A deed for the revoking of a bargain and ſale, if ſo much money be paid.
THis Indenture made, &c. between Sir I. S. of, &c. of the one part, and I. C. &c. of the other part, whereas the ſaid I. C. by his deed indented, under his hand and ſeal, bearing date, &c. for the conſideration therein mentioned, did alien, bargain, ſell, enfeoffe and confirm unto the ſaid Sr. I. S. and his heirs, All that the Mannor and Lordſhip of G. in the County of, &c. with all the rights, members and appurtenances thereunto belonging, together with all ſuch other things as in the ſaid deed are expreſſed and contained, as thereby doth and may more fully appear: Now witneſſeth, this preſent Indenture, and the ſaid Sir I. S. for himſelf, his Executors, Adminiſtrators and Aſſigns, and for every of them, doth Covenant, promiſe and grant, to and with the ſald I. C. his Heirs, Executors, Adminiſtrators and Aſſigns, and every of them, by theſe preſents, that if the ſaid I. C. his Heirs, Executors, &c. ſhall pay, &c. unto the ſaid Sir I. S. &c. the ſumme of, &c. that then the ſaid deed of bargain and ſale, ſhall be void, fruſtrate, and of none effect or force in the law, to all intents and purpoſes. And that then alſo the ſaid Sir I. S. his Executors, &c. immediately2 after the payment of the ſaid ſum of 2392l to the ſaid Sir I. S. his, &c. at the day and place aforeſaid, upon requeſt to them or any of them made, ſhall and will re-deliver the ſaid I. C, his Executors, Adminiſtrators or Aſſigns, the ſaid Indenture of bargain and ſale, and the counterpart of this Indenture, and one Recognizance in the nature of a ſtatute ſtaple, of the ſum of 4000l wherein the ſaid I. C ſtandeth bounden unto the ſaid Sir I. S. and all ſuch deeds, evidences and writings concerning the ſaid mannours and premiſſes, which the ſaid Sir I. S. or any other to his uſe, or by his appointment, ſhall have then had and received of and from the ſaid I. C. or of any other whatſoever, ſafe undefaced and uncancelled, and in as good plight as he or any other to his uſe, or by his appointment, ſhall have received the ſame, and that then alſo the ſaid Sir I. S. his Heirs, &c. or ſome or one of them, ſhall and will upon reaſonable requeſt made, and at the proper coſts and charges in the law of the ſaid I. C. his Heirs and Aſſigns, grant, releaſe, and aſſign over the ſaid deed or Indenture of bargain and ſale; and all his, their, and every of their rights, eſtates and intereſts therein, unto the ſaid I. C. his Heirs, Executors and Aſſigns, freed and diſcharged of and from all, and all manner of charges, incumbrances and demands whatſoever, had, made, committed, done or willingly ſuffered by the ſaid Sir I. S. his Heirs, Executors, &c. or any of them, in ſuch manner and ſort, as by the ſaid I. C. his Heirs or Aſſigns, or his or their Councel learned in the Law, ſhall be reaſonably deviſed or adviſed and required, ſo as he nor they be not compelled to travel further then the places of their abode, for the effecting3 thereof: and further, it is the true intent and meaning of theſe preſents, and the parties hereunto, and the true intent, meaning and agreement of the ſaid former In••••ure of bargain and ſale, that it ſhall and may be lawfull, to and for the ſaid I. C. his Heirs, Executors, Adminiſtrators and Aſſigns, to have, hold and enjoy, the ſaid mannours and premiſſes, with their appurtenances, and to perceive, receive, and take the rents, iſſues, revenues and profits thereof, to his and their own uſe and uſes, from time to time, and at all times hereafter, untill default be made of payment of the ſaid ſum of 2392l before mentioned, or of any part thereof, at the day and place before mentioned, limitted and appointed for the payment thereof, and during ſuch time, and untill ſuch default be made, he the ſaid I. C. for him, his Heirs, Executors, Adminiſtrators and Aſſigns, doth covenant, grant and agree, to and with the ſaid Sir I. S. his Heirs, Executors, Adminiſtrators and Aſſigns, that he the ſaid I. C. his Heirs, Executors, Adminiſtrators or Aſſigns, will not do, commit, or willingly ſuffer any manner of waſt, ſpoil or deſtruction, of and in the premiſſes, or any part thereof, otherwiſe then for the neceſſary repair, building, or re-edifying of any meſſuage, houſe or building upon any the meſſuages, houſes or edifices before ſpecified, And the ſaid I. C. &c. covenanteth, &c. that if he the ſaid I. C. his Heirs &c. do not well and truly pay unto the ſaid Sir I. S. his Heirs, &c. the ſaid ſum of 2392l 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 will4 within twenty daies next after default of payment of the ſaid ſum of two thouſand, three hundred ninety two pound before mentioned, to be paid, deliver, or cauſe to be delivered up unto the ſaid Sir J. S. his heirs, and aſſigns, the full quiet and peaceable poſſeſſion of the ſaid Mannor or Lordſhip of S. and premiſſes with the appurtenances, to the uſe and behoof of the ſaid Sir J. S. and of his heires and aſſignes for ever.
A Deed of Covenants to declare the truſts in a former Bargain and Sale; the Lands being to be ſold for payment of Debts.
THis Indenture made &c. Between &c. wheras the ſaid J. C. by his Indenture bearing date with theſe preſents, made between him the ſaid J. C. of the one part, and the ſaid A. B. C. D: E. F. and G. H. of the other part; for the conſideration therein mentioned, hath granted, bargained and ſold unto the ſaid A. B. C. D. E. F. and G. H. their heirs and aſſigns for ever, All that Capital Meſſuage or Tenement &c. as in the other book to the end of the Habend: As in and by the ſaid Indenture of bargain and ſale more at large appeareth. Now this Indenture witneſſeth and it is hereby agreed and declared by and between all the parties to theſe preſents, that the ſaid grant, bargain and ſale was and is made and the ſaid A. B. C. D. E. F. and G. H. and their heirs are and ſhall ſtand truſted with the premiſſes, to the intent and purpoſe and upon truſt and confidence that the ſaid land and premiſes may5 be ſold to the beſt value that may be and the money which ſhall be raiſed thereby to be diſpoſed of for and towards the payment and ſatisfaction of ſuch debts of the ſaid I. C. as are mentioned in the ſchedules hereunto annexed, in ſuch order as they are therin ſet down.
And laſtly, It is agreed by and between all the parties to theſe preſents and by them declared to be their true intent and meaning, That if in caſe there be any overplus remaining of the money which ſhall be raiſed by ſale of the ſaid lands and premiſſes after, ſuch time as the debts mentioned in the ſaid ſchedule be paid and diſcharged, That then ſuch overplus ſhall be imployed and diſpoſed of for and towards the ſatisfaction of ſuch other debts as the ſaid J. C. ſhall by any writing to be by him ſigned and ſealed in the preſence of two or more witneſſes declare and appoint, and no otherwiſe.
A Releaſe for money that was left in the hands of a purchaſer on paymint thereof.
THis Indenture made &c. Between R. L. of S. in the County of C. Gent. and J. C. of the Inner Temple L. Eſq of the one part, and T. G. Eſq of the City of L. of the other part. Wheras Upon a purchaſe lately made by the ſaid T. G. of and from the ſaid R. L. J. C. and S. his wife, daughter of the ſaid R. L. of certain lands in C. in the County of O. the ſum of 628. l part of the purchaſe money payable by the ſaid T. G. to the ſaid R. L. was by agreement between them to remain in the hands of the ſaid T. G. for6 ſuch time, and upon ſuch conditions, and to ſuch intents and purpoſes, as F. H. of and in the County of D. ſhould ſet down and appoint, which ſum of 628l was intended to remain as a ſecurity for the ſaid T. G. againſt all incumbrances whereby the ſaid lands are or may be charged, and for ſaving him harmleſs from all damages whatſoever, which may, or might at any time hereafter happen to fall upon the ſaid T. G. his Heirs or Aſſigns, or upon any of the ſaid lands and premiſſes, or any other the lands of the ſaid T. G. for or by reaſon of any the debts of the ſaid I. C. and W. C. his deceaſed father, or either of them; and whereas the ſaid T. G. at the time of the enſealing of theſe preſents, at the requeſt of the ſaid R. L. hath paid the ſaid ſum of 628l to the ſaid I. C. and R. L. or one of them, or to ſuch as were appointed, by them, or one of them, to receive the ſame. Now that the ſaid R. L. and I. C. have received the ſaid ſum of 628l of and from the ſaid T.G. the receipt whereof they do hereby acknowledge, and that the ſame is the laſt payment, and in full ſatisfaction of and for all the Lands, Tenements and Hereditaments which the ſaid I. C. had in the County of O. and which the ſaid T. G. purchaſed, and thereof and of every part and parcel thereof, they do clearly and abſolutely acquit and diſcharge the ſaid T. G. his Heirs, Executors and Adminiſtrators, for ever by theſe preſents: And in conſideration of the premiſſes, the ſaid R. L. and I. C. do for themſelves jointly, and either of them for himſelf ſeverally doth, covenant, promiſe and grant, to and with the ſaid T. G. his Heirs, Executors, and Aſſigns, that they the ſaid R. L. and I. C. ſhall and will from time to time, and at all times7 hereafter ſave, defend and keep harmleſs the ſaid T. G. his Heirs, Executors and Aſſigns, and alſo all the ſaid lands and premiſſes, in C. aforeſaid, or elſewhere in the ſaid County of O. ſo purchaſed by him the ſaid T. G. and all other his Lands, Tenements, Goods and Chattels, of and from al loſs and damage whatſoever, which ſhall happen, ariſe or befall for or in reſpect of any the debts of the ſaid W. C. and I. C. or of either of them: In witneſs, &c.
A proviſo to be inſerted in a leaſe, or a power of Revocation reſerved.
PRovided always, that if the ſaid, &c. his, Executor Adminiſtrators or any of them, ſhall at any time hereafter pay or tender unto the ſaid W. W. his Executors: &c. or to any other perſon or perſons whatſoever, to and for the uſe of the ſaid W. W. his, &c. the ſum of 12l of lawfull money of England, to the intent to make void this preſent leaſe and demiſe, and ſhall expreſs and declare ſuch his, her or their intention, either by word, or writing, that then and from thenceforth this preſent leaſe and demiſe ſhall ceaſe and be void: In witneſs, &c.
A preſentation of a Minister to a living according to the form now uſed.
TO all Chriſtian people to whom this preſent writing ſhall come, we A. B. and C. D. the true and undoubted patrons of the vicaridge or pariſh Church of C. in the County of S. ſend8 greeting, foraſmuch as the ſaid vicaridge or pariſh Church is lately by the death of E. F. the late imcumbent, there become void, and in our full right of preſentation, we do therefore hereby preſent you G. H. Clerk, Mr. of Arts, unto the Church of C. aforeſaid, and to the vicaridge thereof, to have, hold and enjoy the ſame, with all and every the rights, members and appurtenances thereunto belonging, according to ſeverall former and late acts of Parliament in this caſe provided; doing and performing the duties of a Paſtor belonging to the ſaid Church: In witneſs whereof we have hereunto ſubſcribed our names, and ſet our ſeal this_____day of_____in the year of our Lord God, one thouſand ſix hundred and fifty two.
