys, Merchandizes, or any other of his things whatsoever.

An Indenture upon the choosing of a Burgess to serve in Parliament.

THis Indenture, &c. between H. D. &c. High-Sheriff of the County of, &c. of the one part, and H.B. and R.G. &c. Bur­gesses and Burrough-men of the Burrough and Town of &c. of the other part, witnesseth, That the said Burgesses and Burrough-men, according to the Proclamation made by the said Sheriff for the election of Burgesses in every Burrough or Town within the said County, have the day of the date hereof at A. aforesaid, elected, [Page 358]named and appointed H. B. and R. G. Esquires, Burgesses of the said Town of A. and they to give their attendance, advice and counsel at the High Court of Parliament, to be holden at Westmin­ster the, &c. next coming. In witnesse whereof, the said Burgesses and Borrough-men to these present Indentures have put their seals, and subscribed their names and marks, the, &c.

A Testimonial for the relief of one that had his House and Goods burnt.

TO all Christian People, &c. Know ye, That we Sir J.T. and T.G. Knights, T.W. E.P. &c. Esquires, for the succouring and relieving of our poor distressed Brother S. S. of &c. do by these our Writings testifie, declare and bear witness, That on Fri­day the tenth of, &c. the said S. S. being at Wakefield Market tra­velling for his livelihood, a sudden and lamentable Fire hapned, which burnt down his dwelling house, with all his Goods therein, and his Barn, wherein was all his Corn and Hay, to the utter un­doing of the said S. his Wife and small Children. Now for that the said S. was an honest painful man, and is now brought to so great misery and distress, that he knoweth not where or how to provide for his Wife and Children, without the charitable relief of well disposed Christians; therefore we pray and desire all charit­able and godly-minded persons, to help, succour and relieve the said S. with their charity towards his livelihood; and in recom­pence of his losses, and in so doing they shall oblige us to shew the like charity to any of their Neighbour, in their distress and neces­sity. In witnesse, &c.

The beginning of a Demise of Copy-hold Lands, &c.

THis Indenture, &c. witnesseth, That whereas at a Court Ba­ron, holden for the Mannor of, &c. on the, &c. last past, the Lord of the said Mannor, by, &c. the Steward, did give license to the said J. T. to demise and grant the Messuage, Lands and Tene­ments hereafter in these presents mentioned, unto any person or persons for the term of 21 years, from the Feast of, &c. then last past, as by the Rolls of the said Courts appeareth; Now the said J.T. in pursuance of the said License to him granted as aforesaid, and for and in consideration of the Sum of, &c. to him, &c. hath [Page 359]demised, granted, and to farm letten, and by these presents, &c. all that Copy-hold Messuage or Tenement, with the appurtenances, commonly call'd or known by the name of, &c. scituate, lying and being in, now or late in the Tenure or Occupation of, &c. and all, Prout, in ordinary Lands.

A Release from two joynt-Purchasers to the other two.

TO all to whom these presents shall come, Sir T. W. of, &c. Knight, and T. S. of, &c. Esquire, send greeting. Know ye, That the said Sir T. W. and T. S. for good Considerations them hereunto moving, have remised, released, and for ever quit-claim­ed and by these presents do for them, and either of them, their and either of their heirs, remise, release, and for ever quit-claim unto, &c. their Heirs and Assigns, all the estate, right, title, interest, claim and demand whatsoever, of them the said Sir T. W. and T. S. of, in and to all that the Mannor and Lordship of, &c. with the rights, members and appurtenances thereof, and of, in and unto all and singular other the Mannors, Lordships, Lands, Tenements and Hereditaments, which in and by one Indenture enrolled in the Chancery, bearing date the, &c. made between the Right Honou­rable, &c. of the part, and the said, &c. on the other part, were granted, bargained, and sold, or mentioned or intended to be there­by granted, bargained and sold unto the said, &c. and their heirs, and of, in and unto every part and parcel of them, every or any of them. In witness, &c.

A sale of goods to the Plantiff levied upon a Scire facias by the Sherisss Bayliff.

KNow all men, &c. That I G. B. Bayliff of the Wapontake of, &c. in the County of &c. by vertue of the Writ of Sciri facias, to the Sheriff of the said County directed, have levied of the goods and chattels, &c. the sum of, &c. part of a debt due to, &c. and levyed by vertue of the Writ aforesaid to his use. In full satisfaction of which said sum of, &c. I do by vertue of the Writ and Warrant to me directed, as aforesaid, assign, sell and set over unto the said, &c. all the goods and chattels, in the apprize­ment hereto annexed, nominated at the rate of, &c. to have, &c. the said goods and chattels, to him, his Heirs, Executors and Ad­ministrators, [Page 360]as his own proper goods and chattels, as fully and ab­solutely, as I the said G. B. might, could or ought to do by force and vertue of the said Warrant and Apprizement, or otherwise howsoever. In witness, &c.

A Lease of Goods levied by the Sheriff upon Judgement.

THis Indenture made the, &c. between M. F. of, &c. of the one part, and J.F. of, &c. of the other part. Whereas the fard M. F. did in Michaelmass Term in the, &c. by due course of Law, obtain and recover one Judgement in the Court of Kings Bench at Westminster against the said J.F. for the sum of, &c. debt and costs of sute, as by the Records remaining in the said Court, Rot. 232. Whereunto relation being had, more at large it doth and may ap­pear; and whereas Sir J.S. Sheriff of the said County of, &c. did [...] or about the, &c. by vertue of a Writ of Sciri facias upon the said Judgment to him directed, returnable, &c. levy of the goods and chattels of the said I. F. the sum of, &c. in part and satisfaction of the said Judgement, which goods and chattels were sold by the said Sheriff or his Deputy unto the said M. F. as by a particular Schedule or Indenture hereunto annexed appeareth. Now this Indenture witnesses, And it is fully concluded and agreed by and between the said parties to these presents, in regard the said goods and chartels mentioned in the said Schedule, cannot be presently sold for the best benefit and advantage of the said M. F. that the same goods and chattels shall remain and continue in the custody and possession of the said I. F. for the use and behoof of the said M.F. his, &c. for and during the space and time of six moneths, next after the date hereof; and if any of the said goods and chat­tels, mentioned in the said Schedule hereunto annexed, have been already, or hereafter during the said space of six months, shall be sold or disposed of by the said I.F. his Executors, Administrators and Assigns, then he the said I. F. for himself, his Executors and Administrators, and for every of them, doth by these presents co­venant, promise, grant and agree, to and with the said M. F. his Executors, Administrators and Assigns, to give a true and just ac­compt or accompts, together with the proceed or encrease thereof in writing, unto request made, and to pay or cause to be paid unto him the said M. F. his Executors, Administrators or Assigns, all such sum or sums of Money as shall be found due upon the said ac­compt or accompts, so to be made or given, and at the end and ex­piration [Page 361]of the said term, shall and will well and truly deliver, or cause to be deliver'd unto the said M.F. if the said I.F. his executors, &c. shall be thereunto required, the residue and remainder in specie, with the proceed and encrease thereof, of all such goods and chat­tels mentioned in the said Schedule or Inventory, as shall be so sold or undisposed of, the said M.F. his Executors, Administrators or Assigns, allowing in the mean time unto the said I. F. his Exe­cutors or Administrators, all the benefit and advantage of the Wooll, Milk, and work of the Cattel, comprized in the said Schedule hereunto annexed, and the use of the other goods comprized in the said Schedule or Inventory, for the pains and care of the said I. F. to be taken in and about the selling, disposing and keeping of the said goods and chattels, or any of them. In witnesse, &c.

A Lease of Lands in Barbadoes.

THis Indenture made, &c. between R. C. of, &c. and M. S. of, &c. witnesseth, That the said R. C. for divers good cau­ses and considerations him hereunto especially moving, hath de­mised, granted and to farm letten, and by these presents doth de­mise, grant, and to farm let unto the said M. S. all that his own sh [...]e [...] part and portion of Land, containing in all by estimation forty acres of Land, be it more or less, scituate and being in, &c. as the same was lately and now is separated and divided from other Lands now inhabited by the English Merchants and Planters, or their assigns, and allotted unto the said R.C. for one of his shares of his Adventure with the said Company of the said Islands, and now are, or late were in the Tenure or Occupation of R. P. or his Assigns; and also one Acre of Land, being part or parcel of, &c. lying within, &c. likewise allotted unto the said R. C. for another share of his Adventure to the said Island, the same Acre of Land to be measured, and set out in some convenient place of the said share of Land, adjoyning upon or near unto the fresh water, together with free ingress, egress, regress, way and passage to and for the said M. S. his Executors, Servants and Assigns, by and through, &c. at all convenient times, and by all fitting and convenient wayes and passages, to fetch water from the Springs and Rivulers thereunto adjoyning, as need shall require; To have and to hold the said share of Land, and acres of Land, and all other the above [Page 362]demised or meant, mentioned or intended to be demised premisses, with their and every of their rights, members and appurtenances unto the said M.S. his, &c. from, &c. for and during the term of, &c. M.S. his, &c. yielding and paying therefore yearly, and every year, during the said term of, &c. unto the said R.C. his, &c. the moiety or one half part of all the profits and gains whatsoever, which shall yearly be made or raised by, or by means of the digging, setting, planting, sowing, manuring and imploying the said Lands and premisses above by these presents demised or meant, or mentioned to be demised, and every or any part thereof, or by any other ways or means whatsoever, the same to be yearly and every year, once or oftner, (as Shipping may conveniently be had) sent into England to and for the use of the said R. C. his Heirs and Assigns, for and in full satisfaction and payment of all manner of Rents whatso­ever; and the said M S. for him, his, &c. doth covenant and grant to and with the said R.C. his, &c. by these presents, in manner and form following, that he the said M. S. shall and will once in every year yearly, or oftner, during the said term hereby granted, and as shipping may be conveniently had as aforesaid, make and send unto the said R. C. his Heirs or Assigns, a just and true account how the same Lands and premisses hereby demised, have untill that time been imployed and used, and likewise with the same ac­compt shall and will send and deliver, or cause to be delivered un­to, and for the use and behoof of the said R C. his Heirs and As­signs, unto the City of London, the said moiety or one half-part of all the encrease, profit and gains above by these presents reserved, which shall happen to be accrued or risen by the means of the hus­banding and employing of the said Lands and premisses by these presents demised, and also shall and will from time to time send and deliver, together with the said Rent above reserved, unto the said R.C. his Executors or Assigns, all the other moiety or half-part of all the profits and gains, which shall happen to be accruing and arising, by means of the said husbanding and imploying of the said Lands and premisses in sort, as is aforesaid, or so much thereof over and above the said Rent, as shall be due and payable by ver­tue of these presents, until the Sum of, &c. shall be fully satisfied and paid unto the said R. C. his, &c. which Sum he the said R. C. at and before the ensealing of these presents, did disburse and lay out for the furnishing of the said M. S. with implements, utensils and other necessaries, to be used and imployed in and about the manuring, managing and dressing of the said Lands above-men­tioned to be demised. And further, That he the said M. S. his [Page 363]Executors, Administrators or Assigns, or some of them, shall and will from time to time, and at all times hereafter, during the con­tinuance of this demise, in good order of husbandry, set, sow, plant and imploy the Lands and Premisses hereby demised, to the best advantage, according to the Custom of the Countrey there used and to be used. And also shall and will at his and their own pro­per costs and charges, erect, build, and set up in good order of workmanship, one convenient house, upon some most commodious place of the premisses. And further, That he the said N.S. his, &c. shall not and will not at any time or times hereafter, during the continuance of this present Lease, demise or grant the premisses to any person or persons whatsoever, for and during the term hereby granted, or any part thereof, without the licence of, &c. or make any wilful waste or spoil upon any the Cedar or Timber Trees now standing, growing or being, or which at any time hereafter shall stand, grow or be upon the premisses, or any part thereof, other than for their necessary use. Covenant for reparations and for quiet enjoying, &c. Provided alwayes, That if it should hap­pen the said yearly rent to be behind, &c. or if default shall be made of or in the performance of any the covenants, grants, articles, pay­ments and agreements herein contained on the parts, &c. that then and from thenceforth it shall and may be lawful, &c. In witnesse, &c.

A Lease from a Company.

THis Indenture made, &c. between, &c. witnesseth, That the said Master and four Wardens, by and with the assent and agreement of the more part of the most ancient and discreet per­sons of the said Fraternity, their assistants, as well for and in con­sideration of the Sum of, &c. have demised, &c. all that their Mes­suage, &c. To have and to hold, &c. yielding, &c. A Covenant for reparations, for emptying the sedges, widraughts and privies, to leave it in good repair, with all doors, locks, keys, bolts and glass-windows, wainscots, partitions, and such like as shall be fixed, fastened and set within or about the premisses, and are not remove­able by the Custom of the City of London without defacing, spoil­ing or destroying the same; and that it shall and may be lawful to and for the said Master, &c. their Rent-gatherer, Officers and As­signs, to enter and come into and upon the premisses, there to view, search and see the estate of the reparations of the same, and of the decays and defaults there found, to give or leave warning of the [Page 362] [...] [Page 363] [...] [Page 364]premisses aforesaid, to and for the said L. W. his, &c. to repair and amend all and every the said decayes and defaults within the space of, &c. Provided alwayes, That if it shall happen the said yearly Rent of, &c. or if the said L. W. shall grant, assign or set over his, &c. to any person or persons without the, &c. or if the reparations of the premises or any part thereof, shall not be made and done within the space of, &c. above limited for the doing of the same, that then and from thenceforth in every or any the cases aforesaid, this present Lease and term of years shall cease, determine and be utterly void; and that then or at any time after, it shall and may be lawful to and for the said Master, and four Wardens of the Fraternity aforesaid, and their Successors for the time being, and their Rent-gatherer, Officer, or any other certain Attorney in their name, and to their use, into the premisses above demised, with the appurtenances, to re-enter, and the same to have again, &c. and the said L. W. and all other occupying, &c. thereof, thereout to expel, &c. In witness, &c.

A Lease from a Parson and Church-Wardens, with a Covenant for building, &c.

THis Indenture made between G. G. Dr. of Divinity, Parson and Proprietor of the Parish Church of, &c. J. M. and C. H. Church-Wardens, of the goods, works, rents and ornaments of the said Parish Church of the one part, and C. L. of, &c. of the other part, witnesseth, That the said Dean and Chapiter, and Church-Wardens, with the whole assent and consent of the Parishioners of the said Parish, for divers good causes and considerations them thereunto especially moving, hereafter in these presents mention­ed, viz. as well for the new building and erecting of the Tene­ment which is ruinous and in decay, hereafter in these presents, by them demised to the same W. as also for the encrease of the yearly Rent of the said Tenement being lately demised to, &c. deceased, have demised, granted and to farm-letten, &c. unto the said W. N. all that Tenement, with a Garden lying on the back-side thereof, belonging to the Parish of, &c. late in the tenure of, &c. scituate in, &c. between, &c. which said Tenement and a Garden on the South-part thereof, containeth in length from, &c. eighty four Foot assize, and in breadth from the North-corner of, &c. to the, &c. twenty Foot of assize, and in length, from the East-side of, &c. and from the South-corners of, &c. to, &c. Nineteen Foot and two Inches of assize, and all Rooms, Chambers, Cellars, Sollers, [Page 365]houses, gardens, yards, Entries, Easements, and all other Edifices and buildings, with all & singular their appurtenances whatsoever to the said Tenement & Garden belonging or appertaining, in as large & ample manner as the same were demised, used and occupied by the said, &c. his assigns, or any of them, To have and to hold, &c. yield­ing, &c. unto the Church-Wardens of the Parish for the time being, and to their Successors, to the use of the said Church the sum of, &c. at the, &c. And whereas the said Tenement is at this present in utter ruine and decay, and not meet to be inhabited, therefore the said W. N. for the consideration before-mentioned, doth for him, his, &c. covenant and grant to and with the said Church-War­dens, and their Successors, Church-wardens of the said Parish by these presents, that he the said W. N. his, &c. shall and will for his most benefit and commodity, erect and new build the said Te­nements, with good and well-seasoned Timber, within the space of, &c. and the same erected and built, shall and will sufficiently repair, maintain and keep, with all manner of reparations in and by all things whatsoever, as often as need shall require, during the said term-Covenant for re-entry upon non-payment or non-re­pairing. Covenant for quiet enjoying. Et similia.

A Lease from a Town or Corporation to commence at the end of a former, with several Provisioes.

THis Indentute made between the Mayor, Bayliffs and Bur­gesses of the Borrough and Town of, &c. in, &c. and H. T. of, &c. witnesseth, That the said Mayor, Bayliffs and Burgesses, by and with one full assent, consent and agreement, as well for and in consideration of the sum of, &c. to be paid unto the said Mayor, Bayliffs and Burgesses at the commencement of this present Lease, as also for divers, &c. and for and upon the conditions and provi­soes, hereafter in these presents expressed, have demised, granted, set and to farm-letten, and by these presents do, &c. unto the said H. T. all that their Burgage, Messuage and Tenement with the appur­tenances, scituate, lying and being in P. aforesaid, upon the East­side of a certain Close, there commonly called the, &c. late in the tenure of, &c. and also all that Shop, &c. and all and singular other the Houses, Edifices, Buildings, Barns, Stables, Shops, Rooms, Losts, Folds, Courts, Yards, Back-sides, Curtillages, Commons, Common of Pasture, and Turbury wayes, Waters, Easements, Li­berties, Profits, Commodities, Emoluments, Advantages and Ap­purtenances [Page 366]whatsoever, to the said Messuages, Burgage or Tene­ment, or Shop, or any of them, or any part or parcel thereof be­longing, or in any wise appertaining, or heretofore, &c. To have and to hold the said, &c. to the said, &c. from and after the end and expiration of one Lease heretofore made, &c. of the said premisses unto J. T. late Father of the said H. T. for the term of, &c. yield­ing and paying therefore yearly during the said term, unto the said Bayliffs for the time being, and their Successors, to the use of the said Mayor, Bayliffs and Burgesses, and their Successors, the annual or yearly Rent of, &c. at the Feast of, &c. only, during the said term, or within, &c. next after the same, if it be lawfully demand­ed, either by publick notice, or otherwise, for all manner of Rents, Boons, Duties, Sutes, Services and Demands whatsoever; and if it shall happen the said yearly Rent of, &c. that then and from thenceforth it shall be lawful to and for the said Mayor, Bayliffs and Burgesses, theirs, &c. into the said demised premisses, &c. and the distress or distresses, &c. until such time as the said Rent, &c. be fully satisfied and paid unto the said Mayor, Bayliffs, &c. and if no sufficient distresse may or can be found in and upon the said demi­sed premisses, or any part thereof, to satisfie the said Rent with the arrerages thereof; or that the said Bayliffs for the time being, be interrupted or hindered to distrain for the same, that then and from thenceforth, it shall and may be lawful to and for the said Mayor, Bayliffs and Burgesses, their Heirs and Successors, or any of them, into the said demised premisses, or any of them, with the appurte­nances, to re-enter, and the same to have again, re-possess and en­joy, as in, &c. this present Indenture, or any thing, &c. Covenant for reparations, and to leave it so. Proviso, That in case of non­payment of the Rent, or if the premisses shall be assigned to any person not dwelling or inhabiting within the said Burrough or Town, and who is not a free Burgess of the said Town, that then and from thenceforth, &c. Provided further, and upon this condi­tion, That if it shall happen the said H. T. to dye without issue male of his body lawfully to be begotten, before the commence­ment of these presents, and before the payment of, &c. being the consideration agreed upon to be paid for the same, then if R. T. of, &c. or the issue male of his body lawfully begotten, or J. T. or the issue male of his body lawfully begotten, do pay to the said Mayor, Bayliffs and Burgesses for the time being, their Heirs and Successors, the said sum of, &c. in manner and form as aforesaid, and also 20 l. to the issue female surviving of the said H. T. if there be any such then living within one year, then after their or either [Page 367]of their entry, that then and from thenceforth the said R. T. shall be interessed in these presents, to him and the heirs males of his body lawfully begotten; and for default of such issue, to the said J. T. youngest brother of the said H. and of the heirs males of his body lawfully begotten, he the said J. T. or his issue male paying the said sum of, &c. to the said Mayor, Bayliffs and Burgesses, and the said sum of, &c. to the issue male of the said T. H. in such man­ner and form, as is herein expressed, limited and appointed: and for default of such issue, then to the Heirs and Assigns of the said H. during the residue of the said term. In witnesse, &c.

A Lease for Three Lives, with a Letter of Attorney to take and give possession.

THis Indenture made, &c. between, &c. witnesseth, That the said. &c. for and in consideration of, &c. doth demise, &c. all that his Messuage and Tenement, with the appurtenances, and all and singular Shops, Cellars, Sollers, Chambers, Rooms, Entries, Wayes, Yards, Back-sides, Lights, Easements, Profits and Com­modities whatsoever, to the said Messuage or Tenement belonging or appertaining, or to or with the same used, occupied or enjoyed, late in the tenor, &c. scituate, &c. Habend the said Messuage or Tenement, and other the premisses, with the appurtenances, to the said, &c. and to his Assigns, for and during his natural life, the remainder thereof to the said F. his Wife, and to her Assigns, for and during the term of her natural life; Yielding, &c. during the said term or estates, and every or any of them, unto the said J. his Heirs and Assigns, the Rent of, &c. at the, &c. by even and equal portions, and yielding and paying therefore also unto the said J. his, &c. for and upon any alienation, demise or grant of the premisses, or of the greater part of them, and for and upon any change of Te­nant or Tenants of the premisses, during the said term or estates, or any of them, the Summe of &c. (toties quoties) for every change, alienation or demise, in the name of a fine for alienation, the same fine or fines to be paid to the said, &c. at the Messuage or Tene­ment aforesaid, within the space of, &c. next ensuing the first of the Feasts aforesaid, which shall next come or happen to be after any such alienation, &c. of the premisses, or the greater part thereof. A Covenant that they the said H. P. his Wife, and S. their, &c. or some of them, shall or will at or before the, &c. expend, disburse [Page 368]and lay out, in, upon or about the building, repairing, strengthen­ing or bettering of the said Messuage or Tenement, with the ap­purtenances, and other the demised premisses, the Summe of, &c. at or before the Feast of, &c. Provided alwayes, That if it shall happen the said yearly Rent of, &c. or the said fine or fines that shall grow due, &c. at any time during the life of, &c. to be be­hind and unpaid, in part or in all, by the space of, &c. next after, &c. or if the demised premisses, or any part thereof, shall be in decay or unrepaired by the said space of, &c. next after notice gi­ven, that then the estate of the said H for and during his natural life, shall cease, determine and be utterly yoid and of none effect, to all intents and purposes; or if at any time after the decease or determination of the said estate of the said H. and during the life of the said F. it shall happen the said yearly Rent of, &c. or at the said fine or fines to be behind and unpaid, &c. by the space of, &c. or that the said demised premisses shall be in decay or want repair­ing, &c. by the space of, &c. that then likewise the said estate of the said F. shall cease, determine, &c. and that then and at all times from thenceforth, it shall and may be lawful to and for the said J. his, &c. into the said demised premisses, with the appearances, and into every part and parcel thereof to re-enter, and the same to have again, repossess and enjoy, as in his and their former estate, and that thereupon this present Indenture of Lease to be void and of none effect, any thing herein, &c. And lastly, the said J. P. doth by these presents make, ordain, constitute, authorize and appoint, and in his state and place put his trusty and well-beloved Friends P. W. and J. M. to be his true and lawful Atturnies, joyntly or se­verally for him, and in his stead and name, to enter into and upon the said demised premisses, or into or upon any part or parcel thereof, in the name of the whole, for him, in his name, and to his use to take and keep, and after such possession so had and taken, full and peaceable possession and seizin of the same premisses, or of any part or parcel thereof in the name of the whole, for him, in his stead and name, to give and deliver unto the said M. R. F. his now wife, and S. B. or any of them, or to their or any of their certain Attorney or Attorneys, in that behalf authorized, according to the tenor, pur­port, effect, and true meaning of these presents, ratifying, allowing and holding firm, all and whatsoever his said Attornies joy [...]tly, or either of them severally, shall do, or cause to be done, in or about the premisses, by the tenor of these presents. In witnesse, &c.

A Letter of Attorney to deliver two Leases.

TO all to whom, &c. I W. L. of, &c. sendeth greeting: Where­as the said W. L. hath caused two several Indentures bearing date with these presents to be drawn and ingrossed, purporting se­veral demises and grants from the said W. L. unto R. G. of, &c. the one of them purporting a demise of all that one Close, &c. (as in the Lease is recited) with their appurtenances, now or late in, &c. lying and being in, &c. To have and to hold the said several Closes and premisses, and every part and parcel thereof, unto the said R. G. his, &c. from the, &c. as in the Lease yielding, &c. if demanded; and the other of them purporting a demise of all that Messuage or Tenement, with the appurtenances, &c. as in the Lease: To which several Indentures the said W. L. before the ensealing and delivery of these presents, hath put his hand and seal. Now know ye, That the said W. L. hath made, ordained, constituted, authorized and appointed, and by these presents doth, &c. his trusty and well-be­loved Friends R. S. &c. his true and lawful Attorneys joyntly and severally, for and in the name and place of him the said W. to enter and come into and upon the said several grounds, and all and singu­lar other the premisses above severally mentioned to be demised, or any part or parcel thereof, for, or in the name of the whole, and full and peaceable possession and seisin thereof to take and have, and being so entred, and thereof, or of any part thereof quietly posses­sed, then and there for and in the name, and as the proper act and deed in the Law of the said W. L. to deliver to the said R. G. or his lawful Attorney or Assigns in that behalf, to his proper use and behoof, the said several Indentures, to which the said W. L. hath put his hand and seal, as aforesaid, and also to do, say, exercise, exe­cute, conclude, determine and finish, all and every other act and acts, matter and thing whatsoever, which in and about the delivery of the same several Indentures, or either of them, shall be requisite and expedient to and for his said Attorneys, or either of them to do by all due and lawful circumstances so fully and effectually in every respect, as he the said W. L. might or could do, being perso­nally present at the doing thereof: Giving and by these presents granting unto the said, &c. the full and whole power, strength and authority of him the said W. L. in the execution of the premisses, and ratifying and allowing all and whatsoever the said, &c. or ei­ther of them shall lawfully do or cause to be done in the execution [Page 370]of the premisses, for and in the name of the said W. L. as the proper act and deed of him the said W. L. In witness, &c.

An Assignment of certain Debts by an Administratrix to Creditors.

TO all to whom, &c. I E. B. of London, Widow, Administra­trix of all and singular the goods, chattels, debts and credits, which late were R. B. my husbands, deceased, send greeting, &c. Whereas the said R. B. my said late husband, in his life-time stood indebted unto, &c. and unto every of them severally, in certain several Sums of Money: Know ye therefore, That I the said E. B. intending as much as in me lieth, to give content and satisfaction unto them, and every of them, Have given, granted, bargained, assigned and set over, and by these presents do fully, clearly and absolutely, &c. unto the said, &c. and to every of their Executors, Administrators and Assigns, all and every the Book-debts, Speci­alties, Obligations and Writings Obligatory, Acquittances and Receipts named and mentioned in a Schedule, &c. which are due and owing unto me the said E. as Administratrix, as aforesaid, by one, &c. and one, &c. by what name or names soever they be called or known, and by such their Sureties, as in the said Obligations or Writings obligatory, are named, as in and by the, &c. more plainly, &c. together also with all and every sum and summes of Money, commodity, profit, benefit and advantage, that shall or may come, grow or be had, made, gotten or obtained, of or by the said Book­debts. Obligations and Writings obligatory, and every of them, and all my right, title, interest, property, claim and demand, of, in and to the same, and every part thereof. And I the said, &c. for me, my Executors and Administrators, do covenant, grant and promise, to and with the said, &c. and every of them, their and every of their, &c. by these presents, That I the said E. B. have not heretofore released, or by any wayes or means discharged, the said Book-debts, obligations, writings obligatory, acquittances or Receipts, or any of them, or the several sums of Money in them comprized, or any part or parcel thereof; and I the said, &c. my, &c. shall not, nor will not at any time or times hereafter release, or by any wayes or means discharge the said Book-debts, obliga­tions, writings obligatory &c. or the said several Sums of Money, in them, or any of them contained, without the consent of, &c. first thereunto had, &c. and that I the said, &c. my, &c. shall and will permit and suffer the said, &c. joyntly and severally, at their [Page 371]costs and charges, to commence, pursue and prosecute all and every such lawful actions, futes and executions, which shall or may in any wise be commenced, prosecuted or brought against the said, &c. by reason of the said Book-debts, &c. and the same Actions, &c. shall and will avow, justifie and maintain, without fraud or guile. And that the said, &c. their, &c. shall or may quietly have, possess or enjoy to their own proper use and uses all and every such Sum and Summes of Money, Executions, and the benefit thereof which shall be had, levied, recovered or obtained by reason of the same, and shall have power and authority in the name of me to ac­quit, release, &c. the said, &c. for, touching, &c. the said Book­debts, &c. In witnesse, &c.

A Letter for Composition of half-debts.

TO all whom, &c. We E. E. &c. Citizens, &c. of London, Cre­ditors of P. P. &c. send greeting: Whereas the said P. P. the day of the date of these presents, is and standeth justly indebted, and doth owe unto us the several Parties above-named, divers and several Sums of Money: And by reason of the many losses, great hindrances, and other damages happened unto him, he is utterly unable (as he affirmeth, and as appeareth unto us) to give other satisfaction for our said debts, than by and with such goods and wares as are now remaining in his hands, and such debts, as are now at this present owing unto him, which we the said Creditors are unwilling to accept of, or any wayes to intermeddle with, but have rather resolved and made choice to undergo a certain loss, and to accept of 10 s. per l. or one half of the debts by him owing unto us, to be duly paid in full satisfaction of our said debts, in manner and form following, viz. When and as soon as all and every of us the Creditors above-named, have subscribed, sealed, and in due form of Law delivered in this present Writing to the use of the said P. P. then he the said P. P. his Executors, Administrators or As­signs, shall pay, or cause to be paid unto every of us the said Cre­ditors, our, &c. one fifth part of, &c. after the rate of 10 s. in the l. by these presents agreed upon to be accepted of, in full satisfaction of our said debts, and the remainder of our said debts, after the rate and agreement aforesaid in six parts being divided, to be paid at six several payments half-yearly, at such indifferent place and places, as we the said Creditors and every of us, our, &c. shall nominate and appoint. The first, payment whereof to begin and to be made on [Page 372]he, &c. next ensuing the date of these presents. The second pay­ment to be made, &c. Now know ye therefore, That we the said Creditors do covenant and grant, and every of us for his own part, and for his own, &c. doth covenant and grant to and with the said P.P. his, &c. and to and with every of them by these pre­sents, That if the said P.P. his, &c. or any of them, upon the en­sealing and delivery of this present Writing, by all and every of us the said Creditors, according to the effect and true meaning of these presents, do and shall well and truly pay, or cause to be paid unto every of us the said Creditors, our and every of our, &c. the said fifth part of our said Debts, after the rate of 10 s. per l. according to the agreement aforesaid, at the, &c. without any fraud, coven or further delay: And also, if the said P. his, &c. for the more sure payment of the residue and remainder of our said Debts, after the rate aforesaid, in six parts to be divided, and to be paid at six se­veral payments, at such dayes, time, place and places; and in such manner and sort as is above limited and expressed, do and shall at and before the, &c. become bound unto us, and every of us, our, &c. in double the Sum or Sums, in the condition or conditions in the same Obligation or Obligations, or Writing Obligatory to be specified. And further, if the same Obligations and every of them, shall be delivered unto every of us, or the Assign or Assigns of us, and every of us, at or before the said, &c. at such indifferent place or places as we the said Creditors, our, &c. shall nominate, that then from and after such payment made of the said first part of our said Debts, after the rate of 10 s. in the l. and after the same Obligation made and delivered unto us, for the several payments aforesaid, according to the limitation, effect, tenor and true mean­ing of these presents, we the said Creditors, and every of us the Executors, &c. shall and will bold our selves well contented and fatisfied, for all such debts as he the said P.P. his, &c. did formerly owe unto us, and every of us, before the ensealing of the same Obli­gations, and that then also we the said Creditors, and every of us, or the Executors, &c. within fourteen dayes next after the ensealing and delivery of the same Obligations unto us and every of us, ac­cording to the true meaning of these presents, shall and will seal, subscribe, and in due form of Law deliver unto the said P.P. his, &c. one general release or other discharge of all debts, duties and de­mands whatsoever by the said P.P. unto us and every of us formerly owing or payable, from the beginning of the world, untill some few dayes before the dare of the same obligation, so to be sealed and de­livered unto us, as aforesaid. Provided alwayes, That these pre­sents, [Page 373]nor any agreement, matter or thing herein contained, shall be of any force or effect to bind or charge us, or any of us the said Creditors, which have, or shall hereunto agree, seal and subscribe, before the first day of, &c. next coming after the date of these pre­sents. In witness, &c.

A Letter of License and Composition for payment at several times.

TO all, &c. we Creditors of, &c. send greeting. Whereas the said J.M. at this present time doth stand indebted, and justly oweth unto us the said Creditors divers and sundry Sums of Mo­ney, which by reason of many debts, and some of them very great, that are likewise justly owing him, and cannot be had and recovered without some respite of time, and some of them not without Sure, he is very much disabled to make present payment unto us the said Creditors, of our whole and just debt, as he seemeth willing and desirous. In consideration whereof, he instantly desireth and requireth, that we the said Creditors, and every of us, will be plea­sed to give and grant unto the said, &c. such liberty and respite of time, for the payment and satisfaction of our several debts, as he thinketh reasonable, for the obtaining, getting and recovering of his said debts, viz. that we and every of us would be contented to take, and accept of our said whole debts, in three equal parts to be divi­ded, and to be paid at 3. several payments in manner and form fol­lowing, viz the first payment thereof to be one equal third part of the said whole debt, and to be made on the, &c. the other two third parts thereof residue, to be divided into 4 equal parts, and to be paid at 4 six months then next following, viz. on the, &c. one equal part thereof, namely the other two, and one other 4th part thereof, resi­due on the, &c. in full payment and satisfaction of the said several debts; and for the more sure performance of the said several pay­ments aforesaid, in such manner and form as is above limited and declared, according to the intent and true meaning of these presents, he the said L.M. shall and will at or before the, &c. become bound unto us, and every of us the said Creditors respectively, by one ob­ligation in due form of Law to be made, with condition including all and every the said payments in such sort as is above limited, at some convenient place or places within the City of London, by every of us the said Creditors to be nominated and appointed, and the penalty of every obligation to be double the whole Sum inclu­ded in the condition of the same to be delivered to us, and every of us, our, &c. at or before the, &c. next ensuing the date hereof. Know [Page 374]ye therefore, That we the said Creditors, whose names are here­under subscribed, and every of us for his own part, and for his own, &c. for the consideration above specified and expressed, do by these presents willingly consent, covenant, promise and agree to and with the said J.M. his, &c. by these presents, That we the said Creditors and every of us, our, &c. respectively, shall and will accept and take of the said J. M. his, &c. all and every the said several debts and sums of money by the said J. unto us and every of us owing and payable upon such obligation and obligations, assurance and assurances, as aforesaid, to be paid in such manner and sort, and at such dayes and times as is above-limited and required. And further, That we the said Creditors, and every of us, our & every of our, &c. respectively, upon the delivery of the said Obligation unto us, and every of us, our and every of our, &c. shall and will at the charge of the said L.M. his, &c. seal, subscribe, and in due form of Law deliver unto the said J. M. one sufficient general Acquittance to be rendred by him the said J.M. his, &c. and to bear date and limita­tion before the day of the date of the said new Obligation to be made for the same debt, and also for and upon every payment made according to the Limitations aforesaid, and the intent and true meaning of these presents, at the like charge of him the said I.M. his, &c. shall and will seal and deliver unto the said I M. one suffi­cient Acquittance to be rendred by him the said I. M. his, &c. te­stifying every such payment, as aforesaid, for the better discharge of him the said I.M. his, &c. and every of them in that behalf. Pro­vided alwayes, and upon condition nevertheless, That these pre­sents, nor any promise, agreement, matter or thing herein con­tained, nor any act or thing acted by us, or any of us, or formerly done, knowledged or suffered touching the premisses, or to be done, knowledged or suffered, shall be of any force or effect, to bind or charge us, or any of us the said Creditors, who have or shall here­unto agree, seal and subscribe, unless all, and untill all and every the rest, and every of us the same Creditors above-mentioned, do and shall likewise before the, &c. now next coming, subscribe, seal and deliver these presents, in due form of Law, according to the intent and true meaning hereof, any thing herein contained to the contrary thereof in any wise notwithstanding. In witnesse, &c.

A Declaration upon a Bond made in a third persons name in trust.

TO all, &c. I, &c. send greeting. Whereas C. and E. by their Obligations, &c. (recite the Bond.) Now know ye, That I the said I. do hereby acknowledge and confess, That although the said Bond is made and taken in my name, yet nevertheless it is so taken only upon trust and confidence in me reposed by I.L. of, &c. and E. his wife, and to and for the uses, intents and purposes here­after mentioned; that is to say, That he the said I. L. shall have, receive and take the use and benefit of the said 300 l. during the joynt natural lives of them the said I. L. and E. his Wife, and that the said principal Sum, with the interest thereof, after the decease of either of the said, &c. is to remain, and be to and for the use of the Survivor of them, and for no other end or purpose. In witnesse, &c.

A Declaration (by a Wife) concerning the disposition of a Sum of Money according to a power reserved to her by her Husband, before Mar­riage, well penn'd.

TO all Christian People, to whom this present writing dupli­cate indented shall come, I E.T. Wife of R. T. of the Parish of, &c. in the County of S. send greeting. Whereas by an Indenture Tripartite, made the 12th day of May in the 16th year of, &c. be­tween the said R.T. by the name of R. T. Citizen and Salter of London of the first part, and me the said E. by the name of E. M. Widow of the second part, and W.H. of the said Parish of St. O. in S. aforesaid, Distiller, T.S. of the Inner-Temple, London, Gent. J A. of L. Clerk, and N.M. of the Parish of, &c. aforesaid, Clerk, of the third part; in consideration of a Marriage then shortly after to take effect between him the said R. T. and me the said E. it ap­peareth, that at the time of the making of the said Indenture, it was then indented, concluded and agreed betwixt him the said R. T. and me the said E. That I the said E. or any other person or per­sons, whom I shall think good, nominate or appoint (notwith­standing the said Marriage shall take effect) should and might have the full and free disposing of the Sum of one thousand pounds of lawful money of England, and of the benefit and profit thereof, and of every part thereof, from time to time, and at all times ensuing the said Marriage; and to that end, intent and purpose, he the said [Page 376]R. T. by the said Indenture did for himself, his Heirs, Executors, and Administrators, covenant, promise, grant and agree, to and with the said W.H. T.N. J.A. and N.M. and every of them, and the Executors and Administrators of them and every of them, that he the said R.T. his Executors, Administrators or Assigns, or some or one of them, should well and truly satisfie, pay and deliver, or cause to be satisfied, paid and delivered unto the said W.H. T.N. J.A. N.M. or to the Survivors or Survivor of them, or to the Exe­cutors, Administrators or Assigns of such Survivors or Survivor, the full Sum of a thousand pounds of lawful money of England, upon or before the first day of May, which shall be in the year of our Lord God, 1636. if I the said E. shall be living on the said first day of May, or within two years next after the death or decease of me the said E. or within three months next after the death or decease of the said R.T. at such of those cases which shall first and next happen, come or ensue after the date of the said Indenture, to be imployed and disposed of to such person and persons, and to and for such use, uses, intents and purposes, according as I the said E. should at any time or times then following, during my life, think good, order, appoint, give, limit, devise or dispose of the same, or any part or parts thereof, or otherwise, according to the intent and true meaning of the said Indenture. And it was hereby further co­venanted, granted, concluded and agreed upon, by and between the said parties to the said Indenture, and the said R.T. did there­by for himself, his Heirs, Executors and Administrators, and for every of them, covenant, promise and grant, to and with the said W.H. T.N. J.A. and N.M. and every of them, and the Execu­tors and Administrators of them, and every of them, that the said Sum of one thousand pounds, and every part and parcel thereof, should or might from time to time, be quietly had, taken, received and enjoyed, unto and by such person and persons, whom I the said E. should at any time or times during my life think good, limit, give, devise, order, appoint or dispose of the same one thousand pounds, or any part or parts thereof, either by my last Will and Testament in writing, or by any writing, purporting or intending to be my last Will and Testament, or by any other writing to be signed with my hand, or to which my mark should be put, in the presence of two or more credible persons as witnesses thereunto, as in and by the said Indenture, among other Covenants, at large ap­peareth; which Marriage (by the grace of God) sithence the ma­king of the said Indenture, was solemnized and consummated, and no declaration as yet hath been by me made, concerning the dispo­sing [Page 377]of the said one thousand pounds, or any part thereof, when it shall be due and payable; Now this present Writing witnesseth and declareth, That I the said E. T. hereby expresse my Will & Mind concerning the said one thousand pounds, when it shall become due, or be paid as aforesaid, to be as followeth; that is to say, If my said Husband R.T. be then living, and will become bound for himself, his Heirs, Executors and Administrators, by three several Obligations, of one thousand Marks apiece, unto them the said W.H. T.N. J.A. and N.M. or the Survivors or Survivor, or any them, or the Executors and Administrators of such Survivors or Survivor respectively and severally, conditioned for the payment unto them of three several equal parts of the said one thousand pounds, at the three such several and respective times or dayes, as my three Children by my former Husband shall attain to the Ages next hereafter mentioned, that is to say, K.M. to the age of twenty years, and T. and W. M. shall attain or come to their several ages of Twenty one years, that then the said W.H. T.N. J.A. and N. M. and the Survivors and Survivor of them, and the Executors and Administrators of such Survivor, shall upon such Obligations entred into, as aforesaid, quietly suffer him the said R.T. to detain in his hands the said one thousand pounds, and every part thereof, untill such several dayes and times, as the same shall be payable by the several Conditions of the said Obligations, so to be entred into by him, as aforesaid, without paying or allowing any interest or consideration for the same, and the said one thousand pounds, so payable by such Obligations or Conditions, of them, and by me dispensed withall as aforesaid, or otherwise sooner payable by the said recited Indenture, if my said Husband shall die, viz. within three moneths after his death (in which case of the death of my Husband, I do give no manner of dispensation for the payment thereof,) I do hereby also concerning the same expresse, assign and appoint (if I shall not otherwayes hereafter declare and appoint) that is to say, that the said one thousand pounds (and the whole proceed thereof, not disposed of, as aforesaid) shall be, come and redound, to and for the use and benefit of my said three Children, for them severally and respectively to have and receive immediate­ly after and upon their several ages above-mentioned, by such seve­ral and equal third parts, as aforesaid. Provided alwayes, and it is my meaning, and I do hereby appoint, That if any of my said Children shall happen to die before any of their several and respe­ctive ages above-mentioned, that then such third part of the said thousand pounds, as should otherwise have been payable unto such [Page 378]Child, shall remain and be paid by equal portions unto the Survi­vors of them; and if one of them onely survive, and the other two both of them happen to die before such their several ages, then both the parts hereby allotted unto them, shall wholly accrue and come unto such surviving Child only. And if all my said Children shall dye before they come to their said several ages, then my will and meaning is, That the said one thousand pounds, and the whole proceed thereof, shall come and be paid unto my loving Husband before-named, his Executors, &c. if I shall not otherwise hereaf­ter dispose of the same, according to the power and authority to me reserved, given and appointed by the said recited Indenture. In witnesse, &c.

An Indenture reciting a Lease for a year, and a Grant of a Reversion upon a trust, to several uses, reserving power to make Leases, and to revoke the trust.

THis Indenture made, &c. between A.B. and C. D. of the one part, and E.F. and G.H. of the other part, witnesseth, That whereas the said A.B. and C.D. by their Indenture bearing date, &c. made between the said A. B. and C. D. of the one part, and the said E.F. and G.H. of the other part, did bargain and sell unto the said E.F. and G.H. their Executors, Administrators and Assigns, all that, &c. To have and to hold all and singular the said Mannor Messuages, Lands, &c. unto the said E.F and G H. their Executors, Administrators and Assigns, from the Feast of St. Michael the Arch-Angel last past, before the date of the said recited Indenture, unto the full end and term of one whole year from thence next ensuing, and fully to be compleat and ended, yielding and paying therefore unto the said A.B. and C.D. their Heirs and Assigns, the Rent or Sum of 5 s. of lawful money of England, on the Feast day of the Nativity of St. John Baptist now next ensuing, as by the said Inden­ture may more better appear; by vertue whereof, and of the Sta­tute for transferring of uses into possession, the said E.F. and G.H. were and yet are possessed of the said Mannors, Lands, Tenements and Hereditaments, with all and singular the Premisses, with their Appurtenances. Now this Indenture further witnesseth, That the said A.B. for divers good causes and considerations him thereunto moving, and that the said C.D. by expresse direction and appoint­ment of the said A. B. hereby testified, have granted, released and confirmed, and by these presents do grant, release and confirm un­to the said E.F. and C.H. their Heirs and Assigns, all and singular [Page 379]the said Mannors, Messuages, Lands, Tenements, Mills, Heredi­ments and Premisses, before in these presents particularly mention­ed, or which in and by the said recited Indenture were bargained and sold, or meant, mentioned or intended to be hereby bargained and sold to them the said E.F. and G.H. as aforesaid, with all and every of the Appurtenances, together with the said Rent of 5 s. hereby reserved, and the reversion and reversions, remainder and remainders of all and singular the said Mannors, Messuages, Lands and Premisses, and every of them, and every part and parcel there­of, and all their and either of their estates, right, title, interest, use, possession, reversions remainders, claim and demand whatsoever, of, in and to the said Mannor, Messuages, Mills and Premisses, and every of them, and every part and parcel of them; To have and to hold all and singular the said Mannor, &c. and every of them, with all their and every of their appurtenances, unto the said E. F. and G. H. their Heirs or Assigns, to the several uses, intents and purposes hereafter in these presents mentioned; that is to say, to the use and behoof of the said A.B. during his natural life, with­out impeachment of any waste, and with liberty and power to commit any waste, and after his decease to the use and behoof of J. B. now Wife of the said A. B. And the said E. F. G. H. and C. D. their Heirs and Assigns for ever, upon special trust and confidence that they the said J.B. E.F. and G.H. or the Survivor or Survivors of them and their Heirs, shall and will make sale of all the said Lands and Premisses to the best advantage, and to dis­pose of all such Sum and Summes of Money which shall be raised hereby, in such manner, and to such purposes as the said A.B. shall in his life-time, by any writing to be by him subscribed and sealed in the presence of two credible witnesses or more, by his last Will and Testament in writing, declare or appoint. Provided alwayes, and it is hereby agreed, by and between all the parties to these pre­sents, and by them declared to be their true intent and meaning, that it shall and may be lawful to and for the said A B. at any time or times during his natural life, to make any demise, lease or grant, demises, leases or grants by Indenture or Indentures, of all or any part of the said Mannor, Messuages, &c. either in possession or re­version, or otherwise, to any persons whatsoever, or for any term or terms of years, or for the life or lives of any one or more person and persons, or for any term or terms of years determinable upon the death of any one or more person or persons, or for any other term or terms whatsoever, with or without any Rent or otherwise howsoever, as by the said A.B. shall be thought fit and convenient, [Page 380]and that from and immediately after the making of such demise, lease or grant, demises, leases or grants, the said E.F. and G,H. and their Heirs, during the life of the said A.B. and after his death, they the said J.A. E.F. G.H. and C.D. and the Survivor or Survivors of them, and their heirs, shall stand and be seized of such part, or so much of the said Mannor, Messuages, Lands, Tenements and Pre­misses, as shall be at any time or times hereafter leased or demised, as aforesaid, to the use of such person or persons respectively, to whom the same, or any such demise, lease or grant shall be so made, of such estate, term and interest, and in such manner and form as the same shall so happen to be leased or demised, according to the true meaning of these presents, and of every such demise and lease, so that such lessees or grantees, during his or their several lease or leases, grant or grants, or interests, do pay, or cause to be paid the Rents or Sums of money reserved or appointed to be paid, and ex­pressed in and by the Indenture of his or their said lease or grant to such person or persons, to whom the same from time to time shall by the purport and true meaning of these presents belong, or ap­pertain, according to the purport and true meaning of the same leases, any thing before in these presents contained to the contrary thereof in any wise notwithstanding. Provided also, and it is further agreed by and between all the parties to these presents, and by them declared to be their true intent and meaning, That if the said T.G. shall at any time during his natural life be minded to alter, change or make void all or any the use or uses, trust or trusts hereby decla­red, or any of them, and shall to that purpose by any writing to be by him sealed in the presence of two or more credible witnesses, de­clare and signifie such his mind and intention, that then and from thenceforth, from and after such signification and declaration so to be made, as aforesaid, such of the uses and trusts hereby limited of, for and concerning the said Lands and Premisses, and the profits of them, or of or concerning such part, and so much thereof, concern­ing which such declaration shall be made, shall cease, determine and become utterly void, frustrate and of none effect, and that then and from thenceforth the said E.F. & G.H. and their Heirs, shall stand and be seized thereof, or of such part thereof, concerning which such declarations shall be made, to and for such uses, or such declarations shall limit, declare and appoint the same; and for default of such declaration or limitation, then to the use, benefit and behoof of the said T.G. his Heirs and Assigns, and to and for no other use, intent or purpose whatsoever, any thing before herein contained to the contrary thereof in any wise notwithstanding.

[Page 381] Memorandum, That after the sealing and delivery of the bargain and sale within-mentioned, by the said A. B. and C. D. to the within-named E. F. and G.H and after that the said E. F. and G.H. had accepted of the said Bargain and Sale, and had sealed & delivered the Counter-part thereof, as their act and deed, then this present Deed was sealed and delivered by the within A.B. and C.D. in the presence of, &c.

An Assignment and Letter of Attorney of several Bonds.

TO all Christian People, to whom these presents shall come, I T.G. of, &c. send greeting. Whereas T.E. of, &c. L.H. of, &c. and Sir W.H. of, &c. in and by their obligations bearing date the, &c. do stand joyntly and severally bounden unto me the said, &c. in the Sum of 800 l. with condition thereupon endorsed for the payment of 406 l. on the thirteenth day of December, then next en­suing the date of the said Obligation, at or in the then dwelling­house of W.C. in, &c. And whereas also Sir T.B. Esquire, Sir E.S. Knight, and Sir T.M. Knight, in and by their obligation bearing date the, &c. do likewise stand bound unto me in the Sum of 600 l. with condition thereupon endorsed for payment of 310 l. on the nineteenth day of November then next ensuing the date of the said Obligation, at or in the, &c. And whereas also, &c. as in and by the said several recited Obligations more at large it doth and may ap­pear. Now know ye, That I the said T.G. for divers good and va­luable considerations me hereunto especially moving, have granted, assigned and set over, and, &c. to W.P. of the Middle Temple Lon­don, Gent. all and singular the bonds and debts aforesaid, and have made, assigned, constituted and ordained, and in and by these pre­sents do make, assign, constitute & ordain the said W.P. my true, law­ful and irrevocable Atturney in my name, but to the only proper use and behoof of him the said W.P. his Executors and Administrators, to ask, demand and receive of the said several Obligors bound by the said recited Obligations, the said several Sums of money in the said recited conditions mentioned respectively, giving, and by these presents granting unto my said Attorney full power and authority, if need shall be, to sue, arrest, attach, implead, condemn and impri­son the said parties Obligors, and every of them, and their, or every or any of their bodies, goods and chattels in execution to take, & out of execution to deliver, either upon satisfaction, composition, or otherwise, at the will and pleasure of my said Atturney, acquittance [Page 382]or any other discharges in my name to seal and deliver; Atturney or Atturneys, one or more under him the said W. P. his Executors and Administrators, to make, substitute and revoke, and generally to do, execute, prosecute and determine all and every other act and acts, thing and things whatsoever, which in or about the Premisses, or any part thereof, shall be needful, necessary or convenient, as fully, wholly and effectually, and in as large and ample manner and form, to all intents and purposes, as I the said T. G. my Exe­cutors and Administrators, might or could do personally without any accompt thereof to be yielded to me, my Executors or As­signs; and whatsoever my said Attorney shall do or cause to be done, in, about or concerning the Premisses, I do by these presents ratifie, confirm and allow the same, and also do for my self, my Executors and Administrators covenant, &c. to and with the said W. P. his Executors and Administrators, that the said recited Ob­ligations and every of them, now are and stand in full force and effect; and that neither I, my Executors and Administrators shall not at any time hereafter acquit, release or discharge them, nor any of the Moneys due upon the aforesaid Obligations, or any of the said parties Obligors bound in and by the said recited Obligations, or any of them, their or any of their Executors or Administrators, or any of them, of and from the same, or the Sums of Money in them or any of them mentioned, or any part thereof, without it be by the consent of the said W. P. his Executors or Administrators in writing. And further, That I the said T. G. my Executors and Administrators, shall and will ratifie, confirm and allow all such lawful Actions and Sutes, and other things whatsoever, as he the said W. P. his Executors, Administrators or Assigns, or any of them, shall at any time hereafter bring, sue, commence, prosecute or pro­ceed in or against the said Parties Obligors bound in or by the said recited Obligations, or any of them. And lastly, That I, my Executors or Administrators, shall upon every reasonable request of the said W. P. his, &c. give to the said W. P. his, &c. such fur­ther Letter or Letters of Attorney, and power for the receiving and recovery of the debts aforesaid, and every of them, as by the said W. P. his Executors or Administrators shall be reasonably demised and acquired.

A Condition upon the granting of a Toties quoties for Replevin.

WHereas the above-named G. S. by vertue of his Office, as Steward of the Mannor of S. above-named, hath granted forth a Precept for the replevying and delivering of one Bay Gel­ding of the Goods and Chattels of the above-bound G. S. unto him the said G. being now impounded by N. out of his Lease of ground in, &c. and also to replevy the said Gelding of the said G. so often as he shall be impounded by the said N. or any of them: Now therefore the Condition, &c. That if the said G. S. with effect do prosecute the said Action, and all other such Actions as shall be brought by him for the impounding of the said Gelding, and re­turn the same so oft as return by Law thereof shall be adjudged, and him the said G. from time to time, and at all times hereafter, do and shall well and truly save, defend and keep harmless and in­dempnified against all men for and concerning the granting of the said Replevin, that then, &c.

A Condition that a Lords Bayliff shall give a true account of his Bayliffship.

THe Condition, &c. That whereas the Right Honourable, &c. hath constituted and appointed the above-bound J. S. to be Bayliff in his Mannor of, &c. and Collector of his Rents, Reve­nues, Perquisites, and Profits there, during his Lordships pleasure; if therefore the said J. H. by himself, or his sufficient Deputy, do and shall from time to time, for and during his continuance and exer­cise of and in the said place and office, demean himself therein, without voluntary concealment, fraud or deceit, towards his said Lordship, and do and shall yearly, during such his continuance and exercise at the audits to be kept for his said Lordship, yield and make true and just accompts to the auditor for the time being, of the said Mannor and Premisses, and also make current payment and satisfaction to his Receiver of the Premisses for the time being, or other Officer or Officers in that behalf to be authorized and ap­pointed, at or before every such audit and audits, of and for all and every such Sum and Sums of Money, Rents, Revenues, Fines, Issues, Goods, Chattels, Profits and Perquisits as then shall have come to the hands of the said J. S. his Deputy or Deputies, or as he [Page 384]or they ought justly to be charged withal to his said Lordship, for or in respect of the said office or place, that then, &.

A Condition to pay Childrens Portions and shares of their deceased Fa­thers estates.

THe Condition, That if the above-bound R. Y. his, &c. pay and deliver, or cause to be paid and delivered unto the above-named W. E. and M. natural Children of the above-named N. late of R. aforesaid, their late Father deceased, their several filial portions, or childs parts of the goods and chattels of their said late Father deceased, according to the Inventory thereof, and also accompt and render unto them their just shares of all other their rights due unto them by vertue of the last Will & Testament of their said father, when they come to the full age of twenty one years; or happen to be married; and also honestly, ac­cording to their degrees educate, and bring up the said children, during the time of their nonage, with meat, drink, apparel and lear­ning; and if it happen any of the said children to dye before they come to full age, or to be married, then if the said R. Y. do content and pay the portion, and other rights of him, her or them so dying, to whom the Law shall appoint the same to be paid, or who by proximity of blood ought to have it, and also save and keep harm­less the above named, &c. Comissary, and all other the officers, that then, &c.

A Condition that the Heir shall make no claim.

THe Condition, &c. That whereas R. G. of, &c. father of the above-bound R. is possest of one messuage or tenement, and certain customary Lands thereunto belonging, holden of the Right Honourable, &c, as of the Mannor of, &c. called or known by the name of, &c. now in the occupation of, &c. out of which messuage or tenements is issuing the yearly rent of, &c. and where­as the said R. the son, for and in consideration of a certaine com­petent sum of, &c. to him the said R. by the said J. well and truly contented and paid, whereof and wherewith the said R. acknow­ledgeth himself fully satisfied, hath granted and agreed that the said J. (by and with the consent of the said R. the father) shall have & enjoy to his own use for ever, the said messuage or tenement, lands and premises, and all the estate, right, title and interest, which the said R. the son now hath, or at any time hereafter may, might, [Page 385]should or ought to have, of, in and to the same, from, by or under the right, title or interest of the said R. the Father, or as heir unto him; if therefore the said R. the Son, his, &c. nor any of them, do not at any time hereafter make or cause to be made any claim or demand, of, in or to the said Messuage or Tenement and premisses, or any part thereof, from and after the decease of his said Father, but to permit and suffer the said J. G. his, &c. and every of them, to have, possess and enjoy, to his and their own use for ever the said, &c. and every part thereof, without any let or disturbance of or by him the said R. the Son, his, &c. or of or by any other person or persons, or by his, their or any of their acts, means, consents or procurements, clearly released, acquitted and discharged of and from all incumbrances whatsoever, by him, them, or any of them had, made, committed or done, or to be had, made, committed or done in any wise, that then, &c.

A Condition to appear before the Justices of Peace, &c.

COndition, &c. That if the above-bound S. T. do personally appear in the custody of the Bayliff within-written, or his De­puty, before the Justices, &c. the Monday next after the Nativity of St. John Baptist, at the Town of, &c. to find there before the said Justices, good and sufficient Sureties for the Peace, and to behave and bear himself well and peaceably against, &c. and in the mean time keep the peace of the Common-wealth, and from thenceforth save and keep harmless the within-named, &c. for and concerning the premisses, that then, &c.

A Condition to suffer ones Wife to make a Will, and to surrender a Copy-hold to his and her use.

THe Condition, &c. That whereas there is a Marriage, &c. Now if the said J. F. do and shall after the celebration of the said Marriage, and during the coverture, permit and suffer the said F. S. to make her last Will and Testament in writing, or otherwise, and by the same to give and dispose of the Goods and Chattels, or ready money of him the said J. F. to the value of, &c. or under, at her will and pleasure, to such person and persons, and for such in­tents and purposes as she the said S. shall by the same Will nomi­nate and appoint; And also if the said J. F. his, &c. (after the said [Page 386]Will shall be so made and published under testimony of sufficient witnesses) do and shall well and faithfully execute and perform the same Will, or suffer the same to be duly executed and performed. according to the intent and true meaning of the said S. F. and also if the said I. F. do and shall at the next Court to be holden for the Mannor of, &c. surrender into the hands of the Lord of the said Mannor, according to the custome of the same, all that his Man­sion-house, &c. to the use and behoof of the said I. F. and S. F, for and during their natural lives, and the life of the longest liver of them; and after the decease of the Survivor of them, then to the use and behoof of, &c. that then, &c.

A Letter of Attorney to receive money due upon several Bonds, allowing the Attorney his reasonable charges, and out of that money which he shall receive, to satisfie himself of such moneys as are due to him for him which makes this Letter.

TO all men to whom these presents shall come, W. R. of Tat­tersel in the C. of Lincoln Yeoman, sendeth greeting. Know ye, That I the said W. R. for divers good, sufficient, and reason­able causes and considerations me hereunto moving, but especially for and in respect of certain several Sums of money heretofore to me paid by C. H. of T. in the said C. of Lincoln, Gentleman, have authorized, constituted, nominated, made and ordained, and by these presents do authorize, constitute, nominate make, ordain, and in my place put in the said C. H. my true, faithful, lawful, undoubted and irrevocable Attorney, from henceforth for me and in my name to ask, receive, gather and take all such Sum and Sums of money, as are already due, or hereafter shall or may become due unto me the said W. from any person or persons herein hereafter mention­ed and expressed; as also all such Sum and Summes of money as were due unto E. now my Wife, in her Widowhood, or hereafter may or shall be due to her by any person or persons whatsoever, and herein hereafter mentioned and expressed, by vertue of any Bill, Bond, or any other Writing or wayes whatsoever; that is to say, to ask, gather, receive and take of A.B. of C. in the C. of E. Yeoman, the Sum of Ten pounds of lawful English Money, due unto me by virtue of one Bond or Writing Obligatory, from the said A B. to me the said W. R. dated the last day of June last past, before the date hereof, as in and by the Condition of the said ob­ligation, reference being thereunto had, more plainly & at large it [Page 387]doth and may appear, and also Forty shillings of lawful English money, from, &c. Then name every particular Sum, and set them down according to their several names, sums and dates as they are, and insert these Covenants following, as in and by the several con­ditions of the said Bonds, whereunto relation being had, more plainly and at large it doth and may appear: For the recovery of all which said several Sums of money, which shall arise or grow due unto me the said W. R. by vertue of any or either of the said Bonds, yet in arrear, due and unpaid, I do by these presents give full power and authority unto the said C. H. for me, and in my name, and to my use as aforesaid, to receive, and upon non-pay­ment of them or any of them, to bring, sue and prosecute for me, and in my name, all and all manner of Actions whatsoever, as well real as personal, and the same to prosecute and follow by sute, ar­rest, imprisonment, judgment, condemnation, execution or other­wise: And one Attorney or more for the doing of the premisses to make, and the same at his will and pleasure to revoke, and new in his or their place to be put, in as large and ample manner as I might do, if the same were by me in proper person done, com­menced, sued or taken, to the onely benefit and behoof of me the said W. R. allowing to the said C. out of the said Sum or Sums of money, so by him received, his reasonable, lawful and necessary expences and charges laid out or disbursed in hand or otherwise, in and about the recovery, getting and procuring of the said Sums of Money, or any of them, with allowance and payment of all such reckonings, Sum and Sums of money as are due to him the said C. by me the said W. as shall or may appear upon any reckoning, bill, bond or otherwise, under my hand and seal, or by sufficient witness. And I do by these presents covenant, promise and grant, to and with the said C. his Executors, &c. That I, my Heirs and Assigns, shall and will at all times hereafter, ratifie, confirm and allow whatsoever my said Attorney shall do, or cause to be done, in or about the Premisses. In witnesse, &c.

A Copy of a Lease to try a Title.

THis Indenture made, &c. between, &c. witnesseth, That the said A.B. for divers good causes and considerations him there­unto especially moving, hath demised, granted, and to farm-let­ten, and by these presents doth demise, grant, and to farm let unto this said W. M. all that Messuage or Tenement with the appurte­nances, [Page 388]scituate and being in N. aforesaid, and all Houses; Edifices, &c. now or late in the tenure or occupation of C.D. or his assigns, To have and to hold the said Messuage or Tenement, and Premis­es, with the Appurtenances, before by these presents mentioned to be demised, &c. for 3. years, or more, &c. yielding and paying, &c. being lawfully demanded. Provided alwayes, and upon this con­dition, That if the said A. B. his Executors, Administrators or As­signs, or any of them, do well and truly pay, or tender, or cause to be tendred or paid to the said W. M. his Executors, Administrators or Assigns, at any time, during the continuance of this present De­mise, the Sum of 12 d. of lawful English money, that then and from thenceforth this present Indenture, and every article and thing here­in contained, shall be utterly void, and of none effect: And that then also, and from thenceforth it shall and may be lawful to and for the said A. B. his Executors, Administrators and Assigns, or any of them, into the said Messuage or Tenement, and Premisses, with the Appurtenances, and in every part and parcel thereof, to re-en­ter, and the same to have again, repossess and enjoy, as in his and their former estate, any thing in these presents contained to the contrary thereof containing in any wise notwithstanding. In wit­nesse whereof, &c.

A Discharge made to the Sheriff (for a Prisoner) from him to whom the Prisoner is indebted.

KNow all men by these presents, That I A. B. of C. in the C. of L. have remised, released, acquitted and discharged, and by these presents do for me, my Heirs, Executors, Administrators and As­signs, remise, release, and fully and absolutely acquit and discharge T. J. High-Sheriff of the C. of L. aforesaid, and J. B. his Under-Sheriff, their Heirs, Executors and Administrators, of and from all and all manner of escapes as well voluntary as negligent, and of and from all Actions, cause and causes of Actions, for or concern­ing the enlarging or setting at liberty of the body of J. S. taken at my sute by vertue of a Capias ad Satisfaciendum to the said Sheriff directed of 8 l. debt, and 15 s. costs of sute, returnable in the Court of Common-Pleas, in Hilary Term last past; And I the said A. B. do hereby discharge the said Sheriff from all Actions, Reckonings, Duties and Demands whatsoever, concerning the executing of the said capias ad Satisfaciendum. In witnesse whereof, &c.

An Indenture of Partition, where two have taken a joynt Lease of Messuage and Lands, &c.

THis Indenture made the 5. day of June in the year of our Lord God, according to the account used in England, One thousand six hundred fifty and one, between A. B. of, &c. of the one part, and C.D. of, &c. of the other part. Whereas the said A.B. and C.D. do hold joyntly for term of certain years, yet during and unexpi­red, all that Messuage, Tenement or Farm-house called, &c. situate in B. in the County of, &c. and all houses, edifices, buildings, barns, stables, orchards & gardens thereunto belonging, with their appur­tenances, and also all those several Closes of arable Land, called or known by the name of, &c. and containing by estimation, &c. & all that great Meadow situate, &c. containing, &c. and all those Parcels or Cow-Pasture, next adjoyning to, &c. called, &c. and containing, &c. And all that parcel of wood-ground called B. Wood, with divers other Parcels; with all and singular Profits and Commodities there­unto belonging or appertaining, by one Indenture or demise, bear­ing date the, &c. made between W. L. of, &c. Gent. of the one part, and the said A.B. and C.D. of the other part, yielding and paying therefore the yearly Rent of, &c. at two usual dayes of payment in the year, that is to say, &c. by equal portions: And the said A. B. and C D. do thereby covenant to pay the said Rent of, &c. in manner, &c. and also for and during the said term to repair the said Messuage, and all other the Premisses, as also the Hedges, Ditches and Mounds belonging to the demised Premisses, and at the end of the said Term, do Covenant to leave the same well and sufficiently repaired into the hand of the said W. L. his, &c. as in and by the said Indenture of Demise, relation being thereunto had, it doth and may more fully and at large appear.

Now this Indenture witnesseth, That the said A.B. and C.D. have with their full and whole consent, and by and with the advice and assistance of E.F. of, &c. and G.H. of, &c. by them respective­ly chosen for that purpose, made an equal division and partition of the said demised Premisses, into two equal parts or moieties, to the end, intent and purpose that the said A.B. and C.D. and their se­veral and respective Executors, &c. may have, hold, occupy, pos­sess and enjoy the said equal parts and moity of the said demised Premisses, during the remainder of the said term, in manner and [Page 390]form following, that is to say, That he the said A.B. his Executors, &c. shall and may during the remainder of the said term, have, hold, and enjoy the moity, partition or half-part of the said Mes­suage or Tenement, Houses, Edifices, Buildings, Barns, Stables, Orchards, Gardens, Lands and Premisses, as the same are divided and set apart, as aforesaid, that is to say, all those several Rooms scituate at the West End of the said demised Messuage, called by the name of the, &c. the, &c. the. &c. and all that great Barn scituate at the, &c. and all that, &c. (so naming every parcel as allotted) in full recompence of his due part and portion between them, of the said demised Premisses, and that the said C.D. his Executors, &c. shall during the remainder of the said terms, have the other moity, partition or half-part of the said Messuage or Tenement, Houses, &c. as the same are divided and set apart as aforesaid, that is to say, all those several Rooms scituate at the East-end of the said Messua­ges, &c. (as above-named the parcels) in full recompence of his due part and portion between them of the said demised Premisses: To have and to hold, to either of the said parties, their Executors, &c. severally, as is abovesaid, from the day of the date hereof, un­to the full end and term of, &c. And it is covenanted, granted and agreed by and between the said Parties, That the said yearly Rent of, &c. to be due to the said W. L. or his Assigns, from time to time during the continuance of, &c. shall be equally paid between them the said A. B. and C.D. their Executors, Administrators and Assigns, as Tenants of the said demised Messuage and other the Premisses, from time to time, during the said term, either of them for the said part and portion allotted, as is aforesaid. And the said A.B. for him, his, &c. doth covenant, promise and grant, to and with the said C.D. his, &c. to save, defend and keep harmlesse and indemp­nified the said C.D. his Executors, &c. of and from all prejudice, loss or damage which shall happen or come unto him the said C D. his, &c. for or by reason of any breach of any of the covenants and agreements specified and comprized in the said Indenture of Lease, or other things whatsoever which shall or may be had, made, done, committed, omitted or suffered by him the said A.B. his. &c. for or in respect of his said moity, or half-part of the demised Premisses, or any part thereof: And the said C.D. doth for him, his, &c. co­venant, promise, grant and agree, to and with the said A.B. his, &c. ut supra.

And for the true keeping, performance and observation of all and singular the said partitions, covenants, conditions, payments, agreements and articles here before expressed, either Party bindeth [Page 391]himself, his Heirs, Executors and Administrators, to the other by these presents in the Sum of, &c. In witnesse, &c.

Judge Cook his Articles, which the Chief Constables of every Hundred are to observe and answer unto at the beginning of every Assize, viz.

IMprimis, What Felonies have been done within their Hundred from the Assizes next before, against whom, and at what time, and wherefore, and what pursuit hath been made for the Felonies, and in whom default of pursuit of Felonies hath been?

2. Item, what vagrant and suspected persons have been appre­hended within that time within their Hundred, and what hath been done with them, and by whose default any such persons have esca­ped from apprehension, and how the watches have been kept in every Township, between the Ascension and Michaelmas?

3. Item, what Recusants are within their Hundreds, and come not to the Church according to the Law?

4. Item, what decay of Houses, Husbandry, hath been since the beginning, &c. within their Hundreds, which had twenty Acres of Land, Meadow and Pasture, to them, when decayed, and by whom?

5. Item, what grounds within your Hundreds that have been used to be tilled ordinarily, any twelve years since the beginning, &c. been turned from Tillage to Pasture, by whom, and when?

6. Item, How many Ale-houses be in that Hundred, and in what places, and where they be? How many be licensed, and by whose licence, and how many without licence, and who they be, and whether punishment have been done to the offendors, accord­ing to the Statute?

7. Item, whether such Ale-houses as are licensed, do observe the Articles prescribed to them?

8. Item, who have made any ingrossing, fore-stalling or regrating within their Hundred, and whereof, and where put in ure?

9. Item, who they be that make Mault to sell, of Corn not be­ing of their own tilth or rent-corn, not being licensed thereunto, according to the Statute lately made?

10. Item, To observe and answer how Vagabonds are taken up and punished, and to see how the impotent poor are provided for, without being suffered to wander abroad for relief out of the Pa­rish.

[Page 392]11. Item, You shall enquire of what value and sufficiency of estate and discretion, the Petty Constable is within every several Town within his County, that hereafter no man be admitted to be a Petty-Constable, except he be a Subsidy-man, and of good un­derstanding.

12. Item, You shall inquire and present all Masters that shall retain their Servants out of their general Petty-Sessions, or give greater Wages than shall be set down by the Justice, and whether the Petty Sessions be duly kept at the times accustomed, so as none may be retained but in Petty Sessions, except it be in cases of neces­sity, and then the said retainer to be known unto the Chief-Con­stable of the Hundred, and to be entred into their Book.

13. Item, You shall give warning to every Petty Constable, that every one in his or their several Parish or limit, do take heed that no Cottage be newly builded, that every Constable when he shall see any stuffe or stone, clay or timber provided by any Inhabitants within his Parish, and minded to build a Cottage, shall speedily give notice thereof to the Justices of Peace for that limit, that the said Justices of the Peace may take present order for the suppressing thereof.

14. Item, If any Lord or Free-holder, out of his private Devo­tion, or otherwise, shall build or erect any Cottage, not laying thereunto four Acres of Lands, according to the Statute, then the Justices of the Peace shall take order, that the said Lord or Free­holder shall maintain the Poor that shall inhabit in the said Cot­tage; and if the said Lord or Free-holder shall refuse so to be or­dered, then the said Justices of the Peace shall take Recognizance of such Lord or Free-holder for their appearance at the next Assi­zes, and general Goal-Delivery, to answer for his refusal and con­tempt, as for the building of the said Cottage.

15. Item. You shall make diligent inquiry, what unlawful games, drunkenness, whoredom, incontinency, evil, vile and other disor­ders, be committed by Masters of Housholds in their several Fa­milies, or by their Children or Servants for want of good govern­ment of the Housholders, and to present the same, for that upon the good ordering of private Families, the Commonwealth doth depend.

16. Item, You shall make diligent inquiry, what Servants before the time they were retained to serve, were turned out of service, and for what cause the Servant is so turned away; for that thereby many become Rogues and idle persons; and to present the same, to the end Masters may be punished for such offence, according to their demerit in that behalf.

[Page 393]17. Item, To inquire of all Purveyors and Poulterers which but any Victuals, and sell the same again at unreasonable Rates.

18. Item, To inquire of all Dove-houses erected or maintained by any not being Lord of the Mannor, or Parson of the Town.

Points of Law by R.O. concerning Lord and Tenant, &c.

1. IF the Lord take away any part of the Demised Premisses, and exclude the Tenants by walls, &c. it is an extinguishment of his Rent.

2. If a Landlord covenant with his Tenant to rebuild any Room, and do not, whereby the Tenant receiveth loss, the Tenant may have an Action upon the Case, upon his Parol-covenant, wherein he may recover what he can prove himself damnified.

3. If the Landlord hath manure lying in the ground of the Te­nant, and except it not at the Demise, the Tenant may dispose the same as he sees cause for his own conveniency; for being a place for a manure-hill, the Tenants necessity will require use of it; and that the Tenants may better and safer dispose it, let him mix some of his own manure with it, and then he may either sell it, or lay it upon what ground he will.

4. The Landlord digs a Saw-Pit, &c.

After the ground let, it is the Tenants, and he may have an Action against any that during that time, without his consent meddles with it.

5. The Landlord after the Demise, lops, tops, cuts and fells Timber, Willows, Sallows, Thorns and other Wood; during the Lease the Landlord cannot without consent of the Tenant meddle with the Woods not being excepted in the Lease.

