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A54332 The perfect conveyancer: or, Severall select & choice presidents such as have not formerly been printed. Collected by four several sages of the law. Edward Henden, Knight; late one of the barons of the Exchequer. VVilliam Noy, Attourney Generall to His late Majestie. Robert Mason, sometime recorder of London. And Henry Fleetwood, formerly reader of Grayes-Inne. Wherein are contained many excellent examples and instructions touching the manner and method of conveyances; usefull for all persons, that are professors in the law, and desire to be rightly and judiciously informed. With an exact table for the readers more ready recourse to any the particulars contained therein Henden, Edward, Sir, d. 1644. 1655 (1655) Wing P1479; ESTC R213933 520,918 567

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excepted shall and will from time to time and all times hereafter during the space of c next ensuing the date of these presents upon reasonable request and at the costs and charges in the Law of the said I. F. his Heirs or Assigns knowledge make do execute and suffer or cause to be made done knowledged and suffered all any very such further and reasonable act and acts thing and things devise and devises in the Law whatsoever for the further assurance of the said premises And that if the Recoverer do pay the money according unto the proviso that then the Recoveree will make further ass●rance likewise of these lands or any part thereof according to the purport true meaning of these presents other than the said Manor-house c. And such part and parcel of the said premises as is before bounden and limited out be it by Fine Feoffment c. And further if the said I. F. his c. or any of them shall well and truly content and pay or cause to be well and truly contented and paid unto the said H. P. his Executors c. the said sum of c. according unto the purport and true meaning of the said proviso at the time and place limited for the payment thereof that then the said H. P. his Heirs and Assigns and all and every other person and persons whatsoever any estate interest or thing having or lawfully claiming to have of and in all or to any part of the said Manor Messuages c. before by these presents mentioned to be bounded out shall and will from time to time and at all times after the payment of the said sum of c. according to the said proviso during the space of c. next ensuing such payment at the costs charges in the Law of the said I. F. c. knowledge do make execute c. for the further absolute assurance better surety and surer making and conveying of the said Manor-house Messuages c. before mentioned to be boundent out be it by Fine Foeffment c. ¶ An Indenture to lead the use of a Fine and Recovery THis INDENTVRE Tripartit made c. Between I. G. of c. of the first party R. R. of c. of the second party and T. A. of c. of the third party Witnesseth that for divers good causes and considerations it is covenanted granted concluded condiscended fully agreed upon by and between all the said parties to these presents either of the said parties do by these presents for thē their heirs c. covenant grant conclude condiscend and fully agree to and with th' other their Heirs Executors Administrators and Assigns in manner and form following that is to say that the said I. G. shall and will before the c. next c. at his own proper cost charges in the Law before the Iustices of the Court of Common-pleas at Westminster knowledge one Fine sur cognizance d. dr●it come ceo que il ad d. son done unto the said R. R. and T. B. with Proclamations according to the form of the Statute in such case made and provided in due form of Law to be levied of all that the Messuages c. situat lying and being in the Parish of H. in the said County of K. now in the tenure or occupation of A. T. the younger and sometime were the lands tenements and hereditaments of W. H. deceased by certain names number of acres and quantity of land in the said Fine to be contained By which fine the said I. G. shall acknowledge the said Messuages c. and all and singular other the premises with th' appurtenances to be the right of the said R. R. and T. B. as those which the said R. R. and T. B. shall have of the gift of the said I. G. and the same shall remise release and quit claim unto the said R. R. and T. B. and their Heirs forever which said Fine so to be acknowledged and levied and the execution thereupon to be had and taken and the said Messuages c. shall be adjudged deemed and taken to be and every part and parcel thereof to the only use and behoof of the said R. R. and T. B. their Heirs Assigns for ever and not to any other use And further that the said R. R. and T. B. shall after the said Fine so to be acknowledged and levied permit and suffer the said T. A. party to these presents and I. G. to purchase and sue forth against them the said R. R. and T. B. one Writ of Entry sur disseisin en l' post c. and therby to demand against them the said R. R. and T. B. the said Messuages and all other the premises with the appurtenances by certain names in the said Writ to be contained unto which said Writ so to be purchased the said R. R. and T. B. shall appear gratis and Vouch to warrant the said I. G. which said I. G. shall likewise appear gratis and enter into Warranty plead and after make default and that thereupon judgement shall be given that the said T. A. party to these presents and the said I. G. shall recover the said Messuages and other the premises with the appurtenances against the said R. R and T. B. and that they shall recover over in value against the said I. G. and that he shall recover in value against the Common Vouchee so that a perfect recovery therupon be had And that all the said parties to these presents the said Common Vouchee shall make do and execute all and every matter and thing meer necessary and expedient for the prosecution of the said Recovery according the course of common recoveries with double Voucher in such case used which said Recovery so to be had and executed and the execution thereof shall be and inure to the only use and behoof of the said I. G. his Heirs and Assigns for ever and not to any other use intent or purpose In witnesse c. ¶ An Indenture to lead the use of a Fine only THis INDENTURE made c. Between L. R. of c. of th' one part and W. R. of c. of th' other part Witnesseth that it is covenanted c. by and between the parties to these presents and the said L. R. for her her Heirs Executors Administrators and Assigns doth covenant c. in manner and form following that is to say that she the said L. R. shall and will before the Feast of c. by Fine in due form of Law to be levied in the Court at Westminster before the Justice of the Common Pleas with Proclamations according unto the form of the Statute in that case provided acknowledge all that the Barn c. hereafter mentioned that is to say one Barn c. in W. aforesaid whether more or lesse thereof there be had called and known by the names c. and bounding and abutting in manner
whatsoever the rents due to the chief Lord of the fee excepted Secondly the usual Covenant of further ussurance c. if the Bargainee perform the Condition And lastly the usual Covenant to deliver the deeds and evidences if the Bargainee perform the condition to the Baagainee before or at a day certain Note that these Covenants are not always thus placed but are sometimes transposed and altered as may appear by the Presidents before And Indenture of bargain sale and to lead the use of a fine to be levyed THIS INDENTURE c. Between I. G. c. and I. his wife of the first party I. H. c. on the second party and H. P. c. on the third party Witnesseth That the said I. G. and I. his Wife and I. H. for divers good causes and considerations c. hath granted bargained and sold and by these presents c. unto the said H. P. all those lands c. with all and singular their appurtenances situate lying and being c. commonly known or called by the name of c. containing in all by estimation c. whether more or lesse and all and singular other the lands c. of them the said I.G. I. his Wife and I.H. or either of them in H. aforesaid And further the said I. G. and I. his Wife The usual clause of sale of the deeds which c. with covenant to deliver the to the Bargainee before a day certain and I. H. do by these presents bargain and sell unto the said H. P. the reversion and reversions remainder and remainders of all and singular the said land c. and other the premises with th' appurtenances together with all and singular the Deeds c. concerning only the said lands and other the premises or any part thereof which said Deeds c. or so many of them as they the said I. G. and I. his Wife and I. H. have or either of them hath in their or either of their custody or possession or which they or either of them may lawfully come by without sute in Law the said I. G. for himself and his Wife and the said I. G. for him his c. doe by these presents covenant to and with the said H. P. his Heirs and Assigns well and truly to deliver or cause to be delivered unto the said H. P. his Heirs or Assigns on this side and before the Feast of c. so whole safe uncancelled and undefaced as they are at the time of the delivery of these presents To have c. unto the said H. his Heirs and Assigns for ever to the only use and behoof of the said H. P. his Heirs and Assigns for ever And it is further covenanted granted concluded condescended and fully agreed by and between all the parties to these presents in manner and form following that is to say that they the said I. G. and I. his Wife and I. H. shall and will before the Feast of c. at the costs and charges in the Law of the said H. P. his Heirs c. before the Justices of the Court of Common pleas at Westminster knowledge one Fine sur Cognizance de droit come ceo q'il ad d. son don unto the said H. P. with Proclam according to the Stat. in that case provided in due form of Law to be levied of all and singular the said Lands c. and other the premises with th' appurtenances by certain names number and quantity of Land in the said Fine to be contained By which said Fine so to be knowledged and levied the said I.G. and I. his Wife and I.H. shall acknowledge the said Lands c. and all other the premises before mentioned to be bargained and sold with th' appurtenances to be the right of the said H. P. as these which the said H. P. shall have of the gift and grant of the said I. G. and I. his Wife and I. H. c. and the same shall release and quit claim unto the said H. P. his Heirs and Assigns for ever which said Fine so to be knowledged and levied and the execution thereupon to be had and taken and the said Lands c. and other the premises shall be to the only use and behoof of the said H. P. his Heirs and Assigns for ever and not to any other use or intent Now followeth the usual Covenants that the Lands are and shall be discharged or saved harmlesse from all former bargains incumbrances c. except the Rents c. due to the chief Lord of the Fee and one Lease heretofore made that the Bargainee shall peaceably enjoy without eviction or disturbance c. and lastly the Covenant for further assurance c. An Assignment of a Lease THIS INDENTVRE c. Between E. A. c. of th' one part and W. S. c. of the other part Witnesseth That whereas the Right Honorabfe A. V. M. c. did by Indenture bearing Date c. demise c. unto W. A. all that the Site of the Manor or Farm of P. with the houses c. Recite the Original Lease unto the end of the payments of the Rents with clause of re-entry for non payment of the said Rent as in and by the said Indent amongst other things more at large it doth and may appear The estate right and interest of which said W. A. of in the said Site of the said Manor and other the premises the said E. and E. A. by good and lawfull assurance and conveyance in the Law hath sithence obtained and now hath and holdeth And whereas the said A. V. M. did further by the said recited Indenture make divers and sundry Covenants Grants and agreements to and with the said W. A. his Executors and Assignes Now these presents witnesseth that the said E. A. for the sum of c. to him by the said W. S. before the delivery of these presents well and truly paid whereof the said E. acquitteth the said W. his Heirs c hath given granted assigned and set over unto the said W. S. all the said term of years yet to come and unexpired of and in the said site and other the premises And all the estate right title interest and term of years which the E. A. at the time of the ensealing and delivery of these presents hath yet to come and unexspired of and in all and singular the said Manor Lands c. and other the premises in the said recited Indenture mentioned to be demised with all and singular their appurtenances together with the said recited Indenture of Lease and all such benefit advantage and commodity as the said E. his Executors or Assigns can or may have receive perceive or take by means of the said recited Indenture and demise or by reason of all or any of the Covenants Grants and agreements in the said Indenture contained To have and to hold the said Manor c. and other the premises before