A Leaſe of a Parſonage impropriate for three lives, upon ſurrender of a former Leaſe with extraordinary Covenants, and a letter of Atturney to deliver poſſeſſion, together with the execution thereof endorſed.
THis Indenture made the 5th day of March, in the year of our Lord God 1651. Between R. S. of the City of Oxford Gent. of the one part, and W. P. of London Eſq, of the other part witneſſeth, that the ſaid W. S. for divers good cauſes and conſiderations, him hereunto moving, & eſpecially in conſideration of a ſurrender made to the ſaid W. G. of a leaſe now in being for three lives, bearing date the 28. of March, in the 6th year of the reign of the late King Charles, made by I.S.9 father of the ſaid W. S. party to theſe preſents, deceaſed to Sir H. M. deceaſed of the Parſonage of Bray, & other things hereafter in theſe preſents mentioned, hath demiſed, granted and to farmlet, and ſet to the ſaid W. P. the ſcite of the Parſonage of Bray in the County of B. and all the houſes upon the ſaid ſcite builded, arrable Lands, Meadows, Leaſows and Paſtures, Demeſnes as well in ſeverall as in Common to the ſaid Parſonage belonging, and all the Rents of all the Tenants of the ſaid W. S. as well freeholders as Cuſtomary Tenants, and all the Tithings of Corn and•ay to the ſaid Parſonage belonging, with all other the profits and commodities to the ſaid Parſonage belonging or appertaining, except and to the ſaid W. S and his Heirs and Aſſigns, alwayes reſerved all wards, marriages, reliefs, eſcheats, fines, heriots, amerciaments, woods and underwoods, and the Advowſon of the pariſh Church of Bray, when and as oft as it ſhall be void. To have and to hold, the ſaid ſcite of the Parſonage aforeſaid and all the ſaid Houſes, Lands, Meadows, Leaſow ', Paſtures, Tiths and other the premiſſes, with alls and ſingular the commodities and profits thereo belonging, with their appurtenances (except before excepted) to the ſaid W. P. his Executors, Adminiſtrators and Aſſigns, for and during the lives of the ſaid W. P. and M. P. his wife, and T. P. ſon of the laid W. P. and for and during the natural life of the longer liver of them, or any of them, yielding and paying therfore yearly, during the ſaid Term, unto the ſaid W. S. his Heirs and Aſſigns, four pounds of good and lawfull money of England, at four Feaſts or Terms of the year, That is to ſay, at the Feaſt of Saint Thomas the Apoſtle, the annunciation,10 of the bleſſed Lady Saint Mary the Virgin, the Nativity of Saint John the Baptiſt, and St. Michael the Archangel, by even and equal portions, and if it happen the ſaid yearly rent of four pounds or any part or parcel thereof, to be behind and unpaid, after any of the ſaid Feaſts above limitted for payment thereof, during the ſaid Term, by the ſpace of one moneth, that then it ſhall be lawful to & for the ſaid W. S. his Heirs and Aſſigns into the ſaid ſcite, and all other the premiſſes to enter and diſtrein, and the diſtreſses there taken to lead, drive and carry away, and to detain the ſame till the ſaid Rent, and the arrerages thereof (if any ſhall be) they ſhall be fully ſatisfied and contented, and if the ſame rent or any part or parcel thereof, be behind and unpaid after any of the Feaſts above limitted, for payment thereof, by the ſpace of one quarter of a year, or if it happen the ſaid W. P. or any of his Aſſigns, to make any waſt in the ſaid ſcite or other of the premiſſes or any part thereof, except the ſame be re-edified and builded within one whole year next after notice and warning thereof to them given, that then it ſhall be lawful to and for the ſaid W. S. his Heirs and Aſſigns into the ſaid Scite, Lands, Meadows, Leaſows, Paſtures, Rents, Tithings ▪ and all and ſingular other the premiſſes, to re-enter, and the ſame to have again, poſſeſs and enjoy, as in his or their former eſtate, and the ſaid W. P. his Executors and Aſſigns thereof, and from thence utterly to expel and amove, this Indenture, or any thing herein contained to the contrary notwithſtanding. And the ſaid W. P. for himſelf, his Executors, Adminiſtrators and Aſſigns, doth Covenant and grant, to and with the ſaid W. S. his Heirs and Aſſigns, that he the11 ſaid W. P. his Executors, Adminiſtrators and Aſſigns, ſhall find to the ſaid W. S. and his Heirs, and his and their Deputies and Officers, coming to the ſaid Scite or Parſonage, as well for the Courts and Law-daies, there to be kept as for the ſurvey of the premiſſes, meat, drink, houſe-room and beds convenient and neceſſary for their degrees, and for their horſes, hay, litter, and provinder ſufficient, at the coſts of the ſaid W. P. his executors and Aſſigns, from time to time during the ſaid term: And that the ſaid W. P. and his Aſſigns, during the ſaid term, ſhall yearly find to the Suitors of the Court of Bray, ſuch dinners or repaſts as I. P. and other Farmors there have uſed to do, taking of the ſaid W S. 10s yearly during the ſaid Term, and that the ſaid W. P. and his Aſſigns, all the dung upon the ſaid Scite and other the premiſſes, gathered and hereafter during the ſaid Term, to be gathered, upon the Lands and Demeaſnes of the ſaid Parſonage, and in none other place ſhall lay or ſpread during the ſaid Term, and alſo ſhall leave all the Meadows of the ſaid Parſonage unmowed, with their graſs and veſture full growing as in the beginning of the ſaid Term they ſhall be left to him; and that the ſaid W. P. and his Aſſigns, the great Barn of the ſaid Parſonage, and all the Houſes upon the ſaid Scite builded, and all the hedges, walls, ditches incloſures and other the premiſſes during the ſaid Term, ſhall ſufficiently repair, maintain, ſcour and keep at their onely coſts and expences, and ſo in the end of the ſaid Term, ſhall leave them (the ſaid W. P. and his Aſſigns, taking ſufficient great Timber for the ſame in Grounds of the ſaid W. S. at Bray aforeſaid, and the ſaid W. P. Covenanteth and granteth by12 theſe preſents, for him, his Executors and Aſſigns, that he or one of his Aſſigns, ſhall be continually dwelling upon the ſaid Scite with all their houſhold, or elſe ſhall appoint a convenient Tenant or Under tenant, to dwell and abide thereupon by themſelves and all their houſhold, during the ſaid term And the ſaid W. S. hath conſtituted, ordained and appointed, and by theſe preſents, doth conſtitute, ordain and appoint H. W. to be his true and lawful Atturney, for him and in his name and ſtead, to enter into the ſaid Scite, Parſonage and other the premiſſes, or into ſome part thereof, in the name of the whole, and poſſeſſion of the ſame to take, & after to deliver ſeiſin of all the ſaid premiſſes, or of ſome part thereof, in the name of the whole, unto the ſaid W. P. or to his Atturney, lawfully authorized to receive the ſame, To have and to hold, to him the ſaid W. P. his Executors, Adminiſtrators and Aſſigns, for and during the lives of the above named W. P. M. P. and T. P. and the life of the longer liver of them, according to the purport, effect and true meaning of this Indenture. In witneſs whereof the ſaid parties to theſe preſents, their hands and ſeals enterchangeably have ſet the day and year firſt above written.
The execution of the Letter of Atturney, for poſſeſſion endorſed on the back of the Leaſe aforeſaid.
MEmorandum, that the_____day of_____in the year of our Lord God, &c. the within named H. W. according to the power and authority to him given by the within named W. S. did13 enter into the Parſonage-houſe of Bray, in the County of B. in the name of the whole rectory and premiſſes within mentioned to be demiſed, and did deliver poſſeſſion and ſeiſin thereof unto the within named P. W. To have and to hold, according to the purport and effect of the deed within written, in the preſence of, &c.
A Leaſe for a yeare.
THis Indenture made the, &c. day of, &c. in the yeare of our Lord God according to the accompt uſed in England 1658 between W. S. the Elder of, &c. in the County of, &c. Eſq and Doctor in Divinity of the one part, and S. M. and C. D. of, &c. in the County of, &c. Gent. of the other part, Witneſſeth, that the ſaid S. W. for, and in conſideration of the ſumme of five ſhillings of lawful money of England to him in hand paid by the ſaid S. M. and C. D. whereof he doth hereby acknowledge the receit, hath bargained and ſold, and doth by theſe preſents bargain and ſell unto the ſaid S. M. and C. D. their executors, adminiſtrators and aſſignes, all the lands, tenements and hereditaments with their and every of their appurtenances, commonly called or known by the names of, &c. (containing by eſtimation ſix hundred and thirty acres, be the ſame more or leſſe, ſcituate, lying and being in the Towns, Pariſhes, Villages and Hamlets of G. and S. in the ſaid County of, &c. or one of them; together with all other lands, tenements and hereditaments, heretofore of Sir S. W. deceaſed, and now or late of the ſaid S. W. that are ſcituate, lying and being in the Towns, Villages and Hamlets of M.14 and T. aforeſaid or either of them) and alſo the reverſion and reverſions, remainder and remainders thereof, to have and to hold the ſaid lands, tenements, hereditaments and Premiſſes; with the appurtenances unto the ſaid S. M. and C. D. their executors, adminiſtrators and aſſignes, from the day next before the date hereof unto the end and term, and for and during the term of one year from thence next enſuing, to the intent, that by vertue thereof and of the ſtatute for transferring uſes into poſſeſſion, the ſaid S. M. and C. D. may be in the actual poſſeſſion of the ſaid lands, tenements and premiſſes, and be enabled to take and accept of a grant and releaſe of the ſame premiſſes to them, their heires and aſſignes forever. In witneſſe, &c.
A releaſe and confirmation of the precedent lands.