6. The Tenant may cut any Water-boughs, Thorns, Willows, Alders, &c. for necessary Hedge-boot, Fire-boot, but not to sell; and if he left Ashes, 'tis an Action of Waste in the Tenant.

7. If the Landlord lay Hay in any Room of the Tenant, &c. and the Tenants Man or Maid, or himself fodder his Cattle with it, what remedy hath the Landlord against the Tenant, and the Te­nant against the Landlord?

An Action lieth against the Lord for laying his Hay there; but the property of the Hay there is still notwithstanding in the Land­lord; and if the Tenant fodder his Cattle with it, the Lord hath his Action.

[Page 394]8. If a man let a Cow to her, and after take her to the Market to sell, and do not, an Action of Trespasse lieth against the Owner for driving of her to the Market.

9. If he [...] the Cow is letten sell the Cow, and render the mon [...] [...] Owner, what danger to him that sold her?

The Cow is to be returned, and not her price; and [...] refuse the price, he may bring his Action, but shall recover but her worth.

10. If the Lord promise to put in repair any houses, &c. and do not, if any of them fall down for want of mending, what remedy hath the Landlord against his Tenant for not repairing the same?

An. If any of these things that the Lord was first to put in re­pair, and did not, decay, the Tenant is not bound to repair them; and if by permission they come to ruine, it is the Landlords fault, and the Tenant is free.

11. If the Landlord promise to fence in a piece of ground, where the Tenant is to sow Hemp and Corn, and do not, but so as the Tenants goods cannot be kept out, but destroy his Corn.

An Action upon the Case lying against the Lord upon the Pro­mise.

12. Cutting up Timber-Trees, Fruit-Trees, Hedgerow-Trees that shelter the houses, are waste; the Tenant hath interest in the rest, if not excepted.

13. A.B. hath his Horse strayed from him, and finds him in the custody of C.D. and demands him of C.D. finding him in C.D. his draught, and C.D. will not deliver him without 8 d. per week al­lowance, and by delayes detains the Horse till the year be expired.

A.B. may recover his Horse by Detinue, or Action upon the Acti­on of Trover and Conversion, wherein he must prove the Property of the Horse to be his, and the other will be allowed fitting recom­pence for his Food, but no longer than until he was owned, and amends rendred.

14. If a Tenant upon an arbitrement give a Release to the Landlord, whether will that Release free any other that the Land­lord hath caused to wrong the Tenant?

Ans. For any thing that any other hath done joyntly with the Lord wherein the Tenant was indamaged, this Release may be pleaded in Law, but not in actions done by any other without the Lords joyning.

A Charter-party with extraordinary Covenants and Clauses therein contained.

THis Charter-party made and indented the Three and twen­tieth day of August, in the year of our Lord God, One thou­sand, six hundred, thirty and eight, according to the new stile, be­tween H C. of Slego in the Kingdom of Ireland, Merchant, of the one part, and R. T. of Newcastle upon Tine, Master, under God, of the good Ship called the William of Newcastle, burthen Fourscore Tuns, or thereabouts, of the other part, witnesseth, That the said Master hath letten to Freight the said Ship unto the said Merchant, and to the said Merchant hath hired her for a Voyage (by Gods grace) to he made in manner and form following; that is to say, the said Master, for him, his Executors, Administrators and Assigns, doth covenant, promise and grant unto and with the said Mer­chant, to take, receive and load in his said Ship, the William, all such goods and Merchandizes, as the said Merchant shall please to put aboard her, and the said Ship can conveniently carry over and above her Victual, Tackle and Appurtenances, and with the next good wind and weather which God shall send to depart hence, and sail directly for the Island of Scotland, called by the name of the Liewes, to a Port lying there called L. of Holiard, or to any other convenient Port or Harbour in the said Liewes, where other Shipping goeth to take in Fish, and the said Merchant shall ap­point, and there with all expedition to discharge all or any of the said goods, and re-lade fish to the full and sufficient loading of the said Ship, and being dispatched to depart thence, and sail directly for the Downs, or any other Place or Places, Port or Ports where the Merchant or his Assigns shall please to order him, there to dis­charge and deliver the said fish, and other goods whatsoever, loa­den by the said Merchant or his Assigns in the said Ship, and so to finish and end the said intended Voyage: And the said Merchant, for him, his Executors, Administrators and Assigns, doth cove­nant, promise and grant, to and with the said Master, not onely to go with him in Person for the said Liewes, and there to load the Ship with Fish, or any such other Goods as he shall please, and thence to Sail with them for the Place or Port of their discharge; but also then and there before Bulk-breaking, to give sufficient se­curity unto the said Master for the payment of his Freight, and after [Page 396]safe delivery of his said Goods to pay for Freight 50 l. sterling per moneth, for so long time as the said Ship hath been in Service of the said Merchant, the dayes lesse than a moneth after the same rate, the moneths pay to begin on Fryday next, the Seven and twentieth day of this present moneth, and to end when the last goods are delivered out of the said Ship, at the place of her right discharge, and the said Freight to be paid within — dayes at the longest, with Averige and Primage, according to the Custom of the Sea. And moreover, The said Merchant doth promise to provide the said Master a sufficient Pilot to bring the said Ship in and out of the Liewes, and to pay all other Pilotage, Anchorage, and other Duties which in any Port or Harbour during the said Voyage shall or may be claimed in respect of the said Ship and Goods, and to provide the said Ship of sufficient Convoy, if he the said Merchant or his Assigns do require that the said Ship shall make her Discharge in any unfree place: Provided, That the said Master in his going for the said Islands or Liewes is to put into Tinmouth-Haven, there to victual and provide himself, which time from his first coming in, until his coming out again to Sea, is not to be reckoned to the Merchants charge. And the said Master doth promise and warrant his Ship to be strong and stanch, and to Man and Victual her fitting to perform the said Voyage, with all other necessary Appurtenances. For the true performance of all which Premisses, the said Parties do bind themselves unto each other in the penalty of 500 l. sterling, to be paid by the party defective unto the party observant.

And it is agreed by and between the said Parties, That the Monethly Freight above-mentioned shall run and continue until the same Freight be fully paid, and that the said Master shall not abide or tarry in Tinmouth-Haven longer than six dayes, if wind and weather serve. Provided, That the half-deck and fore­castle is to be for the Masters use and stowage.

In witness whereof, the said Parties unto two Charter-parties of this tenor, interchangeably have put their hands and seals. Dated in, &c. the day and year above-written.

A Deed to revoke several uses in settlement, according to a power therein reserved.

TO all Christian People, to whom this present Writing shall come, Sir R.C. of Slefford in the County of Lincoln, Baronet, sendeth greeting in our Lord God everlasting. Whereas in and by one Indenture bearing date, &c. and made between Sir R. C. on the one part, and I.S. Gentleman, servant of the said Sir R. C. on the other part, There is (amongst other things) one proviso contai­ned in these, or the like words, in effect hereafter following (that is to say) Provided likewise, that it is hereby further declared and a­greed by and between the said parties to these presents, and the true intent and meaning of them, and of these presents is, that if the said Sir R. C. shall at any time hereafter during his natural life, be min­ded or purposed to alter, determine, revoke or make void all or a­ny of the use or uses, estate or estates, trust or trusts herein before mentioned, declared, limited or appointed, and shall by any Deed or Writing to be by him the said Sir R. C. sealed and subscribed in the presence of two or more credible witnesses, declare and publish his mind, intent and meaning to be, to revoke, alter, or make void and frustrate the said several uses, estate and trusts, before in these presents mentioned, decla­red, limited or appointed, or any of them, of, for or concerning the said Castle, Mannors, Messuages, Lands and Premisses, or any of them, or any part or parcel of them, or any of them; that then & from and after any such declaration or publication so to be made, as aforesaid the same use and uses, estate and estates, trust and trusts, in and by these presents limited, expressed, declared or ap­pointed, of, for and concerning the which any such declaration or publication shall be made, as aforesaid, shall cease and become ut­terly void, frustrate, and of none effect, to all intents, constructi­ons and purposes whatsoever, and that then and at all times from thenceforth, the said J. S. and his Heirs, and all and every other person and persons, standing and being, or which at any time hereafter shall stand and be feized of the said Castle, Man­nors, Lands and Premisses, shall stand and be seized of the same, or of such part, or so much thereof, concerning the which any such declaration or publication shall be made, as aforesaid, to such uses, intents, trusts and purposes, as the said Sir R.C. in or by any such deed or writing, as is aforesaid, or by any other Deed [Page 398]or writing to be by him the said R.C. sealed and subscribed in the presence of three or more credible witnesses, shall declare, limit or appoint; and for default of such declaration, limitation or ap­pointment, to the use and behoof of the said Sir R. C. his Heirs and Assigns for ever, and to or for none other use, intent, mean­ing or purpose whatsoever, as in and by the said Indenture (amongst divers other Provisoes and things therein contain­ed) more plainly and at large it doth and may appear.

Now know ye, That I the said Sir R.C. do by this my present Deed or Writing sealed and subscribed by me the said R. C. in the presence of (three) credible witnesses, declare and publish my mind, intent and meaning to be, to revoke, alter and make void and frustrate, and I do by these presents revoke, alter and make void and frustrate all and every the use and uses, estate and estates, trust and trusts in and by the said Indenture declared, limited or appointed, of, for and concerning all and every the Castle, Man­nors, Messuages, Lands, Tenements, Advowsons, and all other Hereditaments mentioned, contained and specified in the said In­denture with their and every of their appurtenances, and of, for and concerning every part thereof: And I do hereby further de­clare, limit and appoint, That the said Castle, Mannors, Messua­ges, Lands, Tenements, Advowsons, and all other Hereditaments with their appurtenances, shall remain and be, and that the said J. S. and his Heirs, and all and every other Person and Persons standing and being, or which at any time hereafter shall stand and be seized of and in the same, shall stand and be seized thereof, to the use and behoof of me the said Sir R. C. my Heirs and Assigns for ever, and to and for none other use, intent, meaning or pur­pose whatsoever. In witnesse whereof, I the said R. C. have hereunto set my Hand and Seal the 28. day of February, in the year of our Lord God, according to the computation used in England, 1651.

An Indenture of Co-partnership, between four Merchants.

THis Indenture Quadripar [...]ite, made the, &c. between R. B. Citizen and Goldsmith of London, of the first part, W. C. Ci­tizen and Goldsmith of London, of the second part; T. B. Citizen and Goldsmith of London, of the third part, and T. L. of London, Merchant-Adventurer, late Servant of the said R.B. on the fourth part, witnesseth, That the said R.B. W.C. T.B. and T.L. in con­sideration of the fidelity, trust, confidence and good opinion which [Page 399]every one of them alwayes hath had, and yet hath and reposeth in every other of them, have joyned themselves to be Co-partners to­gether in the Trade of Merchandizing, that is to say, in buying, selling, uttering, vending or retailing of all sort and kinds of wares, and all other kinds of businesses to the Trade of a Merchant inci­dent, belonging or appertaining, and the said Co-partnership to continue between them, from the first day of this instant Month of March, for and during the term and space of three whole years from thence next ensuing and fully to be compleat and ended; And to that end and purpose, they the said R.B. W.C. T.L. and T.B. have before the day of the date of these presents delivered into stock (to be used and imployed in the said Trade of Merchan­dizing, as well within the Territories of England, as elsewhere in several places in the Parts beyond the Seas;) in Money, Cloth, Wares, Debts, Merchandizes, Adventures, abroad, and here in England, Adventures now already upon the Seas, and beyond the Seas, such several stock and stocks, and Sum and Sums of Money as are specified and expressed in a Schedule indented to these pre­sents annexed of the particular and proper Stock severally put in, and severally belonging to each one of the said several parties for their several quantity and proportion, being in the said Schedule severally set down, mentioned and declared, as by the same more fully and plainly it doth and may appear: It is now covenanted, granted, concluded, condescended and fully agreed by and between all the said Parties to these presents, and each one of the said seve­ral Parties for himself respectively, and for his own particular part, and for his own several and particular Executors and Administra­tors, do and doth severally, and not joyntly, covenant, grant, pro­mise and agree to and with every and each other of the said Parties, his and their several Executors and Administrators by these pre­sents in manner and form following, that is to say, That every and each of the said Parties for himself during and by all the said space of three years (if all the said Parties shall so long live) shall conti­nue and abide together as joynt-Occupiers and Partners, and that every and each of the said Parties shall from time to time, during and by all the said term (if they shall so long live) do their and every of their reasonable endeavours and diligence, by all the ways, labours, and means that each of them can or possibly may, to the uttermost of their power, wit, cunning and knowledge, and for the most benefit, profit and advantage of every and each other, faith­fully and truly imploy, buy, sell, and merchandize, with all such and so much of the said whole stock, as shall in all manner of wise [Page 400]come to be committed to each one of their several charge, disposi­tions and government, and the gains and encrease of every such part. And it is the true intent and meaning of all the said Parties to these presents, That the said W. C. shall manage the businesse and affairs for, &c. in the Parts of Spain during the good liking of the said R.B. and there for the most part reside, and have his con­tinuance and being; the said T. L. to manage the businesse and affairs for Stoade, Germany, and those Parts, during the good liking of the said R.B. and there be for the most part to reside and have his continuance and being, and the said R.B. and B.T. to manage the businesse and affairs for England. And it is covenanted, grant­ed and agreed by and between all and every the said Parties to these presents, That all such gain, profit and encrease as God shall send, and as shall come, grow or arise by reason of their said Trade and joynt-occupying, as is aforesaid, shall be from time to time during the said joynt-occupying, equally and indifferently parted and di­vided in manner following, that is to say, to every one of the said Parties, their Executors and Administrators, a just, equal and rate­able part and proportion in and upon every 100 l. rateable and proportionable, according as to the quantity of each ones several stock by them severally put in and appearing in the said Schedule, the same for his and their parts of the gains, profit and increase, shall arise and mount unto. And likewise that all such losses, hurt and detriment as shall happen by the said joynt-occupying by evil Debtors, Adventures of the Seas, or otherwise, without fraud or coven, shall be paid and born in each ones several part and portion, according to the manner and form of the Divident of the gains aforesaid. And it is covenanted, granted and agreed by and be­tween all and every of the said Parties to these presents, and each one of the said Parties for himself respectively, for his own se­verall and particular part, and for his own severall Execu­tors and Administrators, do and doth severally, and not joynt­ly, covenant, promise, grant and agree to and with every and each other of the said Parties, his and their several Executors and Administrators by these Presents, That there shall be had and kept from time to time, during all time of their joynt-occupying and Co-partnership together, as aforesaid, as well for the accompt and affairs on this side the Sea, and likewise for the several accompts and affairs severally beyond the Sea, perfect, just and true Books of Accompts and reckonings of all the said whole Trade and Dea­ling, as much as in each one his several power, and as concerning that place or places, and the businesse and affairs thereunto apper­taining, [Page 401]wherein or whereunto he shall be used or imployed, shall and may be and lie, which shall be had, used and occupied by rea­son of the said joynt-occupying. And that the said R.B. and T.B. shall have the custody and keeping of the books of accompt for England, and all things concerning the Trade of England, the said W.C shall have the custody for the Books concerning the Trade for Spain, and the said T.L shall have the custody and keeping of the Books concerning the Trade of Stoade and Germany, in every of which the said Books, shall be according to the possibility of each ones power, justly and truly entred and set down all manner of goods, wares, and Merchandizes whatsoever, either bought or sold by means or reason of the said Copartnership and joynt-occu­pying, with all debts thereof or therefrom from time to time to be made, together also with all the gains, profit, commodity, winning or increasing that God shall send, and shall come of and by reason of the said joynt-occupying and also of such costs, losses, charges and expences, as are or shall be expended, disbursed, laid forth, had or suffered by any wayes or means by reason of the said joynt-oc­cupying; which said Book shall be used in common to and for the behoof of every and each of the said several Parties, their and every of their several Executors and Administrators, to have free accesse and recourse unto, without let or interruption of each other, or the Executors, Administrators or Assigns of each other. And also, that every and each one of the said Parties shall from time to time, during all the time of their said joynt-occupying and co-part­nership together as is aforesaid, according to the possibility respe­ctively in each one of them, shew and make privy each unto other, and to such of the said Servants and Apprentices of each other, that shall attend upon the said Trade, all the affairs and dealings of the said Trade needful and necessary therein, thereabouts or thereunto belonging or to be manifest, or made known. And also, that every and each one of the said parties twice in every year yearly during the said term (or oftner if need require) at, and upon the reason­able request of any of them to the other, shall to the best and utter­most of each ones power and knowledge, and as much as in him or them be or may be, make, yield, render and perfect unto every, and each other, or to the Executors or Assigns of every and each other, at or in the City of London a just true and perfect accompt and reckoning of all the said stock and stocks in the said Schedule mentioned; and also of all such other goods, wares, merchandizes and ready-money, as at any time hereafter during their said Trade [Page 402]and joynt-occupying together, shall come to any of their several hands, occupying, custody or governance, or to the hands of any other person or persons, to any of their several or joynt uses, or by any their joynt and several deliveries or appointments, or by the delivery or appointment of any the Factors, or Servants of them, or any of them, by reason of the said joynt-occupying: And also of all the gains, profits and encrease that God shall send of the same stock, goods, wares, merchandizes, and ready money, or other­wise, by reason or occasion of the said joynt-occupying, and also of all such debts and duties as shall be owing unto the said parties, or any of them, and by them to be owing to any person or persons by reason of the said joynt-occupying; and that upon the perfect­ing and finishing of every such accompt, all the said parties, their Executors and Administrators shall subscribe their names to the same, witnessing each ones consent and agreement thereunto, for avoiding of doubts and questions which otherwise might happen or ensue.

And further, That it shall and may be lawful to and for every, and each of the said several parties, and the Executors, Administrators, Servants, Factors and Assigns of them, and every or any of them, at all convenient and seasonable time and times, during all the time of their joynt-occupying together, at the liberty and pleasure of any of the said parties, their or any of their Executors, Administra­tors, Servants, Factors or Assigns, to have accesse and recourse to the Books of Accompt and reckonings, and to the notes and re­membrances appertaining to the same any wayes touching or con­cerning the said Trade of joynt-occupying; and to search, per­use, and examine for the better discerning and trying out of all things, how and in what sort and condition the said Trade and joynt-occupying doth and shall from time to time proceed and stand. And it is further covenanted, granted, concluded and agreed by and between the said parties to these presents, and every one of the said several parties before named for himself respectively, and for his several Executors and Administrators, do and doth several­ly, and not joyntly, covenant, promise, grant and agree to and with the other of them, his and their Executors, Administrators and Assigns by these presents, That no Bill, Writing, Contract or Bar­gain shall be made, at any time, during the said joynt-occupying together in the parts beyond the Seas, for any matter touching the said Trade, otherwise than in the name of the said R.B. &c. if the same with reasonable conveniency may be done: And that there [Page 403]shall no private occupying or Trade of buying and selling, be had, used or occupied by any the said several parties, or any of their Factors, Servants or Apprentices, or any of them, or by any other to or for their uses, benefits or behoofs, in any wise or condition whatsoever, at any time or times during the time of their said Co-partnership, to the hurt and injury of the said General Trade, other than such as that the gain, commodity, advantage and profits there­of, shall equally be to the use of them the said R.B. W.C T.L. and T. B. proportionably, according to the rate and proportion of their several Stocks aforesaid, saving, That it shall and may be law­ful to and for the said R. B. at his liberty and pleasure, with his over-plus of stock at any time or times during the Co-partnership, to use his Trade to and for the East-Indies, and also for imploying of his Ships, and to send and dispose any other his money out by way of Loan or Use, and saving, that it shall or may be lawfull to and for all the said parties, during the term of their said Trade, to deal for other men, with whom they shall no wayes have any part­nership, and not hinder or be injurious to the said joynt-Trade, and to receive the Factorage thereof to their own proper use, any thing aforesaid to the contrary in any wise notwithstanding.

And it is further covenanted, granted, concluded and agreed by and between the said parties to these presents, and each one of the said several parties for himself respectively, and for his several Exe­cutors, Administrators and Assigns, do and doth interchangeably, severally and respectively, and not joyntly, covenant, grant and agree to and with the other of them, his and their Executors, Ad­ministrators and Assigns, by these presents, That they the said R.B. W.C. T.L. and T.B. their and every of their Executors and Administrators, shall and will within the space of two moneths next ensuing the end, determination or dissolution of the said term of Copartnership, whether the same be by expiration of the said term of three years, or by the death and decease of any of the said parties, which soever of the same shall first happen, at or upon the request of every or any of them, unto the other, or the Executors or Administrators of any of them, make, yield, render and perfect every one each of them to the other, and the Executors and Admi­nistrators of every and each of them, unto the other, at the now dwelling-house of the said R. B. situate, &c. a just, true, perfect and final accompt and reckoning in writing to the uttermost of every and each mans power and knowledge, of all and every the said Stock and Stocks mentioned in the said Schedule, and of all [Page 404]the gains and encrease, loss and damage which God shall send, and which shall grow to or by the same, and of all Goods, Wares, Merchandizes and Commodities, before that time, had, bought, sold or dealt in with the same stock or stocks and gains aforesaid, and of all debts made and being due, Sum and Sums of money re­ceived or paid out by means or in respect of the said Trade, and generally of all buying, bargaining, selling, trading and merchan­dizing, by the said Parties or any of them, with the said Stock or Stocks, and gains and increase thereof aforesaid; and that then upon the perfecting and finishing of the said final accompt, so as aforesaid to be made and done, all and every the said stock and stocks in the said Schedule mentioned then remaining, and the gains, winning and encrease which God shall send, and shall ap­pear to become and growing thereof, or by reason of the said Trade aforesaid, whether the same shall consist in Money, Wares, Debts or otherwise, shall be indifferently parted, shared, paid and divided to and amongst the said parties, their Executors and Administra­tors, in kind proportionably and rateably, without fraud, deceit or diminishing, in that full measure, as each ones several part shall justly and truly, in a true reckoning and computation thereof, arise and amount unto, in and upon every hundred pounds thereof, ac­cording to the quantity of each ones several stock and stocks in the said Schedule appearing and mentioned, and according to the plain true intent and meaning of these presents; and that such part and portion of the said stock and gains, as upon the perfecting of the said final accompt, shall appear to be and consist in the said debts and duties, due and owing to the said Parties, or any of them, shal [...] also from time to time, as the same, or any of them shall be recovered or gotten in, by the said parties, or any of them, be also parted, shared and divided to and amongst the said parties, accord­ing to the like rate, order, division and proportion as is before here­in also expressed and set down, the debts, duties and other charges then to be owing or payable by the said parties, or any of them, for or in respect of the said joynt Trade, being first and before all things, thereout paid, deducted and allowed, and likewise the losses, if any shall be, to be in like proportion born and sustained according to the rateable division of the gains aforesaid, and that then they the said Parties and every of them, their Executors and Administrators, immediately upon the perfecting and finishing of the said final accompt, partition and division as aforesaid, shall and will do their, and every of their endeavours, by all the law­ful [Page 405]wayes and means that they, or any of them may or can, for the more speedy recovery and getting in of all and every the said seve­ral debts and duties, from time to time to be due, or owing to them or any of them, as part of the games and stock aforesaid. And that the charges of suing for, and getting in of the said debts and duties from time to time, shall be born and paid by all the said parties ra­reable according to the quantity of their several stocks and gaines a­foresaid. And that if it shall happen any the said parties to die, or depart this life during the said Co-partnership, that then in any such case no Right or Survivor or Survivorship shall hold or take place, or be by them, or any of them any wise challenged, claimed or demanded, but that they the said parties, and every of them, shall and may lawfully give, devise, dispose and distribute his and their parts and portions of the said stock and stocks, gaines and in­creases to them severally and properly to belong and to be due, and belonging by the true intent and meaning of these presents, by their, or any of their last Wills and Testaments, or by any other gift or devise, as fully and amply, as they, or any of them could or might do of their own proper mony & goods, not pertinent to this a compt or joynt tra [...]. And likewise the executors and administra­tors of every such person and persons so deceasing, may have and enjoy his and their full rateable partand portion of the stock and stocks aforesaid, and of the gains and increase thereof, according to the true intent and meaning of these presents, without any let, nouble, hinderance or interruption of anyother of the said parties surviving or overliving, his or their executors, administrators or assigns, or any of them, any usage, law, custom or other impedi­ment to the contrary thereof notwithstanding. And that all the said parties and persons, before mentioned, their executors and ad­ministrators, at all times, as well during the said term of Co-part­nership, as afterwards, untill the end of the whole business shall be fully finished and brought to perfection, by all the good waves and means that possibly can or may be, shall be aiding and assisting unto every and each other of them, their executors and admini­strators, for the obtaining, speedy getting quiet holding and enjoy­ing of every and each ones private and particular parts or portion to him or them to be due upon the partition or division aforesaid, according as to right and equity therein appertaineth & belongeth, and that without fraud or coven; And it is the intent, plain and true meaning of every and each one of the said parties to these pre­sents, and each one of the said parties for himself respectively, for [Page 406]his own several and particular part, and for his own several and particular Executors and Administrators, do and doth interchange­ably, severally, and not joyntly, covenant and grant to and with every and each one of them the said Parties, his and their severall Executors and Administrators, by these Presents, That it shall not be lawful to or for any of the said Parties at any time, during the said Co-partnership, to take out or diminish any part of the said stock, or any the gains and encrease thereof, other than such Sum and Sums of money as hereafter in and by these presents, is licen­ced and allowed, and that no charge shall in any wise be put to the account of the Co-partnership, but such as shall be for the Trade of Merchandizing in Trade and occupying of the Stock and Stocks aforesaid, and the gains and encreases that of them and con­cerning the same shall come, arise or encrease, unlesse it be conve­nient house-room, and ware-house-rooms in the Parts beyond the Seas, and for suing and getting in of debts and duties belonging to the joynt-Trade, and other necessary charges belonging to Mer­chandize, necessary and behoveful for their said joynt-occupying, to be born to the general Accompt of the said joynt-Trade, the charges or ware-house-room diet, lodging, and such like, for the time any of the said Parties shall be within the City of London, du­ring the time of the said Co-partnership; to be upon the particu­lar and sole charge onely of the said R.B. his Executors and Admi­nistrators.

And it is covenanted, granted, concluded and agreed by and between all the said Parties to these presents, and each one of the said Parties for himself respectively, and for his own se­veral and particular part, and for his own several Executors and Administrators, do and doth, &c. by these presents, That he the said W.C. by way of further recompence, his Executors or Administrators, shall every year yearly, for and during all the time of the said Copartnership, be yearly allowed out of the joynt­stock and general Account, and thereby to be born, the yearly Sum of 148 l. of lawful, &c. over and above all other his gains and al­lowance herein before mentioned, 100 l. yearly, whereof it shall or may be lawful to and for the said W. C. to take out of the same to use, spend, bestow and convert at his own free will and pleasure, so far forth that the said W. C. do leave yearly the residue, being the Sum of 84 l. to rest, remain & run to and in use to and with the said general Stock, during the said Co-partnership; The profit and losse of which yearly Summe of 84 l. to be divident to and amongst the said Parties in like manner, according to the division [Page 407]and proportion of their several stocks aforesaid, and the 84 l. yearly being the Principal, together with so much of the said yearly Rent of 100 l. not formerly taken out, at the end and determination of the Co-partnership, to be to the said W. C. his Executors and Ad­ministrators, fully satisfied and paid, or otherwise by him the said W. C. his Executors or Administrators out of his accompt to be deducted, and defaulked; and that he the said T. L. his executors or administrators, shall by way of further recompence every year yearly for and during, &c. prout supra, for W. C. any matter, cause article or thing before in these presents contained or rehearsed to the contrary thereof in any wife notwithstanding. And finally, it is covenanted, granted and agreed by and betwen the said parties to these presents, that each one of the said several parties before na­med, for himself respectively, and for his several Executors and Ad­ministrators, do and doth interchangeably, severally, and not joyntly, covenant, promise, grant and agree to and with each other and every of them, his and their several Executors, Administrators and Assigns, by these presents, that if it shall fortune any variance, sute, difference, doubt, controversie, discord or contention to hap­pen, grow or be moved by and between the said parties, or any of them, or the Executors or Administrators of them, or any of them for, or upon, or by reason of the said Trade and joynt occupyings, or any matter or thing theteupon depending, upon, or by reason of any matter or thing in these presents expressed or set down, that then, and so often from time to time, as the same shall so happen, and before any sute arise, or trouble shall be attempted or sought by any of them, against the other: all and every the said variances differences, strifs, doubts, controversies and contentions, shall from time to time, be referred and submitted to the hearing, order, award and determination of four honest persons, being of the Company of Merchant-adventures of England, for the time being, whereof one shall be chosen for the said R. B. his executors or administra­tors, one other, &c. for the other three, as arbitrators in an for all and every the premisses, if that shall be content to undertake the variances, strifes and contentions, so to them be referred within the space of one Moneth next after such referment and submission to them made: And further, that they the said R.B. W.C. T.L. and T. B. and every of them, their and every of their executors and ad­ministrators respectively, for their and every of their own several and particular parts, shall & will from time to time stand to, abide, obey, perform, fulfill and keep all and every such end and ends, [Page 408]determination and judgment, as by the said four persons, so as aforesaid to be chosen, shall from time to time be had, made and given up in writing, for and the behalf of the said parties as touching, any the variances or differences a [...]orsaid, without any further coven or deceit. In witness, &c.

An acknowledgment of a trust in an Indenture of bargain and sale.

THis Indenture made, &c. whereas T. W. of, &c. by this In­denture of bargaine and sale, bearing date, &c. for the consi­deration therein mentioned, did grant, bargain and sell unto he said I.H.S.T.A.P. and R.L. their heirs and assigns for ever, all that Mannor, &c. (recite the bargain and sale to the end of the Ha­bend) as in and by the said Indenture of bargain and sale, amongst divers other Covenants, grants and agreements therein contained, more at large it doth and may appear. Which said recited Inden­ture of bargaine and sale was so made unto the said I.H.S.T. and A.P. of meet and special trust and confidence, to and for the only use, benefit and behoof of the said S.S. his Heirs and assigns. Now this Indenture witnesseth, that the said I.H. &c. do hereby con­fess and acknowledge, that the said recited Indenture of bargain & sale, was, and is made to and in the names of them the said I. H. &c. of meer and special trust and confidence, to and for the use and beh [...]of of the said S.S. his Heirs and Assigns for ever. And further the said I H. &c. in accomplishment and performance of the trust and confidence aforesaid, do for them, and every of them, covenant and grant joyntly and severally to and with the said S.S. their Heirs, Executors, Administrators and assigns, by these pre­sents, that they the said I. H. &c. their Heirs and assigns, shall and will from time to time hereafter, upon reasonable request there­fore to be made, and at the costs and charges in the Law of the said S.S. his Heirs, and Assigns, bargain, sell, convey and assure the said Mannors, and all and singular other the premises by the said recited Indenture of bargain and sale granted & sold, or meant, mentioned or intended to be thereby bargained and sold, and eve­ry part and parcel thereof, with their and every of their appurti­nances, unto the said S.S. his Heirs & Assigns for ever, in such sort, man [...]r and form, as by the said S.S. his Heirs & Assigns, or his or their Council learned in the Law, shall be reasonably devised or ad­vised [Page 409]vised and required, so alwayes, that the same Conveyances or As­surances, or any of them, contain no further or other warranties than only against the said J. H. &c. and their Heirs. And fur­ther, That at any time of the making and passing of such Convey­ance or Assurance as aforesaid, the said Mannor, and all and singu­lar other the Premisses shall be free, clear and discharged of and from all and all manner of former bargains, sales, gifts, grants and incumbrances whatsoever, then before had, made, committed or d [...]ne by them the said J H. &c. or any of them, or of or by any other person or persons whatsoever, lawfully claiming by, from or under them, or any of them, In witnesse, &c.

An acknowledgment of a Trust by a Deed-Poll of a Lease.

TO all, &c. I T.M. of, &c. send greeting, &c. Whereas C. D. of, &c. by one Indenture of Lease made between, &c. and, &c. hath demised, &c. as in and by, &c. Now know ye, That I the said T. M. do hereby confess and acknowledge, that the Lease or demise of the Premisses aforesaid, was and is made to and in the name of me the said T.M. in trust and confidence, and to the in­tent that I the said T.M. should upon the request of the said E. G. her Executors, Administrators or Assigns, assign and convey the said Lease and Premisses to her the said E.G. her Executors, Admi­nistrators or Assigns, or to such other person or persons as she or they in that behalf shall name or appoint: and therefore in ac­complishment and performance of the trust and confidence afore­said, I the said T.M. for me, mine Executors and Administrators, do covenant and grant to and with the said E.G. her Executors, Ad­ministrators or Assigns, by these presents, That I the said T.M. my Executors, Administrators and Assigns, shall and will from time to time, upon the reasonable request, and at the costs and charges of the said E.G. her Executors, Administrators or Assigns, assign and set over the above-mentioned premisses, and every of them, and all the estate and interest of me the said T.M. my Executors and Ad­ministrators, in and to the same, clear and discharged of all incum­brances by us, or any of us to be done or committed unto the said E.G. her Executors or Administrators, or to such person or persons as she or they shall name or appoint. In witnesse, &c.

A Conveyance of Lands to the use of a mans Heirs, with the profit during the Heirs minority, limited to the payment of the Donors debts, and porformance of the Testament.

THis Indenture made, &c. between the Right Honourable W. Viscount Hereford, &c. of the one part, and the Right Honou­rable A. Lord Grey, & alii, &c. on the other part, witnesseth, That the said Viscount, for and in consideration of the Fatherly good­will, favour and affection which the said Viscount beareth towards R. and W. the two Sons of the said Viscount, and for the advance­ment and preferment of the Heirs males of the body of the said Viscount lawfully to be begotten, and for other the considerations hereafter in these Presents mentioned and expressed, hath given, granted, enfeoffed and confirmed, and by these presents doth give, grant, enfeoff and confirm unto the said A. Lord Grey, &c. all those his Mannors, &c. with all and singular Liberties, Courts, Views of Frank-pledge, Fairs, Commodities, Franchises, Priviledges, Ju­risdictions, Preheminences, Emoluments and Appurtenances what­soever to or with the said Mannors, Lands, Tenements or Here­ditaments used or enjoyed, in or out of the same, or any of them, or any part or parcel thereof, issuing, renewing, happening, used or exercised, and all, &c.

To have and to hold, &c. to the said A. L. G. &c. and their Heirs for ever, to the use and behoof of the said V. for term of his life, without impeachment of waste, and after the decease of the said V. and during the time that the said R. D. Son, and now Heir apparent of the said V. or any other, being the heir of the said V. shall be under the age of 21 years, and untill some Heir of the said V. shall have accomplished the full age of 21 years, to the use of the said A. L. G. and the Survivors and Survivor of them, and the Executors & Administrators of the Surveyor of them upon trust; and to the intent and purpose that the said A. L. G. &c. and the Sur­vivors and Survivor of them, and the Executors and Administra­tors of the Survivor of them, shall take, receive, levy, possesse, use, and enjoy the Rents, Issues, Profits, Revenues, Commodities and Emoluments of all and singular the said Lordships, Mannors, Lands, Tenements and Hereditaments, and other the Premisses, with the Appurtenances, and the same employ during such mino­rity or minorities, as is aforesaid, for and towards the performance, payment and satisfaction of all the Legacies and Bequests of mo­ney, [Page 411]Annuities for years, and Debts of the said V. to be mention­ed in the Testament and last Will of the said V. according to the tenor, purport and true meaning of the said V. in his said Testa­ment and last Will to be declared, and to the use and intent that the said Feoffees, and the Survivor and Survivors of them and their Heirs, shall with the Profits, Revenues, Commodities, Issues and Emoluments, coming, growing and arising of and in all and singu­lar the said Lordships, Mannors, Lands, Tenements and Heredi­taments, bestow, disburse and expend from time to time the com­petent and necessary Charges in the Law, and otherwise for the defence and maintenance of the possession and title of all and sin­gular the Premisses, and every or any part thereof, and for the Reparation and defence of the Buildings, Edifices, Houses and Sea-walls in and upon the Premisses, or any part thereof from time to time necessary, meet and convenient to be disbursed and ex­pended, untill such time as the said Legacies, debts and bequests of the said V. to be mentioned in his Testament, shall be perform­ed, and untill some heir of the said V. shall have accomplished the full age of 21 years, and after satisfaction of the said Legacies, debts and Annuities, and for the surplusage that shall surmount the same Debts, Legacies and Annuities, and other the charges afore­said satisfied, to the use and intent, that the said A. L G. &c. shall imploy and suffer the Premisses and surplusage thereof, to go, re­main and come to the use, profit and benefit of the heirs of the said V. And after the heirs of the said V. shall accomplish the full age of, &c. that then the said A. L G. &c. and their heirs, shall stand and be seized of and in all and singular the said Mannors, &c. to the use of the said R. D. and the heirs males of his body lawfully begotten, and for default of such heirs males of the said R.D. law­fully begotten, to the use and behoof of the said W. D. second Son of the said V. and the heirs males of his body lawfully begotten; and for default of such heirs males of the body of the said W. D. lawfully begotten and to be begotten, to the use and behoof of the heirs males of the said V. lawfully begotten, and for default of such heir, to the use of the heirs of the body of the said V. and for de­fault of such issue, to the use of the right heir of the said R. for ever.

Provided alwayes, and it is the true meaning, use and intent of these presents, That if the said V. at any time hereafter during his life-time, shall demise, grant or lease the said Mannors, Lands, Tenements and Hereditaments aforesaid, and other the Premisses by these presents granted or assured, or any part or parcel thereof, [Page 412]by his deed indented under his seal, and with subscription of his name with his own proper hand, for term of any year or years life or lives, that then, and immediately from & after every such lease, demise or grant, or such leases, demises or grants so to be made by the said V. the said A. L. G. &c. and their heirs, shall stand and be seized of and in the said Mannor, &c. so to be leased or granted, To the use and behoof of the same Lessees or Grantees, and every of them, and of their several executors, administrators and Assigns, during the terms and space mentioned in the said several leases, grants and demises, so to be made, according to the tenour, form and effect of the same lease, grant or demise, leases, grants or de­mises, so that the yearly Rent or Rents mentioned or reserved by the said V. in such Lease, Demise or Grant, Leases, Demises or Grants, be yearly paid to the said V. during his natural life, and after his decease to such person or persons, as by the proper and true meaning of these presents, ought to have the Reversion or Remainder, Reversions or Remainders of the Lands, Tenements or Hereditaments so to be leased or granted, within the space of Twenty dayes next after reasonable request to be made, for the payment thereof: And so that the same Lessees or Grantees, their Executors, Administrators and Assigns, do well and truly perform the conditions to be comprized in the Indenture or Indentures of their said several Demises or Grants, according to the effect and true meaning of the same Indenture or Indentures.

And that the said A. L. G. &c. shall stand and be seized of the Reversion and Remainder, the Reversions and Remainders of the Mannors. Lands, Tenements and Hereditaments so to be sealed or granted, and after the determination thereof, Then also of the same Mannors, Lands, Tenements or Hereditaments, so to be leased or granted, to such uses and intents as they the said L G. &c. should have stood or been thereof seized, by the purport and true meaning of these presents, if any such Lease or Grant had been thereof made; and that of and for such estate and estates, in such order and degree, with the same Remainders and in such manner and form, to all intents and purposes as they should have stood or been thereof seized by the purport and true meaning of these presents, if no such Lease or Grant had been thereof had or made, (here followeth a Letter of Atturney for Livery of Seizin to the Feoffees, &c.) and then a Proviso, That if the said V. by his wri­ting signed and sealed in the presence of 3 witnesses, shall repeal, frustrate and determine, or declare to be determined, all or any the uses aforesaid, of or from the premisses, or any part thereof, that [Page 413]then and from thenceforth the said uses so to be determined or de­clared to be repealed, for all such Lands and the uses thereof, so to de declared, determined, shall be void and of none effect, and that then the Feoffees shall thereof stand seized to the use and behalf of the said V. and his Heirs: Then followeth a Covenant on the said V. S. part, That if the estate of the premisses be not effe­ctually conveyed him by force of from this Grant to the said Feoffees, to the uses before-specified, on this side the last day of, &c. next coming, that then and from thenceforth the said V. and his heirs, and all others to be seized of the premisses, so not suffi­ciently conveyed, shall be thereof seized to the uses above-speci­fied, and to such uses, and with such Remainder as the said Feoffees or the Survivor of them should have stood seized thereof, by the purport of these presents, in case the estate thereof had been per­fectly assured unto them, or any of them, according to the true meaning of these presents. In witnesse whereof, as well the said V. as the Feoffees have put, &c.

Memorandum of the Seizin executed with the Tenants of one of the said Mannors Atturnment.

MEmorandum, That the sixteenth day of, &c. Livery of Seizin was delivered and given by W. W. one of the Atturneys mentioned in the Indenture hereunto annexed, of, in and upon the Lands of the Farm of O. parcel of the Mannor of T, mentioned in the said Indenture, and also of, in and upon the Mannor-house and demesne-Lands of T. by the assent of J. P. Lessee for years of the same (saving his term) and also of, in and upon the Coppice­woods called T. P. to R. B. one of the Feoffees, contained in the said Indenture, according to the tenour, purport and intent men­tioned in the said Indenture, and for and in the name of the said Mannors of T. and all other the Lands, Tenements and Heredi­taments mentioned in the said Indenture, scituate and being with­in the said C. and in the name and behalf of all the Feoffees men­tioned in the said Indenture; And the Tenants of the said Man­nor, whose names are immediately under-written, at the same exe­cution, hearing the Indenture read, did atturn and fully assent to the same, according to the tenour, purport, intent and uses in the same Indenture mentioned.

An Indenture for the equal division of Goods, where there are four Admi­nistrators together, they bearing and allowing me with another equal parts of Charges in Law, in getting in the same, and like parts of all recovered against them.

THis Indenture Quadripartite, made between J. C. of, &c. on the first part, W. C. of, &c. of the second part, &c. Whereas the said J. C. and A. his Wife, W. C. and A. his wife, H. H. and H. his wife, and N. C. and E. his wife, in the right of the same their wives, together with J. H. brother of their said wives, have had and taken upon them the Administration of the Goods and Chattels of C. W. widow, deceased, late the wife of J. W. late of L. Dyer, deceased; And whereas also so much of the goods, char­tels and debts which were of the said C. as are already come to his hands, are divided into five several parts, whereof every of the said J. C. W. C. H. H. and N. C. in the right of their said wives, and also the said J. H. have severally had and taken their several parts of the same, and now are thereof severally possessed.

Now this Indenture witnesseth, That it is covenanted, granted and agreed between the said Parties; and the said J. W. H. and N. for themselves and their said wives, and for their Executors and Administrators, and for the Executors and Administrators of every of them, do severally covenant, grant and agree every of them with the other by these Indentures, in manner and form following, (viz.) That all the residue of the goods, chattels and debts which were of the said C. in possession or in right, which at any time or times hereafter shall come to the hands of any of the said Parties, or of the Executors or Administrators of any of them, shall be di­vided and parted into 5. equal parts, as aforesaid, from time to time, as the same shall happen to come to the hand of any of them, whereof the said J. H. to have one part of the said five parts, and that then the other four parts thereof shall from time to time be equally divided betwixt the said J. W. H. and N. and their several Executors and Administrators, without benefit of Survivorship by any means to grow to such of the said Parties or their wives as shall fortune to survive.

And it is further covenanted betwixt the said Parties in form aforesaid severally, That if any Action or Sute be now depending, or hereafter shall be commenced against the said Administrators of [Page 415]the said C. W. or any of them, for any thing wherewith they shall be chargeable in the Law, by reason of the said administration by them taken as aforesaid, That then in every such case, the said J. W. H. and N. their Executors and Administrators, and every of them severally for his own part, upon notice and request made and given by any one of them to the other, or by any of their Exe­cutors or Administrators, shall bear and pay one equal fourth part of all charges and expences to be laid out in the defence of any such Sute, and one like fourth part in execution, and to the satis­faction of any Judgment and Recovery which shall happen to be given or had against them, or any of them, in any such Sure or Action as aforesaid.

And that they the said J. W. H. and N. their said Wives, their Executors or Administrators, and the Executors or Admi­nistrators of every of them severally for their own part upon like reasonable request, shall and will do, knowledge and suffer in the Law towards the other of them all and every thing and things which from time to time shall be requisite or needful to accom­plish and perform their Accord, Covenant and Agreements made amongst them by these presents, according to the purport and true meaning of the same.

And moreover, That they the said Parties, their Executors and Administrators, and every of them, upon like request, as aforesaid, shall notifie, expresse and truly declare from time to time to the other, all such goods, chattels and debts whatsoever which were of the said C. and which they shall know and understand to be in any place or custody, and not parted, distributed, severed and di­vided, according to the tenor and effect of these presents, to the intent every of them may have his or their equal parts thereof, according to the tenour of these presents, without fraud or co­ven.

And that for recovery of any debts, goods and chattels, which were of the said O. to be had and recovered to and for the use of the said Parties, their Executors and Administrators, and of the said J. H. and in manner and form aforesaid, They and every of them shall for their equal four parts, bear and sustain one equal fourth part of all costs and charges in and about all and every the said Recovery and Recoveries, to be born and sustained from time to time, as shall be needful and reasonable.

And it is further covenanted, granted and agreed betwixt the said Parties, the said Parties and every of them do also for them, their Executors and Administrators severally covenant and grant to and [Page 416]with the other by these presents, That if it fortune the said J. H. do dye intestate, by reason whereof any of the goods, chattels, money, plate or jewels of the said J. shall grow or come by reason of Law unto the said Parties, or their wives, or any of them, that then the Survivor or Survivors of the said Parties, or their said wives, their Executors or Administrators, to whom any such the goods, chattels, money, plate or jewels shall fortune to grow or come, shall divide the same into four equal and several parts, and shall retain to his or their use one part thereof, and the other three parts shall be severally delivered unto the other three parties to these Indentures, to their several Executors or Administrators equally, within two moneths after they shall fortune to have or come by the possession of any such goods, chattels, plate, jewels, money, &c. In witnesse, &c.

A Defeazance upon a Statute excellently well penn'd, it being for the pay­ment of Two thousand pounds, at the end of six moneths, and of 200 l. per annum during life.

THis Indenture made the, &c. day of &c. in the, &c. of our Lord God, &c. between B. P. of London, Widow, of the one part, and W. P. of London aforesaid Esquire, Son unto the said B. of the other part. Whereas the said W. P. hath lately sold and con­veyed the Mannor of L. in the County of W. and divers Lands thereunto belonging, unto Sir W. P. Knight, and the said B. P. hath joyned with him the said W. L. in the Fine thereof levied, part of which said Mannor and Lands of the value of 200 l. per an­num, were heretofore setled and assured upon her the said B. for her life, for her Joynture, by W. P. Esquire deceased, her late Hus­band; and whereas the said W. P. is indebted to the said B. the Sum of Two thousand pounds of lawful money of England, which hath remained in his hands for some years last past, and by agree­ments between them, the said W. P. hath hitherto paid the Sum of 200 l. per annum, as interest or consideration for forbearance of the said Money, and is still to pay the like Sum so long as the 2000 l. shall remain in his hand.

And whereas also the said W. P. by one Recognizance or Wri­ting Obligatory of the nature of a Statute of the Staple, bearing date the first day of this instant Moneth of April, taken and ac­knowledged before Sir J. B. Knight, Lord Chief Justice of the Court of Kings Bench at Westminster, according to the form of [Page 417]the Statute in that case made and provided for the recovery of debts, standeth bound unto the said B. P. in five thousand pounds of lawfull money of England, payable, as by the said recited recog­nizance or writing obligatory more plainly may appear; Now this Indenture witnesseth, that the said B. P. is contented and plea­sed, and doth for her self, her Executors and Administrators, cove­nant, promise & grant, and agree to & with the said W. P. his heirs, Executors, Administrators and Assigns, and to and with every of them by these presents, That if the said W. P. his Heirs, Executors, Administrators, or Assigns, or any of them, do pay, or cause to be paid to the said B. P. or her Assigns, the sum of 200 l. of lawfull money of England yearly, for and during the natural life of her the said B. at two usual Feasts or terms in the year, that is to say, the Feasts of St. Michael the Arch-angel, and the Annunciation of the blessed Virgin Mary, by even and equal portions, or within one and twenty dayes next after either of the said Feasts, the first pay­ment thereof to begin at the Feast of, &c. now next ensuing, or within 21 dayes next after the said Feast; And likewise if the said W. P. his Heirs, Executors or Administrators, or any of them, do and shall well and truly pay or cause to be paid to the said B. P. her Executors, or Administrators, or Assigns, the sum of two thousand pounds of lawfull money of England within six months next after notice or warning given to that purpose to the said W. P. his Heirs, Executors or Administrators by any writing to be subscribed and sealed by the said B. P. her Executors or Administrators in the pre­sence of two credible witnesses, or more, and shall in the mean time, until the payment of the said 200 l. pay or cause to be paid unto the said B. her Executors, Administrators or Assigns, after the rate of One hundred pounds per annum, according to the Agreement aforesaid, the same to be paid by 50 l. every half-year, and the first payment thereof to be made on the Feast-day of, &c. or within one and twenty dayes next after the said Feast now next ensuing the date thereof; that then the said recited recogni­zance or writing obligatory shall be void and of none effect, or else the said W. P. for him, his Heirs, Executors and Administrators, covenanteth, willeth and granteth by these presents, that the said re­cognizance or writing obligatory shall stand and remain in full force and vertue.

An Assignment of a Statute, by an executor to two of the Creditors of the Testator, in lieu and satisfaction of their Debts of the same value, singu­larly well dra [...]n.

THis Indenture made, &c. between I C. of the Inner-Temple London, Esquire, Son and Administrator of the Goods and Chattels of W. C. late Citizen and Scrivener of London Deceased, of the one part, and M. W. of London Widow, and H. I. of London Gentleman, of the other part. Whereas the said W. C. at the time of his death, stood indebted unto the said M. W. in the Sum of 100 l. principal debt, and to the said H. I. in the sum of 200 l. principal debt, besides interest of the said debts; And whereas Sir T. P. of N. in the C. of D. Knight, in and by one recognizance or statute, in the nature of a statute-staple, bearing date the 20 day of July, in the ninth year of the Reign of the late King Charles, and made according to the Statute made and proceed for recovery of debts, taken and knowledged before Sir R. H. Knight, then Lord Chief Justice of his Majesties Court of Common-Pleas at Westminster, is and standeth bound unto the said W. C in the sum of six hundred pounds of lawfull money of England, payable at the Feast of Saint James the Apostle, then next ensuing, as by the said Statute more at large appeareth. Now this Indenture wit­nesseth, that the said J. C. for and towards the payment and satis­faction of the said debts, due unto the said M. W. and H. I. hath given, granted, assigned and set over unto the said M. W. and H. I. their Executors, Administrators and Assigns, the said Recogni­zance or Statute, and all his right and interest therein, and all actions, extents and executions to be had and prosecuted upon the same, in as large and ample manner and form as he the said J. C. hath, or at any time hereafter may or might have, by force of the said Statute. And further the said J. C. doth by these presents consti­ture, authorize and make the said M. W. and H. I. his true and irre­vocable, lawful Atturney and Atturneys, joyntly and severally to s [...]e & prosecute all manner of actions, sutes, demands & executions, in and upon the said Statute or Recognizance in the name of the said J C. his Executors or Administrators, and to receive or recover the said sum of 600 l. in the said Statute mentioned, and all other sum and sums of money, benefit and advantage, which shall or may lawfully be had or gotten upon the said Statute or Recognizance, [Page 419]authorizing them, and every of them by these presents to retain all such Counsellers and Atturneys, for the executing of the said sutes, extents and executions, as shall be required for the following and furthering of the same, and to do and execute all and every other lawfull Act and Acts whatsoever, which shall be meet and expedi­ent in and about the premisses; and the said J. C. doth for himself, his Executors and Administrators, covenant, promise and grant, to and with the said M. W. and J. H. that he the said J. C. his Executors and Administrators, shall and will permit, suffer, allow, justifie and maintain, all such lawfull actions, sutes, extents and ex­ecutions, as the said M. W. and H. I. or any of them, their Execu­tors or Assigns, shall & will sue or prosecute, for the levying, taking and receiving of the said sum of 600 l. contained in the said Statute, in the name of the said J. C. his Executors or Administrators, and that all sum and sums of money, recoveries and executions to be had and obtained upon the same by any Sute, Action or Execution or otherwise, shall be to the only use of the said M. W. and H. I. to be divided betwixt them proportionably according to their several debts, in as large and ample manner and form as the said J. C. might have had the same, and that the said J. C. hath not, nor he, his Executors or Administrators, shall not at any time hereafter re­lease or discharge the said debt contained in the said Statute, nor any action, extent or execution to be had upon the same, nor do any act or acts in prejudice of the same: And further, that he the said J. C. his Executors and Administrators, shall at any time du­ring the space of two years next after such time as the said Statute shall be executed by way of extent, make or cause to be made to the said M. W. and H. I. their Executors, Administrators and As­signs, to the only use and behoof of them the said M. W. and H. I. as aforesaid, upon reasonable request, and at the costs and charges in the Law of them the said M. W. and H. I. their Executors, Admi­nistrators or Assigns, all such reasonable assurance and conveyance of the Land which shall be extended and put in execution up­on the said Statute, as shall be reasonably devised by the said M. W. and H. I. or either of them, their Executors Administrators or Assigns, or their, or any of their Counsel learned in the Law, dis­charged of all incumbrances done by the said J. C. his Executors or Administrators, In witnesse, &c.

PRESIDENTS FOR Bills, Answers, Replications, Demurrers, Rejoyn­ders, &c. in Chancery.
A Bill to be relieved against Bonds, being but a Surety, and for obtaining an Injunction.
To the Right Honourable Sir Orlando Bridgeman Knight and Baron [...] Lord Keeper of the Great Seal of England.

IN all Humbleness Complaining, sheweth unto your good Lord­ship, your daily Orator, J. S. &c. That whereas about a year now last past, your said Orator having but lately before attained to his full Age of 21 years, and being in possibility of good means from his Father, was inveigled and drawn in by one J. H. of I. Goldsmith, and one G. B. whom the said H. used for his Instru­ment therein, and did at their solicitations and perswasions, and upon their promises to supply your Orator with Money for his then present occasions, enter into, and became bound, together with the said B. and one I. I. then a stranger to your Orator, unto the said I. H. in and by two several Bonds of Obligations, the one [...] them bearing date in or about, &c. being of the penalty of 20 [...] with condition for the payment of 100 l. or thereabouts, at S [...] Moneths then following, or some other time in the said Conditio [...] mentioned, now long since past, and the other of the said Bon [...] bearing date, &c. at the time of entring into which said Bonds, yo [...] Orator was confidently told and promised, as well by the said G. B. as by the said J. H. that he your said Orator should have for [...] own use, all, or the greatest part of the Money mentioned in th [...] several conditions thereof, and that he should not be compelled [...] [Page 421]repay unto the said J. H. any more Money, but only so much as he should receive upon the Security of the said Bonds, and the in­terest thereof, after the rate allowable by the Statute, and that he should not be troubled with any payment, untill he well were en­abled by his Fathers means to discharge it which moved your Orator the more willingly to enter into the said Bonds, he presu­ming that he should have had his want of ready Money supplied thereby; but after your Orator had entred into, sealed and deli­vered the said Bonds, he could not get, nor did receive of, or from the said J. H. the Obligee, or any other, any Money at all, or other thing whatsoever, nor was there any Money at all, or other thing of any value disbursed, paid or delivered by the said J. H. upon, for or in respect of the said Bonds so entred into, or either of them; but if any Money or Commodities were disbursed or delivered for or upon the said Bonds, then was it of small value, and that received only by the said G. B. who either converted the same un­to and for his own private use, or else paid it back and restored it to the said J. H. or whatsoever it were, howsoever disposed of, yet had not your Orator ever any penny, or part thereof, and thereof your Orator presumed he should not have been any way troubled, sued or molested, upon or by reason of the said Bonds, or either of them, he having not received the Money, or any part thereof, for which the same were intended, nor any consideration at all, for, or in respect of such intended, nor any consideration at all, for, or in respect of such his entring into the said Bonds, but was greatly disappointed for want thereof, to his no small hindrance, as was and is well known both to the said J. H. and G. B. whom after the entring into the said Bonds, your Orator often solicited for the Money thereupon promised unto him, and they as often delayed him with promises thereof, but to this day your Orator never had, nor could get from them, or either of them, any money, commodities or other considerations whatsoever, and so was meer­ly abused by them therein. Yet now so it is, may it please your good Lordship, that the said J. H. and G. B. intending to make a prey of your Orator, and having to that end drawn him into the Bonds aforesaid, and being combined and confederated to lay up­on him the whole burthen and penalty thereof, have, the better to effect, the same so plotted, as that the said G. B. who was and is privy to the whole passage of the business before mentioned, and whom the said H. used as his Instrument to draw your Orator into the said Bonds, hath lately, since the money mentioned in the Conditions thereof, become thereby due, absented himself with the privity, and by the procurement of the said H. and liveth now [Page 422]in remote and obscure places unknown to your Orator, but well known to the said J.H. who while the said B. was here present, never demanded of your Orator any money at all nor any way questioned him upon the said Bonds, or either of them; but now the said G.B. (who could detect his dealing in the premisses) being absent, and kept out of the way, be the said J.H. upon advantage therein, and in pursuance of their plot aforesaid, doth now pretend and give out in speeches, that the said Bonds were real Securities, and entred into for just debts, and that your Orator, and the said B.B. and I.I. or some one of them, had of the said H. Money or Commodities of the value of Money mentioned in the Conditi­ons of the said Bonds, which money he pretendeth to be still unsa­tisfied, and the said Bonds thereby forfeited; and thereupon he the said I.H. hath of late arrested your Orator, and commenceth, or threatneth to commence and prosecute several Sutes against him at the Common Law upon the said several Bonds, and spareing the said G.B. (whom he hath purposely absented) bendeth all his force against your Orator; and albeit he the said I.I. hath received satisfaction of and from the said B.B. and I.I and of and from some others in their use, or in their behalf, of and for all the money and Commodities, if any other were lent and delivered by him upon the said Bond, and knoweth well, that your Orator had ne­ver any part of such money or Commodity, or any consideration at all, for or in respect of his entring into the said Bonds, but was meerly drawn thereunto upon the promises aforesaid, which were never performed unto him; yet he the said I.H. continueth still his sute, and threatnings of sute against your Orator, at the Common Law upon the said Bonds with intent to recover of him the whole penalties thereof: and the said B. B. giveth way and furtherance thereunto, and will take no course to free and discharge your Orator thereof, nor will the said I.H. seek for satisfaction as he ought (if any be due unto him at the hand of the said B.B.) nor discover where the said B.B. is, but both of them by a joynt confederacy between them, intend to lay upon your Orator the whole burden and pe­nalties of both the said Bonds, and then to share and divide the same between them, contrary to all rites and rules of Equity, and to your said Orators apparent wrong and supportable hindrance, unless he may find redress for the same before your Lordships in the justice and equity of this honourable Court. In tender conside­ration whereof, and of all the aforesaid premisses, and for that your Orator is void of all remedy by the course of the Common Laws [Page 423]of this Land, to relieve himself in the said premisses, and cannot there plead the matter of Equity before alledged, nor any other sufficient Plea in Bar, or be discharged of the said Bonds, and of the Suits there commenced and threatned against him thereupon, nor can thereby compel the said B.B. to take any course for your Orators discharge of the said Bonds, and there enforce him and the said I.H. to perform and make good unto your Orator their promisses aforesaid, for that your Orator hath no such precise proof of the said premisses by witnesses now living & extant, as the Com­mon Law in such cases requireth; but your said Orator is for all those matters before your Lordships in course of Equity properly to be relieved, where he hopeth the said I H. and B. B. will upon their Oaths, if they may be thereunto called, confess their said promisses, and the premisses to be true in such sort, as aforesaid; or if they shall deny the same, that yet your Orator shall be able to make such proof thereof by circumstances as may in Equity move your Lordships to relieve him therein: Therefore and to the end the said I.H. and B B. may upon their Oaths declare, and set down what, and how much money or commodities, and what sorts, and value the said I.H. disbursed, lent or delivered upon the security of the Bonds aforesaid, and when and to whom, and whether he had the same, or any part, and what part thereof back again, and what other satisfaction he the said I.H. hath received for or towards the said Bonds, or the money mentioned in the Conditions thereof and for whom, and to the end that the said I. H. and G.B. may be ordered to discharge your Orator of and from the said Bonds, and that all Sutes at the Common Law there­upon against your Orator may be stayed, that the matters concern­ing the same may be here determined in and by this Honourable Court, according to Equity: May it please your good Lordship, the premisses considered, as well to grant unto your said Orator Process of Injunction to be directed to the said I.H. commanding and enjoyning him, his Counsellers, Attorney or Agents and So­licitors, thereby to surcease and stay all Sutes and further proceed­ings at the Common Law, against your Crator upon the Bonds aforesaid, or either of them, untill the matters of Equity concern­ing the same be heard and determined in and by this Honourable Court; As also to grant unto your Orator his Majesties most gra­tious writ of Subpoena, &c.

A Bill of Revivor.

HUmbly complaining, &c. R. W. of, &c. brother and heir of W.W. late of W. &c. That whereas the said W. W. in his life-time, viz. in Easter Term, in the Fourth year, &c. exhibited his Bill of Complaint in this High and Honourable Court of Chancery before your Lordship, the tenor whereof followeth in these words; To the Right Honourable, &c. (recite the whole Bill verbatim.) And the said W.C. being accordingly served with Process of Subpoena, issuing out of this Court, appeared in the said Term, &c. and upon his Corporal Oath, then and there made his answer to the said Bill of Complaint, which answer remaineth upon Record in the Honourable Court, whereunto your Orator, concerning the particular matters and circumstances therein con­tained, prayeth, that he may refer himself for more certainty (and then in brief shew all the further proceedings in particular) since which time, may it please your good Lordship, that the said W.W. dyed, whereby the said Bill, Process and whole proceedings thereupon are abated, and yet nevertheless the whole right, title and interest of him the said W. W. in all the said Messuages and Lands, by his death, are lawfully descended and come to your Orator, as brother and next heir unto the said W. W. so that your Orator in equity ought to have such remedy, benefit and advantage against him the said W. C. for all the said Lands, &c. as the said W. W. might have had at any time in his life-time: May it therefore please your good Lordship, the Premisses considered, That the said Bill, Answer, Replication, Depositions, Orders and Certificates, and the whole Process and proceedings upon all and every of them, may be revived and stand in such state for your Orator against the said W. C. and his Heirs, to all intents and purposes, as the same were for the said W. W. at the time of the death of him the said W. W. and that your Orator may thereupon have such and as great benefit and advantage against him the said W. C. as your Orators said Brother W.W. might have had at the time of his death; and likewise that it may please your good Lordship, to grant unto your Orator Process of Subpoena, &c.

The beginning and conclusion of a single Answer.

THe said Defendant saving and reserving to himself, now and at all times hereafter all benefit of exception unto the incer­tainties, insufficiencies and imperfections in the said Bill of Com­plaint contained, for a full, plain, perfect and direct answer unto all and every the matters, allegations and things which are in the said Bill of Complaint contained in any sort or wise, material or effectual in the Law for this Defendant to answer unto, saith, &c.

The Conclusion.

Without that, that any other matter or thing in the said Bill of Complaint contained, material to charge this Defendant withall, or effectual by him to be answered unto, and not hereby sufficiently answered unto, confessed or avoided, traversed or denied, is true in such sort, manner and form, as herein before is expressed: All which, this Defendant doth and will be ready to aver, maintain and prove, as this Honourable Court shall award; and humbly prayes to be hence dismissed with his reasonable costs and charges in this behalf wrongfully sustained.

A Plea and Demurrer.

THe said Defendant by protestation, not confessing or acknow­ledging any matter or thing in the said Bill of Complaint con­tained, laid to the charge of this Defendant, to be true in such manner and form as is therein set forth: Saith, That the said Bill doth contain therein against this Defendant (as he is by his Coun­cil advised) many apparent imperfections, incertainties and in­sufficiencies, such as do afford unto him just cause and matter of exceptions, to plead in Bar, of the Plaintiffs further proceedings against him in this Honourable Court, thereupon the benefit and advantage of exception, whereof this Defendant apprehending, accordingly saith, first for answer to so much of the said Bill as is material to charge him withall; That he believeth it to be true, &c. (Answer what is necessary to be answered to the Plaintiff's Bill.) And as unto the accompt which the Plaintiff by his said Bill demandeth of this Defendant, and to all other the matters of the [Page 426]said Bill not before hereby answered unto, he this Defendant, for and by way of Demurrer thereunto saith, &c. And for all these matters, causes and reasons before alledged, and for divers other apparent incertainties and insufficiencies in the said Bill, doth under favour of this Honourable Court demur in Law unto and upon all those points of the said Bill not before answered unto, and demandeth judgement of this Honourable Court, whether the pre­misses standing in state, as is before alledged, he this Defendant shall be compelled to make any other or further answer thereunto; and whether the Plaintiff shall be admitted to any relief, examina­tion of Witnesses, or further proceedings against this Defendant in this Honourable Court thereupon, whose judgement therein this Defendant humbly expecteth, and most humbly prayeth to be dismissed, &c.

A Certificate for a Forma Pauperis in Chancery.
To the Right Honourable the Lord Keeper of the Great Seal of England.

MAy it please your Honour to be advertised by us, whose names are here under-written, That to our knowledge A.C. of, &c. is a very poor Woman, and not worth 5 l. and there being a Sute in Chancery lately commenced against her by one R.B. the same, besides, her trouble is like to bring upon her great expence, and unless the same may be prevented by your Lordships favour, by admitting of her in Forma Pauperis, the defence of such Sute otherwise is like to tend to her undoing. The Consideration of all which, we humbly leave to your Lordships further consideration, and do rest,

An Affidavit for the same.

I. S. of, &c. maketh Oath, that be verily believeth that A. C. of, &c. is not worth 5 l. of her own proper goods (her debts being paid) and she is very lame, and by reason of her infirmity, not well able to travel to London about such Sute as is prosecuted a­gainst her by one R. B.

The Petition of the same.
To the Right Honourable, &c.
The humble Petition of A.C. of, &c. Widow, Defendant to the Bill of Complaint of R.B. Complainant.

SHeweth, That your Petitioner is a very poor Woman, and not worth 5 l. as may appear by the Certificate hereunto annexed of sundry Persons of Quality, to whom her poverty is well known; and there being this last Term a long Bill exhibited by the Plaintiff in Chancery against her for and concerning, &c. and other things of like nature, she in respect of her poor estate shall not be able to answer or defend that Sute, unless your Lordship be pleased to admit her in Forma Pauperis, to be sued and sue concerning the same. Wherefore your Petitioner doth humbly desire, that your Lord­ship in consideration of her poverty, (she being not able to tra­vel) would be pleased in that behalf to admit her in Forma Pau­peris, and to assign Master G. and Master T. to be of her Coun­cil, and Master M. to be her Attorney, and she shall ever pray, &c. Answ. Upon the Certificate and Affidavit of Poverty annexed, let the Pertitioner be admitted to sue, and be sued in Forma Paupe­ris, as is desired.

The Form of the Title of a second Answer to be made upon a Report, &c.

THe further answer of A.B. one of the Defendants to the Bill of Complainant of C.D. Complainant, according to the re­port of E F. one of the Masters of this Court, made the 17 day of J. and of an Order of this Court of the 8 day of this instant month of April. 1664.

The said Defendant in obedience of the said order, and for fur­ther satisfaction of this Honourable Court, saith, &c.

All which matters and things, he this Defendant is, and will be ready to aver and prove, as this Honourable Court shall award, and prayeth as in this former.

The Form of Rejoynder.

THe said Defendant saving to himself now and at all times hereafter, all and every the advantages of exception to the in­certainties and insufficiencies of the said Replication, for Rejoyn­der saith, That he will aver and prove, That his said Answer by him put into this Honourable Court, to the Bill of the Plaintiffs is very true, certain and sufficient in the Law, and that all and eve­ry the matters, articles and things therein contained are true, in such sort, manner and form, as in and by this Defendants said answer they are truly set forth and declared; without that, that any other matter or thing material or effectual in the Law to be rejoyned un­to in the said Replication contained, and herein not well and suffi­ciently confessed or avoided, traversed or denied, is true; All which matters and things this Defendant doth and will aver and prove, as this Honourable Court shall award, and therefore pray­eth, as in and by the said Answer he hath already prayed.

A Warrant up on a Reference to a Master.
20 Junii. 1663. Inter W. O. quer. & R. G. Defend.

BY vertue of an Order of the 30 of M. last past, I have ap­pointed to consider of the matter to me reserved on T. next, at four of the Clock in the Afternoon, at my Chamber in, &c. whereof let the said Plaintiff, his Clerk or Solicitor have notice, to the end they may then and there attend, and with Councel if they please.

An Affidavit for serving a Subpoena. Inter J. G. Quer. & R. W. Defend.

I. G. of S. in the County of, &c. maketh Oath, That on, &c. of this present February, he personally served a Subpoena out of the Honourable Court of Chancery under Seal on R. W. of, &c. by delivering that (or the Label or body) &c. at his house unto the Wife of the said R. W. by which Subpoena he was to appear [Page 429]at the Sute of J. L. of, &c. and was returnable the first of this pre­sent month of, &c.

A Replication.
The Replication of T.E. Plaintiff to the Answer of G.C. Defendant.

THe said Repliant, saving unto himself now, and at all times hereafter, all and every the advantages and exceptions, to the incertainty and insufficiency of the said Answer, for Replication thereunto saith, That he will aver and prove, that his said Bill by him exhibited against the Defendant into this Honourable Court, is true, certain and sufficient in the Law to be answered unto, and that all and every the matters, articles and things therein contain­ed are true in such manner and form, as in and by the said Bill is set forth; and that the Answer of the Defendant is uncertain and untrue, and insufficient to be replied unto, without that, that any other matter or thing material or effectual in the Law contained in the said Answer to be replied unto, and herein not replied unto, confessed and avoided, traversed or denied is true; all which mat­ters and things, the said Plaintiff is, and will be ready to aver and prove, as this Honourable Court shall award, and therefore he doth pray, as formerly by his said Bill he hath already prayed.

An Affidavit that the Defendant cannot answer without sight of Writings in the Countrey.
Inter R. G. Quer. & W. O. & al. Defendants.

THe said Defendant W.O. maketh Oath, That upon perusal of the Plaintiffs Bill, he finds he cannot make direct and per­fect answer to the same, without the fight of certain Writings, which are in the County of H. about Thirty miles distant from this Court. And further deposeth, That his wife is at this present so sick and weak, that she is not able to make her personal appearance in the Court without danger of her life.

The Form of an Administrators Accompts.

THe Accompt of L.S. &c. Administrator of all and singular the Goods and Chattels of R.S. of, &c. his brother deceased, as well of and for such and so much of the same Goods and Chattels as came to his hands, as of and for his payment and disbursements out of the same, as followeth, &c.

The said Accomptant chargeth himself with all and singular the Goods and Chattels of the said deceased, specified in an Inventory thereof made and exhibited into the Registry of the Prerogative Court of Canterbury, amounting, as by the same Inventory appea­reth, to the sum of— And petitions for allowance, as follows,

Jmprimis, The said Accomptant desireth allowance of the several charges of the said deceased, as followeth viz. &c. amounting one way and other, as this Accomptant hath them in particulars to the sum of—

Item, The said Accomptant desireth allowance of certain debts due by the deceased at his death which this Accomptant hath since his death paid and discharged, that is to pay and discharge, as fol­loweth;

viz. Imprimis, to such a one —

The leading of an Inventory.

A True Inventory of all and singular the goods, chattels and credits of R.S. Gentleman, deceased, praized at L. the date of, &c. by I.T. &c. as followeth.

• Imprimis, his purse and apparel—
• Item, his books—
• Item, the annuity of A. B.—
• Item, the Reversions of N. Close—
• Sum—
• Item, one R. and E.—
• Debts—
• Item, Debts owing him—
• Item, desperate Debts—
• Sum—

An Answer to a Bill to be relieved against 8 l. per centum, for money left in the hands of a purchaser paid for after that rate.
The several Answers of J. L. one of the Defendants to the Bill of Complaint of S. C. Esq Complainant.

THe said Defendant, now and at all times hereafter, saving to himself all advantage and benefit of exception to the uncer­tainties and insufficiencies of the said Complainants Bill of Com­plaint, for answer thereunto he saith, True it is, that in November, &c. he this Defendant, together with his brothers, F.L. and W.L. did bargain and sell unto W.C. in the Complainants Bill named, and to his heirs, the scite of the Capital Messuage or farme of C. with the appurtenances, in the County of O. in the Bill mention­ed, with other lands and premisses for which the said W. did co­venant and agree to pay the sum of Six thousnad pounds, as in the Complainants Bill is mentioned; One thousand pounds where­of the said W.C. was by agreement to keep in his hands, being part of the purchase money for the benefit and behoof of B. L. Widow, this Defendants Mother, and for the Defendant F. L. this Defendants brother, and to such person or persons, and to and for such use and uses as the said F. should nominate and appoint, to the intent that the said B. in consideration of the said One thousand pounds remaining in the hands of the said W. C. should receive Fourscore ponds per annum, in respect of her releasing of her Joynture of and in the premisses, which was to be paid every half year unto the said B. for and during her natural life, in case the said F.L. lived, who is Survivor, and after her decease, the said Fourscore pounds per annum, to be paid to the said Defendant F.L. for and during his natural life, and to such women as he should take to wife, in case the said F. married and died before such a wife, for and during her natural life, for and in lieu of her Joynture, with divers other covenants and conditions contained in an Indenture made the, &c. between the said B.L. & F.L. on the one part, and the said W.C. on the other part, to which this Defendant in all things referreth himself, as therein more at large the same doth and may appear. And amongst the rest it is co­venanted and agreed between the parties to the said Indenture, that after the death of the said F. and of his said wife, if he did marry, then the said One thousand pounds to remain to the issue of their [Page 432]two bodies lawfully begotten; and if they have no issue then li­ving, then the said One thousand pounds is to go according to the true intent and meaning of the said last recited Indenture, and if the other Defendant R.L. this Defendants second Brother should happen to die, surviving the said F. then the One thousand pounds is to remain in the hands of the said F for ever; and for the better securing of the payment of the said Fourscore pounds per annum, and of the said One thousand pounds, the said W.C. in and by the said last recited Indenture, did grant, bargain, sell, enfeoff and confirm unto the said B. this Defendants mother, and to the said F.L. his heirs and assigns for ever, all that piece or parcel of pasture-ground lying in C. aforesaid, commonly called or known by the name of, &c. then in the tenure or occupation of this Defendant, to which said Indenture this Defendant referreth himself, as will more at large appear, And this Defendant saith, that the said W.C. well knowing that he was thereunto bound by this agreement, du­ring his life-time did justly and truly pay the said Fourscore pounds per annum, unto the said B. this Defendants mother, by half-yearly payments during her life-time, who dyed about, &c. since, &c. and by and after the decease of the said F. L. this Defendants brother, by the advice and counsel of the Complainant himself, by this Deed of Assignment with a Letter of Attorney bearing date the, &c. did for and in consideration of the sum of Eight hundred and threescore pounds part of the said purchase money which the said F.L. did agree to pay unto this Defendant, in respect this De­fendant joyned in the sale of the said Mannor, Lands and Premis­ses, and did enter into a Bond of Fourscore pounds for payment thereof, and of other monies to this Defendants brother according­ly, did grant and assign unto this Defendant, and his heirs and as­signs, the said Fourscore pounds per annum, during the life of this Defendants said brother F. as in and by the said Deed of Assign­ment (relation being thereunto had) at large the same doth and may appear. And this Defendant saith, that after the said Assign­ment so made unto this Defendant, the said W.C. did by himself and his servant, and other on this behalf durinig all his life-time, pay the said Fourscore pounds per annum to this Defendant: and this Defendant is perswaded, had not the said W. C. well known that the said Fourscore pounds per annum was due to have been paid by him, that he would not have paid the same to this Defen­dant▪ And this Defendant saith, that after the death of the said W. C. I.C. his son and heir, or some other on this behalf did pay the same unto this Defendant, and this Defendant believeth the Com­plainant, [Page 433]hath some conveyance of the said premisses from the said I.C. but for what consideration this Defendant knoweth not, and saith, that the Complainant himself sithence the said purchase hath paid the same Defendant, and therefore this Defendant conceiveth that he is unjustly troubled touching the premisses. And this Defen­dant saith, that therefore (under favour) this Defendant concei­veth, that the said Fourscore pounds per annum, and also the said one thousand pounds, secured by part of the premisses bargained and sold, as aforesaid, it being so long before the Statute made for reducing interest money from Eight to six in the hundred, and the same Fourscore pounds per annum, being (as this Defendant con­ceives) due as parcel of the Contract for the said Lands assigned over to this Defendant for great and valuable considerations, the same shall not now be insringed, broken or repealed, for the causes in the Bill mentioned, or for any causes whatsoever; the rather, for that this Defendant and his brother, upon the confiderations and conditions aforesaid, did bargain and sell the said Mannors, Lands and premises at an undervalue: without that, that any other matter or thing in the said Bill of Complaint contained material or effectual in the Law, for this Defendant to make an­swer unto, and not herein before sufficiently answered unto, con­fessed and avoyded, traversed or denied, is true in such manner and form as in the said Bill is alledged; and this Defendant praveth to be dismissed out of this Honourable Court, with his reasonable costs and charge in this behalf most wrongfully sustained.