following that is to say that if the said I.G. and I. his wife shall and will on this side and before the feast of c. next ensuing the date of these presents before the Justices of the Court of Common Pleast at Westminster knowledge the Fine Sur cognizance de drt. comeceque il ad de lour done unto the said I.D. and his heirs with Proclamation according unto the form of the Statute in such case had and provided in due form of Law to be levied of all that the c. reciting the particulars and with the same words as in former Presidents for the like cases are mentioned In Witnesse whereof c. An acknowledgement of the receipt of certain moneys due upon the sale of certain lands and a release of the same and of all security taken therefore and a release of all Covenants in certain Indentures with a general release TO all persons c. Know ye that I the said A. have had and received the day of the date thereof of T. D. of c. the sum of c. in full discharge and satisfaction of all such sum sums of money as the said T.D. was to pay unto the said A. for the Manor or Capital messuage of W. in the said County of ● and the lands tenements hereditaments which the said T.D. lately had and purchased of me the said A. as by the assurance thereof made more at large appeareth And I the said A. do by these presents for me my heirs executors administrators and assigns remise release and quit claim unto the said T.D. his beirs executors and assigns the said debt of c. and every part and parcel thereof and all and singular Covenants Recognizances duties and deeds and all other security and assurances whatsoever by him the said T.D. unto me the said A. for the payment of the said sum of c. or for the payment of any part or parcel therof heretofore made acknowledged or given And I the said A. do further for me my heirs Release of Covenants in certain Indent executors administrators and assigns by these presents remise release and quite claim unto him the said T.D. his heirs executors administrators and assigns all and singular Covenants Grants Articles and Agreements on the part and behalf of him the said T.D. his heirs and assigns unto me the said A. mine heirs executors or assigns covenanted granted concluded or agreed upon Release of R●●ogn specified and contained in certain Indentures made between the said T.D. on the one part me the said A. on the other part bearing date c. And also all Becogn of the sums of c. entred into by the said T.D. unto me the said A. and bearing date the c. And all and singular actions judgements executions sutes quarrels debates debts duties and demands whatsoever which I the said A. mine heirs executors and administrators have shall may or ought to have or am or shall be A ge●eral Release in any sort intituled unto in upon or by reason of the said Recogn or of any covenant grant clause article or agreement in the said recited Indenture specified or contained And further also know ye that I the said A. have for the consideration aforesaid remised released and quite claimed and do by these presents for me my heirs execut administ and assig remise release and quite claim unto the said T.D. his heirs exec administrators and assigns all and all manner of actions entries covenants grants agreements Recogn Judgements executions sutes quarrels controversies debates debts duties and demands whatsoever which I the said A. my heirs executors administrators and assigns have may shall or ought to have or am or shall be intituled unto for any cause or matter whatsoever from the beginning of the world until the day of the date of these presents In witnesse whereof c. A Condition that the Obligor was lawfully seised of the premises at the time of granting of the Annuity with other usual clauses conteined in such Grants THe Condition c. That whereas the within named T. P. and I.P. by their Deed Indented beating date with these presents have given granted and by the same their Deed confirmed unto the within named E.H. his heirs and assigns a certain Annuity or yearly rent of c. yearly issuing and going out of the Manor of c. with th'appurtenaces and out of all the lands tenements and hereditaments belonging or appertaining or with the same now or at any time heretofore held occupied or enjoyed sit c. And out of all other Messuages c. whatsoever with their appurtenances of them the said T.P. and I.P. or either of them in R. aforesaid in the said County of K. under a certain condition in the said Deed cont●ined as in and by the said Deed more at large it doth and may appear The usual clause that the grantor is seised of a lawful indefeasible estate in fee in his own right of the premises out of which c. If therefore the said T.P. and I. P. or either of them were at the time of th' ensealing delivery of the said Deed solely lawfully and rightfully seized in his or their demesn as of Fee-simple of a good sure lawfull rightfull absolute and indefeasible estate and of and in all and singular the said Manor c. with th' appurtenances and of and in all other the Lands tenements and hereditaments and all other the premises with th' appurtenances out of which the said Annuity or yearly Rent is mentioned to be issuing And that the said T.P. and I. P. or either of them And that he had lawfull power to charge the same at the time of th' ensealing and delivery of the said Deed had good right lawfull power and authority in his or their own right to charge the said Manor c. and all other the premises with th' appurtenances out of which the said Annuinuity or yearly rent according to the purport of the said Deed is mentioned to be issuing And also if the said Manor c. and all other the premises with the appurtenances and every part and parcel thereof out of which the said annuity or annual rent is mentioned to be issuing Clause that after any default in paymēt the lands shall be over liable sufficient to the distresse c. That the land is shall so continue of the cleer yearly value of c over above all charges reprizes And that the grantee shall peaceably enjoy the rent The usual clause that the premises are acquitted c. or else shal be sufficiently saved harmlesse from all former bargains sales c. shall from time to time and at all times from and any default in payment to be made of the said annuity or yearly rent or of any part thereof at any of the time and times limitted for the payment thereof be overt liable and sufficient to the
times hereafter before the full and perfect execution of such good and perfect estate of the said premises as by these presents are meant to be had made done executed and conveyed unto the said A. L. his Heirs and Assigns shall be had made done committed or executed by the said I. T. I. S. the Father c. or by either or any of them or by the right estate consent means or procurement of them or either or any of them The said old and accustomed rents customs and services before excepted and the said Lease for term of years made unto the said I. L. always excepted Or else if the said I. L. his Heirs or Assigns shall at any time or times hereafter happen to be damnified by reason of the act or acts person or persons aforesaid or every or any of them then the Vendor to make satisfaction as followeth of any the Rents Arrerages Statutes Recog Iudgements Executions Fines Issues Americiaments Intrusions Interests Titles charges or incumbrances last before recited except before excepted That then and so often he the said I. T. his Heirs Executors Administrators Assigns or some of them shall will after such damnification had and sustained within the space of c. next after notice thereof and request therefore to be made to the person of the said I. or of his Heirs Executors or Administrators or else by open publication in the Parish Church of W. in the said County upon some Sunday in the forenoon in the presence of 10 of the Parishioners of W. aforesaid at the least by the said A. L. his Heirs c. or any of them well and truly content satisfie and recompence or pay unto the said A. L. his Heirs and Assigns and his and their or one of their Executors and Administrators or some or any of them at one whole payment at or in the Church Porch of R. aforesaid all such damages as the said A. his Heirs or Assigns thereby or by reason of the same then or before that time shall have sustained or then shall or may thereby sustain And moreover the said I. T. for him his Heirs Executors Administrators and Assigns covenanteth and granteth to and with the said A. L. his Heirs and Assigns by these presents that if the said Freehold and Inheritaace of the said capital House or Tenement and other the premises before by these presents mentioned to be bargained and sold or any part thereof shall at any time or times hereafter happen to be by any former title grown or accrued before the delivery of these presents or by reason of any act or thing had made or done or suffered before the delivery of these presents without fraud or covin on the part and behalf of the said A. L. his Heirs or Assigns or any of them by any lawfull Action Sute Iudgment Execution or Entry lawfully recovered or evicted from the said A. L. his Heirs or Assigns or by any person or persons other then by the said I. T. and I. S. the Father or either of them and other then by the Heirs and Assigns of them or any of them or claiming in by from or under them either or any of them and other then by the Ancestor or Ancestors of the said I. T. his Heirs or Assigns or any of them That then the said I. T. his Heirs Executors Administrators or Assigns shall and will after such recovery eviction or expulsiō within the space of c. next ensuing such notice thereof as aforesaid given well and truly pay or cause to be payed unto the said A. his Heirs or Assigns or his or their or one of their Executors Administrators or Assigns at or in the Porch of the Parish Church of R. aforesaid in manner and form following that is to say so many sums of c. of c. as there shall be acres of the premises before mentioned to be bargained and sold so recovered or evicted as aforesaid except the capital messuage or tenement if the same or any part thereof shall happen to be as aforesaid recovered or evicted or the said A. his Heirs or Assigns to be of the freehold or inheritance thereof as aforesaid lawfully expulsed or evicted the sum of c. of lawfull c. An Indenture to lead the use of a Fine of some part of the premises and to lead the use of a Recovery of the residue the use of some part of the premises to be to the Vendee absolutely and of the residue but upon Condition for the assurance of certain money hereafter to be payed by the Vendee unto the Vendor THis INDENTURE made c. Between H. P. of c. of th' one part and I. F. of th' other par● Witnesseth That for and in consideration of c. And also for divers good causes and considerations hereafter mentioned it is convenanted granted concluded condiscended and fully agreed by