THis Indenture made the, &c. day of, &c. in the year of our Lord God according to the account uſed in England 1658. Between W. S. of, &c. in the County of, &c. Eſq and Doctor in Divinity of the one part, and S. M. and C. D. of, &c. in the County of, &c. Gent. of the other part. Whereas the ſaid S. W. by Indenture bearing date the, &c. day of this inſtant moneth of, &c. for the conſideration therein expreſſed, did bargain and ſell unto the ſaid S. M. and C. D. all thoſe lands, tenements and hereditaments, with their and every of their appurtenances, commonly called or known by the name of, &c. (containing by eſtimation ſix hundred and thirty acres, be the ſame more or leſſe, ſcituate, lying and being in the Towns, Villages15 and Hamlets of T. and M. in the ſaid County of, &c. or one of them, together with all other lands, tenements and hereditaments heretofore of Sir S. W. deceaſed, and now or late of the ſaid S. W. that are ſcituate, lying and being in the Towns, Villages and Hamlets of G. and S. aforeſaid or either of them) and alſo the reverſion and reverſions, remainder and remainders of the ſaid lands, tenements and premiſes and every part thereof: To have and to hold the ſaid lands, tenements and premiſes, with the appurtenances unto the ſaid S. M. and C. D. their executors, adminiſtrators and aſſignes, from the day next before the date of the ſaid recited Indenture, unto the end and term of one year from thence next following; To the intent, that by vertue thereof and of the ſtatute for transferring uſes into poſſeſſion, the ſaid S. M. and C. D. might be in the actual poſſeſſion of the ſaid lands, tenements and premiſes, and be enabled to accept of, and take a grant and releaſe of the reverſion and inheritance thereof to them and their heires, to the uſe of them, their heires and aſſignes for ever, as by the ſaid recited Indenture more at large appeareth. Now this Indenture witneſſeth, tha•the ſaid S. W. as well for and in conſideration of the ſumme of, &c. of lawful money of England paid, and ſecured to be paid by the ſaid S. M. and C. D. to ſeveral perſons by the direction and appointment of the ſaid S. W. and for ſome of his debts, wherewith the ſaid lands and premiſes ſtood charged and lyable; That is to ſay, three thouſand pounds, part thereof to F. R. Eſq and C. I. Citizen and Mercer of London, in ſatisfaction and diſcharge of the money due to them, by and upon a grant and conveyance thereof16 heretofore made of the ſaid lands and premiſſes by the ſaid S. W. and B. I. Eſq to the ſaid F. R. and C. I. and their heires and, &c. reſidue of the ſaid ſumme of, &c. To Sir C. C. and Sir P. E. in ſatisfaction and diſcharge of their right and eſtate which they had, of, and in the premiſes by a grant and conveyance of the ſaid S. W. before this time made to them and their heirs; As alſo in conſideration of a competent ſumme of money by the ſaid S. M. and C. D. to the ſaid S. W. in hand paid, whereof he doth hereby acknowledge the receit, hath granted, remiſed, releaſed and confirmed, and doth by theſe preſents grant, remiſe, releaſe and confirme unto the ſaid S. M. and C. D. in their actual poſſeſſion now being (by vertue of the ſaid recited Indenture of bargain and ſale made to them of a year and of the ſaid ſtatute) and to their heires and aſſigns, The aforeſaid lands, tenements, hereditaments and premiſſes with the appurtenances; and all the eſtate, right, title, intereſt, claime and demand whatſoever of the ſaid S. W. of, in, and to the ſame and every part thereof; and the reverſion and reverſions, remainder and remainders thereof, and of every part thereof; To have and to hold the ſaid lands, tenements, hereditaments and premiſes, with the appurtenances unto the ſaid S. M. and C. D. their heires and aſſignes for ever, to the only uſe and behoof of the ſaid S. M. and C. D. their heires and aſſignes for ever. And the ſaid S. W. for himſelfe, his heires, executors, adminiſtrators and aſſignes, doth covenant and grant, to and with the ſaid S. M. and C. D. their heires and aſſignes by theſe preſents in manner and forme following; that is to ſay, that the ſaid S. M. and C. D. their heires and aſſigns,17 ſhall and may from time to time, and at all times for ever hereafter peaceably and quietly have, hold and enjoy the aforeſaid lands, tenements and premiſes, with the appurtenances before herein mentioned to be granted, without any let, trouble, moleſtation or interruption of the ſaid S. W. or of his heires or of any other perſon or perſons whatſoever having or lawfully claiming to have any eſtate, right, title, intereſt, terme, claime or demand, of, in, and to the ſame and every or any part thereof, and that freed, acquitted and diſcharged, or well and ſufficiently ſaved and kept harmleſſe by the ſaid S. W. his heires, executors, adminiſtrators and aſſignes, of, and from all former and other grants, bargains, ſales, feoffments, mortgages, joyntures, dowers, leaſes, eſtates, ſtatutes Merchant, and of the ſtaple, recognizances, judgements, executions, poſt fines, iſſues, amerciaments, rents-charge and ſeck, all arrerages of rents, and of, and from all other titles, troubles, charges and incumbrances whatſoever, had, made, committed, ſuffered or done by the ſaid S. W. or by any other perſon or perſons whatſoever (except one conditional grant of the premiſes heretofore made by the ſaid W. S. and B. I. Eſq to F. R. Eſq and C. I. Citizen and Grocer of London, their heires and aſſignes, by way of Mortgage for ſecurity for payment of a ſumme of money therein mentioned. And alſo that the ſaid S. W. Sir C. G. and Dame E. his wife, and S. W. Eſq and C. his wife, the ſaid C. and E. being ſiſters and co-heires of S. C. Eſq deceaſed, their heires and aſſignes, and all and every other perſon and perſons, having or lawfully claiming to have any eſtate, right, title, intereſt, claime or demand, of, in, or to the ſaid18 lands, tenements and premiſſes hereby granted, or any part thereof ſhall and will from time to time, and at all times hereafter at the reaſonable requeſt, and at the coſts and charges in the law of the ſaid S. M. and C. D. their heires or aſſignes, make, do, acknowledge, levy, ſuffer and execute, and cauſe and ſuffer to be made, done, acknowledged, levyed, ſuffered and executed all and every ſuch other and further acts, things, deviſes and aſſurances in the law whatſoever of the ſaid lands, tenements and premiſſes before herein mentioned, to be granted with the appurtenances unto the ſaid S. M. and C. D. their heires and aſſignes, be it by fine, feeoffment, deed or deeds, enrolled or not enrolled, recovery with voucher or vouchers over releaſe and confirmation, or by all or any of them, or by any other reaſonable aſſurance in the law, as by the counſel learned in the law of the ſaid M. S. and C. D. their heires or aſſignes ſhall be reaſonably deviſed or adviſed and required, the which ſaid further aſſurance and aſſurances ſo to be had and made ſhall be and ſhall enure, to the only uſe and behoof of the ſaid S. M. and C. D. their heires and aſſignes for ever, and to no other uſe or uſes, intents or purpoſes whatſoever. In witneſſe whereof the ſaid parties to theſe preſents, their hands and ſeals interchangeably have ſet the day and year firſt above written.
Note, that this conveyance of leaſe and releaſe is much in uſe, and works without the formal act of livery and ſeiſin.
Note alſo, that if you leave out the recital in the releaſe, and put in the word enfeeoffee in the grant, then the releaſe works alone without the leaſe with livery.
A releaſe from an executor to two creditors of the testator of all debts.
BE it known unto all men by theſe preſents, That I C. E. Citizen and Mercer of, &c. executor of the laſt will and teſtament of E. G. late Citizen and Haberdaſher of, &c. deceaſed, have remiſed and releaſed, and by theſe preſents for me, my heires, executors and adminiſtrators, do remiſe, releaſe, and for ever quit claime unto C. R. of, &c. in the Province of, &c. in the parts beyond the ſeas Haberdaſher, and C. I. of, &c. Gent. and unto either of them all and all manner of actions, ſuits, debts, debates, accompts, reckonings, bills, bonds, writings obligatory, covenants, judgements, extents, executions, claimes, duties and all other demands whatſoever, which of or againſt the ſaid C. R. and C. I. or either of them their or either of their heires, executors or adminiſtrators, or any of them ever I have had, now have or hereafter ſhall, or may have by force and vertue of the execution of the laſt will and teſtament aforeſaid, or by reaſon, force, colour or means of any other act, matter, cauſe, deed or thing whatſoever it be from the beginning of the world untill the day of the date of theſe preſents. In witneſſe whereof, I have hereunto ſet my hand and ſeal the, &c. day of, &c.
A releaſe with an exception of ſome bonds, &c.
KNow all men by theſe preſents, that I W. H. Citizen and Merchantaylor of, &c. have remiſed, releaſed and diſcharged, and by theſe20 preſents do for me, my executors and adminiſtrators remiſe, releaſe and diſcharge unto R. C. of, &c. Barberchirurgion all and all manner of debts, ſummes of money and demands, bills and bonds whatſoever, between me the ſaid W. H. and the ſaid R. C. for any matter or thing whatſoever before the day of the date hereof, excepting two bills, bearing date the, &c. day of, &c. the one for payment of five pounds on the, &c. day of, &c. next coming, and the other for payment of five pounds on the, &c. day of, &c. now next coming. In witneſſe whereof I have hereunto ſet my hand and ſeal the, &c. day of, &c.
A releaſe from two partners to two debtors.
KNow all men by theſe preſents, That we P. E. and L. T. Citizens and Merchantaylors of, &c. have remiſed, releaſed and quit claime, and by theſe preſents for us, our heires, executors and adminiſtrators joyntly and ſeverally do remiſe, releaſe and quit claime unto C. R. of, &c. in the Province of, &c. in the parts beyond the ſeas Haberdaſher, and unto C. H. brother of the ſaid R. and to either of them, all and all manner of actions, ſuits, debts, bills, bonds, reckonings, accounts, and all other matters, cauſes, things and demands whatſoever between us the ſaid P. E. and L. T. or either of us, and the ſaid C. R. and C. H. or either of them, for any matter or thing whatſoever at any time or times, before the day of the date of theſe preſents. In witneſſe whereof we have hereunto ſet our hands and ſeals the, &c.21 day of, &c. in the year of our Lord God, &c.
A grant of the Stewardſhip of a Mannor during pleaſure.
TO all Chriſtian people to whom this preſent writing ſhall come, I P. I. of the Middle Temple London Eſq, ſend greeting in our Lord God everlaſting. Know ye that I the ſaid P. I. have given and granted, and by this my preſent writing, do give and grant unto B. I. of, &c. in the County of, &c. Gent. the office of Steward and Stewardſhip of all that the Mannor of, &c. and of the hundred of, &c. in the County of, &c. and alſo the cuſtody and keeping of Courts, Leets and other Courts, of, and within the ſaid Mannor and hundred, together alſo with all fees and profits thereunto belonging, to have, hold and enjoy the ſame to him the ſaid B. I. by himſelfe or his ſufficient deputy, for, and during my will and pleaſure. Ia witneſſe whereof I the ſaid P. I. have hereunto ſet my hand and ſeal, dated the, &c. day of, &c.
An agreement of creditors to take their debts by foure ſeveral payments and abate all intereſt.
WE the creditors of C. H. whoſe names are hereunder ſubſcribed, are all content, and22 do every one of us ſeverally and reſpectively for himſelfe agree and promiſe to take and accept of ſuch principal debts as are due unto us from the ſaid C. H. at ſuch foure dayes of payment as is hereafter mentioned (the ſaid payments to be made by even and equal portions) That is to ſay, one fourth part of our ſaid ſeveral debts on or before the, &c. day of, &c. next coming; one other fourth part thereof on the, &c. day of, &c. now next alſo enſuing; one other fourth part thereof on the, &c. day of, &c. which ſhall be in the year of our Lord God, &c. and the reſidue of our ſaid ſeveral debts being the laſt and fourth part on the, &c. day of, &c. which ſhall be in the year of our Lord God, &c. in full payment and ſatisfaction of our ſaid debts: and upon the ſaid C. H. making the firſt payment, and giving us reſpectively his bonds or bills for the three laſt payments according to this agreement, we will deliver up our old ſecurities and diſcharge him thereof. Witneſſe our hands the, &c. day of, &c.