The beginning and conclusion of a Bill in Chancery, To the Right Hon­ourable Sir O.B. Knight and Baronet, Lord Keeper of the great Seal of England.

SHeweth unto your Lordship, your Orator E.L. of the City N. in the County of W. Gentleman, and M. his Wife, whereas, &c. The conclusion. May it therefore please your Lordship to grant to your said Orator his Majesties most gracious Writ of Sub­poena, to be directed unto the said W.C. thereby commanding him (or them, and every of them) at a certain day, and under a certain pain therein to be limited, personally to appear before your Lordship in this High and Honourable Court of Chancery, to an­swer the premisses, and further to stand unto and abide such order, direction and award concerning the same, as unto your Lordship shall seem meet: and your Orator shall daily pray for the long continuance of your Lordships prosperous estate.

A Lease of a Mill.

THis Indenture made, &c. between Sir T C. of, &c. Knight, and L. his wife, of the one part, and T.A. of, &c. of the other part, witnesseth, That the said Sir T.C. and L. for and in consider­ation of the rent and covenants hereafter in these presents expressed, and also for divers other reasonable considerations them thereunto moving, have demised, granted, and to farm-letten, and by these presents do for them, their, &c. demise, grant and to farm let unto the said T.A. all that their Grist, Water-Mill and Mills, being two Grist Mills under one Roof, commonly called or known by the name of S. Mill, with the appurtenances, scituate and being in the Parish of, &c. sometimes in the tenure or occupation of one E.D. and now or late in the tenure or occupation of N.C. or his Assigns, and the ground and soil whereupon the said Mill and Mills do stand, containing by estimation one 4th part of an acre, be it more or less, and also all the scite of Mill as well customary as conventio­nary of all the Tenants of that Mannor of D. in the said County, and all the toll and custom for grinding of all the Corn and grain whatsoever, as well of all the Tenants and Under-tenants of the said Mannor, now being, or which hereafter at any time shall be, during the term by these presents demised, as of all the Inhabitants now dwelling or abiding, or which hereafter shall dwell or abide within the said Mannor of D. aforesaid, and also all toll, benefit and custom for grinding of corn and grain whatsoever, and also all the said Hed-wares, and Mill-ponds do stand and are builded, and singular Hed-wares and Mill-ponds, and the Soil whereof and all Hed-wares hereafter to be builded, and the Soil and Earth thereof, and all Mill-pools, Mill-dams, Stanks, Banks, Ponds, Streams, Water, Water-courses, Rivers, Fishing, Fishing-places, Wayes, Paths, Passages, Easements, Profits, Commodities, Ad­vantages, Emoluments, and Appurtenances whatsoever to the said Mill, and other the premisses by these presents demised and gran­ted, or 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 scite or Mill of all the Tenants of the said Mannor, and the said toll and custom of grinding of all Corn and grain of the said Tenants and Inhabitants aforesaid, and all toll and custom of grinding of all Corn and grain whatsoever, and [Page 435]the said wares, Mill-dams, Mill-ponds, and the ground and soil thereof, Mill-Pools, and stanks, Banks, Rivers, Streams, Wayes, Passages, Fishings, and of and singular other the permisses herein before mentioned, or intended to be hereby demised and granted, and every part and parcel thereof with the appurtenances, unto the said T.A. his Executors, Administrators and Assigns, from the Feast-day of, &c. last past, before the date hereof, for and during, and unto the full end and term of, &c. from thence next ensuing, and fully to be compeat and ended; yielding and paying therefore yearly during the said term, the yearly rent or sum of, &c. at two of the most usual Feasts or terms or terms of payment in the year, that is to say, at the Feast, &c. by even and equal portions, the first payment thereof to begin and to be made at or on the Feast-day of, &c. next ensuing the date hereof: and if it shall happen the said yearly rent of, &c. or any part thereof to be behind and unpaid by the space of 14 dayes next over or after any of the said Feasts or dayes of payment, wherein 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 T,C. and D. his wise, or either of them, their or either of their Heirs, Executors, &c. into the said demised premisses, and every part and parcel therof to re-enter, and the same to have again, de­tain and possess, as in his, her or their first and former estate; and the said T.A. his, &c. thereout and from thence utterly to expel, put out and amove, these presents, or any thing herein contained to the contrary thereof in any wise notwithstanding. And the said T.A. for himself, his, &c. and for every of them doth covenant, promise and grant, to and with the said Sir T.C. and D. &c. by these presents, in manner and form following: That is to say, That he the said T.A. his, &c. shall and will from time to time, during the said term of, &c. hereby granted, do and make his and their sute and service, for and in respect of the premisses, to the Court and Courts of the said Sir T.C. and D. and their Heirs, to be kept and holden within the said Mannor of D. 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 unto the said Sir T.B. and D. and their Heirs, the sum of, &c. if it be demanded; and the said T.A. doth for himself, his, &c. further covenant promise and grant, to and with the said Sir T.C. and D. that he the said T.A. his, &c. within the space of three years next ensuing the date thereof, shall and will at his and their own proper costs and charges, lay out, disburse and bestow upon, about and in [Page 436]repairing, bettering and amending the said Mill or Mills before hereby demised, where most need shall be required, the sum of &c. and also that he the said T.A. his, &c. at his and their like proper costs and charges shall and will well any, &c. repair, amend, main­tain, uphold, and keep the said Mills to be repaired and amended, as aforesaid, and all other the afore demissed premisses, with the appurtenances, in, by and with all and all manner of needfull and necessary reparations and amendments whatsoever, when and as often as need shall require, during the said term, and the same Mills, and other the premisses, with the appurtenances, so being well and sufficiently repaired, upholden and amended in the end or other determinations of this present Lease, shall and will leave and yield up unto the said Sir T.C. and D. or one of them, their or one of their Heirs or Assigns. And the said T.A. for him, his, &c. doth likewise covenant and grant to and with the said, &c. that he the said T.A. his, &c. shall and will well and truly pay, or cause to be paid to the said, &c. his, &c. the said yearly rent of, &c. in manner and form as is before in these presents expressed limited and declated. And the said Sir T.C. and D do for them and their Heirs and Assigns, covenant and grant to and with the said T.A. his, &c. that in case any of the Tenants or Inhabitants of the said Mannor of, &c. shall and do at any time, during the said term hereby granted, withdraw or surcease to do suit of Mill to the said Mill, or to bring and carry, or cause to be brought and carried their Corn and Grain whatsoever to the said Mill or Mills by these pre­sents demised, there to have the same ground, or shall carry the same to any other place or places, to any Mill or Mills to be ground, then the Steward or Stewards of the said Mannor for the time being, shall and will upon all and every the presentment and presentments thereof, make, set and impose upon every such Te­nant and Tenants and Inhabitants, so withdrawing, and not doing his, or their suit or suits of Mill to the said Mill or Mills, such law­ful or reasonable Fine and Fines, Amerciament and Amercia­ments from time to time, as in such case is lawful and usual, and the same fine or Amerciament so imposed, shall receive or levy, & being so recited or levied, pay and deliver the same, or so much thereof, as the said T. A. his, &c. shall be prejudiced or damnifi­ed by reason of such withdrawing, as aforesaid, unto the said T.A. his, &c. And lastly, the said Sir T.C. and D. for them, their &c. do covenant, promise and grant to and with the said, &c. by these presents, that the said T.A. his, &c. and every of them, for and un­der the payment of the said yearly rent of, &c. above by these pre­sents [Page 437]reserved in manner and form aforesaid, and performing fulfilling and keeping singular the Covenants, grants, articles, clauses and agreements, before in these presents contained, which on his and their parts are and ought to be observed, perfor­med, sufilled and kept, shall and may lawfully, peaceably, and qui­etly have, hold, occupy, possess and enjoy all and singular the said demised premisses, and every part and parcel thereof, with their and every of their appurtenances, without lawful let sute, trouble, eviction, ejection, molestation or interruption whatsoever of them the said T.C. and D or either of them, their or either of their Heirs or Assigns, or any of them, or any other person or persons whatsoever claiming or to clam from, by or under him, her, them, or any of them, or for or by reason of his, her, their or any either of their acts, titles, means, assent, consent or procurement. In wit­ness, &c.

A singular Obligation from one to one.

KNow all men by these presents, That I.A. B. of the Parish of D. in the County of E. Husbandman, do stand, and am firmly bounden and obliged to F.G. of H. in the County of E. Yeoman, in the sum of fifty and one pounds and ten shillings of good and lawful money of England, to be paid to the said F.G. or his true and lawful Atturney, Executors or Administrators, to the which payment well, faithfully & truly to be paid, I do bind me, my Heirs, Executors and Administrators firmly by these presents, sealed with my seal. Dated the fifth day of October, in the Year of our Lord God, One thousand six hundred fifty and one.

An Obligation from two to one.

KNow all men by these presents, That we A. B. of the Parish of C. in the County E. Gentleman, and F.G. of the Parish of H. in the County aforesaid, Esq do stand and are firmly bounden and oblieged unto Sir H. I. of the Parish of K. in the said County of E. Knight, in the sum of One hundred and three pounds of good and lawful money of England to be paid to the said Sir H.I. or his true or lawful Attorney, Executors, and Admini­strators; to the which payment well and truly to be made, we bind our selves, and either of us by himself joyntly and severally for the whole, and in the whole, our and either of our Heirs, Executors and Administrators, and every of them firmly by these presents, sealed with our seals Dated the tenth day of September, in the Year of our Lord God, One thousand six hundred fifty and one.

An Obligation from three to one.

KNow all men by these presents, That we A.B. of C. in the County of D. Widow, E.F. of G. in the said County single-woman, H. I. of G. aforesaid, in the said County Mercer, do stand and are firmly bound and obliged unto K L. Citizen and Merchant adventurer of London, in the sum of 400 l. of good and lawful money of England, to be paid to the said K. L. or his true & lawful Attorny, Executors and Administrators; to the which pay­ment well and truly to be made, we do bind us, and every and either of us joyntly and severally; for and in the whole, our and every and either of our Heirs, Executors and Administrators, and every of them firmly by these presents, sealed with our seals. Dated the fifteenth day of October, in the year of our Lord God, One thousand six hundred fifty and one.

A Condition for Replevying Goods.

WHereas the above-named G.S. by vertue of his office, as Steward or Clerk of the Mannor, &c. upon several Com­plaints and Allegations of the above-bound T.H. hath granted forth several precepts for the replevying of divers and sundry of the Goods and Chattels, &c. detained by one, &c. Now there­fore the Condition, &c. that if the said &c. do with effect prose­cute the action which he hath commenced against the said &c. con­cerning the said Goods, and shall also make due return of the same, if return by Law shall be adjudged, and him the said G. S. from time to time, and at all times hereafter, do and shall save, defend and keep harmless and indempnified, against all men concerning the said Goods and Chattels, and the several Replevies granted; That then, &c.

A Condition to pay the moity of the Debt when itshall be received.

WHereas E.B. of, &c. by one obligation bearing date the, &c. (reciting the Bond) and whereas the moity or one half-part of the said sum of, &c. is due and payable unto the within-named, &c. as money by him lent unto the said F. and whereas the [Page 439]said, &c. before the ensealing of the same recited Obligation, did consent and agree that the said Obligation should be made only in the name of the said T.L. and the said T.L. to give his Obligation to the said R. G. for the same moity or half-part of the said debt. Now if the said T.L. his, &c. or any of them, do well and truly pay unto the said R. his, &c. the sum of, &c. at or in, &c. being the moity of the said, &c. on the, &c. or with as much convenient speed as he the said T. his, &c. can or may, next after he or they, or any of them, shall have received the said sum of, &c. in the con­dition of, &c. specified, with such interest as shall be due for the moity thereof. And if the said sum of, &c. shall not be paid at one entire payment on the said, &c. according to the condition of the Obligation, then if the said his, &c. do and shall well and truly pay unto the said, &c. his, &c. without any delay the moity of such part thereof, as he or they shall or may receive from time to time, &c. that then, &c.

Articles of agreement intended, made, concluded, and fully agreed upon the 10 day of, &c. between E.M. of &c. and R.A. of London, Merchant, &c.

WHereas the said E.M. the day of the date hereof, hath freely given and delivered unto the said R.A. the sum of, &c. to the intent and purpose that he the said R.A. shall accept and take into his service to be imployed in merchandizing affairs, W.M. son of her the said E.M, in consideration whereof, but more espe­cially at her request, and of the affection that the said R.A. beareth to the said W.M. he the said R.A. is contented and agreed to ac­cept and take the said W.M. to be his servant in merchandizing af­fairs, and other businesses, and accordingly to imploy him therein, not only in England, but in the parts beyond the Seas, where the said R. A. now tradeth, or hereafter shall trade, and that for the terme or space of Seven years, to be accompted from, &c. next en­suing the date of these presents, &c. and thereupon the said E.M. for her self, her executors and administrators, doth covenant and grant to and with the said R.A. his, &c by these presents, that the aforesaid W.M. her son, shall, during all the said term (if he so long live) well, diligently & faithfully to the uttermost of his power and skil, serve him the said R.A. in the Trade of merchanding, and other his affairs at such place or places, either beyond the Seas, or on this side, where the said R.A. shall design and appoint him, and [Page 440]with out absenting himself out of his said service or imployment, or neglecting the same: & that he the said W.M. at all times hereafter, during the said term, shall from time to time, not only receive and take into his charge and custody all and every such goods and merchandizes whatsoever, as by or for the use or account of the said R.A. shall be consigned or sent to him the said W.M. but also sell, utter and dispose of the same goods or merchandizes to the most profit he can for the said R.A. his, &c. shall also from time to time, and at all times, during the said term, follow and perform all and every such advice, directions, orders, and Commissions, as the said R.A. shall by Letter of advice, or otherwise give; send or make known to him the said W.M. in, about or concerning the Factory or Merchandizing aforesaid, and also that he the said W.M. shall at the charges of the said R.A. his, &c. provide and keep in due orderly manner, books of Accompt touching his said employ­ments in Merchandizing, as aforesaid, according to the custom of Merchants in such cases used, and shall deal justly, truly, plainly & faithfully to and with the said R.A. his, &c. in all and every his accompts, reckonings, bargains, buying, selling, doings and dea­lings in and about his said employment in merchandizing, as a­foresaid, and shall from time to time, once in every six months, or oftener, transmit and send unto the said R.A. his, &c. true ac­compts and reckonings of all the businesses and dealings of the said W M. in the premisses, and shall also send Letters of advice of the said R A. so often as conveniently he may or can, of all matters and occurrences that shall necessarily arise concerning his service or imployment, and shall also return and come to England, and bring all his books of accompts with him whensoever he shall be thereun­to advised and required by the said R.A. his, &c. by Letters missive or otherwise: and that the said W.M. shall from time to time up­on every reasonable request, not only shew forth all his books of accompts concerning all his doings and dealings, as aforesaid, and make and give unto the said R.A. his, &c. a just, true, plain and perfect accompt and reckoning in writing, of, for and concerning all and every such goods, wares, money, debts and Merchandizes whatsoever, as well of the said R.A. for his own proper use, or joyntly with any others which shall hereafter come to the hands, charge or factory of him the said W.M. or for which he the said W. M may or ought to be accomptable unto the said R.A. his, &c. And moreover, that he the said W M. shall within &c. next after the making and giving up every such accompt, as aforesaid, well and truly satisfie, pay and deliver unto the said R.A. his, &c. all & [Page 441]every such goods, wares, monies, debts, merchandizes, specialties and other things whatsoever, as by or upon the foot of the same account shall appear, of be found to be due, coming or belonging to him the said R. A. his, &c. by or from the said W.M. in any manner of wise.

Item, the said E.M. for her self, &c. doth covenant, promise and agree, to and with the said R.A. his, &c. by these presents, that she the said E.M. her, &c. at her and their own proper costs and char­ges shall and will find, provide and allow unto and for her said Son, decent and fitting linnen, woollen, and all other apparrel of all sorts fitting for him in his service and employment, during the said term.

Item, the said R.A. doth covenant, &c. to find and provide unto the said, &c. competent and fitting meat, drink, washing and lodging, and all other necessaries, (apparel only excepted) during all the said term. In witness, &c.

Bonds must be entred into, for performance of the Articles aforesaid.

A Deed for the Revoking of a Bargain and Sale, if so much meney be paid.

THis Indenture made, &c. in the Fourteenth year of the Reign of our Soveraign Lord CHARLES the Second, by the Grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, &c. Anno Dom. 1662. be­tween Sir I. S. of, &c. of the one part, and I. C. &c. of the other part; whereas the said I. C. by his Deed indented under his hand and seal, bearing date, &c. for the consideration therein mentio­ned, did alien, bargain, sell, enfeoff and confirm unto the said Sir I. S. and his heirs, All that the Mannor and Lordship of G. in the County of, &c. with all the rights, members and appurtenances thereunto belonging, together with all such other things as in the said Deed are expressed and contained, as thereby doth and may more fully appear: Now witnesseth, this present Indenture, and the said Sir I. for himself, his Executors, Administrators and As­signs, and for every of them, doth Covenant, promise and grant to and with the said I. C. his Heirs, Executors, Administrators and Assigns, and every of them by these presents, that if the said I. C. his Heirs, Executors, &c. shall pay &c. unto the said Sir I. S. &c. the sum of, &c. that then the said Deed of Bargain & Sale, shall be void, fru­strate, and of none effect or force in the Law, to all intents and pur­poses. And that then also the said Sir I. S. his Executors, &c. im­mediatly after the payment of the said sum of 2392 l. to the said Sir I. S. his, &c. at the day and place aforesaid, upon request to them or any of them made, shall and will re-deliver the said I. C. his Executors. Administrators or Assigns, the said Indenture of of bargain and sale, and the counterpart of this Indenture, and one Recognizance in the nature of a Satute-staple, of the sum 4000 l. [Page 443]wherein the said I C. standeth bounden unto the said Sir I. S. and all uch deeds, evidences and writing concerning the said mannors and premisses, which the said Sir I. S. or any other to his use, or by his apointment, shall have, then had and received of and from the said I. C. or of any other whatsoever, safe, undefaced and uncancel­led, and in as good plight as he or any other to his use, or by his appointment, shall have received the same, and that then also the said Sir I. S. his Heirs, &c. or some or one of them, shall and will upon reasonable request made, and at the proper costs and charges in the Law of the said I. C. his Heirs and Assigns, grant, release, and assign over the said Deed or Indenture of bargain and sale; and all his, and their, and every of their rights, estates and interests there­in, unto the said I C. his Heirs, Executors and Assigns, freed and discharged of and from all, and all manner of charges, incumbran­ces and demands whatsoever, had, made, committed, done, or wil­lingly suffered by the said Sir I. S. his Heirs, Executors, &c. or any of them, in such manner and sort, as by the said I. C. his Heirs or Assigns, or his or their Councel learned in the Law, shall be reason­ably devised or advised and required, so as he nor they be not com­pelled to travel further than the places of their abode, for the effect­ing thereof: And further, it is the true intent and meaning of these presents, and the parties hereunto, and the true intent, meaning and agreement of the said former Indenture of bargain and sale, that it shall and may be lawfull to and for the said I. C. his Heirs, Execu­tors, Administrators and Assigns, to have, hold and enjoy the said mannors and premisses, with their appurtenances, and to perceive, receive, and take the rents, issues, revenues and profits thereof, to his and their own use and uses, from time to time, and at all times hereafter, until default be made of payment of the said sum of 1392 l. before mentioned, or of any part thereof, at the day and place before mentioned, limited and appointed for the payment thereof, and during such time, and until such default be made, he the said I. C. for him, his Heirs, Executors, Administrators, and Assigns, doth covenant, grant and agree, to and with the said Sir I. S. his Heirs, Executors, Administrators, and Assigns, that he the said I. C. his Heirs, Executors, Administrators, or Assigns, will not do, commit, or willingly suffer any manner of wast, spoil, or destruction of, and in the premsses, or any part thereof, otherwise than for the necessary repair, building, or re-edifiing of any messu­age, house or building upon any the messuages, houses, or edifices before specified: And the said I. C. &c. covenanteth, &c. that if he [Page 444]the said I. C. his Heirs, &c. do not well and truly pay unto the said Sir I. S. his Heirs, &c. the said sum of 2392 l. before mentioned, to be paid at the day and place of payment aforesaid, according to the true intent and meaning of these presents, that then he the said I. C. his Heirs and Assigns shall and will within twenty dayes next after desault of payment of the said sum of two thousand three hundred ninty two pounds before mentioned, to be paid, deliver­ed, or cause to be delivered up unto the said Sir I. S. his Heirs, and Assignes, the full quiet and and peaceable possessions of the said Mannor or Lordship of S. and premisses, with the appurtenances, to the use and behoof of the said Sir I.S. and of his Heirs and Assigns for ever.

A Deed of Coven [...]nts to declare the trusts in a former Bargain and Sale; the Lands being to be sold for payment of Debts.

THis Indenture made, &c. Between, &c. whereas the said I. C. by this Indenture bearing date with these presents, made between him the said I. C. of the one part, and the said A.B. C.D. E.F. and G.H. of the other part; for the consideration therein mentioned, hath granted, bargained and sold unto the said A.B. C.D. E.F. and G.H. their Heirs and Assigns for ever, All that Capital Messuage or Tenement, &c. as in the other book to the end of the Habend: As in and by the said Indenture of Bargain & Sale more at large appeareth. Now this Indenture witnesseth, & it is hereby agreed and declared by and between all the patties to these presents, that the said Grant, Bargain and Sale was and is made, and the said A.B. C.D. E.F. and G H. and their Heirs, are and shall stand trusted with the premisses, to the intent and pur­pose, and upon trust and confidence that the said Land and premis­ses may be sold to the best value that may be, and the money which shall be raised thereby, to be disposed of, for and towards the pay­ment and satisfaction of such debts of the said I.C. as are mentio­ned in the schedules hereunto annexed, in such order as they are therein set down.

And lastly, It is agreed by and between all the parties to these presents, and by them declared to be their true intent and meaning. That if in case there be any over-plus remaining of the money which shall be raised by sale of the said Lands and premisses, af­ter such time as the debts mentioned in the said schedule be payed [Page 445]and discharged, That then such over-plus shall be imployed and disposed of, for and towards the satisfaction of such other debts as the said I.C. shall by any writing to be by him signed and sealed in in the presence of two or more Witnesses, declare and appoint, & no otherwise.

A Release for money that was left in the han is of a purchaser on pay­ment thereof.

THis Indenture made, &c. Between R. L. of S. in the County of C. Gent. and J. C. of the Inner Temple L. Esq of the one part; and T. G. Esq of the City of L. of the other part. Where­as upon a purchase lately made by the said T. G. of and from the said R.L. J.C. and S. his Wife, daughter of the said R.L. of cer­tain Lands in C. in the County of O. the sum of 628 l. part of the purchase-money payable by the said T.G. to the said R.L. was by agreement between them to remain in the hands of the said T. G. for such time, and upon such Conditions, and to such intents and purposes, as E.H. of and in the County of D. should set down and appoint, which sum of 628 l. was intended to remain as a security for the said I.G. against all incumbrances whereby the said Lands are or may be charged, and for saving him harmless from all damages whatsoever, which may, or might at any time hereafter happen to fall upon the said T. G. his Heirs or Assigns, or or upon any of the said lands and premisses, of any other the Lands of the said T.G. for or by reason of any the debts of the said I.C. and W. C. his deceased father, or either of them; and whereas the said T.G. at the time of the ensealing of the presents, at the request of the said R.I. hath paid the said sum of 628 l. to the said I.C. and R.I. or one of them, or to such as were appointed by them; or one of them, to receive the same. Now that the said R.L. and I.C. have received the said sum of 628 l. of and from the said T.G. the receipt whereof they do hereby acknowledge, and that the same in the last payment, and in full satisfaction of and for all the Lands, Tenements and Hereditaments which the said I. C. had in the County of O. and which the said T. G. purchased, and thereof and of every part and parcel thereof, they do clearly and abso­lutely acquit and discharge the said T. G. his Heirs, Executors, and Administrators, for ever by these presents; And in considera­tion of the premisses, the said R. I. and I. C. do for themselves joyntly, and either of them for himself severally doth covenant, [Page 446]promise and grant to and with the said T.G. his Heirs, Executors and Assigns, that they the said R.I. and I.C. shall and will from time to time, and at all times hereafter save, defend and keep harm­less the said T.G. his Heirs, Executors, and Assigns, and also all the said Lands and Premisses in C. aforesaid, or elsewhere in the County of O. so purchased by him the said T.G. and all others his Lands, Tenements, Goods and Chattels, of and from all loss and damage whatsoever, which shall happen, arise or befall for or in respect of any the debts of the said W.C. and I.C. or of either of them: In witness, &c.

A Proviso to be inserted in a Lease or a power of Revocation reserved.

PRovided always, That if the said, &c. his Executors or Ad­ministrators, or any of them, shall at any time hereafter pay or tender unto the said W.W. his Executors, &c or to any other person or persons whatsoever, to and for the use of the said W.W. his, &c. the sum of 12 l. of lawfull money of England, to the in­tent to make void this present Lease and Demise, and shall express and declare such his, her, or their intention, either by word, or writing, that then and from thenceforth this present Lease and De­mise shall cease and be void: In witness, &c.

A Presentation of a Minister to a Living, decording to the Form now used.

TO all Christian People to whom this present Writing shall come, we A.B. and C.D. the true and undoubted Patrons of the Vicaridge or Parish-Church of C. in the County of S. send greeting; for as much as the said Vicaridge or Parish-Church is lately by the death of E.F. the late Incumbent, there become void, and in our full right of Presentation, we do therefore hereby pre­sent you G. H. Clerk, Mr. of Arts, unto the Church of C. afore­said, and to the Vicaridge thereof, to have, hold and enjoy the same, with all and every the rights, members and appurtenances thereunto belonging, according to several former and late Acts of Parliament in this case provided; doing and performing the duties of a Pastor belonging to the said Church: In witness where­of [Page 447]we have hereunto subscribed our names and set our seals this [...] day of [...] in the Year of our Lord God, One thou­sand six hundred and fifty two.

A Lease of a Parsonage impropriate for three lives, upon surrender of a former Lease with extraordinary Covenants, with a Letter of Attur­ney to deliver possession, together with the Execution thereof endorsed.

THis Indenture made the 5th. day of March, in the Year of our Lord God 1651. Between R.S. of the City of Oxford, Gent. of the one part, and W.P. of London Esq of the other part; Witnesseth, that the said S. W. for divers good causes and considerations him hereunto moving, and especially in consideration of a Surrender made to the said W.C. of a Lease now in being for three lives, bear­ing date the 28. of March, in the Sixth year of the Reign of the late King Charles, made by I.S. father of the said W.S. party to these presents, deceased, to Sir H.M. deceased, of the parsonage of Bray, and other things hereafter in these presents mentioned, hath demi­sed, granted, and to farmlet, and set to the said W.P. the scite of the parsonage of Bray in the County of B. and all the houses upon the said scite builded, arable Lands, Meadows, Leasows and Pastures, Demesnes as well in several as in common to the said Parsonage belonging, and all the Rents of all the Tenements of the said W. S. as well Freeholders as Customary Tenants, and all the Tithings of Corn and Hay to the said Parsonage belonging, with all other the profits and commodities to the said Parsonage belonging or appertaining, except and to the said W.S. and his Heirs and As­sins, alwayes reserved all Wards, Marriages, Reliefs, Escheats, Fines, Heriots, Amerciaments, Woods and Underwoods, and the Advowson of the Parish-Church of Bray, when and as oft as it shall be void. To have and to hold, the said scite of the Parsonage aforesaid, and all the said Houses, Lands, Meadows, Leasows, Pastures, Tithes, and other the premisses, with all and singular the commodities and profits thereunto belonging, with their appurte­nances (except before excepted) to the said W. P. his Executors, Administrators and Assigns, for and during the lives of the said W.P. and M.P. his wife, and T.P. Son of the said W.P. and for and during the natural life of the longer liver of them, or any of them, yielding and paying therefore yearly, during the said Term, unto the said W.S. his Heirs and Assigns, Four pounds of good & lawfull money of England, at four Feasts or Terms of the year, [Page 448]That is to say, at the Feast of Saint Thomas the Apostle, the an­nuntiation of the blessed Lady Saint Mary the Virgin, the Nativi­ty of Saint John the Baptist, and St. Michael the Arch-angel, by even and equal portions, and if it happen the said yearly rent of Four pounds, or any part or parcel thereof, to be behind and un­paid, after any of the said Feasts above limited for payment thereof, during the said Term, by the space of one month, that then it shall be lawfull to and for the said W.S. his Heirs and Assigns into the the said scite, and all other the premisses to enter and distrain, and the distresses there taken to lead, drive and carry away, and do de­tain in the same till the said Rent, and the Arrerages thereof (if any shall be) they shall be fully satisfied and contented; and if the same Rent or any part or parcel thereof, be behind and unpaid after any of the Feasts above limited, for payment thereof, by the space of one quarter of a year, or if it happen the said W.P. or any of his Assigns, to make any waste in the said scite or other of the premis­ses; or any part thereof, except the same be re-edified and builded within one whole year next after notice and warning thereof to them given, that then it shall be lawfull to and for the said W.S. his Heirs and Assigns into the said Scite, Lands, Meadows, Lea­sows, Pastures, Rents, Tythings, and all and singular other the premisses, to re-enter, and the same to have again, possess and en­joy, as in his or their former estate, and the said W. P. his Execu­tors and Assigns thereof, and from thence utterly to expell and amove, this Indenture, or any thing herein contained to the con­trary notwithstanding. And the said W.P. for himself, his Execu­tors, Administrators and Assigns, doth Covenant and grant, to and with the said W.S. his Heirs and Assigns, that he the said W.P. his Executors, Administrators and Assigns, shall find to the said W.S. and his Heirs, and his and their Deputies and Officers, com­ing to the said Scite or Parsonage as well for the Courts and Law dayes there to be kept, as for the survey of the Premisses, Meat, Drink, House-room and beds convenient and necessary for their Degrees; and for their horses, hay, litter, and provinder sufficient, at the costs of the said W.P. his Executors and Assigns, from time to time during the said term: And that the said W.P. and his Assigns, during the said term, shall yearly finde to the Suitors of the Court of Bray, such Dinners or Repasts as I.P. and other Far­mours there have used to do, taking of the said W.S. 10 s. yearly during the said term, and that the said W.P. and his Assigns, all the Dung upon the said Scite and other the Premisses, gathered and hereafter during the said term to be gathered upon the Lands and [Page 449]Demeasnes of the said Parsonage, and in none other place, shall lay or spread during the said term, and also shall leave all the Meadows of the said Parsonage unmowed, with their grass and vesture full growing as in the beginning of the said term they shall be left to him; and that the said W.P. and his Assigns, the great Barn of the said Parsonage, and all the Houses upon the said Scite builded, and all the Hedges, Walls, Ditches, Inclosures, and other the Premisses during the said term, shall sufficiently re­pair, maintain, scour and keep at their onely costs and expences, and so in the end of the said term, shall leave them (the said W.P. and his Assigns,) taking sufficient great Timber for the same in Grounds of the said W.S. at Bray aforesaid, and the said W.P. Co­venanteth and Granteth by these presents, for him, his Executors and Assigns, that he or one of his Assigns, shall be continually dwelling upon the said Scite with all their houshold, or else shall appoint a convenient Tenant or Under-tenant, to dwell and abide thereupon by themselves and all their houshold, during the said term: And the said W.S. hath constituted, ordained and appoin­ted, and by these presents, doth constitute, ordain and appoint H. W. to be his true and lawful Attorney, for him, and in his name and stead, to enter into the said Scite, Parsonage, and other the premisses, or into some part thereof, in the name of the whole, and possession of the same to take, and after to deliver seisin of all the said premisses, or of some part thereof in the name of the whole, unto the said W.P. or to his Attorney, lawfully authorized to receive the same, To have and to hold, to him the said W.P. his Executors, Administrators and Assigns, for and during the lives of the above named W.P. M.P. and T.P. and the life of the longer liver of them, according to the purport, effect and true meaning of this Indenture. In witness whereof the said parties to these presents, their hands and Seals enterchangeably have set, the day and year first above written.

The Execution of the Letter of Attorney for possession, endorsed on the back of the Lease aforesaid.

MEmorandum, That the [...] the day of [...] in the Year of our Lord God, &c. the within named H.W. according to the power and authority to him given by the within named W.S. did enter into the Parsonage House of Bray in the County of B. in the Name of the whole Rectory and premisses withinmentio­ned [Page 450]to be demised, and did deliver possession and seisin thereof unto the within named W.P. To have and to hold, according to the purport and effect of the Deed within written, in the pre­sence of, &c.

A Grant of an Annuity for three Lives, with the Inheritance of the Land assured for the same by Recovery and Fine. Well penned.

THis Indenture made, &c. Between the Right Honourable H. Earl of H. and the Right Honourable K. Countess of H. now his Wife, on the one part; and I.S. and A. his Wife, on the other part; Witnesseth, That the said E. for and in consider­ation of the sum of 3000 l. of good, &c. hath given and granted, and by these presents, doth give and grant for him, his Heirs, Executors, and Administrators, one Annuity of 500 l. of lawfull, &c. by the said Earle, his Heirs, Executors, Administrators or Assigns from henceforth yearly to be paid to the said I.S. and A. and their Assigns, and to the survivor of them, and the Assigns of the survivor of them by and during all the term of the natural lives of the said I. and A. and the natural life of the longer liver of them at the Northgate of the new-building scituate within the City of L. commonly called the Royal Exchange, &c. at two equal payments in every year in manner and form following, that is to say, on the twentyeth day of November, between the hours of, &c. in the afternoon of the same day 250 l. and on the twentyeth of May between (like hours) in the afternoon of the same day 250 l. the first payment thereof to begin and to be made on the said twentieth day of November next coming, and so from thenceforth to have continuance, and yearly to be paid to the said I. and A. and to the longer liver of them and their Assigns, and to the As­signs of the longer liver of them, every year upon the said dayes, and within the said times, and at the said place, during the nature lives of the said I. and A. and the natural life of the longest liver of them.

And for the said consideration, and for a good and certain surety and assurance to be had and made to the said I.S. and A. his Wife of and for the said annuity and yearly pay­ment of 500 l. to them, Covenant for per­fect assurance to be made for the [...]nuity. and the survivor of them, and to their Assigns, and the Assigns of the Sur­vivor of them, well and truly to be made every year during their natural lives, and during the na­tural [Page 451]life of the longer liver of them, according to the tenor, ef­fect, and true meaning of these presents: The said Earl for himself, his Heirs, Executors and Administrators, & every of them, and for the said Countesse his Wife, doth covenant, grant, and agree to and with the said I. and A. their Executors, Administra­tors and Assigns, and every of them by these presents, The said Earle and Countess will permit, &c. to recover, &c. by Writ of, &c. That he the said Earl and the said Countesse his Wife before the last day of Nov. now next coming, shall and will per­mit and suffer the said I. and A. at the cost & charges in the Law of the said I. lawfully to recover against the said Earl & Countess by Writ of Entry Sur Dis­seisin with Voucher or Vouchers, after the order and course of Common Recoveries, of all that the Mannor of A. with the ap­purtenances in the County of S. &c. and all and singular Messua­ges, Lands, Tenements, Rents, Reversions, Rights, Patrona­ges of Churches, Franchises, Liberties, Jurisdictions, Priviled­ges and Hereditaments whatsoever, esteemed, reputed, used, demised, or taken as part, parcel or member of the said Mannor of A. and all and Singular Mannors, Messuages, Lands, Tenements, Reversions, Services, and Hereditaments whatsoever, which the said Earl and Countesse have, or either of them hath, or at any time had in, or within the said, &c.

And also the said Earl and Countesse shall likewise permit and suffer the said I. and A. lawfully to recover against the said E. and C. by another Writ of Entry sur disseisin with Voucher or Vou­chers after the order, &c. of all that the Man­nor, &c. and likewise to re­cover, &c. by another Writ of Entry. And that all the said Recoveries shall be in due Form of Law lawfully Exe­cuted.

And moreover, that as well the said E. and C. now his Wife, at the costs and charges of the said I.W. in the Law on or before the last day of November, now next coming as aforesaid, shall and will by fine in due form of Law, to be levied with proclamations, according to the statute in that behalf provided, convey and assure unto the said I. and A. and to their Heirs, or to the Heirs of one of them, all the said Mannors, and all the premisses, with all and singular their appur­tenances, with warranty of the said E. and the said C. his Wife, and of the Heirs of the said E. of all the premisses to the said I. S. and A. his Wife, and to the Heirs of the said I. against all men, as also, that after the said Fine had recovered and executed, Sir G.H. [Page 452]Kt. brother of the said E. on this side (such a day) at the costs and charges in the Law only of the said I. and A. or of their Assigns, shall and will by Fine with Proclamations according to Statute in due form of Law, by him the said Sir G. to be levied, grant and release unto the said E. and his Heits, all and singular the premis­ses with warranty of the same to the said E. and his Heirs against him the said Sir G. and his Heirs, according to the usual manner of Fines.

And it is condescended, concluded and agreed between the said parties, that as well the said Fine of the said E. That the fine and re­coveries shall be to the use of, &c. and C. and the said Recovery and Recoveries, so to be had and executed, as is aforesaid, as also the said Fine of the said G. H. and all other Fine and Fines, Re­covery and Recoveries, Assurance and Assurances whatsoever spe­cified or mentioned in these presents, shall be to the uses, intents and purposes hereafter expressed in these Indentures, and to none other use or uses, intent or purpose that is to say, to the use and be­hoof of the said E. and his Heirs, untill default of payment shalt be made of the said Annuity granted by these presents, or of some part thereof contrary to the form, tenor and effect of these presents, and after default of payment of the said Annuity, or any part there­of, contrary to the form, tenor and effect of these presents, then to the onely use and behoof of the said I. and A. and for and during the term of their natural lives, and the life of the longer liver of them, their Assignee and Assignees; And the Assignee of the sur­vivour of them. In witness whereof, the said parties to these pre­sents, their hands and seals interchangeably have set the day and year first above-written.

A Lease for a year.

THis Indenture made the, &c. day of, &c. in the Year of our Lord God, according to the accompt used in England, 1658. between W. S. the elder of, &c. in the County of, &c. Esq and Doctor in Divinity, of the one part, and S.M. and C.D. of, &c. in the County of, &c. Gent. of the other part, Witnesseth, that the said S.W. for, and in confideration of the Sum of five shillings of lawful money of England to him in hand paid by the said S.M. and C.D. whereof he doth hereby acknowledge the receipt, hath bargained and sold, and doth by these presents bargain and sell [Page 453]unto the said, S.M. and C.D. their Executors, Administrators and Assigns, all the Lands, Tenements and Hereditaments, with their and every of their appurtenances, commonly called or known by the Names of, &c. (containing by estimation six hundred and thity acres, be the same more or lesse, scituate, ly­ing and being in the Towns, Parishes, Villages and Hamlets of G. and S. in the said County of, &c. or one of them; together with all other lands, tenements and hereditaments, heretofore of Sir S.W. deceased, and now or late of the said S.W. that are sci­tuate, lying and being in the Towns, Villages and Hamlets of M. and T. aforesaid, or either of them) and also the reversion and reversions, remainder and remainders thereof, to have and to hold the said lands, tenements, hereditaments and premisses, with the appurtenances, unto the said S M. and C.D. their Executors, Administrators and Assigns, from the day next before the date hereof, unto the end and term, and for and during the term of one year from thence next ensuing, to the intent, that by virtue thereof, and of the Statute for transferring uses into possession, the said S.M. and C.D. may be in the actual possession of the said lands, tene­ments and premisses; and be enabled to take and accept of a grant and release of the same premisses to them, their Heirs and Assigns for ever. In witnesse, &c.

A Release and confirmation of the precedent lands.

THis Indenture made the, &c. day of, &c. in the year of our Lord God, according the accompt used i [...] England, 1658. Between W.S. of, &c. in the County of, &c. Esquire and Dector in Divinity of the one part, and S.M. and C.D. of, &c. in the County of, &c. Gentleman, of the other part. Whereas the said W.S. by Indenture bearing date the, &c. day of this instant moneth of, &c. for the consideration therein expressed, did bargain and sell unto the said S M. and C.D. all those lands, tenements and hereditaments, with their and every of their appurtenances, commonly called or known by the Name of, &c. (containing by estimation six hundred and thirty acres, be the same more or lesse, scituate, lying and being in the Towns, Villages, and Hamlets of T. and M. in the said County of, &c. or one of them, together with all other lands, tenements and hereditaments hereofore of Sir S.W. deceased, and now or late of the said S.W. that are sci­tuate, lying and being in the Towns, Villages and Hamlets of [Page 454]G. and S. aforesaid, or either of them) and also the reversion & reversions, remainder & remainders of the said lands, tenements and premisses, and every part thereof: To have and to hold the said lands, tenements and premisses, with the appurtenances, un­to the said S.M. and C.D. their Executors, Administrators, and Assigns, from the day next before the date of the said recited In­denture, unto the end and term of one year from thence next fol­lowing; To the intent, that by vertue thereof, and of the statute for transferring uses into possession, the said S.M. and C. D. might be in the actual possession of the said lands, tenements and premisses, and be enabled to accept of, and take a grant and release of the reversion and inheritance thereof to them and their Heirs, to the use of them, their Heirs and Assigns for ever, as by the said recited Indenture more at large appeareth. Now this In­denture witnesseth, that the said S.W. as well for and in considerati­on of the sum of, &c. of lawfull money of England paid, and secured to be paid by the said S. M. and C. D. to several persons, by the direction and appointment of the said S. W. and for some of his debts, wherewith the said lands and premisses stood charged and lyable; That is to say, three thousand pounds, part thereof to F.R. Esquire, and C. I. Citizen and Mercer of London, in satis­faction and discharge of the money due to them, by and upon a grant and conveyance thereof heretofore made of the said lands and premisses by the said W.S. and R.I. Esquire to the said F. R. and C.I. and their Heirs, and, &c. residue of the said sum of, &c, to Sir C.C. and Sir P.E. in satisfaction and discharge of their right and estate which they had, of, and in the premisses by a grant and conveyance of the said S.W. before this time made to them and their Heirs. As also in consideration of a competent sum of money by the said S. M. and C. D. to the said S. W. in hand paid, whereof he doth hereby acknowledge the receipt, hath granted, remised, released and confirmed, and doth by these presents grant, remise, release and confirm unto the said S. M. and C. D. in their actual possession now being (by ver­tue of the said recited Indenture of bargain and sale made to them of a year, and of the said statute) and to their Heirs and Assigns, the aforesaid lands, tenements, hereditaments and premisses, with the appurtenances; and all the estate, right, title, interest, claim and demand whatsoever of the said S.W. of, in, and to the same and every part thereof; and the reversion and reversions, re­mai [...]d [...]r and remainders thereof, and of every part thereof; To have and to hold the said lands, tenements, hereditaments and pre­misses, [Page 455]with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever, to the onely use and behoof of the said S.M. and C.D. their Heirs and Assigns for ever. And the said S.W. for himself, his, Heirs, Executors, Administrators and As­signs, doth covenant and grant, to and with the said S. M. and C. D. their Heirs and Assigns by these presents in manner and form following; that is to say, that the said S.M. and C.D. their Heirs & Assigns, shall and may from time to time, and at all times for e­ver hereafter peaceably and quietly have, hold and enjoy the aforesaid lands, tenements and premisses, with the appurte­nances before herein mentioned to be granted, without any let, trouble, molestation or interruption of the said S.W. or of his Heirs, or of any other person or persons whatsoever, having or lawfully claiming to have any estate, right, title, interest, term, claim or demand, of, in, and to the same, and every or any part thereof, and that freed, acquitted and discharged, or well and suf­ficiently saved and kept harmless by the said S.W. his Heirs, Ex­e [...]utors, Administrators and Assigns, of, and from all former and other grants, bargains, sales, feoffements, mortgages, joyntures, dowers, leases, estates, Statutes-Merchant, and of the staple re­cognizances, judgements, executions, post-fines, issues, amer­ciaments, rent-charge and seck, all arrerages of rents, and of, and from all other titles, troubles, charges and incumbrances whatso­ever, had, made, committed, suffered or done by the said S.W. or by any other person or persons whatsoever (except one conditi­onal grant of the premisses heretofore made by the said W.S. and B.I. Esquire to F.R. Esquire and C.I. Citizen and Grocer of London, their Heirs and Assigns, by way of Mort-gage for se­curity of payment of a sum of money therein mentioned. And also that the said S.W. Sir C.C. and Dame E. his wife, and S.W. Esquire and C. his wife, the said C. and E. being sisters and co­heirs of S.C. Esquire deceased, their Heirs and Assigns, and all and every other person and persons, having or lawfully claiming to have any estate, right, title, interest, clame or demand, of, in, or to the said Lands, Tenements and Premisses, hereby granted, or any part thereof, shall and will from time to time, and at all times hereafter, at the reasonable request, and at the Costs and Charges in the Law of the said S.M. and C.D. their Heirs and Assigns, make, do, acknowledge, levy, suffer and execute, and cause and suffer to be made, done, acknowledged, levyed, suffered and exe­cuted all and every such other and further acts, things, devices and assurances in the Law whatsoever of the said Lands, Tenements, [Page 456]and Premisses before herein mentioned to be granted, with the appurtenances, unto the said S.M. and C.D. their Heirs and As­signs, be it by fine, feoffment, deed or deeds, enrolled or not en­rolled, recovery with voucher or vouchers over release and con­firmation, or by all or any of them, or by any other reasonable assurance in the Law, as by the Council learned in the Law of the said SM. and C.D their Heirs or Assigns, shall be reasonably dey [...]sed or advised and required, the which said further assurance and assurances so to be had and made, shall be and shall endure, to the only use and behoof of the said S.M. and C.D. their Heirs and Assigns for ever, and to no other use or uses, intents or pur­poses whatsoever. In witness whereof, the said parties to these presents, their hands and seals interchangeably have set the day and year first above-written.

Note, that this Conveyance of Lease and Release is much in use, and works without the formal act of livery and seisin.

Note also, that if you leave out the Recital in the Release, and put in the word Enfeoffe in the Grant, then the Release works alone without the Lease with livery.

A Release from an Executor to two Creditors of the Testator of all Debts.

BE it known unto all men by these presents, That I C. E. Citizen and Mercer of, &c. Executor of the last Will and Testament of E.G. late Citizen and Haberdasher of, &c. deceased, have remised and released, and by these presents, for me, my Heirs, Executors and Administrators, do remise, release, and for ever quit-claim unto C.R. of, &c. in the Province of, &c. in the parts beyond the Seas, Haberdasher, and C.I. of, &c. Gent, and unto either of them, all and all manner of actions, suits, debts, debates, accompts, rec­konings, bills, bonds, writings obligatory, covenants, judgements, extents, Executions, claimes, duties, and all other demands what­soever, which of or against the said C.R. and C.I. or either of them, their or either of their Heirs, Executors or Administrators. or any of them, ever I have had, now have, or hereafter shall or may have by force and vertue of the execution of the last Will and Testament aforesaid, or by reason, force, colour or means of a­ny other act, matter, cause, deed or thing whatsoever it be, from [Page 457]the beginning of the world until the day of the date of these presents. In witness whereof I have hereunto set my hand and seal the, &c. day of, &c.

A Release with an exception of some Bonds, &c.

KNow all men by these presents, That I W.H. Citizen and Merchant-taylor of, &c. have remised, released and dischar­ged, and by these presents do for me, my Executors and Admini­strators, remife, release and discharge unto R C. of, &c. Barber-chy­rurgion, all and all manner of debts, sums of money and demands, bills and bonds whatsoever, between me the said W. H. and the said R.C. for any matter or thing whatsoever before the day of the date hereof, excepting two bills, bearing date the, &c. day of, &c. the one for payment of five pounds one the, &c. day of, &c. next coming; and the other for payments of five pounds on the, &c. day of, &c. now next coming.

In witness whereof I have hereunto set my hand and seal the, &c. day of, &c.

A Release from two Partners to two Debtors.

KNow all men by these presents, That we P. E. and L. T. Ci­tizens and Merchant-taylors of, &c. have remised, released and quit-claimed, and by these presents for us, our heirs, executors and administrators, joyntly and severally do remise, release and quit-claim unto C.R. of, &c. in the Province of, &c. in the parts be­yond the Seas, Haberdasher, and unto C.H. brother of the said R. and to either of them, all and all manner of actions, suits, debts, bills, bonds, reckonings, accounts, and all other matters, causes, things and demands whatsoever between us the said P.E. and L.T. or either of us, and the said C.R. and C.H. or either of them, for any matter or thing whatsoever at any time or times, before the day of the date of these presents.

A Grant of the Stewardship of a Mannor during pleasure.

TO all Christian people to whom this present writing shall come, I P. I. of the Middle-Temple, London, Esquire send greeting in our Lord God everlasting. Know ye, that I the said P.I. have given & granted, and by this my present Writing do give and grant unto B.I. of, &c, in the County of, &c. Gent. the of­fice of Steward and Stewardship of all that the Mannor of, &c. and of the hundred of, &c. in the County of, &c. and also the custody and keeping of the Courts, Leets and other Courts of, and within the said Mannor and hundred, together also with all sees and profits thereunto belonging, to have, hold and enjoy the same to him the said B.I. by himself or his sufficient deputy, for and du­ring my will and pleasure. In witness whereof I the said P.I. have hereunto set my hand and seal, dated the, &c. day of, &c.

Sealed and delivered in the presence of

An Agreement of Creditors to take their Debts by four several payments, and abate all interest.

WE the Creditors of C.H. whose names are hereunder sub­scribed, are all content, and do every one of us severally and respectively for himself agree and promise to take and accept of such principal debts as are due unto us from the said C.H. at such four dayes of payment as is aforesaid mentioned (the said payments to be made by even & equal portions) That is to say, one fourth part of our said several debts on or before the, &c. day of, &c. next coming; one other fourth part thereof on the, &c. day of, &c. now next also ensuing; one other fourth part there­of one the, &c. day of, &c. which shall be in the Year of our Lord God, &c. and the residue of our said several debts being the last and fourth part on the, &c. day of, &c. which shall be in the year of our Lord God, &c. in full payment and satisfaction of our said debts: and upon the said C. H. making the first payment, and giving us respectively his bonds or bills for the three last payments, accor­ding to this agreement, we will deliver up our old securities, and discharge him thereof. Witness our hands the, &c. day of, &c.

A Lease of a side of a Shop and other conveniencies, with a grant of goods and wares, according to a schedule annexed.

THis Indenture made the, &c. day of, &c. Between E.H. Ci­tizen and Stationer of, &c. on the one part, and H.T. of the same City Stationer on the other part, Witnesseth, that the said E.H. for and in consideration of the yearly rent hereafter in and by these presents reserved to be paid, hath demised, granted, and to farm-letten, and by these presents doth demise, grant, and to farm-let unto the said H.T. all that part of the Shop now in the occupation of the said E.H. being the West-side of the same Shop, & also the ware-house at the end of the same Shop, which said ware­house abutteth upon the South-end of that part of the said Shop which now is in the occupation of A.R. as the same demised part of the said Shop, and also the said demised ware-house now are in the occupation of him the said E.H. and parcel of his dwelling house, called or known by the name or sign of the, &c. in, &c. scituate in the Parish of, &c. And the said E.H. for the consider­ation aforesaid, doth further grant unto the said H.T. free li­berty and passage from and out of the said Shop into the yard be­longing to the said Messuage, in, by, and through the entry there at all seasonable and convenient times to draw and use water at the Cistern standing in the said yard, and for any other convenien­cy, and also room in the Celler belonging to the said Messuage, to set Ink in pots or tubs there, & to carry & fetch away the same, as oc­casion shall be from time to time, doing as little harm thereby as may be; To have and to hold the said West-side of the said Shop, and also the said ware-house with free use of room, liberty and passage, as aforesaid, unto the said H.T. his Executors, Admini­strators and Assigns, from the day of the date of these presents, unto the full end and term of seven years from thence next ensuing and fully to be compleat and ended, yielding and paying therefore yearly during the said term unto the said E.H. his Executors, Ad­ministrators and Assigns, the sum of twenty pounds of lawful mo­ney of England at the Feasts of, &c. by even and equal portions; and if it shall happen the said yearly rent of twenty pounds to be behind, or unpaid in part or in all, by the space of fourteen dayes next after either of the said Feasts, at which the same ought to be paid as aforesaid (being lawfully demanded,) That then and from thenceforth, it shall and may be lawful to and for the said E. [Page 460]H. his Executors, Administrators and Assigns, into the said demi­sed premisses to re-enter, and the same to have again, re-possess and re-enjoy, as in his former estate, any thing therein contained to the contrary notwithstanding: And the said E.H. doth hereby covenant and grant to and with the said H.T. That he the said E. or any other by his leave, sufferance or title, shall not, neither will, during the said term, sell or cause, or procure to be sold or vended in the said East-side, or part of the said shop now in the said A.R. his occupation, any wares or commodities whatsoever belonging to the Trade of a Stationer, or which the said E.H. usually selleth or hath sold in the said now demised part of the same Shop (ex­cepting all manner of printed books) And the said E.H. for and in consideration of the sum of One hundred thirty six pounds six shillings and eleven pence of lawful money of England to him in hand paid by the said H.T. before the ensealing and delivery of these presents, whereof he the said E. doth hereby acknowledge the receipt, hath bargained and sold, and by these presents doth bargain, sell, assign, set over and deliver unto the said H. T. all and singular the compters, shelves, boxes, drawers, goods, chat­tels and wares of him the said E. H. being and remaining in and about the said demised premisses, and which are mentioned and expressed in a Schedule or Inventory to these presents annexed, to have, hold, enjoy, retain, keep and dispose of the said compters, shelves, boxes, drawers, goods, chattels and wares, and every of them, and every part or parcel of the same unto the said H. T. to the only proper use and behoof of him the said H. his Execu­tors and Administrators, without any let, denial, molestation or interruption of the said E.H. or of any other by or through his meanes, consent, title or procurement: And the said H.T, doth hereby covenant and grant, to and with the said E.H. that he the said H. his Executors or Assigns, shall and will at the end of the said term, leave the said compters, shelves, drawers and boxes, in the same places where they now stand, if the said E. will then pay for the same unto the said H. the sum of eight pounds of good and lawful English money. In witness whereof the par­ties first above-named, have to these presents interchangeably set their hands and seals the day and year first above-written.

A Declaration of one, whose name is used in trust in an Obligation.

WHereas in and by one Obligation bearing date with these presents, G.H. Citizen and Girdler of London, standeth bound to me I.K. Citizen and Girdler of London, in the sum of one hundred pounds, conditioned for payment of one and fifty pounds and ten shillings, on the, &c. day of, &c. now next en­suing, as thereby appears. Now I the said I. K. do hereby ac­knowledg and declare, that the moneys lent upon the said Obliga­tion, was all the proper moneys of L.M. of London Gent. and that my name is used in the said Obligation only in trust, and for the benefit of him the said L. M.

Witness my hand and seal the, &c. day of, &c.

A Presentation to a Living by one who had the next donation granted to him by the Patron, according to the latest form.

TO the Right Honourable the Commissioners &c. I A B. of C. in the County of D. Gent. present to you E.F. Clerk to the Rectory of G. in the said County, with all the profits thereun­to belonging; By the resignation (or by the death) of H. I. the last Incumbent there, being now void, and in my gift, by vertue of a gift and grant thereof to me the said A.B. made by K.L. of M. in the said County Esq the true and undoubted Patron of the same Rectory, by a sufficient writing under his hand and seal, bearing date the, &c. day of, &c. last past, by which the said K.L. the first and next advowson, nomination, donation, collation, presentation and free disposition of the aforesaid Rectory, with all its rights, members and appurtenances whatsoever, did to me the said A. B. give and grant, desiring you to admit the said E. F. to the said Church and Rectory, and to institute him Rector there: And likewise to invest him with all the rights, members, and appurte­nances whatsoever thereunto belonging: and that you fully accom­plish and fulfill all other the feveral acts and things, which your Office obligeth you to perform herein.

Witness my hand and seal the, &c. day of, &c. in the year of our Lord 1658.

A Presentation by a Patron, of the latest form.

TO the Right Honourable &c. I A.B. of C. in the County of D. Esquire, the true and undoubted Patron of the Parish-Church and Rectory of G. in the County of H. present unto you I. K. Clerk to the said Rectory of G. with all the profits thereunto belonging by the resignation or death (as the case is) of L. M. the last incumbent there, being now void, and in my gift, desiring you to admit the said I.K. to the said Church and Recto­ry, and to institute him Rector there, and likewise to invest him with all the rights, members and appurtenances whatsoever there­unto belonging: And that you fully accomplish and fulfill all other the several acts and things which your office obligeth you to perform herein.

Witness my hand and seal the, &c.

A deed of feoffment, with a Letter of Attorney to give livery and seisin.

TO all to whom these presents shall come, S. W of &c. sen­deth greeting. Know ye, that the said S.W. for and in consideration of the sum of 5 s. of lawful money of England to them in hand paid by S.M. and C.D. of &c. whereof the said S.W. doth hereby acknowledge the receipt, and of the sum of 5000 l. of lawful money paid, and secured to be paid unto and for the use of the said S.W. his Executors or Assigns, have granted, enfeoffed and confirmed, and do by these presents grant, enfeoff & confirm unto the said S.M. & C D. their Heirs and Assigns, all those Lands, Tenements and Hereditaments, with their and every of their appurtenances, commonly called or known by the names of R. and G. containing by estimation 600 acres, be the same more or less, scituate, lying and being in the Towns, Parishes, Villa­ges and Hamlets of T. and M. in the said County of K. or one of them, together with all other lands, tenements and hereditaments heretofore of S. W. deceased, and late of S. W. Dr. in Divinity, tha [...] are scituate, lying and being in the Towns, Villages and Hamlets of T. and M. aforesaid, or either of them: and also the reversion and reversions, remainder and remainders of the said lands, tene­ments and premisses, and every part thereof: and also all the estate, right, title, interest, clame and demand whatsoever of the [Page 463]said S. W. of, in, and to the same, and every part thereof, to have and to hold the said Lands, tenements, hereditaments and premis­ses, with the appurtenances unto the said S.M. and C.D. their Heirs and Assigns for ever, to the only use and behoof of them the said S.M. and C.D. their Heirs and Assigns for ever: and the said S.W. doth by these presents make, Constitute, Ordain, Authorize and Appoint F. L. of, &c. in the said County of, &c. and G.M. of, &c. in the said County of, &c. their true and lawful Atturneys for them and in their names and stead joyntly or severally to enter into the said lands, tenements and premisses, or into some part thereof in the name of the whole, and possession thereof, for them and in their names and stead to take, and after such possession so thereof had and taken for them and in their names and stead, to deliver full and peaceable possession and seisin of the said lands, tenements and premisses, with the appurtenances, or of some part thereof, in the name of the whole to the said S.M. and C.D. or one of them, or to their lawful Attorney, according to the form of these presents, ratifying, confirming and allowing all and whatsoever their said Attorneys, or either of them, shall do in the premisses by vertue of these presents. In Witness whereof the said S.W. to these presents his hand and seal hath set the, &c. day of, &c. in the year, &c.

An Indenture to bar an Estate-tail.

THis Indenture made the seventh day of October in the 11th. year of the Reign of our Soveraign Lord CHARLES, by the grace of God, of England, Scotland, France and Ireland King, De­fender of the Faith, &c. Between T.B. of W. in the County of B. Yeoman, on the one part, and T.M. of H. in the said County Yeoman, and H.H. of H. aforesaid, in the said County Yeoman, on the other part. Whereas T.B. deceased, Grand­father of the said T.B. party to these presents, Recital of a Will. by his last Will and Testament in writing (amongst other things therein contained,) did give and devise unto J B. also deceased father of the said T.B. party to these presents, and to the Heirs male of his body with remainders over, all that his Messuage or Tenement with the appurtenances, scituate and being in W. in the said County of B. and all that his Close, ad­joyning to the said messuage or tenement, and all that acre of Meadow-ground called the long Hale, lying in W. Meade, and [Page 464]three yards of Meadow, called the Elboes, in the said Parish of W. and half his arable Lands, Leyes and Meadow-ground, lying and being in the Parish and Fields of W. aforesaid, and R. or one of them, with their and every of their appurtenances in the said County of B. as by the said last Will it doth and may appear, and which premisses do contain a Messuage with the appurtenances, and one Yard-land by estimation, be it more or less: And where­as the said T. B. the Grand-father, shortly after making the said Will dyed, the said J. B. his Son, him surviving, after which time the said J.B. having issue, the said T.B. party to these presents, his eldest Son and Heir male, and the said J. B. being since also dead, by and after whose decease the said T.B. party to these presents, now is in actual possession of the said Messuage or Tenement, Closes, Lands, Meadowes and Premisses, with the Remainders over, as aforesaid. Now this Indenture witnesseth, That the said T. B. party to these presents, To cut off the estate taile. intend­ing as well to cut off the said estate tail, and to barre the Remainders thereon depending, and to settle the said Messuage or Tenement, Close, Lands, Meadowes and Premisses to him the said T.P. party to these presents and his heirs, as also to barre all pretences of right that futurely may or can be made unto all and every, or any the said Messuages, Lands, Mea­dowes and Premisses so given to the said J.B. his Father, and since come unto him the said T. B. party to these presents, for that purpose, Covenant to levy a Fine. Doth hereby Covenant and Grant for himself, his Heirs, Executors and Administrators, and for every of them, to and with the said T.M. his Heirs and Assigns by these presents, That he the said T. B. shall and will on and before the Feast of St. Andrew the Apostle, now next ensuing the date hereof, in due form of Law, acknowledge and levy one or more Fine or Fines, Sur cognizance de droit come ceo, &c. before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster, unto the said T.M. of and for the said Messuage or Tenement, Close, and all and every the said Meadows, Lands, and Premisses, by the name or names of one Messuage, one Gar­den, one Orchard, Forty Acres of Land, six Acres of Meadow, six Acres of Pasture and Common of Pasture, for all Cattel, with the Appurtenances in W. and R. or one of them in the said County of B. or by such other name or names, quantity or number of Acres, as to the said T. M. or his Council Learned, shall seem meet and expedient. To the intent that he the said T. M. shall by force thereof, stand and be seized of the Messuage or Tenement, Close, [Page 465]Lands, Meadows and Premisses, To suffer a Recovery. untill a good and perfect common recovery with a double Voucher over may be duly had and executed of and for the said Messuage or Tenement, Lands, Meadowes and Premisses, according to the course of common Recoveries for assu­rance of Lands and Tenements in such cases used. And it is here­by fully declared and agreed by and between all the parties to these presents, That after the said Fine or Fines so to be levied of the said Messuage, Lands and Premisses, as aforesaid, he the said T. M. shall and will permit and suffer him the said H. H. to bring and pursue against him the said T.M. one or more Writ or Writs of En­try sur Disseisin in le post returnable before his Majesties Justices of his Majesties Court of Common-Pleas at Westminster, by which he the said H.H. shall demand against him the said T.M. all and every the said Messuage, Lands, Meadows and Premisses, by the name or names of one Messuage, one Garden, one Orchard, Forty Acres of Land, six acres of Meadow, six acres of Pasture and Common of Pasture for all Cattel, with the appurtenances in W. and R. or one of them in the said County of B. or by whatsoever other name or names, quantity or number of Acres, as to the said H. H. shall seem meet; To which Writ or Writs the said T. T. shall appear gratis, and shall enter into the Warranty, and shall vouch to warranty the said T.B. party to these presents, who also shall ap­pear and enter into the warranty, and shall vouch over the Com­mon Vouchee, who also shall appear and enter into the warranty for the said Premisses, and after make default, so that a good and perfect Common Recovery with a double Voucher over, may be duly had and executed of and for the said Messuage or Tenement, Close, Lands, Meadows and Premisses according to the course of Common Recoveries in such cases used. And it is hereby further declared, concluded, The declaration of the use. expressed and agreed by and between all the Parties to these presents, And the true intent and meaning of all the parties to these presents, and of these presents is, That after the said Recovery suffered and executed of and for the said Premisses, or any of them, as well the said Recovery, as also the said Fine, and all Fines and Recoveries suffered and levied, or to be suffered, le­vied or acknowledged by or between the said parties to these pre­sents, or any of them, of and for the premisses, or any of them, shall be and enure, and hereby, and by all the parties to these pre­sents, are and shall be adjudged, deemed and taken to be and enure, To the only proper use and behoof of the said T. B. party [Page 466]to these presents, and of his heirs and assigns for ever; And to none other use, intent or purpose whatsoever. In witness whereof the parties abovesaid, &c.

A Re-demise of Lands Mortgaged.

THis Indenture made, &c. between T. L. of, &c. on the one part, and J. M. of, &c. and G. M. of, &c. on the other part; Whereas the said J.M. and G. M. by their Inden­ture of Lease, Recital of the Mortgage. bearing date, &c. for the considera­tions therein expressed did demise, grant, bargain, set, and to farm-let unto the said T. L. his Execu­tors and assigns, all that the Mannor of L.G. and P. with the ap­purtenances in the said County of M. and also all Messuages, Hou­ses, Edifices, Buildings, Barns, Stables, Out-houses, Yards, Back­sides, Orchards, Gardens, Lands, Tenements, Meadows, Leasows, Pastures, Feedings, Wayes, Wasts, Wast-grounds, Commons, Commodities, Moors, Marshes, Woods, Wood-grounds, Under­woods, Waters, Water-courses, Ponds, Pooles, Liberties, Fishings, Advowson, and Patronage of the Church of L.G. and P. aforesaid, Rents, Reversions, Services, Escheats, Fines, Amerciaments, Court-Leets, Views of Frankpledge and Profits of Courts, and all that to Courts, and Leets belongeth, Chattels, Wafes, Estrayes, Goods and Chattels of Felons and Fugitives, Customes, Rights, Juris­dictions, Priviledges, Profits, Commodities, Advantages, Emolu­ments and Hereditaments whatsoever, with their appurtenances of whatsoever kind, nature or quality soever, or by whatsoever name or names they are called or known by, scituate, lying and being, coming, renewing, arising or growing in L. G. and P. aforesaid, H. Y. and Z. or within any of them, or elsewhere in the said Coun­ty of M. to the said M. Messuages, Lands, Tenements, Meadows, Feedings, Pastures and other the Premisses, or to every or any of them in any wise belonging or appertaining, or incident, or depen­dant thereunto, or as part, parcel or member thereof, or at any time thentofore known, accepted, taken, used, demised or reputed as part, parcel or member thereof, or of any part thereof, with their and every of their Rights, Members and Appurtenances, To ha [...] and to hold the said Mannors, Messuages, Lands, Tenements, Mea­dows, Pastures, Advowsons, and all other the Premisses, with their and every of their Rights and Appurtenances unto the said T. L. [Page 467]his Executors and Assigns, for the term of 99 years next ensuing the date of the said recited Indenture of Lease, fully to be com­pleat and ended, by and under the yearly rent of a Pepper-corn at the Annunciation of our Lady St. Mary the Virgin, if it were law­fully demanded, as by the said Indenture of Lease, amongst other things therein contained, it doth and may appear. Now this Indenture witnesseth, The re-demise. That the said T. L. for divers good causes and considerations him moving, hath demised, set and to Farm-letten, and by these presents doth demise, set and to Farm-let unto the said J.M. and G.M their Executors and Assigns, the said Manors, Messuages, Lands, Tenements, Meadows, Pastures, Advowsons, and all other the Premisses, with their and every of their Appurtenances in the said recited Indenture of Lease mentioned, To have and to hold the said Mannor, The Habendum. and all other the Premisses, with their and every of their ap­purtenances unto the said J. M. and G. M. their Executors and Assigns for the Term of 98 years and 10 moneths next ensuing the date thereof. Yielding and paying therefore yearly, during the said term unto the said T. L. his Executors and Assigns, one Pepper-corn at the Feast of, Proviso to pay money. &c. if it be de­manded. Provided alwayes, and upon Conditi­on, That if the said J. M. and G. M. their Heirs, Executors, Administrators and Assigns, or some of them, shall not well and truly pay or cause to be paid unto the said T. L. his Exe­cutors or Assigns, the summe of xx. pounds of currant money of England, on and upon the Twenty fifth day of M. next ensuing the date hereof, and also the sum of 500 pounds of currant money of England, on and upon the twenty fifth day of M. which shall be in the year of our Lord God, 1632. that then from and after default of payment of the said several Sums, or either of them, or of any part of them, or either of them, this Indenture of Lease, and all and every matter and thing herein contained, shall cease, determine, and be utterly void to all intents & purposes, this Indenture, or any thing therein contained to the contrary thereof in any wise notwithstan­ding, the same several payments to be made and paid at or in the now, &c. and that without any demand to be made for the same. Covenant to re-de­liver possession upon failing of payment. And the said J.M. and G.M. for themselves, and either of them, joyntly and severally, and for their and either of their se­veral Heirs, Executors and Administrators, and for every of them, do and doth Covenant, Promise and grant to [Page 468]and with the said T. I. his Executors and Assigns, and to and with every of them, &c. that in case the said J. M. and G.M. their Exe­cutors, Administrators and Assigns, shall fail to pay the said seve­ral sums of money, or any of them, or any part of them, or either of them, at the dayes and times herein before mentioned and ap­pointed for payment thereof, that then they the said I. M. and G. M. their Heirs and Assigns, and every and either of them, shall and will within, &c. next after default of payment of the said sums of money, or any or either of them, or any part of them, or either of them, leave, yield up and deliver unto the said T. L. his Exe­cutors and Assigns, the peaceable and quiet possession of the said Mannor, Messuages, Lands, and all other the premisses, with their and every of their rights, members & appurte­nances. And to make further assurance. And also that the said I. M. and G. M. their heirs and assigns, shall and will from time to time, and at all times, during the space of seven years, &c. as in Covenants for further assurance. And the said T. L. for himself, That if the said I. M. and G. M. their heirs and assigns, or any or either of them, do and shall well and truly pay, or cause to be paid unto the said T. L. his Executors or Assigns, the said several Sums of money herein before mentioned and expressed, at the dayes and times in the Proviso herein before expressed and appointed for payment thereof, according to the true intent and meaning of the said Pro­viso, Covenant upon payment to assign over all the Lessors interest. That then the said T.L. his Executors and Assigns, from and after full payment of the several Sums of money in form afore­said, shall and will at the request of the said I. M. and G.M. their Heirs and Assigns, deliver up the said re­cited Indenture, and also that part of these presents, which is un­der the hand and seal of the said I.M. and G.M. And also that he the said T.L. his Executors and Assigns, shall and will permit and suffer them the said I.M. and G.M. their Heirs and Assigns, to hold and enjoy the said Mannor and premisses, for and untill default of payment of the said several sums of money, or either or any part of them, shall happen to be made by the said I.M. and G.M. their heirs or Assigns, at either of the dayes or times herein before men­tioned and appointed for payment thereof. In witnesse, &c.

A Confirmation of a Mortgage.