and between the parties to these presents and either of the said parties do by these presents for them their Heirs Executors Administrators and Assigns covenant grant conclude and condiscend in manner and form following that is to say That the said H. P. shall before the first day of c. next ensuing these presents at the costs and charges in the law of the said I. F. his Heirs and Assigns before the Justices of Common-pleas at West acknowledge and levy one Fine sur cogniz d. droit com ceo que il ad deson don with proclamations according to the form of the Statute in that case provided That part of the Indenture which is to lead the use of the Fine in due form of Law to be levied unto the said I. F. of all that his house water-mill and parcel of ground containing by estimation one acre situat and being in B. in the said County of S. aforesaid by such number names of acres quantity of land as in the said Fine so to be levied shall be conteined which said Fine so to be levied and the execution thereupon to be had shall be to the only use and behoof of the said I. F. his Heirs and Assigns for ever and not to any other use or uses And further that he said I. F. shall before the first day of c. next ensuing the date of these presents at the costs and charges in the Law of the said I. F. purchase and sue forth against him the said H. P. one original writ of E●tre sur disseisin in l' post retornable before the said Justices of the said Court of Common-pleas That part which is to lead the use of the Recovery to demand against him the said H. all those the Manors Messuages Lands Tenements Meadows Pastures Woods Underwoods Rents Services Hereditaments called or known by the name of B. with the appurtenances situat and being in S. aforesaid and all other the messuages lands tenements meadows pastures feedings woods commons wayes waters rents reversions services Court leets liberties and
Acts Statutes and Proclamations of this our Kingdome as well enacted as hereafter to be enacted shall keep and be obedient according to the forme of the Statute in that case made and provided In witnesse whereof we have caused these our Letters to be made Patents c. A Release of Errors upon a Judgement in Debt In the COMMON PLEAS BEE it known unto all men by these presents That I Sir R H. Knight Serjeant at Law have remised released and forever quite claimed and do by the presents for me my heires executors and administrators remise release and for ever quite claim unto E H. Serjeant at the Law his heires executors and administrators all and all manner of Errour and Errours and also all and all manner of writ or writs and action or actions of errour and errours which I the said R H. my heirs executors or administrators now have or hereafter may have by reason of or upon one judgement now depending and being against me the said Sir R H. in the Court of Common pleas at Westminster of two hundred pounds debt and 40 s. costs damages as by the record thereof being remaining of record in the said Court of Common pleas at Westminster amongst divers other things doth and may more plainly and at large may appear In witnesse whereof I the said Sir R H. to this present writing my hand and Seal have put the 7 day of February in the year of our L. G. c. A Grant of a reversion with a proviso to determine it upon paiment of Money Nota that this grant for seven daies was made on purpose to save a Livery and seisin or other conveyance THis Indenture made c. Between G S. of c. of the one part and A R. of c. on the other part Whereas the said G S. by his Indenture bearing date the 29 of September last past before the date of these presents hath bargained and sold unto T D. of c. one messuage or tenement one Barn with all edifices and buildings whatsoever to the said Messuage or Tenement belonging ●or appertaining and also six pieces or parcels of fresh and sa●t marish conteining by estimation 56 acres with the appurtenances more or lesse s●ituate c. To have and to hold the said Messuage c. and all and singular the said premises with the appurtenances unto the said T D. his executors administrators and assignes from the making of the said Indenture for and during the term and space of 7 daies from thence next comming to be compleat and ended yielding and paying therefore during the said terme one Pepper corne as in and by the said Indenture of demise amongst other things doth and may more plainly and at large appeare Now this Indenture witnesseth that the said G S. for and in consideration of the sum of c. to him the said G S. by the said A R. before the ensealing and delivery of these presents well and truly in hand paid whereof and wherewith the said G S. acknowledgeth himselfe to be fully satisfied and paied and thereof and of every part and parcell thereof by these presents cleerly acquitteth and dischargeth the said A R. his heirs executors and administrators Hath given and granted and by these presents doth give and grant unto the said A R. his heirs and assignes the said one messuage or tenement reciting the parcels and the reversion and reversions remainder and remainders of all and singular the said premises with the appurtenances To have and to hold all and singular the said premises with all and every their appurtenances unto the said A R. his heires and assignes for and only to the only use and behoofe of him the said A R. his heires and assignes for ever Covenant that the Grantor hath full power in his own right to make this grant And that the premises are and shall so continue discharged or else saved harmlesse from all other bargaines sales Feoffments charges forfeitures c. And further that the grantee shall peacebly enjoy without interruption c. Proviso to determine the grant upon the paiment of the sum of c. The usuall Covenant if the mony be not paid of further assurance c. and to deliver the writings concerning the premises within such a time after default in paiment NOTA Upon this Indenture was this indorsement Sealed and delivered by the within named G S. unto the within named A R. in the presence of c. Also the within named T. D. lessee of the premises within mentioned The forme of an A●tornment indorsed upon the de●d after the ensealing and delivery of these presents the said 24th day of September in the yeare of our Lord God c. within mentioned did attorn unto the within named A R. upon the within mentioned grant of the said premises by the said G S. unto the said A R. made according to the forme and effect thereof by the paiment of six pence of lawfull mony of England in the name of Attornement in the presence of c. Memorandum That a Free simple may be thus conveyed and an absolute estate of inheritance passe without either Fine Feoffment or bargaine and sale And this was done by the advise of E. Henden Serjeant at the Law for M. A R. Condition of a Bond for performance of Covenants THe Condition of this Obligation is such that if the above bounden G S. his heires executors and assignes and every of them do from time to time and at all times hereafter well and truly observe perform fulfill and keep all and singular the Covenants grants articles provisoes and agreements which on his and their part and behalfe are to be observed performed fulfilled and kept conteined specified and declared in one pair of Indentures bearing date with these presents made between him the said G S. of the one part and the said A R. on the other part according to the purport effect and true meaning of the said Indenture That then this present Obligation to be void or otherwise to stand remain and be in his full force power and vertue A Warrant to the Bayliffe of a Mannor for summoning of Tenants to hold a Court Baron THese are to will and require you that forthwith upon the receipt hereof you give notice and warning to all the Tenants of the said Mannor of S B. that they make their personall appearance Mannor de South Bockland at the said Court Baron to be holden at the said Mannor on Tuesday the sixteenth day of Aprill next ensuing by nine of the Clock in the forenoon of the same day then and there to pay their severall Rents and do all such sutes and servises as their severall tenures do require And that you your selfe be then and there present and there make returne of all the Tenants names belonging to the said Mannor in writing and also of this warrant And hereof faile not at your perils Dated
and seales To one other part of the said Indentures remaining with the said H. B. and A. S. the said Sir W. B. and N. S. have set their hands and seales And to one other part of the same Indentures remaining with the said Sir W. B. the said N. S. H. B. and A. S. have set their hands and seales Given the Day and Year first above writen c. ¶ An Indenture of Covenants to levy a Fine and suffer a Recovery for increase of a Joynture THis INDENTVRE quadrupartice made c. Between Sir W. B. of D. in the County of B. Knight Lady Mary his Wife and H. B. Esquire their Son and Heir apparent of the first party N. S. of London Esquire of the second party Sir H. M. of Little E. in the County of E. Knight W. G. of VVestm in the County of M. Esquire R. B. Citizen and Grocer of L.VV.G. and J.J. of Lond. Esq For and in consideration of part of performance and accomplishment of Articles agreements made between Sir W. E. and N.S. the 6. of M. for the assurance and increase of a Joynture for the Lady M. in case she sutyive Sir W.B. And afor and in consideration of a Marriage to be had between H. B. and A. S. onely Dughter of N. S. In recompente of Joynture and Dower of the third party and G.S. of London Gent. and S. M. of the fourth party witnesseth that for and in part of performance and accomplishment of the Covenants and agreements comprized and contained in one pair of Articles of agreement indented had made and concluded upon the sixt day of M. last before the Date hereof made between the said Sir VV. B. of the one party and the said N. S. of the other party and for further assurance and increase of a Joynture unto the said Lady Mary in case she shall happen to survive the said Sir VV. B. her now Husband And for and in consideration of a marriage shortly hereafter by the grace of God to behad and solemnized between the said H. B. and A. S. now the onely Daughter and Heir apparent of the said N. S. And for and in full satisfaction and recompence of such Joynture and Dower as she said A. shall or may have or challenge out of in or to all or any of the Manours Lands Tenements and Hereditaments of him the said H. B. in case the said A. do survive and outlive the said H.B. And for the continuance of the Manour Lordship Lands Tenements Hereditaments hereafter mentioned in the name blood and kindred of the said Sir W. B. and of the said H. B. his said Son and Heir apparent so long as it shall please Almighty God And for other considerations the said Sir W. B. doth Covenant with the said parties to these presents That he the said Sir W. B. for him his Heirs c. doth Covenant c. to and with the said N. S. his Heirs c. That he the said Sir W. E. the L. Mary his Wife and H. B. at or before the c. now next ensuing the date hereof shall will by Fine or Fines in due forme of Law in the Court of Common Pleas at Westm there to be recorded with Proclamations according to the Stature convey and assure unto the said G.S. and S. M. and their Heirs all the Manour and Lordship of D. and Capital Mestuages with all the rights members and appurtenances therof in the County of B. with all land meadowes pastures feedings c. And for divers other good and reasonable causes and considerations him the said Sir VV. B. to these presents especially moving It is Covenanted granted concluded and sully agreed by and between the said parties to these presents in mannet and form following that is to fay the said Sir VV. B. for him his Heirs Executors and Administrators doth covenant promise and grant by these presents to and with the said N.S. his Heirs Executors and Administrators That he the said Sir VV. B. the Lady Mary his Wife and the said H. B. at or before the