A Leaſe of a ſide of a Shop and other conveniencies, with a grant of goods and wares according to a ſchedule annexed.
THis Indenture made the, &c. day of, &c. Between E. H. Citizen and Stationer of, &c. on the one part, and H. T. of the ſame City Stationer on the other part: Witneſſeth that the ſaid E. H. for and in conſideration of the yearly rent hereafter in and by theſe preſents reſerved to be paid, hath demiſed, granted and to farm letten, and by theſe preſents doth demiſe, grant and to farm let unto the ſaid H. T. all that part23 of the Shop now in the occupation of the ſaid E. H. being the Weſt ſide of the ſame Shop, and alſo the ware-houſe at the end of the ſame Shop, which ſaid ware-houſe abutteth apon the South end of that part of the ſaid Shop which now is in the occupation of A. R. as the ſame demiſed part of the ſaid Shop, and alſo the ſaid demiſed ware-houſe now are in the occupation of him the ſaid E. H. and parcel of his dwelling-houſe, called or known by the name or ſigne of the, &c. in, &c. ſcituate in the Pariſh of, &c. And the ſaid E. H. for the conſideration aforeſaid, doth further grant unto the ſaid H. T. free liberty and paſſage from and out of the ſaid Shop into the yard belonging to the ſaid Meſſuage, in, by, and through the entry there at all ſeaſonable and convenient times to draw and uſe water at the Ciſterne ſtanding in the ſaid yard and for any other conveniency, and alſo roome in the cellar belonging to the ſaid Meſſuage, to ſet Inke in pots or tubs there, and to carry and fetch away the ſame as occaſion ſhall be from time to time, doing as little harme thereby as may be; To have and to hold the ſaid Weſt ſide of the ſaid Shop, and alſo the ſaid Ware-houſe with free uſe of room, liberty and paſſage as aforeſaid unto the ſaid H. T. his executors, adminiſtrators and aſſignes, from the day of the date of theſe preſents unto the full end and term of ſeaven years from thence next enſuing and fully to be compleat and ended, yeilding and paying therefore yearly during the ſaid term unto the ſaid E. H. his executors, adminiſtrators and aſſignes, the ſumme of twenty pounds of lawful money of England at the Feaſts of, &c. by even and equal portions; and if it ſhall happen the ſaid yearly rent of twenty24 pounds to be behind or unpaid in part or in all, by the ſpace of fourteen dayes next after either of the ſaid Feaſts, at which the ſame ought to be paid as aforeſaid (being lawfully demanded) That then and from thenceforth, it ſhall and may be lawful to and for the ſaid E. H. his executors, adminiſtrators and aſſignes into the ſaid demiſed premiſſes to reenter, and the ſame to have again, repoſſeſſe and reenjoy, as in his former eſtate, any thing therein contained to the contrary notwithſtanding: And the ſaid E. H. doth hereby covenant and grant, to, and with the ſaid H. T. That he the ſaid E. or any other by his leave, ſufferance or title ſhall not, neither will during the ſaid term, ſell or cauſe, or procure to be ſold or vented in the ſaid Eaſt ſide, or part of the ſaid Shop now in the ſaid A. R. his occupation, any wares or commodities whatſoever belonging to the trade of a Stationer, or which the ſaid E. H. uſually ſelleth or hath ſold in the ſaid now demiſed part of the ſame Shop (excepting all manner of printed books) And the ſaid E. H. for, and in conſideration of the ſumme of one hundred thirty ſix pounds ſix ſhillings and eleven pence of lawful money of England to him in hand paid by the ſaid H. T. before the enſealing and delivery of theſe preſents, whereof he the ſaid E. doth hereby acknowledge the receipt, hath bargained and ſold, and by theſe preſents doth bargain, ſell, aſſigne, ſet over and deliver unto the ſaid H. T. all and ſingular the compters, ſhelves, boxes, drawers, goods, chattels and wares of him the ſaid E. H. being and remaining in and about the ſaid demiſed premiſſes, and which are mentioned and expreſſed in a Scedule or Inventary to theſe preſents annexed, to have, hold, enjoy,25 retaine, keep and diſpoſe of the ſaid compters, ſhelves, boxes, drawers, goods, chattels and wares and every of them, and every part and parcel of the ſame unto the ſaid H. T. to the only proper uſe and behoof of him the ſaid H. his executors and adminiſtrators, without any let, denial, moleſtation or interruption of the ſaid E. H. or of any other by or through his means, conſent, title or procurement: And the ſaid H. T. doth hereby covenant and grant, to and with the ſaid E. H. that he the ſaid H. his executors or aſſignes, ſhall and will at the end of the ſaid term, leave the ſaid compters, ſhelves, drawers and boxes in the ſame places where they now ſtand, if the ſaid E. will then pay for the ſame unto the ſaid H. the ſumme of eight pounds of good and lawful Engliſh money. In witneſſe whereof the parties firſt above named, have to theſe preſents interchangeably ſet their hands and ſeals the day and year firſt above written.
A declaration of one, whoſe name is uſed in trust in an obligation.
WHereas in and by one obligation bearing date with theſe preſents, G. H. Citizen and Girdler of London, ſtandeth bound to me•. K. Citizen and Girdler of London, in the ſumme of one hundred pounds, conditioned for payment of one and fifty pounds and ten ſhillings on the, &c. day of, &c. now next enſuing, as thereby appears. Now I the ſaid I. K. do hereby acknowledge and declare, that the moneys lent upon the ſaid obligation, was all the proper moneys of L. M. of London Gent. and that my name is uſed in the ſaid obligation only in truſt and for the benefit26 of him the ſaid L. M. Witneſſe my hand and ſeal the, &c. day of, &c.
A preſentation to a living by one who had the next donation granted to him by the Patron, according to the latest forme.
TO the Right Honourable the Commſſioners for approbation of publick Preachers, I A. B. of C. in the County of D. Gent. preſent to you E. F. Clarke to the Rectory of G. in the ſaid County with all the profits thereunto belonging; By the reſignation (or by the death) of H. I. the laſt Incumbent there being now void, and in my gift by vertue of a gift and grant thereof to me the ſaid A. B. made by K. L. of M. in the ſaid County Eſq the true and undoubted Patron of the ſame Rectory, by a ſufficient writing under his hand and ſeal, bearing date the, &c. day of, &c. laſt paſt, by which the ſaid K. L. the firſt and next advowſon, nomination, donation, collation, preſentation and free diſpoſition of the aforeſaid Rectory, with all its rights, members and appurtenances whatſoever, did to me the ſaid A. B. give and grant, deſiring you to admit the ſaid E. F. to the ſaid Church and Rectory, and to inſtitute him Rector there: And likewiſe to inveſt him with all the rights, members and appurtenances whatſoever thereunto belonging: and that you fully accompliſh and fulfill all other the ſeveral acts and things, which your office obligeth you to performe herein. Witneſſe my hand and ſeal the, &c. day of, &c. in the year of our Lord 1658.
A preſentation by a Patron of the latest forme
TO the Right Honourable the Commſſioners for approbation of publick Preachers, I A. B. of27 C. in the County of D. Eſq the true and undoubted Patron of the Pariſh Church and Rectory of G. in the County of H. preſent unto you I. K. Clarke to the ſaid Rectory of G. with all the profits thereunto belonging by the reſignation or death (as the caſe is) of L. M. the laſt incumbent there being now void, and in my gift deſiring you to admit the ſaid I. K. to the ſaid Church and Rectory, and to inſtitute him Rector there; and likewiſe to inveſt him with all the rights, members and appurtenances whatſoever thereunto belonging: And that you fully accompliſh and fulfill, all other the ſeveral acts and things, which your office obligeth you to performe herein. Witneſſe my hand and ſeal the, &c.
A deed of feoffment, with a letter of atturney to give livery and ſeiſin.
TO all to whom theſe preſents ſhall come, S. W. of, &c. ſendeth greeting. Know ye that the ſaid S W for and in conſideration of the ſum of 5 s of lawful money of England to them in hand paid by S M and C D of, &c. whereof the ſaid S W doth hereby acknowledge the receipt, and of the ſum of 5000 l of lawful money paid and ſecured to be paid unto and for the uſe of the ſaid S W his executors or aſſigns, have granted, enfeoffed and confirmed, and do be theſe preſents grant, enfeoff and confirme unto the ſaid S M and C D their heirs and aſſigns, all thoſe lands, tenements and hereditaments, with their and every of their appurtenances, commonly called or known by the names of R & G containg by eſtimation 600 aacres, be the ſame more or leſſe, ſcituate, lying and being in the Towns, Pariſhes, Villages and Hamlets of T. and M. in the ſaid County of K or one of them, together with all other lands, tenements and hereditaments heretofore of S W28 deceaſed, and late of S W and Doct. in Divinity that are ſcituate, lying and being in the Towns, Villages, and Hamlets of T and M aforeſaid, or either of them: and alſo the reverſion and reverſions, remainder and remainders of the ſaid lands, tenements and premiſſes and every part thereof: and alſo all the eſtate, right, title, intereſt, claime and demand whatſoever of the ſaid S W of, in, and to the ſame and every part thereof, to have and to hold the ſaid lands, tenements, hereditaments and premiſſes, with the appurtenances unto the ſaid S M and C D their heirs and aſſigns for ever, to the only uſe and behoof of them the ſaid S M and C D their heirs and aſſigns for ever: and the ſaid S W doth by theſe preſents make, conſtitute, ordain, authorize and appoint F L of, &c. in the ſaid County of, &c. and G M of, &c. in the ſaid County of, &c. their true and lawful atturneys for them, & in their names and ſtead joyntly or ſeverally to enter into the ſaid lands, tenements & premiſſes, or into ſome part thereof in the name of the whole, and poſſeſſion thereof for them and their names and ſtead to take, and after ſuch poſſeſſion ſo thereof had and taken for them and in their names and ſtead, to deliver full and peaceable poſſeſſion and ſeiſin of the ſaid lands, tenements and premiſſes with the appurtenances, or of ſome part thereof in the name of the whole to the ſaid S M and C D or one of them, or to their lawful atturney according to the forme of theſe preſents, ratifying and confirming and allowing all and whatſoever their ſaid atturneys or either of them ſhall do in the premiſes by vertue of theſe preſents. In witneſſe whereof the ſaid S W to theſe preſents his hand and ſeal hath ſet the, &c. day of, &c. in the year, &c.
An Indenture to bar an eſtate-Tail.