TO all Christian people to whom this present writing shall come, R. F. of London, Son and Heir of W. F. late of L. in the Parish of P.R. in the County of B. Yeoman deceased, sendeth greeting in our Lord God everlasting. Whereas the said W.F. by his Indenture of Lease bearing date, &c. made between the said W. F. by the name of W. F. of L. in the parish of P. R. in the County of B. Yeoman, on the one part, and T.F. then of W. A. in the parish of H. in the said County of B. Husbandman, on the other part, for and in consideration of the Sum of 50 l. of cur­rant money of England to him the said W. F. by the said T. F. in hand paid, and for other considerations him moving, did demise, grant and to farm-let unto the said T. F. his Executors and Assigns, all that Messuage or Tenement, wherein he the said W. F. did then dwell with the appurtenances, scituate, lying and being in L. afore­said, within the parish of P.R. in the C. of B. and also all and sin­gular the Cottages, Houses, Barns, Stables, Buildings, Edifices, Yards, Back-sides, Orchards, Gardens and Easements to the said Messuage or Tenement belonging, or in any wise appertaining. And also all those two Closes, &c. and also all Woods, Under­woods, Timber and Trees, Quick-mounds, Hedges, Ditches, Fen­ces, Hades and Blanks whatsoever, standing, growing or being in or upon the premisses, or any part or parcel thereof, or to the same premisses, or to any part or parcel thereof belonging, or in any wise appertaining, together with all Commons, Common of pa­sture, Commodities, Profits and Appurtenances whatsoever, and all other Lands, Tenements and Hereditaments whatsoever, to the said Messuage or Tenement, and other the Premisses, or to any of them belonging, or in any wise appertaining, and the Reversion and Reversions, Rent and Rents of all and singular the premisses, and of every part and parcel thereof, To have and to hold the said Messuage or Tenements, Houses, Closes, arable Lands, Woods, Under-woods, Commons, Commodities, and all other the pre­misses, and every part and parcel thereof, with their appurtenances unto the said T.F. his Executors, Administrators and Assigns, from the Feast of, &c. next coming after the date of the said recited In­denture, unto the end and term, and for and during the term of 500 years from thence next ensuing, fully to be compleat and en­ded, and without impeachment of, or for any manner of wast, by [Page 470]and under the yearly Rent of 1 l. at the Feast of, &c. onely if it were lawfully demanded; Nevertheless with Proviso in the said recited Indenture contained, and hereafter belonging, (viz.) Pro­vided alwayes, and it is covenanted, granted, concluded and fully agreed by and between the parties to the said Indenture, That if the said W. F. his Heirs, Executors, Administrators or Assigns, or any of them, do and shall well and truly content, satisfie and pay, or cause to be paid unto the said T. F. his Executors, Administra­tors or Assigns, the full sum of 50 l. of lawful money of E. on and upon the twenty sixth day of M. next coming after the date of the said recited Indenture, at the then dwelling house of the said T. F. at, &c. without fraud or deceit, That then at all times thenceforth, from and after full payment made of the said sum of 50 l. as afore­said, the said Indenture, Lease, Demise and Grant, and all and every other Covenant, Grant and Articles therein contained, should cease, determine, and be utterly void and of none effect, to all in­tents and purposes; and that then, and at all times from thence­forth, it should be lawful for the said W. F. his heirs and assigns in­to the said premisses to re-enter, and the same to have again as in and by the said recited Indenture, &c. appeareth. And whereas the said W.F, did not pay nor cause the said Sum of 50 l. to be paid, neither is the same yet paid unto the said T. F. according to the Proviso or Condition in the said recited Indenture of Lease men­tioned, by reason whereof all the said Messuage and Premisses be­came absolutely forfeited unto the said T. F. for all the said term of 500 years in the said recited Indenture mentioned. Now these presents witness, That the said R. F. being Son and Heir of the said W.F. deceased, for and in consideration of the Sum of 28 l. more of currant money of E. to him in hand paid, &c. and for other good causes and considerations him moving, hath, and here­by doth absolutely grant, ratifie and confirm the aforesaid Lease, and all the Estate and term for years therein and thereby demised and granted, or mentioned to be demised and granted; And also doth hereby fully and absolutely release the said Condition, and assure all and every Condition and Conditions whatsoever in the said recited Indenture of Lease contained. And also the said R.F. for the consideration aforesaid, doth hereby grant, demise, confirm and unto the said. T.F. his Executors, Administrators and Assigns, the aforesaid Messuages or Tenement, Cottage, Closes, Lands, and all other the premisses, for all the foresaid term and number of 500 years by the said recited Indenture of Lease demised, or thereby mentioned to be demised; and doth also hereby grant and release [Page 471]unto the said T. F. his Executors and Assigns, the aforesaid yearly. Rent of 1 l. by the said recited Indenture reserved, and all the arrerages thereof, To have and to hold all the said Messuage or Te­nement, Cottages, Closes, Lands, and all other the premisses, with their and every of their appurtenances in the said recited Indenture mentioned, and the said yearly rent unto the said T.F. his Execu­tors, Administrators and Assigns, for and during all the rest and re­sidue of the said term and number of 500 years in the said recited Indenture of Lease mentioned, and now to come and unexpired, freely and absolutely without any Proviso or Condition whatso­ever. Cum Covenantis proprecata fruitione, & ab Incumbram, & ulte­rior Assurand. In witnesse whereof, &c.

An Indenture upon Marriage, and for setling Lands to uses; and a Declaration of a Fine lovied to those uses.

THis Indenture made, &c. between J. S. Esq second Son of the Right Honourable H E. of W. on the one part, and A. Lady D. of, &c. and Sir T. W. of &c. on the other part: Whereas the said E. and A. his wife, Recital of being seized. in the County of W. are now seized for the term of their lives, and for the life of the longer liver of them, of and in all that the Mannor of G. and the Lands, Tenements and Hereditaments, called C. P. and of the Burrough of C. and of the Advowson and free gift of the Parsonage of the Church of C. with all and singular the rights, members and appurtenances thereof in the C. of D. and of divers Messuages, Lands, Tene­ments, Rents, Woods, Wood grounds and hereditaments to the said Mannor and premisses belonging or appertaining, without Impeachment of wast, the Reversion or Remainder thereof to the said J. S. and the heirs of the body of the said J. S. lawfully to be begotten. And for want of such Issue, the Remainder to the right heirs of the body of the said E. and C. And for want of Heirs issuing of the body of the said E. and C. the Remainder then to the right and next heirs of the said C. for ever. Recital of the Marriage. And whereas there is a Mareiage by Gods Grace intended shortly to be had and solemnized between E. Lord H. Son and heir apparent of the said E. and C. and E.D. sole Daughter of the said A. Lady D. they the said E. and C. and the said J. S. for settling of the Inheritance of [Page 472]the said M. and premisses to the uses hereafter expressed and de­clared, have this present time of the holy Trinity in the year above-said acknowledged and levied one Fine in due form of Law before his Majesties Ju­stices of his Court of Common-Pleas at Westmin­ster, Recital of the Fine. unto the said A. Lady D. and Sir T.W. and to the heirs of the said A. Lady D. amongst other Mannors, Lands, Tenements and Hereditaments in the said Fine contained, of and for all that the said Mannor of C, with the appurtenances; And of all Lands, Te­nements, Meadows, Pastures, Feedings, Commons, Woods, Wood­grounds, Wasts, Moors, Heaths, Liberties, Franchises, Jurisdicti­ons, Advowsons, Presentations, Emoluments and Hereditaments whatsoever to the said Mannor and premisses, or any part or parcel thereof belonging or appertaining, or accepted, reputed, taken, known or demised, letten, used, occupied or enjoyed, as part, par­cel or member thereof, or any part thereof. And whereas the said E. and C. by Indenture tripartite under their Hands and Seals, da­red with these presents, have expressed and declared, that the said Fine so levied of and for the said Mannor of C. and premisses here­in contained, should be and enure to the use and behoof of them the said E and C. for and during the term of their two lives, and the life of the longer liver of them, without Impeachment of or for any manner of wast, and from and after their decease, and of the Survivor of them, the remainder thereof to the use of the said E. Lord H. during the term of his natural life, and from and after hi [...] decease, the Remainder thereof to the Heirs males of the body of the said E. Lord H. to be begotten on the body of the said E. the remainder thereof to the right heirs of the said C. as by the said Fine and recited Indenture, purporting and declaring the use aforesaid, it doth and may appear. Now this Inden­ture witnesseth, Intention of Parties. and it is hereby covenanted, con­cluded, declared and agreed by and between all the parties to these presents, and the true intent and meaning of the said J S. and of all the parties to these presents, and to the said Fine at the time of levying thereof, for and concerning the said Mannor of C. with the rights, members and appurtenan­ces thereof, was, and now is, that the said Fine should be and enure, and hereby, and by all the parties to these presents, is de­clared and expressed to be and enure, and the Cognizees of the said Fine, and their heirs, shall stand and be seized of the said Mannor of C. with the rights, members and appurtenances there­of, [Page 473]To the uses, intents and purposes hereafter ex­pressed, limited and declared, that is to say, The Uses. To the use and behoof of them the said E. and C. for and during their two lives, and the life of the longer liver of them, with­out Impeachment of any manner of wast. And from and after their decease, and of the Survivor of them, the Remainder there­of to the use of the said E. Lord H. Son and Heir apparent of the said E. for and during the term of his natural life; And from and after his decease, the Remainder thereof to the heirs males of the body of the said E. Lord H. to be begotten on the said E. D. his intended Wife; and in default of such heirs males, then to the use of the heirs of the body of the said E. Lord H. to be begotten on the body of the said E. D. the Remainder thereof to the right heirs of the said C. and to none other use, intent or purpose. Provided alwayes, Provise to make Leases. and the true in­tent and meaning of all the parties to these pre­sents, is, and was, at the time of levying the said Fine, That it shall and may be lawful to and for the said E. and C. during their joynt lives, and for the Survivor of them at all times, and from time to time, to make any lease or leases of all or any of the said Mannor and Premisses, or any part or parcel thereof, to any person or persons for 21 years in possession, or under, or for three lives in possession, or under, and not otherwise, or in other manner, so as upon every such Lease so to be made, the usual and old accustomed Rent, or more be reserved and appointed to be payable yearly, during the said term or terms, to such person or persons, as by force of these presents, or of the said Fine, or recited Indencure, or any of them, shall or ought after the decease of the said E. and C. to have the immediate Reversion or Remainder thereof. In witnesse whereof, &c.

A Declaration of the use of a Fine and Recovery.

THis Indenture made, &c. between the Right Honourable T. L. W. on the one part, and the Right Honourable W. L. P. Sir N. F. and T. A. on the other part; VVhereas, The recital of the Fine and Recovery. &c. reciting a Fine and Recovery suffered in the Term of, &c. of these Mannors, &c. by the name or names of, &c. Now this Indenture witnesseth, That the true intent and meaning of the said L. Lord W. and of the said Recoveror, and of all the parties to the [Page 474]said Recovery, and every of them, and to these presents before and at the several and respective times of the suffering of the said Recovery, for touching and concerning the said Mannors, Lands, Tenements, Hereditaments and premisses, and every of them, The intent of the Parties at the exe­cution of such Fine and Recovery. whereof the said Recovery was suffered and had, alwayes was, and now is: That the said Recovery should, and shall be, and en­ure, and be construed, adjudged, deemed and taken to be and enure, and that the said Reco­verors and every of them, and all the parties to the same, and the party-takers thereby and their heirs, and all and every other per­son or persons, and his and their heirs who then were, or now are, or hereafter shall be seized of the said Mannors, Lands, Tene­ments, Hereditaments and premisses, or of any part thereof, or any of them should and shall stand and be seized of the same Man­nors, Lands, Tenements, Hereditaments and premisses, and every parcel thereof with the appurtenances, to the uses, purposes and intents, and under the Provisions, Conditions and Limitations hereafter in these presents expressed, specified, limited and decla­red, and to no other use, intent or purpose. And the said T. Lord W. doth hereby limit, The Uses. express, declare and appoint, that all the same Mannors, Lands, Te­nements, Hereditaments and premisses, shall be and remain to the several uses, purposes and intents hereafter in these presents expres­sed (that is to say) to the use and behoof of the said T. Lord W. and his Assigns, for and during the term of his natural life without Impeachment of or for any manner of waste, and from and afte [...] the decease of the said T. Lord W. then to the use of the said W. Lord P. Sir N. F. and T. V. their Heirs and Assigns for ever [...] for and to this intent and purpose, that they the said, &c. and the heirs, and the Survivor and Survivors of them, a [...] his and their heirs, For payment of Debts. shall and will bargain, sell o [...] otherwise dispose of the same, for and towards t [...] payment, satisfaction and discharge of such De [...] and Sums of money as the said T. Lord W. doth now owe, [...] which he shall owe at the time of his death to any person or per­sons, and for the discharging of such person and persons as do no [...] stand, or which at the time of the death of the said T. Lord W. shal [...] stand bound or engaged for or with the said T. Lord W. for the sam [...] debts, or sums of money or any of them, and also for the satisfacti­on, payment & discharge of all such sum or sums which the said T. Lord W. hath, or hereafter shall take up, borrow or receive, for [...] [Page 475]consideration of which he hath heretofore granted, or hereafter shall grant any Annuity or Annuities, Rent or Rents-charge, issu­ing or to be issuing, or payable out of the same Mannors, Lands, Tenements, Hereditaments and premisses, or any of them, or out of any of the Mannors, Lands, Tenements or Hereditaments of the said T. Lord W. in the Territories of England, whereby the same Rent or Rents-charge, shall and may be determined. And also for and towards the payment and discharge of the Funeral charges and expences of the said T. Lord W. and of the Legacies and bequests which the said T. And Legacies. Lord W. by his last Will and Testament in wri­ting, to be sealed, subscribed and published by him before three sufficient witnesses, shall give and bequeath to any person or per­sons, or to any use or uses, or so much of such sum and summes of money, debts, Funeral expences and Legacies, as the value of the said Mannors, Lands and Tenements (to be sold) as aforesaid shall amount unto. The disposal of the over-plus. And that if any over-plus shall be of the value of the same Mannors, Lands, Tenements, Hereditaments and premisses, more than shall be or will be sufficient to satisfie and discharge all the same debts, sums of money, funeral charges, Legacies and bequests, that then the said, &c. their Heirs, Execu­tors or Administrators, shall and will pay and deliver the same over-plus, which shall remain of the Sale, or value of the said Mannors, Lands, Tenements, Hereditaments and premisses, un­to such person or persons to whom the said Lord W. shall by his last Will in writing in presence of two witnesses at least, appoint the said Lands and premisses to come after his death. And further upon this trust and confidence reposed in the said, &c. and their heirs, that if the said person to whom the premisses shall be limited or appointed to come after the said Lord W. his death as aforesaid, then if such persons, Parties trusted to give security to dispose of the Premisses accord­ingly. his Heirs, Executors, Administrators or Assigns, shall within two years next after the death of the said T. Lord W. well and truly satisfie, pay and discharge all the aforesaid debts, sums of money, Funeral charges, Legacies and Bequests which by the true intent and meaning of these presents, are limited, expressed or intended to be paid for, out of, or in respect of the said Mannors, Lands, Tenements, Hereditaments and premisses, or shall give or make to the said, &c. or the Survivors or Survivor of [Page 476]them, or to the heirs, executors or administrators of the Survivors or Survivor of them, good and sufficient security for the payment of all the said debts, Security to be allowed of by, &c. sum and sums of money, funeral charges, gifts, Legacies and bequests, which by the true intent and meaning of these pre­sents, are before expressed to be paid, the same se­curity to be approved and allowed of by one of the Lords, &c. for the time being, and any two of the Justices for the time being of the Courts of Kings-Bench or Common-Pleas, that then the said W. Lord P. &c. and their heirs, and the Survivor and Survivors of them, and his and their heirs and assigns, shall and will at the costs and charges in the Law of such person or persons to whom the said T. Lord W. shall as aforesaid appoint or limit the premisses to come after his death, his heirs or assigns, convey and assure the said Man­nors, Messuages, Lands, Tenements, Hereditaments and premis­ses, with the appurtenances, to such person or persons, his and their heirs and assigns, by such good and sufficient Conveyance and Assurance in the Law with several and respective warranty, only by every of them the said W. Lord P. &c. severally or respectively against themselves, and their several and respective heirs, as by such person or persons, his or their heirs or assigns, or his or their Coun­cil learned in the Laws of this Land, shall be reasonably devised and required. Provided alwayes, and the true intent and meaning of the said T. Lord W. and of all the parties to the said Recovery and other Assurance, and of the parties to these presents, and every of them, before and at the time of the suffering of the said Reco­very and other assurances, was and yet is, and is so hereby expres­sed, published and declared (notwithstanding any thing herein be­fore contained.) That it shall and may be lawful to and for the said T. Lord W. from time to time, and at all times, &c.

A Mortgage.

THis Indenture made, &c. between I.F. and E.F. Widow, on the one part, and J R. of, &c. on the other part, &c. witnesseth, That the said J. F. and E. F. for and in consideration of the Sum of. &c. to them in hand before the ensealing and delivery of these presents, well and truly paid, wherewith they and every of them, do acknowledge themselves fully satisfied and paid, and thereof, and of every part thereof, do clearly acquit and discharge the said [Page 477]J. R. his Heirs, Executors and Administrators, and every of them for ever by these presents, Have bargained, sold, granted, aliened and confirmed; And by these presents do, &c. unto the said J. R. his Heirs and Assigns for ever, All that Messuage or Inne called or known by the name of the New-Inne, with the Back sides, back­yard, and Garden thereunto adjoyning and belonging, situate, ly­ing and being in H. aforesaid, in the said County of O. on the West-side of a certain Street there called the North-street, with all and singular the Houses, Edifices, Buildings, Cellers, Sollers, Gar­dens, Orchards, Profits, Commodities and Hereditaments what­soever, to the said Messuage or Tenement called the New-Inne, belonging or in any wise appertaining, or now accepted, reputed, letten, used or known as part, parcel or member of the same Mes­suage or Inne, and now being in the holding or occupation of the said E. F. and her assigns, And all the estate, right, title, interest, use, possession, remainder, inheritance, claim and demand whatso­ever of the said J. F. and E. F. of, in and to the same Messuage or Inne, called the New-Inne, and every part and parcel thereof; And also all and every the Deeds, Evidences, Charges, Writings, Escripts and Minuments whatsoever, concerning onely the said bargained premisses, or any part or parcel thereof, and true Co­pies of all other Deeds, Writings, Evidences and Minuments that do concern the bargained premisses, or any part or parcel thereof joyntly with any other Lands, Tenements or Hereditaments, which they the said J. F. and E. F. now have, or knowing where they are, may lawfully come by without Sute in Law, and all and every the Copies aforesaid, to be Copied and written forth at the costs and charges of the said J. R. his heirs or assigns: They the said J. F. and E. F. for them, their Heirs, Executors and Administrators, do covenant, promise and grant by these presents, to and with the said J R. his Heirs, Executors and Administrators, well and truly to deliver, or cause to be delivered unto the said J. R. his Heirs or assigns, at the now dwelling-house of the said J. R. situate, &c. within three years next ensuing the date of these presents, whole, safe, uncancelled and undefaced: To have and to hold the said Messuage or Inne, called the New-Inne, and all other the premisses, with all and singular their appurtenances, before by these presents bargained & sold, or mentioned or intended to be hereby bargained or sold, and every part and parcel thereof unto the said I. R. his heirs and assigns for ever, to the only proper use and behoof of the said J. R. his heirs and assigns for ever: And the said J. F. and E. F. for them, their Heirs, Executors and Administrators, and for eve­ry [Page 478]of them, do covenant and grant by these presents, to and with the said J. R. his Heirs, Executors and Administrators, and every of them in form ensuing; That is to say, That they the said J. F. and E. F. or one of them, for and notwithstanding any act or thing by them, or either of them done, caused or procured, or by them or either of them to be done, caused or procured to the contrary thereof, now are, or is, and at the execution of the first estate to be had and made of and in the premisses to the said J. R. and his heirs, according to the true intent and meaning of these presents, shall then be solely seized, and very true and lawful owner or owners of the said Messuage or Inne, called the New-Inne, and all other the premisses before by these presents bargained and sold, or men­tioned or intended to be bargained and sold, of a good, lawfull and indiffeazible estate in Fee-simple, without any manner of Con­dition or Limitation of any use or uses, and have now, and at the execution of the said estate, shall then have good right, full power, and lawfull and absolute authority to grant, bargain, sell, &c. Cum. Covenant. pro exonerat. ab Incumbr. & fruition [...]. And that he the said J. F. and his heirs, and all and every other person or persons lawfully having, or claiming to have any manner of estate, right, title, or interest, of, in or to the premisses before by these presents bargained and sold, or mentioned or intended to be bargained and sold with the appurtenances, or of, in or to any part or parcel there­of, by, from or under the said J. F. and E. F. or either of them, shall from time to time, and at all times for and during the space of five years next ensuing the date hereof, when and as often as they or any of them shall be thereunto reasonably required by the said J. R. his heirs or assigns, or any of them, make, do, suffer, know­ledge and execute, or cause to be made, done, suffered, knowledg­ed and executed at the costs and charges in the Law of the said J. R. his heirs or assigns, or some or one of them, all and every such further lawful and reasonable act and acts, thing and things, device and devices, assurance and assurances, in the Law whatsoever, for the further, better and more perfect assurance, surety, sure-making and conveying of all and singular the premisses, and every part and parcel thereof, with the appurtenances to the said J. R. his hein and assigns, according to the true intent and meaning of these pre­sents. Be it by Fine, Feoffment, Recovery, Release, Confirma­tion with Warranty only against the said I. F. and his heirs, or with­out Warranty, or by all or any of the aforesaid wayes or means, or by any other lawful or reasonable wayes or means in the Law [Page 479]whatsoever, without Warranty, or with the like Warranty as afore­said, as by the said I. R. his heirs or assigns, or any of them, or by his, their, or any of their Council learned in the Laws, shall be lawfully and reasonably devised, advised or required. Provided alwayes, and it is Covenanted, Concluded, Conditioned and agreed by and between the said parties to these presents, That if they the said I. F. and E. F. or either of them, their Heirs, Execu­tors, Administrators and Assigns, or any of them, do well and truly content and pay, or cause to be contented and paid to the said I. R. his Executors, Administrators or Assigns, at the now dwell­ing house of, &c. the Sum of, &c. of, &c. in form ensuing, &c. with­out fraud or guile, That then this present bargain and safe, and all and every Covenant, Grant, Article and thing herein contained, shall to all effects, purposes and constructions, be utterly void, fru­strate, and of none effect: But if default of payment in any of the dayes of payment aforesaid, in part or in all, contrary to the form above declared, that then this present bargain and sale, and all and every Covenant, Grant, Article and thing herein contained, shall to all effects and purposes stand, remain and abide in its full force and strength, any thing herein before expressed to the contrary thereof in any wise notwithstanding. In witnesse whereof, &c.

A Conveyance of a Mannor.

THis Indenture made, &c. between R. H. M. his wife, and I. H. on the one part, and Sir R. D. on the other part, wit­nesseth, That the said R. H. M. his wife, and I. H. for and in consideration of the sum of, Grant of the Mannor. &c. Have granted, aliened, bargained, sold, enfeoffed and con­firmed, and by these presents, do joyntly and seve­rally grant, alien, bargain, sell, infeoff, and confirm unto the said Sir R. D. his heirs and assigns for ever, All that the Mannor or Lordship of R. in the County of O. with the Rights, Members and Appurtenances thereof: And also all and singular Messuages, Houses, Edifices, Buildings, Barns, Stables, Dove-houses, Yards, Back-sides, Orchards, Gardens, Lands, Tenements, Meadowes, Pastures, Feedings, Woods, Under-woods, Wood-grounds, with the soil and ground of the same, Timber and Trees, Waters, Wa­ter-courses, Ponds, Pools, Liberties, Fishings, Courts, Leets, Views of Frank-pledge, Perquisites and Profits of Courts and Leets, Wayfes, Estrayes, Heriots, Felons, Goods, and Goods of Fugi­tives, [Page 480]Rents, Services, Rents-seck, and all other Rents and Ser­vices whatsoever reserved upon any Demise or Lease heretofore made of the premisses, or of any part thereof, Wastes, Waste­grounds, Easements, Passages, Profits, Commons, Commodities, Jurisdictions, Emoluments, Mills, Hereditaments and Appurte­nances whatsoever, to the said Mannor and Premisses, or any of them belonging, or in any wise appertaining, or reputed to be be­longing thereto, or used therewith: And also all that the Advowson, Of an Ad­vowson. Presentation and right of Par­sonage of the Rectory Church and Chantrey of R. aforesaid. And all Tithes, oblations and obventions whatsoever, belonging to the said Rectory Church or Chantreys of P. aforesaid. And all that Messuage, Tenement or Farm, Of a Farm. situate and being in R. aforesaid, now or late in the tenure or occupation of W. C. or his Assigns, called or known by the name of S. or by whatsoever other name or names the same is called or known, and all Houses, Edi­fices, Buildings, Barns, Stables, Yards. Back-sides, Orchards, Gar­dens, Lands, Tenements, Meadows, Pastures, Wayes, Easements, Passages, Profits, Commons, Commodities, Woods, Wood­grounds, Timber and Trees, Waters, Water-courses, Emolu­ments, Hereditaments and Appurtenances whatsoever to the said Message, Tenement or Farm, and premisses, or any of them be­longing, or in any wise appertaining, or reputed to be belonging thereto, or used therewith. And also all those Messuages, Lands, Tenements and Hereditaments, with their appurtenances called the Chantrey Lands in R. aforesaid. And also all and singular other the Messuages, Cottages, Lands, Tenements, Meadowes, Pastures, Feedings, Woods, Wood-grounds, Rents, Reversions, Services and Hereditaments whatsoever of them the said R. H. M. and J. H. or any or either of them, in or within the Towns, Fields, Parishes, Hamlets, Territories or Precincts of R. and B. and L. or any or either of them in the said County of O. And also all the estate, right, title, interest, use, possession, and the Reversion and reversions, remainder and remainders, rent and rents, claim and demand whatsoever of them the said R. H M. and I. H. and every and either of them, of, in and to the said Mannor and Premisses, and of, in and to every part and parcel there­of belonging, Of Writings, with a Covenant to deliver them by such a time. or in any wise appertaining. And all Writings, Evidences, Deeds, Char­ters, Fines, Escripts, Court-rolls, Exempli­fications and Minuments whatsoever con­cerning [Page 481]the said M. and premisses, or any part thereof, which the said R. H. now hath in his possession, or can conveniently come by without Sute in Law: And true Copies of all such Writings and Evidences, as do concern the same, or any part thereof, with any other Lands, Tenements or Hereditaments, the same Co­pies and every of them to be copied and written out, at the costs and charges of the said Sir R. D. his heirs and assigns: All which said Writings and Evidences the said R. H. doth hereby covenant for him, his heirs and assigns, to and with the said Sir R. D. his heirs and assigns, to deliver unto him the said Sir R. D. his heirs or assigns, at or before the Feast of St. J. the Apostle, next ensuing the date hereof, safe, whole, uncancelled and undefaced: To have and to hold the said Mannor or Lordship, Advowson, Rectory, Chan­trey, Messuages, Tenements, Farm, Lands, Meadows, Pastures, Hereditaments, and all other the premisses, with their and every of their appurtenances unto the said Sir R. D. his heirs and assigns, to the only, &c. And the said R. H. for himself, &c. doth Cove­nant, &c. That he the said R. H. now is, and at the time of the first executing of an estate of the said Mannor and premisses, by force of these presents unto the said Sir R. D. shall be law­fully and absolutely seized in his Demesne, Seized in see-simple. as of Fee­simple to him and his heirs, of and in the said Mannor, Messuages, Lands, Tenements, Advowson, Heredi­taments and Premisses with their appurtenances, without any man­ner of Condition or Limitation of any Use of Uses, to alter, change, determine or make void the same, and without any Re­version or Remainder thereof, or of any part thereof in his Kings Majesty, his Heirs or Successors, being made or limited by the said R. H. or I. H. his Uncle deceased, whose heir the said R. H. now is; And that he now hath, and then shall have good right, full power, and lawful, Power to Alien. and lawful, and absolute authority to grant, bargain, sell and convey the said Mannor, Lands and all other the premisses, with the appurtenances unto the said Sir R. D. his heirs and assigns, according to the true intent and meaning of these presents, notwithstanding any Act, had, made, done or suffered by the said R. H. or the said I. H. his said Uncle, or either of them: And that the said Mannor, Messuages, Lands, Advowson, and all other the premisses, with their and every of their appurtenance, Freed from Incum­brances. now are, and so shall and may for ever here­after remain, continue, and be unto the said Sir R. D. his heirs and assigns free and freely, and clear and clearly [Page 482]acquitted, exonerated and discharged, of and from all and all man­ner of former and other Gifts, Grants, Leases, Joyntures, Dowers, Uses, Wills, Intails, Annuities, Statutes-Merchant, and of the Staple, Recognizances, Bonds, Judgements, Executions, Extents, Seizures, Condemnations, Rents, arrerages of rents, Intrusions, Forfeitures, Mortgages, Fines for Alienation without licence, Debts of Record, Debts to his Majesties Estate, Tithes, Troubles, Charges and In­cumbrances whatsoever, had, made, committed, done or suffered by him the said R. H. or by his Assent, Consent, Act, means or pro­curement, or by J. H. his said Uncle, or either of them, An Exception of Leases. One Lease for the term of 20 years to be accounted from the Feast of the Annuntiation of of our Lady St. Mary the Virgin in the year of our Lord God, &c. of parcell of the premisses made by the said R. H. to one I. D. wherein the yearly rent of Nine pounds is reserved: One other Lease for the term of 22. years, to be accounted from the Feast of St. M. in the Eighteenth year of the Reign of our late Soveraign Lord King James over England, &c. of other parcel of the premisses made by the said R. H. to one C. O. and whereupon the yearly Rent of 20 l. is reserved: One other Lease, &c. All which said several Rents, shall from henceforth be due and payable to the said Sir R.D. his heirs and assigns, during the several and re­spective terms aforesaid. And further, The said R. H. and I.H. for themselves, Govenant for qui­et enjoying. &c. do Cove­nant, &c. with the said Sir R. D. &c. That he the said Sir R.D. his heirs and assigns, and every of them, shall and may for ever hereafter quietly and peaceably have, hold, occupy, possesse and enjoy the said M. Farm, Advow­son, Lands and Premisses, with their and every of their appurte­nances, without the let, suit, trouble, disturbance, denial, molesta­tion, interruption, or eviction of them the said R. H. and I. H. o [...] either of them, their or either of their heirs or Assigns, or any [...] them, And without the lawful Let, Suit, Trouble, Denial, Mole­station, Interruption or Eviction of all and every other person [...] persons whatsoever, lawfully claiming by, from or under the [...] the said R. H. and I. H. or either of them, their or either of the estate, right or title: or by, from or under I. H. deceased, Uncl [...] of he said R. H. (except before excepted;) And also that they th [...] said R. H. and I. H. parties to these presents and either of them, For further assurance. their and either of the [...] heirs and assigns, and M. now the wife o [...] the said R.H. and every of them shall and will from time to time [Page 483]and at all times hereafter, &c. And it is hereby declared, conclu­ded, &c. That all Fines, Feoffments, Recoveries and all other assurances whatsoever, had, made, levied, suffered or executed, to be had, made, levied, suffered or executed, by or between the said parties to these presents, or any of them, of the said M. and pre­misses, or of any of them shall be and enure, and hereby and by all the parties to these presents, are agreed to be and enure, To the only proper use and behoof of the said Sir R. D. and of his, &c. and to none other use, intent or purpose whatsoever. In witnesse, &c.

Sir Alex. D. being seized of the Mannor of B. in Corn. O. for life, with Remainder to his first Son and his heirs, with Remainder to his second Son, and so to the tenth Son, sell the Mannor-House, and half the Lands to Sir T.R. which to secure, settles the Mannor of C. by the Collateral Deed and Bargain and Sale, ut sequitur.

THis Indenture made the day of, &c. between Sir A.L. on the one part, and Sir T.R. on the other part. Whereas the said Sir T.R. at the ensealing and delivery of these presents, hath paid unto the said Sir A.D. the Sum of 2000 l. of currant money of Eng­land, in Consideration whereof the said Sir A. D. Dame M. his wife, and the heirs of the said Sir A. are to convey and assure unto the said Sir T.R. his heirs and assigns, All that the Mansion-house and Capital Messuage of the said Sir A.D. with all Houses, Edi­fices, Barns, Stables, Buildings, Yards, Orchards and Gardens, with their and every of their appurtenances, situate, lying and being in G. B. in the County of O. And also all Trees, Furzes, Woods and Under-woods, with their and every of their appurtenances, st [...]nd [...]ng, growing, lying and being in all or any the Closes and parcels of ground herein after particularly expressed, and also all Waters, Fishings and Fish-ponds, being in or between the same, and the moity of all other Waters adjoyning and next to the same, now or late in the possession of the said Sir A. D. situate, lying and being in G. B. aforesaid, in the said County of O. And also all that Close, &c. reciting the particulars with the buttalls and boundalls [...] And also all usual Wayes, Easements, Profits and Commodities to all and singular the premisses, and to every part and parcel thereof belonging, or in any wise appertaining: And all and singular the Tythes, which at any time hereafter may arise or grow due, out of [Page 484]all or any the premisses aforesaid: All and singular which premisses are situate, lying and being in the Parish of G. B. aforesaid, in the said County of O. Together also with all the Wayes and Passages, now or at any time within the space of three years last past, used or occupied, unto or with the premisses, or any part thereof, for the said Sir T.R. his heirs and assigns, and for his and their Servants, Cattle and Carriages in and through any other the grounds of the said Sir A. D. in G. B. aforesaid, unto the premisses, and every of them intended to be conveyed and assured as aforesaid: In which conveyances and assurances to be made of the premisses, in man­ner and form aforesaid, there are to be excepted, to and for the said Sir A. D. his heirs and assigns, Lessees, Farmors and Under­tenants, and all his and their Servants, and all others by his and their appointment, necessary and convenient wayes and passages in and through all or any the premisses to be conveyed, as afore­said, unto and from all or any the Closes and Grounds of the said Sir A. D. situate in B. aforesaid, not to be conveyed unto the said Sir T. R. aforesaid, Now this Indenture witnesseth, That for the quiet enjoying of all and singular the before mentioned premisses, with their and every of their appurtenances unto the said Sir T. R. his heirs and assigns, and for and in consideration of the Summe of 5 s. of currant money of England, in hand paid by the said Sir T. R. unto the said Sir A. D. that the said Sir A. D. hath granted, bar­gained, sold, enfeoffed and confirmed, and by these presents doth grant, bargain, sell, enfeoffe and confirm unto the said Sir T. B. his heirs and assigns for ever, All that his Mannor of C. with the appurtenances in the Parish of P. or elsewhere in the said County of B. And all Messuages, Closes, Lands, Meadows, Pastures, Woods, and Hereditaments, with their and every of their appur­tenances of the said Sir A. D. scituate, lying and being in the Town, Hamlets, Fields and Precincts of C. and P. aforesaid, or in either of them in the said County of B. And also the Reversion and Reversions, Remainder and Remainders of the said Mannor of C. and of all and singular the premisses, with their appurtenan­ces hereby intended to be granted, bargained and sold: And also all the estate, right, title, interest, claim and demand whatsoever of him the said Sir A. D of, in and to the said M. of C. with the appurtenances, and all other the premisses, before by these presents mentioned to be granted, bargained or sold, with the appurtenan­ces, and of, in and to every part and parcel thereof; And also all Deeds, Evidences and Writings, touching or concerning the afore­bargained [Page 485]premisses only, or only any part or parcel thereof: To have and to hold the said M. of C. with the appurtenances, and all and singular the afore by these presents bargained premisses, with their appurtenances, and the Reversion and Reversions, Re­mainder and Remainders of the same, and all the estate, right, title and interest of the said Sir A. D. of, in and to the same, and all Writings only concerning the same, or only any part of the same unto the said Sir T.R. his heirs and assigns: To the only, &c. And the said Sir A. D. for himself, his, &c. doth Covenant, &c. That for and notwithstanding any act or thing by the said Sir A. D. or by Sir T.D. Knight, deceased, late Father of the said Sir A.D. done or suffered to the contrary, he the said Sir A.D. now at the time of the ensealing and delivery of these presents, is the true, rightful and lawful Owner of the said M. of C. and of all and singular the afore-bargained premisses, with the appurtenances, and of the same, and of every part of the same, is lawfully seized in his De­measne, as of Fee-simple, without any manner of Reversion or Remainder thereof, or of any part thereof in his Kings Majesty that now is, his Heirs or Successors, or in any other person or persons whatsoever: And also that he the said Sir T.R. his heirs and assigns, for and notwithstanding any act or thing by the said Sir A.D. or by Sir T.D. Knight, deceased, as aforesaid, done or suffered to the contrary, shall and may from henceforth for ever hereafter, lawfully, quietly and peaceably have, hold, occupy, pos­sesse and enjoy the said M. of C. and all and singular the afore­bargained premisses, with their appurtenances clearly acquitted, exonerated and discharged of and from all and all manner of for­mer and other Bargains, Sales, Gifts, Grants, Mortgages, Leases, Feoffments, Joyntures, Dowers, Statutes, Recognizances, Rents, Judgments, Condemnations, Executions, Liveries, Ousterlemains, Issues, Amerciaments, Respites of Homage, and of and from all other titles, troubles, charges, estates and incumbrances whatso­ever heretofore had, made, committed, caused or done, or here­after to be had, made, committed, caused or done by the said Sir A. D. and the said Sir T. D. or by either of them, or by any other person or persons whatsoever, lawfully having, or claiming to have any estate, right, title and interest, by, from or under the said Sir T.D. and Sir A. D. or either of them, or the heirs or assigns o [...] them, or either of them: (The Joynture for the life of Dame M. D. now wife of the said Sir A. and one Lease for about six years to come, heretofore made to J. B. at the yearly Rent of 30 l. per [Page 486]annum: And one other Lease, made to O. F. for about one year yet to come at the Rent of 100 l. per annum: And one other Lease, &c. only excepted.) And further, That he the said A D. his heirs and assigns, and all and every other person and persons lawfully having, or claiming to have, by, from or under them, or any of them, any estate, right, title or interest whatsoever, of, in or to the said Mannor of C. and other the afore by these presents bar­gained premisses, or of, in or to any part or parcel of the same, shall and will at all times hereafter, at or upon the reasonable re­quest, and at the only and proper costs and charges of the said Sir T.R. his heirs and assigns, a Covenant pro future. Ass. so that the said assurance or assurances contain no further or other War­ranty or Warranties than onely against Sir A D. and his heirs, and against all and every other person and persons claiming, by, from or under them, or any of them: Provided alwayes, and upon Condition, That if the said Sir A. D. and such person and persons to whom by any Conveyance or assurance heretofore made, the Reversion or Remainder of the said Mannor-house and premisses in B. aforesaid, and intended to be conveyed unto the said Sir T. R. as aforesaid, should or might, or shall remain or come imme­diately after the death of the said Sir A. D. and Dame M. his Wife, shall within one year next after such person or persons shall attain unto the age of 21 years at the onely Costs and Charges, and at the reasonable request of the said Sir T. R. his heirs and assigns, or of some or one of them, convey & assure unto the said Sir T.R. his heirs & assigns, and only to their uses and behoofs, All that Capital Mes­suage and M. house aforesaid, and all other the above recited pre­misses, as aforesaid, with their and every of their appurtenances, scituate, lying and being in G. B. aforesaid, free and clearly dis­charged of all and all manner of Estates, Titles, Troubles, Charges and Incumbrances had, made or done by the said Sir A. D. or by Sir A.H. Knight, lately deceased, or by, from or under them, or either of them, or the heirs and assigns of them, or either of them, with the like Covenants for the said Sir T. R. his heirs and assigns, in such assurances to be made, as are contained in an Indenture, bearing date the first day of this instant month of M. made between Sir A D. of the one part, and Sir T. R. in such manner and form, as by the said T. R his heirs or assigns, or by some or one of them, or by his o [...] their Council learned in the Law, shall be reasonably devised, or advised and required: So that the said assurance and conveyance, assurances and conveyances, contain no further or other Covenant or Warranty, than only against Sir R. D. and [Page 487]his heirs, and against Sir T.D. and his heirs, and against all and every other person and persons claiming, by, from or under them, or any of them: That then, from and immediately after such assu­rance is made of the premisses, with their appurtenances in G. B. aforesaid, unto the said Sir T. R. in manner aforesaid. This pre­sent Indenture, and the Grant, Bargain and Sale therein contained of the said M. of C. and other the premisses in P. aforesaid, with the appurtenances, to be void and of none effect, any thing in these presents contained to the contrary thereof in any wise notwith­standing. And then the said Sir T. R. doth by these presents, for him­self, his, &c. Covenant, grant and agree to and with the said Sir A. D. his heirs and assigns, That he the said Sir T. R. his heirs and as­signs, shall and will deliver up unto the said Sir A. D. his heirs or assigns, this Indenture to be Cancelled, together with the Eviden­ces hereby granted, and in a Schedule expressed hereunto annexed, and then likewise shall and will at the costs and charges of the said Sir A.D. make such reasonable Assurances and Conveyances, for the better re-assuring and re-conveying of the said M. of C. and premisses by these presents bargained and sold unto the said Sir A. D. his heirs or assigns, or by his or their Council learned in the Law, shall be reasonably devised, or advised and required: In witness whereof, &c.

A Declaration of the use of a Fine, where several parties joyn.

THis Indenture Tripartite, made, &c. between I.A. of, &c. and M. his wife, sole Daughter and Heir of A.F. Gentleman, de­ceased, T. S. of, &c. and M. his wife, of the first part; E. D. of, &c. on the second part; and G. D. of, &c. and M. S. of, &c. on the third part. Whereas the said I. D. M. his wife, T.S. and M. his wife, have in Michaelmas term in the year of our Lord God, One thousand, &c. acknowledged and levied one Fine with Pro­clamation, according to the Form of the Statute, in due form of Law before the Justices of his Majesties Court of Common-Pleas at Westminster, unto the said G. D. and his heirs, of and for all those eight Cottages, with the appurtenances, situate and being in C. W. aforesaid, by the name or names of Eight Cottages, two Gardens, and one Orchard, with the appurtenances in W. and C. W. aforesaid: As by the said Fine remaining on Record in the said Court of Common-Pleas at Westminster, it doth and may ap­pear. These presents witness, and it is hereby testified, expressed [Page 488]and declared, by and between all the said parties to these presents, and the true intent and meaning of all the said parties to these pre­sents, and to the said Fine then at the time of levying the said Fine was and now is: That the said Fine, and all other Fines le­vied, or to be levied of the premisses, or any part thereof, or of the same, or any of them, with any other Lands, Tenements or Here­ditaments, by or between the parties to these presents, or any of them, and the Uses thereof shall be and enure, and hereby, and by all the parties to these presents, are and shall be adjudged, deemed and taken to be and enure, to the uses, intents and purposes here­after in these presents expressed, limited and declared, viz. Of, for and concerning all that one Cottage or Tenement, wherein one D. A. Taylor, did lately inhabit, scituate in C. W. aforesaid, in a Street there called F. with the Orchard or Back-side, Garden and Appurtenances, To the use and behoof of the said G. D. his heirs and assigns for ever: And of, for and concerning all that Cottage or Tenement, wherein the said M.S. doth now inhabit in C. W. aforesaid, in a place there called N. with the Back-side and Gar­den, and appurtenances thereunto belonging or appertaining, To the use and behoof of him the said M.S. his Heirs and Assigns for ever. And of, for and concerning one other Cottage, &c. to the said J.A. his heirs and assigns for ever; And of, for and concerning all other the Cottages and Premisses in the said Fine contained, the use whereof is not herein or hereby formerly limited and declared, To the use and behoof of the said E. R. his heirs and assigns for ever, and to none other use, intent and purpose whatsoever. In witnesse, &c.

A Condition for the sealing an Acquittance, or Release of Lands.

THe Condition, &c. That if the above-bounden B. C. do cause J. M. Serjeant at the Law, and E. his Wife, before the Feast of E. next coming at the costs and charges in the Law of the said B. C. by their sufficient deed in the Law, to release, remit and quit-claim to the within named C.D. his, &c. all their right, title, power and interest which the said L. M. and E. his wise, or either of them, have, had, or may have, claim or pretend to have, of, in or to all such Lands, Tenements, &c. That then &c.

A Bill to pay Money.

MEmorandum, That I R. S. do owe unto I. M the full sum of 10 l. of, &c. to be paid unto the said J. M. his, &c. on the, &c. next coming, for payment whereof I the said R. S. do bind me, my, &c. in the sum of, &c. firmly by these presents. Sea­led and dated the day and year abovesaid. Let it be dated as a ge­neral acquittance.

A Release.

BE it known, &c. That I W.B. of, &c. have remised, released, and for me, my heirs, &c. do by these presents remise, &c. unto I.R. of, &c. all and all manner of Actions, Sutes, Quarrels, Debts, Trespasses, Accounts, Covenants and demands whatsoever, which I the said W. B. now have against the said J. R. or my Executors Administrators or assigns, at any time might, ought or could have, against the said J R. his, &c. as Executor of J. R. his Father, decea­sed, or otherwise howsoever from the beginning of the world, until the day of the date hereof. In witness, &c.

A License to let Lands, although prohibited by Lease.

WHereas my Tenant W.H. holdeth of me one Tenement in P. in, &c. with the appurtenances for certain years yet to come, by an Indenture of Lease dated, &c. wherein he hath expresly Covenanted with me not to set or let out any part or par­cel of the said Tenement, without my special licence and consent in writing, in that behalf to be had, as by the said Indenture amongst &c. appeareth. These presents witness, That I the said H.K. have licensed, allowed, and do by these presents license and allow the said W.H. to let, set or demise the said Tenement to one R.P. his, &c. for three years next ensuing. Provided, That he the said W. H. shall at his peril see the Rent in the said Indenture and other Covenants and payments therein mentioned to be paid on the part and behalf of the said W.H. be duly kept and performed. Dated, &c.

A Letter of Attorney to two to receive possession.

TO all Christian people, to whom these presents shall come, Sir R. D. of, &c. sendeth greeting: Whereas G.S. of, &c. did seal unto the said Sir R. D. and deliver an Indenture bearing date the last day of May, now last past, purporting a Conveyance unto him the said Sir R. D. and his heirs, of all that Messuage or Tene­ment with the appurtenances, scituate and being in B. aforesaid, sometimes thentofore, &c. setting down the particulars; To have and to hold the said, &c. to the said Sir R.D. his Heirs and Assigns for ever, as by the said Indenture, it doth and may more fully ap­pear: Now know ye, That the said Sir R. D. hath, and hereby doth authorize, constitute, depute, and in his stead and place, put his well-beloved Friends C. G. of, &c. and T. A. of, &c. and either of them, his true and lawful Attorneys, joyntly and seve­rally to receive and take for him, and in his name, and to his use, full and peaceable possession and seisin of and in all, or any part of the premisses, in the name of the whole, of and from the said G. S. to hold to the said Sir R. D. and his Heirs, according to the te­nor, purport, form and effect of the said Indenture. In wit­ness, &c.

A Note of Indorsement of Livery of Seisin on the Indenture by vertue of the Letter of Attorney.

MEmorandum, That full and peaceable possession and seisin was given and delivered by the within-named G. S. of the Messuage or Tenement, Closes and Land within-mentioned unto C. G. of, &c. by vertue of the Letter of Attorney to this present Indenture annexed, for and in the name, and to the use of the within-named Sir R. D. and his Heirs, according to the true intent and meaning of the said Indenture and Letter of Attorney the day of, &c. in the presence of us whose names are subscribed.

Note. That the Letter of Attorney must be pinned or filed to the Indenture.

An Assignment of a Lease in trust.

THis Indenture made, &c. Between W. P. of, &c. on the one part, and R. P. of, &c. on the other part, Witnesseth, That the said W. P. for divers good causes and considerations him here­unto moving, hath demised, granted, assigned and set over, And by these, &c. unto the said R.P. his Executors and Assigns, All that, &c. (setting down the particulasr) with their and every of their rights, members and appurtenances thereunto belonging; Together with all and every the estate, right, title, interest, use, possession, term for years, claim and demand whatsoever of him the said W. P. of, in and to the said, &c. by vertue of a former Lease or Assignment thereof made to him by one W. R. of, &c. and I. his wife, or ei­ther of them for the residue of a term of 1000 years, then unex­pired, or otherwise howsoever; To have and to hold the said, &c. with the appurtenances, during all the rest and residue of the said term of 1000 years, which are yet to come and unexpired unto the said R. P. his Executors and Assigns, Upon the trusts, and to the intents and purposes hereafter mentioned and expressed. That is to say. That the said R.P. and his assigns, shall permit and suffer the said W. P. to have and take to his own proper use and bene­fit, all and every the Rents, Issues and Profits of the premisses, for and during his natural life, without Impeachment of or for any manner of waste; And from and after his decease, the said R. P. or his assigns, shall stand and be possessed, or dispose of the premisses, during the residue of the said term, which shall be then to come to such uses, intents and purposes as the said W. P. shall by his last Will and Testament in Writing, under his Hand and Seal, and subscribed in the presence of two or more credible Witnesses, nominate and appoint the same; and for want of such Declaration or Limitation to be made, That then the said R. P. shall stand possessed of the premisses in trust for the Executors or Administrators of the said W.P. and to none other use, intent or purpose whatsoever. In witness, &c.

E. R. having bought the Mannor of B. and Copy-hold Lands belong­ing to it, takes a surrender of the Copy-hold Lands in others names, who by Deed, after recital of what Estate they had, make this ac­knowledgement.

WHereas E. R. of, &c. hath with his own money purchased of I. G. of, &c. amongst other Lands, Tenements and Hereditaments; the Customary, Messuage, Lands, Tenements, and Hereditaments hereafter mentioned, viz. Then setting all the particulars with the quantity and number of acres and closes names, and in whose occupation. And also whereas W. P. of, &c. R. W. F. K. and D.G. of, &c. being Customary Tenements of the said M. of B. did surrender into the hands of I. G. being Lord of the said M. All and singular the Customary, Messuage, Lands, Tenements and Hereditaments before mentioned, To the use and behoof of us the said W.N. and R.F. to the intent and purpose that the said I. G. or other the Lords of the said M. or their Stewards for the time being at the next Court-Baton to be holden for the said Mannor, should admit, or cause us the said W.N. and R. F. to be admitted Tenants unto all and singular the said, &c. As by the said Surren­der bearing date, &c. relation being thereunto had, may more fully and at large appear. Now know ye, That we the said W. N. and R. F. for the manifesting of the truth of the said Surrender, and for the avoiding and clearing of all questions and doubts which hereafter may arise or grow touching or concerning the said Surrender, taken in our names, as aforesaid, do hereby freely and voluntarily ac­knowledge, express and declare that the said Surrender was made, taken and done by the special direction and appointment of the said E.R. in trust, to and for the onely use, benefit and behoof of him the said E. R. his heirs and assigns for ever, and to and for no other use, intent or purpose whatsoever; And therefore we the said W.N. and R.F. do by these presents freely and absolutely dis­claim any other estate, right, title or interest, claim or demand, which we or either of us now have, or hereafter may or can have, claim or demand in or to the said Customary, Messuages, Lands and Premisses, or any part thereof, but such as we have only by the trust reposed in us by the Surrender before expressed. In witnesse whereof we the said W. N. and R. F. have hereunto set our hands and seals, &c.

A Lease in trust.

THis Indenture made, &c. between Sir R.D. of, &c. on the one part, and W. D. of, &c. R. H. of, &c. and T. S. of, &c. on the other part, witnesseth, That the said Sir R. D. for divers good causes and considerations him moving, hath demised, granted, set and to farm-letten, and by these presents doth, &c. unto the said W.D. R. H. and T. S. their Executors and Assigns, All that the Mannor of A. with the rights, members and appurtenances thereof in the said County of B. and all Messuages, Lands, Tenements and Hereditaments whatsoever of him the said Sir R. D. situate, lying and being in A. aforesaid, in the said County of B. And al­so all that Close of Land, in the Parish of N. in the said County of B. called the Warren-Hill, with their and every of their appur­tenances; And all wayes, easements, passages, profits, Commons and Commodities whatsoever belonging to the said Mannor and Premisses, and to every or any of them (except all Timber-Trees growing on the premisses) or any part thereof: To have and to hold the said Mannor, and all other the premisses, with their and every of their appurtenances unto the said W.D. R.H. and T. S. their Executors and Assigns, from the Feast of, &c. last before, &c. for and during, and unto the full end of 24 years, &c. Yielding a Pepper-Corn, &c. Nevertheless, upon this special trust and con­fidence, and to the intent and purpose that they the said W.D. R.H. and T.S. their Executors and Assigns, shall permit and suffer him the said Sir R. D. and his assigns, during his life, to hold and en­joy the said Mannor and Premisses, and to receive and take the Rents, Issues and Profits thereof, to his and their own use, without Impeachment of any manner of waste. And also that they the said W.D. R.H. and T.S. their Executors and Assigns, from and after the decease of the said Sir R. D. shall permit and suffer J. D. Esq Son and Heir apparent of the said Sir R.D. and his heirs, to hold and enjoy, and to receive and take the Rents, Issues and Profits of the said Mannor and Premisses, for so long time as he the said J.D. and his heirs, shall permit and suffer M. D. and K. D. Sons of the said Sir R. D. his heirs and assigns, severally and respective­ly to hold and enjoy, according to their several and respective Estates and Limitations, to them severally and respectively made, appointed, or to be made and appointed in Trust for them, or ei­ther of them by the said Sir R. D. their Father, of all that the Man­nors [Page 494]of E. and T. in T. with their and either of their Rights, Mem­bers and appurtenances thereof, in the said County of B. and all that the Rectory and Parsonage impropriate of T. aforesaid, and of all that third part of the Mannor of C. with the Rights, Mem­bers and Appurtenances thereof in the said County of B. And al­so to the intent and purpose, that if the said J. D. his heirs and assigns, shall at any time during the term hereby demised, disturb, hinder or molest the said M. D. and R. D. the son, or either of them, their, or either of their heirs or assigns, in the quiet holding or enjoying of all or any the Mannors, Lands, Tenements or He­reditaments to them, or in Trust for them, severally and respective­ly limited and appointed by the said Sir R. D. their Father as afore­said, or shall crosse, or hinder any the limitations or estates, made or appointed by the said Sir R. D. to or for the said M. and R. D. as aforesaid, whereby or by reason whereof they the said M. D. and R.D. the son, or either of them, their heirs or assigns, shall not, or may not quietly hold and enjoy, and take the profits of the Mannors, Lands, Tenements and Hereditaments to or for them, or either of them, severally and respectively limited and appointed by their Father Sir R.D. as aforesaid; That then, and immediate­ly from and after such disturbance and hindrance used and done by the said J. D. his heirs or assigns: They the said W.D. R.H. and T. S. their, &c. shall permit and suffer them the said M. D. and R. D. their heirs and assigns, severally and respectively to take and receive the Rents, Issues and Profits, of the Mannor of A. and all other the premisses hereby demised, for all such time and terms of years, as shall be to come and unexpired at the time of such Distur­bance and hinderance made or done by the said J.D. his, &c. Pro­vided alwayes, That if the said Sir R. D. at any time during his life, shall be minded to make void these presents, and the Estate hereby granted, and shall by any writing under his Hand and Seal, subscribed in the presence of two credible persons, or more, declare such his mind and intention, for the making void thereof: That then, from and after such Declaration in writing made and subscri­bed by the said Sir R.D. as aforesaid, This present Indenture, and the Estate hereby granted, shall cease, determine, and be utterly void, to all intents and purposes, any thing herein contained to the contrary thereof in any wise notwithstanding. In witnesse where­of, &c.

A Lease in trust.

THis Indenture made, &c. between Sir R. D. of, &c. on the one part, W.D. of, &c. R. H. and T. S. &c. on the other part, Witnesseth, That the said Sir R. D. for, &c. setting down the De­mise, ut supra, though of other Lands, with the Habendum and Red­dendum, ut supra. Nevertheless, upon this special trust and confi­dence that they the said W.D. R.H. and T.S. their, &c. shall per­mit and suffer him the said Sir R.D. and his assigns, during his life, to hold and enjoy the said Mannor and Premisses, and to receive and take the rents, issues and profits thereof to his and their own use. And also upon this further special trust and confidence that they the said W. D. R. H. and T. S. their, &c. from and after the decease of the said Sir R. D. shall imploy yearly out of the profits of the said M. and premisses, the sum of 50 l. of, &c. for the Edu­cation and bringing up of M. D. Gentleman, second Son of the said Sir R.D. for, and untill he the said M. shall attain unto the age of nineteen years; And also that they the said W.D. R.H. and T. S. their, &c. from and after the said M. D. shall attain his said age of nineteen years, during the residue of the said term, shall raise out of the profits of the premisses, the sum of 80 l. per annum, for and towards the maintenance, and for the portion of him the said M.D. And also at the end of the term hereby demised, shall and will yield and deliver the rest and residue of all the profits of the premisses by them received or raised unto him the said M.D. or to his issue, if any issue of his body be then living. And if the said M.D. before his said age shall die without issue, that then they the said W.D. R.H. T.S. their, &c. from and after the decease of the said M.D. without issue, as aforesaid, shall yield and deliver unto J.D. Esquire, eldest son and heir apparent of the said Sir R. D. at his age of nineteen years, or to such issue of his body as shall be living at such time as the said J.D. shall have accomplished his said age of nineteen years if he had lived, all such rents, sum and sums of money, as they, or any of them shall have received or taken out of, or for the said Mannor or Premisses, and every or any of them. And if the said J.D. before the said age of nineteen years shall die without issue, that then they the said W.D.R. H. and T.S. their, &c. from and after the decease of the said J. D. as aforesaid, shall yield, pay and deliver unto R. D. Gent. youngest son of the said [Page 496]Sir R. D. at his age of nineteen years, or to such issue of his body as shall be then living, all such rents, sum and sums of money as they, or any of them shall have received or taken out of, or for the said M. and premisses, and every or any of them. Cum eadem po­tentia revocat. pro ut ultim. specificat. In witness, &c.

A Declaration of Trust, with a Declaration of uses by the Truster.

THis Indenture made, &c. between A. Lady D. of, &c. Widow on the one part, and Sir I.D Sir I.C. Sir R.L. I.C. I.C. T.L. T.I. W.M. and W.G. of, &c. seperatim on the other part. Whereas the said Sir I.D. I.C. and I C. do stand joyntly seized in Fee with the said A. Lady D. of, and in all that the Mannor of L. in the County of L. with the rights, members and appurtenances there­of, and of all that the Capital Messuage or Mansion-house of L. aforesaid, and of all and singular Messuages, Lands, Tenements, Tofts, Cottages, Mills, Meadows, Closes, Pastures, Leasows, Com­mons, Waste-grounds, Furze, Heaths, Woods, Under-woods, Waters, Moors, Wayes, Fishings, Court-Leets, Views of Frank­pledge, Waifs, Estrayes, Royalties, Franchises, Rents, Reversions, Services, Profits, Commodities, Liberties, Priviledges and Here­ditaments whatsoever to the said Mannor, or any part thereof be­longing or appertaining, or reputed, deemed, occupied, or taken as part, parcel or member of the said Mannor of L. aforesaid, and of all that Messuage with the appurtenances in L. aforesaid, in the possession of W. C. or his assigns; as by the conveyance thereof to them made by G. A. Esq it doth and may more fully appear. And whereas the said T.L. T.I. and W.G. do also stand joyntly seized to them and their heirs, of and in all and all manner of Tithes, of what nature, condition or quality whatsoever, and of all Demises, Pensions, Portions, Oblations, Emoluments and Profits whatsoever coming, growing, renewing, arising, encreasing, issuing or going out of any the Lands, Meadows, Pastures or Woods in L. in the said County of L. or being parcel of the Demeasnes of the Mannor of L. with their and every of their rights, members and appurtenances, and of all and singular Glebe-Lands, Tenements, Profits, Commodities, Emoluments and Hereditaments whatso­ever, to the Rectory and Parsonage of L. aforesaid belonging or appertaining, lying or being amongst the Demesne-Lands of L. aforesaid; and also of all and all manner of Tithes, coming, grow­ing, [Page 497]renewing or increasing, in, or upon the said Glebe-Lands, Te­nements and Hereditaments, or any of them, and of all other the Tithes, coming, renewing, or increasing in L. aforesaid, as by the conveyance thereof to them made by W. C. and G. A. it doth and may appear. And whereas the said Sir I. C. Sir R. L. and W. M. do stand possessed and interessed for divers years yet enduring, of, and in all that Pasture-ground, containing by esti­mation one hundred and twenty Acres, be it more or less, lying in L. in the Parish of S. in the said County of B. called or known by the name of the Nether ground, with the Tenement, and all other the Edifices and Buildings thereupon standing, as by the Lease thereof to them the said Sir I. C. Sir R.L. and W.M. by I.I. and A. his wife, dated the nineteenth day of, &c. it doth and may appear. Now these presents witness, and it is hereby decla­red, testified and expressed, by all the said parties to these presents, that all and every the several parties to these presents, do stand so seized and interessed of all and every the premisses respectively, only in trust for the said A. Lady D. and to her use, and that they the said Sir J. D. Sir I. C. Sir R.L. I.B. I.L. T.L. T.I. W.M. and W.G. and every of them, and the Heirs and Executors of the Survivor and Survivors of them, shall at the requests and costs of the said A. Lady D convey and dispose the premisses, and every of them respectively, to such person and persons as she the said A. Lady D. shall in her life-time under her hand, or by her last Will in writing, appoint or give consent unto. And the said A. Lady D. doth hereby also declare, that her intent is, in case she should not in her life time, as aforesaid, or by her last Will make any Declara­tion of her intent for the disposing of the premisses; or in case she the said A. Lady D. shall make such Declaration for part, and not for other part, then the said parties trusted, and every of them, shall respectively convey their several Estates in the premisses, or of so much thereof, as she the said A. Lady D. shall not so make a Declaration of to W. D. Esq second Son of the said A. Lady D. and to his Heirs, Executors and Assigns, according to the intent of these presents; and shall alwayes permit her and her assigns, as aforesaid, to receive and enjoy all and every the Rents and Profits of the same. In witness whereof, &c.

A Letter of Attorney to demand a Rent according to a Lease.

TO all Christian People to whom, &c. E.F. of, &c. and J. P. of, &c. send greeting in our Lord God everlasting. Whereas the said E. F. and J. B. by their Indenture dated the fifth day of, &c. did demise and grant unto J. B. of C. in the said County of B. Yeoman, and his Assigns, all that Wood-ground, with the soyl thereof, called by the name of W. Wood, containing by estimation 60 Acres, were the same more or lesse, with the appur­tenances thereunto belonging, lying in the Parish of C. aforesaid, to hold the demised premisses to the said I. B. and his Assignes, from the Feast of the Birth of our Lord God then last past, for the term of Twenty one years from thence next ensuing, by and under the yearly Rent of Thirty pounds six shillings and four pence, payable to the said Edmund F. and J. P. at the Feast of the Nativity of St. John the Baptist, and the Birth of our Lord God, by equal portions, at the Font-stone in the Temple-Church, Lon­don, with this special Proviso or Condition in the said Indenture contained, That if the said yearly Rent, or any part thereof, should be unpaid in part, or in all, at the place aforesaid, by the space of ten dayes next after either of the said Feasts, or dayes of payment, the same being lawfully demanded, that then, and at all times afterwards, it should be lawfull for the said E. F. and J. P. and their assigns, to re-enter upon all the premisses, and the same to have again, retain, repossess and enjoy, as in their former estate and right, as by the said Indenture, amongst other things herein contained, appeareth. Now know ye, That the said Edmund F. and J. P. have, and hereby do depute, constitute and appoint, and in their stead and place put their well-beloved Friend J. H. of L. Esquire, their true and lawful Attorney, for them, and in their names, to ask and demand, according to the Proviso in the said Indenture contained, the half-years Rent that shall grow due up­on the said Demise, by the said J. B. or his Assigns, being the sum of Fifteen pound three shillings and two pence, at the Feast-day of the Birth of our Lord God now next ensuing; And also they the said Edmund F. and J. P. do hereby authorize and appoint the said J. H. to demand the said Rent and Sum at the time and place in the Proviso in the said reci [...]ed Indenture, mentioned for payment thereof, according to the Proviso or the intent thereof. [Page 499]And the said E. F. and I. P. do hereby further authorize and appoint the said J. H. Authority to de­mand a Rent. Toties quoties. from time to time, and at all times, during the continuance of the said Term that shall be unexpited and to come, at or after the said Feast-day of the Birth of our Lord God now next ensuing, for them, and in their names, to ask and demand on the tenth day next after either of the said Feasts or dayes of payment, according to the Proviso in the said Indenture contained, all such Rent and Rents that shall grow due to be paid upon the said Demise, at either of the said Feasts, by the said J. B. or his Assigns, at the time and place in the Proviso of the said recited Indenture mentioned for payment thereof, ac­cording to the purport and form of the same, ratifying and allow­ing all and whatsoever the said I. H. shall do in the premisses, as if they themselves were personally present, and did demand the same. In witnesse, &c.

A Letter of Attorney to re-enter upon the former Letter of Attorney.

TO all Christian People, to whom, &c. E. F. of, &c. and I.P. of, &c. send greeting. Whereas, &c. reciting the Indenture mentioned in the former Letter of Attorney, and then reciting, That whereas the said E. F. and I. P. by their Letter of Attor­ney dated, &c. did authorize and appoint J. H. of, &c. to ask and demand in their names, and to their use, the half-years Rent, &c. viz. the summe of 15 l. 3 s. 2 d. which was then to grow due and payable at the Feast day of the Birth of our Lord God, then next ensuing, and for non-payment whereof, the said E. F. and I.P. by a Proviso in the said recited Indenture, might lawfully re­enter, if the same should be behind by the space of ten dayes, after the said Feast according to the form and effect of the said recited Indenture and Proviso. And whereas the said J.H. did demand the said half-years Rent of 15 l. 3 s. 2 d. due and payable by vertue of the said Proviso, and the power to him given by the Let­ter of Attorney aforesaid; Yet notwithstanding the said I. B. and his Assigns, nor either of them, have not paid the said half-years Rent, according to the reservation and Proviso of the said recited Indenture: Now know ye, That the said E. F. and I. P. have, and hereby do depute, constitute, ordain and appoint their [...] [Page 500]Well-beloved Friend J. H. their true and lawfull Attorney for them, and in their names, and to their use, into all and every the premisses, demised by the said recited Indenture unto the said I. B. and his assigns, to re-enter, and the same to have, detain and keep for them, and to their use, according to the power and condition in the said recited Indenture mentioned, ratifying, allowing, ut su­pra, in the former. In witness, &c.

An Indenture of Covenants, declaring that a mans name is but only used in Trust, in the taking of an Assurance.

THis Indenture made, &c. between T. B. of the one part, and A. B. of, &c. of the other part, witnesseth. Whereas T.H. by his Indenture of Bargain and Sale bearing date, &c. See down the Consideration and Plaint. made between, &c. for the consideration there­in mentioned, did grant, bargain and sell unto the said T. B. and A. B. their heirs and assigns, all that Messuage, Farm or Tenement, with the ap­purtenances, and all those three Yard-lands of Meadow, arable and pasture, with all and singular their appurtenances in F. in the said County of L. now or late in the tenure of the said T. H. or his assigns, to hold the said Messuage or Tenement, and three Yard-lands, with the appurtenances to the said T. B. and A. B. their heirs and assigns for ever, and did covenant by the said In­denture to levy one fine, Sur Connizance de droit come ceo, &c. of the premisses to them the said T. B. and A. B. and their heirs, as by the said Indenture, (amongst, &c.) appeareth. Now this In­denture witnesseth, That the said A. B. was only named in trust by the said T. B. to and for the use of the said T. B. his heirs and assigns, and that the said Summe of five hundred pound men­tioned in the said Indenture, to be the consideration for the said purchase, was the proper money of the said T. B. And the said A. B. doth covenant, &c. that he the said A. B his heirs and as­signs, from time to time, and at all times here­after, To Convey Lands according to the Trust. upon the request, and at the costs and char­ges in the Law of the said T. B. his heirs or assigns, shall and will convey and assure the premisses, and all his estate, title and interest therein, unto the said T. B. and his heirs, to the use of the said T. B. and his heirs, or to any other person and persons, and their [Page 501]heirs, to the use of them and their heirs, as the said T. B. or his heirs shall direct or appoint, acquitted and discharged of, and from all Charges and Incumbrances, had, made or done by the said A. B. or by, from or under any other person or persons whatsoever, claiming by, from or under him. And the said T. B. doth covenant, &c. That he the said T. B. his Heirs, Executors or Administrators, To save harmless from any damage hapning by reason of the joynt E­state. or some, or one of them, shall and will from time to time, and at all times hereafter, save and keep harmless the said A. B. his Heirs, Executors and Administrators, his and their Lands and Goods, of, and from all manner of damage, loss and hinderance which shall or may hereafter happen to arise or grow, for or by reason of the said joynt estate, settled and raised by the said A. B. and T. B. in Trust for the said A. B. as aforesaid.

An Acquittance for money paid in part of a Purchase.
Quinto die D. &c.

REceived by me T.H. the day and year above-written of T. B. the Summe of, &c. as part of the money agreed to be paid for the purchase of certain Lands in F. in Com. L. according to certain anicles of agreement indented, bearing date, &c. made between, &c. In witness, &c.

The manner of indorsing an Attornment of Tenants.

MEmorandum, That R. C. of, &c. assignee of H. G. &c. and the rest of the Tenants and Farmers of the premisses within mentioned, by vertue of several Leases thereof made unto them, by the within-named W. G. did severally Attorn and become Te­nants of, and of their several and respective interests in the pre­misses to the within-named C.G. this present tenth day of, &c. and the said several Tenants, and every of them, have given unto the said C. G. one penny in the name of Attornment, in the pre­sence of, &c.

A Release of Interest in Lands.

TO all, &c. R. E. of, &c. sendeth greeting. Know ye, That the said R. E. for and in consideration of the sum of, &c. to him in hand paid by T.H. of, &c. hath given, granted, remised, released, and quit-claimed, and by these presents doth, &c. unto the said T. H. all his estate, right, title, interest, term of years, claim and demand whatsoever, which he the said R. E. now hath, or may claim to have, of, in, or to one Messuage or Tenement, with the appurtenances commonly called or known by the name of, &c. scituate, lying, and being in, &c. and of, and in all the Lands, Tenements and Hereditaments whatsoever to the said Messuage or Tenement belonging, or appertaining, or to, or with the same now used, occupied, or enjoyed. In witnesse, &c.

A Condition to save a Surety harmless from a Recognizance.

THe Condition, &c. That whereas the said J. C. and A. G. together with the above-bounden R. P. and for him by Re­cognizance acknowledged before Mr. T. G. one of the Kings Majesties Justices of the Peace for the County of, &c. the said R. P. hath acknowledged to our Soveraign Lord the King, twen­ty pound, and the said A. G. twenty, and the said I. C. twenty pound. That he the said R. P. shall from henceforth for ever keep his Majesties Peace towards one W. B. &c. as by the said Recognizance entred into, as aforesaid, at large appeareth: If therefore the said R. P. his, &c. from time to time, and at all times hereafter, do clearly acquit, discharge and save harmless the said I. C. his, &c. and all his and their Lands, Tenements, Goods and Chattels, and every of them, as well against our said Soveraign Lord the Kings Majesty, his Heirs and Successors, as against all and every other person and persons, of, for, or concerning the said Sum or penalty of, &c. and also of all other costs, charges and troubles that may futurely come or arise for or concerning the same; That then, &c.

A Disavowment of a Sute.

TO all, &c. I. L. of, &c. sendeth greeting, &c. Whereas a Sute hath been of late Commenced and Prosecuted for me, and in my name, in his Majesties Court of Kings Bench at Westmin­ster, against M. L. for, &c. (setting down for what) which said Sute as yet dependeth in the said Court. Now know ye, That the said Sure was Commenced, and is prosecuted without any warrant or allowance of me, and I therefore do hereby renounce and disavow the said Sute, and all and every other sute or sutes at­tempted or prosecuted against the said M. L. for me and in my name, for or by reason of the said Bond, or any other cause or mat­ter whatsoever. In witness, &c.

Warrant for the keeping of a Court.

WHereas I have received direction from the Right Honou­rable R. E. of D. to hold a Court-Baron for his Lord­ships Mannor of S. within, &c. These are to let you understand, That I have appointed the 9th day of, &c. next, being Tuesday, for the holding of the said Court, at or in the Hall of the said M. house, and do therefore hereby request and require you to give notice of the said time and place appointed for the holding of the said time and place appointed for the holding of the said Court unto all and every the Suters and Tenants of the said Mannor, and that you warn them, and every of them, to be then and there pre­sent by eight of the clock in the fore-noon to give their attendance; And that also at the time and place aforesaid, you return before me a Jury of the Suters and Tenants of the said M. to enquire of such matters as shall be by me given to them in charge; and here­of, &c.

Given under my hand and seal, &c.

An Indenture of Covenants between Executors.

THis Indenture made, &c. between E. C. of, &c. on the one part, and W. A. of, &c. on the other part. Where­as A.W. Widow, late deceased, Recital of the Bond. by her last Will and Testament in writing, named, ordained and constitu­ted the said E.C. and W.A. to be Executors of the same [Page 504]her last Will and Testament, as by the same Will and Testament, amongst other things, appeareth; Now this Indenture witnesseth, That it is mutually covenanted and agreed by and between the said patties to these presents in manner and form following. And first, the said E. C. doth covenant, &c. That he the said E. To renounce Exe­cutorship. C. shall and will before the end of Michaelmas Term next ensuing the date hereof, if he shall be thereunto required by the said W. A. his Executors or Assigns in due form of Law, and at the costs and charges in the Law of the said W. A. his, &c. refuse and renounce his said Executorship. And the said E. C. doth fur­ther covenant, &c. That neither he the said E. nor his Executors, Not to meddle with the goods. nor Administrators, shall or will intermeddle with the Administration of any part of the Money, Plate, Debts, Credits, and other the Goods and Chattels of the said Testator, without the consent of the said W. A. his, &c. but shall and will from time to time, and at all times hereafter, permit and suffer the said W. A. his, &c. to administer all such moneys, debts, credits, and other the Goods and Chattels of the said Testator, without the let, trouble, interruption or disturbance of the said E. C. his, &c. or of any other person or persons whatsoever, lawfully claiming by, from or under the said E. C. or by his means, privity or procure­ment. And also, that neither he the said E. C. nor his, Not to release a Creditor. &c. shall at any time hereafter make, or cause to be made any release, acquittance or other discharge to any person, for or concerning any of the debts, credits, goods or chattels of the said Testator, nor shall do or suffer, or cause to be done or suffered, any Act or Acts, Thing or Things, in or about the Execution of the said last Will and Testament, without the assent, consent and agreement of the said W. A. his, &c. And the said W. A. in consideration of all and singular the premisses, doth covenant, &c. That he the said W. To save harm­lesse. A. his, &c. shall and will from time to time, and at all times hereafter, defend, discharge, and save harmless the said E. C. his, &c. against all and every person and persons whatsoever, of, for and concerning all and all manner of actions, sutes and demands hereafter to be had, made, or brought against the said E. C. his, &c. for or by reason of the said Executorship, or the said last Will and Testament. And that the said W. A. his, &c. shall and will from time to time, and at all times hereafter, pay and satis­fie [Page 505]unto the said E. C. his, &c. all such costs, char­ges and expences as the said E. C. his, &c. To pay all charges. shall at time hereafter be put unto, for or by reason of any cause, matter or thing, touching or concerning the said Executorship, or the said last Will and Testament of the said A.W. And the said W.A. doth covenant, &c. That he the said W. A. his, &c. To perform the Will. shall and will well and truly fulfill, accomplish and perform the said last Will and Testament of the said A. W. and well and truly con­tent and pay all and every the Legacies, gifts and bequests con­tained and specified in the same last Will and Testament, accord­ing to the Tenor, Purport, and true meaning of the same. In witness, &c.

An Indenture in Consideration of a Marriage in lieu of Joynture.