c. now next ensuing the Date of these presents shall and will by Fine or Fines in due form of Law to be levied in the Court of Common-Pleas usually holden at VVestm ' there to be recorded with Proclamations according to the Stat or one of them in that behalf made and provided in such sort as is commonly used in the same Court convey and assure unto the said G. S. and S. M. and their Heirs or to the Heirs of one of them All that the Manour and Lordship of D. c. and Capital Messuage c. with all the rights members and appurtenances therof in the said County of B. and all lands meadowes pastures feedings moores marshes fenny grounds and hereditaments to the said Capital Messuage belonging or appertaining or therewith used occupied or enjoyed Advowson donation gift free dispontion and right of patronage of the Rectory and Parish-Church of D. aforesaid with all lands and meadowes pastures c. called or known by the name of c. And all the Copyholds and customary Mestuages and Tenem parcel or holden of the said Manour of D. And also all the Advowson Donatiou gift free disposition and right of Patronage of the Rectory and Parish Church of D. aforesaid in the said County of B. And all those meadows lands pastures woods and hereditaments called or known by the name of c. And all Messuages Granges Milnes Lands Tenements Meadowes Feedings Pastures Commons Wastes Woods and Underwoods to the said Manour belonging or appertaining and the soyle and ground of the said Woods and Underwoods And all the Copy-hold and customary Messuages Lands and Tenements parcel or holden of the said Manour of D. And all rents and services as well of Free-holders as of Copy-holders and all other Rents reserved upon all and every Grant and Grants Demise and Demises made of the premises or of any part or parcel therof and all and every their or any of their Reversion and Reversions of the said premises or any of them And all other commodities profits emoluments and hereditaments whatsoever with their appurtenances scituate lying and being in D. aforesaid in the said County of B. or elsewhere within the Common-wealth of England to the said Manour Lorship Capital Messuages and premises or any of them belonging or in any wise appertaining or as part parcel or member of the said Manour Lordship c. and other the premises or any of them at any time heretofore had known accepted used demised letten or reputed Court Barons Court Leets c. And all and all manner of Court Barons Court Leets views of Frank-pledges Law-dayes perquisits and profits of Writs All perquisites and goods of Felons c. and all that to any such Courts which do or may belong or appertain goods and chattels wayved goods and chattels of Felons and Fugitives Felons of themselves and put
same writing indented if such shall be found upon the said search view and value after the rate of two years value And also as much money as the said T. R. or any other to his use shall perceive and take of the said Manors Lands and Hereditaments being of the inheritance of the said Coheirs left out and omitted in the same writing indented if any such shall be found upon the said search view and value of the Manors c. shall happen to descend revert remain or come to them before they come to and be of their several ages of c. and the sald T. R. covenanteth and granteth for him and his Assigns by these presents that the said T. R. and his Assigns shall not only bring up and entertain the said Coheirs But also as much as in him and them lyeth shall save and defend all the Manors c. of the said Coheirs from all unlawfull intrusions incroachments wastes decayes spoils disorders or expelling of Tenants and imbesilling withdrawing concealing or misusing of evidences and writings concerning the inheritance of the said Co-heirs and if at any time hereafter during the said grant any unsawfull intrusion encroachment wast decay spoil disorder or expelling of Tenements to be done or made upon any part or parcel of the said inheritance or if any evidences mi●●ments or writing concerning the said Inheritance be imbezelled withdrawn or misused to the knowledge of the said T.R. or his Assigns that then the said T.R. his Executors or Assigns forthwith after the knowledge thereof had shall certifie the same to the said Master and Councel for time being and receive and prosecute forth their order for the reformation thereof to and for the advancement of c. his interest and right and for the preservation safegard and tuition of the inheritance of the said Co-heirs And further if at any time hereafter during the minority of the said Co-heirs or before their livery or ouster l' mains be prosecuted and had out of the hands and possession of the said c. or of his Heirs and Successors it shall fortune any Manors c. whatsoever to descend and grow to the said Co-heirs in possession or reversion or by any other ways or means which be not known to the said Master and Councel to be descended at the making hereof That then the said T.R. his Executors or Assigns within one half year next after any such descent fallen or happen shall certifie the same to the said Master and Councel for the time being 〈◊〉 they may have sure information thereof as well for the preservation of the right and title thereof to the use of the said Co-heirs and for the good order and custody of the same during their minorities and for the true and just answering of all such rents and profits as shall be found due and payable in the said Court upon any such descent And if any Church belonging to the Patronage of the said Co-heirs happen to be void before they come and be of their full ages of c. That then the said T. R. or his Assigns shall within one moneth next after knowledge to him had of any such descent or vacation give knowledge thereof to the said Master and Councel as the said c. pleasure may be known for the order and disposition of the same Provided always and the said T.R. covenanteth and granteth for him and his assigns shall give grant bargain and sell this grant or the custody of the said Co-heirs to whom the inheritance may descend or revert nor to any person or persons without knowledge or agreement of the said Master and Councel for the time being nor shall dispose in Mariage or by any perswasion induce the said Heirs to marry where any case of disparagement is or other detriment annoyance or disorder may arise and appear contrary to the order of the Law Neither also shall sequester demise limit or grant the said yearly allowance before set forth for the education and exhibition of the said Co-heirs to any other use intent or purpose than towards the said education during the said grant And moreover also the said T.R. Covenanteth and granteth for him and his Assigns by these presents that he the said T.R. or his sufficient Deputy or Attorney shall within two moneths next after the delivery of the Bill of the grant of the Wardship signed by c. and delivered to the Clark of the said Court of Wards prosecute forth Letters Patents under the Great Seal of England and after th' ensealing thereof bring the same Patent within the said time to the Auditor General of the said Court to be inrolled and upon the inrollment thereof demand and take the same Patent within the same time from the said Auditor after the said inrollment In witnesse whereof c. An Indenture of exchange of Lands THIS INDENTURE c. Between R.D. of c. on th' one part and R.H. of c. on th' other part Witnesseth that it is Covenanted condescended and agreed between the said R. D. and R.H. and the said R.D. and R.H. for them and their Heirs do covenant condescend and agree the one with the oter their several Heirs and Assigns by these presents in form following that is to say that he the said R.H. hath given granted and by these presents confirmed to the aforesaid R. D. his Heirs As for ever in free and liberal exchange all that c. called or known by the name of G. with the appurtenances conteining c. lying c. To have c. the aforesaid c. with the appurtenances in exchange as is aforesaid to the aforesaid R. D. his Heirs and Assigns for ever In consideration of which grant gift and exchange the aforesaid R.D. hath likewise given granted and by these presents confirmed to the aforesaid R. H. his Heirs and Assigns for ever in free and liberal exchanges all that c. with the appurtenances called c. conteining in the whole c. lying c. To have c. the aforesaid c. with their appurtenances in free and liberal exchange for the same parcel and pasture called G. to the aforesaid R.H. his Heirs and Assigns for ever And the said R. D. for himself his Heirs Executors and Assigns doth covenant and grant by these presents to and with the said R. H. his Heirs Executors and Assigns that he the said R.H. his Heirs and Assigns shall and may for ever hereafter have hold and quietly enjoy the aforesaid Land or Meadow called E. with the appurtenances and every part thereof without any charges and incumbrances formerly had Mutual Covenants by the Exchangers that the land if free from all charges or inbrances made or suffered by the said R.D. and by I.D. Brother of the said R. or any of them or by any other person or persons any estate or title having or claiming therein by from or under them or any of them and the
assigns shall and may have hold keep and retain in his and their hands to his and their proper use and behoof without any accompt or other thing therefore unto me the said R. W. my executors or administrators Giving and granting unto my said Attorney full power and authority to do and execute all and every act and acts thing and things touching or concerning the said premises in as large and ample manner to all respects as I the said R. can or might make doe or execute if I were personally present at the doing thereof In witnesse whereof c. An Assignment of a Bond by Deed Poll together with a Letter of Attorney irrevocable and usual covenants for the same TO all persons to whom this present Deed Poll shall come R. H. of c. sendeth greeting Whereas A.M. of c. I.W. of c. and R.C. of C. aforesaid did by their Obligation bearing date c. become joyntly and severally bound unto the said R. H. in the sum of c. and the condition of the Obligation was that if the said A. M. his heirs executors administrators or Assigns or any of them did well and truly satisfie content and pay or cause to be satisfied content and paid to the said R. H. c. reciting the whole condition as in and by the said obligation and condition thereof more at large appeareth And whereas the said sum of c. in the condition of the said Obligation specified is not paid unto the said R. H. according to the effect of the said condition Now know ye that the said R. H. for and in consideration of the sum of c. unto him the said R. by P. M. of c. in hand paid and for divers other good causes and considerations him thereunto especially moving hath granted assigned and set over and by these presents doth grant assign and set over unto the said P. M. his executors and assigns the said Obligation and all sums of money therein contained together with all such benefit and commodity as the said R. H. his executors or Administrators can or may take or receive thereby And further the said R. H. doth by these presents The Letter of Atrorney constitute and in this place appoint the said P. M. to be his lawfull Attorney Irrevocable for him and in his name to ask levy receive recover take and have of the said A.M. I.W. and R. C. or either of them or of the heirs executors administrators or assigns of them or either of them all and singular the said sum or sums of money in the said obligation or condition thereof specified and contained and the same to receive keep and detain to the proper use and behoof of the said P. M. his executors and administrators without any accompt or other thing therefore yeelding rendring or paying unto the said R. H. his executors administrators and assigns and in default of payment of the said sum or sums of money to arrest sue or implead at the costs and charges in the law of the said P. M. his