THis Indenture made the ſeventh day of October, in the eleventh year of the Reign of our Sovereign Lord Charles, by the grace of God, of England, Scotland, France and Ireland King defendor of the Faith, &c. Between T. B. of W. in the County of B. Yeoman on the one part, and T. M. of H. in the ſaid County Yeoman, and H. H. of H. aforeſaid, in the ſaid County Yeoman, on the other part. Whereas T. B. deceaſed,Recital of a Will. Grand-father of the ſaid T. B. party to theſe preſents, by his laſt Will and Teſtament in writing (amongſt other things therein contained, did give and deviſe unto J. B. alſo deceaſed Father of the ſaid T. B. party to theſe preſents, and to the Heirs male of his body with remainders over, all that his Meſſuage or Tenement with the appurtenances, ſituate and being in W. in the ſaid County of B. and all that his Cloſe, adjoyning to the ſaid Meſſuage or Tenement, and all that acre of Meadow-ground called the long Hale, lying in W. Meade, and three yards of Meadow, called the Elboes in the ſaid Pariſh of W. and half his arrable Land, Leyes and Meadow-ground, lying and being in the Pariſh and Fields of W. aforeſaid, and R. or one of them with their and every of their appurtenances in the ſaid County of B. as by the ſaid laſt will it doth and may appear, and which premiſſes do contain a Meſſuage with the appurtenances, and one Yard-land by eſtimation be it more or leſſe; And whereas the ſaid T. B. the Grandfather, ſhortly after making the ſaid Will dyed, the ſaid J. B. his ſon, him ſurviving, after which time the ſaid J. B. having iſſue, the ſaid T. B. party to theſe preſents, his eldeſt Son and Heire male, and the ſaid J. B. being34 ſince alſo dead by and after whoſe deceaſe the ſaid T. B. party to theſe preſents, now is in actual poſſeſſion of the ſaid Meſſuage or Tenement, Cloſes, Lands, Meadows, and Premiſſes with the Remainders over as aforeſaid. Now this Indenture witneſſeth, That the ſaid T. B. party to theſe preſents,To cut off the eſtate-tail. intending as well to cut off the ſaid eſtate-tail, and to barre the Remainders thereon depending, and to ſettle the ſaid Meſſuage or Tenement, Cloſe, Lands, Meadows, and Premiſſes to him the ſaid T. B. party to theſe preſents and his heirs, as alſo to barre all pretences of right that futurely may or can be made unto all and every, or any the ſaid Meſſuage, Lands, Meadows and premiſſes ſo given to the ſaid J. B. his Father, and ſince come unto him the ſaid T. B. party to theſe preſents, for that purpoſe, Doth hereby Covenant and Grant for himſelf,Covenant to levy a Fine. his Heirs, Executors and Adminiſtrators, and for every of them, to and with the ſaid T. M. his Heirs and Aſſigns by theſe preſents, That he the ſaid T. B. ſhall and will on and before the Feaſt of St. Andrew the Apoſtle, now next enſuing the date hereof, in due form of Law, acknowledge and levy one or more Fine or Fines, Sur cognizance de droit come ceo, &c. before his Highneſſe Juſtices of his Highneſſe Court of Common-pleas at Weſtminſter, unto the ſaid T. M. of and for the ſaid Meſſuage or Tenement, Cloſe and all and every the ſaid Meadows, Lands and premiſſes by the name or names of one Meſſuage, one Garden, one Orchard, forty acres of Land, ſix acres of Meadow, ſix acres of paſture and Common of paſture, for all Cattel with the appurtenances in W. and R. or one of them in the ſaid County of B. or by ſuch other name or names,35 quantity or number of acres, as to the ſaid T. M. or his Councel learned, ſhall ſeem meet and expedient. To the intent that he the ſaid T. M. ſhall by force thereof, ſtand and be ſeized of the Meſſuage or Tenement, Cloſe, Lands, Meadows, and premiſſes, untill a good and perfect common recovery with a double Voucher over may be duly had and executed of and for the ſaid Meſſuage or Tenement, Lands,To ſuffer a Recovery. Meadows, and premiſſes according to the courſe of common recoveries for aſſurance of Lands and Tenements in ſuch caſes uſed. And it is hereby fully declared and agreed by and between all the parties to theſe preſents, That after the ſaid Fine or Fines ſo to be levyed of the ſaid Meſſuage, Lands and premiſſes as aforeſaid, he the ſaid T. M. ſhall and will permit and ſuffer him the ſaid H. H. to bring and purſue againſt him the ſaid T. M. one or more Writ or Writs of Entry ſur Diſſeiſin in le poſt returnable before his Highneſſe Juſtices of his Highneſſe ſaid Court of Common-pleas at Weſtminſter, by which he the ſaid H. H. ſhall demand againſt him the ſaid T. M. all and every the ſaid Meſſuage, Lands, Meadows and premiſſes by the name or names of one Meſſuage, one Garden, one Orchard, forty acres of Land, ſix acres of Meadow, ſix acres of paſture and common of paſture for all Cattel, with the appurtenances in W. and R. or one of them in the ſaid County of B. or by whatſoever other name or names, quantity or number of acres, as to the ſaid H. H. ſhall ſeem meet, To which Writ or Writs the ſaid T. M. ſhall appear Gratis, and ſhall enter into the Warranty, and ſhall vouch to Warranty the ſaid T. B. party to theſe preſents, who alſo ſhall appear and enter into the Warranty, and ſhall vouch over the Common Vouchee, who alſo ſhall appear and enter into the Warranty for36 the ſaid premiſſes, and after make default, ſo that a good and perfect Common Recovery with a double Voucher over, may be duly had and executed of and for the ſaid Meſſuage or Tenement, Cloſe, Lands, Meadows and premiſſes according to the courſe of Common Recoveries in ſuch caſes uſed. And it is hereby further declared, concluded, expreſſed and agreed by and between all the parties to theſe preſents,The declaration of the uſe. And the true intent and meaning of all the parties to theſe preſents, and of theſe preſents is, That after the ſaid Recovery ſuffered and executed of and for the ſaid premiſſes, or any of them, as well the ſaid Recovery, as alſo the ſaid Fine, and all Fines and Recoveries ſuffered and levyed, or to be ſuffered, levyed or acknowledged by or between the ſaid parties to theſe preſents, or any of them, of and for the premiſſes, or any of them ſhall be and enure, and hereby, and by all the parties to theſe preſents, are and ſhall be adjudged, deemed and taken to be and enure, To the only proper uſe and behoof of the ſaid T. B. party to theſe preſents, and of his heires and aſſignes for ever, And to none other uſe, intent or purpoſe whatſoever. In witneſſe whereof the parties aboveſaid, &c.
A Covenant to give ſecurity to perform Covenants.
ANd laſtly, that the ſaid I. S. his Executors and Aſſignes, ſhall within one year next following, after the beginning of the Term hereby granted, put in good Security to the ſaid T. S. his Heirs or Aſſigns by Obligation, or otherwiſe for the payment of the rent, and performance of the Covenants, hereby to be by him the ſaid I. S. his Executors or Aſſigns paid or performed. In witneſſe whereof, &c.
A re-demiſe of Lands Mortgaged.
THis Indenture made, &c. Between T. L. of, &c. on the one part, and I. M. of, &c. and G. M. of, &c. on the other part, Whereas the ſaid I. M. and G. M. by their Indenture of Leaſe, bearing date,Recital of the Mortgage. &c. for the conſiderations therein expreſſed, did demiſe, grant, bargain, ſet, and to farm-let unto the ſaid T. L. his Executors and Aſſigns, All that the Mannor of L. G. and P. with the appurtenances in the ſaid County of M. and alſo all Meſſuages, Houſes, Edifices, Buildings, Barns, Stables, Out-houſes, Yards, Back-ſides, Orchards, Gardens, Lands, Tenements, Meadows, Leaſows, Paſtures, Feedings, Wayes, Waſts, Waſt-grounds, Commons, Commodities, Moores, Marſhes, Woods, Wood-grounds, Under-woods, Waters, Water-courſes, Ponds, Pooles, Liberties, Fiſhings, Advowſon and Patronage of the Church of L. G. and P. aforeſaid, Rents, Reverſions, Services, Eſcheats, Fines, Amerciaments, Court-leets, Views of frank-pledge and profits of Courts, and all that to Courts, and Leets belongeth, Chattels, wayfes, eſtrayes, goods and chattels of Fellons and Fugitives, Cuſtomes, Rights, Juriſdictions, Priviledges, Profits, Commodities, Advantages, Emoluments and Hereditaments whatſoever, with their appurtenances of whatſoever kind, nature or quality ſoever, or by whatſoever name or names they are called or known by, ſcituate, lying and being, coming, renewing, ariſing or growing in L. G. and P. aforeſaid, and H. Y. and Z. or within any of them, or elſewhere in the ſaid County of M. to the ſaid M. Meſſuages, Lands, Tenements, Meadows, Feedings, Paſtures38 and other the premiſſes, or to every or any of them in any wiſe belonging or appertaining, or Incident, or Dependant thereunto, or as part, parcel or member thereof, or at any time then to fore known, accepted, taken, uſed, demiſed or reputed as part, parcel or member thereof, or of any part thereof, with their and every of their Rights, Members and Appurtenances. To have and to hold the ſaid Mannors, Meſſuages, Lands, Tenements, Meadows, Paſtures, Advowſons, and all other the premiſſes, with their and every of their Rights and Appurtenances unto the ſaid T. L. his Executors and Aſſigns for the terme of 99. yeares next enſuing the date of the ſaid recited Indenture of Leaſe, fully to be compleat and ended, by and under the yearly Rent of a Pepper-corn at the Annunciation of our Lady St. Mary the Virgin, if it were lawfully demanded, as by the ſaid recited Indenture of Leaſe amongſt other things therein contained, it doth and may appear. Now this Indenture witneſſeth,The re-demiſe. that the ſaid T. L. for divers good cauſes and conſiderations him moving, Hath demiſed, ſet and to farm-letten, and by theſe preſents doth demiſe, ſet and to farm-let unto the ſaid I. M. and G. M. their Executors and Aſſigns, the ſaid Mannor, Meſſuages, Lands, Tenements, Meadows, Paſtures, Advowſons, and all other the premiſſes, with their and every of their appurtenances in the ſaid recited Indenture of Leaſe mentioned, To have and to hold the ſaid Mannor,The Habendum. and all other the premiſſes, with their and every of their appurtenances unto the ſaid I. M. and G. M. their Executors and Aſſigns for the Term of 98. and 10. months next enſuing the date hereof. Yielding and paying therefore yearly, during the ſaid term unto the ſaid T. L. his Executors and Aſſigns,39 one Pepper-corn at the Feaſt of, &c. if it be demanded. Proviſo to pay money.Provided alwaies, and upon Condition, that if the ſaid I. M. and G. M. their Heirs, Executors, Adminiſtrators and Aſſigns, or ſome of them, ſhall not well and truly pay, or cauſe to be paid unto the ſaid T. L. his Executors or Aſſigns, the ſumme of xx. pounds of currant money of England, on and upon the twenty fifth day of M. next enſuing the date hereof, and alſo the ſumme of 500. pounds of currant money of England, on and upon the twenty fifth day of M. which ſhall be in the year of our Lord God 1632. that then from and after default of payment of the ſaid ſeveral ſummes, or either of them, or of any part of them, or either of them, this Indenture of Leaſe, and all and every matter and thing herein contained, ſhall ceaſe, determine, and be utterly void, to all intents and purpoſes, this Indenture, or any thing herein contained to the contrary thereof in any wiſe notwithſtanding, the ſame ſeveral payments to be made and paid at or in the now, &c. and that without any demand to be made for the ſame. And the ſaid I. M. and G. M. for themſelves,Covenant to re-deliver poſſeſſion upon failing of payment. and either of them, joyntly and ſeverally, and for their and either of their ſeveral heirs, Executors and Adminiſtrators, and for every of them, do and doth Covenant, Promiſe and Grant to and with the ſaid T. L. his Executors and Aſſigns, and to and with every of them, &c. that in caſe the ſaid I. M. and G. M. their Executors, Adminiſtrators and Aſſigns, ſhall fail to pay the ſaid ſeveral ſummes of money, or any of them, or any part of them, or either of them at the dayes and times herein before mentioned and appointed for payment thereof, that then they the ſaid I. M. and40 G. M. their Heires and Aſſigns, and every and either of them, ſhall and will within, &c. next after default of payment of the ſaid ſummes of money, or any or either of them, or any part of them, or either of them, leave, yield up and deliver unto the ſaid T. L. his Executors and Aſſigns, the peaceable and quiet poſſeſſion of the ſaid Mannor, Meſſuages, Lands and all other the premiſſes, with their and every of their Rights, Members and Appurtenances. And to make further aſſurance.And alſo that they the ſaid I. M. and G. M. their heirs and aſſigns, ſhall and will from time to time, and at all times, during the ſpace of 7. years, &c. as in Covenants for further aſſurance. And the ſaid T. L. for himſelf, That if the ſaid I. M. and G. M. their Heirs or Aſſigns, or any or either of them, do and ſhall well and truly pay, or cauſe to be paid unto the ſaid T. L. his Executors or Aſſigns, the ſaid ſeveral ſummes of money herein before mentioned and expreſſed, at the dayes and times in the Proviſo herein before expreſſed and appointed for payment thereof, according to the true intent and meaning of the ſaid Proviſo, That then he the ſaid T. L. his Executors and Aſſigns,Covenant upon payment to aſſign over all the Leſſors intereſt. from and after full payment of the ſeveral ſummes of money in form aforeſaid, ſhall and will at the requeſt of the ſaid I. M. and G. M. their Heirs or Aſſigns, deliver up the ſaid recited Indenture, and alſo that part of theſe preſents, which is under the hand and ſeal of the ſaid I. M. and G. M. And alſo that he the ſaid T. L. his Executors and Aſſigns, ſhall and will permit and ſuffer them the ſaid I. M. and G. M. their Heirs and Aſſigns, to hold and enjoy the ſaid Mannor and premiſſes, for and untill default of payment41 of the ſaid ſeveral ſummes of money, or either or any part of them, ſhall happen to be made by the ſaid I. M. and G. M. their heirs or aſſigns, at either of the dayes or times herein before mentioned and appointed for payment thereof. In witneſſe, &c.