THis Indenture made, &c. between M. F. of the one part, and I. I. and I. F. of the other part, Witnesseth, That the said M. F. for and in consideration of a Marriage heretofore had and solemnized between the said M. F. and C. his now wife, and for and in full satisfaction and recompence of such Joynture or Dow­er as she the said C. shall have or challenge, out of, or in, or to all or any of the Messuages, Lands, Tenements or Hereditaments of the said M. F. in case the said C. shall survive and over-live the said M. F. And for the continuance, setling and establishing of the said Messuages, Lands, Tenements and Hereditaments hereafter mentioned, in the name, blood and kindred of the said M. F. so long as it shall please Almighty God, and for divers other good causes and considerations him the said M. F. hereunto moving, doth covenant, &c. That he the said M.F. and his heirs, and all and every person and persons, and their heirs now standing, or being seized, or which at any time hereafter shall stand or be seized of, or in all that Capital Messuage, with the Appurtenances, commonly called or known by the name of H. in B. aforesaid, in the said County of S. in the tenure or occupation of the said M. F. or his Assigns, and of and in all and singular the Lands, Tenements, Meadows, Pastures, Feedings, Commons, Woods, Under-woods and Hereditaments whatsoever, with their and every of their Ap­purtenances to the said Capital Messuage or Tenement, belonging [Page 506]or appertaining, or to or with the same at any time heretofore used, occupied or enjoyed, as part, parcel or member thereof, To stand seized. shall and will from henceforth stand and be sei­zed thereof, and of every part and parcel thereof, to the uses, intents and purposes hereafter mentioned; That is to say, to the use and behoof of the said M. F. and C. his wife, and their Assigns, for and during their naturall lives, The Uses. and the life of the longer liver of them, without impeachment of, or for any manner of wast, and from and after the decease of the Survivor of them the said M. and C. then to the use and behoof of the Heirs of the body of the said M. F. and C. lawfully begotten; and for default of such issue, then to the use and behoof of the right heirs of the said M. for ever. And the said M.F. doth further covenant, &c. That he the said M.F. To have power to raise uses. at the time of the sealing and de­livery of these presents, is, and standeth seized of a good, perfect and indefeazible estate in Fee-simple, of and in the said Messuages, Lands, Tenements and Heredita­ments, and of and in every part and parcel thereof, and that he hath lawfull power and authority by these presents, to raise, limit and appoint the aforesaid several Uses and Estates, and that all and singular the premisses, with their and every of their Appurtenan­ces, now are, and so at all times, and from time to time hereafter shall be, remain and continue unto the uses, intents and purposes before, in and by these presents limited, expressed and declared, free and clear, and freely and clearly acquitted and discharged of, Discharged of Incumbrances. and from all and all manner of former and other Bargains, Sales, Gifts, Grants, Leases, Joyntures, Dowers, Wills, Entrails, &c. and of and from all other Titles, Troubles, Charges and Incu­brances whatsoever. In witness, &c.

Words to be used upon the Delivery of Possession.

I Do deliver you possession and seizin of this house, or of this parcel of Land, in the name of all the rest contained in this Deed or Indenture; To hold to you and your heirs and assigns for ever, according to the tenor, form and effect of this present Writing or Indenture.

A Conveyance of Land by three Co-heirs, and their Husbands, well penn'd.

THis Indenture made the Twentieth day of March, in the Tenth year of the Reign of our Soveraign Lord Charles, by the grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c. Between W. S. of B. in the County of B. hus­bandman, and I. his wife, W. M. of L.R. in the Parish of Princes Risborough, in the said County, husbandman, and A. his wife, and F.W. of P.R. aforesaid, in the said County, husbandman, and A. his wife, and E.A. of the Parish of P. R. aforesaid, and S. his wife, on the one part, and I. M. of H. aforesaid, in the said County, husbandman, on the other part Witnesseth, That the said W. S. and I. his wife, W. M. and A. his wife, and F. W. and A. his wife, The Conside­ration. For and in Consideration of the summe of One hundred and ninety pounds of cur­rant money of England, to them the said W. S. and I. his wife, W. M. and A. his wife, F. W. and A. his wife, E. A. and S. his wife, by the said I. M. in hand paid before the ensealing hereof, the receipt whereof the said W.S. &c. do hereby acknow­ledge, and thereof do jovntly and severally exonerate and dis­charge the said I. M. his Heirs, Executors and Administrators, and every of them, for ever by these presents. And for other good causes and considerations them moving, The Grant. have granted, aliened, bargained, sold, enfeoffed and confirmed, and by these presents for them and their heirs, do joyntly and severally Grant, Alien, Bargain, Sell, enfeoffe and confirm unto the said I. M. his heirs and assigns for ever, All that Messuage, Tenement, or dwelling house, with the appurtenan­ces, scituate, lying and being, at or near a place called W. A. in the Parish of B alias B. in the said County of B. wherein the said W.S. now dwelleth, and wherein one W. W. deceased, Father of them the said I. A. and A. did lately dwell and inhabit, and all those five several Closes of Arable Land, Meadow, Pasture and VVood­ground belonging to, or used with the said Messuage, Tenement and dwelling house, lying and being in the Parishes of B. aforesaid, W. and H. or in some or one of them in the County of B. And also all and singular Houses, Edifices, Buildings, Barnes, Stables, Yards, Back-sides, Orchards, Gardens, Lands, Tenements, Mea­dows, [Page 508]Pastures, Feedings, Commons, Common of Pasture, Wayes, Easements, Passages, Profits, Commodities, Advantages, Emolu­ments, Hereditaments and Appurtenances whatsoever, to the said Messuage, Tenement and dwelling house and premisses, or to any of them belonging, or in any wise appertaining, or accepted, repu­ted, taken, known or demised, letten, used, occupied or enjoyed as part, parcel or member thereof. And all other the Lands, Tene­ments and Hereditaments whatsoever of them the said W. S. and I. his wife, W.M. F.W. E.A. and every or either of them, scituate, lying and being in the Parishes of B. W. and H. aforesaid, or in any or either of them. And also all the estate, right, title, interest, use, possession, reversion and reversions, Remainder and Remainders, Rent and Rents, claim and demand whatsoever of them the said W.S. and I. his wife, W.M. F.W. E.A. and every and either of them, of, in and to the said Messuage, Tenement or dwelling­house, Closes, Lands, and all other the premisses, and of, in, and to every part and parcel thereof, with their and every of their Ap­purtenances: And all Writings, Evidences, Deeds, Charters, Fines, Escripts and Minuments whatsoever, concerning the premisses, or any part thereof; And true Copies of all such writings and Evi­dences as do concern the premisses, or any part thereof, with any other Lands, Tenements or Hereditaments which now be in the hands, custody or possession of them the said W.S. W.M. F.W. E.A. or any, or either of them, or which they, or any of them may lawfully get or come by without sute in the Law, the same Copies, and every of them to be copied and written out at the costs of the said I. The Haben­dum. M. his heirs or assigns; To have and to hold the said Messuage, Tenement or dwelling-house, Closes, Lands, and all other the pre­misses, with their appurtenances, unto the said I. M. his heirs and Assigns, To the only proper use and behoof of the said I. M. his heirs and assigns for ever. And the said W.S. W.M. F.W. and E.A. for them and their heirs severally and not joyntly, nor one for the other, the said Messuage or Tenement, Closes, Lands, and all other the premisses, with the appurtenances, unto the said I.M. his heirs, against them the said W.S. W.M. F.W. E. Warranty: A. and every of them, their and every of their heirs and assigns, Shall and will warrant, and here­by do joyntly and severally grant to warrant, and for ever defend by these presents: And further, the said W. S. &c. for themselves severally, and not joyntly, nor one for the other, and for their and [Page 509]every of their several and respective Heirs, Executors and Admi­nistrators, and for every of them, do and doth covenant, promise and grant to and with the said I. M. his heirs and assigns, and to and with every of them by these presents, That they the said W.S. &c. for and notwithstanding any act or thing by them, or any of them, done or suffered to the contrary, now are, or some of them is, and at the time of the first executing an estate of the pre­misses, with the appurtenances, unto the said I.M. shall be lawfully and absolutely seized in their, Seized in Fee. or some of their demeasne, as of Fee-simple to them and their heirs, or to some of them and their heirs, of and in all and every the premisses, with the appurtenances; And that for and notwith­standing any such act or thing by them the said W.S. &c. or by any other of them done or suffered to the contrary, as aforesaid, they the said W.S. &c. now have, or some of them now have or hath, and shall have good right, full power, Power to alien. and lawful authority togrant, bargain, sell and convey the Premisses, with the appurtenances, unto the said I. M. his Heirs and Assigns, according to the intent and meaning of these presents, And that the said Messuage, Tenement or dwelling­house, closes, lands, Freed from Incumbran­ces. and all other the premisses with the appurtenances, now are, and so shall and may for ever hereafter remain, continue and be unto the said I. M. his heirs and assigns, free and freely, and clear and clearly acquitted, exonerated and discharged of and from all and all manner of former and other bargains, sales, gifts, grants, leases, Joyntures, Dowers, Uses, Wills, Intails, Annuities, Statutes Merchant, and of the Staple, Recognizances, Bonds, Judgements, Executions, Extents, Condemnations, Rents, Arrerages of Rents, Intrusions, Forfeitures, Issues, Amerciaments, and of and from all other Estates, Titles, Troubles, Charges and Incumbrances whatsoever had, made, committed, done or suffered by them the said W. S. &c. or by any or either of them, or by their or any or either of their means, assent, consent or procurement, The Rents and Services from henceforth to be due and pay­able, for the premisses, to the chief Lord and Lords of the Fee or Fees of the premisses, for and in respect of their Seig­niorities of the same, only excepted and fore-pri­zed. And that he the said I. M. Quiet enjoying. his heirs and as­signs, and every of them, shall and may for ever hereafter, quietly and peaceably have, hold, occupy, possess and [Page 510]enjoy the said Messuage, Tenement or dwelling house, Closes, Lands and all other the premisses with the appurtenances, with­out the let, suit, trouble, disturbance, denial, molestation, inter­ruption or eviction of them the said W. S. &c. and every and either of them, their and every and either of their heirs and as­signs; And with out the let, sute, molestation, interruption or e­viction of all and every other person or persons whatsoever, law­fully claiming, by, from or under them, or any or either of them, their or any or either of their estate, right or title, And also that they the said W. S. &c. Further assu­rance. their heirs and assigns, and every and either of them shall and will from time to time and at all times hereafter, during the space of seven whole years next ensuing the date hereof, at the requests and costs in Law of him the said I. M. his heirs and assigns, do make, suffer, acknowledge and execute, and cause and procure to be done, made, suffered, acknowledged and executed, all and every such further and other lawful and reasonable act and acts, thing and things, devise and devises, assurance and assurances in the Law whatsoever, for the further, better and more perfect assurance, surety, sure-making and conveying of the said Messuage, Tenement or dwelling house, closes, lands, and all other the pre­misses with the appurtenances unto the said I. M. his heirs and assigns; Be it by Fine, Feoffment, Release, Confirmation with warranty of them the said W.S. &c, their and every or any of their Heirs and Assigns, Recovery or Recoveries, with single or double Voucher or Vouchers, Deed or Deeds, enrolled or not enrol­led, the enrollment of these presents or by all or any the said wayes means, or by any other lawfull or reasonable wayes [...] means in the Law whatsoever without warranty, or with the like warranty as aforesaid, as by him the said I. M. his Heirs and As­signs, or his, their or any of their Councel learned in the Law shall be reasonably devised, or advised and required; All which further or other assurance, by fine or otherwise shall be and enure and hereby are and shall be adjudged, deemed and taken to be a [...] enure, To the onely proper use and behoof of the said I. M. his, &c.

An Indenture of Bargain and Sale of a Messuage and Lands, in conside­ration of a Surrender of a Lease of other Lands, with good Cove­nants.

THis Indenture made, &c. between R. D. of T. in the County of, &c. Whereas the said K. C. now holdeth by Lease for certain years yet to come, one Messuage or Tenement, with the appurtenances thereunto belonging, wherein the said K. C. doth now inhabit and dwell, scituate and being in F. aforesaid, and di­vers Closes, Lands, Meadows, Pastures, Wood-grounds, and He­reditaments thereunto belonging or appertaining, lying and being in F. aforesaid, the Reversion and Inheritance in Fee-simple of which said Messuage, Lands and Premisses now being in, and be­longing unto them the said R. D. and I. P. and their heirs; And whereas the said K. C. hath, and hereby doth Surrender up, grant, bargain, and sell all her right, title, estate, interest, term for years, claim and demand whatsoever of her the said K. C. of, in and to the said Messuage or Tenement, Closes, Lands, Wood-grounds and premisses in the said Lease particularly mentioned and expres­sed, and hath delivered up the said Lease to be Cancelled unto them the said R.D. and I.P. in consideration of which said Sur­render and Grant, made by the said K. C. as aforesaid, the said R. D. hath upon the ensealing hereof paid unto her the said K. C. the sum of 35 pound of currant money of England, the receipt whereof the said K. C. doth hereby acknowledge, and thereof doth acquit him the said R. D. his Heirs, Executors and Admini­strators, and every of them by these presents. And whereas, the said R. D. in further consideration of the said Surrender of the said Lands and Premisses made, as aforesaid, hath agreed to and with the said K. C. that the said R. together with the said I.P. should and would pass and convey unto her the said K. C. her heirs and assigns for ever, All that Tenement or Cottage, with the appurtenances scituate and being in F. wherein the said K. C. doth now inhabit, and all Houses, Edifices, Buildings, Barns, Stables, Yards, Back­fides, Orchards, Gardens, Lands, Tenements, Hereditaments and Appurtenances whatsoever thereunto belonging or appertaining, or now used therewith. Now this Indenture witnesseth, That the said R.D. and I.P. in consideration of the said Surrender of the said Lands and Premisses made by the said K. C. as aforesaid, and in performance of the said agreement made with the said R.D. as afore­said, [Page 512]have bargained, sold, aliened, infeoffed and confirmed, and by these presents, do joyntly and severally grant, bargain, sell, alien, infeoffe and confirm unto the said K. C. her heirs and assigns, All that the said Cottage or Tenement, with the appurtenances, wherein the said K. C. doth now inhabit, scituate and being in F. aforesaid; And all Houses, Edifices, Buildings, Barns, Stables, Yards, Back­sides, Orchards, Gardens, Wayes, Easements, Passages, Profits, Commons, Commodities, Lands, Tenements, Hereditaments and Appurtenances whatsoever thereunto belonging or appertain­ing, and now used therewith, and also all the estate, right, title, interest, claim and demand whatsoever of them the said R.D. and I. P. and either of them, of, in and to the said Cottage or Tene­ment, lands and premisses hereby bargained and sold, or mention­ed or intended to be bargained and sold, and every of them; All which premisses are in the Occupation of the said K. C. or her Assigns: To have and to hold the said Cottage or Tenement, and all other the premisses with their appurtenances, hereby bar­gained and sold, or mentioned to be bargained and sold unto the said K. C. her heirs and assigns, To the only proper use and be­hoof of the said K. C. her heirs and assigns for ever: And the said R. D. for himself, his Heirs, Executors and Administrators, and for every of them by these presents doth covenant and grant to and with the said K. C. her, &c. That they the said R.D. and I. P. for and notwithstanding any act or thing by them or either of them done or suffered to the contrary, now are seized in Fee­simple to them and their heirs of and in the said Cottage or Tene­ment and premisses. And that notwithstanding any such act or thing by them or either of them done or suffered to the contrary as aforesaid, they now have, and at the time of executing an estate of the premisses by force of these presents, shall have good right, and lawful authority to bargain, sell and convey the said Cottage, and premisses with the appurtenances unto the said K.C. her heirs and assigns, according to the intent of these presents: And that the said Cottage, or Tenement and premisses, and every of them now are, and so shall for ever hereafter remain, continue, and be unto the said K. C. her heirs and assigns, freed and discharged from all charges and Incumbrances whatsoever had, made, committed or done by them the said R. D. and I. P. or either of them, or by their or either of their act, means, content or procurement: And that she the said K. C. her Heirs and Assigns, and every of them, shall or may for ever hereafter, quietly and peaceably, have, hold, occupy, possess and enjoy the said Cottage or Tenement, and [Page 513]all other the premisses with the Appurtenances, without the let, suit, trouble, disturbance, denial, molestation, interruption or eviction of them the said R. D. and I. P. and either of them, their and either of their Heirs and Assigns, and of all and every other person and persons whatsoever, lawfully claiming by, from or un­der them or either of them, their or either of their estate, right or title; And also that they the said R. D. and I. P. their Heirs and Assigns, and every of them, shall and will from time to time and at all times during the space of three years next ensuing the date hereof, at the request and costs of the said K. C. her Heirs and Assigns, further do, make, suffer, acknowledge and execute all and every such further and other lawful and reasonable act and thing, for the further, better and more perfect assuring and conveying of the said Cottage or Tenement & Premisses, with the Appurtenances unto her the said K. C. her heirs and assigns; Be it by Fine, Feoff­ment, Release, or otherwise with warranty of them the said R. D. and I. P. and their Heirs, against them their Heirs and Assigns, or without warranty, as by her the said K. C. her Heirs or Assigns, or her, their or any of their Councel learned in the Laws shall be reasonably devised, or advised and required: All which further or other assurances, by fine or otherwise shall be and enure, and shall be adjudged, deemed and taken to be and enure, to the only pro­per use and behoof of her the said K. C. her heirs or assigns, sub­ject to the Proviso hereafter expressed, Viz. Provided alwayes, and upon Condition, That if the said Messuage or Tenement, Lands and Premisses, or any of them herein before mentioned to be Demised to them the said R. D. and I. D. their heirs and assigns, shall at any time hereafter be evicted from them the said R D. and I. P. their heirs or assigns, or any of them, for or by reason of the said Lease made, as aforesaid, by the said A. or by any other claiming under his estate, for or by reason of the said Lease or other, that then immediately upon and after such eviction, this Indenture of Bargain and Sale, and all and every matter and thing herein contained, shall cease and be utterly void to all in­tents and purposes; This Indenture, or any thing herein con­tained to the contrary thereof in any wise not withstanding. In witness whereof, &c.

A Lease of Lands, with exceptions of Woods, well penn'd.

THis Indenture made, &c. between T. L. of, &c. of the one part, and R. L. of, &c. on the other part, witnesseth, That the said T. L. for and in consideration of the yearly Rent and Co­venants hereby reserved, and for other good causes and considerations him moving: The Demise. Hath demised, set, and to farm-letten, and by these presents doth demise, set, and to farm-let unto the said R. L. his Executors and Assigns, All those Closes and Grounds called or known by the name or names of M. and B. late in the tenure of I. B. his Assignee or Assignees, lying and being in P. aforesaid (except all Woods, Under-woods, Timber and Trees, growing or to be growing on the premisses, or any of them, with free liberty of ingress, egress, and regress, to and for the said T. L. his Heirs, Executors and Assigns, and every of them, at all times to fell, sell, cut down and carry away all or any the said woods, Timber and Trees, at his and their free-wills and pleasures) and also except all that Coppice or wood-ground, lying and being in P. aforesaid, now in the occu­pation of the said T. L. and all Woods and Under-woods, grow­ing or to be growing on the said Copice of wood-ground, with free liberty and power to and for him the said R. L. his Executors and Assigns, from time to time, during the term hereby demised to fell, sell, or otherwise dispose of the same at his and their free-wills and pleasures, without impeachment of wast (except and alwayes reserved unto the said T. L. his Heirs, Executors and Assigns, all hedges, and all such trees as grow in any the hedges, about the said Copice, or within one foot of any the hedges about the same) and all Wayes, Easements, Passages, Profits. Commons and Commo­dities, to the said Closes and Premisses, or any of them belonging or appertaining, (except before excepted) To have and to hold the said Closes, Habendum. Copice or grove, and all other the premisses, with their and every of their appurtenances (except before excepted) unto the said R. L. his Executors, Administrators and Assigns, from the Feast of St. Michael the Arch-Angel next ensuing the date hereof, for the term of fifteen years from thence next ensuing, fully to be compleat and ended. Reddendum. Yielding and paying therefore to the said T. L. his heirs, executors and assigns, at the Feast of, &c. the Rent and sum of 13 pound of currant money of England, [Page 515]and one couple of good fat Capons. And also yielding and pay­ing at the Feast of St. &c. the [...]ent or sum of 15 pounds and 9 shil­lings of currant money of England, and also from and after the Feast of St. &c. Yielding and paying yearly, and every year during the said term, the sum of 30 pounds and 18 shillings of currant money of England, at the Feasts of, &c. by even and equal portions, and one couple of good fat Capons yearly, and every year, or five shil­lings in lieu thereof at the Election of the said T. L. his Heirs, Exe­cutors and Assigns at the Font-stone in the Inner- Temple Church, London. And if it shall happen the said yearly Rent or sums of money, or any of them, The Distress. to be behind and unpaid, next after any or either of the said Feasts or dayes of payment, whereon the same ought to be paid as aforesaid, that then at all times it shall and may be lawful to and for the [...]aid T. L. his heirs, executors and assigns, and every of them to enter into, and upon all and every, or any the demised premisses, and to distrain for the same, and the arrerages thereof, if any happen to be, and the distress and distresses there had and taken, to lead, drive, take, and carry away, and the same with him and them to detain and keep untill the said yearly Rents and every of them, and the arrerages thereof, if any happen to be unto the said T. L. his Heirs, Executors and Assigns shall be contented and paid. Provided alwayes, and upon condition, Proviso to re­enter for non­payment of rent. That if the said yearly Rents hereby reserved, or any of them shall be behind and unpaid by the space of thirty dayes next after any or either of the said Feasts or dayes of payment, whereon the same ought to be paid as aforesaid; That then and at all times from thenceforth it shall and may be lawful to and for the said T. L. his Heirs, Executors and Assigns, and every of them into and upon all and every the Demised premisses to re-enter, and the same to have again, retain, re-possess and enjoy as in his and their first and former estate and right, this Indenture or any thing therein contained to the contrary thereof in any wise notwithstanding. And the said R. L for himself, his heirs, executors and administrators, and for every of them, doth Cove­nant and Grant to and with the said T. L. his Heirs, Executors and Assigns, and every of them by these presents, that he said R. L. his Executors and Assigns at any time, or in any year du­ring the said term, shall not, Not to cross-crop. not will Cross-crop the demised premisses, or any part thereof; And also that he the said R. L. shall and will yearly, during the said term in Husband-like manner lay on and bestow upon the [Page 516]premisses, or some part thereof, as much Compost and Dung as the Stover and Fodder growing on the premisses, will or may make, To pay Duties. and also shall and will, during the said term, bear, pay and discharge all manner of payments and Duties whatsoever, that shall or may any ways grow due or payable, for or by reason of the Demised Premisses, or any of them to the Kingdom or otherwise, and thereof, and therefrom shall and will acquit and discharge the said T. L. his Heirs, Execu­tors and Assigns; And also that he the said R. L. his Executors and Assigns, from time to time, and at all times during the said term, The Repair. shall and will well and sufficiently make, amend, keep, cleanse and scour all and every the hedges, ditches, pales, gates, stiles, fences and mounds, upon and about the Demised premisses, and every of them, and the same being well and sufficiently made, amended, kept, cleansed and scoured in the end, or other sooner determination of the term here­by Demised, shall and will leave and yield up unto the said T. L. his Executors and Assigns; Not to assign with­out License. And also shall not, nor will Demise, grant, as­sign, or let the premisses, or any part or parcel thereof, or depart with his estate therein, to any person or persons whatsoever, without the License and consent of the said T. L. his Heirs, Executors and Assigns, under his or their hands in writing, therefore had and obtained: And also shall and will pay all and every the yearly Rents and Sums of money hereby reserved, ac­cording to the Reservations aforesaid: And the said T. L. for him, The Lessee to enjoy performing Cove­nants. his Heirs, Executors and Assigns, and every of them, doth Cove­nant and grant to and with the said R. L. his Executors and Assigns by these presents, That he the said R. L. by and under the Rents, Covenants and Agree­ments herein contained, and on his and their parts to be paid, done and performed, shall and may during the said term, quietly and peaceably have, hold, occupy and enjoy all and every the Demi­sed premisses (except before excepted) without the let, sute, trou­ble, molestation, interruption or Eviction of him the said T. L. his Heirs, Executors and Assigns, and of all and every other per­son and persons whatsoever, lawfully claiming by, from or under him the said T. L. his Estate or Title. In witness whereof, &c.

An Assignment of a Lease, forfeited upon a Mortgage.

THis Indenture made, &c. between I. S. of P. and G. E. &c. on the one part, and T. L. of, &c. on the other part. Whereas the said I. S. by his Indenture of Lease, Reciting of the Lease. bearing date the 24th of May, in the Twelfth year of the Reign of our said Soveraign Lord that now is, for the Consideration therein expressed, did Demise and grant un­to the said G. E. all those parcels of Land, arable, Pasture and wood-ground, lying and being in E. in the County of M. here­after particularly mentioned; (That is to say) one parcel of Arable, containing by estimation 4. Acres, &c. together with free liberty of ingress, egress, and regress, way and passage into, and from the same several Lands and Premisses, and every of them; And also all other the lands, tenements & hereditamants whatsoever of him the said I. S. in E. aforesaid, and to him the said I. S. and his heirs, bargained & sold by M. F. widow, by Indenture dated the, &c. and inrolled in his Majesties Court of Chancery, and the Reversion and Reversions, Remainder & Remainders of all and every the Demised premisses, and every of them, and all Pastures, Feedings, Commons, Woods, Under-woods, Wayes, Water-Courses, Easements, Commodities, Advantages and appurtenances thereunto belonging or appertain­ing, and all Writings, Deeds and Evidences concerning the said premisses, or any of them: To have and to hold the said several pieces and parcels of Land, Arable, Pasture, and Wood-ground, and all other the premisses, with their and every of their appurte­nances unto the said G. E. and his assigns, from the day of the date of the said recited Indenture of Lease, unto the full end and term of two hundred years from thence next ensuing, and fully to be compleat and ended, without Impeachment of any manner of waste, by and under the yearly Rent of one Pepper-Corn if it were demanded, with Conditions therein contained, that if the said I. S. his Heirs, Executors, Administrators and Assigns, should pay unto him the said G. E. his Executors or Assigns, the Sum of 100 pound of currant money of England, on, &c. according to the Condi­tion of a Surrender of certain Copy-hold-Lands, dated the day of, &c. that then from thenceforth thesaid recited Lease to be [...]oid, as by the said recited Inden­ture of Lease it doth and may appear. That the premisses were forfeited. And whereas the said I. S. did not, nor hath paid the said moneys according to the said Proviso and [Page 518]Condition, by reason whereof the said Lands and Premisses are ab­solutely come unto and vested in him the said G. E. for all the rest and residue of the said term of 200 years by the foresaid Lease, Demised and granted as aforesaid. Now this Indenture witnesseth, That the said G. E. at the request, and by the appointment of the said I. S. and for and in consideration of the Sum of 100 pound of currant money of England to him in hand paid by the said T. L. and the said I. S. for and in consideration of the Summe of 100. pound of currant money to him by the said T. L. in hand paid by the said T. L. the receipts of which several Sums of money they the said G. E. and I. S. do hereby severally acknowledge, and thereof do severally acquit and discharge the said T. L. his Heirs, Executors, Administrators and Assigns, and every of them for ever by these presents, The Assignment. Have Demi­sed, granted, bargained, sold, assigned and con­firmed, and by these presents do joyntly and severally Demise, grant, bargain, sell, assign and confirm unto the said T. L. his Exe­cutors and Assigns, all those the foresaid several parcels of Land, Pasture, and Wood-ground, lately stocked up, and premisses, with their appurtenances in the said recited Indenture of Lease men­tioned and expressed, and all their, and either of their estate, right, title, interest, term for years, claim and demand whatsoever of them the said G. E. and I. S. therein and thereunto, to­gether with the said recited Indenture of Lease: The Habendum. To have and to hold all and every the said seve­ral pieces and parcels of Land, Pasture, and Wood-ground, with their appurtenances unto the said T. L. his Executors, Administra­tors and Assigns, for and during all the rest and residue of the said term, and now to come and unexpired, in as full and ample man­ner, to all intents and purposes, as they the said G. E. and J. S. or either of them, may or might hold or enjoy the same, by ver­tue of the said recited Indenture of Lease, or otherwise howsoever; A Covenant to enjoy the remainder of the term. And the said G. E. for himself, his, &c. doth Covenant and grant, &c. that he the said T. L. his Executors and As­signs, shall and may at all times during the said term or residue of the said term and number of years now to come and unexpired, quietly and peaceably, have, hold, occupy and enjoy all and every the said parcels of Land, Pasture and Wood-ground with their appurtenances, without the let, suit, trou­ble, Expulsion or Eviction of him the said G. E. his Executors and Assigns, and of all and every other person and persons what­soever, [Page 519]lawfully claiming by, from or under him the said G. E. his estate or title, and absolutely freed and discharged from all charges and incumbrances whatsoever, done or suffered by him the said G. E. or by his means, act or procurement. And the said J. S. for himself, his, &c. A Covenant if the num­ber of Acres be wanting, so much money to be re­paid. ut supra. That in case the said Lands, wood-grounds and premisses hereby mentioned to be assigned, together with other par­cels of Copy-hold Lands of the said J. S. lying in E. aforesaid, and by him the said J. S. sold to him the said T. L. and his heirs, shall fall out and appear to be under the quan­tity of 24 Acres, at which quantity the same is now sold, and esti­mated unto him the said T. L. That then he the said J. S. his Exe­cutors and Assigns, shall pay and allow unto him the said T. L. so much moneys, and after the rate of 12 pound for every acre, and after that rate for a greater or lesser quantity, than one acre that shall want of the said quantity and number of 24. acres. And also that he the said T. L. his, &c. To enjoy against the Mortgagor. shall and may quietly and peaceably have, hold, pos­sess and enjoy all and every the said Lands and premisses, with their appurtenances, without the let, sute, trouble, disturbance, molestation, interruption or eviction of him the said J. S. his Heirs, Executors and Assigns, and of all and every other person and persons whatsoever, lawfully claiming by, from or un­der him the said J. S. his estate or title, and absolutely freed and discharged from all fines, issues, amerciaments, forfeitures, and all and all manner of charges and Incumbrances whatsoever made, done or suffered by him the said I. S. or by his act, means, neglect or procurement, the foresaid recited Indenture of Lease made to the said G. E. only excepted, &c.

A Lease for three Lives of a Messuage and Lands unto those that sold the same, it being so agreed upon sale thereof. Well pe [...]d.

THis Indenture made, &c. between J. B. of, &c. on the one part, and J L. of, &c. and E. his wife, and J. L. his Sonne, on the other part. Whereas the said J. L. and E. his wife, Recital of the Lessies sale, with agreement that the Less [...] should make a lease. by their Indenture of bargain and sale, dated the second day of October last past, for the Consideration therein expressed, and by other assurance in Law, [Page 520]have sold and conveyed unto the said J. B. his heirs and assigns for ever, all that Messuage or Tenement, with the appurtenances, wherein the said J. L. then did and now doth inhabit, scituate and being in L. M. aforesaid, and all those the Lands hereafter particu­larly mentioned and expressed, as by the said recited Indenture of bargain and sale amongst other things therein contained, it doth and may appear: And whereas it was agreed between the said J. B. and the said J. L. at the time of executing the said Convey­ance, as in part of the bargain for the said Messuage and Lands, that the said I. B. shall make a Lease of the said Messuages and Lands unto the said I. L. E. his wife, and the said I. his son, for their lives successively, at the yearly Rent of 4. pounds per annum. The Consi­deration. Now this Indenture witnesseth, That the said I. B. being about the age of 28. years, as well in performance of the said agreement on his part made aforesaid, and of the yearly Rent hereby reserved, and for other good causes and considerations him moving, Hath demised, The Demise. set, and to farm-letten, and by these pre­sents doth Demise, set, and to farm-let, unto the said J. L. E. his wise, and the said I. all that the foresaid Messuage or Te­nement with the appurtenances, wherein the said I. L. doth now inhabit and dwell, scituate and being in L. M. aforesaid, and all those the Lands hereafter particularly mentioned, (viz.) one half acre of Land, &c. mentioning the particulars, &c. Together with all Houses, Edifices, Buildings, Barnes, Stables, Yards, Back-side [...], Orchards, Gardens, Commons, Commodities, Wayes, Easements, Emoluments, Hereditaments and Appurtenances whatsoever to the said Messuage or Tenement, and Premisses, or any of them be­longing, or in any wise appertaining, and now used therewith (ex­cept all Woods, Timber and Trees, growing or to be growing on the premisses: And also except all those four Cottages or Tene­ments, heretofore built on part of the Orchard, belonging to the said Messuage or Tenement hereby demised, now being in the se­veral tenures or occupations of R. E. T F. W. R. and L. D. their Assignee or Assignees) To have and to hold the said Messuage or Tenement, The Habendum. and all other the pre­misses, with their appurtenances, (except before excepted) unto the said I. L. E. his wife, and I. L. for and during the term of their natural lives, and the life of the lon­ger liver of them, The Reddendum. successively one after another as they are herein named; Yielding and paying [Page 521]therefore yearly, and every year during the said term hereby demi­sed unto the said I. B. his heirs and assigns, the yearly Rent or Sum of 4. pounds of currant money of England, at two Feasts or Terms in the year most usual, viz. the Feast of, &c. to be paid at, &c. the first payment thereof at the Feast of the Annuntiation of, &c. next ensuing: The Distresse. And if it happen the said yearly Rent, or any part thereof to be behind and unpaid by the space of eight dayes next after any or either of the said Feasts or dayes of payment, whereon the same ought to be paid as aforesaid; That then it shall and may be lawful to and for the said I. B. his heirs and assigns, and every of them to enter into and upon the said Messuage and Premisses, and every or any of them, and to distrain for the same, and the distress and distresses there had and taken, to lead, drive, take and carry away, and the same with him and them to detain and keep untill the said yearly Rent and the arrerages thereof, if any happen to be unto the said I. B. his heirs and assigns, shall be contented and paid. And the said I. L. E. his wife, Covenant to repair. and the said I. L. for themselves joyntly, and se­verally, and for every and either of them, their, eve­ry and either of their several and respective Executors, Administra­tors and Assigns, and every of them, do and doth covenant and grant to, &c. That they the said I. L. E. his wife, and I. L. their several Executors, Administrators and Assigns, and every of them at their own proper costs and charges, in and by all things, shall and will well and sufficiently repair, maintain, uphold, keep, cleanse and scour all and every the Houses, Buildings and Edifices hereby demised, and now built upon the premisses, and belonging to the same, and which at any time hereafter, during the term here­by demised, shall be erected and built upon the demised premisses, or any part thereof, and the hedges, ditches, fences, pales and mounds, upon and about the demised premisses, and every of them well and sufficiently, shall make, keep, cleanse and scoure, and the said Messuage or Tenement, Houses and Buildings which are, or at any time hereafter during the term hereby demised, shall be erected or built in or upon the same, or any part thereof, being so well and sufficiently repaired, maintained, upholden, kept, clean­sed and scoured in the end, or other determination of the said term hereby demised, shall and will leave and yield up unto the said I. B. To view the defaults of reparations. his heirs and as­signs; And also that they the said I. L. and E. his wife, and the said I. L. and every of [Page 522]them, and their and every of their assigns, shall and will permit and suffer him the said I.B. his heirs and assigns, together with three or four or fewer Workmen, or other persons at their or any of their wills and pleasures, being at convenient times, twice every year quietly to enter in or upon the said Messuage or Tenement, and all other the Demised premisses, to view and search whether the same be well and sufficiently repaired or not; And of all and every the Default and Defaults for want of Reparations then and there found, To repair upon notice. to give or leave notice in Writing at the said Messuage or Tenement unto or for the said I. L. and E. his wife, and the said I. L. to repair and amend the same from time to time during the terms hereby demised, alwayes within the space of six months next after every such notice in Writing so given or left as aforesaid. Not to demise without license. And also that neither they the said I. L. & E. his wise, nor the said I. L. nor any, nor either of them shall not at any time or times hereafter grant, bargain, sell, assign or set over, demise, let, or de­part with the said Messuage and Premisses, or any part or parcell thereof, or his, her, or their, or any of their right, title, interest, or estate in or to the Premisses or any of them, without the speciall license and consent of the said I.B. his heirs and assigns, under his or their hand in Writing therefore first had and obtained. Proviso upon non­payment or non­reparation, to re­enter. Provided alwayes, and it is Condi­tioned by and between the Parties to these pre­sents, That if it shall happen the said yearly Rent, or any part thereof to be behind and unpaid by the space of twenty eight dayes next after any or either of the Feasts or dayes of payment before men­tioned or set down for payment thereof, contrary to the form aforesaid, the same being lawfully demanded; or if all and every the said Default and Defaults for want of Reparations, of or in the premisses, or any of them, at the time of such view or search as is aforesaid, shall be found, and whereof Notice in Writing shall be given or left to repair and amend the same, in manner and form aforesaid, shall not from time to time be well and sufficiently repaired and amended alwayes within the space of six months af­ter every such Notice given or left in Writing as aforesaid, That then, and at all times after in every the Cases as aforesaid, it shall and may be lawful to and for the said I.B. his heirs and assigns, and every of them into and upon the said Messuage or Tenement, Lands and Premisses, and every of them to re-enter, and the same [Page 523]to have again, retain, repossess and enjoy, as in his and their first and former estate; This Indenture, or any thing herein contained to the contrary thereof in any wise notwithstanding. And the said I. B. for him, his heirs and assigns, and for every of them, doth Covenant, &c. by these presents, The Lessee to en­joy performing Covenants. That they the said I. L. & E. his wife, and the said I.L. by and under the yearly Rent, Covenants and Conditions in and by these presents reserved, and on their parts severally to be paid, done & performed according to the intent of these presents, shall or may peacably and quietly have, hold, possess and enjoy the said Messuage or Tenement, Lands, and all other the premisses, with their appurtenances, without the let, sute, trouble, disturbance, denial, molestation, interruption or eviction of him the said I. B. his heirs and assigns, and of all and every other person and persons whatsoever, lawfully claiming by, from or under him the said I. B. his heirs or assigns, or his, their, or any of their estate, right or title. In witnesse whereof, &c.

An Indenture reciting a Bargain and Sale of the Moiety of a Mannor, &c. in trust for the use of another, the same is hereby re-conveyed to the person trusting.

THis Indenture made, &c. Between Sir W. B. of, &c. on the one part, brother and heir to H.B. Esq deceased, and W. E. of H. &c. on the other part. Whereas Sir I. W. of, &c. and I. F. of, &c. by their Indenture bearing date the second day of, &c. in the Twelfth year of, &c. did alien, bargain and sell unto the said H.B. and E. P. of, &c. all that Messuage or Tenement with the appurtenances, scituate and being in L. aforesaid, in the County of, &c. all those, &c. And also Common of Pasture, and Feed­ing for such and so many horses, beasts, sheep, and other Cattel to be had and taken in and upon the Common Fields, Meadows, Pastures and Common places in L. aforesaid, at such times and seasons of the year, and in such manner and form, as the Tenants and Occupiers of the said premisses have before this time used to have and take the same, and also all and singular Houses, Edifices, &c. and also the Reversion and Reversions of all and singular the said premisses, and the yearly Rents thereupon reserved; To have and to hold the one Moiety and half-part of all the said Messuage or Tenement, and of the said four Yard-lands of Arable Land, Meadow and Pasture, and of all and singular other the said pre­misses [Page 524]whatsoever, with the appurtenances in and by the said reci­ted Indenture bargained and sold, and of every part and parcel thereof to the said H. B. his heirs and assigns, to the only use and behoof of him the said H.B. his heirs and assigns for ever; Which said Grant, Bargain and Sale, for and concerning the said Moiety, of all and singular the premisses before mentioned to be by the said recited Indenture, granted, bargained and sold unto the said H. B. as aforesaid, was had and made to and in the name of the said H. B. by the nomination and appointment of the said W. E. and in trust to the use of the said W.E. his heirs and assigns. Now this Indenture further witnesseth, That the said Sir W. B. according to the said trust, and at the request and desire of the said W.E. and for divers other good causes and considerations, him thereunto moving, Hath aliened, bargained, sold, enfeoffed and confirmed, and by these presents doth alien, bargain, sell, enfeoffe and confirm unto the said W. E. his Heirs and Assigns, All that the said moiety and half part of all the said Messuages, and of the said Four Yard-lands of Arable Land, Meadow and Pasture, with the Appurtenances, and every part and parcel thereof and all other the premisses whatsoever, in and by the said recited Indenture, bargained and sold unto the said H. B. or to his use as aforesaid, and also the Reversion and Reversions of all and singular the Moiety and half part o [...] all and singular the said premisses, and every part thereof, and the yearly Rents thereupon reserved due and payable; To have and to hold the said Moiety and half part of all the said Messuage or Tenement, and of the said Four yard-Lands of arable Land, Meadow and Pasture with their Appurte­nances, and the Reversion and Reversions, before specified in and by the said recited Indenture, bargained and sold to or for the use of the said H. B. as aforesaid unto the said W. E. his heirs and assigns to the only use and behalf of the said W. E. his heirs and assigns for ever: And the said Sir H B. for himself, his Heirs, Executors and Administrators, and for every of them, doth Cove­nant and grant to and with the said W. E. his, &c. That he the said Sir H. B. for and notwithstanding any act or thing whatsoever by him done or suffered to the contrary, now is, and at the time of the ensealing hereof, & of the first executing an estate by force of these presents, shall be lawfully seized in his Demeas [...], as of Fee-sim: le to him and his heirs, of and in the Moiety, and one half of the said Messuage or Tenement and premisses whatsoever, with the Ap­purtenances in and by the said recited Indenture, bargained and sold unto the said H. B. to his use as aforesaid, and that he the said [Page 525]Sir H.B. for and notwithstanding any act or thing by him done or suffered to the contrary as aforesaid, now hath, and then shall have good right, full power, and lawful authority to bargain, sell and convey the said Moiety of the said Messuage or Tenement and Premisses, with the Appurtenances in the said recited Indenture, bargained and sold unto him the said H. B. as aforesaid, unto the said W. E. his heirs and assigns, according to the intent of these presents: And that he the said W.E. his heirs and assigns, shall or may for ever hereafter peaceably and quietly have, hold, occupy, possess and enjoy the said moiety of the said Messuage or Tene­ment and Premisses, with the Appurtenances in the said recited Indenture mentioned to be conveyed to the said H. B. or to his use as aforesaid, without the let, sute, trouble, molestation, inter­ruption or eviction of him the said Sir H. B. his heirs or assigns, or of any other person or persons whatsoever, lawfully claiming by, from or under him, his estate or title; L. Cum Coven. pro utter. As­sur. & Litterdel. Attorney, &c. In witness whereof, &c.

A Covenant to deliver Evidences by such a time.

ANd the said G. A. for him, &c. That he the said G. A. his Heirs, Executors or Administrators, or some of them shall and will before the first day of March, next ensuing the date hereof, de­liver, or cause to be delivered unto the said A. Lady D. and Sir J. D. or to one of them, all such Deeds, Charters, Evidences, Court-Rolls, Exemplifications of Records, Transcripts of Fines, Terriers, Escripts, Writings and Minuments, concerning only the premisses, or only any part or parcel thereof, as now be in the possession, custody or keeping of the said G. A. or of any other person or per­sons by his delivery, or to his use, or which he may obtain, get, or come by without suit in Law, whole, uncancelled, safe, and unde­faced, or in as good plight as the same now are and be, and also true Copies of all such other Deeds, Charters, Evidences and Wri­tings, as the said G.A. hath, touching and concerning the said Lands and Premisses, or any part thereof, joyntly, or together with any other Lands, &c. of the said G. A. the said A. Lady D. and Sir J.D. and their heirs, or some or one of them, paying or bearing the charge of making and writing the same Copies, &c.

A Declaration of a Fine and Recovery to variety of uses; well penn'd.

THis Indenture made, &c. Between the Right Honourable T. Lord W. of the one part, and the Right Honourable W. Lord P. Sir M. F. of, &c. on the other part. Whereas the said M. B. and W. D. in the term of E. in the eleventh year of the Reign of our said Soveraign Lord King James, Recital of the Recovery. of England, &c. by Writ of Entry, Sur Disseisin in le post, did recover against the said T. Lord W. all those the Mannors of M. alias M. A. L. A. R. and N. with the ap­purtenances, and of 30. Messuages, 30. Tofts, 6. Water-mills, 6. Dove-houses, 30. Gardens, 1000 acres of Land, 200 acres of Meadow, 300 acres of Pasture, 2000 acres of wood, 300 acres of Furze and Heath, 10 pounds Rent, free warren and view of Frank­pledge, with the appurtenances in M. alias M. A. N. and S. and also the Advowson of the Churches of M. alias M and A. as in and by the said Recovery remaining of Record in his Majesties said Court of Common-Pleas at Westminster, to which, Relation be­ing had, more at large appeareth. And whereas in the Term of the Holy Trnity last past be­fore the date hereof (that is to say) a Die sce. Of the Time. Trinitatis in tres septimanas, in the said term in the Court of our So­veraign Lord the Kings Majesty before his Justices at Westminster, a Fine, Sur Cognizance de droit come ceo, &c. with Proclamations ac­cording to the form of the Statute, in such case made and Provided, was levied between the said W. R. and W. D. Plaintiffs, and the said T. Lord W. Deforceant of the Mannors of T. alias T. and B. alias B. with the appurtenances in the County of W. and W. and of all that Grange or Capital Messuage, called H. house, and of all the Messuages, Lands, Tenements, Rents, Reversions, Ser­vices and Hereditaments whatsoever, to the said Mannors and Grange, or any of them belonging or appertaining; or reputed to belong or appertain, or as part or parcel, or member of them or any of them, or accepted, reputed, taken, demised, used, occu­pied or enjoyed as part thereof in the said Counties of W. and W. and of all other the Messuages, Lands, Tenements, Rectories, Tithes and Hereditaments, with the appurtenances of the said T. Lord W. in the said Counties of W. and W. by the names of the [Page 527]Mannors of T. alias T. and B. alias B. with the appurtenances, and of 40. Messuages, 20 Tofts, 4. Water-Mills, 4. Dove-houses, 40. Gardens, 1000 acres of Land, 600. acres of Meadow, 1000. acres of Pasture, 400. acres of Wood, 400 acres of Furze and Heath, 20 acres of Marsh, and twenty shillings Rent, with the appurtenances in T. alias T. Alne-Church, B alias B. F. and Beo­leyl, and also of the Rectories of T. alias T. and B. alias B. with the appurtenances, and all and all manner of tithes of Corn and Hay, growing, coming or renewing in T. alias T. and B. alias B. and of the Advowson of the Vicaridge of the Church of T. alias T. in the County of W. and of the Mannors of T. alias T. and B. alias B. with the appurtenances, and 4 Messuages, and one Dove-house, 4 Gardens, 300 acres of Land, 600 acres of Meadow, 300 acres of Pasture, 200 acres of wood, and 30 acres of Marsh, with the appurtenances in T. alias T. Aln-Church, and B. alias B. and also of the Rectory of T. alias T. and B. alias B. with the appurtenan­ces, and of all and all manner of tythes of common Hay, growing, coming and renewing in T. alias T. and B. alias B. and of the Advowson of the Vicaridge of the Church of T. alias T. in the County of W. as by the said Fine remaining of Record, in his Ma­jesties said Court of Common Pleas at W. to which Relation be­ing had, more fully and at large appeareth. Now this Indenture witnesses, The intent of the parties. That the true intent and meaning of the said T. Lord W. and of the said Recoverers, and parties to the said Recovery, and also of the said Cognizees of the said Fine, and parties to the same Fine, and of all and every of the parties to these presents, before and at the several and respective time and times of the suffering of the said Recovery and Acknowledgments, and levying of the said Fine, for touching or concerning the said Mannors, Lordships, Lands, Tenements, Hereditaments and premisses, whereof the said Recovery and Fine were severally and respectively suffered, levied and had as aforesaid, alwayes was, and yet is, that as well the said Recovery, as the said Fine, and all and every Fine and Fines, Recovery and Recoveries, and other Acts and Assurances of the said Mannors, Messuages, Lands, Tenements, Rents, Recto­ries, Tythes, Advowsons, Hereditaments and Premisses, or of any of them, with the appurtenances at any time heretofore suffered, levied, executed or had, wherein or whereunto the said T. Lord W. was or is any wayes a party, and all and every the executions of the same, and every of them, should and shall be and enure, and [Page 528]be construed, adjudged, deemed and taken to be and enure; And were and hereby are Covenanted, granted, concluded, agreed and declared to be and enure, to the uses, purposes and intents, and under the Provisions, Conditions and Limitations, hereafter in these presents expressed, limited and declared, and that the said Recoverers, and either of them, and all the parties to the same Recovery, and the Parties takers thereby, and their heirs, and all other person and persons, and his and their heirs, who then were, and now are, or hereafter shall be seized of the said Mannors, Lands, Tenements, Hereditaments and Premisses, with their Ap­purtenances comprized in the said Recovery, should, and shall stand and be seized of the same Mannors, Lands, Tenements, He­reditaments and Premisses comprized in the said Recovery, and every parcel thereof, with the Appurtenances to the same uses, pur­poses and intents hereafter expressed; And that the said Cogni­zees of the said Fine, and either of them, and all the parties to the same Fine, and the takers thereby, and the heirs of them, and every of them, and all and every other person and persons, and his and their heirs, who at the time of the levying of the said Fine then were, or now are, or hereafter shall be seized of the foresaid Mannors, Lands, Tenements, Hereditaments and premisses, with the Appurtenances, Comprized in the said Fine, and every of them, should, and shall stand and be seized of the same Mannors, Lands, Tenements, Hereditaments and premisses, Comprized in the said Fine, and every parcel thereof, with the Appurtenances to the uses, purposes and intents hereafter in these presents expressed and de­clared, (that is to say,) for, touching and concerning all that the foresaid Capital Messuage or House, called H. house, scituate and being within the said Mannor of T. in the said Counties of W. and W. with the Orchards, Gardens, Barns, Stables, Hop-yards there­unto belonging: And also as for touching or concerning the said several Lands, Tenements and Hereditaments next hereafter men­tioned, and in the said several Recoveries comprized, (that is to say) two Meadows called H. Meadows, containing by estima­tion 60 acres more or less, one Pasture called C. containing by estimation 40 acres, one Wood called B. containing 16 acres, &c. parcel of the said Mannors, Lands, Tenements, Hereditaments and Premisses in the said Counties of W. and W. To the only use and behoof of the said T. Lord W. and his Assigns, The Uses. for and during the term of his natural life without Impeachment of or for any wast, and with full power to [Page 529]commit waste, and from and after the decease of the said T. Lord W. then to the use and behoof of the Lady K. now wife of the said T. Lord W. for and during the term of her natural life for her Joynture, and in lieu, and full recompence of her Dower, out of all the Mannors, Lands, Tenements and Hereditaments, whereof the said T. Lord W. now is, or hereafter shall be seized: And for and touching all the residue of all the said Mannors, Lands, Tene­ments, Hereditaments and Premisses, with their Appurtenances in the said Counties of W. and W. And for touching and concern­ing all the said Mannors, Lands, Tenements, Hereditaments and Premisses in the said County of G. to the only use and behoof of the said T. Lord W. and his Assigns, for and during the term of his natural life, without Impeachment of or for any manner of waste; and for touching and concerning the immediate Remainder of the said Capital Messuage called H. house, and of all the said lands, tenements and premisses before particularly mentioned, or meant to be limited to the use of the said Lady K. for her Joyn­ture as aforesaid, immediately from and after the decease of the said T. Lord W. and of the said Lady K. and of the longer liver of them, and the immediate Remainder of all the residue of the said Mannors, Lands, Tenements, Hereditaments and Premisses in the said Counties of W. and W. (whereof there is no use, before limited or declared to the said Lady K. for her Joynture:) And for touching and concerning the immediate Remainder of all the said Mannors, Lands, Tenements, Hereditaments and Premisses in the said County of G. immediately from and after the decease of the said T. Lord W. to such uses, purposes and intents, and under such Provisions, Conditions and limitations, as hereafter in these presents are specified, expressed, limited and declared, and to none other use, intent or purpose whatsoever, that is to say, To the use and behoof of the said Right Honourable W. Lord P. N. F. &c. their Executors, Administrators and Assigns, for and during the term and space of, &c. years to commence and begin, as hereafter fol­loweth, that is to say, for touching and concerning the said Mes­suages Lands, Hereditaments and premisses before limited to the use of the said Lady K. for her Joynture, (parcel of the said Man­nors, Lands, Tenements and Hereditaments comprized in the said Fine) to begin-immediately from and after the decease of the longest liver of them the said T. Lord W. and of the said Lady K. and for touching and concerning all the rest and residue of the said Mannors, Lands, Tenements, Hereditaments and premisses, as [Page 530]well in the said Counties of W. and W. as in the said County of G. for and during the term and space of [...] years, to commence immediately from and after the decease of the said T. Lord W. for and to the intent and purpose that the said W. Lord P. N. E. &c. their Executors, Administrators and Assigns, shall and may receive, For payment of debts and other charges. perceive, dispose and imploy the Rents, Revenues, Issues and Profits of all the said Mannors, Lands, Tenements, Hereditaments and Premisses respectively for and during the said term or terms of [...] years, for and towards the payment and satisfa­ction of all such Debts and Sums of money which the said T. Lord W. doth now owe, or hereafter shall borrow or owe; or for which any person or persons doth, or hereafter shall stand engaged for or with the said Lord W. and for his proper debt, and for the pay­ment of such Annuities, Rent or Rents, and securing such Leases as the said T. Lord W. hath granted, or hereafter shall grant or men­tion, or limit to be issuing or going out of the said Mannors, Lands, Tenements, Hereditaments and Premisses, or out of any of them, or out of any parcel of them, or any of them to any per­son or persons which is, or are, or have been, or hereafter shall be the servant or servants of the said T. Lord W. for or in regard, or in respect of his or their service or services, done or to be done to the said T. Lord W. or to any person or persons, for any money heretofore received, borrowed or taken up, or hereafter to be re­ceived, borrowed or taken up by the said T. Lord W. or to his or their Executors, Administrators and Assigns, and also for and to­wards the payment of such Legacy or Legacies, and Sums of mo­ney which the said T. Lord W. shall by his last Will and Testament in writing, to be signed, sealed and published between three or more sufficient Witnesses, give, limit, ordain or appoint. And from and after the end, expiration, surrender or other determina­tion of the said term, or terms of [...] years, as they shall se­verally end and determine, then to the use and behoof of such per­son and persons, and for such estate and estates, and for such part and parcel as the said T. Lord W. shall by his last Will in writing, in presence of two credible witnesses or more, appoint, limit or declare. Provided alwayes, and the true intent and meaning of the said T. Lord W. and of all the parties to the said Reco­very and Fine, and of the parties to these presents, and eve­ry of them, before and at the several and respective times of the suffering of the said Recovery, and the acknowledging and le­vying of the said Fine, was, and yet is, and is hereby so expressed, [Page 531]published and declared, that notwithstanding any thing herein be­fore contained, it shall and may be lawful to and for the said T. Lord W. from time to time, Power to make Leases. and at all times for and during his natural life at his will and pleasure, either by act or acts in writing, under his hand and seal, to be sealed and signed before two or more wit­nesses of credit, and executed in his life-time, or by his last Will and Testament in writing by him to be sealed, subscribed and pub­lished before two or more such witnesses, to give, grant or make any lease or leases for life, lives or years of all or any of the said Mannors, Lands, Tenements, Hereditaments and Premisses, or any of them, other than during the life of the said Lady K. of the said chief Mansion-house called H. house, and so much of the Demesnes, Lands, Tenements and premisses next adjoyning to the said Chief Mansion-house, as shall amount to the clear yearly value of one hundred & fifty pounds over and above all charges and Reprizes: Or to charge the pre­misses to secure mo­neys to be hereafter borrowed. Upon which lease or leases, the accustomed or greatest yearly Rent or value heretofore paid for the said premisses, or more shall be reserved, or to charge the same premisses, or any parcel thereof, (except before excepted, and for the time aforesaid) with any Rent or Rents, Annuity or Annuities, Recognizance or Recognizances in the nature of the Statute-Staple or Merchant, or by or with any other Recognizance or Recognizances, Judgment or Judgements of what nature soever for the assurance of payment of any Sum or Sums of money which he the said T. Lord W. either hath taken up, or borrowed, or shall hereafter receive, take, borrow or con­tract for, of or with any person or persons, for or to his use or other­wise, or for the securing of any person or persons who now is, or are, or stand, or that at any time hereafter shall stand or become bound for him the said T. Lord W. or otherwise at his free-will and pleasure, and that the said Recovery, Fine and Fines, and other Acts and Assurances shall be and enure, and the said Recoverors and parties to the foresaid Recovery, and the Cognizees and par­ties to the said Fine, and the parties takers thereby and their heirs, and all and every other person or persons, who now are or stand, or hereafter shall be, or stand seized of the said Mannors, Lands, Tenements, Hereditaments and premisses, by force or under the said Recovery and Fine, or either of them, and his an [...] h [...]r heirs, shall stand and be seized of all, or so much of the said Mannors, [Page 532]Lands, Tenements, Hereditaments and premisses, and every par­cel thereof with the Appurtenances, which is or shall be so given, granted, leased, charged or disposed of, from and after such gift, grant, lease, charge, disposition, or other Act or Acts to such uses, intents and purposes, and to the use of such person and persons to whom such gift, grant, lease, charge, disposition, or other Act or Acts hath been, or shall be made, as aforesaid, and to the use, in­tent and purpose, that the party and parties to whom any Rent or Rents, Annuity or Annuities, Recognizance or Recognizances, Statutes, Judgements, or other charges already granted, or here­after to be granted, made or charged, of, upon, or out of the said Mannors, Lands, Tenements, Hereditaments and premisses, or any parcel thereof by the said T. Lord W. shall and may duly have, levy, perceive, take and enjoy the fruit, benefit and effect of the same lease and leases, Rent and Rents, and other charge and charges, according to the purport, intent and true meaning of the said grant and grants, lease and leases, Recognizance and Recog­nizances, Judgment and Judgments, charge and charges, and eve­ry or any of them, any thing in these presents before contained to the contrary thereof notwithstanding. Provided, and it is further hereby Covenanted, To make void the said uses. granted, con­descended, agreed, published and declared by and between all and every of the foresaid parties, That the true intent and meaning as well of the foresaid Recovery, as of the said Fine, and of all and every of the respective parties to the same, and to these presents alwayes was, and is, that it should and might, and shall and may be lawful to and for the said T. Lord W. from time to time, at any time or times during his life, by his writing or writings, by him to be signed or sealed in the presence of three witnesses of Credit or more, or to be inrolled in any of the Courts of Record, of our Soveraign Lord the Kings Majesty, his Heirs or Successors, to signifie or declare, that his Will and Pleasure is, That all or any of the use or uses, estate or estates in Possession, Reversion or Remainder, limited, appointed, raised, created or implyed in or by these presents, shall cease, determine, be void or revoked of, for, touching or concerning all or any of the said Mannors, Messuages, Lands, Tenements, Hereditaments and premisses, or any of them, or concerning any part or parcel of them or any of them; And that then and from thenceforth all and every of the said use and uses, estate and estates in possession, Re­version or Remainder, so signified and declared to cease, deter­mine, [Page 533]be void or revoked, shall then and from thenceforth cease, determine and be utterly void and revoked, according to the true intent and meaning of the said T. Lord W. so as aforesaid to be signified and declared, other than such lease or leases, estate or estates, or charges which he the said Lord W. hath or shall make, [...]ay, or charge of or upon any of the premisses, for satisfying debts, or for valuable Consideration in money, or otherwise by force of the foresaid Proviso in these presents before expressed: And also that then and from thenceforth, at all time and times after such signification or significations, declaration or declarations so to be made, it shall and may be lawful to and for the said T. Lord W. at any time or times during his life, To create n [...]w uses. so oft as he shall think good by any other his wri­ting by him to be sealed, acknowledged and inrol­led, or sealed and subscribed as is aforesaid, to limit, create, ap­point and declare of, for and concerning the said Mannors, Lands, Tenements, Hereditaments and premisses, or any of them, any new, or any other use or uses to the same, or any other person or persons whatsoever: And that then, and after such new limitation, the said Recovery and Fine respectively shall be and enure, and the said Recoverors and parties takers by the said Recovery, and the said Cognizees of the said Fine, and the parties takers thereby and their heirs, and all and every person and persons, who then shall be and stand seized of and in the premisses, or any part there­of, whereof such new use shall be declared, created, raised, limited or appointed; and his and their heirs shall respectively stand and be seized of the same premisses, or such part thereof, whereof such new use or uses shall be declared, limited or appointed to such use and uses of such person and persons, to whom such other or new estate or estates, use or uses shall be so newly declared, created, raised, limited or appointed and of, and for such estate and estates, and in such manner and form, and by or under such Limitations, Conditions and Provisoes, as shall be so newly appointed, expres­sed or declared; and for want of such declaration, or new limita­tion so to be made after any such Revocation; Then the said Re­covery and Fine touching such of the premisses, whereof no such Declaration, limitation or appointment of use shall be made, shall be and enure to the only use and behoof of the said T. Lord W. his Heirs and Assigns for ever, any matter or thing whatsoever herein before contained to the contrary thereof notwithstand­ing. But it is, and alwayes was the intent of all the parties to [Page 534]these presents, That no Revocation or new Limitation should or shall any way frustrate or make void any Lease, No new Declaration to hinder an Estate granted before Re­vocation. Estate, Rent or Charge made, granted or charged, or to be made, granted or charged of or upon the pre­misses, or any parcel thereof, for valuable Considerations of money borrowed or received of the said T. Lord W. by vertue or force of any former Proviso in these presents ex­pressed, but that the same and every of them, shall stand good, ac­cording to the purport and meaning of them, and every of them, notwithstanding any such Revocation or new Limitation futurely to be made. In witness, &c.

A Covenant to settle Lands for natural affection.

THis Indenture made, &c. Between R.D. of, &c. on the one part, and T. D. and E. S. of &c. on the other part, witnes­seth, That the said R. D. as well for the natural love and affection which he beareth towards W. D. Gentleman, Son and heir ap­parent of the said R. D. and to the intent that the Marshes, Lands, Tenements and Hereditaments hereafter mentioned, might be and remain to the uses, intents and purposes hereafter in these pre­sents expressed and declared, and for divers other, &c. for him­self, his heirs and assigns, doth Covenant and grant to and with the said T. D. and E. S. their heirs and assigns by these presents, That he the said R. D. and his Heirs, and all and every other per­son and persons that now is or are, or that at any time hereafter shall be seized, or estated of or in all, and every part of that the Mannor of A. with the Rights, Members and Appurtenances there­of in the said County of O. and of or in all or any Lands, Tene­ments, Meadows, Pastures, Feedings, Commons, Wayes, Wastes, Wast-grounds, Hereditaments and Appurtenances whatsoever be­longing to the said Mannor, or reputed as part, parcel or member thereof in A. aforesaid, and whereof or wherein the said R. D. [...]ow hath an Estate of Inheritance in Fee-simple, shall thereof, and of every part and parcel thereof, immediately, from and af­ter the ensealing hereof, stand and be seized thereof, and of every part and parcel thereof, to the several uses, intents and purposes hereafter in these presents expressed, limited and declared, (that is to say:) To the use and behoof of the said R. D. for the term [Page 535]of his natural life, without impeachment of any manner of wast, and after his death, to the use of the said I. D. for the term of his natural life, without impeachment of any manner of wast, and after his decease, to the use of the first Son of the body of the said I. D. lawfully to be begotten, and of the heirs males of the body of the said first Son lawfully to be begotten: And for default of such Issue, to the use and behoof of the Second, Third, Fourth, Ffth, Sixth, Seventh, Eighth, Ninth and Tenth Sons of the body of the said I. D. lawfully to be begotten, respectively as they shall be in Seniority and age, and of the heirs males of such Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Sons lawfully to be begotten of his body, the eldest son and his heirs, being alway prefer [...]ed before the younger Son and his heirs of his body; And for default of such Issue, to the use of every other the Sons of the said I. D. as they shall be in Seniority and age, and of the heirs males of the Bodies of every such Sons law­fully to be begotten: And for default of such Issue, then to the use of M.D. Gentleman, second Son of the said Sir R. D. for the term of his natural life, without impeachment of any manner of wast, and after his death, to the use of the first Son, pro [...]e supra, in the first Son, then to the third Son in manner prout al. primam. And for the default of such Issue, then to the use of the right Heirs of the said R. D. for ever: And to none other use, intent or pur­pose whatsoever, with the same clause of Revocation, as is men­tioned in the last president. In witness, &c.

A Condition of a Counter-Bond.

THe Condition, &c. That whereas the above-named N.B. at the special instance and request of the above-bounden C. D. for the proper debt of the said C. D. and as his surety, by obliga­tion bearing date with these presents, standeth joyntly and seve­rally bound, together with the said C.D. unto E.F. of, &c. in the sum of, &c. with Condition thereupon endorsed for the payment of 100 pound of, &c. to the said E.F. or to his certain Attorney, his Executors or Assigns, at, &c. upon, &c. as in and by the said Obligation and Condition more at large appeareth. If therefore the said C. D. his Heirs, Executors, Administrators or Assigns, or any of them do pay, or cause to be paid unto the said E. F. or his Assigns, the said Sum of, &c. at the day and place aforesaid, and [Page 536]also from henceforth, save and keep harmless the above named A. B. his heirs, &c. of and from the foresaid Obligation, and of and from all and all manner of Costs, Charges, Suits, and Damages whatsoever, of, for and concerning the said Obligation; That then, &c.

An Assignment of several Leases of divers Messuages and Lands, with several recitals and good Covenants. Well penn'd.

THis Indenture made, &c. Between J.S. of, &c. and J. G. of, &c. on the one part, and R. G. of, &c. on the other part; Whereas J. S. of, &c. G. P. of, &c. Executors of the last Will and Testament of M. S. Gent. deceased, and the said J. G. by Indenture bearing date the 26. day of S. in the, &c. of his said Ma­jesties Reign that now is over England, &c. made between the said J. S. and G. P. and J. G. on the one part, and E. S. on the other part, by the name of E. S. of, &c. Did grant, assign, and set over to the said E. S. and her Assigns, as well an Indenture of Demise therein recited, dated the day of, &c. made from R. E. late of, &c. unto J. G. late of B. in, &c. and I. his wise, Father and Mother of the said I. G. party to these presents of all that Messuage or Tenement, and half yard-Land, with the Appurte­nances then or late in the Tenure or Occupation of one E. A. or his Assigns in S. sometimes W. W. scituate and being of H. W. and P. and every or either of them in the said County of S. and of all Houses, Buildings, Barns, Stables, Orchards, Gardens, Back-sides, and grounds, with the Appurtenances whatsoever, to or with the said Messuage or Tenement and premisses belonging, with all and every other the Lands, Tentments, Feedings, Here­ditaments and Profits whatsoever, to the said Messuage or Tene­ment belonging, or reputed as parcel or member of the same, or any of them, (except therein excepted) for the Term of 3000. years, from the Feast of the, &c. then last past, at the yearly Rent of 7. shillings of, &c. as also all the estate, title, interest, term of years thereby granted, then to come and unexpired, possession, claim and demand whatsoever of the said I.S. G.P. and I. G. of and to the same, and every part thereof, on Condition therein con­tained to this effect; That if the said I. G. his Executors, Ad­ministrators or Assigns, did well and truly pay to the said E.S. her Executors or Assigns, the Summe of, &c. of lawful English money [Page 537]upon the last day of M. then next ensuing, That then from thence­forth the said Grant and Assignment, and every thing therein con­tained, to be utterly void and of none effect, as by the said In­denture more fully appeareth. Which said Sum of, &c. was not satisfied or paid to the said E. S. neither on the day in the Condi­tion of the said Assignment mentioned, nor since, by reason where­of the premisses became absolutely forfeited to the said E.S. And whereas also the said I.G. by his Indenture of Assignment, dated the, &c. of his Majesties Reign that now is, did bargain, assign and set over to the said E.S. and her Assigns, as well one other Indenture of Lease dated the 21 day of M. in the one and fortieth year of the said late Queen Elizabeth her Reign, also made from the said R. E. to the said I. G. (Father of the said I. G. party to these presents) and his Assigns, of all that his, &c. setting the particulars down here at large as they were mentioned before, within the Parishes of H. P. or W. within the said Counties of S. or some or one of them, with all Woods, Under-woods, Profits, Commodities and Advantages, to the said Messuage or Tenement and half yard-land belonging for the term of 3000. years from the Feast of, &c. then next ensuing, at the yearly Rent of, &c. as also all the estate, right, title, interest, possession, Reversion, Term of years, claim and demand whatsoever of the said I. G. to the said, &c. and other the premisses, with the appurtenances, by the same Indenture of Lease, Demised, by vertue of the same Inden­ture or otherwise, as by the same Indenture, &c. appeareth: And whereas the said E. S. by her Indenture dated, &c. did Covenant with the said I. G. and his Assigns, That if the said I. G. or his assigns, did well and truly pay to the said E.S. or her assigns, the Summe of 325. pound, at the dwelling house of A. C. Scrivener, scituate in B. London, at one entire payment on the fifteenth day of October, which then shall be in the year of our Lord God, 1630. That then she the said E.S. and her Assigns, should upon request of the said I. G. re-assign and convey unto him the said two se­veral recited Indentures of Leases, and all her estate and interest, claim and demand in and to the said several Messuages, Lands and Premisses, demised by the said several Indenture of Leases, as by the said last recited Indenture more at large appeareth. And whereas the said I. G. by his Release dated, &c. did in Conside­ration of a Competent Summe of Money, Release all his Right, Title and Interest of and in the said Messuage, Lands and Pre­misses to the said E. S. and her Assigns, as by the said Release ap­peareth. [Page 538]And whereas the said E. S. by her Indenture of As­signment dated, &c. did for the Consideration therein mention­ed, assign and set over all her estate, right, title and interest of, in and to both the said recited Indentures of Lease, as also in and to the said Messuages, Lands and Premisses to the said I. S. her Father (party to these presents;) To hold to him and his assigns, during all the residue of the said Term of years, in the said seve­ral recited Indentures of Lease then to come and unexpired, as by the said last recited Indentute of Assignment more fully appear­eth.

Now this Indenture witnesseth, That the said I. S. and I. G. for and in Consideration of the Summe of, &c. in hand paid, or secured by the said R. G. unto the said I. S. as also for and in Consideration of the Summe of, &c. at the ensealing and delivery of these presents in hand paid, or secured by the said R. G. unto the said I.G. the said several receipts, of which said several Sums of money they the said J. S. and J G. do hereby severally and respectively acknowledge, and thereof, and of every part thereof, do severally and respectively acquit and discharge the said R. G. his, &c. and for other good, &c. Have demised, granted, set, and to Farm-let, released and confirmed, and by these presents, do, &c. unto the said R. G. his, &c. all and every the said Mes­suages, Lands, Tenements, Hereditaments and Premisses, with their and every of their Rights, Members and Appurtenances in the said former recited Indenture of Lease, or Assignments men­tioned: To have and to hold all and every the said Messuages or Tenements, Lands, and all other the Premisses, with their and every of their appurtenances unto the said R.G. his Execu­tors and Assigns, and every of them by these presents for and du­ring, and unto the full end and Term of 99. years from hence next ensuing, fully to be compleat and ended; Yielding and pay­ing therefore yearly during the said term, to the said I. S. his, &c. a Pepper-Corn at the Feast of St. Michael the Arch-Angel if it be lawfully demanded.

And the said I. S. for himself, his, &c. doth Covenant and grant to and with the said R. G. his, &c. That he the said I. S. now hath good right, full power, and lawful and absolute autho­rity to demise, grant and let the said Messuage or Tenement, lands and premisses, with their appurtenances unto the said R.G. his, &c. for and during the said Term and Number of years aforesaid, ac­cording to the true intent and meaning of these presents; And al­so [Page 539]that the said Messuage, &c. and every of them shall and may during the Term hereby demised, remain and be unto the said R. G. his, &c. sufficiently saved and kept harmless, of and from all and all manner of former and other Gifts, Grants, Leases, Forfei­tures, Surrenders, Extents, Rents and Arrerages of Rents, and of and from all and all manner of Charges, Titles, Troubles and Incumbrances whatsoever, had, made, committed, done or suffe­red by him the said J. S. or by the said E. S. his said Daughter, o [...] either of them, their, or either of their Executors or Assigns; And also that he the said R. G. his, &c. shall and may peaceably and quietly have, hold, occupy, possess and enjoy the said, &c. for and during the Term hereby demised, without the Let, Sute, Molestation, Interruption or Eviction of him the said J. S. or the said E. S. and without the lawful let of all and every other person and persons whatsoever, lawfully claiming in, by, from, or under him, her, or either of them, their or either of their estate, right or title.

And the said I. G. for himself, his, &c. doth Covenant and Grant to and with the said R. G. his, &c. That he the said I. G. at no time before the date hereof, hath done, or suffered to be done, any Act or Thing whatsoever, which shall or may be hurtful, pre­judicial, or a hinderance to the said R. G. his, &c. or any of them, in his and their having, and quiet enjoying of the said, &c. But that he the said R.G. his, &c. may have and enjoy the said Lands and Premisses, and every of them, for and during the Term here­by demised, without the let or hinderance of him the said I. G. his, &c. or of any other person or persons whatsoever, claiming by, from, or under him, them, or any of them. And the said I. S. and I. G. and either of them, do for themselves joyntly and seve­rally, and not one for the other, and for their severall and re­spective Executors, &c. and for every of them, Covenant and Grant to and with the said R. G. his, &c. That they the said I. S. and I. G. and either of them, their Heirs and Assigns, and every of them, shall and will from time to time, and at all times for and during the space of five years next, &c. at the request and costs of the said R. G. his, &c. further do, make, suffer, acknowledge and execute all and every such further and other lawful and reasonables Act or Thing whatsoever, for the further, better and more perfect assuring, surety, and sure making of the said, &c. unto the said R. G. his, &c. or to such other person and persons as he the said R.G. shall nominate and appoint, and every or any of them, for and [Page 540]during the said Term hereby Demised, as also all other the Interest and Term for years, which he the said I. S. now hath in the said, &c. yet to come and unexpired, at by him the said R. G. his, &c. or his, their, or any of their Councel learned in the Laws, shall be reaso [...]ably devised, or advised and required. And the said I.S. for himself, &c. doth Covenant and grant to and with the said R. G. &c. That he the said I. S. his, &c. or some of them, shall and will within six months now next ensuing the date hereof, de­liver or cause to be delivered unto the said R. G. or his Assigns, or some of them, all the Original Leases of the Premisses herein before recited or mentioned, as also all and singular the severall mean Assignments made of the premisses from time to time, and also all such Deeds, Evidences, Court-Rolls, Writings, Escripts and Minuments whatsoever, concerning the premisses or any part or parcel thereof, which now be in the possession, custody or keep­ing of the said I. S. or of E. S. or of any other person or per­sons whatsoever, by their or either of their delivery, privity or appointment, or which he the said I. S. may obtain or come by, whole, uncancelled, safe, undefaced, and in as good plight as the same or any of them now are, and also true Copies of all such other Deeds, Evidences and Writings as the said I. S. or E S. or either of them, have or can come by touching the said, &c. or any part thereof, joyntly or together with any other Lands, the said I. S. his, &c. or some of them, paying and bearing the charge of making, and writing, and coming by the Deeds, Evidences or Copies, or any of them.