executors or assigns the said A. M. I. W. and R. C. or either of them upon the said Obligation in any sute or plaint in any Court or Courts within the Commonwealth of England for and in the name of the said R. H. his executors or administrators and judgement and execution thereupon to take and have and Attorney or Attorneys for in or concerning the said premises or any part thereof for or in the name of the said R. H. his executors or administrators to make constitute ordain or appoint and them also at his and their will and pleasure to alter revoke change and remove And further to make do execute and commit or cause to be made done executed and committed in the name of the said R. H. his executors or administrators all and every matter and thing act and acts whatsoever meet necessary expedient or convenient for the recovery levying having or execution making taking or having of all or any of the sum or sums of money mentioned or contained in the said Obligation and judgement thereupon to be given or either of them And all and singular such sum and sums of mony or other thing as he the said P. M. his executors administrators or assigns shall by reason of the said Obligation and judgement or execution thereupon to be had made or taken have take levy or receive in the name of the said R. H. his executors or administrators And the said R. H. doth for him his executors administrators and assigns Covenant and grant Covenant that the Assignee shall have the mony to his own use without accompt ●ender c. to and with the said P. M. his executors and administrators that it shall and may be lawfull to and for the said P. M. his executors administrators and assigns to have take retain keep and enjoy all or any of the said sum or sums of money mentioned or contained in the said obligation and judgement thereupon to be given or either of them to his and their own use Allowance of all Acts done by the Assignee c. in the name of the Assignor at his costs and charges without any accompt or other thing therefore to be yeelded rendred or given ratifying and allowing confirming and avowing all and every matter and thing act and acts whatsoever which the said P. M. his executors administrators or assigns or any of them shall at his and their costs and charges do execute or commit or cause to be done executed or committed in the name of the said R. H. his executors or administrators in about Covenant that there is no act done nor shall be done whereby to frustrate this grant of assignment touching or concerning the premises or any part thereof And the said R.H. doth for him his heirs executors administrators and assigns and every of them covenant and grant to and with him the said P. M. his Executors administrators and assigns in manner and form following that is to say that neither the said R.H. nor any other pers or pers by his or their consent privity or procurement already hath not made done executed or committed nor that he his heirs executors administrators or assigns or any of them nor any other person or persons by his or their procutement shall or will at any time or times hereafter make do execute or commit or cause to be made done executed or committed any act or acts thing or things whatsoever whereby the said Obligation or all or any of the sum or sums of money therein conteined or any action or act sute or sutes plaint or pl. commenced or to be commenced thereupon or any judgement or judgements thereupon hereafter to be given now be or at any time hereafter shall be released discharged discontinued nonsuted disallowed or otherwise hindred or made void or frustrate or whereby the said P. M. his executors administrators or assigns in the name of
such Issues Fines Amerciaments and Collections sum and sums of money as shall at any time arise grow or accrue unto me the said G. within all or any of the said Liberties within the said County of York Giving also by these presents full power and authority to the said Edward Henden to substitute make appoint or nominate any sufficient Deputy or Depaties for the receiving collecting or levying of any the said Fines Issues Amerciaments sum or sums of money or for the due execution of the same in as large and ample manner as if he the said Edward Henden were present in person for the acting or doing thereof Ratifying and establishing by these presents all and all manner of act and acts thing and things whatsoever the said E.H. his Deputy on Deputies or any of them shall do herein In witnesse whereof I have hereunto put my Hand and Seal dated at Lambeth the 17 day of May in the 7 year of c. ¶ An Indenture declaring the use of a Fine before levied THis Indenture made c. Between Edward Henden Serjeant at Law of th' one part and Sir Francis Harvy Knight one of the Justices of the Court of Common-pleas I. H. of H. in the County of Middlesex Esquire and E. his Wife on the other part Witnesseth That whereas the faid Edward Henden hath heretofore in the term of Saint Hillary last past before the date of these presents levied one fine in due form of Law unto the said Sir F. H. I. H. and E. of all that the Manor of W. with their appurtenances reciting the other Lands if any were The which said Fine was levied by such names number of acres and other particulars in the said Fine contained as by the said Fine reference being thereunto had doth and may more plainly appear Now this Indenture witnesseth that the use and uses intent and purpose of the said Fine is and is by these presents by the said E. H. declared limitted and appointed to be to the use and uses intents and purposes hereafter in these presents limitted and appointed and to no other use or uses intent and purposes whatsoever That is to say all and singular the said Manors Lands and Tenements with all and every of their apurtenances in the said Fine comprized to the use and behoof of c. and so declare the uses as they are limitted and expressed And the true intent and meaning of the said Fine further is and by these presents is declared to be to the intent and purpose that he the said I. H. brother of the said E. party to these presents and Susan his Wife shall and may have and perceive for and during the term of their naturall lifes and the longer liver of them one Annuall Rent of the sum of c. one hundred pounds of lawfull money to be issuing out of the said premises yearly at the Four usuall Feasts and Terms of the year and to begin at the first of the said Feasts which shall be next after the decease of the said E. H. party to these presents And is the said rent or any part thereof be behind that then they the said I. and S. shall distrain in the said premises or any part thereof as for a rent-charge And also they the said I. H. and S. shall have and enjoy one Messuage with all the lands of inheritance therewith used situate in B. in the said County of K. wherein Doctor K. doth dwell and was late in the occupation of N. I. for and during their naturall lives and the longer liver of them Here followeth a Proviso to revoke the uses before limited In witnesse whereof sampc A particular Release of a Viccaridge and all claime thereunto together with a generall Release of all actions and su●es whatsoever TO all Christian people to whom this present writing shall come I S. of London Doctor in Divinity sendeth greeting in our Lord God everlasting Know ye that I the said I S. have remised released and forever quite claimed and do by these presents for me my heires executors and assignes remise release and quite claime unto H G. of the Parish of St James Clarkenwell in the county of Middlesex Clerk all my right title claime interest and demand whatsoever which I the said I S. have may might or ought to have or shall have of in or to the Rectory and Viccaridge of St James Clerken well in the County of M. or either of them or of in or to the Parsonage or Viccaridge of St I C. aforesaid which all and all manner of Tithes and other their appurtenances whatsoever to the said Rectory and Viccaridge or either of them in any wise appertaining and also all actions sutes debts duties and demands for any cause matter or thing whatsoever from the beginning of the world untill the day of the date hereof So as I the said I S. and my heirs and all person and persons claiming by from or under me shall not neither may have challenge or claime to have any right title interest or demand in or to the said Rectory and Viccaridge or other the premises with the appurtenances or either of them but from the same and every part and parcell thereof and from all actions sutes and demands whatsoever as aforesaid shall be cleerly and absolutely excuded and debarred by these presents In witnesse whereof I the said I S. have unto this my present writing set my hand and seal dated the first day of November in the yeare of our Lord God c. A Letter of Attorney to receive money upon a Bond. TO all people to whom this present writing shall come R N. of B. in the County of K. Yeoman and Anne his wife send greeting in our Lord God everlasting Whereas V W. of the City of Chester Alderman by his Obligation bearing date the 26 day of November 1650 is and standeth bound to the said Anne by the name of Anne Hamblet of Hackney in the County of Middlesex Spinster in the sum of 18 l. of lawfull money of England with condition to pay nine pounds of like money in Watlingstreet in London on the second day of February next comming after the date of the said Obligation as by the said Obligation and Condition may more at large appear Know yee that we the said R N. and A my wife for divers good considerations us hereunto moving have made ordeined and in our stead and place put and constituted and by these presents do make ordeine and in our stead and place put and constitute our well beloved friend I C. of L. in the County of S. Gent. to be our true and lawfull Attorney Deputy or Assignee in our name and to our use to ask demand levy sue for recover and receive by way of composition or otherwise howsoever of the said V W. his executors administrators or assignes the said sum of nine pounds in the said condition of the said Obligation mentioned and all other
grant by the Stewards of liberties to certeine persons to be their Bayliffes and to collect all issues Fines and amerciaments c. TO all Christian people to whom this present writing shall come T D. of Graies Inn in the County of Mid. Gentleman and W B. of H. in the County of York Gent. sendeth greeting in our Lord God everlasting Whereas George c. by his Indenture bearing date c. and signed by him the said I and under his seale hath granted the Stewardship of all and singular his liberties within the County of York together with all and singular the appurtenances thereto belonging unto the said T D. and W B. for the term of their naturall lives and the longer liver of them as in and by the said Indenture remaining of Record in the Court of Exchequer amongst other things it doth and may appear Now Know ye that we the said T D. and W B. for divers good causes and considerations us thereunto especially moving have authorized nominated deputed constituted and appointed and do by these presents authorize nominate constitute appoint our well beloved W A. and W C. within the said County of York my Bailiffes of all and singular the said Liberties of the said G. c. within the said County and to execute the Office of Bailiffes within the said Liberties and to receive collect and gather all and every such issues Fines amer●iaments sum and sums of money as shall at any time arise grow due or accrue unto the said G. c. or unto us the said T D. or W B. within all or any of the said Liberties within the said County of York the said W A. and WC giving unto the said G. a just accompt of all such sum or sums of money which they or either of them shall so receive within three moneths after they have received the same and to doe and perform all and every such other thing and things whatsoever belonging and appertaining to the Office of Bayliffs within the said liberties ratifying and establishing by these