A Confirmation of a Mortgage.
TO all Chriſtian people to whom this preſent writing ſhall come, R. F. of London, ſon and heir of W. F. late of L. in the Pariſh of P. R. in the County of B. Yeoman deceaſed, ſendeth greeting in our Lord God everlaſting. Whereas the ſaid W. F. by his Indenture of Leaſe bearing date, &c. made between the ſaid W. F. by the name of W. F. of L. in the Pariſh of P. R. in the County of B. Yeoman on the one part, and T. F. then of W. A. in the Pariſh of H. in the ſaid County of B. Husbandman on the other part, for and in conſideration of the ſumme of 50. l of currant money of E. to him the ſaid W. F. by the ſaid T. F. in hand paid, and for other conſiderations him moving, did demiſe, grant and to farmlet unto the ſaid T. F. his Executor, and Aſſigns, all that Meſſuage or Tenement, wherein he the ſaid W. F. did then dwell with the appurtenances, ſcituate, lying and being in L. aforeſaid, within the Pariſh of P. R. in the C. of B. and alſo all and ſingular the Cottages, Houſes, Barns, Stables, Buildings, Edifices, Yards, Back-ſides, Orchards, Gardens and Eaſments to the ſame Meſſuage or Tenement belonging, or in any wiſe appertaining. And alſo all thoſe two Cloſes, &c. and alſo all woods, underwoods, timber and trees, quick-mounds, hedges, ditches, Fences, hades and balks whatſoever, ſtanding, growing or being in or upon the premiſſes, or any part or parcel thereof, or to the ſame premiſſes,42 or to any part or parcel thereof belonging, or in any wiſe appertaining, together with all Commons, Common of paſture, Commodities, Profits and appurtenances whatſoever, and all other lands, tenements and hereditaments whatſoever, to the ſaid Meſſuage or Tenement, & other the premiſſes, or to any of them, belonging, or in any wiſe appertaining, and the Reverſion and Reverſions, Rent and Rents of all and ſingular the premiſſes, and of every part and parcel thereof. To have and to hold the ſaid Meſſuage or Tenement, Houſes, Cloſes, arrable Lands, Woods, Under-woods, Commons, Commodities and all other the premiſſes, and every part and parcel thereof, with their appurtenances unto the ſaid T. F. his Executors, Adminiſtrators and Aſſigns, from the Feaſt of, &c. next coming after the date of the ſaid recited Indenture, unto the end and term, and for and during the term of 500. years from thence next enſuing, fully to be compleat and ended, and without Impeachment, of or for any manner of waſte, by and under the yearly Rent of 1. l at the Feaſt of, &c. only if it were lawfully demanded, Nevertheleſſe with Proviſo in the ſaid recited Indenture, contained and hereafter following (viz.) Provided alwayes, and it is Covenanted, granted, concluded and fully agreed by and between the parties to the ſaid Indenture, That if the ſaid W. F. his Heirs, Executors, Adminiſtrators or Aſſigns, or any of them, do and ſhall well and truly content, ſatisfie and pay, or cauſe to be paid unto the ſaid T. F. his Executors, Adminiſtrators or Aſſigns, the full ſumme of 50. l of lawful money of E. on and upon the twenty ſixth day of M. next coming after the date of the ſaid recited Indenture, at the then dwelling houſe of the ſaid T. F. at, &c. without fraud or deceipt, That then at all times thenceforth, from and after full payment made of the43 ſaid ſumme of 50. l as aforeſaid, the ſaid Indenture Leaſe, Demiſe and Grant, and all and every other Covenant, Grant and Articles therein contained, ſhould ceaſe, determine, and be utterly void and of none effect, to all intents and purpoſes, and that then, and at all times from thenceforth, it ſhould be lawful for the ſaid W. F. his heirs and aſſigns into the ſaid premiſſes to re-enter, and the ſame to have again, as in and by the ſaid recited Indenture, &c. appeareth. And whereas the ſaid W. F. did not pay, nor cauſe the ſaid ſumme of 50. l to be paid, neither is the ſame yet paid unto the ſaid T. F. according to the Proviſo or Condition in the ſaid recited Indenture of Leaſe mentioned, by reaſon whereof all the ſaid Meſſuage and premiſſes became abſolutely forfeited unto the ſaid T. F. for all the ſaid term of 500. years in the ſaid recited Indenture mentioned. Now theſe preſents witneſſe, that the ſaid R. F. being Son and Heir of the ſaid W. F. deceaſed, for and in conſideration of the ſumme of 28. l more of currant money of E. to him in hand paid, &c. and for other good cauſes and conſiderations him moving, hath and hereby doth abſolutely grant, ratifie and confirm the foreſaid Leaſe, and all the eſtate and term for years therein and thereby demiſed and granted, or mentioned to be demiſed and granted, And alſo doth hereby fully and abſolutely releaſe the ſaid Condition, and all and every the Condition and Conditions whatſoever in the ſaid recited Indenture of Leaſe contained. And alſo the ſaid R. F. for the Conſideration aforeſaid, doth hereby grant, demiſe, confirm and aſſure unto the ſaid T. F. his Executors, Adminiſtrators and Aſſigns, the foreſaid Meſſuages or Tenement, Cottage, Cloſes, Lands, and all other the premiſſes, for all the foreſaid term and number of 500. years by the ſaid recited Indenture of Leaſe, demiſed44 or thereby mentioned to be demiſed, and doth alſo hereby grant and releaſe unto the ſaid T. F. his Executors and Aſſigns, the foreſaid yearly rent of 1. l by the ſaid recited Indenture reſerved, and all the arrerages thereof. To have and to hold all the ſaid Meſſuage or Tenement, Cottages, Cloſes, Lands, and all other the premiſſes, with their and every of their appurtenances in the ſaid recited Indenture mentioned, and the ſaid yearly rent unto the ſaid T. F. his Executors, Adminiſtrators and Aſſigns, for and during all the reſt and reſidue of the ſaid term and number of 500. years in the ſaid recited Indenture of Leaſe mentioned, and now to come and unexpired, freely and abſolutely without any Proviſo or Condition whatſoever. Cum Covenantis proprecata fruitione, et ab Incumbram, et ulterior Aſſurand. In witneſſe whereof, &c.
An Indenture upon Marriage, and for ſettling Lands to uſes: and a Declaration of a Fine levyed to thoſe uſes.