And the said R. G. for him, his, &c. doth Covenant, pro­mise and grant to and with the said J. S. and J. G. and either of them, their and, &c. That he the said R. G. his, &c. shall and will during the term hereby Demised, bear, pay and discharge all and all manner of Quit-Rents, or other Rents and Services what­soever, which shall be due, or any wayes payable, for or in respect of the said, &c. or any of them, from the day of the date hereof, and thereof, and of every part thereof, shall and will sufficiently during the term hereby Demised, acquit and discharge the said I. S. and I. G. their Executors and Assigns, and every of them by these presents. In witness, &c.

An Indenture of Settlement. Well penn'd.

THis Indenture made, &c. Between the Right Honourable C. Lord S. Baron of H. of the first part; W. N. of the Inner Temple, London, Esq The Parties. and A. T. of the said Inner Temple London, Esq of the second part; And the Right Honourable E. Lord G. Baron of D. in the County of A. within the Realm of Ireland, and Dame J. his wife, D. L. Daughter of her the said Dame I. G. and I. S. of M. in the C. of Y. Esq of the third part: Whereas a Marriage shortly hereaf­ter by the grace of God, is intended to be had and solemnized be­tween the said C. L. S. and the said D. L. witnes­seth now this present Indenture, The Conside­ration. That the said C. Lord S. as well for and in consideration of the said Marriage, and of the full Summe of 8000 pound, (that is to say) the Summe of 7000 pound of good and lawfull money of England, in hand paid, and the Summe of 1000. pound more in Jewels, in hand delivered unto him the said L. S. by the said E. Lord G. and Dame I. his wife, at and before the en­sealing and delivery of these presents, whereof the Sum of 2000. Marks in moneys, and the said 1000. pounds in Jewels, were and was a portion given and left unto her the said D. by the last Will and Testament of Sir I. L. her Father deceased, and the residue of the said 8000 pound, was and hath been encreased for her, by the providence, care, and great love of the said Dame I. G. her Mo­ther, since her said Fathers decease, of and with which said Sums of 7000 pound in Money, and 1000 pound in Jewels, he the said C. Lord S. doth hereby acknowledge the Receipt, and himself to be fully satisfied; And thereof, and of every part and parcel there­of, doth for himself, his Heirs, Executors and Administrators, and for every of them, fully, absolutely and clearly acquit, exonerate and discharge the said E. Lord G. and Dame I. his Wife, their Heirs, Executors and Administrators, and every of them for ever by these presents: And for and in consideration of a competent Joyn­ture to be had and made unto the said D. in case the said Marriage shall take effect, and that she the said D. shall survive and over­live him the said Lord S. and for the better preservation and con­tinuance of all and every the Mannors, Lordships, Messuages, Lands, Tenements and Hereditaments, hereafter mentioned in [Page 542]the name and blood of the said Lord S. so long as shall please Al­mighty God; also for divers and sundry other good and valuable Considerations him the said Lord S. hereunto especially moving; Hath Covenanted, promised, granted and agreed, and by these presents doth for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, covenant, promise, grant and agree to and with the said E. Lord G. and I. S. their heirs and assigns, A Covenant to levy a Fine. and to and with every of them, That he the said C. Lord S. shall and will before the end of Michaelmas Term, next ensuing the date of these presents, before the Justices of our Soveraign L. the King, of his Majesties Court of Common-Pleas at Westmin­ster, or before some other competent and fit person and persons thereunto lawfully and sufficiently authorized, acknowledge and levy one or more Fine or Fines (Sur Conusance de droit come ceo, &c.) in due form of Law, with Proclamations thereupon to be made, according to the Common course of Fines in that case used, and the Statute in that behalf made and provided unto them the said W.N. and A.T. and their heirs, or the heirs of one of them, The Mannors. of all those his Mannors, Lordships, Lands, Tenements and Hereditaments, called or known by the several names of S. &c. scituate, lying and being in the County of Es. with their and every of their Rights, Revenues, Members and Appurtenances whatsoever, and of all that the Re­ctory and Church of H. with the Appurtenan­ces thereof whatsoever, General Words. and of all and singular Messuages, Houses, Edifices, Barns, Stables, Dove-houses, Back-sides, Orchards, Gardens, Lands, Tenements, Meadows, Feedings, Pastures, Commons, Wayes, Passages, Wast­grounds, Heaths, Furze, Moors, Marshes, Woods, Under-woods, Rents, Reversions, Services, Tithes, as well great as small, and of all other Hereditaments whatsoever, scituate, lying and being, growing, arising, renewing and increasing within any the Towns, Parishes, Hamlers, Tithings or Fields of S. &c. in the said County of E. and in every or any of them, or elsewhere to the said Man­nors, Rectory, or other the Premisses, or any of them belonging, or in any wise appertaining, or therewith used and enjoyed, by such name and names, and under such number of Mannors, Messuages, Cottages, and Acres, and in such sort, manner and form, as by the said E. Lord G. and J. S. their heirs or assigns, or by their or any of their Councel learned in the Law, shall be reasonably advised, [Page 543]devised or required. The true intent and meaning of which said Fine and Fines, so to be acknowledged and levied of the said pre­misses, between the said parties as aforesaid shall be, and so shall be construed, meant, intended and adjudged to be, to and for the use and behoof of the said W. N. and A. T. their heirs and assigns for ever; To the only intent and purpose that they the said W. N. and A. T. shall and may stand and be full and perfect Tenements of the Freehold of the said Mannors, Lordships, and all and sin­gular the premisses, and of every part and parcel thereof, with the appurtenances, untill one or more perfect Com­mon Recovery, or Common Recoveries, To suffer a Re­covery. may be had and executed of all and singular the same premisses, against them the said W.N. and A.T. and their heirs, according to the true intent and meaning of the said Parties to these presents; And that they the said W. N. and A. T. from and after the acknowledging and levying of the said Fine or Fines by the said C. Lord S. to them the said W. N. and A. T. in manner and Form as aforesaid, shall and will before the end of the said Michaelmas Term next ensuing the date of these presents, permit and suffer the said E. Lord G. and I. S. to sue and presecute several Writs of Entry (Sur disseisin en le post) against them the said W. N. and A. T. of the said Mannors, Lordships, Lands, Tenements, Hereditaments and Premisses, and of every part and parcel thereof, with the Appurtenances, by such name and names, and under such number of Mannors, Messuages, Cottages, and Acres, and in such sort, manner and form as by the said E. Lord G. and I.S. and their heirs, or by their or any of their Councel lear­ned in the Law, shall be advised, devised or required, into and upon every of which said several Writs of Entry (Sur disseisin en le post) so to be brought, the said W. N. and A.T. shall personally appear [...] And then immediately after their appearance & defence made, shall and will in the said actions vouch to Warranty the said C. Lord S. and he the said Lord S. upon such Vouchee of him to be made, shall and will in the said actions so to be brought forthwith Gratis, and without Process appear thereunto, and enter into Warranty, and vouch over to Warranty the Common Vouchee, to the end that the Common Vouchee may also appear and enter into War­ranty, and afterwards make default, or depart in despite of the Court, so that several perfect Common Recoveries, with double vouchers may be had, prosecuted, and executed in and upon the said several Writs of Entry (Sur disseisin en le post) in all things [Page 544]according to the usual and common order and form of Common Recoveries, for the assurance of Lands and Tenements in such cases used, of all and singular the said several Mannors, Lordships and Premisses before mentioned, and of every part and parcel thereof, with the Appurtenances; And that full Execution and Seizin shall be had and taken thereof accordingly: And it is here­by covenanted, granted, concluded, and fully and absolutely agreed on, by and between all and every the aforesaid parties to these pre­sents, for themselves, their heirs and assigns, and it is the true in­tent and meaning of these presents, and of all and every the afore­said parties to the same, that the said several Recoveries, and the execution thereupon to be had, shall be, and so shall be adjudged, deemed, esteemed, and taken to be, and the Recoverors, their heirs and assigns, and every of them, shall and will immediately from and after the execution of the said Recoveries, stand and be seized, and be adjudged, deemed, and esteemed, and taken to be seized of all and singular the said Mannors, Lordships, Lands, He­reditaments and premisses before mentioned, and every part and parcel thereof, with their and every of their Appurtenances to and for all and every the several and respective uses, behoofs, intents and purposes hereafter in these presents mentioned, expressed, li­mited and declared; And to or for none other use, behoof, intent or purpose whatsoever, (that is to say) to the use and behoof of the said C. Lord S. and his Assigns, for and during the term of his natural life, without impeachment of or for any manner of wast; and from and after his decease, then to the use and behoof of the said D. L. and her assigns, for and during the term of her natural life, for and in the name of a Joynture, of and for her the said D. And from and after her decease, then to the use and be­hoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten; and for default of such Issue, then to the use and behoof of the right heirs of the said C. Lord S. for ever.

And the said Right Honourable C. Lord S. for himself, his Heirs, Executors, Administrators and Assigns, and for every of them, doth further Covenant, promise and grant to and with the Right Honourable E. Lord G. and I.S. their Heirs and Assigns, and to and with every of them by these presents, in manner and Form following, (that is to say) That he the said C. Lord. S. at the time of the ensealing and delivery of these presents, is lawfully and rightfully seized of and in all and singular the said Mannors, [Page 545]Lands, Tenements, Rectory and Premisses, and of every part and parcel thereof, with the Appurtenances of a good, sure, perfect, lawful and indefeasible Estate in Fee-simple, or in Fee-tail to him­self, and the heirs of his body, without any Reversion or Remain­der of the Kings Majesty, and without any manner of Condition or Conditions, Mortgage, Limitation of use or uses, or other thing or things whatsoever, whereby to alter, change, charge, de­feat, determine, or make void the same: And that he the said Lord S. hath full power, good right, and lawful and absolute authority in his own proper right by these presents, to raise, limit and ap­point all and every the foresaid several Uses and Estates before mentioned, and that all and singular the Premisses, and every part and parcel thereof, with their and every of their Rights, Members and Appurtenances now are and be, and so from time to time, and at all times for ever hereafter, shall and may continue, stand, re­main, and be to all and every the several uses, intents and pur­poses before in and by these presents limited, expressed, appointed and declared, free and clear, and freely and clearly acquitted, exo­nerated and discharged, or otherwise well and sufficiently saved, defended and kept harmlesse of and from all and all manner of former and other Gifts, Grants, Bargains, Sales, Leases, Estates, Joyntures, Dowers, and Titles of Dowers, and of and from all Rents, and Arrerages of Rent-Annuities, and Arrerages of An­nuities, Statutes-Merchant, and of the Staple, Recognizances, Judgments, Executions, Extents, Fines, Forfeitures, Issues, Amer­ciaments, Intentions, Principal Seizins, Liveries, Wills, Entails, Limitations of use or uses, and of and from all other Titles, Trou­bles, Arrerages, Charges, Claims, Demands and Incumbrances. And the said C. Lord S. for himself, his Heirs, Executors, Admi­nistrators and Assigns, and for every of them, doth likewise fur­ther Covenant, promise and grant to and with the said E. Lord G. &c. their Heirs and Assigns, and to and with every of them by these presents, That he the said Lord S. and his Heirs, shall and will from time to time, and at all times hereafter, within the space of seven years next ensuing the date of these presents, at and upon every reasonable request, and at the only proper costs and charges in the Law of the said Lord S. and his heirs, further do make, ac­knowledge, execute and suffer, or cause, or procure to be done, made, acknowledged, executed and suffered all and every such further and reasonable act and acts, thing and things, device and devices, assurance and assurances in the Law whatsoever, for the [Page 546]further, better, and more perfect assuring, surety, and sure-making, setling and conveying of the said Mannors, &c. premisses, and of every part and parcel thereof, with the appurtenances to continue, stand, remain, and be to all and every such several uses, behoofs, intents, limitations and purposes, as are thereof, in and by these presents limited, expressed, appointed and declared, be it by Fine or Fines, Recovery or Recoveries, with single, double, or more Voucher or Vouchers, Feoffment or Feoffments, Deed or Deeds, enrolled or not enrolled, the enrollment of these presents, or by any other wayes or means whatsoever, as by the said E. Lord G. and I. S. their Heirs and Assigns, or by any of them, or by their, or either or any of their Council learned in the Law, shall be rea­sonably advised, devised or required.

And finally, The said C. Lord S. for and in Consideration of the said Marriage shortly hereafter, by the grace of God, to be had and solemnized between him the said C. Lord S. and the said D.L. and for the great love and affection which he the said Q. S. hath and doth bear unto the said D. L. doth for himself, his heirs and assigns, and for every of them, Covenant, promise, grant and agree to and with the said E. Lord G. and I. S. their Heirs and As­signs, and to and with every of them by these presents, That he the said C. Lord S. and his Heirs, and all and every other person or persons that now be, or which hereafter shall stand, or be seized of any Estate of Inheritance of the said Mannors, Lands, Tene­ments and Premisses, or any part thereof, shall and will stand and be seized of so much, and such part and parcel of the said Lord­ships, Mannors and Premisses, as either in respect of not making and naming the right Tenant of the Free-hold, in the severall Writs of Entry aforesaid, or in respect of any other legal defect shall not be by the severall, and Recoveries aforesaid, well and sufficiently assure, and settle to the several uses before in and by these presents expressed, to the severall and respective uses, in­tents and purposes hereafter in and by these presents expressed, ap­pointed and declared, and to none other use, intent or purpose whatsoever, (that is to say;) to the use and behoof of the said C. Lord S. and his assigns, for and during the Term of his naturall life, without impeachment of or for any manner of wast, and from and after the decease of the said C. Lord S. then to the use and behoof of the said D. L. and her Assigns, for and during the term of his natural life, and from and after her decease, then to the use and behoof of the heirs of the body of the said C. Lord S. on the body of the said D. lawfully to be begotten; and for default of [Page 547]such issue, then to the use and behoof of the right heirs of the said C. Lord S. for ever. In witnesse whereof to one part of these pre­sent Indentures, remaining with the said E. Lord G. Dame I. his wife, D. L. and I. S. The said C. Lord S. W. N. and A. T. have interchangeably subscribed, and set their severall hands and seals, and to one other part of these present Indenture, remaining with the said W.N. and A. T. the said C. Lord S. E. L. G. Dame I. his wife, D. L. and I. S. have interchangeably subscribed, and set their several hands and seals, and to one other part of these In­dentures remaining with the said C. Lord S. the said W.N. A.T. E.L. G. Dame I. his wife, D. L. and I.S. have interchangeably subscribed, and set their several hands and seals the Day and Year first above-written, Anno Dom.

A Condition to save harmless where one Attorns Tenant, with a Covenant to grant a Lease when the premisses are setled in the Obligee.

THe Condition of this Obligation is such, That whereas the within named I. S. hath attorned Tenant; and doth and is contented to pay his Rent, being Eleven pounds ten shillings per annum, unto the within bound T. S. his heirs or assigns, for the Messuage or Tenement with the Appurtenances, wherein the said J.S. now dwelleth, scituate near W. London. If therefore the said T.S. his Heirs, Executors, Administrators or Assigns, do from time to time, and at all times hereafter, clearly acquit, discharge, or sufficiently save harmless and indemnified the said J. S. his Executors, Administrators and Assigns, goods and chattels, as well against one R. N. of the Parish of Saint G. in the Fields, in the County of M. gent. and K. his wife, and against the Heirs and Assigns of the same K. also against all and every other person and persons whatsoever of, for, from, touching and concerning all such and so much Rent, as he the said J. S. his Executors or As­signs, hath already paid, or shall hereafter pay to the said T. S. his heirs or assigns, for the Tenement aforesaid, with the Appurtenan­ces, and also of and from all Actions, Suits, Charges, Distresses, Forfeitures, Judgments, Executions, and all other Damages, Trou­bles and Incumbrances whatsoever, that shall or may arise, or grow or be had, commenced or prosecuted against the said J. S. his Executors, Administrators or Assigns, by reason of paying the said Rent, or any part thereof unto the said T. S. his Heirs or [Page 548]Assigns, or by reason of occupying of the said Tenement, And further, If in case the said T. S. his heirs or assigns, do or shall quietly hold and enjoy the possession of the Tenement aforesaid, with the appurtenances (amongst other things) as he the same T. now doth for and during the space of two years next coming, after the date within written, without any further new Suit; Then if the said T. S. his heirs or assigns, do within one month next af­ter the end and expiration of the said term of two years, or after such time as the estate of the premisses shall be perfectly setled in the said T. or his heirs, at the reasonable request, and at the costs and charges in the Law of the said, J. S. his Executors or Admini­strators, by good, lawfull and sufficient Indenture of Lease (in due form of Law to be had, made and executed) Demise, grant, and to Farm-let unto the said J. his Executors, Administrators and Assigns, all the said Messuage or Tenement with the appurtenan­ces, wherein the said J. now dwelleth as aforesaid, for so many years as will make up the remainder of the term of years in his former Lease, granted full Twenty and one years, and under the yearly Rent of Eleven pounds ten shillings, quarterly to be paid to the said T. his heirs or assigns, or within one and twenty dayes next after every Quarter-day by even portions, and with such other reasonable Covenants therein to be contained, as are com­monly used in such like Leases: That then this present Obliga­tion shall be void and of none effect; or else it shall stand, and re­main in full force, strength and vertue.

A Condition to save harmless an Executor, for payment of several Legacies to Orphans, with a Covenant to see the same Legacies disposed to the best advantage for the Legatees.

THe Condition of this Obligation is such, That whereas M.D. late of St. J. street, in the County of M. Widow deceased, by her last Will and Testament in Writing, bearing date the Tenth day of M. in the Year of our Lord God, One thousand six hun­dred and fourteen, did amongst other Legacies and Bequests, give and bequ [...]ath unto M. T. and A. T. Daughters of the within-bound T. T. Five shillings a piece of lawfull money of E. as by the s [...]me Will more at large appeareth. Which said Sums of five shillings a piece, the within named I. S. Executor of the last Will and Testament of the said M. D. hath at the Request of the said [Page 549]T. T. at and before the ensealing and delivery hereof, paid and disbursed to the said T.T. for the use and behoof of his said Daugh­ters M. and A. If therefore the said T. T. his Executors and Ad­ministrators, and every of them, do from time to time, and at all times hereafter, freely and clearly acquit, exonerate and discharge, or otherwise well and sufficiently save, defend, and keep harmlesse the said I. S. his Executors and administrators, and every of them, and all and every of his and their Lands, Tenements, Goods and Chattels, as well of, from and against the said M. and A. their Executors, Administrators and Assigns, as also of, from and against all other persons whatsoever, of, for and concerning the payment of the said Sums of five shillings a piece to the said T. T. their Fa­ther, as aforesaid; And of and from all Actions, Sutes, Costs, Charges, Damages, Expences and Demands whatsoever, which he the said J. S. his Executors, Administrators or Assigns, shall here­after happen to incur, sustain, or be put unto, for or by reason of the payment of the said Sums of five shillings a piece, for the use of the said M. and A. to the said T. their Father, as aforesaid; That then this Obligation shall be void; or else it shall stand in full force and vertue.

A Condition to pay the Rent reserved in a Lease, according to the Covenant therein exprest.

THe Condition of this Obligation is such, That whereas the within named I. C. by his Indenture of Lease of the date within written, did Demise, grant and to farm-let unto the within bound H. B. all that Messuage or Inne, called the Signe of the White Horse, with all Cellers, Sollers, Chambers, Rooms, Yards, Stables and Appurtenances thereunto belonging, as it is now in the Tenure or occupation of the said I. C. set, and being in S. in the Parish of St. O. in S. in the County of S. (except as in the same Lease is excepted;) To have and to hold the same from the Feast of the Nativity of St. John Baptist next coming after the date of the same Lease, unto the end and term of Ten years, and one quarter of a year from thence next ensuing, and fully to be compleat and ended, yielding and paying therefore yearly, during ten years of the said term of ten years, and one quarter of a year to the said I. his Executors or Assigns, Twenty and four pounds of lawfull money of England, at Four Terms of the year; that is [Page 550]to say, at the Feast of St. Michael the Arch-Angel, the Birth of our Lord God, the Annuntiation of our Lady, and the Nativity of St. John Baptist, or within fifteen dayes next after every of the said Feast Dayes by even portions. And for the last quarter of a year, six pounds at the Feast of St. Michael the Arch-Angel next ensuing, the said term of ten years, or within fifteen dayes then next following, as by the same Lease more at large appear­eth: If therefore the said H. B. his Executors or Assigns, do yearly, and every year during the said Term of Ten years, well and truly yield and pay, or cause to be yielded or paid to the said I. C. his Executors or Assigns, the said yearly Rent of Twenty and four pounds at the said Four Feasts or Terms of the year men­tioned in the said Lease, or within Fifty dayes next after every of the said Feast-dayes, by even portions, and the said Summe of Six pounds at the said Feast of St. Michael the Arch-Angel, next after the end of the said Ten years, or within fifteen dayes then next following, according to the tenure and true meaning of the same Lease; That then this Obligation to be void and of none effect. Or else to be in full force and vertue.

A Defeazance on a Recognizance, or Statute-Staple.

THis Indenture made the one and twentieth day of August, Anno Dom. 1634. and in the Tenth year of the Reign of our Sove­raign Lord Charles by the grace of God, King of England Scotland, France and Ireland, Defender of the Faith, &c. Between J.B. Citizen and Salter of London, of the one part, and G. B. Citizen also, and Salter of L. of the other part; Witnesseth, That whereas the said G. B. by a certain Recognizance of the nature of a Statute of the Staple, made and provided for the Recovery of debts, taken Re­cognized, and sealed before Sir J. C. Knight, Mayor of the Sta­ple of W. and E. L. Esq Recorder of the City of L. bearing date with these presents, standeth and is bound unto the said I. B. in the summe of Four hundred pounds of lawful money of England payable, as by the same Recognizance more at large appeareth: Nevertheless, the said I. B. is contented and agreed, and doth co­venant, promise and grant for himself, his Heirs, Executors and Administrators, to and with the foresaid G. B. his Heirs, Execu­tors and Administrators, and to and with every of them by these presents, That if the said G. B. his Heirs, Ezecutors, Administra­tor [Page 551]or Assigns, or any of them do pay, or cause to be paid unto the said I. B. his Executors, Administrators or Assigns, or any of them, at or in the now dwelling house of the said I. B. scituate in the Parish of St. A. H. London, the Summe of Two hundred and eight pounds of lawfull money of E. on the Three and twentieth day of F. next coming after the date of these presents, without fraud or coven; That then the foresaid Recognizance shall be utterly void and of none effect, or else to remain in full force, strength, and vertue. In witnesse whereof the parties first above named to the present Indentures, interchangeably have set their hands and seals, dated the day and year first above written.

A Grant of Lands in Fee, in consideration of money, and in further con­sideration of exchange of other Lands.

THis Indenture made, &c. between, &c. Witnesseth, That the said L. G. and also for and in consideration of a certain com­petent Summe of lawful money of England to him in hand before the ensealing and delivery of these presents, by the said I. B. well and truly paid, and for and in consideration of other Lands, Te­nements and Hereditaments by the said I. B. conveyed and assured to the said L. G. and his heirs in exchange; Whereof and where­with the said L. G. acknowledgeth himself fully satisfied and con­tented, and thereof, and of every part and parcel thereof, clearly acquitteth and dischargeth the said I. B. his heirs and assigns, by these presents hath bargained, sold, aliened, enseoffed and confirm­ed, and by these presents doth fully and clearly bargain, sell, alien, enseoffe and confirm in exchange unto the said I. B. and his heirs, All that Scite, and Capital Messuage or Tenement with the appur­tenances scituate, &c. now being in the tenure or occupation of the said L.G. or his assigns, and all and every the Barns, Stables, Out-houses, Orchards, Gardens, and other appurtenances to the said Messuage or Tenement belonging, or in any wise appertain­ing, and all and every other the Lands, Meadows, Pastures and Closes therewith occupied by the said L. G. and being in E. afore­said; And all that Messuage or Tenement, with the appurtenances scituate and being in E. aforesaid, and 30 Acres of Land, Meadow and Pasture thereunto belonging, now or late in the Tenure, &c. And all that Messuage, &c. and all that Cottage, &c. and all and every the Commons, Wastes, Grounds, Leys, and other appur­tenances [Page 552]to the premisses or any of them belonging, or in any wise appertaining; And all and every other the Lands, Tenements and Hereditaments scituate, lying and being in E. aforesaid, with all and singular the appurtenances, whereof E. G. Esq Father of the said L. died seized of an Estate of Inheritance, and the Re­version and Reversions of the premisses, and of every part and par­cel thereof, and all and every the Rents and yearly profits what­soever, reserved upon whatsoever Lease, Demise or Grant, Leases, Demises or Grants made of the premisses, or of any part thereof, except and alwayes reserved out of this present grant, bargain and sale to the said L. G. his heirs and assigns, the Parsonage of C. and the Parsonage house and grounds thereunto belonging, with­in, &c. now in the occupation of R. B. Clerk, and also except, &c. And also the said L. S. for the said Consideration hath bargained and sold, and by these presents doth, &c. to the said I. B. and his heirs, and all and every the Deeds, Evidences, Escripts and Minu­ments whatsoever, touching or concerning onely the premisses, or only any part or parcel thereof, all and every which Deeds, Evi­dences and Writings, or as many of them the said L. G. now hath, or any other to his use, or by his delivery hath or have, which he may lawfully come by without Suit in the Law: The said L. G. Covenanteth and Granteth by these presents, for himself, his Heirs, Executors and Administrators, to and with the said I. B. his heirs and assigns, safely to deliver to the said I. B. his heirs and assigns, before the Feast of St. Michael the Arch-Angel, next ensuing the date hereof, whole and uncancelled, to have, hold and enjoy the said Capital Messuage or Tenement, and all and every the said Messuages, Tenements, Lands, Meadows, Pastures, Commons, and all and every other the premisses, with the appurtenances to the said I. B. his heirs and assigns for ever, to the onely use and be­ho of of the said I. B. his heirs and assigns for ever. And the said L. G. for himself, his Heirs, Executors and Administrators, and every of them, doth Covenant, promise and grant to and with the said I. B. his heirs and assigns, That he the said L. G. is and stand­eth at the ensealing and delivery of these presents, and so shall be at the expiration of the first Estate of Inheritance, of and in the premisses to the said I. B. solely, lawfully and rightfully seized of a good, lawful, perfect and rightful estate in the Law in Fee-simple, of and in the said Capital Messuage or Tenement with the Ap­purtenances, and of and in all and every the said Messuages, Te­nements, Lands, Meadows, Pastures, and all and every other the [Page 553]premisses with the appurtenances, and of and in every part and parcel thereof, to the proper use of the said L. G. and his heirs for ever, without any manner of Condition, and without any Re­version or Remainder thereof, or of any part thereof in the Kings Majesty, his Heirs or Successors, or of any other person or per­sons whatsoever, and that he hath good right, just and true title, and lawful authority to bargain, sell and assure the same to the said I. B. and his heirs, according to the tenure and true meaning of these presents.

And also the said L. G. for himself, his Heirs, Executors and Administrators, and every of them, doth Covenant, promise and grant to and with the said I. B. his heirs and assigns by these pre­sents, That the said I. B. his heirs and assigns, shall, and lawfully may from hence for ever peaceably and quietly have, hold, oc­copy and enjoy the said Capital Messuage or Tenement, and all and every other the premisses with the appurtenances, without any manner of let, trouble or interruption of the said L. G. his heirs or assigns, or of any person or persons claiming, by, from or under any the Ancestors of the said L. G. clearly discharged, or for ever hereafter sufficiently saved harmlesse by the said L. G. his heirs and assigns, of and from all and every other bargains, sales, estates, lea­sess. Statutes-Merchants, and of the Staple, Recognizances, Judge­ments, Joyntures, Dowers, Annuities, Fines, &c. and of and from all and every other charges and incumbrances whatsoever, by the said L. G. or any of his Ancestors, had, made, committed or done, or willingly suffered before the ensealing and delivery of these pre­sents, or before the execution of an Estate and seizin of and in the premisses to the said I. B. his, &c. except the Rents and Ser­vices to be due and done to the chief Lord or Lords of the Fee or Fees of the premisses in respect only of the Seigniory thereof, and also except one Lease and Demise made by the said E. G. of the said Tenement now in the occupation of the said I. R. for term of certain years, which shall expire within 9. years now next coming, whereupon is reserved the yearly Rent of 30 shillings; And one Lease and Demise made to, &c. for certain years, not ex­ceeding the term of 17 years now to come, whereupon is reserved, &c. ut praedict. or for certain years, whereof there are now to come above the number of 17 years, and whereupon is reserved, &c. which said several yearly Rents, and every of them, shall con­ [...]e and be payable to the said I. B. his heirs and assigns▪ during the continuance of the said several Demises

[Page 554]And also the said I. G. Covenanteth and granteth by these pre­sents, for himself, his Heirs, Executors and Administrators, to and with the said I. B. his heirs and assigns, That he the said L. G. and A. his Wife, and the heirs of the said L. and all and every other person and persons, and their heirs, having, or that shall have any right, estate or interest of or in the premisses, or any part thereof, by, from or under the said L. G. or by, from or under any of his Ancestors, shall and will from time to time during five years now next ensuing, at the reasonable request, costs and charges of the said I. B. his heirs and assigns, do, make and execute, or cause, knowledge and suffer to be done, all and every such further act and acts, thing and things, device and devices in the Law whatsoever, be it by Deed or Deeds, inrolled or not inrolled, Fine, Feoffment, Recovery, with double or single Voucher or Vouchers, Release, Confirmation, or otherwise with Warranty against the said L. G. and his heirs, and the Ancestors of the said L. G. or otherwise with­out warranty for the further and more better and perfect assurance, surety and sure-making of the said Capital Messuage or Tenement, Lands, Meadows, Pastures, and all and every other the premisses with the Appurtedances to the said I. B. his heirs and assigns, as by the said I. B. his heirs or assigns, or his or their Council learn­ed in the Law shall be reasonably devised or advised. In wit­nesse, &c.

Articles concerning Lands purchased untill the Covenants could be made.
Articles of Agreement indented, made, concluded and agreed upon the day of Sept. between H. D. of E. in the C. of H. Gent. of the one part, and F. R. of the Parish of S. M. in the Fields in the C. of M. T. of the other part, viz.

IMprimis, The said H. D. (for the consideration hereafter is these presents mentioned and expressed) for himself, his Heirs, Executors and Administrators, and every of them, doth covenant, promise and grant to and with the said F. R. his Heirs, Execo­tors, Administrators and Assigns, and every of them by these pre­sents, That he the said H. D. and [...] his Wife, their Heirs, Executors, Administrators and Assigns, shall and will at the proper costs and charges in the Law of the said F. R. his Heirs, Execu­tors, [Page 555]Administrators or Assigns, by or before the Tenth day of October, now next coming after the day of the date of these pre­sents, make, seal, deliver, do, execute and acknowledge all and every such Act and Acts, Deed and Deeds, Fine and Fines, Assu­rance or Assurances, or other Conveyances in the Law whatso­ever, as he the said F. R. his Heirs, Executors or Assigns, or his or their Councel learned in the Law shall reasonably devise, advise or require for the sure conveying, setling, assuring and sure-making unto the said F. R. his Heirs, Executors, Administrators and Assigns for ever, All that Messuage or Tenement, with all the ap­purtenances thereunto belonging or appertaining, as the same now is in the occupation of P. A. Pewterer, his Assignee or Assignees; And of all that Messuage or Tenement, with all the Appurtenan­ces thereunto belonging or appertaining, as the same now is in the tenure or occupation of [...] S. Chandler, his Assignee or Assignees: And of all that Room or Shop with the appurtenan­ces, now in the occupation of W. Cheese monger, all which pre­misses are scituate, lying and being on the South-side of the High­street commonly called Fleet-street London, over against the Conduit at or next the Corner turning into Salisbury Court there.

In consideration whereof he the said F. R. for himself, his Heirs, Executors and Administrators, doth covenant, promise and grant to and with the said H. D. his Heirs, Executors, Admini­strators and Assigns, and every of them by these presents, That he the said F. R. his Heirs, Executors, Administrators or Assigns, or some of them, shall and will well and truly satisfie, content and pay, or cause to be satisfied, contented and paid unto the said H. D. his Heirs, Executors, Administrators or Assigns, the full Sum of Five hundred and ten pounds of lawful money of England in manner and form following; viz. Ten pounds thereof at the en­sealing and delivery of these presents, the Receipt of which said Ten pounds, the said H. D. doth hereby acknowledge and con­fesse, and thereof doth clearly and absolutely exonerate, acquit and discharge the said F. R. his Heirs, Executors and Administrators for ever by these presents; And the other five hundred pounds re­fidue, and in full payment thereof forthwith and immediately af­ter that he the said H. D. and A. his Wife, their heirs, executors or assigns, shall have levied and acknowledged to the sole and onely proper use and behoof of the said F. R. his heirs, executors, admi­nistrators and assigns, (in due form of Law) such Conveyances [Page 556]and Fine or Fines, of all the premisses with their appurtenances before mentioned or intended to be sold unto him the said F. R. his Heirs, Executors or Assigns, as the Council learned in the Law of the said F. R. his Heirs, Executors, Administrators or Assigns shall reasonably devise, advise or require, without covin or de­lay.

Item, It is agreed between all parties to these presents, That Assurances and Conveyances, and all Fine or Fines hereafter to be had, levied and acknowledged of all the premisses before men­tioned, shall be and enure, and shall be deemed, construed and taken to be and enure, to the sole and only proper use, benefit and behoof of him the said F. R. his Heirs, Executors, Administra­tors and Assigns for ever, and to no other use, intent or purpose whatsoever.

Lastly, It is agreed, That if the said [...] D. doth not travel up in person to the Cities of London or Westminster, for to levy and acknowledge such a Fine or Fines, or other Conveyances, as shall be requisite for the sure setling of the premisses unto the said F. R. his Heirs, Executors and Assigns in form afore-mentioned, then he the said H. D. his Heirs, Executors or Assigns, shall pay and allow unto the said F. R. his Heirs, Executors or Assigns, at the acknowledging of such Fines, the Sum of Ten shillings sterling, for and towards his charges, in procuring of a Writ called Dedi­mus potestatem to enable her the said D. to acknowledge the same Fine in the Countrey. In witnesse, &c.

Bonds to perform Covenants.
A plain Bargain and Sale to be enrolled.

THis Indenture made the [...] day of [...] in the se­venth year of the Reign of our Soveraign Lord Charles, by the Grace of God of England, Scotland, France and Ireland, King, Defender of the Faith, &c. Between J. B. Citizen and Gr [...]r of London of the one part, and J. D. of H. in the County of E. Esq J. S. of Lincolns-Inne in the County of M. Esq J. C. of D. in the County of H. Clerk, and R.D. Gent. second Son of the said J. D. of the other part, witnesseth, That the said J. B. for and in consideration of the Summe of five hundred and thirty pounds of good and lawful money of England, to him in hand paid by the said J. D. the Receipt whereof he acknowledgeth by these presents, [Page 557]hath granted, bargained and sold, and by these presents doth clearly and absolutely grant, bargain and sell unto the said J. D. J.S. J.C. and R. D. their Heirs and Assigns for ever, all that Field or parcel of Land, lying and being in R. in the County of E. commonly called or known by the name of Hilly Field; And all that little Marsh or parcel of Marsh-ground, lying and being at or near the end of the said Field or parcel of Land; And also all that great Marsh or parcel of Marsh-ground, and the little Marsh or parcel of Marsh-ground adjoyning to the same great Marsh in R. aforesaid: All which premisses do contain together by estimation 35 Acres, be they more or less, and are set, lying and being in R. aforesaid, and now or late in the tenure and occupation of T. L. of H. in the said County of E. Esq and the above-named I. D. or one of them, or of the Assignee or Assignees of them, or one of them, and all build­ings, woods and under-woods standing and growing upon the pre­misses, and all wayes, easements, profits, commodities and appur­tenances whatsoever thereunto belonging, and all the reversion and reversions, remainder and remainders, estate and interest of him the said J.B. of and in all and singular the premisses, with all and every their incidents, and all evidences, writings or minuments, of or con­cerning the said Lands and premisses, To have and to hold the said Field, Marshes, Marsh-grounds and premisses before mentioned, with all and every the appurtenances unto the said J.D. J.S. J.C. and R.D. their heirs and assigns, to the only use and behoof of them the said J.D. J.S. J C. and R. D. their heir, heirs and assigns for ever. In witnesse, &c.

Articles for Building.
Articles of Covenant indented, made, concluded and agreed upon the, &c. Between J. F. of, &c. of the one part, and T. B. of, &c. of the other part, as followeth, viz.

FIrst, The said T. B. and C. T. for themselves, their Execu­tors and Administrators, do joyntly and severally Covenant, promise and grant to and with the said I. F. his Executors, Admi­strators and Assigns by these presents in manner and form follow­ing, that is to say, That they the said T. B. and C.T. their Exe­cutors, Administrators or Assigns, or some of them, for the con­fideration hereafter mentioned, shall and will forthwith take down the now dwelling house of the said I. F. scituate and being in St. M. [Page 558]Lane in the Parish of St. M. in the Fields abovesaid, and in the room thereof shall make, erect, build and set up one new Tene­ment or dwelling house to contain 30 Feet and a half in breadth, or near thereabouts, and in length thirty and six feet or near there­abouts, and shall make one Celler of the same length and breadth, and shall make two Rooms upon each floor, the one forward, and the other backward, and shall make the Celler six Foot and a half deep, the Story over the same Celler nine Feet deep, the Story over the same Story nine feet deep likewise; the half Story over the same Story Seven feet and a half deep, and the Garrets over the said half Story, three foot and a half to the top of the raising piece, and shall make one tackof Chimnies to contain ten Fire-Rooms of such largenesse as the Room will conveniently afford, and shall make them sufficient to carry away the smoke without any annoyance; And shall pave the Celler with good and well burned Bricks, and shall lay all the foot paces with green and yel­low Tyles, saving the Cellers which is to be laid with brick, and the Dining-Room which is to be laid with Galley Tyles; and shall make the Walls on the South-side, the Fore-front; and the back-side according to his Majesties Proclamation, and shall pro­vide and set up all manner of Timber to be used about the same Building of good & sufficient scantlings, and shall lay all the Floors with good seasoned Norway Deal Boards well shot and plained, and closely laid and well nailed, and shall make good and easie Staits of Elme-boards, so large & spacious as the Room will afford, and shall well and sufficiently tyle all the said Building with good Tyles, and lath the tyling with hart laths; and shall lay all the Walls, Ciel­ings and Partitions with Lime and Hair, and shall make a good and sufficient batten Deal door towards the Street, and Shop-Windows suteable to the same; and shall set one sufficient Lock and Bolt to the Street Door, one Bolt to the Back-door, and one Bolt to the Celler door; and shall make one sufficient Door to every Room, and hang them with sufficient Hooks and Hinges; and shall make sufficient Casements to all the Windows, that is to say, four in the Dining-Room, two in the next Room over the Dining-Room, two in the half Story, and one in the Garret; one in the Room next over the Celler backward, and one in each Room over the same Room; and shall make all the Windows as large and convenient for light as the Rooms will afford, and shall make such lights for the Stairs in the side-walls as shall be fitting and convenient; and shall make or do, or cause to be made and done, [Page 559]all the Plumbers work and Glasiers work of and belonging to the said Building well and sufficiently, and shall colour all the out­side of the Windows, Doors, shutting Windows and the Posts at the Doors with Oyl of a stone-colour, and the Inner side of the Window of the lower Room backward, and the Inner side of all the Windows of every Room above Stairs with size of the same colour; And shall make cresting boards to every window, and shall make a Pent-house covered with Tyles over the Street-Door and Shop-windows the whole breadth of the fore-front, and shall set up two fair turned Posts at the Street-door with two Benches to sit on, and also shall set up one Vise Board in the shop of Oak, four inches thick, two foot broad, and eight feet long, make one Brick-wall of seven foot high with the Coping, one brick in length thick, and thirty foot long or thereabouts to sever the Yard of the said I. F. from the Yard now in the occupation of L. S. L. and also shall remove the Cole-house now standing in the Yard of the said I. F. from the place where now it standeth to the upper end of the Yard, and also shall make one Shop with a Room or Cham­ber over it, which shall adjoyn up close to the said Cole-house; And the said new Brick-wall which is to be built for the dividing of the said yard; which said shop or shed and Room over it, is to contain in length thirteen feet, in breadth nine feet, and in heighth up to the Eves seven feet, and shall cover it with tyles, and lay all the Walls with Loam and Lime and Hair rendred upon; And shall make one Forge Chimney and a Hearth to it, and a Frame to hang a pair of Bellows on, and shall set up two Vise Boards, the one below, and the other above, such, as the said I. F. shall provide, and shall make two shutting Windows, the one below, and the other above, and hang them with Hinges, and shall make the Floor of the Chamber or Room above of sufficient Joysts and Boards, and shall make a Ladder to go up thereinto with flat steps, and shall find and provide at their costs and charges all and all manner of Tyles, Bricks, Laths, Nails, Lead, Iron, Sand, Lime, Loam, Hair, Scaffolding, Stuff, and all other Materials whatso­ever which shall be fit and needfull to be used in or about the said Buildings, and shall carry away all the Rubbish, Loam and Earth whatsoever, which shall arise by reason of the said building; and also shall make one good and sufficient Gutter to carry the Water out of the yard into the street, and shall and will well and work­man-like frame, erect, set up and finish all the said Building in and by all things that belong to the Works of a Carpenter, Brick­layer, [Page 560]Tyler, Plaisterer, Plumber, Smith and Glasier, at or before the Four and twentieth day of August, now next coming after the date hereof.

In Consideration of which said Building to be done and finish­ed in manner and form aforesaid, the said I. F. for himself, his Executors and Administrators, doth Covenant and grant to and with the said T. B. and C. T, their Executors, Administrators and Assigns by these presents in manner and form following; that is to say, That the said I. F. his Executors, Administrators or Assigns, or some of them, shall and will truly pay or cause to be paid unto the said T. B. and C. T. their Executors, Administra­tors or Assigns, at or in the now dwelling house of A. T. Shooe­makers, scituate and being in St. M. Lane aforesaid, the Sum of One hundred pounds of lawful money of England, at three several payments in manner and form following; that is to say, Thirty three pounds six shillings and eight pence thereof in hand, at and before the sealing and delivery hereof, the receipt whereof the said T. B. and C. T. do hereby acknowledge and confesse, and thereof and of every part and parcel thereof do clearly acquit, exo­nerate and discharge the said I. F. his Executors and Administra­tors, and every of them, for ever by these presents; other Thirty three pounds six shillings and eight pence thereof when the whole Building is framed, the Chimneys set up, and the Roof tyled; and other Thirty three pounds six shillings and eight pence thereof residue and in full payment of the said Summe of One hundred pounds when the whole Building is fully set up and in every re­spect finished. And further, That the said T. B. and C. T. their Executors, Administrators or Assigns, shall have and take to his and their own uses all the Timber, Boards and other Materials whatsoever to be pulled down in or about the said old house, and use so much thereof in the new Buildings as shall be good, sound and serviceable; In witness, &c.

Articles between two Joynt-Purchasers for dividing the Rent, and avoid­ing Survivorship.
Articles of Agreement indented, made, concluded, and agreed upon the day of August, Between P. D. of S. P. C. within the Parish of S. M. in the Fields, in the County of M. Victualler, of the one part, and L. D. of the Parish of S. M. in the Fields afore­said, Citizen and Merchant-Taylor of L. of the other part, viz.

IMprimis, Whereas G. G. of the Parish of St. M. in the Fields aforesaid, G. by his Indenture of Lease bearing date the Ele­venth day of M. in, &c. for the consideration therein expressed, did Demise, grant, and to farm-let unto T. N. then of the City of W. in the said County of M. Taylor, All that piece or parcell of ground, parcel of the Earl of B. Pasture, called Covent Garden and Long Acre, or one of them butted and bounded, and con­taining such length and breadth, as in the said Indenture is ex­pressed, together with all that Messuage or Tenement thereon, or one part thereof, then lately erected and built by the said G.G. con­taining a Kitchin, a Celler, a Shop, and Back-Room over the said Kitchin and Celler, and six Chambers over the same Shop and Back-Room, with Studies and other conveniences thereunto be­longing; Together likewise with a Well, a House of Office, and Crosse Partition-wall then lately built on the said ground, together also with all Lights, Easements, Water-Courses, Profits and Emo­luments whatsoever to the said premisses belonging, and all wayes and passages then used, or which then after shall be laid forth and used, to and for the said new erected Building; all which premis­ses are scituate, lying and being in the Parish of St. M. in the Fields aforesaid; To have and to hold unto the said T. N. his Executors, Administrators and Assigns, from the Feast-day of the Annuntiation of our blessed Lady, Saint Mary the Virgin, then next ensuing the date of the said Indenture of Lease, unto the full end and term of Twenty and one years from thence next ensuing, fully to be compleat and ended, at and for the yearly Rent of six and twenty pounds of lawful money of England payable; as in and by the said recited Indenture of Lease, amongst divers Cove­nants, Grants, Clauses, Conditions and Agreements therein con­tained, more at large doth and may appear: And whereas the [Page 562]said T. M. by his Indenture of Lease bearing date the sixteenth day of M. in the, &c. for the Consideration therein expressed, did demise, grant, and to farm-let unto P. P. of London, Gent. the se­veral Rooms, Chambers, Easements and Commodities in the said Indenture particularly mentioned and set down, being part and parcel of the Messuages or Tenements wherein the said T. N. did then, or of late thentofore inhabit and dwell together, with all Wayes, Lights, Easements, Water-Courses, and amongst others, those that fell in the Common Sewer at that present, through the Tenements that the said N. did then possess, and all Profits, Com­modities and Appurtenances whatsoever, to the said several Rooms and Premisses belonging and appertaining, as the same were then severed, divided, parted and allotted out for the use and occupa­tion of the said P. P. To have and to hold the said Rooms and Premisses unto the said P. P. his Executors, Administrators and Assigns, from the day of the date of the said last mentioned Inden­ture of Lease, unto the full end and term of Fourteen years from thence next and immediately ensuing, and fully to be compleat and ended; At and for the yearly Rent of four and twenty pounds payable, as in and by the said last recited Indenture of Lease, amongst divers Covenants, Clauses, Conditions and Agreements therein contained, more at large also it doth and may appear, the Estate, Right, Title, Interest and Term of years to come of him the said T. N. of, in, and to all the above-recited Premisses, and every part thereof, is lawfully come and vested in the above-named P. D. and L. D. by force and vertue of one Indenture of Assign­ment bearing date the Six and twentieth day of May last past, be­fore the date of these presents, made and granted by the said T. N. unto the said P. D. and L. D. as in and by the said Indenture of Assignment, amongst other things therein also contained, more at large likewise appeareth. And whereas also the said P. D. and L. D. by their Indenture of Lease bearing date the Twentieth day of June last past, before the date of these presents (for the Considera­tion therein expressed) did demise, grant, and to farm-let unto G. D. of the Parish of St. C. D. in the said County of M. Citizen and Painter-stainer of London, all that Messuage or Tenement, be­ing part of the Premisses first above recited, containing the several Rooms particularly in the said last mentioned Indenture expres­sed, with the yard, garden-plat and house of office, and all Lights, Easements, Wayes, Passages, Profits, Commodities and Appurte­nances whatsoever, to the said premisses belonging, or in any wise [Page 563]appertaining, (except out of the said last Demise as in the said Indenture is excepted) to hold the said premisses unto the said G. D. his Executors, Administrators and Assigns, from the Feast of the Nativity of St. John Baptist next ensuing the date of the said last mentioned Indenture of Lease unto the full end and term of Twelve years and half a year, two months and fourteen days from thence next ensuing, and fully to be compleat and ended, at and for the yearly Rent of Thirty pounds payable, as in and by the said last recited Indenture of Lease amongst divers other Covenants, Clauses and Agreements therein also contained, more at large like­wise appeareth. And whereas further the said P. D. and L. D. by one other Indenture of Lease bearing date the Twentieth day of July last past before the date of these presents (for the considera­tion in the same Indenture expressed,) did demise, grant, and to farm-let unto W. H. Citizen and Fish-monger of London, all that Messuage or Tenement with the yard behind the same, and the house of Office in the same yard standing, being parcel likewise of the said premisses first above recited, for the term of twelve years, one half year, two months, and fourteen dayes, commencing from the Feast-day of the Nativity of St. John Baptist last past before the date of the same Indenture of Lease, for and under the yearly rent of Ten pounds and ten shillings, payable likewise, as in and by the said last mentioned Indenture of Lease amongst divers Cove­nants, Clauses and Agreements in the same Indenture of Lease contained more at large also appeareth.

Now it is Covenanted, concluded and agreed by and between the said parties to these presents, and the true intent and meaning of either of them is, That forasmuch as either of the parties above named have disbursed and paid their several equal shares and pro­portions of money for the purchase of the Premisses above recited, that the several Rents of Thirty pounds, Fourteen pounds, and ten pounds ten shillings upon and by the said several mean Indentures of Leases, above recited reserved, (the said yearly Rents of six and twenty pounds, reserved upon the said first recited original Inden­ture of Lease payable to the above named G. G. his Executors, Administrators or Assigns, for all the before recited premisses be­ing first paid and discharged) shall be equally divided and shared between the said parties, parties to these presents, share and share like; and if it shall happen either of the said parties to die before the end and expiration of the term and terms of years in the said several Indentures of Leases before recited, or in any or either of [Page 564]them now to come and unexpired, that then and from thenceforth, it shall and may be lawful to and for the Executors, Administrators and Assigns of the party deceasing, to have, occupy, receive, take and enjoy the full and entire moiety or half-part of all the Rents, Issues and Profits of all and singular the before recited premisses with the appurtenances, in as large and ample manner and form to all in­tents and purposes, as the party so doing should or ought to have done, if he had lived, and were then living, any grant, restraint, provision, statute or ordinance to the contrary notwithstanding, and that neither of the said parties, nor the Executors, Admini­strators or Assigns of them, or of either of them, shall or will at any time or times hereafter take, demand or receive any of the Rents above reserved, or make or give any discharge or acquit­tance of or for the same, or any part or parcel thereof, without the knowledge, assent or consent of the other party, his Executors, Ad­ministrators or Assigns, first had and obtained in Writing under his or their hand or hands.

Item, It is further Covenanted, concluded and agreed unto, by and between the said parties to these presents, That neither of the said parties nor the Executors, Administrators or Assigns of them, or of either of them, shall or will at any time or times hereafter, grant, bargain, sell, assign, surrender or set over his or their estate or estates, right, title, interest, term and terms of years to come of, in or to all or any part of the before recited premisses with the appurtenances, to any person or persons whatsoever, without the knowledge, consent or refusal of the other party first had, (he pay­ing as much as any other shall or will give and pay (bona fide) for the same) or shall or will take or endeavour to take any new Lease for years, lives or otherwise, or any other grant whatsoever of the before recited premisses, or any part or parcel thereof in reversion after the expiration of the term of years they now have and enjoy in the said recited premisses, by force and vertue of the said first recited Indenture of Lease made from the said G. G. to the said T. N. as aforesaid, either from the said G. G. his Executors, Ad­ministrators or Assigns, from the Right Honourable the Earl of B. his Heirs or Assigns, or any other immediate Tenant or Farmer, claiming from, by or under them or any of them, without the knowledge, assent, consent or refusal likewise of the other party, his Executors, Administrators or Assigns, in Writing under his or their hand or hands, or before sufficient Witnesses first had and ob­tained.

[Page 565]Lastly, It is Covenanted, concluded and fully agreed upon, by and between the said parties to these presents, That all and every the several Deeds and Writings before recited, shall be reputed, deemed and taken to be and enure to the joynt use and uses, bene­fits and commodities of both the said parties, their Executors, Ad­ministrators and Assigns, and to no other use, intent or purpose whatsoever, and that the party, his Executors, Administrators or Assigns, so keeping the same Writings, shall and will upon the rea­sonable request or requests of the other party, his Executors, Admi­nistrators or Assigns, at all times hereafter produce and bring forth, and be ready to shew all & every, or so many of the same Writings that shall be required at his or their hands, either for the producing and getting of a further time or title, of and in all or any part of the before recited premisses, or for the maintenance of the title of the premisses, (if it should be questioned) as for the sealing and conveying away of all his or their estate or interest, of and in the moiety of all or any part of the said recited premisses without co­vin or delay. In witness, &c.

Articles to surrender Copy-hold Lands, till the Surrender can be had.
Articles of Agreement indented, had, made, concluded and agreed upon the day of January, Between P. C. of B. in the County of W. gent. of the one part, and H. H. of M. T. L. gent. of the other part; as followeth.

IMprimis, Whereas the above named P. C. now standeth law­fully seized in his demeasn, as of see according to the custome of the Mannor of B. aforesaid, after the decease of T. C. Widow, of and in one Copy-hold or Customary Messuage, together with a Garden, Back-side, Out-house and other appurtenances there­unto belonging, scituate in the upper street in B. aforesaid, and parcel of the aforesaid Mannor. And whereas the said P. C. is now possessed of the aforesaid Messuage and premisses with the appurtenances, by demise from the said T. C. for a certain term ending at the Feast of St. Michael the Arch-Angel, next ensuing the date above written, The said P. C. doth for himself, his Heirs, Executors, and Assigns, covenant, grant and agree to and with the said H. H. his Executors and Assigns by these pre­sents, That he the said P. C. on this side, and before the first day [Page 566]of Easter Term next ensuing, shall at the costs and charges of the said H. H. convey, assign and set over unto the said H. H. and his assigns, all the present estate, title and interest of the said P. of, in and to the said Messuage and Premisses, and every part and parcel thereof with the appurtenances, and shall and will put the said H. H. or his assigns in peaceable possession thereof, and that the same shall be then in as good plight and repair, as now they be.

Item, The said P. C. for and in consideration of the Summe of Ten pounds of lawful money of England, by the said H. H. unto the said P. C. well and truly paid, whereof the said P. doth acquit and discharge the said H. by these presents, as also for and in con­sideration of the Summe of One hundred pounds of like money to be paid by the said H. to the said P. as hereafter in these pre­sents is limited, doth for himself, his Heirs, Executors and Assigns, and every of them, Covenant, grant and agree to and with the said H. H. his Executors and Assigns by these presents, That he the said P. C. and S. his Wife, shall and will before and on this side the said first day of Easter Term next ensuing, by usual names surrender according to the custom of the said Mannor, into the hands of the Lord of the said Mannor, the aforesaid Messuage and premisses with the appurtenances, and all their estate, posses­sion, reversion, remainder, right, title and interest therein, to the use and behoof of the said H. H. his heirs and assigns for ever, and that he the said P. hath now good right and title to the said Mes­suage and Premisses, with the appurtenances, and a good estate therein in Fee-simple, according to the custom of the said Mannor after the decease of the said T. C. and shall make and give unto the said H. H. such assurance and security for the quiet enjoying of the Premisses, as the said P. hath had, made or given unto him by W. W. of whom the said P. lately purchased the same, and shall and will assign over to the said H. by such wayes or means, as by him or his Council learned in the Law, shall be reasonably devised, advised and required, all Bonds, and other collateral Se­curity, which the said P. now hath, for the safe and free enjoying of the premisses, or any part thereof.

Item, The said H.H. doth for himself, his Heirs, Executors and Assigns, covenant, promise and grant to and with the said P.C. his Executors, Administrators and Assigns, and every of them by these presents, That he the said H H. or his assigns, shall and will upon the aforesaid Surrender made by the said P. and S. his wife, and the peaceable possession delivered of the premisses in such good plight [Page 567]and repair as they now be according to the true intent and mean­ing of these presents, pay, content and satisfie unto the said P.C. or his assigns, the whole and just Summe of one hundred pounds of lawful money of England.

Item, It is agreed between the said parties to these presents, That the said H. H. shall buy of the said P. C. such moveables as now be in the said Messuages and Premisses, or that he shall be pleased to leave there at such rates, as two men to be by the said P. and H. in­differently chosen shall appraise the same, and that the said H. H. shall pay unto the said T. C. all Rents that shall grow due unto her for the premisses, from the day of the date of these presents; In witness whereof the parties above named to these presents, have inter­changeably set their hands and seals the day and year first above written.

An Indenture of Covenants to stand seized to uses, in consideration of Marriage, &c.

THis Indenture made the [...] day of January, in the year of the Reign of our Soveraign Lord Charles, by the grace of God of England, Scotland, France, and Ireland King, Defender of the Faith, &c. the Second, between J.F. of D. in the County of D. Gent. of the one part, and N.G. of W.K. in the said County Yeo­man, J S. of S. in the said County Yeoman, and W.B. of S. ofore­said, Yeoman, of the other part, witnesseth, That for and in consi­deration that the said J.F. hath married A. the Daughter of the said N.G. and by her Issue hath one Son, and to the intent to provide and establish some certainty of living and livelihood to be had and enjoyed by or unto the said A. after his decease, and for the esta­blishment of some part and portion of those inheritances as is de­scended unto him the said J.F. from his Ancestors, unto his said son J. begotten on the body of the said A. and unto such other Issues as it shall please God to send him of the body of the said A. for the na­tural affection and Fatherly love he beareth unto the said J. and other Issues he may happen to have of the body of the said A. and to the intent that she the said A. may be the better able to bring up, educate and help the said J. his Son, and such other Child or Chil­dren as he shall happen to have by the said A. when it shall please God to call the said J. F. out of this mortal life, if it shall chance that she shall over-live the said J. F. doth by these presents, cove­nant, grant, agree to and with the said N.G. J.S and W B and to and with every of them, that he the said J.F. his Heirs and Assigns, [Page 568]and every of them, shall and will from henceforth stand and be sei­zed of and in one Messuage or Tenement, and Cottage, with all and singular the appurtenances, set, lying and being in S. in the Parish of B. R. now in the Tenure of J. L. under the yearly Rent of Ten shillings, one other Cottage, parcel of the said Tenement, now in the tenure of one W. D. under the yearly Rent of five shil­lings, and of and in one other Messuage or Cottage, parcel also of the said Tenement, now in the Tenure of one C.B. and the yearly Rent of Four shillings, and of and in all those several Messuages or Cottages, adjoyning to the Farm of D. that is to say, one Cot­tage and Mault-Mill garden, and an acre and half of pasture, now in the tenure of A. F. Widow, under the yearly Rent of Four shil­lings, and of and in one other Messuage or Cottage, and Orchard, and an acre and a half of pasture now in the tenure of one J. D. under the yearly Rent of five shillings and four pence, and of and in that other Messuage or Cottage, and Garden thereunto, now in the tenure of B. B. Widow, under the yearly Rent of Four shil­lings, and of and in all that other Cottage called T. now in the tenure of [...] A. under the yearly Rent of Four shillings, and of all that other Messuage or Cottage now in the occupation of R. W. under the yearly Rent of Four shillings, and of and in all and singular the Reversions and Reversion, Remainders and Re­mainder, Rent and Rents, of, in, to, or out of all the Lands, Te­nements, Messuages and Hereditaments aforesaid, or any of them, and of and in any other his profits, commodities and advantages whatsoever, to the said Lands, Tenements and Hereditaments, or any of them belonging, or in any wise appertaining, or had, used or occupied in or upon the same, to the only proper use and be­hoof of the said J. F. for and during his natural life, without Im­peachment of any manner of wast, and from and after his decease to the only use and behoof of the said A. during her natural life; and from and after her decease to the only proper use and behoof of the said J. Son of the said J. F. the Father, for and during his natural life, and after his decease to the use and behoof of the said J. F. and the heirs of the body of the said A. by the said J. F. law­fully begotten, or to be begotten; and for default of such Issue, to the use of the right heirs of the said J. F. the Father for ever, and it is covenanted, granted and fully agreed by these presents, by and between the said parties to these presents, and every of them, their, and every of their heirs and assigns, That all and every grant, Feoffment, Fine, Recovery and other conveyance, assurance, assu­rances and conveyances whatsoever, to be had, made or executed [Page 569]by the said J. F. his heirs and assigns, or any of them within the space of five years next ensuing, of or concerning the said Lands, Tenements, and other the premisses aforesaid; or of or concern­ing any part or parcel thereof, at all times hereafter shall be ad­judged, deemed and taken to be onely to the intents, uses and purposes in these presents mentioned and expressed, and to no other uses, intents or purposes: Provided alwayes, and it is agreed between the said parties to these presents, That it shall and may be lawful to and for the said N. G. J. S. and W. B. or the Survivors of them, whereof the said J. F. to be one, at all and every time and times, and from time to time, during the life of the said J. F. at the will and pleasure of such of them four, three or two of them which then shall be living, whereof the said J. F. to be one by their Deed or Writing, indented of all them which then shall be living, be it four, three or two of them, so that the said J. F. be one of them, or such of them as shall be parties to the same sealed and subscribed, to alter, determine, diminish, change or enlarge any or all the aforesaid use and uses before de­clared of the premisses, or any part thereof, the use and estate be­fore limited, declared or appointed to the said A. wife of the said J. F. for the term of her life only excepted, and by the same, or any other such writing indented, sealed and subscribed, as is aforesaid, to limit and appoint, give or grant, the use or uses of the premis­ses, or any part thereof to the said persons, or any of them, or to any other person or persons in Fee-simple, fee-tail, for life, lives or years, or otherwise, and that after such alteration, determina­tion, enlarging, limitation or appointing of any the use or uses aforesaid, or of any parcel thereof, the use only of such and so much of the premisses, whereof any such alteration, determina­tion or enlarging of any use or uses aforesaid, shall be, as is afore­said, had or made, shall be, and shall be deemed and adjudged to be to such, and those person and persons, and to such and those use and uses, and in such and the same manner and form, as by such Writing subscribed and sealed, as is aforesaid, shall be declared only, and to any other or others, person and persons, use or uses, or in any other manner or form, any thing in these presents con­tained to the contrary notwithstanding, alwayes saving and pre­serving the said use and estate before limited and declared to the said A. for the term of her natural life, as is aforesaid, &c.

An Assignment of a Bond by way of a Collateral Security.

KNow all men by these presents, That whereas T. M. of the Parish of clendon in the County of Wilts Gent. and W.M. of the Parish of Cheredon in the said C. of Wilts, gent. by their Obliga­tion dated the, &c. stand joyntly and severally bounden unto me H. T. Citizen and Salter of London, in the penal Sum of one hun­dred pounds of good and lawful money of England, with condition thereupon endorsed for payment of Fifty and two pounds of like good and lawful money on the, &c. next ensuing the date of the said Obligation, as by the same it doth and may appear. Now I the said H. T. for the better security of the like debt, for which I have given bond, and for other good causes and considerations me here­unto moving, do by these presents make, constitute, ordain, and in my stead and place put and authorize D. M. of the Inner-Tem­ple London, Gent. my true and lawful Deputy and Attorney irre­vocable for me and in my name, but to the sole use and behoof of my said Attorney, his Executors, Administrators and Assigns, to ask, demand, receive and take of them, the said T. M. and W. M. or either of them, their or either of their Executors, Administrators or Assigns, the said Sum of Fifty and two pounds; and for non­payment thereof, giving, and by these presents granting unto the said D. M. by the tenor hereof, my full, whole and absolute power and authority in the execution of the premisses, the said T. M. and W. M. or either of them, their or either of their Heirs, Executors or Administrators, in my name or the name of my Executors or Administrators to arrest, sue, implead, imprison and condemn, and prosecute in any Court or Courts whatsoever, and them or any, or either of them out of Prison to release as precisely as the Law will it permit for recovery of the said debt and penalty. And upon recovery and receipt thereof to deliver up the said Obligation to be cancelled, and finally to do all and every other lawful act what­soever for recovery o [...] the said debt and penalty or any part there­of, without yielding any accompt thereof, or therefore, as to my said Attorney shall seem meet and expedient, as fully and effectual­ly as I my self might or could do, or cause to be done in or about the premisses. And moreover, I the said H. T. do by these presents covenant and promise to and with the said D. M. his Executors and Administrators, that at the day of the date of these presents I have not done, or [...] or suffered to be done any act or thing whatso­ever, [Page 571]whereby the said recited Obligation is any manner of wayes released or discharged, and that neither my self, my Executors or Administrators shall or will at any time hereafter release or dis­charge the same, or cause, or suffer the same to be released or dis­charged without the privity and consent of him the said D. M. his Executors or Administrators, in that behalf first had and obtained; Provided nevertheless, That if T. W. of, &c. in the C. of, &c. Yeo­man, his Executors, Administrators or Assigns, shall and do well and truly satisfie, pay and discharge one Obligation of one hundred pounds, bearing date the, &c. of, &c. last past, wherein and where­by the said T. W. standeth bounden unto A. W. of, &c. aforesaid, Spinster, with condition for payment of Fifty one pounds and ten shillings of lawful money of England, on the first day of, &c. next ensuing; that then these presents to be revocable, and shall be ut­terly void and of none effect, any thing herein contained to the contrary in any wise notwithstanding. In witness whereof I the above named H. T. have hereunto set my hand and seal the, &c. in the, &c.

A grant of the moiety of an Annuity during life.

THis Indenture made the, &c. in the year of our Lord God, 1652. between A. B. of the Parish of &c. in the County of K. Esq the eldest Son of K. B Widow, the late wife of Sir R. B. Knight, deceased, and S. the wife or the said A. of the one part; and Sir G. H. of C. in the said C. Knight, of the other part, witnesseth, That the said A. B. and S. his wife, for and in consideration of the Sum of 300 l. of lawful English money to them in hand paid by the said Sir G H. at and before the ensealing and delivery of these presents, the receipt whereof and themselves therewith fully satisfied and paid, they the said A. B. and S. his wife do hereby acknowledge, and thereof do release, acquit, and for ever discharge the said Sir G. H his Heirs, Executors and Administrators, by these presents have granted, bargained, sold, aliened, released and confirmed, and by these presents doth fully and absolutely grant, bargain, sell, alien, release and confirm unto the said Sir G. H. one annuity and annual Rent of 50 l. by the year, being the moiety or half part of one en­tire annuity or annual Rent of 100 l. by the year, arising, due or payable to the said A. B. out of the Rectory or Parsonage impro­priate of E. in the said C. of K. with the appurtenances, or out of any part or parcel thereof, or out of all or any of the Messuages, Houses, Barns, Stables, Buildings, Yards, Courts and Gleab-lands, [Page 572]Tithes, Oblations, Obventions, Emoluments, Rents, Corn-rents reserved, or other Rents, Fruits, Commodities, Profits or Advan­tages whatsoever to the said Parsonage and Rectory belonging; To have and to hold the said Annuity or annual Rent of 50 l. herein before mentioned to be bargained and sold unto the said Sir G.H. and his assigns from the, &c. of, &c. last past before the date of these presents, for and during the natural life of the said Sir G.H. or for the term of Fourscore years, if he the said Sir G.H. shall happen so long to live, in as large, ample and beneficial manner to all intents and purposes, as he the said A. B. and S. his wife, or either of them, now hath, ever had, or could, or might, or can, or may in any wise grant, bargain, sell or release the same, and to the only use and behoof of the said Sir G.H. and his assigns, and to no other use or purpose. And the said A. B. and S. his wife, the said annual Rent of 50 l. herein before mentioned, to be bargained and sold by the year, against themselves and all other persons lawfully claiming, or to claim the same or any part thereof, by, from, or under them or either of them unto the said Sir G.H. and his assigns shall and will warrant and defend by these presents. And the said A. B. and S. his wife, do for their said lives, and either of them, their, and either of their Heirs, Executors and Administrators, and every of them, covenant, promise and grant, to and with the said Sir G. H. his Heirs, Executors and Assigns, and every of them by these pre­sents, in manner following, that is to say, that they the said A. and S. or one of them, for and notwithstanding any act or thing by them, or either of them heretofore done or suffered to the contrary, have or hath in themselves, or any of them, at the time of the en­sealing of these presents, good right, and lawful authority to grant, bargain, sell and release unto the said Sir G. H. and his assigns, the said annual Rent of 50 l. by the year, in such manner and form as is herein before mentioned and expressed. And further, That the said Sir G.H. and his assigns, shall or lawfully may during the natural life of the said Sir G. H. or the term of, &c. if the said Sir G. H. shall so long live, peaceably and quietly have, hold, enjoy and receive, attain and keep the said annual Rent, or Sum of 50 l. by the year before granted, without the lawful let, sute, trouble, denial or disturbance, of or by the said A. B. and S. his wife, or either of them, or any other person or persons lawfully claiming by, from or under them, or either of them, their or either of their estate, right or title. And further, That the said bargained premisses were, are, and be, and so shall remain and continue to the said Sir G. H. and his assigns, during the natural life of the said [Page 573]Sir G. H. or the term of Fourscore years, if the said Sir G.H. shall so long live, free and clear, and freely and clearly acquitted and discharged, or else by the said A.B. and S. his wife, or one of them, their or one of their Heirs, Executors or Administrators, sufficiently saved harmlesse and indemnified of and from all manner and other gifts, grants, bargains, sales, estates, leases, joyntures, dowers, sta­tutes, judgments, recognizances, titles, troubles and incumbrances whatsoever at any time heretofore had, made, committed or suffer­ed, or hereafter to be had, made, committed or suffered by them the said A. B. and S. his wife, or either of them: And the said A.B. and S. his wife, do for themselves, their Heirs, Executors and Administrators, and every of them, covenant and promise to and with the said Sir G. H. his Executors, Administrators and As­signs, and every of them by these presents, That they the said A. B. and S. his wife, and all and every other person and persons now having or lawfully claiming, or which shall or may hereafter have or claim any lawful estate, right or title in or unto the said bargained premisses or any part thereof, by, from or under them the said A. and S. or either of them shall and will at all times du­ring the space of five years next after the date of these presents, if the said Sir G. H. shall so long live, at and upon the reasonable request, and at the proper costs and charges in the Law of the said Sir G. H. and his assigns, make, acknowledge and execute to the said Sir G. H. and his assigns, all and every such further and other lawful and reasonable act and acts, device, conveyance and assu­rance in the Law whatsoever, for the better holding and enjoying of the said 50 l. per annum herein before granted, according to the true meaning of these presents, as by the said Sir G. H. and his assigns, or any of them, his or their Council learned in the Laws of this Nation shall be in that behalf advised or devised and requi­red, so that such person and persons who are to make such further assurance as aforesaid, be not therein compelled to travel further than to the City of London and Westminster. Which said other assurance so to be had and made as aforesaid shall be and enure, and shall be adjudged and taken to be and enure; and by the said par­ties is hereby so declared to the only use and behoof of the said Sir G.H and of his assigns, and to none other use or purpose whatso­ever. In witnesse whereof, &c.

Articles of Agreement for the holding Copy-hold Lands from year to year, from the term of, &c. at a certain Rent, &c.
Articles of Covenants and Agreement, bad, made and agreed upon the, &c. day of, &c. in the, &c. between R. C. of, &c. in the County of, &c. husbandman, E. his wife, P.C. their son, and I. B. of, &c. in the said C. husbandman of the one part, and T.P. of, &c. in the said C. Yeoman, of the other part, viz.

WHereas the said R.C. by certain Articles of Agreement in­dented bearing date the, &c. in the, &c. year of, &c. made between the said R.C. and P.C. of the one part, and the said I. B. of the other part, did for the Considerations therein mentioned, covenant, promise and grant to and with the said I. B. his Execu­tors and Assigns, That he the said I. B. his Executors and Assigns, and every of them should have and enjoy from the date of the said Articles from year to year, every year for and during the term of Twenty five years then next and immediately following, accord­ing to the custome of the Mannor of, &c. all and singular the Lands, Meadows, Pastures, Feedings, Commons and Appurte­nances belonging to a customary or Copy-hold Tenement, with the Back-side, Barns, Stables, and Stalls thereunto belonging, and the West-end of the dwelling-house, and the Room over-head, then in the possession of one S.S. except and alwayes reserved un­to the said R. C. and P. C. and every of them, their assignee or assigns, all the other part of the dwelling-house, then in the posses­sion of the said R. C. and P.C. with the Garden and one Cow-Pasture, and five acres of Arable Land, whereof one acre and hal­lyeth at a place called the Quarre, one acre by the piece in the East-field, half an acre in Rudlands in the same Field, one acre in the West-Rowden, and one acre called Cecelies, with free ingress egress and regress thereunto at all times and seasons convenient without the lawful let, disturbance or interruption of him the sai [...] J. B. his assign or assigns, if they the said R.C. and P.C. or ei­ther of them shall happen so long to live; and likewise should have and enjoy during the said term limited as aforesaid, the u [...] of the Eastern part of the Back-side as it was then divided and ap­pointed; all which recited premisses belongeth unto one custo­mary or Copy-hold Tenement with the appurtenances in, & [...] [Page 575]aforesaid, parcel of the Mannor of, &c. abovesaid, which the said R. C. then had and enjoyed during his natural life, according to the custom of the said Mannor, the Remainder whereof after the decease of the said R. being expectant unto the said P. his Son by way of succession according to the said Custom, as in and by the said Articles of Agreement amongst other Covenants and agree­ments therein also contained at large it doth and may appear; It is now concluded and agreed by and between the said parties to these presents, touching and concerning the premisses in manner and form following; that is to say, First the said J. B. for himself, his Heirs, Executors and Administrators, and every of them, doth covenant, promise and grant to and with the said T.P. his Execu­tors and Assigns by these presents, That he the said T.P. his Execu­tors and Assigns, and every of them, for and in consideration of the Sum of 20 l. of lawful money of England, (to be paid to the said I. B. by the said I. P. in manner and form hereafter expressed) shall and lawfully may for and notwithstanding any act or deed that the said I. B. hath done to the contrary, have and enjoy from and after the day of the date hereof from year to year every year, for and during the term of ten years then next and immediately following, according to the custom of the said Mannor of, &c. all and singular the recited premisses mentioned in the said recited Articles of agreement (except as is therein excepted) if they the said R. C. and P.C. or either of them so long shall happen to live without the lawful let, disturbance or interruption of him the said I.B. his assign or assigns.

And the said T. P. for himself, his Executors, Administrators and assigns doth covenant, promise and grant to and with the said I. B. his Executors, Administrators and Assigns by these presents; That he the said T. P. his Executors, Administrators and Assigns, shall and will well and truly pay or cause to be paid unto the said I. B. his Executors, Administrators and Assigns for the Rent of the said premisses for the said Ten years, the Sum of 20 l. of lawfull money of England, that is to say 10 l. thereof at the Feast day of the Birth of our Lord Christ now next ensuing the date hereof; and the other 10 l. residue of the said Sum of 20 l. on the Feast day of the Nativity of St. John the Baptist now next also ensuing the date hereof; and that he the said T. P. his Executors or Assigns, nor any of them shall sell, cut down, top, lop, or shrowd any the Trees or quit-sets growing upon the recited premisses.