presents all and all manner of lawfull and reasonable act and acts thing and things whatsoever as they the said W A. and WC shall do in the premises within the said Liberty as aforesaid or for the due execution of the same in as large and ample manner as if we the said T D. W B. were present in our persons for the acting or doing thereof In witnesse whereof we the said T D. and W B. have hereunto put our hands and seals the 18 day of July in the yeare of our Lord God c. A bargaine and sale to the c. of a Prebend c. THis Indenture made the c. Between c. on the one party and Sir I M. Knight on the other party Witnesseth That the said Sir I M. Knight for certaine causes and considerations him especially moving hath bargained sold given granted and assured and by these presents doth fully and clearly bargaine sell give and grant unto c. all that his Prebend of T. in the County of S. with all and singular his rights members and appurtenances And also the advowson gift presentation collation and right of patronage of the same prebend which said prebend the said Sir I M. lately had to him and his heires for ever of the gift and grant of c. as by his Letters Patents thereof made under the Great seale of England bearing date c. to the said Sir I M. amongst other things more plainly appeareth And also all and singular his Lordships Mannors Messuages Houses Buildings Lands Tenements Meadowes Leases Pastures Rents Reversions Services Woods Underwoods Personages Chappels Advowsons Glebelands Tithes Oblations Obventions Pensions Portions Fruits Profits Commodities Emoluments and Hereditaments whatsoever with their Appurtenances whatsoever A bargain and sale of the rents reserved upon any Leases or grants of the premises together with the deeds and evidences as well spirituall as temporall of what kind or nature sover they be or by whatsoever names they be called or known set lying and being comming growing or renewing in the Towns Fields Parishes or Hamblets of T and R. in the said County of S. and in I. in the County of W. and elsewhere in the said Counties or in either of them or within the Realm of England in any manner of wise belonging or appertaining And further the said Sir I M. by these presents bargaineth and selleth unto our said Soveraigne Lady all the rents and the yearly profits whatsoever reserved upon all Leases or grants made of the premises or of any part or parcell thereof together with all and al manner of Letters Pattents Deeds Evidences Charters Court-Rols Terrets Es●ripts Covenant by the bargainer to deliver the evidences which he hath or may have without sute in law into the Exchequer or other place assigned by the Officers of that Court before such a day Indentures Leases Writings and minuments concerning only the said Prebend Lordship Mannor Messuages Lands Tenements and other the premises or only any part or parcell thereof and as many of the same Letters Patents Evidences Deedes Charters Court-Rols Rentals Terrers Es●ripts Indentures Leases Writings and minuments as now be in the hands or custody of the said Sir I M. or of any other person or persons to his use and which he may conveniently get or come by without sute in Law for the same Sir I M. Covenanteth and granteth by these presents to deliver or cause to be delivered into the Court of Exchequer or to such other place or places as by the Treasurer and Barons of Officers of the said Court of Exchequer or any of them shall be appointed to the use of c. at or before the Feast of Easter next comming after the date of these presents And also all and singular other evidences writings and minuments concerning only the premises or only any part or parcell thereof which at any time after the said Feast shall chance to come to the hands or possession of the said Sir I M. or his heirs the same Sir I M. covenanteth and granteth to and with c. by these presents to deliver or cause to be delivered into the said Exchequer or into such other place as shall be appointed in form aforesaid to the use of c. from time to time as the same shall chance to come to the hands or possession of the same Sir I M. or of his heires To have and to hold the said Prebend The usuall Covenant that the bargainer is true owner in fee simple and had full power to sell the premises Lordship Mannor and all and singular the said messuages lands tenements Meadows pastures Leases rents reversions services advowsons and other the premises with all and singular their appurtenances to c. and assignes for ever to the only use and behoofe of the said c. and assignes for ever And the said Sir I M. Covenanteth and granteth to and with
the land be not passed before the day then they to stand to the uses before declared their heires c. and either of them for and by himselfe his heires c. do and doth in consideration of the said Marriage and for and in consideration of the said naturall love good will zeale and fatherly affection which the said W M. hath and beareth towards the said E M. and for the conveying and assuring of the said Jointure and for the establishing setling and assuring of the said Messuages Lands and Tenements cum pertinentiis to the severall uses behoof and purposes before herein expressed and declared and for and in respect of divers other good causes and considerations them especially moving grant covenant and promise to and with the said E M. his heires c. That if or in case the said Messuages Lands and Tenements or any part or parcell thereof shall happen not to be by good and sufficient conveyance and assurance in Law sufficiently conveyed passed and assured to the uses intents behoofs and purposes aforesaid within the space of c. next ensuing the Date hereof That then and from thenceforth the said W. and E M. and either of them and their heires and assignes and the heires and assigns of either of them and all and every other person and persons that then shall stand and be seised of and in such and so many of the premises as shall not be sufficiently and perfectly conveyed passed and assigned to the uses aforesaid shall stand and be thereof seized to such severall uses respects purposes limitations and intents and under such provisoes and conditions as are before by and in these presents limited expressed appointed and declared for and touching the same according to the true meaning of these presents * Proviso that if E. dy before she be aged 24 years without issue living or if it be alive and live not till shee should have been aged 24 yeares if shee had lived then the estate to be void and they to stand se●zed to the use of E M. till W M. pay him 500 l. then the Estate to be to the use of W M. and E M. for her join sure Provided alwaies a ditis granted concluded condescended determined and agreed by and between the said parties to these presents for themselves their heires c. And it is also their full meaning agreement purpose and intent That if the said E. shall happen to decease and depart this life before her full age of 24 years without any issue of her body of and by the body of the said E M. lawfully begotten then living or in case she have the issue living if the same issue happen to decease and depart this life before such time as the said E. if she had lived should have accomplished the said age of c. That then and from thenceforth the uses before herein declared and expressed for and touching the said Messuages Lands and Tenements cum pertinentiis by and in these presents limited and appointed tobe conveyed to and for the Jointure of the said E. shall utterly cease determine and be void to all intents and purposes And that then and from thenceforth and at al times after the said estates feoffment conveyances and assurances for and touching the said Lands and Tenements cum pertinentiis shall be and shall inure and the said Person or persons to be named and appointed as aforesaid and his or their heires and assignes shall stand and be thereof seized to the use and behoof of the said E M. and his heires untill the Feast of c. that the said W M. his heirs c. shall well and truly pay content and satisfie unto the said E M. his c. at his now dwelling house s●ituate c. the sum of c. without fraud or covin and that from and after such paiment the same appointed estates feoffments conveyances and assurances for and touching the premises limited and appointed to and for the Jointure of the same E shall be and the said person and persons to be nominated and appointed as aforesaid and his and their heirs and assignes shall stand and be thereof seized to the use and behoof of the said W M. and E M. and their heirs and assignes for ever Anything in these presents contained or to be contained in the same estates feoffments conveyances and assurances or any of them to the contrary thereof in any wife notwithstanding Provided alwaies Proviso that if any of the Feoffees do any act to hinder the estates then the estate of them so attempting shal go to the other Feoffees and it is neverthelesse fully concluded condescended and agreed by and between the said parties to these presents and every of them That if the said V G. W. G. and R G. or any of the heires of the body of the said E M. lawfully begotten shall at any time or times hereafter willingly advisedly or actually attempt or go about to commit or do or cause to be done any act or acts thing or things whatsoever of the said Mannors c. to be assured or conveyed or any part or parcell thereof whereby or by means whereof any estate use or possession above in these presents limited or expressed for any of them shall or may be in any wise discontinued impeached charged hindered cut off barred or extinguished contrary to the intent and true meaning of these presents except such act and acts thing and things as are in or by these presents mentioned licensed limited or permitted and except the lawfull and reasonable Dower of such woman or women as are or shall be his or their lawfull wife or wives That then immediately and from and afterevery such attempt of the said V G. W G. or R G. or any of them or any of the heires males aforesaid the estate use remainder and possession of such of them as so shall willingly advisedly and actually attempt go about doe commit or cause to be done any such act or acts thing or things shall cease and determine of and in and for such part onely of the said Mannors c. whereof any such attempt or going about shall be had or made as is aforesaid as though such person or persons so attempting or going about were naturally dead and that yet neverthelesse all other several uses estates and remainders now by these presents limited and expressed of and for the same shall stand and be of and in the same and in the like sort as if such person or persons so attempting or going about were dead And that then and from thenceforth the said conveyance and assurance shall be and the said Feoffees and their heirs and all other persons to whom any such conveyance or assurance as is aforesaid shall be had or made and their heires shall stand and be seized of for and concerning so much and such parcell onely of the said Mannors c. so to be conveyed and