THis Indenture made, &c. Between I. S. Eſq ſecond ſonne of the Right Honourable H. E. of W. on the one part, and A. Lady D. of, &c. and Sir T. W. of, &c. on the other part: Whereas the ſaid E. and A. his Wife, in the County of W. are now ſeized for term of their lives,Recital of being ſeized. and of the life of the longer liver of them, of and in all that the Mannor of C. and the lands, tenements and hereditaments, called C. P. and of the Burrough of C. and of the advowſon and free gift of the Parſonage of the Church of C. with all and ſingular the rights, members and appurtenances thereof in the C. of D. and of diverſe Meſſuages, Lands, Tenements, Rents,45 Woods, Wood-grounds, and Hereditaments to the ſaid Mannor, and premiſes belonging or appertaining, without Impeachment of waſte, the Reverſion or Remainder thereof to the ſaid I. S. and the Heirs of the body of the ſaid I. S. lawfully to be begotten. And for want of ſuch iſſue the Remainder to the right heirs of the body of the ſaid E. and C. And for want of Heirs iſſuing of the body of the ſaid E. and C. the Remainder then to the right and next heires of the ſaid C. for ever. Recital of the Marriage.And whereas there is a Marriage by Gods grace intended ſhortly to be had and ſolemnized between E. Lord H. ſonne and heir apparent of the ſaid E. and C. and E. D. ſole daughter of the ſaid A. Lady D. they the ſaid E. and C. and the ſaid I. S. for ſettling of the inheritance of the ſaid M. and premiſes to the uſes hereafter expreſſed and declared, have this preſent time of the holy Trinity in the year aboveſaid acknowledged and levied one Fine in due forme of Law before his Highneſſe Juſtices of his Court of Common Pleas at Weſtminſter,Recital of the Fine. unto the ſaid A. Lady D. and Sir T. W. and to the Heirs of the ſaid A. Lady D. amongſt other Mannors, Lands, Tenements and Hereditaments in the ſaid Fine contained, of and for all that the ſaid Mannor of C. with the appurtenances, And of all Lands, Tenements, Meadows, Paſtures, Feedings, Commons, Woods, Wood-grounds, Waſts, Moors, Heaths, Liberties, Franchiſes, Juriſdictions, Advowſons, Preſentations, Emoluments and Hereditaments whatſoever to the ſaid Mannor and premiſſes, or any part or parcel thereof, belonging or appertaining, or accepted, reputed, taken, known or demiſed, letten, uſed, occupied or enjoyed, as part parcel or member thereof, or any46 part thereof. And whereas the ſaid E. and C. by Indenture tripartite under their hands and Seals, dated with theſe preſents, have expreſſed and declared that the ſaid Fine ſo levied of and for the ſaid Mannor of C. and premiſſes herein contained, ſhould be and enure to the uſe and behoof of them the ſaid E. and C. for and during the term of their two lives, and the life of the longer liver of them, without Impeachment of or for any manner of waſt, and from and after their deceaſe, and of the Survivor of them, the Remainder thereof to the uſe of the ſaid E. Lord H. during the term of his natural life, and from and after his deceaſe, the Remainder thereof to the Heirs males of the body of the ſaid E. Lord H. to be begotten on the body of the ſaid E. the Remainder thereof to the right Heires of the ſaid C. as by the ſaid Fine and recited Indenture, purporting and declaring the uſe aforeſaid, it doth and may appear. Now this Indenture witneſſeth, and it is hereby covenanted,Intention of Parties. concluded, declared and agreed by and between all the parties to theſe preſents, and the true intent and meaning of the ſaid I. S. and of all the parties to theſe preſents, and to the ſaid Fine at the time of levying thereof, for and concerning the ſaid Mannor of C. with the rights, members and appurtenances thereof, was, and now is, that the ſame Fine ſhould be and enure, and hereby, and by all the parties to theſe preſents, is declared and expreſſed to be and enure, and the Cognizees of the ſaid Fine, and their heires ſhall ſtand and be ſeized of the ſaid Mannor of C. with the rights, members and appurtenances thereof:The uſes. To the uſes, intents and purpoſes hereafter expreſſed, limited and declared, that is to ſay; To the uſe and behoof of them the ſaid E. and C. for and during47 their two lives, and the life of the longer liver of them without Impeachment of any manner of waſte, And from and after their deceaſe, and of the Survivor of them, the Remainder thereof to the uſe of the ſaid E. Lord H. Son and Heire Apparent of the ſaid E. for and during the term of his natural life; And from and after his deceaſe, the Remainder thereof to the heires males of the body of the ſaid E. Lord. H. to be begotten on the ſaid E. D. his intended Wife, and in default of ſuch heirs male, then to the uſe of the heires of the body of the ſaid E. Lord H. to be begotten on the body of the ſaid E. D. the Remainder thereof to the right heires of the ſaid C. and to none other uſe, intent or purpoſe. Provided alwayes,Proviſo to make Leaſes. and the true intent and meaning of all the parties to theſe preſents, is and was at the time of levying the ſaid Fine. That it ſhall and may be lawful to and for the ſaid E. and C. during their joynt lives, and for the Survivor of them at all times, and from time to time, to make any leaſe or leaſes of all or any of the ſaid Mannor and premiſſes, or any part or parcel thereof, to any perſon or perſons for 21. years in poſſeſſion, or under, or for three lives in poſſeſſion or under, and not otherwiſe or in other manner, ſo as upon every ſuch Leaſe, ſo to be made the uſual and old accuſtomed Rent, or more be reſerved and appointed to be payable yearly, during the ſaid term or terms, to ſuch perſon or perſons, as by force of theſe preſents, or of the ſaid Fine, or recited Indenture, or any of them, ſhall or ought after the deceaſe of the ſaid E. and C. to have the immediate Reverſion or Remainder thereof. In witneſſe whereof, &c.
A Declaration of the uſe of a Fine and Recovery.
THis Indenture made, &c. between the right Honourable T. L. W. on the one part, and the right Honourable W. L. P. Sir N. F. and T. V. on the other part,The recital of the Fine and Recovery. whereas, &c. reciting a Fine and Recovery ſuffered in the Term of, &c. of theſe Mannors, &c. by the name or names of, &c. Now this Indenture witneſſeth, that the true intent and meaning of the ſaid T. Lord W. and of the ſaid Recoverer, and of all the parties to the ſaid Recovery, and every of them, and to theſe preſents before and at the ſeveral and reſpective times of the ſuffering of the ſaid Recovery, for touching and concerning the ſaid Mannors, Lands, Tenements, Hereditaments and premiſſes, and every of them, whereof the ſaid Recovery was ſuffered and had alwayes was and now is:The intent of the parties at the execution of ſuch Fine and Recovery. That the ſaid Recovery ſhould, and ſhall be, and enure, and be conſtrued, adjudged, deemed and taken to be and enure, and that the ſaid Recoverers and every of them, and all the parties to the ſame, and the party-takers thereby and their heirs, and all and every other perſon and perſons, and his and their heirs who then were, or now are, or hereafter ſhall be ſeized of the ſaid Mannors, Lands, Tenements, Hereditaments, and Premiſes, or of any part thereof, or any of them ſhould and ſhall ſtand and be ſeized of the ſame Mannors, Lands, Tenements, Hereditaments and Premiſſes, and every parcel thereof with the appurtenances, to the uſes, purpoſes and intents, and under the proviſions, Conditions and Limitations hereafter in theſe preſents expreſſed, ſpecified, limited and49 declared, and to no other uſe, intent or purpoſe. The uſes.And the ſaid T. Lord W. doth hereby limit, expreſſe, declare and appoint that all the ſame Mannors, Lands, Tenements, Hereditaments and premiſſes, ſhall be and remain to the ſeveral uſes, purpoſes and intents hereafter in theſe preſents expreſſed (that is to ſay) to the uſe and behoof of the ſaid T. Lord W. and his Aſſignes, for and during the term of his natural life without Impeachment, of or for any manner of waſte, and from and after the deceaſe of the ſaid T. Lord W. then to the uſe of the ſaid W. Lord P. Sir N. F. and T. V. their Heirs and Aſſigns for ever, for and to this intent and purpoſe, that they the ſaid, &c. and their heirs, and the Survivor and Survivors of them, and his and their heirs, ſhall and will bargain,For payment of Debts. ſell, or otherwiſe diſpoſe of the ſame, for and towards the payment, ſatisfaction and diſcharge of ſuch debts and ſummes of money as the ſaid T. Lord W. doth now owe, or which he ſhall owe at the time of his death to any perſon or perſons, and for the diſcharging of ſuch perſon and perſons as do now ſtand, or which at the time of the death of the ſaid T. Lord W. ſhall ſtand bound or engaged for or with the ſaid T. Lord W. for the ſame debts, or ſummes of money or any of them, and alſo for the ſatisfaction, payment and diſcharge of all ſuch ſum or ſums which the ſaid T. Lord W. hath, or hereafter ſhall take up, borrow or receive, for or in conſideration of which he hath heretofore granted, or hereafter ſhall grant any Annuity or Annuities, Rent or Rents-charge, iſſuing or to be iſſuing, or payable out of the ſame Mannors, Lands, Tenements, Hereditaments and premiſſes, or any of them, or out of any of the Mannors, Lands, Tenements, or hereditaments of the ſaid T. Lord W. in the Territories of England,50 whereby the ſame Rent or Rents charge,And Legacies. ſhall and may be determined. And alſo for and towards the payment and diſcharge of the funeral charges and expences of the ſaid T. Lord W. and of the Legacies and bequeſts which the ſaid T. Lord W. by his laſt Will and Teſtament in writing, to be ſealed, ſubſcribed and publiſhed by him before three ſufficient witneſſes, ſhall give and bequeath to any perſon or perſons, or to any uſe or uſes, or ſo much of ſuch ſum and ſums of money, debts, funeral expences and legacies, as the value of the ſaid Mannors, lands and tenements (to be ſold) as aforeſaid ſhall amount unto. And that if any over-plus ſhall be of the value of the ſame Mannors,The Dispoſal of the Overplus. lands, tenements, hereditaments and premiſſes, more than ſhall be or will be ſufficient to ſatisfie and diſcharge all the ſame debts, ſums of money, funeral charges, Legacies and bequeſts, that then the ſaid, &c. their Heirs, Executors or Adminiſtrators, ſhall and will pay and deliver the ſame overplus, which ſhall remain of the Sale, or value of the ſaid Mannors, Lands, Tenements, Hereditaments and Premiſſes, unto ſuch perſon or perſons to whom the ſaid Lord W. ſhall by his laſt Will in Writing in preſence of two witneſſes at leaſt, appoint the ſaid lands and premiſſes to come after his death. And further upon this truſt and confidence repoſed in the ſaid, &c. and their heirs, that if the ſaid perſon to whom the premiſſes ſhal be limited or appointed to come after the ſaid Lord W. his death as aforeſaid,Parties truſted to give ſecurity to diſpoſe of the premiſſes accordingly. then if ſuch preſon, his heirs, Executors, Adminiſtrators or Aſſigns, ſhall within two years next after the death of the ſaid T. Lord W. well and truly ſatisfie, pay and diſcharge51 all the foreſaid debts, ſummes of money, funeral charges, Legacies & bequeſts which by the true intent & meaning of theſe preſents, are limited, expreſſed or intended to be paid for, out of, or in reſpect of the ſaid Mannors, Lands, tenements, hereditaments & premiſſes, or ſhall give or make to the ſaid, &c. or the Survivors or Survivor of them, or to the heirs executors or adminiſtrators of the Survivors or Survivor of them, good & ſufficient ſecurity for the payment of all the ſaid debts, ſum & ſums of money,Security to be allowed of by, &c. funeral charges, gifts, Legacies & bequeſts, which by the true intent and meaning of theſe preſents, are before expreſſed to be paid, the ſame ſecurity to be approved & allowed of by one of the Lords, &c. for the time being, and any two of the Juſtices for the time being of the Courts of Upper Bench or Common Pleas, that then the ſaid W. Lord P, &c. and their heirs, and the Survivor and Survivors of them, and his and their heirs and aſſigns, ſhall and will at the coſts and charges in the Law of ſuch perſon or perſons to whom the ſaid T. Lord W. ſhall as aforeſaid appoint or limit the premiſſes to come after his death, his heirs or aſſigns, convey and aſſure the ſaid Mannors, Meſſuages, Lands, tenements, hereditaments and premiſſes with the appurtenances, to ſuch perſon or perſons, his and their heirs and aſſigns, by ſuch good and ſufficient Conveyance and Aſſurance in the Law, with ſeveral and reſpective Warranty, only by every of them the ſaid W. Lord P, &c. ſeverally or reſpectively againſt themſelves, and their ſeveral and reſpective heirs, as by ſuch perſon or perſons, his or their heirs or aſſigns, or his or their Councel learned in the Laws of this Land, ſhall be reaſonably deviſed and required. Provided alwayes, and the true intent and meaning of the ſaid T. Lord W. and of all the parties to the52 ſaid Recovery and other Aſſurance, and of the parties to theſe preſents and every of them, before and at the time of the ſuffering of the ſaid Recovery and other Aſſurances, was and yet is, and is ſo hereby expreſſed, publiſhed and declared (notwithſtanding any thing herein before contained.) That it ſhall and may be lawful to and for the ſaid T. Lord W. from time to time, and at all times, &c.