Item, The said R. C. and P. C. for themselves, and either of [Page 576]them for himself, their Executors and Administrators, and every of them doth covenant, promise and grant to and with the said T.P. his Executors and Assigns by these presents, That he the said T.P. his Executors and Assigns, and every of them (for and in considera­tion that they the said R. C. and P.C. are indebted unto the said T. P. by Obligation in the Sum of 10 l. with condition thereunto for payment of 20 l. which Obligation is become forfeited, and which is now delivered up to the said R. C. and P.C. at the ensealing and delivery hereof to be cancelled) shall and may likewise have and enjoy, from and after the date hereof from year to year every year, for and during the said term of Ten years then next and immedi­ately following, according to the custome of the said Mannor of, &c. the Milk-house parcel of the said customary or Copy-hold Tenement, the Chamber over the Kitchin, and also the Barn, Stable, and all other the Out-houses whatsoever, to the said custo­mary or Copyhold Tenement belonging, together with the use of the Kitchin and Back-side in common with the said R. C. and P.C. And further, That the said T.P. his Executors and Assigns, for the consideration aforesaid, shall and may likewise have and enjoy during the said term, the said recited five acres of Arable Land so excepted and reserved unto the said R. C. and P.C. their assign and assigns amongst other things out of the said recited Articles of agreement as aforesaid (so as the said R. C. and P. C. and their assigns, shall and may have two acres thereof yearly, the one to be sowen to Wheat, and the other to Barley: The said R. C. and P. C. finding the Seed yearly, but to be dunged with the Fold, eared and sowen by the said T.P. his Executors and Assigns, in as good sort, manner and form as the said T. P. drudge, ear and sow his own Land) and together also with free ingress, egress and regress thereunto at all times and seasons convenient, without the lawful let, disturbance or interruption of the said R. C. and E. his wife, and P. C. or any or either of them, if they the said R. C. and P. C. or either of them shall happen so long to live: And further also, That it shall and may be lawfull to and for the said T. P. his Executors and Assigns, to have and enjoy all other the premisses herein mentioned according to the Covenant herein made by the said J. B. without any let, contradiction or denial of them the said R. C. and E. his wife, P. C. or any or either of them.

Item, It is further concluded and agreed, That if the said R. C. [Page 577]shall happen to decease before the end of the said Ten years, and that the said E. his wife shall be then living, whereby the said pre­misses shall come unto her during her Widowhood, according to the custome of the said Mannor of, &c. that then she the said E. shall and will permit and suffer the said T. P. to hold and enjoy all the said premisses, during the remainder of the said ten years that shall be then to come next after the decease of the said R. if she shall so long live and continue a Widow.

Item, It is also concluded and agreed, That the said R. C. and P. C. or one of them or their Assigns, shall and will satisfie and pay or cause to be paid all Rents, Duties and other payments whatsoever hereafter to be due, payable or issuing out of the pre­misses, and thereof discharge and acquit the said T. P. his Execu­tors and Assigns during the said term; and shall and will also during the said term; repair and amend as well all the houses and Buildings in and upon the premisses, as also every the Hedges and Fences of the premisses during the said term.

And the said T.P. for himself, his Executors, Administrators and Assigns, and every of them, doth covenant, promise and grant to and with the said R.C. and P. C. and either of them, their Execu­tors, Administrators and Assigns by these presents, That it shall and may be lawful notwithstanding these presents, to and for the said R. C. and P.C. and their assigns, to have and enjoy the Corn and Grain now growing and being in and upon the premisses for this Summer season at times convenient, with free ingresse, egresse and regresse, to cut, mow, carry away, and house the same in the Barn of the customary Tenement, and, to use the said Barn for the thrashing out of the said Corn and Grain untill the Feast of, &c. next ensuing.

Item, It is also agreed by and between the said parties to these presents, That it shall be lawful to and for the said T.P. his Execu­tors and Assigns in the end of the said term, or determination of these presents, to have and enjoy the corn and grain that shall be then growing and being in and upon the premisses or any part thereof, with free ingresse, egresse and regresse, to cut, mowe, carry away, and to house the same in the Barn of the said customary Te­nement, and to use the said Barn for the thrashing out of the said corn and Grain until the Feast of, &c. then after ensuing.

Item, It is also agreed, That the said T. P. his Executors and Assigns, shall and will in the end of the said term lay in, haine the [Page 578]Meadows and grounds of the premisses the first day of May, and so leave the same unto the said J. B. without suffering the same to be eaten with Cattel or spoiled; and shall and will spend all the Straw and Fodder in and upon the premisses, that shall be yearly made in and upon the premisses, and not elsewhere; and shall and will also allow unto the said R. C. and P. C. an hundred and half of Reed yearly to be laid upon the houses of the said premisses; And for performance of all and singular the Covenants and Agree­ments aforesaid, on the part and behalf of the said R. C. and P. C. or either of them to be performed, they the said R. P. and P. C. do bind themselves, their Heirs, Executors and Administrators unto the said T. P. his Executors and Administrators, in the Sum of 80 l. of lawful money of England, firmly by these presents. In witnesse, &c.

An Obligation and a Condition from a Bayliff and his Sureties, to a High-Sheriff.
Know all men by these presents, That we A. B. C. D. E. F. of, &c. in the County of, &c. G. H. of [...] in the County of, &c. and J. K. of, &c. in the County aforesaid [...] do hold our selves to be firmly bound unto L. M. High-Sheriff of the County of, &c. aforesaid, in, &c. pounds of good and lawfull money of England, To be paid to the said High-Sheriff, or to his certain Attorney, Execu­tors, Administrators or Assigns; To which payment well and truly to be made we bind our selves, and every one of us by our selves for the whole, and in the whole, our Heirs, and Administrators firmly by these presents; sealed with our seales. Dated the, &c. in the year of our Lord, &c.

THe Condition of this Obligation is such, That whereas the above-named, &c. Esq High Sheriff of the County of, &c. aforesaid, hath made, assigned, constituted, ordained and established the above-bounden, &c. Bayliff of the, &c. for and during all such time as the said, &c. shall be and continue High-Sheriff of the said County: If therefore the said, &c. during all the time aforesaid, do well and truly execute all warrants, precepts, process, and com­mandments to him hereafter to be directed from the said, &c. and, &c. Gent. his Under-Sheriff, his or their Deputy or Deputies, and due and sufficient returns do well and truly make, and also do give [Page 579]notice of the execution thereof unto the said High Sheriff, or Un­der-Sheriff in convenient time, before the returns of the same, and the fees of them, and of and for every other cause, matter or thing whatsoever happening within the said, &c. due and payable within one month next after the receipt thereof, do pay or cause to be paid to the said High-Sheriff or under-Sheriff, his or their Deputy or Deputies; And that the said, &c. do not ask or levy any Fee or Fees due to the said High-Sheriff, or Under-Sheriff, for the execu­ting or doing of any warrant or precept whatsoever, but such as are warranted and justifiable by the Laws, Statutes and Customs of this Nation; And do also well and truly execute, and return all Warrants, Precepts, Distring. of Fieri facias, and process to him directed from the Justices of Assize and Goal-Delivery, Justi­ces of Oyer and Terminer, Justices of the Peace, Coroners, Com­missioners of the Sewers, Clerk of the County, and from all other Officers, Commissioners, and Ministers of the Kingdom, having authority during all the time aforesaid, and further do levy and gather all such Sums of money as the said High-Sheriff shall be charged with by reason of the said Office, and leviable within the said, &c. being written or extracted to the said Bayliff from the said High-Sheriff or Under-Sheriff, and do pay or cause to be paid to the said High-Sheriff or Under-Sheriff, the Sums of money within one moneth after the receipt of the said extract or writing; And also if the said Bayliff do well and truly pay, or cause to be paid to the said High-Sheriff or Under-Sheriff the Sum of, &c. of lawful money of England, for the Fee-farm of his, &c. and all other Rents and Fee-farms at the Feast of the Aununtiation of the blessed Virgin Mary, and St. Michael the Arch-Angel, by even and equal portions, due to the King within the said, &c. And also if the said Bayliff do deliver, or cause to be delivered in writing unto the said High-Sheriff, or Under-Sheriff, before, &c. next coming, the names of all such Free-holders within the said, &c. which have Four pounds per annum Free-hold, or more, together with the names of the Towns wherein they dwell, and also the names of the Towns, Villages and Hamlets within the said, &c. And the Towns and Villages which ought to have Return and Execution of Writs: And also if the said Bayliff shall give his personal Attendance upon the High-Sheriff and Under-Sheriff, as well at the County Court, and such general Quarter-Sessions which the Bayliff of the said, &c. have usually in former times attended; as also at all other times when the said High-Sheriff or Under-Sheriff shall require his attendance, and shall carefully and diligently do and execute [Page 580]whatsoever he shall be lawfully required to do at Assizes, Goal-Deliveries, County-Court, Quarter-Sessions, Coroners, Enquest, and all other Services to be done for the Kingdom, and all and every person and persons whatsoever, and at all and every time and times, upon every reasonable request to him in that behalf to be made; And also shall be attendant upon the said High-Sheriff and Under-Sheriff, his or their Deputy or Deputies, and Officers in and about conveying of prisoners to and from the Goal, &c. or to and from any place or prison whatsoever, to be appointed by the said High-Sheriff or Under-Sheriff, And also at the Execution of prisoners aforesaid, and not to depart before Execution of the pri­soners fully be had and done, and shall well and truly execute the Office of a Bayliff in all things during the said time. And if the said Bayliff do take any distress upon every Alias or Plures Distrin­gas, which issue, and be directed to him out of the County-Court, to be holden for the said High-Sheriff, and do make due and law­ful Returns of the same, and do safely keep such distresse so taken, for the use of the said High-Sheriff, in case the same be forfeited: And also if the said, &c. his Executors and Administrators, do at all and every time and times hereafter, defend, save, keep harmlesse and indemnified the said High-Sheriff, and his Under-Sheriff, his and their Heirs, Executors and Administrators, and every of them, and his and their Lands, Goods and Chattels, as well from and against the King and all and every person and persons whatsoever, concerning the premisses, or any part of them; and also for and concerning the escape or escapes of any prisoner or prisoners, that shall be in the custody of him the said, &c. within the said County, by him arrested, to him hereafter to be committed upon any War­rant, Precept or Commandment from the said High-Sheriff or Under-Sheriff; And for and concerning every other matter, cause or thing whatsoever appertaining to his said Office, and the Secrets of the said High-Sheriff shall keep undisclosed and unrevealed, in all things that are lawful, and shall also within convenient time deliver, or cause to be delivered, all Precepts, Warrants and Ex­tracts to other Bayliffs of the said County, according to the Di­rections he shall receive from the said High-Sheriff, or Under-Sheriff, or any other, by his or their commandment or appoint­ment; Then this present Obligation shall be void and of none effect, or else shall stand, remain, and be in full force, power, effect and vertue.

A Condition to save harmless for payment of several Legacies.

THe Condition of this Obligation is such, That whereas M. D. late of St. I. in the County of M. Widow, deceased, by her last Will and Testament in Writing, bearing date the, &c. of, &c. in the year of our Lord God, &c. did amongst other Legacies and Bequests, give and bequeath unto J.S. the Son of the within boun­den W.S. &c. of lawful money of England, and to T. S. Daughter of the said W.S. one Pewter-platter, one Pewter-Dish, three Pew­ter Saucers, and five shillings of lawful money of England, and also to S.S. another of the said Daughters of the said W.S. five shillings of like money, as by the same Will more at large appeareth; which said Sums of five shillings a piece, Pewter-platter, Pewter-Dish, and three Saucers, the within named J. S. Executor of the last Will and Testament of the said M. D. hath at the request of the said W. S. at and before the sealing and delivery hereof, paid, delivered and disbursed unto the said W.S. for the use and behoof of the said J.S. his Son, T. and S. his Daughters: If therefore the said W. S. his Executors and Administrators, and every of them, do from time to time, and at all times hereafter freely and clearly acquit, exonerate and discharge, or otherwise well and sufficiently save, defend and keep harmlesse the said J. S. his Executors and Administrators, and every of them, and all and every of his and their Lands, Tene­ments, Goods and Chattels, as well of, from, and against the said J.S. T. and S. their Executors, Administrators and Assigns: as also of, from, and against all other persons whatsoever, of, for and con­cerning the payment, delivery and disbursement of the said Sums of five shillings a piece, Pewter-platter, Pewter-dish, and three Saucers▪ unto the said W.S. their Father, as aforesaid: And of, and from all such actions, sutes, costs, charges, damages, expences and de­mands whatsoever, which he the said J. S. his Executors, Admini­strators or Assigns, shall hereafter happen to incur, sustain or be put unto, for, or by reason of the payment, delivery and disbursement of the said Sums of five shillings a piece, Pewter-Platter, Pewter-Dish, and three Saucers, for the use of the said J.S. T. and S. unto the said W. S. their Father, as aforesaid; That then this Obliga­tion shall be void, or else it shall stand in full force and vertue.

A Counter Condition to save harmless from a Bond; Well penn'd.

THe Condition of this Obligation is such, That whereas the within named R. C. at the special instance and request, and for the only debt of the within-bound J. S. by one Obligation of the date hereof, is, and standeth joyntly and severally bounden with the said J. S. unto J. T. of London, Merchant, in the sum or pe­nalty of, &c. of lawful money of England, with conditions there­upon indorsed for the payment of, &c. of like lawful money of England, on the last day of February now next ensuing the day of the date within written, as by the same Obligation and Condition may appear: If therefore the said J. S. his Executors, Administra­tors or Assigns, or any of them, do and shall well and truly pay, or cause to be paid to the said J.T. his Executors, Administrators or Assigns, or some of them, on the said last day of February above mentioned, at the now dwelling house of H. C. London, Gent. fituate in, &c. in London, the aforesaid sum of, &c. and do thereby clearly exonerate, acquit and discharge the said R. C. his Execu­tors and Administrators, as well from all actions, sutes, costs, char­ges, judgments, executions and demands whatsoever concerning the same, That then this present Obligation to be void and of none effect, or else to remain and abide in full force and vertue.

A Letter of Attorney to take possession according to the Contents of a Lease.

TO all People to whom this present Writing shall come, H.T. Citizen and Girdler of London, sendeth greeting in our Lord God everlasting; Whereas I the said H. T. have signed and sealed one Writing indented, bearing even date with these presents, pur­porting a Lease to be made by me unto one, &c. of all that Mes­suage, with the appurtenances near the Hospital, in, &c. In the County of, &c. late in the tenure or occupation of R. F. decea­sed, and other Lands and Hereditaments in the said Indenture mentioned, To hold from the first day of this instant February, un­to the full end and term of five years from thence next ensuing, as by the said writing indented more plainly appeareth, which Wri­ting is not yet delivered by Deed. Now know ye, That I the [Page 583]said H. T. have made, constituted, appointed, and in my place and stead put, and by these presents do make, constitute, appoint, and in my place and stead put, &c. my true and lawful Atturney, for me and in my name, place and stead to enter into and upon the said Messuage, Lands and Hereditaments in and by the said Writing indented, mentioned to be demised, or any part thereof; And after such entry made for me, and in my name, place and stead there upon the premisses to deliver unto the said, &c. or to his lawfull Attorney in that behalf, the said writing indented so by me signed and sealed as aforesaid, as the very act and deed of me the said H. T. And further to do whatsoever may be necessary in that behalf; and whatsoever my said Attorney shall do or cause to be done in the Premisses, I the said H. T. do and shall ratifie, confirm and maintain, as if I had done the same in my own person. In witness whereof I the said H. T. have hereunto set my hand and seal the, &c. day of February, in the year of our Lord, &c.

A short Lease of a Messuage and Lands to be void, on paying of one shil­ling, it being the precedent Deed.

THis Indenture made the, &c. day of February, in the year of our Lord God, &c. between H. T. Citizen and Girdler of London of the one part, and R. I. of S. in the County of W. Yeo­man, &c. of the other party, witnesseth, That the said H. T. for divers good causes and Considerations him moving, hath demised, granted, and to farm-letten, and by these presents doth demise, grant, and to farm-let unto the said, &c. all that Messuage, with the appurtenances near the, &c. in, &c. in the County of G. late in the tenure or occupation of R. F. deceased, and all the Barns, Out houses, Orchard and Garden thereunto belonging; And all that Close of Meadow or Pasture-ground thereunto adjoyning, containing by estimation five Acres, be it more or less; and one little ground, called or known by the name of Redcraf, adjoyning to certain Grounds there called Flankers Closes; And one other Close of Arable Land, called the Wood furlong, adjoyning to the Lane there leading towards S. on the West; And all those arable Lands to the said Messuage, belonging or reputed, or taken to be­long thereunto, or which were therewith used, occupied or en­joyed by the said R. F. deceased, lying and being in the Fields of, &c. aforesaid, That is to say, five and forty acres by estimation, [Page 584]be the same more or less, lying in the North-field, & 22 acres by esti­mation, be the same more or less, lying in the South of, &c. aforesaid, To have and to hold the said Messuage or Tenement, Land & Pre­misses, with the appurtenances unto the said, &c. his Executors, Administrators and Assigns, from the first of this instant February, unto the full end and term of five years from thence next ensuing, and fully to be compleat and ended, yielding and paying therefore yearly during the said term, one Pepper-corn, at the Feast of St. Michael the Arch-angel, if it shall be demanded. Provided al­wayes, that if the said H. T. his Executors, Administrators or As­signs, shall at any time hereafter pay, or tender unto the said, &c. his Executors or Administrators, or to any other person or per­sons, to his or their or any of their use or uses, the sum of twelve pence in money, for the making void of this present Indenture, and the Demise and Lease, herein contained, that then and from thenceforth this present Indenture, and Demise and Lease herein contained, shall cease and be void, any thing herein contained to the contrary notwithstanding; In witness whereof the said par­ties to these presents, their hands and seals interchangeably have set the day and year first above-written.

An Award made between four Executors.

TO all Christian people, to whom this present writing qua­dripartite indented of Award shall come, S. W. Ceazer Knight, Master of the Rools, sendeth greeting in our Lord God everlasting, This Indenture quadripartite also made the second day of A. in the fifth year of, &c. between Sir W. S. &c. one of the Executors of the last Will and Testament of R. C. &c. of the first party, S. T. Offley, &c. one other of the, &c. of the last Will and Testament aforesaid; of the second Part, Sir T. L. &c. one other of the Executors of the said last Will and Testament of the third part, and Sir H. C. &c. one other Executor of the same last Will and Testament of the said R. of the fourth part Witnes­seth; That whereas the said R. by his said Testament and last Will bearing date, &c. amongst divers and many gifts and legacies therein limited, bequeathed and appointed to sundry persons therein named, as by the same it may appear, hath given and be­queathed all the residue of all and singular his goods, chattels, lea­ses and other things whatsoever (his debts, funerals and legacies [Page 585]being paid and performed) unto the said W.S. T.O. and T.L. whom together with the said H. C. his brother he made and or­dained his said Executors of his last Will and Testament aforesaid; and of the same he hath also made and ordained the said W. C. his Supervisor and Overseer, as by the same his last Will also at large it doth and may appear; And whereas for the avoiding of all doubts, variances, controversies, sutes and strifes, that may and might ensue and grow between the foresaid parties, touching the said last Will and Testament, and the true execution of the same: And for and concerning the said residue, surplusage and remainder of the 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 others by these presents, to stand to, obey, abide, perform and fulfill the Award and Judgment of the said W.C. Knight, Arbitrator between them, indifferently na­med and chosen of and upon the premisses. Whereupon the same W. C. taking upon him the charge and business 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 said parties, for and concerning the premisses, hath and doth by these presents, by and with the full assent and consent of all and every the aforesaid parties, make, publish and declare this his present award, arbitre­ment and judgement between the same parties, touching the pre­misses in manner and form as followeth, that is to say, First, The said Sir W. C. by these presents doth award, judge and deem, and every of the parties before named, covenanteth and granteth severally for himself, his Heirs, Executors and Administrators, to and with the other of them, his and their Executors and Ad­ministrators, and every of them by these presents, in manner and form following; That is to say, That the same Executors, That any of the Execu­tors shall not conceal any of the Testators goods from the other. Executors. or any of them shall not at any time or times hereafter, willing­ly or wittingly conceal, withdraw, or keep close, or cause to be concealed, withdrawn or kept close from the said other Executors or any of them, or the Survivors or Survi­vor of them, and 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 knowledg, [Page 586]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 advantage, 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, and every of them severally doth covenant and grant for him, To execute the Testa­tors Will and Trust reposed in them. his Heirs, Executors and Ad­ministrators to and with the others by these presents, That all the same Executors and every of them shall from henceforth both in name and deed, take upon him the full and due execution of the foresaid last Will and Testament, so far as only to the duty, trust and office of Executors appertaineth or ought to appertain. And furthermore it is ordered, judged and awarded by the said Arbitra­tor, and also covenanted, granted and fully agreed between the said parties, and the said Parties, That the Executors shall bear all Costs and Char­ges of Sutes in execu­ting the Testators Will equally. and every of them, do seve­rally covenant and grant to and with other of them by these presents, That if at any time or times hereafter it shall be found and approved, that the foresaid Testator is and ought be charged either by Law or Conscience with any other debt or debts, sum or sums of money, 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 Sute or Sutes, or other charge or charges whatsoever, for or by reason of the said last Will and Testament, or the due execution thereof either in Law or otherwise, That then all and every the said Executors, and the Survivor and Survivors of them, and the Executors and Administrators of such of them which then shall be dead, and that 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. Serjeant at Law send greet­ing, &c. Whereas divers variances, sutes, controversies, de­bates and demands have been heretofore had, moved, stirred and depending between A. B. &c. and C. D. &c. of, for and concern­ing, reciting the matter in controversie. For the appeasing and paci­fying of all which sutes, debates, variances, controversies and de­mands, either of the said parties by their mutual assent and consent have submitted themselves, and stand bounden each to other by their several Obligations bearing date, &c. in the Sum of, &c. a piece, with several conditions endorsed upon either of the same several Obligations, to stand to, obey, observe, perform, fulfill and keep the Award, Arbitrament, Ordinance and Judgment of me the said J. S. Arbitrator indifferently elected, named and chosen be­tween the said parties, as well, of, for, and upon all and all manner of actions, as well real as personal, sutes, quarrels, debts, debates, trespasses and demands whatsoever, had, moved, stirred or depend­ing in controversie, between the said parties in any wise before the date of the said Obligations: So that the same award, arbitrament, ordinance and judgment of the said Arbitrator, of and upon the premisses were made, declared and yielded up in writing on this side the tenth day of, &c. as by the same several obligations and en­dorsements thereupon made, more at large appeareth; Whereupon I the said J.S. Arbitrator aforesaid, taking upon me the charge of the said award, and willing to set the said parties at a final end, peace, unity and concord, of, for, and concerning the premisses; have cal­led both the said parties before me, and by good advice and deli­beration, have seen, heard, examined and perfectly understood, and perceived their both rights, titles, estates, interests, demands, evi­dences and proofs in and to the premisses, and weighing, and pon­dering the effects and grounds of all the said matters and contro­versie; do now make, publish, give up and declare this my present Award indented between the said parties, by and with their both mutual consents and agreement, of, for, and concerning the pre­misses in manner and form following; that is to say, First, I the said Arbitrator do by these presents award, order, judge and deem, 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 [Page 588]and Administrators by these presents, That, &c. as in other Awards, reciting the matter in variance.

A Lease of a Ferry.

THis Indenture made, &c. between, &c. witnesseth, That the said T. L. for and in consideration of, &c. hath demised, gran­ted and to farm-letten, and by these presents doth, &c. unto the said J. H. his Executors and Assigns, the moiety of the Passage, Ferry, Standage and Battalage of P. in the C. of, &c. together with all Easements and Commodities thereunto belonging, in as large and ample manner and form as T. H. or his Assigns 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 moiety 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 J. H. his Executors, Administrators and Assigns, from the Feast of, &c. unto the end and term of, &c. Yielding and paying, &c. with a Clause to make the Lease void for non-payment of the Rent. And the said J. H. doth covenant, &c. That he the said J. H. his Executors, Administrators and As­signs, at his and their own proper costs and charges, shall from time to time during the said term, maintain and keep such Boat or Boats, and all other things meet and convenient for the moiety, 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 J. L. his Heirs, Executors, Administrators and As­signs.

And that he the said J. H. his Executors or Assigns, shall from time to time during the said term, carry over or cause to be carried over the Ferry-place aforesaid from P. to F. the said J. L. and his wife and their heirs, servants, children, horses, and stuffe, when and so often as the said J. L. his wife and their heirs, children, or any other of his family shall require to have themselves, their servants, horses, or stuffe to be carried over the said Ferry from P. to E. afore­said, without demanding, taking or asking any thing therefore of the said J. L. his heirs, children or family.

And the said J. L. doth covenant, &c. That he the said J. L. his [Page 589]Heirs, Executors, Administrators or Assigns, shall at all times hereafter, and from time to time during the said term, acquit and discharge, Discharged of quit-Rent. or sufficiently save and keep harmlesse, as well the said moiety of the said Passage or Ferry, and all and singular the afore letten premisses and every part thereof, as also the said J. H. his Executors, Administrators and Assigns, of, for, and from all and all manner of quit-Rents whatsoever, which in respect of the said demised premisses during the said term, shall grow due and pay­able to the Kings Majesty, his Heirs, Successors or Assigns, or to any other person or persons whatsoever, excepting the said yearly Rent of 3 l. before by these presents assigned; and that he the said I. L. and his heirs, the said moiety of the said Passage and Ferry, and all other the afore letten premisses with the appurtenances unto the said I. H. his Executors, Administrators and Assigns, for the Rent above recited to be paid in manner and form abovesaid, shall warrant and defend, during all the said term of Twenty one years. In witnesse, &c.

A Release of Land in Exchange.

THis Indenture made, &c. between T. C. of, &c. and W. L, of, &c. and A. now wife of the said W. L. and late wife of R. B. late of, &c. of the other party, That whereas on or about the Seventeenth day of, &c. now last past, there was certain Agree­ments had and made between the parties to this present Indenture, for and concerning the exchange of divers parts and parcels of their Lands, Layes, Meadows, Pastures and Hereditaments, with their appurtenances lying and being in S. and W. and in either or one of them in the said County of Y. as hereafter is expressed, That is to say, First, that whereas the said W. L. had and was seized in the right of the said A. his wife for and during the term of the na­tural life of the same A. of divers Arable Lands, Layes, Meadows, Pastures, Haddes, Flats and Hereditaments lying and being disper­sed in the Town and Fields of S. and W. aforesaid, or in one of them, commonly accompted to be and contain two hundred acres, be they more or lesse, now or late in the tenure or occupation of the said W. L. or of his assigns; it was agreed between the said parties by the agreements aforesaid, That the said T. C. his Exe­cutors, Administrators and Assigns, shall have and enjoy, for and [Page 590]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, all those and every the said Lands, Meadows, Pastures, Layes and Hereditaments be­fore mentioned of them the said W. L. and A. his wife, lying in S. fields and W. aforesaid, or in either or 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 Heirs, Assigns, should have and enjoy, for and during the term of sixty years, if the said W. L. and A. his wife, should so long live toge­ther, all the arable Lands, Layes, Meadows, Pastures and Heredi­taments, with the appurtenances, containing by estimation two hundred acres, be they more or lesse, lying and being in the North­field of S. aforesaid, in the said County of Y. as the same was then measured, dowled and staked out by M. F. Gent. and I. B. then appointed by the said T. C. only Surveyors of the said Mannor. And also all those nine acres of Meadow, &c. by estimation lying and being in S. aforesaid, &c. It is now therefore fully concluded and agreed, by and between all the said parties to this present In­denture, that the same premisses shall be demised, and letten in exchange in manner and 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, and by these presents do demise, grant and to Farm-let in exchange unto the said T. C. all those, Exchange. their and either of their arable Lands, Layes, Meadowes, Pastures, Hadds, Flats and Heredita­ments, with the appurtenances, set, lying and being within the three several Fields of S. aforesaid, called, &c. or in any of them in the said County of Y. containing by estimation Two hundred acres, be there more or lesse, now or late in the tenure or occupa­tion of the said W. L. or of his assigns, 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 Heir of the said R. B. Except and out of this present Demise and grant alwayes reserved unto the said W. L. and A. his wife, &c. as here­tofore he or they have usually had and enjoyed, for and in respect of all the premisses, or as appurtenant to the same; To have and to hold the said Arable Lands, Layes, Meadows, Pastures, 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 appurtenance [Page 591](except before excepted) unto the said T. C. his Executors, Ad­ministrators and Assigns, from the Feast of M. next coming after the date hereof, for, during and until the full end and term of sixty years, thence next, &c. if the said W. L. and A. now wife of the said W. L. do or shall so long live together, yielding and paying therefore yearly during the said term by these presents granted unto the said W. L. and A. his wife, and their assigns, 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, Lays, Meadows, Pastures and Here­ditaments, with their appurtenances of him the said T. C. con­taining by estimation. Two hundred acres, be they more or lesse, lying and being in N. field of S. aforesaid, as the same is now mea­sured, dowled and staked out by the said F. M. and I. B. and also all those nine acres, &c. in a place there allotted and set out amongst other, for the Cottages there, as aforesaid, To have and to hold all the said Arable Lands, Lays, Meadows, Pastures and Heredita­ments, and all and singular other the premisses before mentioned, to be Demised and granted in exchange by the said T. C. afore­said, with their and every of their appurtenances unto the said W. L. and A. his wife, and their assigns, &c. for, during and until the full end and term of sixty years, from thence, &c. if the said W. L. and the said A. now wife of the said W. L. do or shall so long live together, yielding and paying, &c. ut antea.

And the said W. L. doth by these presents covenant, &c. in man­ner and form following, that is to say, That they the said W. L. and A. now his wife, Discharged of former Estates and Incum­brances. their Execu­tors, Administrators and Assigns, or some of them shall or will from time to time, and at all times from henceforth, for, and during the said term of sixty years, if the said W. and A. now wife of the said W. L. do or shall so long live together, clearly acquit, exone­rate and discharge, or otherwise save and keep harmlesse, and in­demnified, as well the said T. C. his Heirs, Executors, Admini­strators and Assigns, and every of them, as also the said premisses before mentioned, to be demised and leased in exchange by the said W. L. and A. his wife, to the said T. C. and every part and parcel thereof, of, and from all and all manner of former and other estates, charges, incumbrances, chief Rents, troubles and demands [Page 592]whatsoever, had, made, committed or done by him the said W.L. and A. his wife, or either of them, or by any other person or per­sons, lawfully claiming by, from, or under them or either of them, whereby or wherewith the same premisses or any part thereof, shall or may be charged or incumbred, or whereby the said T. C. his Executors, Administrators or Assigns, shall or may be charged, in­cumbred or damnified, of, or by reason of the same premisses, or any part thereof, except before excepted.

And likewise that he the said T. C. his Heirs, Executors, Admi­nistrators and Assigns, shall and may at all times hereafter, and from time to time during the said term of sixty years, For quiet en­joying. if the said W. and A. now wife of the said W. L. do or shall so long live together, peaceably and quietly have, hold, occupy and enjoy all and every the premisses to him the said T. C. Demised and granted in exchange as aforesaid, and every part and parcel thereof with the appurtenances, except before excepted, without any manner of lawful let, trouble, interruption or disturbance of them the said W. L. and A. his wife, or either of them, or of any other person or persons lawfully claiming, by, from, or under them, or any of them.

And the said T. C. doth covenant for himself ut W. L. antea mutat. mutand.

And whereas it was intended and meant, by, and between all the parties to these presents, That the said I. B. to whom the right of Inheritance of the premisses mentioned to be Demised to the said T. C. as aforesaid doth belong and appertain, (being now in his minority) should have made and granted a Lease in exchange un­to the said T. C. of all the said Lands and Premisses to him the said T. Demised as aforesaid, (by the said W. L. and A. his Wife) for the term of eighty nine years, and for the yearly Rent of, &c. And that likewise in recompence, satisfaction and exchange thereof, the said T. C. should have granted in exchange unto the said I. B. a like Lease of the like term for eighty nine years, and for the yearly Rent of 1 d. of the said lands and premisses Demised and granted to the said W. L. and A. his wife in exchange as aforesaid: And for that neither of the same Leases can be now perfectly made and finished, Therefore it is now further covenanted, concluded and fully agreed upon, by, and between all the said parties to these pre­sents in form following, viz.

[Page 593]And the said W. L. doth by these presents covenant, &c. That he the said W.L. shall do his best endeavour, that he may or can to procure and get the said J. B. by his Deed indented to make, That an Infant shall seal a Lease at his full age of 21 years. seal and deliver as his Deed to the said T. C. his Heirs or Assigns; within three moneths next after that he the said I. B. shall accomplish his full age of Twenty one years, a sufficient Demise, Lease and Grant in exchange of all and every the said Lands, Layes, Meadows, Pastures, Heredita­ments and Premisses, with their Appurtenances to him the said T. C. as aforesaid Demised for the term of Eighty nine years, and for the yearly Rent of 1 d. and with and under such like and the same Covenants, Clauses and Agreements as before in these presents are limited, expressed and set down on the part and behalf of the said W.L. to be performed and done.

And in consideration thereof, the said T. C. doth covenant, &c. That if the said I. B. or his heirs, do or shall make, seal and deliver as his Deed unto the said T. C. his heirs or assigns, the said De­mise, Lease and grant in manner and form as is aforesaid, by the said I. B. to be signed, sealed and delivered to the use of the said T.C. his heirs or assigns in the presence of Three credible persons, whose names shall be subscribed or endorsed upon the same, that then he the said T. C. or his heirs, at, and upon the receiving of the said Lease and Grant, shall and will (being thereunto required) make, seal and deliver in exchange unto the said I.B. or his assigns alike Lease of all and every the premisses to the said W. L. and A. his wife granted as aforesaid for such like term & number of years, and with and under such Rent and Covenants, as shall be contained and specified in the said Lease so to be made by the said I.B. to the said T. C. as aforesaid. In witnesse, &c.

A Bargain and Sale of Lands mortgaged, made from the mortgagee and mortgagor, before the day for redemption, to another.

THis Indenture made, &c. between H.B. R. H. of, &c. and M. C. of, &c. of the one party, and R. S. of, &c. of the other party, witnesseth, That whereas Francis Beamont of the Parish of St. Martins in the Fields, in the County of &c. by his Deed in­dented bearing date, &c. for the considerations therein mentioned and expressed, hath betaken, granted and to farm-letten unto the [Page 594]said M. C. all that the Scite and Capital Messuage or Mannor house of Hardwitch, with the rights, members and appurtenances whatsoever, scituate, lying and being within the Lordship of Chert­sey, in the County of Berks, &c. and all, &c. the words verbatim in the Original with the Habendum and Reddendum recited, as by the same Indenture amongst divers Covenants, Clauses and Agreements therein contained more at large it doth and may appear: And whereas also the said M. C. by her Indenture of Assignment, bear­ing date, &c. For the Consideration therein mentioned and ex­pressed, Hath granted, bargained, sold, aliened, and set over unto the said H. B. and R. H. as well the said recited or mentioned Indenture, to her the said M. C. granted as aforesaid, and the said scite and capital messuage of the said Mannor of H. Lands, Mea­dows, Feeding, Pastures, Demeasn lands, stock, and all and singu­lar other the premisses thereby mentioned to be demised and gran­ted, and every part and parcel thereof, with the appurtenances; as also all the estate, right, title, interest, term of years then to come, and unexpired reversion, possession, property, claim and demand whatsoever which she the said M. C. hath, or had, or may, might, should, or ought to have, or can, or may claim, challenge or de­mand, of, in, or to the said scite and capital Messuages, Meadows, Feedings, Pastures, Demeasn lands, stock, and all and singular other the premisses, with the appurtenances, and of, in, and to every part and parcel thereof by force and vertue of the same In­denture to her the said M. C. made and granted as aforesaid, or any thing therein contained, or otherwise howsoever: To have and to hold the said Scite and capital Messuage, &c. ut in Indent de Mort­gage, unto the said H. B. and R. H. their Executors, Administra­tors and Assigns, to the only proper use and behoof of them the said H. B. and R. H. their Executors, Administrators and Assigns, from the ensealing and delivery of the same Indenture of Assign­ment, for, during, and until the end and accomplishment of all the rest and residue then to come, and unexpired of the said term of Twenty one years by the said first recited Indenture to her the said M. C. granted as aforesaid, together with the same Indenture; In which said Indenture of Assignment, there is a certain Proviso or Condition contained in these words, or to this effect following, That is to say:

Provided alwayes, That if the said M. C. her Heirs, Execu­tors, Administrators or Assigns, or any of them do well and truly content and pay, or cause, &c. verbatim, as in the Assignment, as by [Page 595]the same Indenture of Assignment amongst divers other covenants, grants, articles, clauses and agreements therein contained, more at large also it doth and may appear. Now this Indenture further witnesseth, That for, and in consideration of the Sum of 650 l. of good, &c. to her the said M. C. in hand, at, and before the en­sealing and delivery of these presents by the said R. S. well and truly paid, whereof and wherewith she the said M. C. and the said H. B. and R. H. acknowledge themselves fully satisfied and paid, and thereof, &c. they the said H. B. and R. H. have bar­gained, sold, assigned and set over, and by these presents do, &c. unto the said R. S. the said first recited Indenture, and all the said Scite and capital Messuage of the said Mannor of H. Lands, Mea­dows, Feedings, Pastures, Demeasn Lands, Stock, and all and sin­gular other the premisses, with the appurtenances thereby men­tioned to be Demised and granted to the said M. C. and every part and parcel thereof, as also all the estate, right, title, interest, term of years yet to come and unexpired, reversion, possession, property, claim and demand whatsoever, which they the said H.B. and R. H. or either of them, have, or hath, or may, might, should, or ought to have, of, in, or to the said Scite or capital Messuages, and other the premisses, with the appurtenances, and of, in, and to every part and parcel thereof, by force and vertue of the said In­denture of Assignment before mentioned, or any thing therein contained, together with the same Indenture of Assignment, To have and to hold, the said first recited, and the said Scite and capital Messuage of the said Mannor of H. Lands, Meadows, Feedings, Pastures, Demeasn Lands, Stock, and all and singular other the premisses by the said Indenture Demised, and every part and par­cel thereof with the appurtenances except before excepted), and all the said estate, right, title, interest, term of years yet to come and unexpited, reversion, possession, property, claim and demand what­soever of them the said H. B. and R.H. and of either of them, of, in, and to the same premisses, and of, in, and to every part and par­cel thereof with the appurtenances unto the said R. S. his Execu­tors, Administrators and Assigns 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 premisses by force and vertue of the same Indenture of assignment to them the said H.B. and R.H. made and granted as aforesaid, or any thing therein contained, together with the same Indenture of Assignment. And also the said M.C. for the consideration aforesaid hath granted, bargained, sold, aliened, as­signed [Page 596]and set over, and by these presents doth fully, clearly and absolutely grant, &c. unto the said R. S. the said first recited In­denture to her the said M. C. made and granted as aforesaid, and the said Scite and capital Messuage of the said Mannor of H. Lands, Meadows, Feedings, Pastures, Demeasn Lands, Stock, and all and singular other the premisses by the same Indenture mentioned to be Demised and granted, and every part and parcel thereof with the appurtenances. And further, the said M. C. for the Consideration aforesaid, Confirmation. doth by these presents for her, her Heirs, Executors and Administrators, ratifie and confirm the said bargain, sale and assignment hereby made of the Premisses by the said H.B. and R.H. to the said R. S. as aforesaid, and the estate and interest of the said R. S. in, Release. and to the same, and every parcel thereof: And also remise, release and quit claim unto the said R. S. his Executors and Assigns, the said Proviso or Condition before men­tioned in the said Indenture of Assignment, contained concerning the Redemption of the Premisses from the said H. B. and R.H. as aforesaid, and all and every Covenant, Clause, Article and Agree­ment touching the same. And also all the estate, right, title, inte­rest, term of years yet to come and unexpired, reversion, possession, property, claim, condition, entry, benefit and demand whatsoever which she the said M. C. hath, or had, or may, might, should, or of right ought to have, or can or may claim, of, in, or to the said scite and capital Messuage of the Mannor of H. Lands, Meadows, Feed­ings, Pastures, Demeasn Lands, Stock, and all and singular other the premisses by the said Indenture, mentioned to be Demised and granted, and in, and to every or any part or parcel thereof, with their appurtenances whatsoever, by force and vertue of the same Indenture, or of the said Indenture of Assignment or the said Pro­viso or condition therein contained, or either or any them, or by any other wayes or means whatsoever or otherwise howsoever, To have and to hold, the said Scite and capital Messuage of the said Mannor of H. Lands, &c. and all and singular other the premis­ses, in, and by the said Indenture to her the said M. C. mentioned to be Demised and granted, and every part and parcel thereof with the appurtenances (except before excepted), and all the said estate, right, title, interest, term of years yet to come and unexpired, re­version, possession, property, claim and demand whatsoever of her the said M. C. of, in, and to the same premisses, and every part and parcel thereof, with the appurtenances unto the said R. S. his Executors, Administrators and Assigns, to the only use and behoof [Page 597]of him the said R. S. his Executors, Administrators and Assigns, from the ensealing and delivery of these presents, for, during, and untill the full end or accomplishment of all the rest and residue yet to come and unexpired of the said term of Twenty one years by the said recited Indenture, granted absolutely without any manner of condition, proviso or redemption, or other claim or demand whatsoever.

And the said H. B. for himself, his Heirs, Executors and Admi­nistrators, doth covenant, 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: For quiet enjoying discharged of In­cumbrances. that is to say, That he the said R. S. his Execu­tors, Administrators and Assigns, and every of them, for, and under the Rents, Covenants, Clau­ses and Agreements in, and by the said first recited Lease of the premisses reserved and mentioned on the part and behalf of the said M.C. her Executors and Assigns, to be paid, done and performed, shall or may at all times hereafter, and from time to time, for, and during all the rest and residue yet to come and unexpired of the said term of Twenty one years by the said Letters Patents granted, peaceably and quietly have, hold, use, occupy, possesse and enjoy the said Scite and capital Messuages, &c. and all and singular other the premisses herein before mentioned, to be granted, bargained, sold, assigned and set over, and every part and parcel thereof with the appurtenances, without the let, interruption or disturbance of him the said H. B. or of any other person or persons by his means or procurement: and that the same premisses and every part and parcel thereof with the appurtenances, now are, and be, and so at all times hereafter, and from time to time shall be, remain, and continue unto the said R. S. his Executors and Assigns, free and clearly acquitted, exonerated and discharged, or otherwise upon lawful and reasonable request sufficiently saved and kept harmless, of, and from, all and all manner of former bargains, &c. had, made, committed or done by him the said H. B. or by any other person or persons by his assent, means or procurement; the rent, cove­nant, clauses and agreements, in, and by the said before recited In­denture, reserved or mentioned, which on the part and behalf of the said M. C. her Executors and 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 [Page 598]the part and behalf of the said H.B. and R.H. their Executors, Ad­ministrators and Assigns, 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. & R. their executors, administrators and assigns, and every of them, For discharging the rent to the King of England. at all times hereafter, and from time to time clearly to acquit, exonerate and discharge, or otherwise sufficiently to save and keep harmless the said H. B. and R. H. their executors, administrators and assigns, and every of them, as well against the King, his heirs and successors, as a­gainst all and every other person and persons whatsoever, of, for, and concerning the said rent, covenants, causes and agreements be­fore mentioned and excepted, and of, and from all manner of sutes, charges, troubles, incumbrances and demands whatsoever, which, for, or by reason thereof, at any time or times hereafter, can, o [...] may come, grow, or be, to, or against the said H. B. and R H. their Executors, Administrators or Assignes, or any of them.

A Covenant for quiet enjoying, discharged of incumbrances from M. C. as from H. B.
Another Covenant from R. S. to M. C. for discharging the Rent to the King, as is last before to H. B. and R. H.

And lastly, the said M. C. doth covenant, &c. For further assu­rance, &c. to and with the said R. S. &c. that she the said M. C. her Executors and administra­tors shall and will at all time and times here­after, for, and during the space of two years next ensuing the date hereof, at the reasonable request, and at the costs and charges in the law of the said R. S. his Executors or Assigns, do, make and execute, or cause to be done, made, and executed all and every such further, lawful and reasonable acts, things and devices in the law whatsoever, for the discharge of any covenant, clause or agreement in the said recited Indenture of assignment mentioned and contained, wherewith the said R. S. his Executors or Admi­nistrators as assignee or assigns, of, or to the said H. B. and R. H. or either of them can or may be charged or chargeable, and for the extinguishing of the said proviso or condition in the said In­denture [Page 599]of Assignment contained, and of all such estate and inte­rest as she the said M.C. her Executors or Administrators now hath or shall, can or may by any means have, claim or pretend to have in or to the premisses, or any parcel thereof.

And for the further, better and more perfect assurance, surety, sure making and conveying of the said Scite and capital Messuage, and other the premisses, and of every part and parcel thereof unto the said R. S. his Executors and Assigns, for, and during all the rest and residue of the said term of twenty one years, which at the time of the making of any such further assurance, or doing any such act shall be to come and unexpired, as by the said R.S. his Executors or Assigns, or his or their councel learned shall be reasonably devi­sed, advised or required.

A Bargain and Sale upon Condition made to Feoffees in trust.

THis Indenture tripartite made, &c. between Sir H. H. &c. of the first part, R.L. and G.L. of the second party, and E.T. and G.B. of the third party, witnesseth, That the said Sir H.H. R. L. and G. L. for the considerations herein after mentioned, have granted, enfeoffed and confirmed, and by these presents do fully, clearly, and absolutely grant, enfeoffe, confirm and deliver unto the said E.T. and G.B. all that the Mannor or Lordship of E. in the Coun­ty of L. with all and singular the rights, members and appurtenan­ces of the same. And also all and singular the Messuages, Co [...]ta­ges, Lands, Tenements, Meadows, Pastures, Feedings, Rents, Re­versions, Services, Heaths, Moors, Commons, Closes, Woods, Under-woods, Wasts, Waifes, Straies, Escheats, Wards, Courts, 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 years now last past, have been used, reputed, accepted, known, occupied, let or set as part, parcel, right or member of the said Mannor or Lordship: and also all and singular other the Mannors, Messuages, Lands, Tenements, Rents, Reversions, Services and Hereditaments, scituate, lying and being in E. and E. in the County of L. or in either of them, which at any time heretofore were the possession or inheritance of Sir J. H. deceased, Father of the said Sir H. And also all that the Advowson and Patronage of the Parish Church of E. aforesaid; [Page 600]and all and singular the Rents and yearly Profits whatsoever re­served upon any Demise or Grant heretofore made or granted of the premisses or of any part or parcel thereof: and the Reversion and Reversions whatsoever, of all and singular the same premisses, and of every parcel thereof: And also the said H.H. R.L. and G. L. for the considerations herein after mentioned, have granted, assigned and confirmed, and by these presents do, &c. unto the said E.T. and G.B. all the estate, right, title, interest, use and pos­session whatsoever, which they the said Sir H.R. and G. and every or any of them have or hath, or may, might, should, or of right ought to have, or claim, of, in, or to the said Mannor or Lordship, and all other the premisses herein before mentioned to be granted, enfeoffed, assigned or confirmed, and of, in, and to every part and parcel thereof, with the appurtenances: together with all and all manner of Deeds, Evidences, Charters, Writings, Escripts and mi­numents, which they and every or any of them have or hath, touch­ing or concerning only the premisses, or onely any part or parcel thereof: To have and to hold the said Mannor or Lordship of E. Mannors, Messuages, Lands, Tenements, Rents, Reversions, Ser­vices, Hereditaments, and all & singular other the, premisses herein before mentioned, to be hereby granted or conveyed, and every parcel thereof with the appurtenances unto the said E.T. and G. B. and their heirs, to the only uses, intents, provisoes, conditions and limitations hereafter specified and declared, and to none other use, intent or purpose; that is to say, to the only use and behoof of the said R L. and G.L. and of their Heirs and Assigns for ever, with and upon the condition hereafter specified and declared; that is to say,

Provided alwayes, That if the said Sir H. H. &c. do well and truly satisfie, content and pay, or cause to be contented, satisfied or paid unto the said R. L. and G. L. &c. the full Summe of 4800 l. of good, &c. at or within, &c. at or upon the second day of M. 1641. without fraud or covin: That then from and after the said payment so had and made, the use and uses, in, or by these present Indentures, had, made, or limited to the said R. L. and G. L. their and either of their heirs and assigns: 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 heirs or assigns, or any of them, shall cease, determine, and be utterly void and of none effect: any thing in these presents contained to the contrary there­of [Page 601]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 Assigns, or any of them, the said Sum of 4800 l. of, &c. in man­ner and form as is afore expressed, declared and appointed; the said Grant, Feoffment, Conveyance and Assurance, and all and every other act or thing which after the date of these presents, and before the said second day of J. 1641. shall be had or made by or between any of the said parties, or by their or any of their means or privity, or whereunto they or any of them shall be party or parties, shall be and shall be deemed and taken to be: and the said E. T. and G. B. and their heirs, and all and every other person and persons, and their heirs, that then shall stand, and be sei­zed of the said Mannor and other the Premisses, or any of them, shall stand and be seized thereof, and of every part and parcel thereof to the only proper use and behoof of the said Sir H. H. and of his heirs and assigns for ever, and to none other use, be­hoof, intent or purpose whatsoever.

And it is further agreed by and between the said parties to these presents, and the said Sir H. H. doth co­venant, &c. to and with, &c. The Indenture and use therein limited to be void for not payment of the money mentioned in the Proviso. That if the said Sir H. H. his Heirs, Executors, Ad­ministrators nor Assigns, nor any of them do pay or cause to be paid to the said R. L. and G. L. their nor either of their Executors, Administrators or Assigns, nor to any of them, the said Sum of 4800 l. and every part thereof in manner and form abovesaid, but shall make default in payment of the same, or of any part thereof: that then and from thenceforth this present grant, feoffment and conveyance of the premisses, and the said use before herein and hereby limited to the said R.L. and G.L. and their heirs, shall stand, remain and be, and that then also and at all times from thenceforth all the said Mannors, Lands, Te­nements, Hereditaments, and all other the premisses with all and singular their appurtenances, shall be and remain for ever to them the said R.L. and G. L. their heirs and assigns, absolutely without any condition or other limitation.

And the said R.L. and G.L. for themselves, their and either of their Heirs, Executors and Administrators, and for every of them do covenant, promise and grant by these presents to and with, &c. [Page 602]in manner and form following; that is to say, That neither they the said R.L. and G.L. nor any of them, nor their nor any of their heirs or any of them, Not to do any act to hinder the rising of the use limi­ted in the Covenants for quiet enjoying and ma­king further assurance up­on payment of the money mentioned in the Proviso. nor any other person or persons by their or any of their procurement, means or assent, shall or will do, com­mit, or wittingly or wilfully suffer any act or thing, whereby or by means where­of there shall or may ensue or happen any let or hinderance to the rising or vesting of the said use herein limited to the said Sir H. H. and his heirs, by the payment of the said 4800 l. according to the intent, purport and true meaning of the said condition or proviso; and that in case the said Sir H. H. his Heirs, Executors, Administrators or Assigns, or any of them do well and truly satisfie, content and pay, or cause to be satisfied, contented and paid unto the said R.L. and G. L. or either of them, or the Heirs, Executors, Administra­tors or Assigns of them or either of them, the said sum of 4800 l. of, &c. at or upon the second day of J. &c. according to the true intent and meaning of the said proviso or condition, that then the said Sir H.H. his heirs and assigns, and every of them shall or may from thenceforth for ever have, hold and enjoy all the said Man­nor or Lordship, Lands and Tenements, with all and singular their appurtenances to his and their own proper use and behoof without any let, trouble, incumbrance or interruption, of or by the said R. L. and G. L. or either of them, their or either of their heirs or as­signs, or any of them, or of any other person or persons, by, or with their or any of their means, act, assent or procurement.

And that then also they the said R.L. and G.L. their, and either of their heirs and assigns, and all others which then, or at any time then after shall have, or rightfully claim to have any lawful estate, For further assurance. 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 Assigns of them, or of either of them of the said Sum of 4800l. of, &c. in manner and form as aforesaid. for and during the space of three years then next ensuing, at, and upon reasonable request to them or either of them to be made, and [Page 603]at the only costs and charges in the Law of the said Sir H. H. his heirs or assigns, or some of them, make, do, acknowledge, suffer and execute, or cause to be made, acknowledged, suffered, &c. un­to the said Sir H. H. his heirs and assigns for ever, all and every such further lawful and reasonable act and acts, thing and things, assurance and assurances, conveyance and conveyances, in the Law whatsoever, with warranty onely against themselves and their heirs, 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 heirs and assigns: be it by Fine, Feoffment, Recovery or Recove­ries, Deed or Deeds, enrolled or not enrolled, the enrollment of these presents, Release, Confirmation, or by all, or any of them, or otherwise by any other lawfull and reasonable act or devise, as shall be reasonably devised or advised by the Councel learned of the said Sir H.H. his heirs or assigns. And also that he the said Sir H.H. his Executors, Administrators and Assigns, and every of them, not doing, That the Mortga­ger shall enjoy the issues and profits of the Lands until the day of payment. nor committing any voluntary waste above the value of 10 l. of, &c. shall or may at all times from hence­forth, untill the third day of J. &c. without the let, trouble, interruption, or disturbance of, or by them the said R.L. and G. L. or either of them, their or either of their heirs or assigns, or of either of them, or of any other rightfully claiming, from, by or under them, or any of them, peaceably and quietly have, take, receive, perceive and enjoy the Rents, Issues and Profits of all and singular the said Man­nor or Lordships, Lands and Tenements, and other the premisses before herein mentioned to be hereby granted and conveyed, and every part and parcel thereof, without any account to be made or yielded unto the said R. L. and G. L. or either of them, their or either of their Heirs, Executors or Assigns, 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 heirs or assigns, nor any of them, shall nor will take any of the Rents, Issues, Revenues or Profits of any the Pre­misses, or of any part thereof, which shall grow, arise, or come in or out of the Premisses, or any part or parcel thereof before the said third day of J. &c.

[Page 604]And it is further covenanted, concluded and agreed by and be­tween the said parties to these presents, and the true intent and meaning of the same parties to these presents is; That the Mortgagee shall pay more for the clear purchase of the Land so mortgaged, and being forfeited. and the said R. L. and G. L. do by these presents further covenant, &c. to and with, &c. That if neither the said Sir H. H. his heirs nor assigns, nor any of them do pay or cause to be paid unto the said R. L. and G. L. their Heirs, Execu­tors, Administrators or Assigns, nor to any of them the said Sum of 4800 l. of, &c. in manner and form as is before limited and ap­pointed for the payment of the same, whereby the said estate of the said R. L. and G. L. shall become absolute; that then they the said R. L. and G. L. their Heirs, Executors, Administrators or Assigns, or some of them, shall and will well and truly content and pay, or cause to be paid unto the said Sir H. H. his Executors, Ad­ministrators or Assigns, or some of them at or in, &c. the Sum of 1000 l. of, &c. at or upon the third day of M. 1642. as the resi­due, and in full satisfaction of the clear and absolute purchase of the said Mannor or Lordship, Lands, Tenements, and other the Premisses, without fraud, covin, or further delay, unto them the said R.L. and G. L. their heirs and assigns, to the only proper use and behoof of them the said R. and G. their heirs and assigns for ever.

And the said Sir H. H. doth covenant, &c. to and with the said E. L. and G. L. &c. That if the said Sir H. H. To relinquish possession after default of payment of the Sum contained in the Proviso. his Heirs, Executors, Administra­tors nor Assigns, nor any of them do well and truly pay nor cause to be paid unto the said R.L. and G. L. nor to the heirs, executors, administrators or assigns of them, nor any of them, the said Summe of 4800 l. 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 he the said Sir H. H. his Tenants, Farmours, and assigns, and every of them (other than such as be hereafter excepted, shall and will deliver, yield up and relinquish unto the said R.L. and G.L. their heirs or assigns, or the Survivor or Survivors of them, the peaceable and quiet possession of the said Mannor or Lordship, and of all other the Premisses with the appur­tenances, without any let, trouble, contradiction or interruption. [Page 605]And that then also he the said Sir H. H. his heirs and assigns, and Dame R. his wife, and all and every other person or persons now having or rightfully claiming, Further assu­rance. or which at any time or times hereafter shall or may lawfully have, claim or pretend to have any man­ner of estate, right, title, use, interest, condition or possession, of, in, or to the said Mannor or Lordship, and other the premisses, or any part thereof, other than such person and persons, whose estates, interests and terms are excepted in one former Indenture bearing date, &c. made between the said Sir H. of the one party, and the said R. L. and G. L. of the other party, for, and in respect onely of their Leases and terms, by, and in the said last mentioned In­denture excepted, shall and will at all and every time and times, from, and after such default of payment, had, or made of the said Sum of 4800 l. for and during the space of Seven years then next ensuing, at and upon reasonable request to him, her or them to be made, and at the onely costs and charges in the Law of the said R. L. and G. L. or any of them, or the heirs or assigns of them, or of one of them, make, do, &c. As in other like Covenants, &c.

And that the said R. L. and G. L. their and either of their heirs and assigns, For quiet enjoy­ing. and every of them, and all and every person and persons which at any time and times after the said default of payment of the said Summe of 4800 l. of, &c. had and made, as aforesaid, shall have any estate, right, title or inte­rest, of, in, or to the said Mannor or Lordship, Mannors, Lands, Tenements and other the Premisses, or any part thereof, by, from, or under the said R. L. and G. L. their heirs or assigns, or any of them, shall or may at all times from, and after the said default of payment of the said Summe of, &c. had or made, for ever peaceably and quietly have, hold, occupy and enjoy all the said Mannor and Lordship, Mannors, Lands, Tenements, and other the Premisses, without any let, trouble, vexation or interruption of, or by the said Sir H. H. his heirs or assigns, or any of them, or of, or by any other person or persons whatsoever (except as in and by the said Indenture of Bargain and Sale, bearing date the said, &c. made between the said Sir H.H. of the one party, and the said R.L. and G.L. of the other party, for and in respect only of the estates and interests, in and by the same Indenture excepted.)

[Page 606]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. To deliver up a Statute upon payment of the Money mentioned in the Proviso. That in case the said Sir H. his Heirs, Executors, Administrators or Assigns, or any of them, do well and truly pay, or cause to be paid unto the said R. L. and G. L. or one of them, or to the Heirs, Exe­cutors, Administrators or Assigns of them, or of one of them, the said Sum of 4800 l. of, &c. on the second day of J. &c. at or, &c. according to the purport, intent and true meaning of the said Pro­viso or Condition, without fraud or coven: that then they the said R.L. and G. L. or one of them, their or either of their Heirs, Executors, Administrators or Assigns, or some or one of them, shall and will within convenient time after the said payment so had and made, deliver or cause to be delivered to the said Sir H.H. his Executors, Administrators or Assigns, at, or, &c. one writing ob­ligatory or Recognizance in the nature of a Statute-Staple bearing date, &c. taken, sealed and acknowledged before, &c. wherein the said Sir H. H. is and standeth bound unto the said R. L. in the Summe of, &c. to be cancelled and made void.

And further, The said H. H. R. L. and G. L. have made, or­dained, constituted, and in their stead and place by these-presents have put and autho­rized A. B. &c. A Letter of Atturney to deliver possession. their true and lawful Attur­nies, joyntly and severally for them, and in their names, to enter into the said Mannor or Lordship and other the premisses, and into every or any part thereof in the name of the whole, and possession and seisin thereof, or of any part or par­cel thereof in the name of the whole, in their names, and to their use, to take: and after such possession and seisin thereof, and of every part and parcel thereof so had and taken, to deliver full and peaceable possession and seisin thereof to the said R. T. and G. B. or to their Atturney in that behalf appointed, To have and to hold to the said R. T. and G. B. according to the limitations, uses, pro­visoes and conditions before herein expressed, and according to the tenour, purport, effect and true meaning of this present Inden­ture Tripartite, holding firm and stable all and what soever their said Atturneys or either of them shall do or cause to be done in or about the Premisses by these presents. Forster. In witnesse, &c.

[Page 607] Memorandum, That the fourth day of M. in the, &c. peaceable and quiet possession and seisin of the Man­nors, Messuages, Lands, Delivery of possession. Tenements and Hereditaments in E. and F. within specified, was taken had and delivered by the Atturnies within named, to the within 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.

Memorandum, likewise, That the day and year abovesaid A. B. C. D. E. F. &c. did agree to this present grant with­in written, Attornment. 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; Forster. and in witnesse thereof the said A. B. C.D. E.F. &c. have hereunto set their hands.

An Indenture of Bargain and Sale absolute.

THis Indenture made, &c. between Sir R. M. of, &c. of the one party, and R.H. and G. H. &c. of the other party, Wit­nesseth, That the said Sir R. M. for and in consideration of the Sum of 600 l. &c. to him in hand, at, and before the ensealing and delivery of these presents, by the said R. L. and G. L. well and truly paid, whereof, and wherewith he acknowledgeth himself fully satisfied and paid, and thereof, and of every part and parcel there­of doth clearly acquit, exonerate and discharge the said R. L. and G. L. their and either of their Heirs, Executors and Administrators, Forster concilium. and every of them for ever by these presents, hath given, granted, bargain­ed, sold and confirmed, and by these presents doth fully, clearly and absolutely give, grant, bargain, sell and confirm unto the said R. L. and G.L. their heirs and assigns for ever, all that the Man­nor and Lordship of C. in the County of, &c. with all and singu­lar the Rights, Members, Liberties, Priviledges, Royalties and Ap­purtenances thereof whatsoever: and all that the Rectory and Parsonage of C. aforesaid, with all Gleab-lands, Tithes of Corn, Grain and Hay, Oblations, Obvention, Fruits, Profits and Com­modities whatsoever, of what nature, kind or quality soever they [Page 608]be, 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, parcel or member thereof, or to or with the same now, or at any time hereofore usually occupied or enjoyed, coming, growing, renewing and encreasing within C. and S. in the County of, &c. and the advowson, gift, free disposi­tion, right of Patronage of the Vicaridge and Church of C. afore­said, with the appurtenances in the said County of, &c. And also all and singular messuages, mills, houses, edifices, buildings, barns, stables, dove-houses, yards, orchards, gardens, lands, tenements, meadows, feedings, pastures, leasows, commons, wast-grounds, heaths, furzes, mores, marshes, woods, under-woods, wayes, wa­ters, fishings, fishing-places, streams, rivers, banks, ponds, rents, reversions, services, courts, leets, view of frank-pledge, perquisits, and profits of courts and leets, and all that to courts, leets and view of frank-pledge doth belong or appertain, goods and char­tels wayved and estrayed, goods and chattels of Felons and Fugi­tives, Felons of themselves, and of persons out-lawed, sees, wards, marriages, escheats, reliefs, heriots, fines, amerciaments, liberties, priviledges, and all other profits, commodities, advantages, emo­luments and hereditaments whatsoever to the said Mannor and Lordship, Rectory, and other the premisses herein before men­tioned, meant or intended to be hereby given, granted, bargained and sold, and to every or any of them by any means belonging or appertaining, or with the same, or any of them as part, parcel or member thereof, now or at any time heretofore demised, let, used, occupied, reputed or enjoyed with all and singular their appurte­nances; and also all and singular Messuages, Lands, Tenements, Rents, Reversions, Services and Hereditaments whatsoever of him the said R. M. in C. and S. aforesaid, and in H. and S. in the said County of, &c. and in every or any of them; and also all and singular Rents and yearly profits whatsoever, reserved upon any demise, lease or grant, demises, leases or grants heretofore made or granted of the premisses, or of any part or parcel thereof; and the Reversion and Reversions, Remainder and Remainders of all and singular the premisses, and of every part & parcel thereof: and also the said R.M. for the consideration aforesaid, hath granted, bar­gained and sold, and by these presents doth fully and clearly grant, bargain and sell unto the said R. L. and G. L. their heirs and as­signs for ever, all the estate, right, title, interest, use, possession, reversion, property, condition, claim and demand whatsoever, [Page 609]which he the said R. M. hath, or had, or shall, should, may, might or of right ought to have or claim of, in, or to the said Mannor and Lordship of C. Rectory, Advowson, Messuages, Lands, Tene­ments, Hereditaments, and all and singular other the premisses, with the appurtenances before, in, and by these presents granted, bargained and sold, or of, in, or to any part or parcel thereof, Habendum. To have and to hold all the said Mannor and Lordship, Rectory, Advowson, Messuage, Lands, Tenements, Meadows, Feedings, Pastures, Commons, Rents, Reversions, Services, Hereditaments, and all and singular other the premisses herein before mentioned, meant or intended to be hereby given, granted, bargained and sold, and every part and parcel thereof, with all and singular the Rights, Members and Ap­purtenances unto the said R. L. and G.L. their heirs and assigns, to the onely 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 Mannor, &c. ut in al. Warranty. Warran. &c. In cujus rei, &c.

An Indenture of Covenants to the former Indenture: Whereupon a Recovery is passed.

THis Indenture made the, &c. between Sir R. M. of, &c. of the one party, and R. L. &c. and G. L. of the other party; Whereas the said R. M. by an Indenture of Bargain and Sale, bear­ing the date hereof, and sealed and delivered with these presents for the Causes in the same Indenture mentioned and expressed, doth give, grant, bargain, sell and confirm unto the said R. L. and G. L. their heirs and assigns for ever, all that the Mannor and Lordship of C. &c. and divers other Lands and Tenements, as by the same Indenture of Bargain and Sale amongst other Co­venants, grants and agreements therein mentioned more at la [...]ge it doth and may appear. Now this Indenture witne [...] [...] That the said R.M. for the consideration in the said Inden [...] [...] 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 assigns for ever, All and all manner of Deeds, Evidences, Charters, Writings, Escripts, For delivery of Evidences. Court-Rolls. Books of Survey, Books of Ac­compt, Rentals, Counterparts of Leases, Terrors, Boundaries and Minuments whatsoever, any way touching or con­cerning [Page 610]the said Mannor and Lordship, rectory, advowson, messua­ges, lands, tenements and other the Premisses, with the appurtenan­ces, or any part or parcel thereof: All which said deeds, evidences, writings, escripts, Court-Rolls, books of Survey, books of accompt, Rentals, Counterparts of Leases, Terrors, Boundaries and Minuments before mentioned, Forster. or so many of them as now be in the hands, custody or possession of the said R.M. or of any other person or persons to his use, or by his delivery, or which he knowing where they are may lawfully get or come by without sute in the law, together with true Copies of all Deeds, Evidences, Writings and Minuments as do touch or concern the premisses, or any part or parcel thereof, joyntly with any other lands or tene­ments, the same Copies to be written and copied out at the costs and charges of the said R. L. and G L. their heirs and assigns: And the said R.M. for himself, his Heirs, Executors, and Admi­nistrators doth covenant, &c. to and with the said R. L. and G. L. their and either of their heirs and assigns, and every of them by these presents to deliver, or cause to be delivered unto the said R. L. and G. L. their heirs and assigns, or to some of them, For being seized. on this side and before the Feast of, &c. whole, safe, uncancelled and undefaced.

And the said R. M. doth covenant, &c. in manner and form fol­lowing, viz. That he the said R. M. at the time of the ensealing and delivery of these presents, is and standeth, and so until a good and lawful estate shall be vested and executed in the said R. L. and G.L. and their heirs, according to the intents 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 Mannor and Lordship, and of all and singular other the Premisses, with the appurtenances in the said Indenture mention­ed, meant or intended to be thereby given, granted, bargained and sold in his Demeasn, as of Fee-simple or Fee-tail general to his own proper, use and behoof, without any manner of condition or limitation of any use or uses to alter, change or determine the same: And that there is not, nor before the exe­cution or vesting of the said estate, No Reversion in the King. there shall be any Reversion or Remainder thereof, or of any part or parcel thereof &c. or in any other per­son or persons. And also that he the said R. M. now hath, and untill he executing and vesting of the said estate, shall have full power, lawful and rightful authority to convey and assure the sai [...] [Page 611]Mannor and Lordship, Rectory, Advowson, Messuages, Lands, Tenements, Hereditaments, and all and singular other the above mentioned, bargained Premisses, with the appurtenances, unto the said R.L. and G. L. their heirs and assigns for ever in form afore­said.

And the said R. M. doth covenant, &c, That the said Mannor and Lordship, Rectory, Advowson, Messuages, Lands, Discharge of in­cumbrances. Tenements, and all and singular other the Premisses before, by the said Indenture gi­ven, granted, bargained and sold, or meant, men­tioned or intended to be thereby given, granted, bargained and sold, and every part and parcel thereof with the appurtenances, at the ensealing and delivery of these presents, are, and be, and so at all times hereafter for ever shall be, remain and continue unto the said R.L. and G. L. their heirs and assigns, free and clearly ac­quitted, exonerated and discharged, or otherwise well and suffi­ciently saved and kept harmlesse, of, and from all and all manner of bargains, sales, gifts, grants, leases, joyntures, dowers, annui­ties, statutes-merchant, and of the staple, recognizances, uses, wills, intails, fines for alienation without licence, post fines, rents, charge­rents, seck, arrerages of rents, amerciaments, intrusions, primer­seisins, condemnations, judgements, extents, executions, claims, duties, debts of Record, debts to the, &c. and of, and from all other charges, estates, titles, troubles, incumbrances and demands what­soever, had, made, committed, suffered or done, or hereafter to be had, made, committed, suffered or done by Sir J.M. deceased great grand-father of the said R. M. his heirs and assigns, or by W. M. Arbitrator deceased, grand-father of the said R. M. his heirs or assigns, or by the said R. M. his heirs or assigns, 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 Mannor and Lordship, and other the Premisses, or of, in, or to any part or parcel thereof, in, by, from, or under them or any of them, or by their or any of their assent, means, consent, title, in­terest, act, sufferance or procurement; the chief Rent and Services from henceforth to grow due to the chief Lord or Lords of the see or fees of the Premisses, for, and in respect only of his or their Seigniory and Seigniories, only except and foreprised, and also except, &c. and also except one lease, &c. whereupon the yearly [Page 612]Rent of 10 l. is reserved, which shall or may be yearly, from and after the fifteenth day of, &c. be due and payable unto the said R. L. and G. L. their heirs and assigns during the continuance of the same excepted lease. Provided alwayes, That if the said R. M. his Heirs, Executors, Administrators or Assigns, or any of them do well and truly pay or cause to be contented and paid unto the said R. L. and G. L. their or either of their Executors, Administra­tors or Assigns the full Summe of 800 l. of, &c. on the, &c. at or, &c. That then as well this present Indenture, as the said recited Indenture of bargain and sale, and every of them, and every of them, and every covenant, grant, articles, clause and agreement in them and every of them contained, on the part and behalf of the said R. M. his Heirs, Executors or Administrators to be perform­ed and kept, shall immediately from thenceforth cease, determine and be utterly void, frustrate and of none effect; and that then also, and from thenceforth it shall and may be lawful, to, and for the said R. M. his heirs and assigns into the said Mannor and Lord­ship, Rectory, Messuages, Lands, Tenements, Hereditaments, and other the premisses with the appurtenances, and into every or any part or parcel thereof to re-enter, and the same to have again, en­joy and re-possess, as in his and their first and former estate, any thing in these presents contained to the contrary thereof in any wise notwithstanding.

And furthermore the said R. M. doth covenant, &c. That if default shall be made of the payment of the said Summe of 800 l. upon the said fifteenth day of, For quiet enjoying after default of payment. &c. at the place of payment aforesaid; that then and from and after such default of payment so thereof, or any part or parcel there­of had or made, they the said R. L. and G. L. their Heirs and As­signs, and every of them, shall or may from time to time, and at all times for ever, according to the tenor, purport and true mean­ing of these presents, peaceably and quietly have, hold, occupy, possess and enjoy the said Mannor, Lordship, Rectory, Advow­son, Messuages, Lands, Tenements, Hereditaments, and all and singular other the Premisses with the appurtenances, and every part and parcel thereof, without any manner of let, trouble, in­terrup on eviction, expulsion or disturbance of him the said R. M. his heirs or assigns, 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 J. M. great Grand-father of the said R. M. [Page 613]or by, from, or under the said J. 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 Assigns, and every of them shall or may without the let, trouble, molestation or inter­ruption of the said R. L. and G. L. their Heirs or Assigns, or of any other rightfully claiming, from, by, or under them, either or any of them, peaceably and quietly have, hold, perceive, receive, take and enjoy the Rent, Issues and Profits of all and singular the said Mannor and Lordship, Rectory, Messuages, Lands, Tene­ments, Hereditaments, and all and singular other the Premisses be­fore mentioned to be given, granted, bargained and sold by the said recited Indenture, and of every part and and parcel thereof with the appurtenances, until the sixteenth day of, &c. without any accompt to be made or yielded unto the said R. L. and G. L. their Heirs, Executors or Assigns, of, or for the same, the said recited Indenture or any thing therein contained to the contrary notwith­standing: And that neither the said R. L. and G. L. their Heirs or Assigns, nor any of them shall or will take any of the Rents, Issues, Revenues or profits or any of the Premisses, or of any part thereof, or which shall grow, arise, or come in or out of the Pre­misses, or any part or parcel thereof, before the said Fifteenth day of, &c.

And furthermore, the said R. M. doth covenant, &c. That if he the said R. M. his Heirs, Executors, Administra­tors or Assigns, For further assu­rance after de­fault of payment. or some or one of them do not well and truly pay or cause to be contented or paid unto the said R. L. and G. L. their or either of their Executors, Administrators or Assigns, the said Summe of 824. l. before mentioned, according to the true intent and meaning of the Proviso or Condition before herein ex­pressed: That then he the said R. M. and Dame W. his wife and their 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 than the persons before excepted, for, and in [Page 614]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 and assigns, or 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 heirs and assigns; And further, and all and every such other act and acts, thing and things, assurance and assurances, conveyance and conveyances in the Law whatsoever, for the better, more perfect, sure and ab­solute conveying and assuring of all and singular the said Mannor and Lordship, Rectory, Advowson, Messuages, Lands, Tenements, Hereditaments, and all other the 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 assigns for ever, absolutely without any manner of Condition, Mortgage or Redemption, be it by fine or fines, feoffment, Reco­very or Recoveries with single or double voucher or vouchers, deed or deeds, enrolled or not enrolled, the enrollment of these pre­sents release, confirmation, or by all or any of them, or other­wise by any other lawful and reasonable act and devise, with war­tanty 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 Council 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, That T. and W. P. by Writ of Entry, For passing of a Recovery. Sur disseism en le post, to be by them sued forth, at the costs and charges of the said R. L. and G. L. out of the High-Court of Chancery, and to be returned into the Court of Common-Pleas at Westminster, before the Justices there, against them the said R. L. and G. L. then in possession of the said Premis­ses, shall recover the said Mannor and Lordship, Rectory, Advow­son, Messuages, Lands, Tenements, Hereditaments, and other the Premisses mentioned, meant or intended, in, or by the said re­cited Indenture, to be bargained and sold with their rights, mem­bers and appurtenances, in due form of Law against the said R. L. and G. L. then being Tenants of the said Premisses, with the ap­purtenances, by some name and names in the said Writ and Reco­very [Page 615]to be contained, and upon the said Writ and proceeding there­upon, the said R L. and G. L. after appearance, shall vouch over to warrant the said R. M. and that the said R. M. shall thereunto ap­pear, and vouch over to warrant the Common vouchee, and that each of them, the said R. L. and G. L. and the said R. M. shall do, and suffer all, and whatsoever to them and either of them in that be­half shall belong and appertain, for the suffering a good and perfect Recovery of all the said Mannors, Lordships, Lands, Tenements, and other the Premisses mentioned in the said Indenture, to be thereby given, granted, bargained and sold unto the said R. L. and G. L. according to the course of Common Recoveries and Assuran­ces of Lands, in such Cases used, and that the said Recovery shall in due form of law be executed by the Writ of Habere facias seisin. accordingly.