to have continuance during the terms thereof and so that no such lease be made without impeachment of waste by reason of any expresse words to be contained in the same And it is condescended concluded and agreed upon by and between the said parties to these presents and every of them * That it shall be lawfull for the Feoffees to distraine if the rent be unpaid That the conveyance and assurance and the said Feoffees and their heires shall stand and be seised of and in the said Mannors c. so to be charged eased and demised to the use intent and purpose That every such person to whom any such grant or rent shall be made their heirs and assignes shall and may from time to time for non-paiment of the said sverall rents enter into the said Lands and Tenements so to be charged and distraine for the same and the arrearage thereof as in case of a rent-harge and also to the intent and purpose that every such demise and Lease shall be good and effectuall in Law according to the purport and effect thereof So as the Leassees and their assigns do from time to time and all times pay the rent and doe the service reserved thereupon That it shal be lawfull for V G. to revoke the uses and perform the Covenants contained in the same Lease Any thing herein outained c. notwithstanding Provided alwaies that the said V G. shall and may by the license and assent of the said E M. under hand and seale of the same E M. or his heirs first had and obtained in writing alter hange repeale and revoke the user or limitation before-mentioned or any of them and by the same or afterwards by any other con eyan●e limit or appoint such part of the said Mannors c. whereof of any such li●ense shall be had and procured to be to such uses and of and for such Estates and for such person and persons and his or their heires as the said V G. shall by writing Inden●ed sealed with his seale and tubs ribed by him in the presence of three witnesses at the least shall de lare limit or appoint And it is agreed by and between the said parties to these presents that the said con●eyan●es shall be and the said Feossees and their heires after such li ense had and ob●eined and such declaration limitation and appointment had and made to such uses and intents of such Estate and Estates and of such Per on or Persons as by the said V G. shall be declared limited or appointed in manner and form aforesaid Provided that the said signification or declaration or any thing before expressed touching or concerning the altering changing repealing or revoking of the said uses or any of them or the said premises or any part thereof not withstanding that yet neverthelesse all and every demise and demises Lease and Leases in manner and form aforesaid to be made shall stand and remain and be in the severall force strenghts and effects according to the true intent and meaning of the said demise and Lease Any thing sc not withstanding Proviso that it shall be lawfull for S. t. grant the Lands to any body till R S pay him 200l Provided alwaies and it is granted covenanted and agreed by and between the said pa●ties to these presents for themselves and their heires That it shall and may be lawfull to ●nd for the said S. at all or any time or times hereafter during his ●●e a●d pleasure either by his last Will and Testament in writing or by his Deed or Deeds in writing under his hand and seale to give grant assigne de●ise dispose or appoint the said Messuages Lands Tenements Farms and Takings or any part or part o●parcell thereof except unto any person or persons or his or their heirs Execurors or assigns shall or may have take receive or leavy of the rents issues and profits such sum or sums of mony as shall not in the whole exceed or surmount the sum of 200 l. or else untill such Feast of c. in the which R S. the Son or the heirs male of his body lawfully to be begotten and for default of such issue untill the heir of the said R S. the Father shall or will truely content and pay unto the said person or persons or his or their heirs of Assignes such sum or sums money not exceeding the laid sum of 200 l. at the most as the said R S. the Father shall by such Will Deed or Deeds limit expresse or appoint And the r●upon it is covenanted granted and agreed by and between the said parties to these presents for themselves and their heires That the said estate and assurance for and touching the said Lands and Tenements that shall be so given granted conveyed assigned demised disposed or appointed as aforesaid his or their heires c. according to the true intent and meaning of the said Will Deed or Deeds untill such time as the said person or persons or his or their heirs Executors or Assignes shall have take receive and leavy of the Rents issues and profits such sum or sums of mony as shall be limited or appointed of the said R S. the Father or that the said Will Deed or Deeds or untill the Feast of c. in the which the said R S. the Son or the heres males of his body lawfully begotten or for default of such issue c. shall wel and truly content and pay to such person or persons or his or their heires c. such sum or sums of mony as shall be limited or appointed by the said last Will Deed or Deeds according to the true meaning intent and appointment of the same last Will Deed or Deeds and from and after such time or times as the said sum or sums of mony shall or may be le●●ed received or had or otherwise paid and satisfied in sort aforesaid the said estates for and touching the said Lands and Tenements wich shall be given granted conveyed demised disposed or appointed as aforesaid shall be and the said T J. c. shall stand and be thereof seized to such uses be hoose and purposes and of such person and in such Estate sort manner and form as the same should have been remained des ended reverted or come by and according to the true meaning of these presents if his present proviso had never been Any thing c. notwithstanding Provided a wa●es c. that it shall be lawfull to and for the said R. S the Father during his life by writing indented under sea●e or by any other conveyance and assurance in writing or by matter of record to grant convey appoint and assure unto or unto the use of such woman or woman c. ●or Jointure to these ond Wife Provided also Proviso that it shall he lawfull ●or R S. to let L●nds in the re●●re o' C. B. for a lointure or 3 Loves c. that i●
singular the said Messuages Lands Tenements and Hereditaments with the appurtenances of for from touching and concerning all and all manner of bargains sales gifts grants Joyntures fines dowers recoveries feoffments estates tails limitations uses leases morgage rents-charge stature merchants and of the staple judgments recognizances intrusions conditions entries troubles titles and incumbrances whatsoever at any time heretofore had made done committed acknowledged grown executed occasioned caused or willingly or wittingly suffered or hereafter to be made c. by the said E P and T P or either of them or any other person or persons by their or any of their assent means authority title or procurement the rent and services hereafter to grow due to the chief Lord or Lords of the fee of the premeises and the Title of Dower or estate in Joynture of the said E now wife of the said E D in and to the premises and all Leases heretofore made by the said E for 21 years or under now in being whereupon the now rents and services paid or answered for the same or more are reserved and shall be yearly due and payable during the same term and terms of the said Lease and Leases and all estates conveyances grants leases and assurances to be made by and according to the true meaning of these presents and such condition and title as the I. L. and his heirs have to redeem the premisses by him as aforesaid conveyed and assured unto the said E.P. and such Lease as the said E P hath heretofore made and passed unto IC an expresse Tenant of and upon the Tenement c. for and during the term of c. whereupon there is reserved and shall be payable during the continuance of the same Lease then also only excepted And whereas the said E P is possessed for divers years yet enduring of and in the tythes and portion of c. in c. of and in c. Now the said E P and T P do grant c. that the same E P and T P. and either of them and the Executors and Administrators of either of them shall and will at all times hereafter and from time to time at and upon the reasonable request costs and charges in the Law of the said E G his c. make c. unto such person or persons c of in and upon the said tythes leases for years and interest and the Indentures and writings thereof To have and to hold the same Tythes leases terms interest and the Indentures and writings unto the said person or persons c their c. to the intent use trust and confidence that the said person or persons c. and his or their c. shall suffer and permit the said E P during his life to have hold occupy and enjoy the said tythes and leases and receive the rents issues and profits thereof and to the intent use trust and confidence that the said person or persons to be named and appointed as aforesaid and his or their heirs c. shall and will permit and suffer the said M from and after the decease of E P for and during her life to have hold occupy possesse and enjoy the tythes and portion of tythes of c. and to the intent use trust and confidence that the said person or persons c. shall from and after the decease of the said E P permit and suffer the said T P and the heirs of his body upon the body of the said M lawfully to be begotten And for default of such issue c. to have hold occupy and enjoy the said rest and residue of the tythes farms and leases together also with the said tythes and protion of her from and after the decease of the said E P and M G to take and receive the rents issues and profits thereof during the rest and residue of the termes and pears of the said several leases without fraud and covin And the said E P and T P for them c. That they the said E P and T P their c. or one of them shal wil at all times hereafter acquit discharge or otherwise upon reasonable notice and request fully and sufficiently release the said tythes farms leases interests of for touching and concerning all and all manner bargains c. whatsoever had made done acknowledged caused procured occasioned willingly or wittingly suffered or hereafter to be had c. by the said E P and T P or either of them or any other by their or any of their means assent commandment authority or procurement The rents duties grants and covennants contained in the said several leases only excepted and foreprized And that the said M and the heirs of the body of the said T P upon her body lawfully to be begotten shall or may have c. the said tythes c. according to the intent and true meaning of these presents without any let suit c. of nay person or persons that lawfully claim the premises or any part or parcel thereof from by or under the said E P and T P or either of them or after or by reason of any forfeiture committed or willingly suffered by them or either of them except such interruption suit or troubles as shall be made done or committed by the said person or persons to be named and appointed as aforefaid or his or their c. or any of them In witness c. An Indenture of Use for the cutting off Lands entailed in the right of the Wife making the same to the use of her Husband for ever THis INDENTVRE made c. between c. Witnesseth A Covenant to suffer a Recovery That it is covenanted granted condescended and a greed between the said parties by these presents That they the said R F and M on this side and before the Feast of c. shall suffer the said I S and C R in due form of Law to recover against the said K and M and their heirs and the heirs of them and either of them in the Court of Hastings of L. holden in the Guild hall of the same City according to the custom of the same City the Mayor and Sheriffs of the same City aforesaid two Messuages c. with all and singular shops c. by the name of c. set lying and being c. and to have and take execution thereof accordingly And it is further covenanted That the Recovery shall be to the use of R. F. c. and the said R C. and I S for them c. That immediately from and after the Judgment and execution had of the same recovery as wel the said R C and F S and their heirs shal stand and be seized of the premises as also of the same Recovery in form aforesaid to be had and sued for the two Messuages shall be to the use and behoof only of aforesaid R F and of his Heirs and Assigns for ever and to no