A Leaſe to try a Title by Ejection firme.
THis Indenture made, &c. Between T. W, &c. and H. L. of, &c. Witneſſeth, that the ſaid T. W. for divers and ſundry good cauſes and conſiderations him in this behalf eſpecially moving, hath demiſed, granted and to Farm-letten, &c. unto the ſaid H. L. all that Shop, with the appurtenances ſometime called or known by the name or ſign of, &c. and now commonly called or known by the name or ſign of, &c. late in the tenure or occupation of, &c. ſcituate, &c. together with all and ſingular Lights, Eaſments, Commodities and Appurtenances to the ſame Shop belonging, or in any wiſe appertaining. To have, &c. from the Feaſt of, &c. laſt paſt, &c. Yielding, &c. at, &c. Provided alwayes, that if the ſaid T. W. his, &c. do and ſhall at any time or times, during the ſaid Term of, &c. tender or pay, or cauſe to be paid unto the ſaid H. L. his, &c. twelve pence of lawful Engliſh money at, &c. for and to the intent and purpoſe, to make void and fruſtrate this preſent Leaſe and Demiſe, That then this preſent Leaſe, Demiſe and Grant, aforeſaid ſhall ceaſe, determine and be utterly void and of none effect to all intents and purpoſes, as though53 the ſame had never been made, Any thing herein contained to the contrary thereof in any wiſe notwithſtanding. In witneſſe, &c.
Note A Leaſe of Ejectment muſt Commence alwayes from a Feaſt or a day paſt.
A Letter of Atturney to ſeal ſuch a Leaſe.
BE it known to all men by theſe preſents, that I, T. W, &c. have made, ordained, conſtituted, deputed, and in my ſtead and place put, and by theſe preſents, &c. my wel-beloved, &c. S. W, &c. my true and lawful Atturney, for me and in my ſtead, right, title and name, to enter into and upon all that, &c. naming the, &c. as in the Leaſe, or into or upon any part or parcel of the premiſſes, and the ſame premiſſes with the appurtenances, for me and in my name, and to my uſe to claim, and poſſeſſion thereof, or ſome part thereof in the name of the whole, for me, and in my name to take, and after ſuch poſſeſſion thereof ſo had and taken for me and in my right ſtead and name to ſeal, and as my Deed to deliver to H. L. upon the premiſſes or ſome part thereof, a certain Writing indented, ſubſcribed with my hand, containing or purporting amongſt other things, the form of a Demiſe of the premiſſes, by or from me the ſaid T. W. to the ſaid H. L. for the term of three years next enſuing from the Feaſt, &c. laſt paſt, &c. holding firm and ſtable all and whatſoever my ſaid Atturney, ſhall do or cauſe to be done for me and in my ſtead and name in or about the premiſſes, or any of them by force of theſe preſents. In witneſſe, &c.
A Mortgage.
THis Indenture made, &c. Between I. F. and E. F. widow on the one part, and I. R. of, &c. on the other part, &c. Witneſſeth, That the ſaid I. F. and E. F. for and in Conſideration of the ſumme of, &c. to them in hand before the enſealing and delivery of theſe preſents, well and truly paid, wherewith they and every of them, do acknowledge themſelves fully ſatisfied and paid, and thereof, and of every part thereof, do clearly acquit and diſcharge the ſaid I. R. his heirs, Executors and Adminiſtrators, and every of them for ever by theſe preſents: Have bargained, ſold, granted, aliened and confirmed; And by theſe preſents do, &c. unto the ſaid I. R. his heirs and aſſigns for ever. All that Meſſuage or Inn called or known by the name of the New-Inn, with the back-ſides, backyard and garden thereunto adjoyning and belonging, ſcituate, lying and being in H. aforeſaid, in the ſaid County of O. on the Weſt-ſide of a certain ſtreet, there called the North-ſtreet, with all and ſingular the Houſes, Edifices, Buildings, Cellers, Sollers, Gardens, Orchards, Profits, Commodities and Hereditaments whatſoever, to the ſaid Meſſuage or Tenement called the New-Inn, belonging or in any wiſe appertaining, or now accepted, reputed, letten, uſed or known as part parcel or member of the ſame Meſſuage or Inn, and now being in the holding or occupation of the ſaid E. F. and her Aſſignes, And all the eſtate, right, title, intereſt, uſe, poſſeſſion, remainder, inheritance, claim and demand whatſoever of the ſaid I. F. and E. F. of, in and to the ſame Meſſuage or Inn, called the New-Inn, and every part and parcel thereof: And alſo all and every the Deeds, Evidences, Charges, Writings, Eſcripts55 and Minuments whatſoever, Concerning only the ſaid bargained premiſſes, or any part or parcel thereof, and true Copies of all other Deeds, Writings, Evidences and Minuments that do concern the bargained premiſſes, or any part or parcel thereof, joyntly with any other Lands, Tenements or Hereditaments, which they the ſaid I. F. and E. F. now have, or knowing where they are, may lawfully come by without Suit in Law, and all and every the Copies aforeſaid, to be Copyed and written forth at the coſts and charges of the ſaid I. R. his heirs or aſſignes: They the ſaid I. F. and E. F. for them, their heirs, Executors and Adminiſtrators, do covenant, promiſe and grant by theſe preſents, to and with the ſaid I. R. his Heirs, Executors and Adminiſtrators, well and truly to deliver, or cauſe to be delivered unto the ſaid I. R. his heirs or aſſigns, at the now dwelling houſe of the ſaid I. R. ſcituate, &c. with in three years next enſuing the date of theſe preſents, whole, ſafe, uncancelled and undefaced: To have and to hold the ſaid Meſſuage or Inn, called the New-Inn, and all other the premiſſes, with all and ſingular their appurtenances, before by theſe preſents bargained and ſold, or mentioned or intended to be hereby bargained and ſold, and every part and parcel thereof unto the ſaid I. R. his heirs and aſſignes for ever, to the only proper uſe and behoof of the ſaid I. R. his heirs and aſſignes for ever: And the ſaid I. F. and E. F. for them their heirs, Executors and Adminiſtrators, and for every of them, do covenant and grant by theſe preſents, to and with the ſaid I. R. his heirs, executors and adminiſtrators, and every of them in form enſuing; That is to ſay, That they the ſaid I. F. and E. F. or one of them, for and notwithſtanding any act or thing by them, or either56 of them done, cauſed or procured, or by them or either of them to be done, cauſed or procured to the contrary thereof, now are, or is, and at the execution of the firſt eſtate to be had and made of and in the premiſſes, to the ſaid I. R. and his heirs, according to the true intent and meaning of theſe preſents, ſhall then be ſolely ſeized, and very true and lawful owner or owners of the ſaid Meſſuage or Inn, called the New-Inn, and all other the premiſſes before by theſe preſents bargained and ſold, or mentioned or intended to be bargained and ſold, of a good, lawful and indiffeazible eſtate in Fee-ſimple, without any manner of Condition or Limitation of any uſe or uſes, and have now, and at the execution of the ſaid eſtate, ſhall then have good right, full power, and lawful, and abſolute authority to grant, bargain, ſell, &c. Cum, Covenant. pro exonerat. ab Incumbr. et fruitione, And that he the ſaid I. F and his heirs, and all and every other perſon and perſons lawfully having, or claiming to have any manner of eſtate, right, title or intereſt, of, in or to the premiſſes before by theſe preſents bargained and ſold, or mentioned or intended to be bargained and ſold with the appurtenances, or of, in, or to any part or parcel thereof, by, from or under the ſaid I. F. and E. F. or either of them, ſhall from time to time, and at all times for and during the ſpace of five years next enſuing the date hereof, when and as often as they or any of them ſhall be thereunto reaſonably required by the ſaid I. R. his heirs or aſſignes, or any of them, make, do, ſuffer, knowledge and execute, or cauſe to be made, done, ſuffered, knowledged and executed at the coſts and charges in the law of the ſaid I. R. his heirs or Aſſigns, or ſome or one of them, all and every ſuch further lawful and reaſonable Act and Acts, Thing and Things, Device and〈…〉Aſſurance and Aſſurances in the57 Law whatſoever, for the further, better and more perfect aſſurance, ſurety, ſure-making and conveying of all and ſingular the premiſſes, and every part and parcel thereof with the appurtenances to the ſaid I. R. his heirs and aſſigns, according to the true intent and meaning of theſe preſents. Be it by Fine, Feoffment, Recovery, Releaſe, Confirmation with Warranty only againſt the ſaid I. F. and his heirs, or without Warranty, or by all or any of the aforeſaid wayes or means, or by any other lawful or reaſonable wayes or means in the Law whatſoever, without Warranty, or with the like Warranty as aforeſaid, as by the ſaid I. R. his heirs or aſſignes, or any of them, or by his, their, or any of their Councel learned in the Laws, ſhall be lawfully and reaſonably deviſed, adviſed or required: Provided alwayes, and it is Covenanted, Concluded, Conditioned and agreed by and between the ſaid parties to theſe preſents; That if they the ſaid I. F. and E. F. or either of them, their heirs, executors, adminiſtrators or aſſigns, or any of them, do well and truly content and pay, or cauſe to be contented and paid to the ſaid I. R. his Executors, Adminiſtrators or Aſſigns, at the now dwelling houſe of, &c. the ſumme of, &c. of, &c. in form enſuing, &c. without fraud or guile, That then this preſent bargain and ſale, and all and every Covenant, Grant, Article and thing herein contained, ſhall to all effects, purpoſes and Conſtructions, be utterly void, fruſtrate and of none effect, But if default of payment in any of the dayes of payment aforeſaid, in part or in all, contrary to the form above declared, that then this preſent bargain and ſale, and all and every Covenant, Grant, Article and thing herein contained, ſhall to all effects and purpoſes ſtand, remain and abide in it's full force and ſtrength, any thing herein before expreſſed to the contrary thereof58 in any wiſe notwithſtanding. In witneſſe whereof, &c.
A Conveyance of a Mannor.
THis Indenture made, &c. Between R. H. M. his Wife, and I. H. on the one part, and Sir R. D. on the other part, Witneſſeth: That the ſaid R. H. M. his wife, and I. H. for and in conſideration of the ſumme of,Grant of the Mannor. &c. Have granted, aliened, bargained, ſold, infeoffed and confirmed, and by theſe preſents, do joyntly and ſeverally Grant, Alien, Bargain, ſell, infeoffe, and confirm unto the ſaid Sir R. D. his Heirs and Aſſigns for ever, All that the Mannor or Lordſhip of R. in the County of O. with the Rights, Members and Appurtenances thereof: And alſo all and ſingular Meſſuages, Houſes, Edifices, Buildings, Barns, Stables, Dove-houſes, Yards, Backſides, Orchards, Gardens, Lands, Tenements, Meadows, Paſtures, Feedings, Woods, Under-woods, Wood-grounds with the ſoil and ground of the ſame, Timber and Trees, Waters, Water-courſes, Ponds, Pooles,