And it is by these presents likewise fully concluded, agreed and declared by, and between all the Parties unto these presents, To lead the use of the Recovery. That the said Recovery and all other Recoveries whatsoever had, made, knowledged, levied, executed or suffered, or to be had, made, knowledged, executed or suffered of the Premisses, or of any parcel thereof, by, or betwixt the said Parties or any of them, and the full force and execution of the same and every of them, shall be and enure, and shall be had, taken, confirued, esteemed and adjudged to be, and to enure to the only uses, provisoes, conditions and limita­tions before herein mentioned, according to the true intent and meaning of the said Indenture and of these presents, and to no other use, behoof, intent or purpose whatsoever.

And it is further covenanted, conditioned, concluded and fully agreed, by and between the said Parties to these presents, For payment of a fur­ther sum of money for the absolute purchase of the land mortgaged. and the true intent and meaning of the said Parties to these pre­sents is, and the said R. L. and G. L. do co­venant, &c. That if the said R. M his Heirs, Executors, Administrators or Assigns, or any of them do not pay, or cause to be paid unto the said R. L. and G. L. their Executors, Administrators or Assigns, nor to any of them, the said Sum of 800 l. &c. at the day, and places of payment thereof above mentioned, but shall make default of payment there­of, or of any part or parcel thereof, according to the true meaning of the said Proviso or condition, whereby, or by reason whereof the premisses, and every parcel thereof, shall become absolute to the said R. L. and G. L. their heirs and assigns, according to the [Page 616]true intent and plain meaning of these presents; that then they the said R. L. and G. L. their Heirs, Executors, Administrators or As­signs, or some of them, shall and will pay, or cause to be paid unto the said R. M. his Heirs, Executors, Administrators or Assigns, at, or, &c. the full sum of, &c. in manner and form following; that is to say, on the, &c. day of, &c. the sum of 120 l. and within one whole year next ensuing the day of the death of the said R. M. the Father, the sum of 100 l. at the end of one other whole year then next following, one other 100 l. and at the end of one other whole year also then next ensuing, one other 100 l. in full satisfaction of, and for the clear and absolute purchase of the said Mannor and Lordship, Rectory, Advowson, Messuages, Lands, Tenements, Hereditaments, and of all and singular other the premisses in the said Indenture mentioned, to be thereby given, granted, bargain­ed and sold, and of every part and parcel thereof with the appur­tenances. In witness, &c.

Covenants for surrendring of Copy-hold Lands.

And the said D. S. for the consideration before in these presents expressed, doth further covenant, promise and grant, for her self, For making a Surrender. her Heirs, Executors and Administra­tors, and for every of them, to, and with the said J. P. his Heirs and Assigns by these presents, That she the said Dame S. 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 J. P. his Heirs or Assigns, make and suffer, or cause to be made and suffered a good and sufficient Surrender in Law, to the use of the said J. P. his heirs and assigns for ever, according to the custome of the Mannor of C. of one Field or Close of Pasture, &c. And so recite the Land verbatim, & for every part and parcel thereof with the appurtenances, being parcels of the said Mannor of C. and which late were the Copy-hold inheritance of T. C. deceased, according to the custome of the said Mannor.

And the said Dame S. doth covenant, &c. That the said Copy­hold Lands, at the time of the making and per­fecting of the said Surrender, Discharged of In­cumbrances. shall be, and so at all times for ever hereafter, shall continue unto the said J. P. his Heirs and Assigns clearly discharged, or otherwise sufficiently saved and kept harmless, of, and from all former charges, estates, titles, troubles, surrenders, for­feitures [Page 617]and incumbrances whatsoever, made, committed, suffered or done by the said T. C. deceased, his heirs or assigns, or by the said E. S. his heirs or assigns, or by the said Dame S. S. or by any other person or persons, by, or with their, every, or any of their means, assent, title, interest, act, sufferance or procurements.

And the said Dame S. doth covenant, &c. That the said Copy­hold Lands and Premisses before mentioned, 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 20 l. by the year, above all rents, charges and reprises, and so are, and be now well worth to be let or set, and that the same Close shall from time to time here­after, so remain, be and continue of the yearly value aforesaid, unto the said J. P. his, &c. during the term and continuance of the said everal mentioned or recited Leases and either of them.

A Bargain and Sale of Swans and Swan-mark.

TO all Christian People, to whom this present writing shall come, A. B. of, &c. sendeth greeting, &c. Know ye, That I the said A. B. for divers good causes and considerations me in this be­half specially moving, have given and granted, and by this my present writing, do give, grant and confirm unto C. D. of, &c. all those my Swans and Signets, and game of Swans and Signets white and grey, marked with the ragged-staffe, swimming, remaining and being, in, upon, or about the River of W. in the County of, &c. or in, upon, or about any other Rivers, Brooks, waters or places within the same County of, &c. or elsewhere wheresoever. And all rights, royalties, priviledges, preheminences, profits and com­modities whatsoever, to the same Swanners and Signets, and game of Swanners and Signets, 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 assigns for ever, in as large, ample and beneficial manner and form, as I the said A. B. or any my Ancestors ever have held, held or enjoyed, or might or ought to have had, held or enjoyed the same. In witness, &c.

A Bargain and Sale of under-wood.

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. and all and singular Woods and Under-woods, growing and being within the Grove called W. grove, and the hedge of the same, containing by estimation sixteen acres, be it more or less, lying and being in the Parish of D. in the County of H. and also all the lops and shreds, of all such Trees, being within the said grove called W. as have been usually lopped at the selling of the Under-wood growing within the said grove, except, and alwayes out of this present Sale reserved unto the said A. B. his heirs and assigns, all manner of Trees whatsoever, other than under-wood now growing, or being in or upon the same grove or any parcel thereof, To have and to hold the said under­woods, lops and shreds, before by these presents bargained and sold (except before excepted) unto the said C. D. his Executors and Assigns, to his and their only proper use and behoof. And the said A. B. doth covenant, &c. That he the said C. D. his Executors and Assigns, at his and their liberty and pleasure shall or may peaceably and quietly have, hold, take and enjoy the said Under­woods, and enter into the said grove, and every part and parcell thereof, there to fell, hew and cut down all and singular the said woods and under-woods, and hedge-rowes 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, load, carry and convey from thence to any other place or places, at his and their liberty and pleasure at all time and times, during the space of three years, by all convenient ways thereunto now used and accustomed, with­out any lawful let, contradiction, &c. And the said C. D. doth covenant, &c. That he the said C. D. his Executors and Assigns, shall and will at every felling, which he or they shall make of the said woods, under-woods and trees, leave standing and growing in, and upon the premisses, so many competent and sufficient stan­dards, staddels and stories, as by the laws 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 good all hedges and fen­ces [Page 619]about the young Springs of the said Wood, for the safe keeping thereof from hurt and spoil of Beasts and Cattel, according to the Custome of the County there. In witness, &c.

A sale of Billets and Wood or Timber.

THis Indenture made, &c. between T. C. R. W. and G. M. of the one part, &c. and J. B. and R. W. &c. on the otherpar­ty, witnesseth, That the said, &c. for the considerations here under mentioned, have bargained and sold, and by these presents do ful­ly and clearly bargain and sell unto the said, &c. Ten thousand loads of good merchantable and lawful Western Billets, at, and after the rate and price of three shillings and six pence the load; and also five hundred loads of good merchantable, sound and well squared Oken Timber, accompting fifty foot to every load, at, and after the rate and price of ten shillings the load, with such de­ductions and defalcations out of the same several prises, as is here under expressed, and the same Billets and Timber to be delivered at such places and times, and in such manner and form as here-un­der is mentioned, and the said, &c. to and with, &c. That they the said T. W. and G. or some of them, their, &c. shall and will and truly deliver or cause to be delivered to the said, &c. all and every the said Ten thousand loads of Billets, and five hundred loads of Timber of the kinde and goodness aforesaid, to the pro­per use of them the said, &c. free and discharged of all manner of charges and incumbrances whatsoever, and allowances (water carriage onely excepted) at, and upon some Wharfe or Wharfes 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 Rene Wood in the County of Berks, in manner and form follow­ [...]ing; that is to say, three hundred loads of the same Billets, and [...]one hundred loads of the same Timber, at or before, &c. and be­tween that and the day of, &c. three thousand more of the same Billets, and two hundred loads of the same wood or Timber, at [...]or before, &c. between the same day of, &c. and the day, &c. four 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, at or on, &c. and also that they the said T. R. and G. their, &c. shall not only deliver or cause to be delivered, all [Page 620]and every the said Billets and Timber at the Water-side, or some Wharf, or Wharfs, in some, or any the Towns and places above mentioned, for, and to the use of, &c. and in form aforesaid, clear of all charges and incumbrances whatsoever, but shall also from time to time, and at all times from henceforth save and keep harm­less the said Billets and Timber, and every parcel thereof to the said, &c. from and against the purveying to his Majesties use, and against all and every the Purveyors and Takers of, or for his Maje­sties Wood-yard, and of his Heirs and Successors, or else shall de­liver or cause to be delivered to the use aforesaid, to the said, &c. at the place of delivery aforesaid, or at some of them, in recom­pence of, and for such of the said Billets and Timber, as shall be so taken, so much more in stead thereof, at the rates and prices aforesaid before the, &c. In part of payment of, and for all which Billets and Timber to be delivered as aforesaid, the said J. B. and R. W. have truly paid to the said T. C. R. W. and G. M. before the ensealing hereof, the Summe of, &c. of which said Summe of, &c. the said T. C. R. W. and G. M. acknow­ledge themselves fully satisfied and paid, and thereof, &c. And as for the other part of the money for the said Billets and Tim­ber, amounting to the summe of, &c. the said, &c. convenanteth and granteth, to and with, &c. well and truly to pay or cause to be paid to the said, &c. upon the day of, &c. next after reason­able request thereof to be made, and given in writing to the said, &c. or at or within, &c. after the delivery of so much of the said Billets and Timber, as after the rates aforesaid, shall amount to the Summe of Seven hundred pounds or more, the said 700 l. 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 delivered, do amount to the Summe of, &c. over and above the said Summe of, &c. already paid; and the said summe of, &c. in 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, in form following; that is to say, for so many thereof as shall not be delivered at H. S. afore­said, so much money as the carriage by water of the same not de­livered at H. S. aforesaid, shall amount unto, from any other place appointed by these presents for delivery thereof, unto any one of the said places of H. and S. aforesaid, or either of them, the said, &c. shall have allowance and defalcations out of the said Summe of, &c. for every load of Billets, as aforesaid, to be delive­red [Page 621]at S. 8 d. and for every load of Timber, &c. and for every load of Billets to be delivered at R. 4 d. and for every load of Timber 16 d. and for every load of Billets, to be delivered at the Wharse nearest Kentistwood 12 d. and for every load of Timber 2s. And the said, &c. for them, &c. to and with, &c. to pay and satisfie to the said, &c. upon reasonable request, so much of the said Summe of, &c. as shall amount and remain over and above the allowance and desalcations, 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 of carriage, as aforesaid, shall amount to more than 325 l. that then they said, &c. shall well and truly pay or cause to be paid to the said J. B. and R. their, &c. upon reasonable request so much money as the same allowance shall sur­mount the said Summe of, &c. In witness, &c.

A Release of a Proviso or Condition for payment of money, reserved upon an Indenture of Bargain 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. and the full Summe of, &c. lawful mo­ney, &c. to me due and payable on this present, &c in the, &c. by force and vertue of one Proviso or Condition contained in one Indenture of Bargain and Sale bearing date, &c. made between me the said A.B. of the one party, and the said C. D. of the other party, for, touching and concerning certain Messuages, Lands, Te­nements and Hereditaments, lying in, &c. in the County of, &c. which said summe of, &c. so by me received, as aforesaid, is in full discharge, satisfaction and payment of 500 l. of, &c. and is for the full and absolute bargain and sale of all that Messuage, &c. by me the said A. B. mentioned to be bargained and sold in and by the same Indenture, as by the same Indenture more at large appeareth, of which said Sum of 200 l. so by me the said A.B. received as afore­said, I acknowledge my self fully satisfied, contented and paid, and thereof, and of every part and parcel thereof, do clearly acquit, exonerate and discharge the said C. D. his Executors and Admini­strators, and every of them for ever by these presents.

And further know ye, That I the said A. B. have remised, re­leased [Page 622]and for ever quit-claimed, and by these pre­sents do remise, Release of all his Estate. release, and for ever quit-claim unto the said C.D. being in his full and peaceable posses­sion and seizin being, and to his heirs and assigns, to the only proper use and behoof of the said C. D. his Heirs and and Assigns for ever, all the estate, right, title, interest, claim, con­dition, entry, benefit and demand whatsoever, which I the said A. B. have or had, or may, might or ought to have or claim, of, in, or to the said Messuage, &c. reciting the Land: and of, in, and to all and singular other the Piemisses, with all and singular their appurtenances, in, and by the said recited Indenture mention­ed to be bargained and sold, and of, in, and to every part and par­cel thereof with the appurtenances; so that neither I the said A.B. my heirs or assigns, 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 parcel thereof: but that we and every of us shall be thereof, and of every part and parcel there­of, from henceforth utterly barred and excluded for ever by these presents.

And I the said A. B. and my heirs, all and singular the said Pre­misses with the appurtenances, against me, my Heirs and Assigns, Warranty. and every of us unto the said C. D. his Heirs and Assigns for ever shall and will warrant, and for ever defend by these presents.

A Release, where three have a joynt Estate of inheritance.

THis Indenture made, &c. between G.M. T.C. and H.L. of the one party, and Sir G. M. of the other party, witnesseth, That whereas the said G.M. T.C. and H.L. are and stand joyntly seized to them and their heirs, of an absolute estate of inheritance in see-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 ver­tue of a conveyance or assurance, by, or from R. V. &c. as by the conveyance and assurance thereof, made by the said R.V. unto the said G. M. T.C. and H. L. more at large it doth and may appear: And whereas the said T. C. and H. L. have by sufficient convey­ance and assurance in Law conveyed, assured and confirmed all [Page 623]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, whereby he the said G.M. is thereof now fully and absolutely seized in his Demeasn as of fee, and whereas also the conveyance and estate of the Premisses, so as aforesaid, made unto the said G. M. T.C. and H.L. and their heirs, was to them made by the direction and appointment of the said G.M. and at his only charge and costs every kind of way, as well for the assurance thereof; as otherwise; and was meant and in­tended for the good of the said G. L. and his heirs, and to be at his and their only disposition.

Now therefore the said T. C. and H. L. as much as in them is or lyeth, have remised, released, quit-claimed and confirmed, and by these presents, for, and from them and either of them, their and either of their heirs, &c. do remise, release, quit-claim 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, joynt, tenure, claim and demand, which they the said T. C. and H. L. have by any manner of convey­ance or assurance, of, in, or to the Premisses, or any part or parcel thereof, and do by these presents further deliver, and confirm the Premisses with the appurtenances, and all their and either of their said estate, right, title, interest, possession, claim or demand, of, in, and to the same Premisses with the appurtenances, and every part and parcel thereof unto the said Sir G. M. his heirs and assigns, To have and to hold the said Mannor, Messuages, Lands, Tene­ments, Hereditaments, and all and singular the Premisses with the appurtenances unto the said Sir G. M. his heirs and assigns for ever, to the only use and behoof of the said G. M. his heirs and assigns for ever, to hold of the chief Lords of the see, Blunden. by the rents and services for the same heretofore due and accustomed, &c. with warranty as in others.

A Release of an Assignment made upon Condition.

TO all Christian People to whom, &c. IO. greeting, &c. Where­as M.C. by his Indenture bearing date, &c. did for the conside­ration therein mentioned, bargain, sell, assign and set over to me the said I. O. my Executors, Administrators and Assigns, all his estate, right, title, interest, term of years and demand of, and in all [Page 624]that capital Messuage, &c. and divers other Lands and Heredita­ments in L. in the said County of E. in the said Indenture men­tioned; upon condition nevertheless, that if T. R. &c. his Execu­tors or Assigns, any of them, did well and truly pay, or cause to be paid to me the said J. O. my Executors or Assigns, the summe of 2000 pound of, &c. at, or, &c. on the Feast day of, &c. without fraud or coven, that then, and at all times from thenceforth, the said Indenture of assignment made by the said M. C. and every co­venant, grant, article and thing therein contained, should deter­mine and be utterly void, and of none effect, and then also, &c. Reciting thē Covenant verbatim as in the Assignment, as in, and by the said Indenture of Assignment to me made by the said M. C. a­mongst divers other Covenants, Clauses, Articles and Agreements therein contained, more at large it doth and may appear. Now know ye, That I the said 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-day of, &c. in the said Proviso or Condition in the said recited Indenture of Assign­ment mentioned, the Summe of 2000 l. &c. according to the tenor and purport of the said proviso or condition in the said re­cited Indenture contained, of which said Summe of 2000 l. so by me received, as is aforesaid, and of every part and parcel thereof, I the said J. O. do acknowledg my self fully satisfied and paid, and thereof, and of every part and parcel thereof, and of all and all manner of interest, title and demand, in, or to the Premisses, or any of them, do clearly exonerate, acquit, and for ever discharge the said M. C. and T. R. and either of them, their and either of their Heirs, Blunden. Executors and Administrators, and every of them by these presents. In witness, &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 speci­ally moving, have remised, released and quit-claimed, and by these presents do for me and my heirs remise, release, and for ever quit-claim unto T.G. and M. his wife, in their full and peaceable pos­session and seisin being and to the heirs and assigns of the said T. G. to the only proper use and behoof of them the said T.G. and M. [Page 625]and of the heirs and assigns of the said T.G. for ever, all the estate, right, title, interest, use, possession, reversion, remainder, property, claim and demand whatsoever, which I the said J. R. have or had, or that I, my heirs or assigns, or any of us at any time or times hereafter shall have, or may, might, should or ought to have or claim, of, in, and to all that the scite of, &c. recite the Land as in the Indenture of bargain and sale: and of, in, and to every part and par­cel thereof, and of, in, and to the Reversion and Reversions what­soever, of all and singular the premisses herein before mentioned to be remised and released, and of every part and parcel thereof with the appurtenances: and of, in, and to all and singular Woods, Un­der-woods and Trees growing or being, of, in, or upon the pre­misses, or any part or parcel thereof: and of, in, and to the ground and soile of the same Woods, Under-woods and Trees: and of, in▪ and to all and singular the Rents and profits whatsoever, reserved upon any demise, lease or grant heretofore made or granted of the premisses, or of any part or parcel thereof, To have and to hold the said scite, &c. and the said Messuage or Tenement called the B. the said Tenement called the C. and all and every other the said Messuages, Lands, Tenements, Meadows, Feedings, Pastures, Com­mons, Hereditaments, and all and singular other the premisses here­in before mentioned, to be remised and released, and every part and parcel thereof, with the appurtenances, together with the said estate, right, title, interest, use, possession, rever [...]on, remainder, property, claim and demand whatsoever of me the said J. R. and my heirs, of, in, and to the same premisses, and of, in, and to every part and parcel thereof, with their 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 J. R. nor my heirs, not any of us, nor any other person or persons, for us, or any of us, or in the name or names of us, or any of us, shall or will at any time or times hereafter, ask, claim, challenge or demand to have any manner of estate, right, title, interest or demand, of, in, or to the scite, &c. lands, tenements, meadows, feedings, pastures, hereditaments, and other the pre­misses, or any part or parcel thereof, with the appurtenances: but that we and every of us shall be thereof, and of, and from every part and parcel thereof from henceforth utterly barred and exclu­ded for ever by these presents, with warranty against J. R. and his heirs.

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 J. H. of, &c. being possessed and interessed for di­vers years yet to come, of, and in divers Messuages, Lands, Tene­ments and Hereditaments, mentioned and contained in one pair of Indentures, dated, &c. had and made between him the said J. H. of the one party, and H. A. of the other party, did by In­denture bearing date, &c. assign and set over unto the said H. A. the said original Lease, and all and singular the Lands, Tenements and Hereditaments therein contained, all which the said H. A. hath sithence by his several grants or assignments, granted, assigned and set over unto G.R. of, &c. to have to him, his Executors and Assigns, for and during all his estate, title, term, interest and num­ber of years which he had, of, in, or to the premisses, as by his se­veral Grants or Assignments more at large appeareth, to this intent, meaning and purpose; Nevertheless, and upon trust and confi­dence that the same shall be to the use, benefit and behoof of D.N. W. F. and R. M. equally amongst them. And whereas by a cer­tain pair of Articles of Agreement indented, bearing date the, &c. made between the aforesaid W. F. on the one party, and the said D.N. of the other party, it was agreed between them the said D.N. and W. F. and the said W. F. did for him, his Executors, Administrators and Assigns, covenant, grant and agree, to, and with the said D. N. his Executors and Assignes, That he the said D. N. his Executors or Assigns, should or might, at all time and times from thenceforth during the said term, have and enjoy to his only use and behoof, all the estate, title, term, interest, number of years, use and commodity whatsoever, which he the said W. F. his Executors, Administrators or Assigns, had, should or might have, of, in, or to one full third part, in three parts to be divided of all and singular the premisses, and all the estate, title, term, interest, use, benefits, number of years and commodity, which he the said W.F. hath, of, in, or to the premisses, or any part thereof: In consideration whereof, the said D.N. his Executors, Administrators or Assigns, should yearly pay, or cause to be paid unto the said W.F. his Executors, Administrators or Assigns, 200 l. during the said term: the same to be paid, &c. as in the Articles of Agreement: as by the same Articles of agreement may appear. Now know ye, That the said W.F. for and in consideration of the Sum of 2000 l. &c. to him in hand at and before the ensealing and de­livery [Page 627]of these presents by the said D.N. well and truly paid, doth by these presents for him, his, 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 and Administrators, the said yearly Rent or Sum of 200 l. 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, sutes, cause and causes of actions and sutes, trespasses, reckonings, rents, arrerages of rents, accompts, executions, sum and sums of money and de­mands whatsoever, which at any time heretofore ever he the said W. P. hath or had, or that he, his Heirs, Executors or Admini­strators, or any of them, at any time or times hereafter can or may have, claim 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 l. or any of the Articles or Agreements concerning the same, or any of them, or any other the Covenants in the said several Writings contained, or either of them. And further know ye, That the said W. F. doth by these presents rem [...]e and release unto the said D. N. his Executors and Admini­strators, all and all manner of other actions, sutes and demands whatsoever, which at any time heretofore he hath had, or at any time hereafter shall or may have, to, or against the said D. N. his Executors or Administrators, for, or by reason of any other mat­ter, cause or thing whatsoever, from the beginning of the World untill the, &c. day of, &c. In witnesse, &c.

A Release of a Condition in an Indenture of 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, as well for, and in consi­deration of the sum of 1000 l. &c. then in hand paid to E.E. by M. P. as for 20 s. of, &c. paid unto the said T. C. and R. W. and for divers other good causes and considerations them thereunto espe­cially moving, did bargain, sell, enfeoffe and confirm unto the said M. B. his heirs and assigns 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 and at large it [Page 628]doth and may appear: In, and by which said Indenture before re­cited, there is a condition or proviso contained in these words, or to this effect following, that is to say, Provided alwayes, That if the said M.B. &c. reciting the Proviso or Covenant truly. Now know ye, That we the said T.C. and R. W. for divers good and reasonable causes and considerations, us in this behalf specially moving, have remised, released and quit-claimed, and by these presents do for us and our heirs, remise, release, and do for ever quit-claim unto the [...]aid M.B. being in his full and peaceable possession and seisin of the premisses, and to his heirs and assigns, to the only use and behoof of him the said M.B. his heirs and assigns for ever, the said proviso and condition, and all and every article, matter and clause concern­ing the same, and all the estate, right, title, interest, claim, condition, entry, benefit and demand, and every of them whatsoever, which we the said T.C. and R.W. or either of us, have or hath, or may or ought to have or claim, of, in, or to the said Park called N. Lodges, lands, tenements, meadows, feedings, pastures, woods, under-woods, waters, fishes, fishings, waste-ground, hereditaments, and all and sin­gular other liberties, profits and commodities whatsoever men­tioned or expressed, or intended to be granted, bargained or sold, in, or by the said recited Indenture dated, &c. and of, in, and to every part and parcel thereof with the appurtenances, so that nei­ther we, &c. as in other before with warranty as aforesaid.

A Release of an Annuity.

TO all Christian People to whom, &c. A.B. greeting, &c. where­as the said A. B. by his Deed, &c. reciting the grant of Annuity. Now the said A. B. in consideration, &c. hath granted, remised, released and quit-claimed, and by these presents doth grant, remise, release and for ever quit-claim unto the said R. O. being the true and lawful owner of the said Mannor of R. and in possession of the same at the ensealing and delivery hereof, the said Annuity or year­ly Rent of thirteen pounds, &c. and all the arrerages thereof if any be, and all the estate, right, title, interest, benefit, claim and demand whatsoever of him the said A. B. in and to the said Annuity or year­ly Rent of 13 l. or any arrerages, distresse or distresses, entry or for­feiture had or taken, or which may or can be had, taken or claimed, for, concerning, or by reason of the said Annuity or yearly Rent, or Arrerages thereof, if any be. In witness, &c.

A Release of the Condition and other Covenants in an Indenture of mort­gage, with a confirmation from the Mortgager to the Mortgagee.

THis Indenture made the, &c. between Sir H. H. &c. of the one party, and R. H. and G. L. of the other party. Whereas the said Sir H. H. by one Indenture bearing date, &c. as well for, and in consideration of the Summe of 400 l. then already paid un­to the said H.H. before the ensealing and delivery of the said In­denture, as also for, and in consideration of the Summe of 1000 l. &c. to be paid unto the said H. his Executors or Assigns, at such a day, time and place, and in such manner and form, as in the said recited Indenture dated, &c. were set down and expressed, hath given, granted, bargained, sold, confirmed, and delivered unto the said R.L. and G. L. their heirs and assigns forever, all that the Mannor or Lordship of E. in the County of L. &c. as in the In­denture. And sithence the said Sir H.H. and R. his wife, have [...] ­vied a fine of the said Mannor or Lordship, Messuages [...] Tenements, and of other the Premisses, or of the greatest part thereof, unto the said R. L and G. L. and to the heirs of one [...] them: And sithence a Recovery in and by a Writ of Entry, S [...] disseisin en le post. hath been had of the premisses, or o [...] the most part thereof against the said R.L. and G. L. who vouched therein to warranty the said H.H. who thereupon entred into the warran­ty, and vouched over to warranty the common voucher, in, and by all things, according to the usual order and form of Common Recoveries with double voucher for assurance of Lands and Te­nements, which Recovery hath been executed by Writ of Habere facias seisin; accordingly which said fine and recovery, and all other fines and recoveries whatsoever, sithence the date of the said Indenture had, levied or suffered, by, or between any of the said parties to the same Indenture, or any of them of the premisses, or of any part or parcel thereof, were had, levied and suffered, to the only use of the said R. L. and G. L. and their heirs, upon the con­dition contained in the same Indenture, and according to the in­tent and true meaning of the same Indenture, dated the said first day of, &c. and to no other use, intent or purpose. In which said Indenture dated the said first of, &c. there is a Proviso or condition contained in these words, or to this effect following; that is to say, Provided alwayes, &c. reciting the Proviso. And in which said [Page 630]recited Indenture dated the said first day of, &c. there is a Cove­nant contained in these words, or to this effect following; that is to say, And the said R. L. and G. L. do covenant and grant, &c. reciting the Covenant, That the Mortgager may have and receive the issues of the Lands mortgaged till the day of payment, &c. And in which said recited Indenture dated the said first day of, &c. there is also con­tained a Covenant in these words, or to this effect following, viz. In consideration whereof the said R. L. and G. L. for themselves, their Heirs, Executors and Assigns, and every of them, do cove­nant and grant, to and with, &c. by the se presents, That if neither the said H.H. his heirs or assigns, nor any of them, do pay the said Sum of 4000 l. &c. to the said R. L. and G. L. their Heirs, Execu­tors, Administrators and Assigns, nor to any of them, according to the intent and true meaning of the said proviso or condition before herein mentioned; that then they the said R. L. and G. L. their Executors, Administrators or Assigns, or some of them, shall and will well and truly pay, or cause to be paid unto the said H. H. his Executors, Administrators or Assigns, or some of them at the said, &c. the Summe of 1000 l. &c. at or upon the second day of, &c. as the residue, and in full satisfaction of the clear and absolute pur­chase of the said Mannor or Lordship, Lands, Tenements and other the premisses, without fraud, coven or further delay, as in and by the said recited Indenture, dated the said first day of, &c. amongst divers other Covenants, Grants, Articles and Agreements therein contained, more plainly at large it doth and may appear. Now this Indenture witnesseth, That the said H. H. for divers good and sufficient causes and considerations him the said H. H. especially moving, hath remised, released and quit-claimed, and by these presents doth for him and his heirs, remise, release, and for ever quit-claim unto the said R.L. and G. I. in their full and peaceable possession and seisin being of the Premisses, and to their heirs and assigns, to the only proper use and behoof of them the said R.L. and G. L. their heirs and assigns for ever, the said pro­viso and condition, and all and every article, matter and clause con­cerning the same, and all and every the said covenants before herein recited, and every article, sentence and clause concerning the same, and every or any of them, & all the estate, right, title, interest, claim, condition, entry, benefit and demand whatsoever, which he the said H.H. hath, or may, might, should, or ought to have claim, of, in, or to the said Mannor or Lordship of E. Mannors, Messuages, Lands, Tenements, Rents, Reversions, Services, &c. and all other [Page 631]profits, liberties, commodities, hereditaments, and other the Pre­misses, with their and every of their rights, members and appur­tenances whatsoever, mentioned, or expressed or intended to be given, granted, bargained and sold, in, or by the said recited In­denture dated the said first day of, &c. and of, in, and to every part and parcel thereof with the appurtenances, and all manner of con­ditions, covenants, articles for conditions broken and demands whatsoever, of, touching, or in any wise concerning the said Man­nor or Lordship, Lands, Tenements, and other the Premisses, or any part or parcel thereof; so that neither he the said H. H. nor his heirs, or any of them, nor 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 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 Mannor or Lordship, and other the premisses, or any part or parcel thereof, other than such estates, terms and interests, as are in the former recited Indenture excepted. But that he, they and every of them (except before excepted) shall be thereof, and of, and from every part and parcel thereof, from henceforth utter­ly barted and excluded for ever by these presents.

And further, the said H. H. doth for him and his heirs confirm the estate of the said R. L. and G. L. of, and in the said Mannor or Lordship, Messuages, Lands, Tenements, and other the Pre­misses, To have and to hold all the said Mannor or Lordship, Lands, Tenements, and other the Premisses, to the said R. L. and G. L. their heirs and assigns 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 heirs and assigns for ever. And the said H.H. and his heirs, the said Mannor or Lord­ship, Lands, Tenements, Hereditaments, and all and singular the Premisses, with their and every of their appurtenances, unto the said R.L. and G. L. their heirs and assigns, to the only proper use and behoof of them the said R. and L. their heirs and assigns 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-claim unto the said R.L. and G.L. their heirs and assigns, all manner of Errors, Foster. Writs of Error, and personal demands whatsoever. In witnesse whereof, &c.

An Indenture of allotment of several parts of Lands.

THis Indenture sextipartite made, &c. between W. C. on the one part, E. D. and D. his wife on the second part, P. H. and F. his wife on the third part, R.P. and M. his wife on the fourth part, W.C. and E. his wife on the fifth part, and T. L. and F. his wife on the sixth part, Witnesseth, That whereas divers and sundry Mannors, Lands, Tenements, Rents, Reversions, Services and Hereditaments, with the appurtenances, late the inheritance of the late Lady J. B. deceased, sometimes wife of the Right Honoura­ble Sir E. B. Knight, likewise deceased, set, lying and being in di­vers and sundry Countries, Shires and places within the Territo­ries of England, by, and after the death of the said Lady J. 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 Cosin, and one of the co­heirs of the said Lady J. B. that is to say, Son of the Lady A. C. deceased, daughter of the said Lady J. B. by G. C. Knight, Lord C. late husband of the said Lady A. now likewise deceased, law­fully begotten, to the said D. C. and D. his wife, in the right of the said D. one other of the Daughters and Co-heirs of the said Lady J. B. To the said P.H. and F. his wife in the right of the said F. one other of the Daughters and Co-heirs of the said Lady J.C. To the said R.P. and M. his wife, &c. one other of the Daughters and Co-heirs of the said Lady J. B. to the said W. C. and E. his wife, as in the right of the said E. one other of the daughters and co-heirs of the said Lady J. 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-heirs of the said Lady J. B. by reason whereof the said W. C. E. C. &c. into the said Mannor, Messuages, Lands, Tenements and Hereditaments, with their appurtenances entred, and were thereof seized in Coparcionari: That is to say, the said W. C. in his own right, and the said E. C. and R. P. &c. and their said wives, in the right of their said wives, and they being thereof so seized of their wills, and mutual assent and agreement the seventh day of, &c. last past, before the day of 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 Mannors, Messua­ges, [Page 633]Lands, Tenements and Hereditaments, with their appurte­nances to them descended and come, as is aforesaid, and which he hereafter expressed into six several parts or shares, and agreed that every of the said six severall parts should be severally written and mentioned in a scroul of paper by it self, and that afterwards every of the said six several scrouls of paper, should be by an indifferent man thereunto appointed by their mutual assents, severally inclo­sed and covered, in, and with wax made like little balls of like bigness and weight, so as no man may see any of the scrouls, and that then the said little balls of wax should be put in a bonner, to be kept in the hands of an indifferent man thereunto appointed by their mutual assents, and that the said W. C. being heir unto the eldest Daughter of the said Lady J. 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 said balls, and that he should have and hold to him and to his heirs for ever, for his part, portion and purport of the Pre­misses, only those of the said Mannors, Lands, Tenements and Hereditaments, that should be mentioned and written in the scroul inclosed and covered in and with the ball of wax, that he or his said Deputy for him shall take and choose: and that the said W. C. having married the said E. being the second Daughter of the said Lady J. C. or his Deputy thereto sufficiently authorized, should for him the said W. and the said E. his wife, being the second Daugh­ter of the said Lady B. secondly put in his hand, &c. and should secondly take and 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 Heirs of the same E. for ever, as in the right of the said E. of the premisses only those, &c. and that the said P. H. &c. as Mr. C. mutat. mutand. and so the other, all which was done accordingly. And the said W. C. putting in his hand first into the said bonnet, and taking and choosing out of the said bon­net one of the six balls, wherein was one of the said six scroules, in which was written and mentioned the Mannor of W. with the appurtenances late of the said Lady J. B. and all the Lands, Te­nements, Meadows, Feedings, Pastures, Rents, Reversions, Ser­vices and Hereditaments with their appurtenances, which were of the said Lady B. in W. M. and W. H. in the County of, &c. the the Mannor of T. &c. And the said W. C. putting in his hand second in the said, &c. the said P. H. &c. the said R. P. &c. the said E. C. by his Deputy, &c. the said T. L. &c. Know ye, That [Page 634]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 him, her and them, and his and their heirs accept and take the part, portion and purpart to him, her and them happened and allotted as is aforesaid, in full recompence of his, her and their part, portion and purpart of all the Mannors, Lands, Tenements and Heredita­ments to him, her and them, and any of them descended or come from the said Lady B. And that every of the said parties doth and do for him, her and them, and his and their heirs, ratifie and con­firm the said portion, and also that every of the said parties doth and do for him, her and them, and for his, her and their heirs ratifie and confirm to the other of them and their heits, the Mannors, Lands, Tenements and Hereditaments, to the other of them al­lotted and happened, by vertue of the partition as is aforesaid, as also all the estates and interests which the other of them hath there­in; and to the intent that no dissention or variance should here­after happen or arise betwixt the said parties to these presents, their heirs or assigns 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 between the said parties to these presents, their Heirs and Assigns in manner and form following, That is to say, first the said W. C. covenant­eth and granteth for him, his Heirs, Executors and Administrators by these presents, to, and with the said C. D. and D. his wife, and the heirs and assigns of the said D, and to and with the said P. H. and F. his wife, and to the heirs and assigns of the said F. and to, and with the said R. P. &c. and the heirs and assigns of the said, &c. and to, and with the said W. C. and the said, &c. and to, and with the said T. L. and the said, &c. severally for their parts, portions and purparts of the Premisses: that he the said W. C. his heirs and assigns, and every of them at all times hereafter, and from time to time whensoever he the said W. C. his heis or assigns, or any of them, shall be thereunto reasonably re­quired by the said E. D. or D. his wife, or either of them, or the heirs or assigns of the said D. for the said part, portion and pur­part of the said D. of, and in the premisses, and by the said P. H. &c. and by the said R. P. &c. and by the said W.C. &c. and by the said T. L. &c. To make, do, acknowledge and suffer, or cause to be made, done, acknowledged and suffered all and every act [Page 635]and acts, thing and things, for the further and more better assu­rance and sure making in the Law unto the said E. D. and D. his wife, and to the heirs and assigns of the said D. the said part, por­tion and purpart of the Premisses allotted and fallen unto the said E. D. and D. his wife as is aforesaid; and unto the said P. H. &c. and unto the said R. P. &c. and unto the said W. C. &c. and unto the said T. L. as by the said E. C. and D. his wife, and the heirs and assigns of the said D. or by their or any of their Councel learned in the Law, and at their or any of their costs and charges in the Law, for their said part, portion and purpart of the Pre­misses, and by the said P. H. &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, devised and required; be it by Fine, Feoffment, Reco­very, with Voucher or Vouchers, Deed or Deeds inrolled, the inrollment of these presents, release, confirmation, and by all these wayes and means, or by any of them, or otherwise with warranty or warranties against the said W. C. his Heirs and Assigns onely or without warranty, at the election and pleasure of such as shall require the same as is aforesaid. And that the said W. C. his heirs and assigns, shall at all times hereafter from time to time exone­rate, acquit, discharge or otherwise save harmless as well the said E. C. and D. his wife, and the heirs and assigns of the said D. The said P.H. &c. the said R.P. &c. the said W.C. &c. and the said J.L. &c. as also their said parts, portions and purparts of the premisses, of, and from all and all manner of former bargains, sales, joyntures, dow­ers, uses, wills, statutes Merchant, and of the staple, recognizan­ces, judgements, executions, issues, fines, amerciaments, intrusi­ons, alienations without license, rents, charges, rents seck, arrera­ges of rents, and of, and from all other charges, incumbrances and demands whatsoever they be, had, made, or done by the said W. C. the like several Covenants for all the rest, one after another, Mutat. mutand. And the said W. C. and E. his wife, P. H. and D. his wife, T. L. and F. his wife, covenant and grant for them, their Heirs, Executors, Administrators and Assigns by these presents, to and with the said W. L. C. his heirs and assigns; That if the said Mannor of W. M. shall happen at any time hereafter to be char­ged, chargeable or extendable, by reason of any Statute, Recog­nizance, or otherwise for any summe or summes of money before the said seventh day of, &c. last past, due or payable by any act done, or acknowledged by any other than the said W. L. C. That then the said E. L. C. and D. his wife, &c. P. H. &c. R. P. and, &c. [Page 636]W. C. and, &c. T. L. and, &c. their Heirs, Executors and Admi­nistrators, shall equally at their indifferent charges bear and pay five parts in six parts to be divided of such summe and summes of money, for which the said Mannor of W. M. shall be so charged, chargeable or extendable. In witness, &c.

An Indenture to avoid the title of Survivorship; where Lands are granted to two by Lease.

THis Indenture made, &c. between, &c. Whereas the said A. B. and C. D. in and by one Indenture of Lease made, &c. do stand and are joyntly interessed and possessed, of, and in all that the Mannor, Lands, &c. for and during, &c. as by the said Inden­ture at large appeareth. And for as much as both the said parties are willing and desirous, that the Survivor or [...] of them, shall not at any time hereafter take any commodity or advantage of the Premisses or any parcel of them by way of survivor or over­liver, according to the course and order of the Common Laws of this Kingdom, by reason of the joynt title, estate and interest, which they have in, and to the Premisses, by vertue of the Indenture of Lease aforesaid: Therefore it is fully covenanted, concluded, 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 overlive the said C. D. for avoiding the said title of survivor in and to the Premisses, That he the said A. his Executors, Admi­nistrators and Assigns, shall and will peaceably and quietly permit and suffer the Executors, Administrators and Assigns of the said C. D. being then deceased, to have, occupy and enjoy to their own proper use and uses, and to the proper use of any of them in com­mon or in severalty, immediately after the death of the said C. at his or their will and pleasure, all that the moiety, part and purpart of the said C. in and to the premisses, and every of them into two equal parts to be divided, during the residue and remainder of years of the term of years above mentioned, which then at the death of the said C. shall be to come and unexpired, without the let or di­sturbance of the said A. his Executors or Assigns; the title of Sur­vivor, of, and in the Premisses, in any wise notwithstanding: And also the said C. D. doth covenant, &c. to, and with A. B. &c. for avoiding of the said title of Survivor in the Premisses, That if it [Page 637]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 Executors, Administrators or Assigns, or one of them shall pay the moiety and one half of the said yearly Rent of, &c. unto the said T. B. his Heirs and Assigns in the Indenture of Lease fore-mentioned, and also shall bear and discharge half of all the covenants, reparations and charges therein contained, which on the part of the said A.B. and C. D. are to be observed and done in the said Indenture of Lease comprised. And further, That the said A. B. his Executors or Assigns, shall well, truly and safely keep the said Indenture of Lease unsurrendred, un­cancelled, undefaced and whole to the defence, saving and pre­servation as well of the interest, title and term of the said C. B. as also of the title, interest and term of the said C. D. in and to the Premisses, during the term aforesaid; the like Covenant for C. D. mutat. mutand.

An Indenture where two have a joynt Estate upon Covenant, That either of them may have an equal part in the Land or money lent, taking no benefit by Survivorship.

THis Indenture made, &c. between A. B. on the one part, and C. D. on the other part, witnesseth, That whereas E. F. by a certain Indenture dated, &c. for the consideration therein expres­sed, did fully and clearly bargain, fell, give and grant unto the said A.B. and C. D. their heirs and assigns for ever, All that Mannor, &c. as it is recited in the Sale unto the Habendum (then say, with divers other covenants, grants and articles therein contained, a­mongst which there is a certain Proviso contained, and by the same proviso it is provided and agreed, That if the said E F. (recite the Proviso) as by the same Indenture it doth and may appear. And for as much as by the order of the Common Laws of this Nation, if either of the said A.B. or C.D. should fortune to decease before payment of the said Summe; or if default be made in pay­ment of the said Summe of, &c. Then as well the said summe of, &c. should wholly remain to the Survivor, &c. and for default of payment thereof, the Survivor and his Heirs, should wholly possesse the said Mannor, &c. according to the tenure of the faid Indenture, to the onely use of the said Survivor and his Heirs, con­trary [Page 638]to the true meaning of the said parties; for avoiding of which inconveniences, and to the intent that either of the said parties, his Heirs, Executors and Administrators, shall be duly answered of the premisses accordingly, it is therefore covenanted and agreed between the said parties to these presents, and the said A.B. doth covenant and grant for him, his Heirs, Executors and Administra­tors by these presents, to, and with the said C. D. his Heirs, Exe­cutors and Administrators in form following, that is to say, That if the said E. F. his Executors, Administrators or Assigns do pay, or cause to be paid to the said A.B. or his heirs the said Sum of 200 l. at the day and place limited for payment thereof in the said Inden­ture: That then the said A.B. his Executors or Assigns, shall not only pay or cause to be paid to the said C. D. his Heirs, Execu­tors or Assigns, within one month next after the day of payment of the said Summe, the summe of one hundred pound, being the moiety of the said two hundred pound, but also shall deliver or cause to be delivered unto the said E. F. his heirs or assigns all such evidences, as he or his assigns, shall have received by force of the said former Indenture, and thereof shall acquit and discharge the said C. D. his Heirs, Executors or Assigns. And further, That the same A. B. his Executors or Assigns, shall not at any time here­after, do, knowledge, cause, procure or suffer to be done any act or acts, deed or thing whatsoever, which shall or may in any wise debarre, avoid, delay or hinder the tenour, strength, form or effect of the same Indenture, or any covenant, grant or article contained in the said Indenture, or of any assurance, estate or conveyance to be made of the Premisses or any parcel thereof to the said A.B. and C.D. or either of them, their heirs or assigns, or of any Bond made or to be made for the performance of any of them, without the con­sent and agreement of the faid C. his heirs or assigns, first obtained in writing for the same. And further, the said A. B. covenanteth and granteth, &c. That if the default be made in payment of the said Sum of two hundred pound by the same E. F. his Executors and Assigns, in part or in all contrary to the form aforesaid: That then the said A. B. and C. D. and their heirs shall stand and be sei­zed of, and in the moiety and one half of the Premisses to the use of the said C. D. and of his Heirs and Assigns for ever; and that he the same A. B. and his heirs, 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 heirs or assigns, or the learned Council, [Page 639]&c. for the better assurance of the same, &c. to the said C. D. &c. with warranty against A. B. and his heirs, discharged of incumbran­ces done by him or any claiming by him, &c. And the said C. D. doth covenant and grant ut supra mutat. mutand. & tunc. In wit­ness, &c.

An Indenture of Partition.

THis Indenture made, &c. between, &c. Witnesseth, That whereas the said R. B. and T. B. hold joyntly for term of cer­tain years yet during the Parsonage of F. in the County of Y. and all houses, stables, &c. Take the words of the Lease, thereto in any wise belonging or appertaining of the Demise and grant of one W. C. &c. yielding therefore yearly unto R. W. &c. or his assigns fifty five pound of, &c. at two Terms of the year equally during the said Tenure, as by the Indenture thereof beareth date, &c. more plain­ly may appear. Now the said parties by the advice of honest Friends, and with their full and whole consent and agreement, have made devision and partition between them of the said Parsonage, Tithes, and other the Premisses in manner and form following, viz. That the said R.P. shall have the one equal moiety or half part of all the said Parsonage house, Glebe-lands, Tithes and other the Premisses in full recompence of his due part and portion of and in the same. And that the said T. B. shall likewise have the other moiety or half part of the said Parsonage, and of all and singular the premisses in full recompence of his due part and portion of and in the same, To have and to hold, to either of the said parties, their Executors and Assigns severally, as is above said from the day of the date hereof, unto the end of the said term of years yet to come. And also it is agreed, covenanted and granted between the said parties, That the said yearly Rent of fifty five pound, to be due to the said R. W. or his assigns, and other charges shall be equally paid and born between the said R.P. and T.B. their Executors or Assigns, Tenants of the said Parsonage, and other the Premisses from time to time during the said term, viz. either of them their part and portion allotted as is aforesaid: And for the true meaning, performance, and keeping of all and singular the said portions, co­venants, conditions, payments, agreements and articles, either par­ty bindeth himself, his Heirs, Executors and Administrators, to the other in these presents, in the Sum of 20 l. of, &c. In witnesse, &c.

An Indenture where three have purchased Land joyntly, that upon sale thereof all summes of money shall be equally divided between them.

THis Indenture made, &c. between T. B. of the first part, and A.K. of London on the second part, and E.D. of London Gent. on the third part: Whereas the said parties before the date here­of, joyntly together at their equal costs and charges have paid, dis­bursed and laid out divers Sums of money for the full, clear and absolute purchase of, &c. Recite the Land, the estate whereof re­maineth in the said E. and one M. D. Gent. at the day of the date hereof, to be assured to such person or persons as the said, &c. shall name or appoint.

Now this Indenture witnesseth, That it is fully covenanted, granted, condescended and agreed between the said, &c. and every of them covenanteth and granteth for himself, his Heirs, Execu­tors and Administrators, to, and with the other his Heirs, Execu­tors and Assigns, That the whole benefit, commodity and profit, and the summe and summes of money, which at any time here­after shall be had or received, arising, coming, growing and renew­ing, of, for or concerning the said Lands before expressed and spe­cified, and every part and parcel thereof by the said, &c. or any of them, or any of their Heirs, Executors, Administrators and As­signs, or any of them, or any other person or persons, by their or any of their means or procurement, shall be equally and indiffe­rently distributed between every of them the said, &c. in such sort, as every of them, their and every of their Heirs, Executors, Admi­nistrators and Assigns, shall have their equal part and portion, with­out any manner of fraud or covin.

And also it is further agreed between the same parties, that in case any of them happen to decease at any time hereafter, that then the benefit and profit of the Premisses, shall be to the use of the Heirs, Executors, and Assigns of him or them so deceased, in such and the like manner, as if he or they had been alive, and that no advantage or benefit shall be received or taken by any of the parties, for or by reason of any Survivorship. And moreover, it is fully agreed be­tween the said, &c. that they nor any of them, shall at any time hereafter bargain, sell, grant, convey, assure or alien, nor suffer to be conveyed or aliened, by, or from them or any of them the [Page 641]said Messuages, Lands, Tenements, Hereditaments and Premisses, or any part or parcel thereof, or his or their estate, right, title or interest, of, in, or to the same or any of them, to any person or persons whatsoever, unless it be, by, and with the consent, privity, knowledge or agreement, of such of the said other parties to these presents, as then shall be living, under his or their hands and seals in writing first had and obtained. In witness, &c.

An Indenture, where a Lease is granted to three joynt-Leases, that every of them is to pay his part of the Rent, and equal parts in the charges of repairing, and other charges.

THis Indenture Tripartite made, &c. Witnesseth, That whereas the said parties are and stand possessed of, and in the Messuage, Tenement or Inne called the Ship, set, lying and being in the Pa­rish of, &c. and of one Field, &c. and of, in, and all and singular houses, buildings, Barns, stables, Shops, Cellers, Sollers, waste­grounds, 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 equal and even parts to be divided, for, and during the se­veral terms hereafter mentioned, that is to say, for and during the term of fourteen years mentioned and granted, in, and by a cer­tain Indenture of Lease bearing date, &c. made by one M.N. &c. to the said A. B. of, and touching the Premisses, which term did commence at the Feast of, &c. then last past, before the date of the same Indenture: And for, and during the term of Thirty years mentioned and granted, in, and by the Letters Patents of our, &c. under the great Seal of England bearing date, &c. granted by our said, &c. unto, &c. of and in the Premisses; as by the said Inden­ture of Lease and Letters Patents aforesaid more at large appear­eth. It is now covenanted, granted, concluded and agreed, by and between the said parties to these presents, and every of them [...] and every of them doth severally covenant and grant, to and with the other of them severally by these presents, that they and every of them, and the Executors, Administrators and Assigns of every of them, for his, her and their, and every of their parts, shall not onely well and truly content and pay, or cause to be contented or paid, the full third part and portion of all and singular such yearly Rents as are reserved, in, and by the said Indenture of Lease and [Page 642]Letters Patents aforesaid, and either of them at the dayes, times and place limited and appointed for the payment thereof, and that from time to time, for, and during the said several estates and terms of years before mentioned; but also shall at all times hereafter, and from time to time, for, and during the terms aforesaid, pay, bear, allow and disburse the full third part and portion of all such summe and summes of money, and other charges whatsoever as shall grow due or payable, or be convenient or necessary to be born 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 account, suit, and other act and acts, which shall be necessary or convenient to be attempted, prosecuted or done for, touching and concerning the premisses, or any parcel thereof tending to the profit or benefit of the said parties, and shall not do, procure, or cause to be done, any act or acts, thing or things, whereby or by reason whereof the estate, interest or title of the said parties, or any of them, shall, or in any wise may be impaired, hindred, determined or avoided, ex­cept it be by, and with the assent, consent and agreement of the other of them in that behalf first had and obtained.

And further, the said A. B. doth covenant, &c. That the said C. D. his Executors and Assigns, and every of them shall have, occupy, use and enjoy all such Easements, wayes, liberties and passages, and shall quietly have free egress, ingress and regress into and from the said Inne, Tenement, Field and other the Premisses, for the using and occupying a full third part of the Premisses, with­out let or disturbance of the said A. B. his Executors, Administra­tors and Assigns, in such manner and form as the said M. N. hath heretofore had, occupied, used and enjoyed the same Premisses: The like covenant to E. F. and the like from C.D. to A. B. and E.F. and the like from E.F. to A.B. and C.D. mutat. mutand. & tunc. In witness, &c.

The Grant of a Keepership of a Park.

TO all Christian People to whom this present writing shall come, I A. B. send greeting, &c. Know ye, That I the said A. B. for, and in consideration of the good and faithful service by my Servant E. R. to me heretofore done and hereafter to be done, have given and granted, and by these presents do give and grant unto the said E.R. the Office of Keeper of my Park at Y. called B. Park, in the County 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, That I the said A.B. have given and grant­ed, and by these presents do give and grant to the said E. R. al­lowance of meat and drink for himself within my house at Y. afore­said daily and yearly at all times, and by so long space as any ho­spitality or houshold shall be kept there: To have and to hold, occu­py, exercise and enjoy the said Office of Keeper, and other the Premisses unto the said E. R. for term, and during the life natural of the same E.R. together with all manner of fees, rewards, vails and advantages, to the same Office belonging, incident or apper­taining.

And furthermore, know ye, That I the said A. B. have given and granted, and by these presents do give and grant unto the said E. R. for the exercising of the said Office of Keeper, so long as he shall truly and faithfully exercise the same, one Annuity or annual Rent of Four pounds of, &c. To have, hold, perceive, and enjoy the said Annuity or yearly Rent to the said E. R. and his assigns, from the, &c. during the life natural of the said E. R. at the two Terms of the year, &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. In witness, &c.

A Deputation of a Bayliff or Receiver.

TO all Christian People, &c. A. B. Bayliff and Collector of the Rents, Farms and Revenues of, &c. Mannors of G. and E. and of all and singular Lands, Tenements, Court-Leets, Li­berties, Fiues, Issues, Amerciaments, Reliefs, Herriots, Waifes, Estrayes, and other Possessions and Hereditaments whatsoever to the said Mannors belonging, with their members and appurtenan­ces in the County of, &c. parcel of the Lands and possessions of W. late of M. of, &c. sendeth greeting, &c.

Know ye, That I the said A. B. have constituted, deputed and appointed, and by these presents do, &c. C. D. of, &c. to be my lawfull and sufficient Deputy, for me, and in my behalf to occupy and exercise the said Office of Bayliff and Collector, and to exercise, execute, accomplish, receive and do, and cause to be exercised, executed, accomplished, received and done all and every such act and acts, thing and things, as in, about, touch­ing or concerning the said Office, shall be necessary or requisite to be done, To have, hold, exercise and enjoy the said Office unto the said C. D. as Deputy of me the said A. B. for, and during the will and pleasure of me the said A. B. in as ample manner and form as I the said A. B. ought or might exercise, execute, re­ceive, accomplish, and do in the same if I the said A. B. were, might or should be present at the exercising, executing, accomplish­ment, receiving or doing thereof. In witness, &c.

The grant of a Stewardship, or keeping of Courts.

THis Indenture made, &c. between, &c. A. S. of S. in the County of S. Gent. of the one party, and R. K. of L. in the County of B. Gent. of the other party, Witnesseth, That whereas our said, &c. that now is, by, &c. Letters Patents un­der the Seal of, &c. Court of Exchequer, bearing date at West­minster the, &c. day of, &c. in the, &c, year of, &c. hath amongst divers other things therein contained, assigned and appointed the said A. S. to the Office and Offices of Steward and Keeper of Courts and Leets of the Mannor of L. and also of the Mannor of B. in the County of S. during, &c. pleasure, as by the same [Page 645]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 specially moving, hath made, ordained, consti­tuted and appointed, and by these presents doth make, ordain, constitute and appoint the said R. K. to be his Deputy, to exer­cise and execute the said Office and Offices of Stewardship and Keeper of Courts and Leets of the said Mannors, and to seize and take all Heriots, and to take and receive all profits of Courts and Leets which are or shall grow due within the said Mannors or any of them, to have, enjoy, hold, exercise and occupy the same Office and Offices, to the foresaid R. K. during the will and pleasure of the said A. S. and to receive, perceive and take the wages, fees, allowances, profits and commodities heretofore of right, due, accustomed, belonging and appertaining.

And the said R. K. doth covenant, promise and grant for him­self, his Executors and Administrators by these presents, to and with the said A. S. his Executors, Administrators and Assigns, and every of them, in manner and form following, viz. That he the said R. K. his Executors and Assigns, shall and will from time to time, well and truly pay or cause to be paid unto the said A. S. his Executors or Assigns, all such Wages, Fees, Allowances, Summe and Summes of Money, Heriots, Profits of Courts and Leets, and other profits and commodities, as for or in respect, or by rea­son of the said Office and Offices of Stewardship or keeping of Courts and Leets within the said Mannor, as every or any of them shall grow due or payable, or as he the said R. K. by reason or in respect of the exercising or executing thereof, shall from time to time receive, perceive, take or make; and also that he the said R. K. shall not nor will not at any time or times hereafter, do, com­mit or suffer to be done any manner of act or thing whatsoever, which shall or may be in any wise prejudicial or hurtful to the said Letters Patents before mentioned, or the said A. S. his Deputy 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 contained. In witness, &c.

A Licence for a Buck and Doe, during the life of the Grantee.

WE E. D. &c. for divers good causes and respects us mo­ving, have given and granted, and by these presents for us and our heirs, do give and grant unto our well-beloved Servant C. D. our Secretary, during his life one Buck of season in Sum­mer, and one Doe of season in Winter, to be had, taken, hunted and killed at, and within our Park of B. in the County of W. either with Dog or Bows by the same C. D. or his Assigns, at his or their free liberty, choyce and pleasure, during his said life: Wherefore we will and command you and every of you, our Kee­per or Keepers there, or your Deputy 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 As­signs during his said life yearly, from henceforth to have, kill, and take at, or within our said Park, the said Buck in Summer, and the said 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 heirs at all times in this behalf.

Given under our seal and sign manual, &c.

A Condition to cure a Disease, or to repay the money.

THe Condition of this Obligation is such, That whereas the within named A.B. the day of the date within written, have de­livered and given the within bounden C. D. the Summe of eight pound in consideration, that the said C. D. should on this side, and before the third day of, &c. next coming after the date within writ­ten, cure and make whole the said A. B. of the disease or diseases wherewith the said A. B. is now grieved. If therefore the said C. D. do before the said third day of, &c. next, well and sufficiently, and safely cure and make whole the said A. B. of the said Diseases; and also in case the said A. at any time after, and before the Fourth day of, &c. next following, be grieved or vexed with the said Disea­ses [Page 647]or any part thereof, or that the said Disease or any part thereof, do before the said Fourth day of, &c. issue or grieve upon any part of the body of the said A.B. then if the said C. D. his Executors or Assigns within twenty dayes next after the said Fourth day of, &c. do well and truly repay or cause to be repaid unto the said A. B. his Executors, Administrators or Assigns, the said Summe of eight pound without fraud or covin, Then, &c.

Not to sell Lands had by Marriage.

THe Condition, &c. That if neither the within-bounden A.B. his Heirs, Executors, Administrators nor Assigns, nor any of them, do at any time or times hereafter, give, grant, bargain, sell, demise, let, set, or otherwise do away all or any of the Lands, Te­nements, Woods, Under-woods, Possessions or Hereditaments, or any part or parcel thereof, which he the said A. B. now hath and enjoyeth, and is possessed of at this present day, by reason of a marriage late had and solemnized between him the said A. B. and I. now his wife, &c. lying and being in the Towns, Parishes, Ham­lets and Fields of S. and H. in the County of C. or elsewhere within the Kingdom of England, to any manner of person or per­sons, without the special licence, will, consent and agreement of the within named C.D. his Executors or Assigns first had and obtained in writing for the same. That then, &c.

To assure a Summe of Money in consideration of a Marriage.

THe Condition, &c. That whereas the within bounden A. B. intendeth by Gods grace shortly to marry, and take to his wife one C. D. sister of the within named E. F. of the said A. B. do by his last Will and Testament, or otherwise without any fraud or co­vin, in case the said C. D. shall after marriage had between them survive the said A. B. lawfully give and assure to the said C.D. the Summe of five hundred pound, &c. or else goods and chattels to the value or worth of, &c. over and besides such chains, bracelets, jewels and apparel, which the said C. D. shall fortune to have at the day of the death of the said A. B. which said Summe of five hundred pound, or else the said goods and chattels, which then shall be worth the said Summe of five hundred pound, and the said chains, bracelets, jewels and apparel, the said C. D. her Exe­cutors, [Page 648]Administrators and Assigns, 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 means, assent or procurement: That then, &c.

To assure an Estate.

THe Condition, &c. That if the within bounden A.B. and C. D. his wife, and either of them and their heirs (at the proper costs and charges in the Law of the said E.F. his Heirs and Assigns, 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 heirs, or to such other person or persons, and their heirs, as the said E.F. and his heirs shall name and appoint to his and their proper uses and behoofs, such a good, lawful, sufficient and perfect estate or estates, assurance or assuran­ces in the Law, of, and in all the Lands, Tenements and Heredita­ments whatsoever, with the appurtenances both free and copy, which late were G.F. deceased Father of the said E. F. set, lying and being in B. in the County of C. be it by Deed or Deeds enrol­led, fine, feoffment, recovery, surrender or surrenders, release with warranty against the said A.B. and C. his wife, and either of them, and their heirs, as by the learned Councel of the said E. F. his heirs or assigns, shall be reasonably advised or devised, the same Pre­misses then to be clearly discharged, of, and from all former bar­gains, 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 mean time. That then, &c.

That the Lessee shall not carry away any Wainscot or Windows at the end of his Lease.

THe Condition, &c. That whereas the within named A.B. by his Indenture of Lease bearing date, &c. hath demised and to farm letten unto the within bounden C. D. all that Tenement with the appurtenances, &c. now in the occupation of the said C. D. for the term of certain years yet enduring, as by the same In­denture more plainly may appear. If therefore the said C.D. &c. [Page 649]do not at the end of the term of years mentioned in the said In­denture of Lease before recited, carry away any of the Wainscor, Settles and Cupboards standing and being in the, &c. or the Keys and Locks being upon the Doors and Cupboards of Wainscor aforesaid of and within the said Tenement, nor take away any of the Windows now standing, appending or appertaining to the said Tenement, but do permit and suffer them there to remain at his departure in as good case as now they are, reasonable wearing only excepted. That then, &c.

The Obligee to pay money for Wares delivered in trust, to another that shall make default of payment.

THe Condition, &c. That whereas the within named A.B. hath delivered upon trust to one C.D. certain Wines amounting to the Summe of, &c. and given him day of payment for the same, &c. untill the Feast of, &c. if in case the said A. B. his Executors, Administrators or Assigns, do not before or at the said Feast of, &c. pay or cause to be paid unto the said A. B. his Executors, &c. the said Sum of, &c. but shall make default of payment thereof, or of any part thereof: Then if the within bounden E.F. and G.H. or either of them, or the Executors, Administrators or Assigns of them or of either of them, do well and truly content and pay, or cause to be paid to the said A.B. his Executors, &c. the said Sum of, &c. or so much thereof, as at the said Feast of, &c. shall happen to be behind and unpaid; That then, &c.

To deliver Writings to be cancelled at a day certain and place.

THe Condition of this, &c. That if the within bounden A. B. his Executors, Administrators or Assigns, do before the second day of, &c. next coming after the date within written, deliver or cause to be delivered to the within named C. D. his Executors, Administrators or Assigns, at or within, &c. all such Indentures, Leases, Counter-parts of Indentures and Writings, as he the said A. B. or any other by his delivery hath or have, touching the Man­nors of, &c. which were made and written before the Eleventh day of, &c. last past without Fraud or Collusion: That then, &c.

To save one harmless for delivery of an Indenture.

THe Condition, &c. That whereas the within named A.B. hath the day of the date within written delivered unto the within-bound C. D. one Deed indented bearing date, &c. made from E.F. to G.H. of, &c. of certain Lands in, &c. If therefore the said C.D. his Heirs, &c. do at all times hereafter, and from time to time discharge, save and keep harmless the said A. B. his Heirs, &c. against G. S. of, &c. and all and every other person and persons whatsoever, of, for, or concerning the delivery of the said Deed, and of, for, and concerning all manner of matters and indemnities, which may by any means accrew and be, unto or against the said A. B. &c. for, or by reason of the same: That then, &c.

A Letter of Atturney irrecoverable to receive a debt on a Bond with Covenant not to release, &c.

TO all Christian People to whom these presents shall come, E. A. of, &c. in the County of, &c. Shooe-maker, sendeth greeting in our Lord God everlasting. Whereas J.D. of, &c. in the County of, &c. Widow, and N.D. Son of the said J. of, &c in the said County Shooe-maker, by their Bill Obligatory bearing date the, &c. day of, &c. do stand bounden to me the said E. in the Sum of, &c. for the payment of the Summe of, &c. upon the, &c. day of, &c. next ensuing the date of the said Bill Obligatory, at, or in the then dwelling house of the said E. A. scituate in, &c. aforesaid, which said Bill Obligatory is become forfeited: Know ye there­fore, That I the said E. do by these presents authorize, constitute and appoint my well-beloved Friend J.E. of, &c. aforesaid Butcher, my lawful Atturney irrevocable for me, and in my name to sue, ar­rest, attach, prosecute, condemn & imprison the said J.D. and N.D. or either of them, and her, his or their bodies, goods and chattels in execution to take, and out of execution to deliver, either upon sa­tisfaction by composition or otherwise, at the will and pleasure of my said Atturney, acquittances or any other discharges to seal and deliver, Atturney or Atturneys to make, Councellor or Coun­cellors to retain, and the same again to revoke, and generally and particularly all and every other matter and thing requisite, necessa­ry or behoofefull to execute, prosecute, do and perform, or cause [Page 651]to be so done and performed as fully and largely, as I my self might or could do, being personally present without any accompt there­of to be yielded unto me, my Executors or Assigns; and whatsoever my said Attorney shall do or cause to be done in, about or concern­ing the premisses, I do by these presents ratifie, confirm and allow the same; and also do covenant with and by my self to my said Atturney not to revoke, disallow, discontinue, deny or be nonsuit­ed, in, or otherwise to do any thing that may be hurtful, prejudicial, or any bar or let therein or thereunto by any means whatsoever. In witness whereof I the said E. A. have hereunto set my hand and seal, the, &c. day of, &c.

Sealed and delivered in the presence of

A Letter of Atturney from two Executors of a Bond, sued to a Judgement to a Creditor of the Testator.

ALL men shall know by these presents, That we T. D. Gent. and R. M. Gent. Executors of the last Will and Testament of T. H. late of, &c. in the County of, &c. Esq deceased, have made, constituted, ordained, and in our place and steads have put, and by these presents do make, constitute, ordain, and in our pla­ces and steads, do put our trusty and well-beloved in Christ, M. F. Widow, late the Wife of T. F. late of, &c. Gent. deceased, our true and lawful Atturney, for us and in our names and steads, but to her own use to ask, demand, receive and take of Sir H. J. late of, &c. in the County of, &c. the debt due and payable unto the said T.H. in his life-time, by vertue, force, or reason of one Obligation or Writing Obligatory, bearing date the, &c. day of, &c. of the pe­nal Summe of Two hundred pounds conditioned for the payment of One hundred seven pounds ten shillings upon the Feast of, &c. then next following, as in and by the said Obligation and Condi­tion thereof may appear. And whereas the said T.H. obtained a Judgment against the said Sir H. for two hundred pounds debt up­on the said Bond, besides damages or costs of Suit: Know ye further, That we the said T. D. and R. M. have authorized and given power, and by these presents do authorize and give power unto the said M. for and in our names, but to her own use to take execution or any other Process upon or by reason of the said Judg­ment against the said Sir H. his Heirs, Executors, or Administra­tors, [Page 652]or any of them, or against his, their or any of their Lands, Tenements, Goods, Cartels and Chattels or any of them, and with him, them, or any of them to compound or agree at her will and pleasure for the same, and the benefit and profit thereof to her own use, to receive and take; and him the said Sir H. to sue, arrest im­plead and imprison, and out of prison to set at large, discharge and release at her will and pleasure, and all and every other thing and things, which in or about the obtaining or getting of the said debt and damages, or any part or parcel thereof shall be needful or ne­cessary to be done, to execute and do in as large ample and bene­ficial manner and form to all intents and purposes, as we the said T.D. and R.M. may, can, might, could, should or ought to do by vertue, force and reason of the said recited Obligation o [...] Writing Obligatory or the Condition thereof, or by vertue, force or reason of the said Judgment thereupon had. In witness whereof we have hereunto set our hands and seals the, &c. day of, &c.

Sealed and delivered in the presence of, &c.

A Letter of Atturney of a mans estate in general, in consideration of several Debts and Engagements.

TO all to whom these presents shall come, I F. G. of, &c. in the County of, &c. in Ireland, Merchant, send greeting. Where­as I am indebted unto R.G. my Brother in the Summe of five and fifty, pounds, and he and B. G. one other of my Brothers shall stand engaged for severall Summes of money, the proper Debts of me the said F. G. and have already paid for me the Summe of thirty pounds. Now know ye, That I the said F. G. for and to­wards the payment and satisfaction of the said moneys, and for divers other good considerations me thereunto moving, have gran­ted, assigned, bargained and sold, and by these presents do freely and absolutely grant, assign, bargain and sell unto the said R. G. and B.G. all and all manner my goods and chattels, debts, moneys and all other things of mine whatsoever, as well real as personal, of what kind, nature or quality the same are, be, or shall be found, or otherwise wheresoever within the Kingdom of Ireland or Territo­ries, To have and to hold the same and every part and parcel there­of, unto the said B.G. and F.G. their Executors, Administrators and Assigns for ever, to the only proper use of them, their Executors, [Page 653]Administrators and Assigns for ever In witness whereof I have hereunto set my hand and seal the, &c. day of, &c.

Sealed and delivered in the presence of

A Letter of Atturney of several Sums of money due from one person.

KNow all men by these presents, That I F. G. of, &c. in the County of, &c. Merchant, for divers good and valuable con­siderations me thereunto especially moving, have made, assigned, constituted and ordained, and by these presents do make, assign, constitute and ordain W. L. of London, Taylor, my true and lawful Atturney, in my name, but to the only proper use of him the said W. L. his Executors and Administrators, to demand and receive all such Sum & Sums of money as are due or owing to me from E.K. of, &c. in the County of, &c. Clothier, any manner of wayes how­soever, and for default of payment, to sue, arrest, attach, implead, condemn and imprison the said E. K. and his body, goods and chattels in execution to take, and out of execution to deliver either upon satisfaction, composition or otherwise at the will & pleasure of my said Atturney, acquittances or any other discharges in my name to seal and deliver; Atturney or Atturneys one or more un­der him the said W. L. to make, and substitute and revoke: and generally to do, and execute, prosecute and determine all and every other act and acts, thing and things whatsoever, which in or about the premisses shall be needfull or expedient, as fully and effectually and in as large and ample manner, to all intents and purposes, as I the said F.G. might or could do personally, without any accompt thereof to be yielded to me, my Executors or Assigns; and what­soever my said Atturney shall do or cause to be done, in, about or concerning the premisses, I do by these presents ratifie, confirm and allow the same. In witnesse whereof I have hereunto set my hand and seal the, &c. day of, &c.

Sealed and delivered in the presence of

A short Bill of Debt from One to One.

KNow all men by these presents, That I B. G. of, &c. Barber-Chirurgeon, do owe unto M. R. of, &c. Gent. the Summe of Four and twenty pounds of lawful money of England to be paid to the said M. his Executors, Administrators or Assigns, on the, &c. day of, &c. now next ensuing the date hereof; To the which pay­ment well and truly to be made at the time aforesaid, I bind me, my Heirs, Executors and Administrators unto the said M. R. his Executors and Administrators in the Summe of Forty pounds of lawful money of England firmly by these presents. In witnesse whereof, I have hereunto set my hand and seal, the, &c. day of, &c.

Sealed and delivered in the presence of

An Assignment of certain Debts, with a Letter of Atturney to receive them.

KNow all men by these presents, That I F. G. of, &c. in the County of, &c. in Ireland, Merchant, for divers good and va­luable considerations me thereunto especially moving, have grant­ed, assigned and set over unto my Brothers B.G. and R.G. all such Debts and Sums of Money, Bills, Bonds and Specialties which are owing from, or remain in the hands of L.T. of, &c. aforesaid, Yeo­man, and all such other Debts and Sums of money which are due and owing to me from any person or persons, inhabiting within the Kingdom of Ireland or elsewhere: and I the said F. G. have likewise assigned, constituted and ordained, and by these presents do assign, constitute and ordain the said R.G. and B. G. and either of them, joyntly and severally my true and lawful Atturney and Atturneys in my name, but to the only proper use of them the said R. and B. G. their Executors and Administrators, to demand and receive the said Debts and Sums of money; and for default of pay­ment, to sue, arrest, attach, condemn and imprison the said Debtors, and their bodies, goods and chattels in execution to take, and out of execution to deliver, either upon satisfaction by a composi­tion or otherwise at the will and pleasure of my said Atturneys, ac­quittances, [Page 655]or any other discharges in my name to seal and deliver; Atturney or Atturneys one or more under them the said R. and B. G. to make, substitute and revoke; and to do and execute whatso­ever act or thing shall be needful or expedient in or about the Pre­misses as fully and in as large manner to all intents and purposes, as I the said F. G. might or could do personally, without any ac­compt thereof to be yielded to me, my Executors or Assigns: and whatsoever my said Atturneys shall do or cause to be done, in, about, or concerning the premisses, I do by these presents ratifie, confirm and allow the same. In witness whereof, I have here­unto set my hand and seal the, &c. day of, &c.

Sealed and delivered in the presence of

A Grant of the next Donation of a Benefice.

TO all to whom this present Writing shall come, I A.B. of C. in the County of D. Gent. send Greeting. Know ye, That I the said A.B. the undoubted Patron of the Parish Church of E. in the County of F. for good considerations me thereunto moving, have given and granted, and by these presents do give and grant unto C. F. of J. in the County of K. Gent. the first and next Ad­vowson [...]. Nomination, Donation, Collation, Presentation and free Disposition of the aforesaid Rectory of E. in the said County of F. with [...] [...]is rights, members and appurtenances whatsoever, when it [...] void either by death, resignation, or otherwise. In wit­ness whereof, &c.