And of and in the repairing and amending of all Breaches and Invasions of Waters and of and in all other Water-works and of and in all gaines profit and increase which shall or may accrew be gotten grow due or arise touching or concerning the same Art Trade Science or Mystery or any other thing or things thereunto incident from the day of the date hereof during and until the full end and terme of c. from thence c. if the said C shall so long live A stock of money for that purpose put by W P into the hands of C G And to that end and purpose the said W P hath imployed into the hands and custody of the said C G at the ensealing and delivery hereof 60 l. of c. as a stock by him the said C to be from time to time during the continuance of this Co-partnership imployed in the said joynt Trade or Mystery That all profit that shall arise shall be equally divided between them And therefore it is mutually covenanted granted and agreed by and between the same parties and either of them for himself his c. doth covenant and grant to and with the other of them his c. by these presents That all and singular the gaines profit and increase which shall or may accrew be gotten arise grow due or increase in or by the same joynt Trade Art Science or Mystery and in and by all Letters-patents Commissions and Licenses to be granted by or from c or the Lords Commissioners of the Admiralty of E. or any others unto the said C G for or touching the said Trade c. or any thing touching or concerning the same shall be equally distributed and divided unto and between both the same parties their c. part and portion like that is to say The one moyety or half part thereof shall be and remaine unto the said C G his c. and the other moyety or halfe part thereof unto the said W P his c. * And that all charges whatsoever shall be equally borne between them And that all and singular the charges of Work-manship and finding of Messengers between the same parties and all other charges touching or concerning the same Co-partnership shall during the continuance of the same Co-partnership be equally borne and paid by and between both the same parties their part and portion like † C Covenanteth during the said Co-partnership wholly to imploy himself and his endeavour to the best benefit of this Co-partnership and also from time to time to give a just accompt to W P touching the said co-partnership of the gains benefit to be due And the said C G for himself c. That he the said C G shall and will from the day of the date hereof alwayes and from time to time at meet and convenient times during the said Co-partnership wholly apply and imploy himselfe and do his best endeavour to advance the benefit of this Co-partnership And also shall and will upon every reasonable request in that behalfe to be from time to time made well and truly accompt with and a true reckoning make unto the said W P his c. of and for all the doings receipts and dealings of the said C his c. of in and by the said joynt trade c. and all things touching or concerning the said Co-partnership and the part and portion of the gaines or benefit to be from time to time due unto the said W P his c. shall and will truly pay to the said W P his c. without fraud or covin * And at the end of the said term the said C G will render the moyety or half part of all the instruments imployed unto the said W P then left and remaining And further That in the end of the said term of c. or upon reasonable request next after any sooner dissolution of this Co-partnership that is to say in which of the said dayes or times shall first or next happen to come or be hee the said C his c. shall and will well and truly deliver or cause c. unto the said W P his c. the one moiety or half part of all and singular such instruments as shall be imployed in this Co-partnership and then left and reserved † And at the end of the said term aforesaid or within the space of c. will render the full residue of the said stock put in by W P. And also in the end of the said term of c. or within the time and space of c. next after any sooner dissolution of this Co-partnership That is to say in which of the same dayes shall first or next happen to come or be shall truly pay unto the said W P his c. the full residue of the abovesaid stock or summe of c. so in hand reposed into the custody of the said C G at the ensealing and delivery hereof as abovesaid * A Covenant for Survivorship And it is mutually covenanted c. That if it shall happen either of them the said parties to dye or decease the Covenant for Survivorship And that neither of them the said parties his c. shall at any time hereafter without the special License and consent of the other of them his c. acquit or discharge any person or persons which shall be indebted unto this Co-partnership for any lesse summe or summes of money then shall be duly owing † A Covenant that if any contract or other assurance hereafter shall be made or given touching the said Joint trade shall be made in the names of both the copartners And furthermore it is mutually covenanted c. That all Covenants Contracts Obligations and other Assurances whatsoever which shall at any time hereafter be made taken or given touching or concerning the said joynt trade or any matter or thing thereto incident shal be made and done in the names of both the said Co-partners In witnesse c. An Indenture of Co-partnership between Promooters in a very good form THis INDENTVRE made c. betweene c. Witnesseth That it is covenanted condescended concluded and agreed by and between the said parties in manner and forme following viz. That the said R and I shall and will be and continue Partners together concerning the matters hereunder mentioned from the day of the date of these presents during the space of c. from thence next and immediately ensuing c. if the said R and I shall so long naturally live in this world And first Covenanteth to put all informations against any person or persons transgressing any the Laws and Statutes in the said Courts of c. the said R Covenanteth by these presents c. That he the said R shall and will put and exhibit into any and every of the Courts of Records as due occasion shall serve all and every such information and informations
as shall be requisite to be put and exhibited into the said Courts or any of them for any matter or occasion that shall be gathered by the said R R and I M or either of them against any person or persons whatsoever for transgressing any of the Laws and Statutes of the Commonwealth of E. or for or concerning any forfeitures or seizures touching of the same Statutes And covenanteth to follow the same with effect untill they shall be determined alwayes to be had or made from time to time during the time abovesaid and that immediately upon good and due instructions and notice had and given by either of the said Parties in that behalf And also that he the said R R shall prosecute and follow all and every the same informations with effect untill they and every of them shall be fully finished and determined according to the order of the Lawes or untill the Parties which shall be had in suit shall be fully agreed with the Officers of c. and with the said R and I or either of them concerning the same informations or other the premises accordingly * Covenant that R R shall not compound or agree with any person or persons against whom the said I. shall exhibit any information in any of the Courts of Record without the consent of I M first had And the said R R Covenanteth c. That he the said R nor any other for him or in his behalf shall not at any time or times hereafter during the term abovesaid compound or agree with any person or persons against whom the said R and I or either of them shall exhibite or cause c. any information or informations in any of the Courts of Records as is aforesaid or concerning the forfeitures or seizures aforesaid or any of them without the consent and agreement of the said I M first had and obtained in that behalf † And I M Covenants the same Covenants to be at the charges that shall arise in prosecuting equally between them And likewise the said I M for his part Covenanteth c. the same that the other is And the said R R Covenanteth c. That he the said R shall for his part bear pay and discharge the moyety and half of all and every such costs and charges summe and summes of money as shall be requisite to be born paid and discharged either in and about the prosecuting and following of all and every the informations aforesaid or other the premises according to the order of the Law in any of the said Courts of Record or in riding or travelling about the same informations forfeitures or seizures or in searching or seeking for matters or occasions that shal concern the same informations forfeitures seizures or any and every of them viz. Pound for Pound Shilling for Shilling and Peny for Peny And also to give a true and just accompt each to other of their proceedings as due occasion shall serve in that behalf And also that he the said R R shal and wil render and give unto the said I M a just and true accompt of all his doings and proceedings in and about the premises and shal make even and pay the said I or at the least agree with the said I concerning the payment to be due upon all the reckonings which shall passe between the said R and I touching the premises once every half year at the least during the term abovesaid And likewise the same Covenant from I M to R R. And further Covenant to share equally between them what shall bee received upon any information forfeiture or seizures to be exhibited the said R R covenanteth c. That he the said R R shall render and pay unto the said I M or his Assigns the just moyety or one half of all such sum and sums of mony as shal arise come and grow and be received by order of Law by reason of all and every or any information or informations forfeitures or seizures to be exhibited by the said R and I or either of them as is aforesaid or that shall be obtained or gotten by any agreement to be made concerning any of the informations forfeitures or seizures the portion of c. being reserved and deducted and that the said moyety of the premises so to be due to the said I M shal be delivered to the said I M or his Assigns by the said R or his Assigns alwayes within the space of c. next after the said R shall have recovered received or obtained the said sum or sums of mony or any of them by order of Law or by agreement without fraud or covin * Covenanteth not to deale with any other person in their co-partnership during life And the said R R covenanteth c. That he the said R R shal not meddle nor have to do with any other person or persons but only with the said I M for or concerning any information or c. by him the said R R to be exhibited or willed or moved to be c. during the aforesaid term of c above specified the like Covenant from I M to R. Furthermore whereas the said R R hath already exhibited an information in the Court called c. against one R F of c. as by the Records of the same Court appeareth Now the said R R is contented and doth covenant c. That he the said I M shall have the just moyety or one half of all such sum or sums of mony as shall arise come or grow Covenant that I M shall have halfe the profit of one information already exhibited by R R if I M will pay halfe the charges already disbursed and after Agreed that I M shal put into the hands of R R the summe of c. for maintenance of suits untill the next accompt and be received by order of Law by reason of the said information or that shal be obtained by any agreement to be made concerning the same the portion of c. being reserved and deducted so that the said I M will bear and pay the one half of the charges to be sustained by reason of the said information according as he hath covenanted to pay for the other informations without fraud or covin Also it is covenanted c. That he the said I M shal deliver into the hands of the said R R at the ensealing of these Indentures the sum of c. which shall remain in the hands of the said R for and towards the maintenance of the aforesaid suits until the next accompt to be had and made between the said R and I concerning the premises And so upon the accomplishment of the said accompt and other accompts to be made between the said parties during the said term the said I M shal alwayes deliver unto the said R R 5 l. of c. before hand towards the maintenance of the aforesaid suits Provided alwayes